City Council Agenda 082520 - thorntonco.gov€¦ · 2020-2024 Consolidated Plan, ... park at 88th Avenue and Huron Street, Springvale Trail, and water meter replacement). (First Reading)

OFFICE OF THE CITY MANAGER

CITY OF THORNTON 08/20/2020

AGENDA 1513th Regular Meeting of the

CITY COUNCIL COUNCIL CHAMBERS

August 25, 2020 7:00 p.m.

1. CALL TO ORDER

2. PLEDGE OF ALLEGIANCE

3. MOMENT OF SILENCE

4. ROLL CALL OF COUNCIL

5. APPROVAL OF AGENDA

APPROVING THE AGENDA APPROVES TIMING FOR CONSIDERING THE CONSENT CALENDAR. AT THE TIME COUNCIL CONSIDERS THE CONSENT CALENDAR, ANY COUNCILMEMBER MAY REQUEST THAT AN ITEM BE "PULLED" AND THAT ITEM SHALL BE REMOVED AND ADDED TO THE LIST OF “ACTION ITEMS."

6. PRESENTATIONS None

7. AUDIENCE PARTICIPATION DURING THIS PORTION OF THE MEETING, ANYONE MAY SPEAK ON ANY SUBJECT WHICH DOES NOT LATER APPEAR ON THE AGENDA AS A PUBLIC HEARING. SPEAKING TIME WILL BE LIMITED TO THREE MINUTES PER INDIVIDUAL/TOPIC WITH A ONE HOUR LIMIT ON THIS SEGMENT OF THE AGENDA. IF YOU WISH TO SPEAK, PLEASE SIGN UP BY GOING TO https://thorntonco.zoom.us/webinar/register/WN_7yvLB78mSaKWuZcbnfqWNw OR CALL 669-900-6833 AND ENTER MEETING ID 985 4055 7550.

8. COUNCIL COMMENTS/COMMUNICATIONS

9. STAFF REPORTS

A. City Manager.

B. Financial Revenue Projections.

10. CONSENT CALENDAR

ITEMS OF A ROUTINE AND NON-CONTROVERSIAL NATURE ARE PLACED ON THE CONSENT CALENDAR. ANY COUNCILMEMBER MAY REQUEST THAT AN ITEM BE "PULLED" FROM THE CONSENT CALENDAR AND CONSIDERED SEPARATELY. AGENDA ITEMS PULLED FROM THE CONSENT CALENDAR WILL BE PLACED ON THE AGENDA AT THE END OF THE MATTERS LISTED UNDER "ACTION ITEMS."

A. Approval of Minutes - August 11, 2020 Regular and Special City Council meetings.

OFFICE OF THE CITY MANAGER COUNCIL AGENDA August 25, 2020

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CITY OF THORNTON 08/20/2020

10. CONSENT CALENDAR – Continued

B. A resolution approving the Vote Center Facilities Use Agreement between the Adams County Clerk and Recorder’s Office and the City which authorizes the use of portions of City-owned facilities as vote center locations.

C. A resolution approving a Perpetual Drainage Easement Agreement between the City

and R. Moore Properties, LLC on the City’s Brannan Lakes property.

D. A resolution reserving the City’s right to exercise its authority pursuant to Section 30-28-110 of the Colorado Revised Statutes as it relates to the City’s application for a Use by Special Review Permit to locate and construct a domestic water pipeline in unincorporated territory of Weld County.

11. PUBLIC HEARINGS

IN ORDER TO SCHEDULE THE TIMING AND LENGTH OF PUBLIC HEARINGS FOR THE CONVENIENCE OF THE COUNCIL, THE GENERAL PUBLIC, AND INTERESTED PARTIES, THE FIRST PUBLIC HEARING WILL BEGIN AT OR BEFORE 7:30 P.M., OR AS SOON THEREAFTER AS POSSIBLE. THIS SEGMENT OF THE AGENDA WILL LAST NO MORE THAN TWO HOURS. PROPONENTS AND OPPONENTS WHO WISH TO SPEAK ARE REQUESTED TO SIGN UP, BY GOING TO https://thorntonco.zoom.us/webinar/register/WN_7yvLB78mSaKWuZcbnfqWNw OR CALL 699-900-6833 AND ENTER MEETING ID 985 4055 7550, AND LIMIT THEIR REMARKS TO THREE MINUTES. GROUPS OF CITIZENS BROUGHT TOGETHER BY A COMMON INTEREST ARE REQUESTED TO CHOOSE A SPOKESPERSON WHOSE TIME TO COMMENT MAY BE EXTENDED AT THE DISCRETION OF THE MAYOR. SPEAKERS MAY BE ASKED TO BE SWORN IN BY THE CITY CLERK IF THEY WISH TO SUBMIT FACTS RATHER THAN OPINIONS. A. A public hearing regarding a resolution approving and authorizing submission of the

2020-2024 Consolidated Plan, which includes the 2020 Annual Action Plan for the use of Community Development Block Grant funding. [Public Hearing]

B. A motion continuing the Public Hearing for a Rezoning of approximately 12 acres of land located southwest of East 143rd Place and Grant Street from Regional Commercial to Planned Development, including an Overall Development Plan/Conceptual Site Plan and Planned Development Standards for a mixed-use development (Caliber at The Grove). [Public Hearing]

12. ACTION ITEMS

A. An ordinance adopting the third amendment to the 2020 Budget amending section one of Ordinance 3542, making appropriations for the City of Thornton, Colorado for the fiscal year 2020 for all funds except that appropriations for certain individual projects shall not lapse at year end but continue until the project is completed or cancelled (Community Development Block Grant, park at 88th Avenue and Huron Street, Springvale Trail, and water meter replacement). (First Reading)

OFFICE OF THE CITY MANAGER

13. ADJOURNMENT

~aredby Kristen N. Rosenbaum, City Clerk for Kevin S. Woods, City Manager

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CITY OF THORNTON

COUNCIL AGENDA August 25, 2020

08/20/2020

COUNCIL COMMUNICATION Meeting Date:

August 25, 2020

Agenda Item:

9B

Agenda Location:

Staff Reports

Goal(s):

Legal Review:

N/A

___ 1st Reading ___ 2nd Reading

Subject: Financial Revenue Projections.

Recommended by: Kim Newhart KN Approved by: Kevin S. Woods KW Ordinance previously introduced by:

___________________ Presenter(s): Kim Newhart, Finance Director

SYNOPSIS: This presentation is to inform Council on updated revenue projections for 2020. RECOMMENDATION: For informational purposes only. BUDGET/STAFF IMPLICATIONS: None. ALTERNATIVES: For informational purposes only.

BACKGROUND (ANALYSIS/NEXT STEPS/HISTORY): (includes previous City Council action) None.

General Government 2020 Projected Revenue Loss COVID-19 Revenue Impacts by Fund 2020 Budgeted

Revenue Projected Loss

7/31/20(Does not include CARES

ACT Funds)

Total General Government $182.4M $-9.4M

Revenue Loss Breakdown by Category2020 Budgeted

Revenue Projected loss/gain

as of 7/31/20(Does not include CARES

ACT Funds)

Revenue % change compared to

budget

Sales, Use & Other Taxes

Sales Tax $76.9M $-1.3M -1.7%

Building Use $8.8M $-2.8M -31.8%

Consumer Use $2.6M $-529k -20.3%

Lodging Tax $1.7M $-718k -42.2%

All Other $36M $-750k -2.1%

Charges for Services (recreation related) $6.4M $-3.4M -53.1%

Fines & Forfeitures $2.6M $-1.2M -46.2%

All other +/- $47.4M $+1.3M +2.7%

Total $182.4M $-9.4M -5.2%

COUNCIL COMMUNICATION Meeting Date:

August 25, 2020

Agenda Item:

10A

Agenda Location:

Consent Calendar

Goal(s):

Legal Review:

N/A

___ 1st Reading ___ 2nd Reading

Subject: A Motion approving the Minutes of the August 11, 2020 Regular and Special City Council meetings.

Recommended by: Robb Kolstad RK Approved by: Kevin S. Woods KW Ordinance previously introduced by:

__________________

Presenter(s): Kristen Rosenbaum, City Clerk

SYNOPSIS: The official Minutes of the August 11, 2020 Regular and Special City Council meetings have been prepared by the City Clerk's Office and are hereby submitted for Council's approval. RECOMMENDATION: Staff recommends approval of Minutes as requested. BUDGET/STAFF IMPLICATIONS: None. ALTERNATIVES: 1. Approve the minutes as submitted. 2. Approve the minutes with corrections requested by Council.

BACKGROUND (ANALYSIS/NEXT STEPS/HISTORY): (includes previous City Council action) None.

Unofficial until approved By City Council

MINUTES

THORNTON CITY COUNCIL 1512TH REGULAR MEETING

AUGUST 11, 2020

1. CALL TO ORDER – By Mayor Jan Kulmann at 7:00 p.m. by way of an electronic meeting through Zoom software.

2. PLEDGE OF ALLEGIANCE 3. MOMENT OF SILENCE 4. ROLL CALL OF COUNCIL – Those Present were: Mayor Jan Kulmann; Mayor Pro Tem

Jessica Sandgren; and Councilmembers David Acunto, Angie Bedolla, Sherry Goodman, Julia Marvin, Adam Matkowsky, Sam Nizam, and Jacque Phillips. Absent – Councilmember Sherry Goodman arrived late.

STAFF MEMBERS PRESENT – Kevin Woods, City Manager; Luis Corchado, City Attorney; Joyce Hunt, Assistant City Manager; Robb Kolstad, Assistant City Manager; Jeff Coder, Deputy City Manager of City Development; Chris Molison, Executive Director of Management Services; Brett Henry, Executive Director of Infrastructure; Seve Ghose, Director of Parks, Recreation and Community Programs; Cliff Brown, Interim Police Chief; Gordon Olson, Fire Chief; Kim Newhart, Finance Director; John Cody, Economic Development Director; Jason O’Shea, Deputy City Development Director; Grant Penland, Planning Director; Erika Senna, Budget Manager; Jaylin Stotler, Community Connections Manager; Ben Nichols, Housing Coordinator; Cassie Free, Development Engineering Manager; Darrell Alston, Traffic Engineer; Marta Junyent, Senior Civil Engineer; Todd Barnes, Communications Director; Ty Robbins, Senior Planner; Julie Jacoby, Retail Administrator; Mary Kent, CMO Services Administrator; Stephen Kelley, Deputy Fire Chief; Adam Lyons, Grand and Housing Supervisor; Robin Martinez, Local Business Administrator; Vinicio Carillo, Traffic Engineering Technician; Jesse Jimenez, Arts and Culture Coordinator; Kristen Rosenbaum, City Clerk; and Crystal Sergent, Agenda and Licensing Coordinator.

5. APPROVAL OF THE AGENDA

MOTION WAS MADE BY COUNCILMEMBER BEDOLLA AND SECONDED BY COUNCILMEMBER NIZAM TO APPROVE THE AGENDA AS PRESENTED. MOTION PASSED UNANIMOUSLY BY A ROLL CALL VOTE OF THE COUNCIL.

6. PRESENTATIONS

None

7. AUDIENCE PARTICIPATION

Kathy Henson, no address provided, addressed Council regarding recent and upcoming meetings and events, citizen engagement, and equity.

Councilmember Goodman arrived at 7:07 p.m.

AUGUST 11, 2020, CITY COUNCIL MINUTES PAGE 2

Jessica Garcia, 9150 High Street, addressed Council regarding the Thornton Shopping Center and equity. Cherish Salazar, no address provided, addressed Council regarding the Thornton Shopping Center meeting and a survey provided at the ice cream social. Seamus Blaney, no address provided, addressed Council regarding the Thornton Shopping Center. Tracy Crespin, no address provided, addressed Council regarding Coronavirus Aid, Relief, and Economic Security (CARES) Act funding.

8. COUNCIL COMMENTS/COMMUNICATIONS

Councilmember Acunto commended the Police Department for a recent call for service and announced the Ward 3 Ice Cream Social is this Thursday. Councilmember Bedolla reported on the Active Adult Center dedication ceremony and tour, the Ward 1 Ice Cream Social and Concert in the Park, a tour at the Thornton Shopping Center, the Ward 4 Ice Cream Social and Concert in the Park to be held August 20 from 6-8:30 p.m., and the Adams 12 Five Star Schools’ Back to School Bash this Saturday from 8:30-10:30 a.m.. Councilmember Phillips addressed comments made during Audience Participation and spoke about homelessness in Ward 1, safety-related equity concerns in Ward 1, the Community Center meeting, court reorganization, and the Ward 1 Ice Cream Social. Councilmember Goodman reported on the Community Center Area Community meeting and Ward 1 Ice Cream Social. Mayor Pro Tem Sandgren commended the Police Department for its Victim Services Unit being awarded the Victims of Crime Act Grant, spoke about The Learning Source and the Ward 2 Ice Cream Social, and thanked City staff for their work through the Coronavirus Disease 19 (COVID-19) Pandemic. Councilmember Marvin spoke about the equity survey and Adams County Housing Task Force rental assistance for landlords and tenants. Mayor Kulmann reported on board and commission vacancies, the Thornton Active Adult Center dedication and meetings she has attended. She spoke about the Twist and Shout Concert Series, Ice Cream Socials, Moves in the Parks, and school supply and personal protective equipment (PPE) drive kick off to help school districts. She thanked everyone for providing public comment.

9. STAFF REPORTS

A. Monthly Financial Report for June 2020.

Kim Newhart, Finance Director and Erika Senna, Budget Manager, presented slides and information and answered questions from Council on this item.

AUGUST 11, 2020, CITY COUNCIL MINUTES PAGE 3

10. CONSENT CALENDAR

MOTION WAS MADE BY MAYOR PRO TEM SANDGREN AND SECONDED BY COUNCILMEMBER GOODMAN TO APPROVE THE CONSENT CALENDAR AS PRESENTED. MOTION PASSED UNANIMOUSLY BY A ROLL CALL VOTE OF THE COUNCIL.

THE FOLLOWING COUNCIL DOCUMENTS WERE APPROVED ON THE CONSENT CALENDAR:

A. Approval of Minutes – July 28, 2020 Regular and Special City Council meetings.

B. A resolution approving an Intergovernmental Agreement between the State of

Colorado’s Department of Transportation and the City for commercial driver’s license testing.

C. A resolution extending the terms for members on the Building Code Advisory Board;

Businesses of Thornton Advisory Commission; Development Permits and Appeals Board; Election Commission; Local Licensing Authority; Parks and Open Space Advisory Commission; Thornton Active Adult Board; and Thornton Arts, Sciences and Humanities Council Board of Directors.

11. PUBLIC HEARINGS

A. A public hearing regarding an ordinance approving an Overall Development

Plan/Conceptual Site Plan for an assisted living facility on approximately one acre of land located northwest of East 126th Avenue and Holly Street (Bramming Farm – Park Regency). The Public Hearing was opened at 8:04 p.m. Grant Penland, Planning Director, was sworn in by the City Clerk. He entered into the record the notice of hearing published on the City’s official website and at three physical locations as required by City Code and the notice mailed to property owners within 1,500 feet, which were previously submitted electronically to the City Clerk to be made part of the record and marked as City’s Exhibits 1 and 2, respectively. He also entered into the record the Affidavit of Posting and Posting Log, which were marked as Applicant’s Exhibits A. Mr. Penland and Darrell Alston, Traffic Engineer, was sworn in by the City Clerk, presented slides and information and answered questions from Council on this item, which were later marked as City’s Exhibit 3. Dan Rodriguez, Civil Engineer with Manhard Consulting, 7600 E. Orchard Avenue, Greenwood Village, was sworn in by the City Clerk, presented slides and information on this item, which were later marked as Applicant’s. Exhibit B. No one signed up to speak and/or spoke in support of or in opposition to the proposed development. The Public Hearing was closed at 8:20 p.m.

AUGUST 11, 2020, CITY COUNCIL MINUTES PAGE4

COUNCILMEMBER ACUNTO INTRODUCED, READ BY TITLE, AND MOVED TO APPROVE AN ORDINANCE, ON FIRST READING, WHICH APPROVES AN OVERALL DEVELOPMENT PLAN/CONCEPTUAL SITE PLAN FOR AN ASSISTED LIVING FACILITY ON APPROXIMATELY ONE ACRE OF LAND LOCATED NORTHWEST OF EAST 126TH AVENUE AND HOLLY STREET (BRAMMING FARM - PARK REGENCY). MOTION WAS SECONDED BY COUNCILMEMBER NIZAM AND DISCUSSED.

Councilmember Bedolla left the meeting at 8:21 p.m.

MOTION PASSED UNANIMOUSLY BY A ROLL CALL VOTE OF THE COUNCIL.

12. ACTION ITEMS

A. A resolution authorizing assignment of the City's 2020 Private Activity Bond allocation to Maiker Housing Partners, pursuant to the Colorado Private Activity Bond Ceiling Allocation Act.

Mayor Pro T em Sandgren recused herself from this item due to a possible conflict of interest and left the meeting at 8:22 p.m.

Jaylin Stotler, Community Connections Manager, and Ben Nichols, Housing Coordinator, presented slides and information on this item.

MOTION WAS MADE BY COUNCILMEMBER ACUNTO AND SECONDED BY COUNCILMEMBER NIZAM TO APPROVE A RESOLUTION AUTHORIZING ASSIGNMENT OF THE CITY'S 2020 PRIVATE ACTIVITY BOND ALLOCATION TO MAIKER HOUSING PARTNERS, PURSUANT TO THE COLORADO PRIVATE ACTIVITY BOND CEILING ALLOCATION ACT. MOTION WAS DISCUSSED AND PASSED UNANIMOUSLY.

13. ADJOURNMENT

MOTION WAS MADE BY COUNCILMEMBER GOODMAN AND SECONDED BY COUNCILMEMBER NIZAM TO ADJOURN THE MEETING AT 8:28 P.M. MOTION PASSED UNANIMOUSLY BY A VOICE VOTE OF THE COUNCIL.

Respectfully submitted,

ATTEST:

Mayor at time of approval

Approved at the August 25, 2020 City Council meeting.

Unofficial until approved By City Council

MINUTES THORNTON CITY COUNCIL

SPECIAL MEETING AUGUST 11, 2020

1. CALL TO ORDER- By Mayor Jan Kulmann at 9:14 p.m. by way of an electronic meeting through Zoom software.

2. ROLL CALL OF COUNCIL - Those Present were: Mayor Jan Kulmann; Mayor Pro Tern Jessica Sandgren; and Councilmembers David Acunto, Angie Bedolla, Sherry Goodman, Julia Marvin, Sam Nizam, and Jacque Phillips. Absent - Councilmember Adam Matkowsky.

STAFF MEMBERS PRESENT - Kevin Woods, City Manager; Luis Corchado, City Attorney; Brett Henry, Executive Director of Infrastructure; Mark Koleber, Water Project Director; Emily Hunt, Deputy Infrastructure Director; Todd Barnes, Communications Director; Joanne Herlihy, Senior Assistant City Attorney; Matt Court, Assistant City Attorney; and Kristen Rosenbaum, City Clerk.

MOTION WAS MADE BY COUNCILMEMBER BEDOLLA AND SECONDED BY MAYOR PRO TEM SANDGREN TO RECESS THE MEETING INTO EXECUTIVE SESSION. MOTION PASSED UNANIMOUSLY.

The meeting recessed at 9:14 p.m.

3. ACTION ITEMS

Executive session pursuant to C.R.S. 24-6-402(4)(b), conferences with the City Attorney for the purposes of receiving legal advice regarding the Thornton Water Project.

The meeting reconvened at 9:57 p.m.

4. ADJOURNMENT

MOTION WAS MADE BY COUNCILMEMBER NIZAM AND SECONDED BY COUNCILMEMBER BEDOLLA TO ADJOURN THE MEETING AT 9:57 P.M. MOTION PASSED UNANIMOUSLY.

Respectfully submitted,

ATTEST:

Mayor at time of approval

Approved at the August 25, 2020, City Council meeting.

COUNCIL COMMUNICATION Meeting Date: Agenda Item: Agenda Location: Goal(s):

~ w August 25, 2020 10B Consent Calendar _ 1st Reading _ 2nd Reading

Subject: A resolution approving the Vote Center Facilities Use Agreement between the Adams County Clerk and Recorder's Office and the City which authorizes the use of portions of City-owned facilities as vote center locations.

Recommended by: Robb Kolstad R.X Approved by: Kevin S. Woods XW Ordinance previously

Presenter(s): Kristen Rosenbaum, City Clerk introduced by:

SYNOPSIS:

This resolution approves a Vote Center Facilities Use Agreement (Use Agreement) with the Adams County Clerk and Recorder's Office (Adams County) to use portions of City Hall and the Margaret W. Carpenter and Trail Winds Recreation Centers (Recreation Centers) as vote center locations for the November 3, 2020 General Mail Ballot Election. The areas of each facility allowed to be used by Adams County are described as Exclusive Use Areas in Exhibits A 1, A2, and A3 attached to the Use Agreement. The term of the Use Agreement will be for four election cycles (four years) beginning in 2020 and ending after the Regular Municipal Election in November 2023. This resolution also authorizes the City Manager to enter into a subsequent written agreement that extends the term of the Use Agreement by an additional four years, as set forth in the Use Agreement.

Even though this is a Mail Ballot Election, it is still a requirement for Adams County to have vote centers so that individuals who spoil, lose, never received, or who wish to surrender his or her ballot to vote on a direct recording electronic (DRE) voting device, may do so. Adams County is also required to implement social distancing plans at each of the facilities in response to the Coronavirus Disease 2019 (COVID-19) Pandemic.

RECOMMENDATION:

Staff recommends Alternative No. 1, approval of the resolution approving the Use Agreement between Adams County and the City because utilizing City-owned facilities as vote center locations will be convenient for Thornton residents as well as Adams County residents.

BUDGET/STAFF IMPLICATIONS:

Adams County is requesting City Hall be open on Saturday, October 31 from 8:00 a.m. to 5:00 p.m., which will require City staff and security officers to be onsite. Adams County will pay the cost associated with additional security officers necessary at City Hall. In addition, City staff will assist with traffic control and other logistical matters on Election Day.

ALTERNATIVES:

1. Approve the resolution as presented . 2. Do not approve the resolution. Adams County would then have to find alternative voting sites for

the November election.

COUNCIL COMMUNICATION PAGE 2

BACKGROUND (ANALYSIS/NEXT STEPS/HISTORY): (includes previous City Council action) Adams County has used portions of City Hall and the Margaret W. Carpenter Recreation Center as vote centers since 2008 and has utilized these facilities as polling places since 2000. The previous Vote Center Use Agreement expired in November 2019. Highlights of the Use Agreement include the following: Adams County will have access to the Exclusive Use Areas beginning Thursday, October 30 through and including Wednesday, November 4, 2020. The vote centers will be open on Friday, Saturday, and Monday, from 8:00 a.m. to 5:00 p.m. and from 7:00 a.m. to 7:00 p.m. on Election Day. Adams County will be responsible for hiring staff to ensure that vehicles do not back up onto Thornton Parkway by voters waiting to drop off their ballots and monitoring both ingress and egress access at City Hall. Adams County is responsible for cleaning up each Exclusive Use Area to the satisfaction of the City. If Adams County fails to clean up the facility in such a manner, the City may do so at the sole cost of Adams County. Adams County must obtain and maintain workers’ compensation insurance and unemployment compensation insurance required under Colorado law as well as liability insurance. Adams County is responsible for implementing social distancing plans for each City facility. The City is responsible for providing adequate parking for electors and clearing the parking areas from snow in the event of a snow storm on Election Day. Adams County installed permanent 24-hour/7-day ballot drop-off boxes at City Hall in 2015, the Margaret W. Carpenter Center in 2016, and the Trail Winds Recreation Center in 2020.

R E S O L U T I O N A RESOLUTION APPROVING THE VOTE CENTER FACILITIES USE AGREEMENT BETWEEN THE ADAMS COUNTY CLERK AND RECORDER’S OFFICE AND THE CITY WHICH AUTHORIZES THE USE OF PORTIONS OF CITY-OWNED FACILITIES AS VOTE CENTER LOCATIONS. WHEREAS, pursuant to the Colorado Constitution, Article XIV, Section 18(2)(a), and Section 29-1-203, C.R.S., as amended, the County and the City may cooperate or contract with each other to provide any function or service lawfully authorized to each, and any such contract may provide for the sharing of costs, the imposition of taxes, and incurring of debt; and WHEREAS, the Adams County Clerk and Recorder’s Office (Adams County) and the City (Parties) are desirous of entering into the Vote Center Facilities Use Agreement (Use Agreement) attached hereto and incorporated herein by this reference; and WHEREAS, the Parties have determined that it is in its best interest to set forth the responsibilities of each Party with respect to the use of each vote center facility provided by the City; and WHEREAS, City Council has determined that it is in the best interest of and for the convenience of its residents and residents of Adams County to enter into this Use Agreement, which authorizes Adams County to use portions of the Margaret W. Carpenter Recreation Center, Exhibit A1; City Hall, Exhibit A2; and the Trail Winds Recreation Center, Exhibit A3; defined as Exclusive Use Areas in the Exhibits attached to the Use Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THORNTON, COLORADO, AS FOLLOWS:

1. The City Council hereby approves the Use Agreement, Attachment 1, attached hereto and incorporated herein by this reference, and hereby directs the City Manager, on behalf of the City, to execute and the City Clerk to attest said Use Agreement.

2. That the City Manager is hereby authorized to execute on behalf of the City

any successive Use Agreement, or any extension of the term of the Use Agreement, upon substantially the same terms and conditions as contained in this Use Agreement for an additional four-year term.

3. That the Use Agreement shall not be in full force and effect until signed by

both Parties.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Thornton, Colorado, on , 2020.

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CITY OF THORNTON, COLORADO Jan Kulmann, Mayor ATTEST: Kristen N. Rosenbaum, City Clerk

I. Locations of Facilities: The Facilities Provider shall allow the Clerk and Recorder'sOffice to use as vote centers those portions of its facilities as described in Exhibit Al, A2,and A3, which are attached hereto and fully incorporated herein by this reference. Theuse of the Facilities shall be at no cost to the Clerk and Recorder's Office, except asotherwise specified herein.

2. Access to Facilities: The Clerk and Recorder's Office shall have exclusive, twenty-four(24) hour access to the Facilities on the dates included in Exhibits Al, A2 and A3 (eachdate a "Term of Use") for any primary, general, and odd-year coordinated elections heldduring the term of this Agreement.

3. Security of Facilities: The Facility Provider shall ensure that only authorized staff andelection judges have access to the Facilities, unless otherwise mutually agreed upon.

SECTION II: RESPONSIBILITIES OF CLERK AND RECORDER'S OFFICE

I. Use of Facilities: The Clerk and Recorder's Office shall use the Facilities for the solepurpose of the conduct of elections, pursuant to the Uniform Election Code,§ 1-1-101, et

seq., C.R.S., as amended.

2. ADA Compliance: If the Facilities are not already compliant with the Americans withDisabilities Act of 1990 (ADA), the Clerk and Recorder's Office, at its sole cost and withthe written consent of Facilities Provider as set forth in this paragraph, shall be permittedto make whatever temporary or permanent improvements are necessary to bring theFacilities into compliance. The Clerk and Recorder's Office shall be solely responsiblefor obtaining any permits or other approvals as necessary from local authorities orjurisdictions prior to the installation of any ADA-related improvements. The installationof any such improvements by the Clerk and Recorder's Office shall be coordinated with

Attachment 1

ADAMS COUNTY,COLORADO

VOTE CENTER FACILITIES USE AGREEMENT

THIS VOTE CENTER FACILITIES USE AGREEMENT (Agreement) is made by and between

the Adams County Clerk and Recorder's Office (Clerk and Recorder's Office), located at 4430

South Adams County Parkway, I st Floor Suite 3102, Brighton, CO 8060 I, and City of

Thornton (Facilities Provider), located at 9500 Civic Center Drive, Thornton, CO 80229

The Clerk and Recorder's Office and the Facilities Provider, for the consideration herein set forth, agree as follows:

SECTION I: RESPONSIBILITIES OF FACILITIES PROVIDER

3.

4.

5.

6.

7.

and approved by the Facilities Provider, which approval shall be in writing and shall not be unreasonably withheld

Facilities Clean Up: At the end of each Term of Use, the Clerk and Recorder's Office shall return the :Facilities to the Facilities Provider in a tidy condition, which shall include removing all signs and removing all personal property and equipment brought into the Facilities by the Clerk and Recorder's Office. If the Clerk and Recorder's Office fails to return the Facilities to their original condition, the Facilities Provider will notify the Clerk and Recorder's Office. If the Clerk and Recorder's Office fails to return the Facilities to their original condition within forty-eight (48) hours of such notice, the Facilities Provider may do so at the sole cost of the Clerk and Recorder's Office.

Independent Contractor: The scope of this Agreement is limited to the use of the Facilities as set forth herein. Consequently, the Clerk and Recorder's Office shall be solely and entirely responsible for its acts, and the acts of its employees, agents, servants, and contractors during the term and performance of this Agreement. No employee, agent, servant, or contractor of the Clerk and Recorder's Office or of Adams County shall be deemed to be an employee, agent, servant, or contractor of the Facilities Provider because of the performance of any services under this Agreement. Adams County, at its expense, shall procure and maintain workers' compensation insurance and unemployment compensation insurance as required under Colorado law. Pursuant to the Workers' Compensation Act, § 8-40-202(2)(b)QV), C.R.S., as amended, the Clerk and Recorder's Office understands that it and its employees and servants are not entitled to workers' compensation benefits from the Facilities Provider. The Clerk and Recorder's Office further understands that it is solely obligated for the payment of federal and state income tax on any moneys earned pursuant to this Agreement.

Liability Insurance: The Clerk and Recorder's Office is a "public entity" within the meaning of the Governmental Immunity Act (GIA), § 24-10-101, et seq., C.R.S., as amended. During the term of this Agreement, the Clerk and Recorder's Office shall maintain such liability insurance, by commercial policy or self-insurance, as necessary to meet its liabilities under the GIA.

Indemnification: To the extent permissible by law, the Clerk and Recorder's Office shall indemnify, defend, and hold harmless the .Facilities Provider for any damages arising during any Term of Use as the result of any willful or wanton misconduct of the Clerk and Recorder's Office.

Assumption of Risk and Release of Liability. Clerk and Recorder's Office expressly assumes any and all risks associated with use of the Facilities, and hereby releases, waives, and discharges Facilities Provider and its current and former officers, employees, volunteers, and agents, from and against any liability, causes of action under any theory of law or equity, claims and demands, damages, costs, expenses, and compensation arising from or relating to any injury or damages to person or property incurred by the Clerk and Recorder's Office during a Term of Use arising from or relating to this Agreement.

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8. Security Officers. The Clerk and Recorder's Office shall pay the cost associated with _I_ security officers at the rate of_ 46.39 __ dollars per hour, per officer while City

Hall is open as a vote center on Saturday, October 30, 2020, for the hours of 7:30 a.m. to 5:30 p.m. on, and for one additional security officer on Tuesday, November 2, 2020 if determined to be necessary by Facilities Provider. The Clerk and Recorder's Office also agrees to pay the cost associated with security officers after hours while City Hall is open as a vote center for all future elections during the term of this Agreement at the hourly rates then in effect, and for the number of security officers and hours mutually agreed to by the parties.

SECTION III: TERM OF AGREEMENT

The initial term of this Agreement shall be for four ( 4) election cycles, ( as defined in Section 2 (6) of Article XXVIII of the Colorado State Constitution), beginning on the date the last party signs this Agreement and terminating the day after election day in November 2023. Upon the mutual written agreement of the parties, this Agreement may be extended for an additional four (4) year term, up to and including election day in November 2027.

SECTION IV: TERMINATION

I. During the term or any extended term of this Agreement, the Clerk and Recorder's Office may terminate this Agreement without cause by providing written notice to the Facilities Provider specifying the effective date of the termination.

2. During the term or any extended term of this Agreement, the Facilities Provider may terminate the Agreement without cause by providing written notice to the Clerk and Recorder's Office no later than 90 days before any election specifying the effective date of the termination.

SECTION V: GENERAL PROVISIONS

I.

2.

Jurisdiction and Venue

The laws of the State of Colorado shall govern as to the interpretation, validity, and effect of this Agreement. The parties agree that jurisdiction and venue for any disputes arising under this Agreement shall be with the 17th Judicial District, Colorado.

Compliance with Laws

During the performance of this Agreement, the parties agree to strictly adhere to all applicable federal, state, and local laws, rules and regulations, including all licensing and permit requirements. The parties hereto acknowledge that they are familiar with § 18-8-301, et seq., C.R.S. (Bribery and Corrupt Influences), as amended, and § 18-8-401, et

3

3.

seq., C.R.S. (Abuse of Public Office), as amended, and that no violations of such provisions are present.

Assignability

Neither this Agreement, nor any rights hereunder, in whole or in part, shall be assignable or otherwise transferable by either party without the prior written consent of the other party.

4. Waiver

5.

Waiver of strict performance or the breach of any provision of this Agreement shall not be deemed a waiver, nor shall it prejudice the waiving party's right to require strict performance of the same provision, or any other provision in the future, unless such waiver has rendered future performance commercially impossible.

Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations hereunder to the extent that such delay or failure is caused by a force or event beyond the control of such party including, V\iithout limitation, war, embargoes, strikes, governmental restrictions, riots, fires, floods, earthquakes, or other acts of God.

6. Notice

Any notices given under this Agreement are deemed to have been received and to be effective: three (3) days after the same shall have been mailed by certified mail, return receipt requested; immediately upon hand delivery; or immediately upon receipt of confirmation that a facsimile or electronic mail transmission was received. For the purposes of this Agreement, any and all notices shall be addressed to the contacts listed below:

Adams County Clerk and Recorder's Office 4430 S. Adams County Parkway. 1st Floor, Suite E3 l 02 Brighton, Colorado 80601 Phone No.: (720)523-6500 E-mail Address: [email protected]

For Facilities Provider:

Kristen N. Rosenbaum, City Clerk 9500 Civic Center Drive Thornton, CO 80229 Phone No.: (303)538-7309

4

E-mail: [email protected]

7. Integration of Understanding

This Agreement contains the entire understanding of the parties hereto and neither it, nor the rights and obligations hereunder, may be changed, modified, or waived except by an instrument in writing that is signed by the parties. Course of performance, no matter how long it continues, shall not constitute an amendment to this Agreement.

8. Paragraph Headings

9.

Paragraph headings are inserted for the convenience of reference only.

Counterparts and Electronic Signatures.

This Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy of this Agreement and all of which, when taken together, will be deemed to constitute one and the same agreement. The facsimile, email or other electronically delivered signatures of the parties shall be deemed to constitute original signatures.

10. Parties Interested Herein

Nothing expressed or implied in this Agreement is intended or shall be construed to confer upon or to give to, any person other than the parties, any right, remedy, or claim under or by reason of this Agreement or any covenant, terms, conditions, or provisions hereof. All covenants, terms, conditions, and provisions in this Agreement by and on behalf of the Clerk and Recorder's Office and the Facilities Provider, shall be for the sole and exclusive benefit of the Clerk and Recorder's Office and the Facilities Provider.

11. Severability

If any provision of this Agreement is determined to be unenforceable or invalid for any reason, the remainder of this agreement shall remain in effect, unless otherwise terminated in accordance with the terms contained herein.

12. Authorization

Each party represents and warrants that it has the power and ability to enter into this Agreement, to grant the rights granted herein, and to perform the duties and obligations herein described.

13. Governmental Immunity. This Agreement is not intended, and shall not be construed, as a waiver of the limitations on damages or any of the privileges, immunities, or defenses provided to, or enjoyed by, Facilities Provider and its past or present officers, employees,

5

or agents under common law or pursuant to statute, including but not limited to the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq.

IN WITNESS WHEREOF, the parties hereto have caused their names to be affixed.

CLERK AND RECORDER

ADAMSCOUNTY,COLORADO

Josh Zygielbaum

FACILITIES PROVIDER

Kevin S. Woods, City Manager

ATTEST:

Kristen N. Rosenbaum, City Clerk

~-1'-?o Date

Date

Approved as to form:

Luis A. Corchado, City Attorney

6

EXHIBIT A1

Margaret W. Carpenter Recreation Center 11151 Colorado Boulevard Thornton, CO 80233

Exclusive Use Area:

The Adams County VSPC will be in Meeting Rooms A, B and C, located to the left of the main entrance, which is approximately 33’ x 81’ or 2,673 square feet.

The VSPC itself will lock to serve as the lockable storage for equipment.

Non-Exclusive Use Area:

General and disabled parking is available for voters.

Dates and Times of Use for 2020 General Election:

Date Time Purpose 10/29/2020 TBD Equipment drop off and set up 10/30/2020 7:30 am – 5:30 pm VSPC open from 8:00 am-5:00 pm 10/31/2020 7:30 am – 5:30 pm VSPC open from 8:00 am-5:00 pm 11/2/2020 7:30 am – 5:30 pm VSPC open from 8:00 am-5:00 pm 11/3/2020 6:30 am – approximately 10:00 pm Election Day, voting from 7:00 am-7:00

pm plus clean up time 11/4/2020 TBD Equipment pick up

EXHIBIT A2

Thornton Civic Center 9500 Civic Center Dr. Thornton, CO 80229

Exclusive Use Area:

The Exclusive Use Area shall be the Training Room on the first floor of Thornton City Hall.


Non-Exclusive Use Area: General and disabled parking is available for voters. Dates and Times of Use for 2020 General Election:



EXHIBIT A3

Trail Winds Recreation Center 13495 Holly St. Thornton, CO 80602

Exclusive Use Area:

Room(s) to be determined upon site visit.


Non-Exclusive Use Area: General and disabled parking is available for voters. Dates and Times of Use for 2020 General Election:



Meeting Date:

August 25, 2020

COUNCIL COMMUNICATION Agenda Item: Agenda Location: Goal(s):

10C Consent Calendar _ 1st Reading _ 2nd Reading

Subject: A resolution approving a Perpetual Drainage Easement Agreement between the City and R. Moore Properties, LLC on the City's Brannan Lakes property.

Recommended by: Brett Henry 'B'EJ-f Approved by: Kevin S. Woods XW

Presenter(s): Brett Henry, Executive Director of Infrastructure

SYNOPSIS:

Ordinance previously introduced by:

R. Moore Properties, LLC (Moore) has requested a Perpetual Drainage Easement (Easement) from the City in order to construct drainage improvements across an existing sewer easement on the City's Brannan Lakes property (Brannan Lakes). Moore owns property at 901 E. 73rd Avenue that is adjacent to Brannan Lakes. The existing Sewer Easement is held by Chesrown Collision Center (Chesrown) and Chesrown consents to granting of the Easement across its existing Sewer Easement. A vicinity map is attached .

RECOMMENDATION:

Staff recommends Alternative No. 1, approve the resolution to grant the Easement to Moore.


The City can expect $500 in compensation for the Easement, which is market value for this type of easement.

ALTERNATIVES:

1. Approve the resolution granting the Easement to Moore. 2. Do not approve the resolution granting the Easement to Moore

BACKGROUND (ANALYSIS/NEXT STEPS/HISTORY): (includes previous City Council action)

Prior to 2010, Mandalay Irrigation Company owned Brannan Lakes. In 2010, the Mandalay Irrigation Company was dissolved and the assets were distributed between the remaining shareholders and the City took ownership of Brannan Lakes. On June 30, 1993, Mandalay Irrigation Company granted a Sewer Easement to Brannan Sand and Gravel Company in order to facilitate the construction, operation, and maintenance of a sanitary sewer pipeline to service a parcel of real property located at 7420 N. Washington Street, this property is now owned by Chesrown. On June 26, 2020, Chesrown consented to the City's granting of the Easement to Moore across the underlying Sewer Easement, a copy of the Consent to Easement is attached to the Easement as Exhibit B. Because of the location of the Moore property, there are no other reasonable alternatives for the drainage and the Easement will not cause any damage to the Brannan Lakes property.


VICINITY MAP

Brannan Lakes

901 E. 73rd

Im .. _

VICINITY MAP

BRANNAN LAKES

R E S O L U T I O N A RESOLUTION APPROVING A PERPETUAL DRAINAGE EASEMENT AGREEMENT BETWEEN THE CITY AND R. MOORE PROPERTIES, LLC ON THE CITY’S BRANNAN LAKES PROPERTY. WHEREAS, City Charter Section 4.22, requires that City Council pass a resolution by majority vote to sell or otherwise dispose of City property; and WHEREAS, the City owns the Brannan Lakes property in Adams County known as Lot 2 Mandalay Subdivision (Brannan Lakes); and WHEREAS, the City desires to grant a Perpetual Drainage Easement (Easement) on Brannan Lakes for the purpose of installing drainage improvements; and WHEREAS, the subject Easement is described in Attachment 1 attached hereto by reference. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THORNTON, COLORADO, AS FOLLOWS:

1. That the grant of the Easement, in exchange for compensation of $500, is

hereby approved in accordance with City Charter Section 4.22. 2. That the City Manager is hereby authorized to execute, and City Clerk to

attest, said Easement along with any associated exhibits, attachments, and other documents to facilitate the grant of the Easement on Brannan Lakes.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Thornton, Colorado, on , 2020. CITY OF THORNTON, COLORADO Jan Kulmann, Mayor ATTEST: Kristen N. Rosenbaum, City Clerk

Attachment 1

PERPETUAL DRAINAGE EASEMENT AGREEMENT

THIS GRANT OF PERPETUAL DRAINAGE EASEMENT AGREEMENT is made this ~ day of J.)~€" , 2020, between the City of Thornton, a Colorado home rule municipality, located at 9500 Civic Center Drive, Thornton, Colorado 80229 ("Granter"), and R Moore Properties, LLC, a Colorado limited liability company located at 2721 E. 138th Place, Thornton, CO 80602 ("Grantee"). Granter and Grantee may be collectively referred to herein as "Parties".

1. Granter, for and in consideration of the sum of Five Hundred and No/100 Dollars ($500.00) and the promises and conditions set forth herein and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, hereby grants and conveys to Grantee, its successors and assigns, a nonexclusive perpetual easement ("Easement") for the purpose of constructing, operating, maintaining, replacing, repairing, reconstructing, improving, inspecting, surveying and testing at any time and from time to time drainage improvements as shown and described on Exhibit A attached hereto ("Drainage Improvements") in, over, on and through that portion of the Grantor's property identified and described on Exhibit A attached hereto and incorporated herein by this reference ("Easement Property"), to allow drainage of surface and storm water from Grantee's property onto Grantor's property.

2. Granter further grants to Grantee for the purpose of exercising the rights herein granted the right of entry and ingress and egress through, to, in, over, across and along Grantor's property as identified and described on Exhibit A, provided that Grantee provides Granter with 72 hours' prior notice of Grantee's need for such access. No other access on Grantor's property beyond the Easement area is allowed.

3. Granter reserves the right to use and occupy the Easement Property for any purpose consistent with the rights and privileges above granted and which will not interfere with or endanger any of the Grantee's Drainage Improvements or otherwise interfere with Grantee's rights hereunder.

4. Following installation of the Drainage Improvements, Grantee shall restore or repair the Easement Property to its original condition or as close thereto as possible, except as necessarily modified to accommodate such Drainage Improvements installed by Grantee. Grantee shall additionally repair any damages on said Easement Property or Grantor's adjacent property caused by or arising out of the construction, reconstruction, repair, maintenance, replacement, inspection, survey or removal of the Drainage Improvements whenever same may occur.

5. The rights granted herein shall be possessed and enjoyed by Grantee, its successors and assigns, so long as the Drainage Improvements are maintained and operated by Grantee, its successors or assigns. If Grantee permanently abandons and ceases to use the Easement herein granted, all of Grantee's right, title and interest in the premises shall revert to Granter, and Grantee shall execute such documents as reasonably requested by Granter to clear title to the Easement Property.

6. The Parties hereto agree that neither has made or authorized any agreement with respect to the subject matter of this instrument other than expressly set forth herein, and no oral representation, promise, or consideration different from the terms herein contained shall be binding on either party, or its agents or employees, hereto.

7. Whenever used herein, the singular number shall include the plural, the plural the singular; and the use of any gender shall be applicable to all genders.

8. All of the covenants herein contained shall be binding upon and inure to the benefit of the

Parties hereto, their respective heirs, personal representatives, successors and assigns.

9. Grantee shall be solely responsible for all costs associated with the installation, maintenance, repair, improvement and replacement of the Drainage Improvements. Grantee shall be solely responsible for any damage to persons or property caused by its agents, employees or contractors during any construction, installation, maintenance, repair, improvement or replacement work related to the Improvements.

IN WITNESS WHEREOF, the undersigned have set their hands hereto on the day and year first above written.

GRANTOR: City of Thornton a Colorado home rule municipality

Kevin S. Woods, City Manager

STATE OF COLORADO ) ) ss.

COUNTY OF ADAMS )

The foregoing instrument was acknowledged before me this __ day of ____ _ 2020, by Kevin S. Woods, as City Manager of the City of Thornton, a Colorado home rule municipality.

WITNESS my hand and official seal.

My commission expires: _____ _________ _

NOTARY PUBLIC ATTEST:

Kristen N. Rosenbaum, City Clerk

APPROVED AS TO FORM :

Luis A. Corchado, City Attorney

STATE OF COLORADO ) ) 55.

COUNTY OF ADAMS )

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The foregoing instrument was acknowledged before me this $c)-J\�ay of �JJ.Jc , 2020 by Russell More, as the �-s,oefJ( of R Moore Properties, LLC, a Colorado limited liability company.


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Exhibit B

CONSENT TO EASEMENT

This Consent to Easement ("Consent") is made on June ~ 2020 by and between Chesrown Collision Center, Inc. , a Colorado corporation ("AutoNation Collision"), and R Moore Properties, LLC, a Colorado limited liability company ("Moore Properties"), and is attached to and made a part of that certain Perpetual Drainage Easement Agreement ("New Drainage Easement") made by and between the City of Thornton, a Colorado home rule municipality ("Thornton"), in favor of Moore Properties, to which this Consent is attached.

WHEREAS, AutoNation Collision, with an address of 200 SW 1st Avenue, 14th Floor, Fort Lauderdale, FL 33301, Attention: Real Estate Counsel, as successor-in-interest to the Brannan Sand and Gravel Company, the holder of an easement ("Easement") in, on and over real property (the "Easement Property") as described in that certain document recorded at Reception No. 01159757, Book 4115, Page 211, on July 22, 1993 in the Office of the Clerk and Recorder for Adams County, Colorado (the "Easement Agreement"); and

WHEREAS, the City of Thornton, a Colorado home rule municipality located at 9500 Civic Center Drive, Thornton, CO 80229 ("Thornton"), is the successor-in-interest to Mandalay Irrigation Company under the Easement and the fee simple owner of the Easement Property; and

WHEREAS, Moore Properties, located at 2721 E. 138th Place, Thornton, CO 80602, is requesting that Thornton grant to it an easement for drainage and the construction and maintenance of certain drainage improvements, as set forth in the New Drainage Easement, in, on and over certain property encumbered by the Easement, as described therein; and

WHEREAS, Thornton desires to obtain AutoNation Collision's specific written permission for the granting of the New Drainage Easement; and

WHEREAS, AutoNation Collision is willing to grant its permission, but only if Moore Properties provides certain assurances to AutoNation Collision and agrees to be responsible for any accident, injury or damage arising out of or related to the New Drainage Easement; and

NOW, THEREFORE, in exchange for good and valuable mutual consideration, the receipt and sufficiency of which are acknowledged, subject to the terms contained herein, AutoNation Collision hereby consents to the New Drainage Easement.

1. By virtue of providing its consent, AutoNation Collision: (a) assumes no liability for use, operation or existence of any improvements or modifications made by Moore Properties to the Easement Property; (b) assumes no additional responsibilities or obligations related to the Easement Property; and (c) assumes no liability or responsibility with regard to Moore Properties' future or additional acts or activities related to the New Drainage Easement.

2. AutoNation Collision reserves the right to use and occupy the Easement Property for any purpose consistent with the rights and privileges granted to it in the Easement. Moore Properties shall not interfere with any of such rights, including without limitation, making any improvements or modifications that would interfere with any existing or future improvements or modifications made by AutoNation Collision.

3. The rights and privileges granted to Moore Properties under the New Drainage Easement are subject to prior agreements, licenses and/or grants, recorded or unrecorded, including without limitation, the Easement Agreement, and it shall be Moore Properties' sole responsibility to determine the existence of said documents or conflicting uses or installations. Moore Properties shall not take any action that would cause AutoNation Collision to default under any such prior agreements, licenses and/or grants.

4. Moore Properties shall be solely responsible for all costs associated with the installation, maintenance, repair, improvement and replacement of its improvements or modifications. Moore Properties shall be solely responsible for any damage to persons or property caused by its employees, agents, representatives, contractors and/or invitees during any construction, installation, maintenance, repair, improvement or replacement of its improvements or modifications.

5. Moore Properties shall defend, indemnify and hold harmless AutoNation Collision and its directors, officers, employees, agents, representatives, affiliates, lenders, successors and assigns, from and against any and all liabilities, obligations, losses, damages, injunctions, suits, actions, fines, penalties, claims, demands, costs and expenses of every kind or nature (including without limitation, attorneys' fees) related to: (a) any accident, injury or damage which occurs in the Easement Area; (b) any accident, injury or damage related to Moore Properties' exercise of any rights under the New Drainage Easement; (c) the negligence or willful misconduct of Moore Properties and/or its employees, agents, representatives, contractors and/or invitees; and (d) any failure by Moore Properties to comply with the terms of this Consent.

[The remainder of this page is intentionally left blank. Signatures are on the following page.]

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In witness whereof, AutoNation Collision and Moore Properties have executed this Consent on the as of the day and year first above written

AUTONATION COLLISION:

Chesrown Collision Cen~t:::;e;,:.;r~~--a Colorado corporation

STATE OF FLORIDA ) ) ss.

COUNTY OF BROWARD ) I!..

Subscribed and acknowledged before me this ~J/- day of __ ~_"-II_~ ____ _ 201'0 , by Vv,,//Le. y.J , ..$µ.,,..~•" lJT , as A-.. f/1-r,·1:.~.c.- 41(..#1-t-of Chesrown Collision Center, Inc., a Colorado corporation .


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MOORE PROPERTIES:

R Moore Properties, LLC, a Colorado Ii ted liability company

By: __ """"",c::.._ _______ _ Name: __,ua.,....,o....:,.;i-c..-++-"<!--"'WIU--------

lts: __ ..... Pc~c.s;....,.iz\ ..... 0,..,.,........,,.:t ______ _

Subscribed and acknowledged before me this ZG:, 1"\tday of _::;.a&,-'\ ... )'"'""~-=----

20'.U.2, by R,.,rx)G;LL ~ , as Pli(;"b11.)f'..,J:r:: I CM., >-'fil. of R Moore Properties, LLC, a Colorado limited liability company. •


My com mission expires: ___Jl,L...;~~,.,_;;:O_7-=---....;:-z..o ____ z;.:::..~-=-----+

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;· iv1ArH!EW SHANE HUDSON Notary Public

:,tate of Colorado 1,io1a ry ID# 20194009126

M ,, C r, mmission Expi res 03-07-2023

Meeting Date:

August 25, 2020


10D Consent Calendar _ 1st Reading _ 2nd Reading

Subject: A resolution reserving the City's right to exercise its authority pursuant to Section 30-28-110 of the Colorado Revised Statutes as it relates to the City's application for a Use by Special Review Permit to locate and construct a domestic water pipeline in unincorporated territory of Weld County.

Recommended by: Brett Henry f_B'EJ-{ Approved by: Kevin S. Woods .'.KW

Presenter(s): Mark Koleber, Water Project Director Luis Corchado, City Attorney

SYNOPSIS:


Pursuant to the Weld County Code, the City applied to Weld County for a Use by Special Review Permit (Permit) for location and construction of a domestic water pipeline in unincorporated territory of Weld County, a necessary component of the Thornton Water Project. On July 21, 2020, the Weld County Planning Commission held a hearing to consider the City's Permit application. At the conclusion of the July 21, 2020 hearing, the Planning Commission recommended disapproval of the Permit to the Weld County Board of County Commissioners (BOCC). The Colorado Revised Statutes governing County Planning and Building Codes authorize City Council, as the body having jurisdiction over the authorization and financing of the domestic water pipeline the City seeks to construct, to overrule the Planning Commission's disapproval of the Permit by a majority vote of City Council. City Council believes it is in the City's best interest to reserve City Council's right to exercise the powers granted to the City pursuant to C.R.S. § 30-28-110(1 )(c) to overrule Weld County's disapproval of the City's Permit application. This resolution reserves the City's right to exercise this statutory power as it relates to the City's Permit application pending with Weld County.

RECOMMENDATION:

Staff recommends Alternative No. 1, approval of the resolution reserving the City's right to exercise its authority pursuant to Section 30-28-110 of the Colorado Revised Statutes as it relates to the City's application for a Use by Special Review Permit to locate and construct a domestic water pipeline in unincorporated territory of Weld County.


None.

ALTERNATIVES:

1. Approve the resolution. 2. Do not approve the resolution and wait for the BOCC hearing on the City's Permit application at

which the BOCC will determine whether to accept the Planning Commission's recommendation to disapprove the Permit application.


As part of the Thornton Water Project, the City determined the necessary and appropriate location of portions of the domestic water pipeline through unincorporated territory of Weld County. In May 2019,


the City applied for a Use by Special Review Permit for one of three segments of the pipeline that will run through unincorporated territory of Weld County. At that time, the Weld County Planning Commission recommended approval of the Permit to the Weld County BOCC, but the BOCC directed the City to present all three segments of the pipeline before it would consider the Permit application. The City has obtained, and continues to pursue, the easements and other property rights necessary to proceed with all three segments of the pipeline in Weld County. As such, the City submitted a supplemental Permit application to Weld County that would allow construction of all three segments of the pipeline. On July 21, 2020, the Weld County Planning Commission recommended disapproval of the Permit to the BOCC. Section 30-28-110(1)(c), Colorado Revised Statutes, authorizes City Council, as the body with jurisdiction over the authorization and financing of the pipeline, to overrule the Planning Commission’s disapproval of the Permit, and the attached resolution reserves City Council’s right to exercise this statutory authority.

R E S O L U T I O N A RESOLUTION RESERVING THE CITY’S RIGHT TO EXERCISE ITS AUTHORITY PURSUANT TO SECTION 30-28-110 OF THE COLORADO REVISED STATUTES AS IT RELATES TO THE CITY’S APPLICATION FOR A USE BY SPECIAL REVIEW PERMIT TO LOCATE AND CONSTRUCT A DOMESTIC WATER PIPELINE IN UNINCORPORATED TERRITORY OF WELD COUNTY. WHEREAS, the City’s population is projected to increase from its current population of 144,389 residents (City of Thornton, First Quarter 2020, Population and Housing Inventory Summary estimate) to 242,000 residents by 2065; and WHEREAS, the City has proactively planned for the anticipated population increase to ensure that the City can provide a high-quality, reliable, diverse, and economical water supply to meet the needs of its residents and businesses; and WHEREAS, the City’s existing water system, including an extensive water conservation program, has served to meet municipal and industrial water needs of the City’s current water customers in its service area, as well as to meet existing contractual obligations; and WHEREAS, the City’s existing water supply will allow the City to provide water service up to a population of 159,000 residents. However, beyond 159,000 residents, which the City projects to reach no later than 2025, additional water supplies are needed to ensure reliable water service to the City’s water customers; and WHEREAS, water from the Water Supply and Storage Company (WSSC) system in Northern Colorado was purchased by the City in the mid-1980s from willing sellers and this high quality source has been decreed in Water Court for use in the City, but the City currently lacks the infrastructure necessary to deliver that water to the City; and WHEREAS, through its home rule authority and C.R.S. §§ 31-15-707(1)(b) and 708(1)(a), the City has approved the financing, construction, operation, and maintenance of a water project known as the Thornton Water Project (TWP), a water pipeline that will provide the infrastructure necessary to convey the City-owned WSSC system water from northern Colorado to the City; and

WHEREAS, as part of the TWP, the City has determined that it is necessary, and is in the process of obtaining sufficient property rights, to construct a portion of its domestic water pipeline in unincorporated territory of Weld County; and

WHEREAS, pursuant to C.R.S. §§ 30-28-110(1)(a) and (c) and Weld County Code § 23-2-440, the City applied to Weld County for a Use by Special Review Permit (Permit) to locate and construct a domestic water pipeline in unincorporated territory of Weld County as a necessary component of the TWP; and

2

WHEREAS, after a hearing on July 21, 2020, the Weld County Planning Commission (Planning Commission) recommended disapproval of the Permit application to the Weld County Board of County Commissioners (BOCC); and

WHEREAS, C.R.S. § 30-28-110(1)(c) authorizes the City to overrule the Planning

Commission’s disapproval of the Permit application by a vote of not less than a majority of its entire membership; and

WHEREAS, pursuant to Weld County Code §§ 23-2-490, the BOCC reviews the

Planning Commission’s recommendation and holds a hearing to consider the City’s Permit application; and

WHEREAS, in the spirit of collaboration by following Weld County’s Permit review

and approval process, the City intends to appear for, and participate in, the BOCC’s hearing to consider the City’s Permit application; and

WHEREAS, City Council wishes to make clear that it is reserving its right to

exercise the powers granted to the City pursuant to C.R.S. § 30-28-110(1)(c) until after the BOCC’s hearing, as the BOCC might reject the Planning Commission’s recommendation after seeing the City’s efforts to comply with the BOCC’s requests for the location and extent of the water pipeline.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY

OF THORNTON, COLORADO, AS FOLLOWS:

1. City Council hereby directs the City Manager to:

a. Continue pursuing a Permit to locate and construct a domestic water pipeline in unincorporated territory of Weld County; and

b. Appear before the BOCC at the BOCC’s hearing to consider the City’s

Permit application; and c. Provide a report to City Council regarding the outcome of the hearing.

2. City Council hereby expressly reserves its right to exercise the powers granted to the City pursuant to C.R.S. § 30-28-110(1)(c) as it relates to the City’s Permit application pending with Weld County.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Thornton, Colorado, on , 2020.

3

CITY OF THORNTON, COLORADO Jan Kulmann, Mayor ATTEST: Kristen N. Rosenbaum, City Clerk

Meeting Date:

August 25, 2020


11 A Public Hearings _ 1st Reading _ 2nd Reading

Subject: A resolution approving and authorizing submission of the 2020-2024 Consolidated Plan, which includes the 2020 Annual Action Plan for the use of Community Development Block Grant funding.

Recommended by: Seve Ghose S(j Approved by: Kevin S. Woods XW

Presenter(s): Jaylin Stotler, Community Connections Manager Adam Lyons, Grant and Housing Supervisor

SYNOPSIS:


The purpose of the Public Hearing is to consider approving the submission of the 2020-2024 Consolidated Plan and 2020 Annual Action Plan (AAP) to the U.S. Department of Housing and Urban Development (HUD). The Consolidated Plan is the City's five-year strategic plan for the use of Community Development Block Grant (CDBG) funds. The AAP identifies the projects that the City would like to fund with CDBG this year. The Public Hearing is held pursuant to CDBG regulations, which require the City to hold a 30-day public comment period and a public hearing for the purpose of receiving written and oral comments on the City's Consolidated Plan and AAP (24 Code of Federal Regulations (CFR) Part 91 .105). A draft of the City's Consolidated Plan and AAP has been posted on the City's website since July 23, 2020 and a Notice of Public Comment and Public Hearing was posted in the Northglenn-Thornton Sentinel on July 23, 2020.

RECOMMENDATION:

Staff recommends Alternative No. 1, to approve the submission of the 2020-2024 Consolidated Plan and 2020 AAP to HUD. The Consolidated Plan and AAP are required to receive CDBG funds in 2020. The projects identified in the AAP meet the national objectives of the CDBG program and align with the funding priorities identified in the City's Consolidated Plan.


The City will receive $786,244 of 2020 CDBG funds. Up to $20,000 of the total amount will be used for administration of the grant, which includes cost of ensuring compliance with the regulations, staff training, processing required grant paperwork, and creating reports. The remaining amount will fund projects.

ALTERNATIVES:

1. Approve the resoluction authorizing the submission of the 2020-2024 Consolidated Plan and 2020 AAP to HUD.

2. Request revisions to the 2020-2024 Consolidated Plan prior to approving the resolution and submitting the plan to HUD.


BACKGROUND (ANALYSIS/NEXT STEPS/HISTORY): (includes previous City Council action) Community Development Block Grants are Federal funds appropriated by Congress and dispersed through HUD to entitlement jurisdictions. The City became an entitlement jurisdiction March 1, 2010 and began receiving CDBG funds directly from HUD. CDBG entitlements must develop and submit a Consolidated Plan every five years, an AAP at the beginning of each program year, and a Consolidated Annual Performance and Evaluation Report (CAPER) at the end of each program year. HUD expects entitlements to use the priority needs and goals listed in the Consolidated Plan to select projects for CDBG funding. The projects that the City proposes to fund with 2020 CDBG are described in the AAP. HUD requires entitlement jurisdictions to submit a Consolidated Plan every five years and an AAP each year prior to receiving the CDBG funding (24 CFR § 91.15) and to hold a 30-day comment period followed by a public hearing to obtain the views of citizens on the proposed Consolidated Plan and AAP (24 CFR § 570.431). The public comment period for the Consolidated Plan and AAP runs July 23, 2020 to August 24, 2020. The Public Hearing on the Consolidated Plan and AAP is scheduled for August 25, 2020. The projects proposed in the 2020 Annual Action include: Administration: $20,000

Cost of ensuring compliance with the regulations, staff training, processing required grant paperwork, and creating reports.

Housing Improvement Programs: $100,000 Continuation of the Help for Homes minor home repair program.

Public Facility Improvements: $530,344 Infrastructure improvement in support of affordable housing. Accessibility and Americans with Disabilities Act improvements at City facilities, including

sidewalk installation/upgrades. Public Services: $135,900

Continuation of the City’s homelessness prevention programs in partnership with Maiker Housing Partners and Almost Home.

Domestic violence prevention program in partnership with Intervention, Inc. Historical Background:

April 23, 2020 to May 22, 2020 – The City solicited applications from public service agencies for project proposals for CDBG funding.

July 23, 2020 – Notice of the public comment period and Public Hearing date were posted in the Northglenn-Thornton Sentinel. July 23, 2020 to August 24, 2020 – The City held a 30-day public comment period and posted the draft of the Consolidated Plan and AAP to the Community Connections website.

August 18, 2020 – Staff presented the draft Consolidated Plan and AAP to City Council at the Planning Session.

Colorado Community Media 750 W. Hampden Ave. Suite 225 Englewood, CO 80110

City of Thornton, Parks & Rec. ** Attn: Adam Lyons 2211 Eppinger Blvd. Thornton CO 80229

Description: No. 705597 BLOCK GRANT

AFFIDAVIT OF PUBLICATION

State of Colorado } County of Adams } ss

This Affidavit of Publication for the Northglenn-Thornton Sentinel, a weekly newspaper, printed and published for the County of Adams, State of Colorado, hereby certifies that the attached legal notice was published in said newspaper once in each week, for 1 successive week(s), the last of which publication was made 7/23/2020, and that copies of each number of said paper in which said Public Notice was published were delivered by carriers or transmitted by mail to each of the subscribers of said paper, according to their accustomed mode of business in this office.

For the Northglenn-Thornton Sentinel

State of Colorado } County of Adams } ss

The above Affidavit and Certificate of Publication was subscribed and sworn to before by the above named Gerard Healey, publisher of said newspaper, who is personally known to me to be the identical person in the above certificate on 7/23/2020. Gerard Healey has verified to me that he has adopted an electronic signature to function as his signature on this document.

Carla Bethke Notary Public My commission ends April 11, 2022

CMIAIIIE'IHKE NOWl'f PUBLIC

SDll'EO, COI.ORADO NOrARY 1)20®4QEH

M"t"OOIMSSIONBIPIRESAMl u.aa

...__ CITY OF THORNTON

COlaltltlffYDEVEUJPIEMT 111.0CKGRANT

-:znt CONSCll.lDATED Pl.AN AND TIE 2020 ANIIWIL ACnOII Pl.AN --PUBUC~AN> NOTICE OF PUBUC-

Aug,..t 25. 211211. TP.M.

T---to-..i: (1)Zaam--: ....-~-, --~ (2)--: --.m:N5..SS75511 -= Clty'on--..: -Civtc -Drive. -eo-..---121M177-51112

The City of Thomlan (City) will - • 30-<lay publlc .....- penod begjlnng .kJly 23. 2020 and a pulJlic ~ al 7:00 p.m. m August 25. 2020 lor lhe 2020-2024 ~ Flan -2020 Alnlal Adion Flan (AAPi prilW lo __, lo lhe U.S. lloparmall of 1-b>sing and um., Devok>pmenl (HUD). Tia natica is

·-- lo - .,..,._.,,._ ... for -lying and -...a ...- -.--ling lhe p,-1 2.020-2024 ~ Plan - 21121) N,P. The ee.l50lldaled Plan is lhe City's -.Y,,,,r antagic plan llull - houoing and .........,,_,.,._ __ _ priorllies and goals b lhe City lo - lhosot -- TbeN,PDUllines-lheCity ... _ lhe ........ -aim,anty~dlA"lng lhe 2020 program --'-"" City wll - bantas lo -., "°""'l"Q• c:onwnnty ........,_, ho., ____ public

-. and publlc ~ as - as whal AIISCUC8S an, available ., meet lhe --inlhemnwnnly. ..._ __ The..-.....-ponodulhe~ Plan - N,P _,. rm lnJm ~- MIi 23, 2020 at 8:00am lo -..iay, Aligil5l 24, 2020 at 5 p.m Rosidents a.a - lo ~ a.nmen15..,1,ec1ra11~-.-2020 N,P dlA1ng lliis period. A drall a.py of lhe ~ Plan can be .- crine at _..gm:iat.,.adw.1-.:lo., md print mpia&,

- be - al lhe ~ Colmulily c,,,.-..sw.g.,.tw.c_..-

~- - - - "' <qQTba.-,COguv ..- cal 721H177-6812 if ---1o-a1m11o..--. ..... 11-- lliedrallCor-.ialod PtlPl and Mroal llction Pl-..

-ot...--.g The City of Tharmon • hDld a pulllic ~ .., lhe - ~ Plan - 2020 N,P .., "'9JSI 25. 2020 at 7:00 p.m. via a -..-ting. Top,owlde~uing""'pul,lic '-ing, iagislorin-...at: ...... --.-~WN _7y,,1.B7aw&KWuZdriqWNw. AltM n,gisloring. WolJ wil ,_ a -

-· CDlltlllnlng - - jolnklg lhe rnNlting - Ilia process IDr pavldng leslimany. If - wish lo .....,._ 1nm a

- phone ... cellphone cal -an1 ..-..-ng ID !1115 411155 7550 al llie linm oflhe..-ig. lfy,,uhavea-...Y __ _

- ... -. lo - "' ll"'iidPal& In .... ..-.g, .- rdfy lhe Qy's ADA ~ at 303-536-7245 al - eight (8) hours in adl,ance and &ildl'l)BtietG wil be

, ......... provide -- -TDD access is ...- """91 c-ado Relay al 711.

Para ..... ..-. ............ al 720-9n--5800.

CITY COUNCL OF TIE CITY OF TIIORIII-, C0UJRAD0

Kam w-.. City Manager Allest:KrislenN.-CllyClelt< """""""""1oR>rm:l.usA.~ City AIIDmey

Legal - No. 7115587 F"nl-lian: -Uy 23. 2020 tasa ,,,_, -Uy23. 2020 l'IAlli5tN!r.~,_,-


AFFIDAVIT OF POSTING

PUBLIC NOTICE

State of Colorado ) ) ss.

County of Adams )

I, Lori Leppek, being first duly sworn upon oath depose and say that I did, on July 20, 2020, post the

PUBLIC NOTICE of the City Council of the City of Thornton, Colorado, for the Public Hearing and Request for

Public Comments concerning the City of Thornton Community Development Block Grant 2020-2024

Consolidated Plan and the 2020 Annual Action Plan. The City Council of the City of Thornton will hold a 30-day

public comment period beginning Thursday, July 23, 2020. The hearing will be held at 7:00 p.m. at the August

25, 2020 City Council Meeting, a copy of which posted Notice is attached hereto and posted at the following

locations:

1. Thornton City Hall, 9500 Civic Center Dr.

2. Margaret W. Carpenter Recreation Center, 11151 Colorado Blvd.

3. Thornton Active Adult Center, 9471 Dorothy Blvd.

4. www.ThorntonCO.gov

Signed: Date: ,- \ Q \ \~

st" Subscribed and sworn to before me by Lori Leppek, in the County of Adams, State of Colorado, this 2.[ day of

Jul~ , 202.0.

Notary Public

BRICEIDA ORTEGA QUINTERO NOTARY PUBLIC

STATE OF COLORADO NOTARY ID 20194034204

MY COM~'.~SION EXPIRES SEPTEMBER 06, 2023

My Commission Expires

09 I Ol!J/202 3


CITY OF THORNTON COMMUNITY DEVELOPMENT BLOCK GRANT

2020-2024 CONSOLIDATED PLAN AND THE 2020 ANNUAL ACTION PLAN

REQUEST FOR PUBLIC COMMENTS AND NOTICE OF PUBLIC HEARING August 25, 2020, 7 P.M.

Two Ways to Attend: (1) Zoom Meetings:

https://thorntonco.zoom.us/webinar/register/WN_7yvLB78mSaKWuZcbnfqWNw (2) Phone/Landline:

669-900-6833 Meeting ID: 985 4055 7550

Name: City of Thornton Address: 9500 Civic Center Drive, Thornton, Colorado 80229-4326 Phone: 720-977-5812 The City of Thornton (City) will hold a 30-day public comment period beginning July 23, 2020 and a public hearing at 7:00 p.m. on August 25, 2020 for the 2020-2024 Consolidated Plan and 2020 Annual Action Plan (AAP), prior to submission to the U.S. Department of Housing and Urban Development (HUD). This notice is intended to meet procedural requirements for notifying and obtaining public comments regarding the proposed 2020-2024 Consolidated Plan and 2020 AAP. The Consolidated Plan is the City’s five-year strategic plan that identifies housing and community development needs and sets priorities and goals for the City to address those issues. The AAP outlines how the City will meet the housing and community development needs during the 2020 program year and how the City will address barriers to affordable housing, community development, homelessness, public services, and public participation, as well as what resources are available to meet the underserved needs in the community. Public Comment Period The public comment period for the Consolidated Plan and AAP will run from Thursday, July 23, 2020 at 8:00am to Monday, August 24, 2020 at 5 p.m. Residents are welcome to provide comments on the draft Consolidated Plan and 2020 AAP during this period. A draft copy of the Consolidated Plan can be viewed online at www.gocot.net/connections, and print copies will be available at the Thornton Community Center and Margaret W. Carpenter Recreation Center. Please send comments to [email protected] or call 720-977-5812 if you would like to schedule a time to speak with a staff member about the draft Consolidated Plan and Annual Action Plan.


https://thorntonco.zoom.us/webinar/register/WN_7yvLB78mSaKWuZcbnfqWNw

http://www.gocot.net/connections,

Notice of Public Hearing The City of Thornton will hold a public hearing on the draft Consolidated Plan and 2020 AAP on August 25, 2020 at 7:00 p.m. via a virtual meeting. To provide testimony during the public hearing, register in advance at: https://thorntonco.zoom.us/webinar/register/WN_7yvLB78mSaKWuZcbnfqWNw. After registering, you will receive a confirmation email containing information about joining the meeting and the process for providing testimony. If you wish to participate from a landline phone or cellphone call 669-900-6833 and enter meeting ID 985 4055 7550 at the time of the meeting. If you have a disability and need reasonable accommodation to attend or participate in the meeting, please notify the City's ADA Coordinator at 303-538-7245 at least eight (8) hours in advance and arrangements will be made to provide reasonable accommodation. TDD access is available through Colorado Relay at 711. Para más información, comuníquese al 720-977-5800. CITY COUNCIL OF THE CITY OF THORNTON, COLORADO Kevin Woods, City Manager Attest: Kristen N. Rosenbaum, City Clerk Approved as to Form: Luis A. Corchado, City Attorney Published: July 23, 2020


https://thorntonco.zoom.us/webinar/register/WN_7yvLB78mSaKWuZcbnfqWNw

2020-2024 Consolidated Plan and 2020 Annual Action Plan

Executive Summary

Full document located at https://www.thorntonco.gov/community-connections/Pages/CDBG.aspx

1. Introduction

The City of Thornton became a Community Development Block Grant (CDBG) entitlement jurisdiction in 2010 and is eligible to receive Federal CDBG funds each year. This grant is designed to provide for the needs of low- and moderate-income families through the support of housing, economic development, public facility and infrastructure projects, and public service programs.

The U.S. Department of Housing and Urban Development (HUD) requires entitlement jurisdictions to submit a long-term strategic plan every five years; it is called the Consolidated Plan. This plan identifies the community’s housing and development needs, funding priorities, goals, and objectives. It also provides strategies for achieving those goals and stipulates how Federal funds will be allocated to housing and community development activities. It contains four parts:

An analysis of demographic and economic conditions in the City; A review of housing conditions and affordability; A list of housing and community development needs as identified by the public;

and An Annual Action Plan which includes the projects the entitlement jurisdiction

desires to fund in the following year and the actions that will be taken to address homelessness, overcome barriers to affordable housing, increase residents' ability to be self-sufficient, and further fair housing.

As a CDBG entitlement jurisdiction and participating grantee of Home Investment Partnerships Program (HOME) funds through the Adams County HOME Consortium, Thornton and Westminster are considered ‘participating grantees’. Adams County is considered the ‘lead grantee’ and is responsible for submitting the final collaborative plan on behalf of Adams County, Westminster, and Thornton. Each entity is responsible for completing specific sections of the Plan.

To develop Thornton’s sections of the Consolidated Plan, Thornton hired Western Economic Services, LLC to collect and analyze demographics, economic conditions, and information on housing in Thornton. All the qualitative and quantitative housing data was packaged into Thornton’s 2019 Housing Needs Assessment, which includes the Analysis of Impediments to Fair Housing Choice, and is posted at

• Ci y o Thornton


https://www.thorntonco.gov/community-connections/Documents/grant-resources/2019-hna-ai.pdf. In addition, Thornton staff coordinated an extensive public input process to identify and prioritize the needs of the low-income population.

This section of the 2020-2024 Consolidated Plan was prepared in accordance with 24 Code of Federal Regulations Part 91. In addition, staff used “A Desk Guide for Using IDIS to Prepare the Consolidated Plan, Annual Action Plan and CAPER/PER” document provided by HUD to assist in completing the content of this plan. City staff followed the public input process identified in the Citizen Participation Plan to meet HUD’s public input requirements.

2. Summary of the objectives and outcomes identified in the Plan Needs Assessment Overview

Through community and stakeholder input and completion of the Housing Needs Assessment and Analysis of Impediments to Fair Housing Choice, Thornton has identified five priority needs and six goals for the five-year Consolidated Plan period. A list of needs and goals identified in the strategic plan appear below. Priority needs are described in detail in Section SP-25 of this Plan, and goals, including expected outcomes, are described in detail in Section SP-45.

Priority Needs Goals Create and preserve housing affordability, accessibility, and quality

Increase and retain affordable units

Foster equitable access to City and neighborhood amenities and services

Improve existing owner-occupied units

Assist people who are experiencing homelessness and at-risk of homelessness

Expand home ownership opportunities

Assist populations with special needs Provide homeless prevention and supportive services

Affirmatively further fair housing choice Provide improvements to public facilities Provide increased public services

3. Evaluation of past performance

Thornton identified four goal categories through its 2015-2019 Consolidated Planning process. These categories were: Affordable Housing, Public Facilities and Infrastructure, Public Services including Homeless and Non-Homeless Special Needs, and Economic Development. Each Consolidated Plan covers five Program Years. Thornton recently completed the fifth Program Year of the 2015-2019 Consolidated Plan period, which ended on June 30, 2020. Some highlighted outcomes from program years one through five include:


Affordable Housing: 1,003 households have been assisted through direct homebuyer assistance, single-family homeownership repairs, multi-family development and/or rehabilitation, and homeowner energy efficiency upgrades.

Public Facilities and Infrastructure: 64,366 persons have been assisted through public facility and infrastructure improvements. These improvements, all in low- to moderate-income areas, include sewer/water installation, streetscape improvements, health facility upgrades, a facility for abused and neglected children, and drainage infrastructure.

Public Services: 1,813 persons were assisted through public services including homelessness prevention and supportive services to seniors.

4. Summary of citizen participation process and consultation process

HUD requires entitlement jurisdictions to provide opportunities for citizen participation in developing the Consolidated Plan. Citizen participation efforts that guided the development of the 2020-2024 Consolidated Plan included community listening sessions, a resident survey, the Housing Needs Assessment, stakeholder consultations, one public hearing, and a 30-day public comment period for the Draft Consolidated Plan, Annual Action Plan, and Analysis of Impediments to Fair Housing Choice. The consultation and citizen participation processes are described in detail in Sections PR-10 and PR-15 of this Plan.

5. Summary of public comments

Thornton will hold a 30-day public comment period from July 23 to August 24, 2020. After the conclusion of the public comment period, Thornton will hold a public hearing on August 25. A notice of the public comment period and public hearing was published in the Northglenn-Thornton Sentinel on July 23, which provided residents with information on how to submit comments to the draft Consolidated Plan and 2020 Annual Action Plan, as well was instructions on how to participate in the Public Hearing. All public comments and staff responses will be provided to HUD with the submission of this Plan.

6. Summary of comments or views not accepted and the reasons for not accepting them

All comments received during plan development and during the draft plan public comment period will be accepted and taken into consideration in developing the final Consolidated Plan.

7. Summary

Thornton's 2020-2024 Consolidated Plan identifies housing and community development needs, analyzes market conditions, and provides a framework for making


data-driven, place-based investment decisions for utilizing CDBG funds. Thornton’s HUD entitlement CDBG funding allocations for Program Year 2020 and projected allocations for the five-year Consolidated Plan period are described in SP-35. It should be noted that entitlement-funding allocations vary from year to year, so the estimated five-year allocation is solely based on the allocation for the first program year.

The 2020 Annual Action Plan outlines the proposed projects that the City will undertake to address the needs and meet the goals of the Consolidated Plan in the first year of funding. Those projects include:

Administration: $20,000 Cost of ensuring compliance with the regulations, staff training, processing

required grant paperwork, and creating reports. Housing Improvement Programs: $100,000

Continuation of the Help for Homes minor home repair program. Public Facility Improvements: $530,344

Infrastructure improvement in support of affordable housing. Accessibility and Americans with Disabilities Act improvements at City facilities,

including sidewalk installation/upgrades. Public Services: $135,900

Continuation of the City’s homelessness prevention programs in partnership with Maiker Housing Partners and Almost Home

Domestic violence prevention program in partnership with Intervention, Inc.


R E S O L U T I O N A RESOLUTION APPROVING AND AUTHORIZING SUBMISSION OF THE 2020-2024 CONSOLIDATED PLAN, WHICH INCLUDES THE 2020 ANNUAL ACTION PLAN FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING. WHEREAS, the City became an entitlement jurisdiction in March 2010 and receives Community Development Block Grant (CDBG) funds directly from the U.S. Department of Housing and Urban Development (HUD); and

WHEREAS, HUD requires all entitlement jurisdictions to submit a Consolidated Plan and Annual Action Plan in order to receive CDBG funding; and

WHEREAS, the Consolidated Plan and Annual Action Plan were prepared in

accordance with the applicable sections of 24 Code of Federal Regulation Part 91; and WHEREAS, the 2020-2024 Consolidated Plan will be effective for a five-year

time period beginning on July 1, 2020; and

WHEREAS, the City will use the funds towards eligible activities that meet the national objectives of the CDBG program and support the funding priority activities as outlined in the City’s Consolidated Plan; and

WHEREAS, pursuant to the CDBG Citizen Participation Plan and the Code of Federal Regulations, the City conducted public notification and outreach and held a 30-day public comment period prior to the Public Hearing and posted notice of the public comment period for the Consolidated Plan and Annual Action Plan in the Northglenn-Thornton Sentinel and on the City’s website for 30 days; and

WHEREAS, on August 25, 2020, the City Council conducted a public hearing;

considered the matters presented; and reviewed and approved the Consolidated Plan and Annual Action Plan, including all projects and activities identified in the 2020 Annual Action Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THORNTON, COLORADO, AS FOLLOWS:

1. That the City Council hereby approves the submission of the 2020-2024 Consolidated Plan to HUD.

2. That the City Council hereby approves the submission of the 2020 Annual

Action Plan to HUD. 3. That the City Manager is hereby authorized to execute, and the City Clerk

to attest, and submit the 2020-2024 Consolidated Plan and 2020 Annual Action Plan to HUD.

2

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Thornton, Colorado, on _________________, 2020. CITY OF THORNTON, COLORADO Jan Kulmann, Mayor ATTEST: Kristen N. Rosenbaum, City Clerk

COUNCIL COMMUNICATION Meeting Date: Agenda Item: Agenda Location: Goal(s): Legal Review:

August 25, 2020 11 B Public Hearings ~~ _ 1st Reading _ 2nd Reading

-Subject: A motion continuing the Public Hearing for a Rezoning of approximately 12 acres of land located southwest of East 143rd Place and Grant Street from Regional Commercial to Planned Development, including an Overall Development Plan/Conceptual Site Plan and Planned Development Standards for a mixed-use development (Caliber at The Grove).

Recommended by: Jeff Coder ]'BC Approved by: Kevin S. Woods XW Ordinance previously

Presenter(s): Grant Penland, Planning Director introduced by:

SYNOPSIS:

A Public Hearing is scheduled for August 25, 2020 for a proposed Rezoning and associated Overall Development Plan/Conceptual Site Plan (ODP/CSP) for a mixed-use project known as Caliber at The Grove.

City staff recommends a continuance of the Public Hearing to allow for further discussion with the applicant related to availability of City infrastructure required to serve the proposed development and to consider any conditions that may be incorporated into the project to ensure adequate City services are provided.

RECOMMENDATION:

Staff recommends that City Council approve a motion to continue the Public Hearing to September 22, 2020.


None.

ALTERNATIVES:

1. Continue the Public Hearing. 2. Conduct the Public Hearing, and:

a. Approve the Rezoning, ODP/CSP, and Planned Development (PD) Standards. b. Deny the Rezoning , ODP/CSP, and PD Standards. c. Revise the Rezoning , ODP/CSP, and PD Standards in response to specific Council direction.


The ODP/CSP proposes a vertical mixed-use building at the north end of the site with approximately 30,000 square feet of ground-floor retail space and three stories of apartment units above. Two additional four-story multifamily apartment buildings are proposed along with a clubhouse, outdoor pool, pedestrian gathering areas, and other amenities. A total of 222 apartment units are anticipated. Specific development on Lot 3 is to be determined and will consist of non-residential land use(s).

COUNCIL COMMUNICATION Meeting Date: Agenda Item: Agenda Location: Goal(s):

~ August 25, 2020 12A Action Items _2L 1s1 Reading -- 2nd Reading

Subject: An ordinance adopting the third amendment to the 2020 Budget amending section one of Ordinance 3542, making appropriations for the City of Thornton, Colorado for the fiscal year 2020 for all funds except that appropriations for certain individual projects shall not lapse at year end but continue until the project is completed or cancelled (Community Development Block Grant, park at 88th Avenue and Huron Street, Springvale Trail , and water meter replacement) .

Recommended by: Robb Kolstad 'RX Approved by: Kevin S. Woods XW Ordinance previously

Presenter(s): Erika Senna, Budget Manager introduced by:

SYNOPSIS:

This ordinance is for the third amendment to the 2020 Budget and authorizes funding for the 2020 Community Development Block Grant (CDBG) Annual Action Plan, additional design and construction costs for the park located at 88th Avenue and Huron Street, construction of Springvale Trail, and funding for the Water and Energy Efficiency Grant.

RECOMMENDATION:

Staff recommends Alternative No. 1, approval of the ordinance amending the 2020 Budget.

The 2020 Budget, which authorizes expenditures of $334,884,530, is proposed to increase by $2,807,968. The amended Budget will be $337,692,498 and accomplish the following :

1. Appropriate $286,244 in the Governmental Capital Fund to provide funding for the 2020 CDBG Annual Action Plan programming including : housing improvement programs, accessibility and Americans with Disabilities Act improvements at City facilities, continuation of the City's homelessness prevention program, and a domestic violence prevention program.

2. Appropriate $776,124 in the Parks and Open Space Fund to cover additional design and construction costs for the park located at 88th Avenue and Huron Street.

3. Appropriate $145,600 in the Open Space Fund to construct Springvale Trail. 4. Appropriate $1,600,000 in the Water Fund to cover replacement water meters for Thornton

Water customers. The current water meters measure usage by every 1,000 gallons, whereas the new meters will measure at every tenth of a gallon. This meter replacement program will integrate into the City's new advanced metering infrastructure (AMI) , providing each Thornton Water customer with a dashboard where they can view real time water usage.


Funding for the 2020 CDBG programming will come from the U.S. Department of Housing and Urban Development (HUD) through the Community Development Block Grant awarded summer of 2020.

Funding for the additional design and construction costs associated with the park located at 88th

Avenue and Huron Street will come from an Adams County Open Space grant awarded summer of 2020.

COUNCIL COMMUNICATION PAGE 2 Funding for the construction costs for Springvale Trail will come from an Adams County Open Space grant awarded summer of 2020. Funding for the new water meters will come from the United States Department of the Interior, Bureau of Reclamation Water and Energy Efficiency Grant awarded to the City in late 2019 in the amount of $1,500,000; the remainder of the cost will be covered by fund balance. ALTERNATIVES: 1. Approve the ordinance amending the 2020 Budget. 2. Do not approve the ordinance amending the 2020 Budget. BACKGROUND (ANALYSIS/NEXT STEPS/HISTORY): (includes previous City Council action) City Council approved Ordinance 3542 making appropriations for the 2020 Budget on September 24, 2019. City Council approved Ordinance 3553 on second reading adopting the first amendment to the 2020 Budget on April 14, 2020. City Council approved Ordinance 3556 on second reading adopting the second amendment to the 2020 Budget on May 26, 2020.

INTRODUCED BY:

AN ORDINANCE ADOPTING THE THIRD AMENDMENT TO THE 2020 BUDGET AMENDING SECTION ONE OF ORDINANCE 3542, MAKING APPROPRIATIONS FOR THE CITY OF THORNTON, COLORADO FOR THE FISCAL YEAR 2020 FOR ALL FUNDS EXCEPT THAT APPROPRIATIONS FOR CERTAIN INDIVIDUAL PROJECTS SHALL NOT LAPSE AT YEAR END BUT CONTINUE UNTIL THE PROJECT IS COMPLETED OR CANCELLED (COMMUNITY DEVELOPMENT BLOCK GRANT, PARK AT 88th AVENUE AND HURON STREET, SPRINGVALE TRAIL, AND WATER METER REPLACEMENT).

WHEREAS, the City Council is required to adopt a budget for fiscal year 2020; and

WHEREAS, the City Council adopted a budget for fiscal year 2020; and

WHEREAS, on April 14, 2020, the City Council adopted a First Amendment to the Budget for the fiscal year 2020 and appropriated additional funds; and

WHEREAS, on May 26, 2020, the City Council adopted a Second Amendment the Budget for fiscal year 2020 and appropriated additional funds; and

WHEREAS, the City Council desires to adopt a third amendment to the Budget for fiscal year 2020 and appropriate additional funds.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THORNTON, COLORADO, AS FOLLOWS:

1. That Section 1 of Ordinance 3542 is hereby amended as follows:

Fund 2020 Amended

Budget Change

2020 Third Amended Budget

General Governmental Funds General Fund $148,200,152 $- $148,200,152 Governmental Capital Fund 48,399,929 286,244 48,686,173

Subtotal $196,600,081 $286,244 $196,886,325 Internal Service Funds Risk Management Fund $6,310,749 $- $6,310,749

Subtotal $6,310,749 $- $6,310,749 Special Revenue Funds Adams County Road and Bridge $2,823,710 $- $2,823,710 Adams County Open Space 906,000 - 906,000 Conservation Trust 1,197,674 - 1,197,674 Parks - - - Open Space 2,628,869 145,600 2,774,469 Parks and Open Space $8,369,206 776,124 $9,145,330 Cash In Lieu 559,116 - 559,116

Subtotal $16,484,575 $921,724 $17,406,299 Enterprise Funds Water Fund $79,223,749 $1,600,000 $80,823,749 Sewer Fund 19,226,343 - 19,226,343 Environmental Services Fund 7,322,154 - 7,322,154 Storm Water Fund 9,716,879 - 9,716,879

Subtotal $115,489,125 $1,600,000 $117,089,125 Total All Funds $334,884,530 $2,807,968 $337,692,498

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2. That there is hereby appropriated for the provision of services and capital projects for the City for the fiscal year beginning January 1, 2020 and ending December 31, 2020 the additional amount of $2,807,968.

3. That appropriations for individual capital projects in the above mentioned

funds for fiscal year 2020 shall not lapse at year end but continue until the project is completed or cancelled.

4. If any portion of this ordinance is held to be unconstitutional or invalid for any

reason, such decision shall not affect the constitutionality or validity of the remaining portions of this ordinance. City Council hereby declares that it would have passed this ordinance and each part hereof irrespective of the fact that any one part be declared unconstitutional or invalid.

5. All other ordinances or portions thereof inconsistent or conflicting with this

ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict.

6. The repeal or amendment of any provision of the Code by this ordinance shall

not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purpose of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions.

7. This ordinance shall take effect upon final passage.

INTRODUCED, READ, PASSED on first reading, ordered posted in full, and title ordered published by the City Council of the City of Thornton, Colorado, on , 2020. PASSED AND ADOPTED on second and final reading on , 2020. CITY OF THORNTON, COLORADO Jan Kulmann, Mayor ATTEST: Kristen N. Rosenbaum, City Clerk THIS ORDINANCE IS ON FILE IN THE CITY CLERK’S OFFICE FOR PUBLIC INSPECTION.

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APPROVED AS TO LEGAL FORM: Luis A. Corchado, City Attorney PUBLICATION: Posted at City Hall, Margaret W. Carpenter Recreation Center, and Thornton Active Adult Center after first and second readings. Published on the City’s official website after first reading on , 2020 and after second and final reading on , 2020.