A G E N D A

Delta City Council August 20, 2019 Regular Meeting 7:00 p.m. Page 1 of 2

A. Pledge of Allegiance

B. Changes to the Agenda

C. Minutes

D. Citizen Comments

E. Consideration of Donation Request for a New Blood Mobile

F. Consideration to Approve a Letter of Support for HopeWest’s Reapplication as an Enterprise Zone Contribution Project

G. Consideration to Approve the Bond Counsel for the Advanced Refunding of Series 2010B Truck Route Bonds

H. Consideration to Approve Bond Underwriter for the Advanced Refunding of Series 2010B Truck Route Bonds

I. Consideration to Approve a Street Closure Permit for the City of Delta Car Show and Speed Event

J. Resolution #17, 2019; Approval to Submit a Great Outdoors Colorado Grant Application for Cleland Park Playground Improvements

K. Resolution #18, 2019; Setting Ballot Language for the November 5, 2019 Coordinated Election

L. Consideration of Final Plat Approval for Stone Mountain Village, Filing No. 4

M. Consideration of Letter of Consent for US 50/SH 92 Intersection Improvement Project

N. Consideration of Letter of Inquiry to DOLA for Possible Grant Application for a Solar PV Array

A G E N D A (cont.)

Delta City Council August 20, 2019 Regular Meeting 7:00 p.m. Page 2 of 2

O. Consideration to Approval of the Sanchez Quit Claim Deed

P. City Attorney Comments

Q. City Manager Comments

R. Councilmember Comments

S. Executive Session For discussion of a personnel matter under CRS Section 24-6-402(4)(f) and not involving: any specific employees who have requested discussion of the matter in open session; any member of this body or any elected official; the appointment of any person to fill an office of this body or of an elected official; or personnel policies that do not require the discussion of matters personal to particular employees.

Item A:

Pledge of Allegiance

Item B:

Changes to the Agenda

Regular Meeting Delta City Council August 6, 2019

Mayor Ron Austin called the meeting to order at 7:00 p.m. Also present were Councilmembers Nathan Clay, Kevin Carlson and Christopher Ryan, along with City Manager David Torgler. Absent was Councilmember Gerald Roberts. A meeting notice was posted in the south window at City Hall at least twenty-four hours prior to the meeting.

Pledge of Allegiance

The Mayor led everyone present in the Pledge of Allegiance.

Changes to the Agenda

There were none.

Minutes

It was moved by Councilmember Clay and seconded by Councilmember Carlson to approve the minutes of the July 16, 2019 Regular Meeting and the July 18, 2019 Special Meeting, as submitted by the Clerk. All in favor, motion carried.

Citizen Comments

There were none.

Consideration to Approve the Intergovernmental Agreement with the Delta County Clerk and Recorder for the November 2019 Election

City Clerk Jolene Nelson stated that this is the Intergovernmental Agreement with the Delta County Clerk and Recorder for the November 5, 2019 Election. There are no changes to the agreement since the last election. She reported the estimated cost of the election is $5,780.

It was moved by Councilmember Ryan and seconded by Councilmember Clay to approve the Intergovernmental Agreement with the Delta County Clerk and Recorder for the November 2019 Election. All in favor, motion carried.

Ordinance #8, 2019 First Reading Black Hills Franchise Agreement

City Manager David Torgler explained that the franchise agreement with Black Hills Energy is expiring this year. The City Attorney previously advised the Council the process for a new agreement. This ordinance is part of the process. Should there be any changes to the ordinance, it will be done before the second reading.

Ordinance No. 8, 2019

An Ordinance granting Black Hills/Colorado Gas Utility Company, LP d/b/a Black Hills Energy, its lessees, successors and assigns, a natural gas franchise and the authority to construct, operate, maintain, and extend a natural gas distribution plant and system, Regular Meeting, Delta City Council, August 6, 2019 (Cont.)

Ordinance #8, 2019 First Reading (cont.) Black Hills Franchise Agreement

and granting the right to use the streets, alleys, and other public places within the present or future corporate limits of the City of Delta, Colorado. was read by the Clerk.

Councilmember Ryan questioned the energy supply.

Manager Torgler responded if Black Hills Energy is unable to supply enough gas due to acts beyond their control, Black Hills Energy has right to allocate service to customers or protected customers.

It was moved by Councilmember Clay and seconded by Councilmember Carlson to adopt Ordinance #8, 2019 on first reading. Roll call: Councilmembers Ryan, aye; Clay, aye; Carlson, aye and Austin, aye. Motion carried.

Consideration to Appoint a Councilmember to a Regional Water Group

City Manager David Torgler stated the Regional Water Group is inviting the City of Delta to have a representative on their board. At this time, there is no further information regarding the group.

It was moved by Councilmember Carlson and seconded by Councilmember Ryan to appoint Nathan Clay to the Regional Water Group and Ron Austin as the alternate. All in favor, motion carried.

City Attorney Comments

There were none.

City Manager Comments

Chief of Police Luke Fedler provided an update on various grants the police department has submitted.

Public Works and Utilities Director Betsy Suerth reported on various projects within her departments.

Parks, Recreation and Golf Director Wilma Erven stated that the Bill Heddles Recreation Center will be closing the pool one day a week due to shortage of lifeguards. The closings will be on Thursdays staring on August 22, 2019. She also reported that it is becoming difficult to employ part time employees within her departments.

City Manager David Torgler reported on two heavy rainstorms in Delta. He thanked the staff for their outstanding responses. Staff is continuing to clean up some areas that were affected by the storms.

Regular Meeting, Delta City Council, August 6, 2019 (Cont.)

Councilmember Comments

Councilmember Clay and Mayor Austin commented on Deltarado Days stating that it was a successful event this year.

Councilmember Ryan commented on the Business After Hours event that the City hosted at the recreation center.

Executive Session

It was moved by Councilmember Clay and seconded by Councilmember Ryan to convene an Executive Session for discussion of a personnel matter under CRS Section 24-6-402(4)(f) and not involving: any specific employees who have requested discussion of the matter in open session; any member of this body or any elected official; the appointment of any person to fill an office of this body or of an elected official; or personnel policies that do not require the discussion of matters personal to particular employees. All in favor, motion carried.

At 7:52 p.m., the Regular Meeting was recessed. The Executive Session was convened a short time later.

At 10:00 p.m., the Mayor reconvened the Regular Meeting and announced that the Executive Session had been concluded. He stated that in addition to himself, the participants in the Executive Session were Councilmembers Christopher Ryan, Kevin Carlson, and Nathan Clay along with Human Resources Director Kathy Drayer. For the record, the Mayor asked any person participating in the Executive Session who believed that any substantial discussion of any matters not included in the motion to go into Executive Session occurred during the Executive Session in violation of the Open Meetings Law, to state his or her concerns for the record. No concerns were stated.

The meeting was immediately adjourned.

Wendy Montano, City Clerk Assistant

Item D:

Citizen Comments

Join our campaign for We’re Celebrating our 50th $50,000 Birthday this year! 50 YEARS

Join our observance by Why we’re supporting a new blood bus for helping fund a new St. Mary’s:

St. Mary’s Regional Blood Center St. Mary’s Blood Mobile serves communities all over Western Colorado from Aspen to Telluride and into Eastern Utah.

ProSpace+ is turning 50 this year and The current Blood Mobile is over a instead of throwing parties we are decade old and nearing 200,000 miles on the odometer. asking your aid in raising $50,000 for the St. Mary’s Blood Mobile. In the past 18 months, the Blood Mobile has made over 500 visits in communities served, but had to ProSpace+ will proudly match up cancel 20 drives due to maintenance issues. to 20% of any Customer This is a critical component of Donation! health care for all of us! Feel free to circulate this among your employees as we will do the 20% match on individual donations also. TO DONATE: BY CHECK: Make it out to: St Mary’s Hospital Foundation, c/o PO Box 1628 Grand Junction, CO 81502 and notate: “ProSpace 50th” BY CREDIT CARD: Call 970-298-1954 or visit https://www.sclhealth.org/locations/st-marys- medical-center-foundation/donate/ and mention “ProSpace 50th”

August 20, 2019 TO: Mayor and City Council FROM: David Torgler, City Manager RE: Letter of Support – HopeWest reapplication as an Enterprise Zone Contribution Project Background:

On August 7, 2019 HopeWest wrote and asked for the City Council to provide their organization with a letter of support for their reapplication as an Enterprise Zone Contribution Project. HopeWest is included in the Region 10 EZ organization (please see the attached list of Region 10 EZ organizations). To be considered for approval the projects must align with the economic development plan, have support from their community and receive approval of the local EZ Administrator.

Colorado taxpayers may earn Colorado income tax credits by contributing to targeted efforts such as HopeWest.

Cost to City:

There is no cost to the City of Delta.

Recommendation:

To consider a motion authorizing the Mayor to submit a Letter of Support for HopeWest’s reapplication as an Enterprise Zone Contribution Project.

August 20, 2019

Colorado Economic Development Commission Office of Economic Development and International Trade 1600 Broadway, Suite 2500 Denver, Colorado 80202

RE: Letter of Support for the HopeWest Enterprise Zone in Delta County

To Whom It May Concern:

This letter is written in support of HopeWest’s reapplication for Enterprise Zone status in Region 10. The City of Delta’s City Council supports this reapplication and sincerely encourages support from the Colorado Economic Development Commission.

Enterprise Zones are intended to promote a business-friendly environment in economically distressed areas by offering tax credits that helps business locate and develop in, and nonprofit organizations to assist with the needs of, these communities. The investment result on tax revenue for school districts, cities, counties, and the state is outweighing the costs of the tax generated. HopeWest benefits from the Enterprise Zone status and encourages donors to give generously.

About HopeWest:

In 1993, HopeWest began with passion, vision and one employee. The organization was formed by an unusual collaboration of three competing hospitals, St. Mary’s, Community and Family Health West, a local insurance company, Rocky Mountain Health Plans, Hilltop Community Resources and the VA Medical Center who gave them their first office. These founding organizations were visionary and loaning expertise to make HopeWest a reality. The goal was to serve people who were aging, seriously ill, and grieving in Western Colorado without duplication of services and with broad access to services despite their ability to pay.

HopeWest began with 81 patients and their families in and around Grand Junction. Today they serve 1800 each year, 300 palliative care patients and grief service to 1500 people spanning 9,000 square miles through five offices and The HopeWest Hospice Care Center. The dream of bringing Hospice to the Western Slope allows residents to use their Medicare benefit, here close to home, if they are expected to live six months or less.

In 26 years, HopeWest has taken care of more than 25,000 hospice patient and their families. Despite headwinds like low reimbursement and vast geographic logistics, philanthropy enables HopeWest to take root in multiple locations despite a lack of available care. HopeWest relies on fundraising, some two million dollars a year, to offset operational costs.

Thank you for your consideration to approve HopeWest’s reapplication for Enterprise Zone designation.

On Behalf of Delta’s City Council,

Ron Austin Mayor

COLORADO SPRINGS PHILHARMONIC Colorado Springs Philharmonic Orchestra ORCHESTRA csphilharmonic.org/ Catherine Creppon 7195759632 Care And Share Food Bank For Southern Colorado- El Paso County Care and Share, Inc. www.careandshare.org Stacy Poore 7194344679 Catholic Charities of Central Marian House Colorado/Marian House www.ccharitiescc.org Sarah Tremmel 7198666440 Springs Rescue Mission Homeless Springs Rescue Mission Homeless springsrescuemission.org Matthew Stickel 7193142384 Pueblo EZ Pueblo Riverwalk Improvements and Activities Historic Arkansas Riverwalk of Pueblo http://www.puebloriverwalk.org/ Lynn Clark 719-595-0242 250 El Pueblo History Museum Heritage and Agritourism History Colorado - El Pueblo History Museum ElPuebloHistoryMuseum.org Eric Carpio (719) 379-3512 Expansion And Renovation Of Bargain Box Thrift Shop Assistance League Of Pueblo www.assistanceleagueofpueblo.org Carol King (719) 562-9688 250 Pueblo Heritage Museum Southeastern Colorado Heritage Center www.theheritagecenter.us Fran Reed 7192951517 250 Pueblo Arts Alliance PUEBLO PERFORMING ARTS GUILD www.puebloarts.org Brandie Brown 7192426652 250

Food Program-Dress To Succeed Program Pueblo Cooperative Care Center www.cooperativecare.org Stephanie Walker 7195437484 250 Care And Share Food Bank For Southern Colorado--Pueblo County Care and Share, Inc. www.careandshare.org Allan Siracusa (719) 434-4680 250 Catholic Charities Diocese Of Pueblo Catholic Charities Diocese Of Pueblo pueblocharities.org Emily Sanchez (719) 583-8613 250 Steelworks Center Of The West BESSEMER HISTORICAL SOCIETY, INC www.steelworkscenter.org Karen Cordova 7195649086 250 Pueblo Weisbrod Aircraft Museum Pueblo Historical Aircraft Society www.phas.org Dennis Murphy 7199489219 Pueblo Symphony Project PUEBLO SYMPHONY ASSOCIATION INC www.pueblosymphony.com Georgia Alfonso 7195457967 250 Vocational Training at Pueblo Community PUEBLO COMMUNITY COLLEGE College FOUNDATION http://puebloccfoundation.org/ Martha Simmons 719-544-0677 250 Pueblo Test Project Pueblo EZ www.pueblocounty.us Susan Fries 7195836321 250 PEDCO Retention and Expansion Pueblo Economic Development Corp pedco.org CRYSTAL LUCERO 7195442000 250 Posada Posada www.PosadaPueblo.org Lili Avalos 7195458776 250 Pueblo Library Capital Projects Pueblo City County Library District www.pueblolibrary.org Gloria Madrill (719) 553-0221 250 Occhiato University Center And Colorado State University - Pueblo Soccer/Lacrosse Complex Foundation www.csupueblofoundation.org Susie Pagnotta (719) 549-2682 250 Pueblo Zoo Improvements Pueblo Zoo www.pueblozoo.org Karen Muniz 7195611452 250 Pueblo Diversified Industries Pueblo Diversified Industries www.pdipueblo.org Susan Parker (719) 564-0000 250

Sangre de Cristo Arts Center SANGRE DE CRISTO ARTS&CONF CTR INC www.sdc-arts.org Stephanie Ortega 7192957200 250 Center For American Values Center For American Values, Inc. www.americanvaluescenter.org Peggy Mitrick (719) 543-9500 250 NeighborWorks NeighborWorks Southern Colorado www.nwsoco.org Ashleigh Winans 719-544-8078 250 Region 10 EZ Rocky Mountain Biological Laboratory Rocky Mountain Biological Laboratory www.rmbl.org Erin Fabbre (970) 349-7420 250 Paradox Broadband Infrastructure Paradox Community Trust Paradoxgives.org Erika Lapsys 9707288717 (970) 249-2436 x Region 10 Broadband Infrastructure REGION 10 LEAGUE ECON ASST & PLAN Region10.net Karen Tuttle 208 Ute Indian Museum History Colorado - Ute Indian Museum UteIndianMuseum.org Eric Carpio 9702493098

Last Updated 8/1/2019 Colorado Mesa University Montrose Campus Capital Expansion COLORADO MESA UNIVERSITY www.coloradomesa.edu Jeffery Doyle 9702481987 The PIC Place Community Dental Clinic Melanie Hall 9702528896 Center for the Arts Crested Butte CENTER FOR THE ARTS crestedbuttearts.org Jennie Birnie 703497487 Welcome Home Montrose, Inc Welcome Home Montrose, Inc welcomehomemontrose.org APRIL HEARD (970) 765-2210 Small Business Resource Center REGION 10 LEAGUE ECON ASST & PLAN www.region10.net Michelle Haynes 9702492436 Top Of The Pines Expansion Project Top Of The Pines, Inc. www.topofthepines.org Julie Duff (970) 626-9937 Ouray County Historical Society Capital Campaign Ouray County Historical Society www.ouraycountyhistoricalsociety.org Maria Jones 9703254576 West End Economic Development Corporation (WEEDC) WEST END ECONOMIC DEVELOPMENT CORP choosewestend.org Deana Sheriff (970) 640-1173 Public Art Ridgway Colorado Public Art Ridgway Colorado town.ridgway.co.us Rick Weaver (970) 275-8866 Uncompahgre Watershed Partnership Uncompahgre Watershed Partnership uncompahgrewatershed.org Scott Williams (970) 325-3010 100 Habitat For Humanity Building Program Habitat For Humanity Of the San Juans www.buildinglives.org Lisa VanAllsburg 9702529303 50 Sharing Ministries Sharing Ministries, Inc www.sharingministries.com On?eda Doyal 9702408385 Ridgway Concert Series TOWN OF RIDGWAY ridgwayconcertseries.com Pam Kraft 9706265308

Delta County Economic Development, Inc. Delta County Economic Development, Inc. www.deltacountyed.org Nicci Robbins 9708744992 50

Montrose County Senior Citizens Montrose County Senior Citizens Transportation Transportation, Inc. Dba All Points Transit wwww.allpointstransit.org Darcy Arnold 9702490128 250 Ouray County Fairgrounds Replacement & Improvemen Ouray County www.ouraycountyco.gov Connie Hunt 9703257263 Ouray County Ranch History Museum (970) 316-1085 , Expansion Project Ouray County Ranch History Museum ocrhm.org Joan Chismire (970) 318-1190 50 High Country News Training & Research Program High Country News hcn.org Alyssa Pinkerton 9705274898 The Historic Sherbino Theater The Historic Sherbino Theater www.sherbinotheater.com Ashley King 9703180150 100 Haven House Haven House www.havenhousehomeless.org Larry Fredericksen 9706265677 100 Basin Clinic, Inc Basin Clinic, Inc basinclinic.org Pamela Stamm 9708652665 Tri-county Resource Center Hilltop Community Resources - DV www.htop.org Teresha Taylor 9702527445 100

Gunnison Arts Center Community Program GUNNISON COUNCIL FOR THE ARTS www.gunnisonartscenter.org Carlie Kenton 9706414029 Ouray County Courthouse Renovation Ouray County http://ouraycountyco.gov/ Connie Hunt 970-325-7263 50 Paonia Space to Create TOWN OF PAONIA townofpaonia.com Kenneth Knight 970.527.4101 250 Lone Cone Library New Construction Norwood Chamber and Library www.loneconelibrary.org Brandi Platt 970-708-0988 250 City of Montrose Trails Expansion and Improvement Project CITY OF MONTROSE http://www.cityofmontrose.org/ Virgil Turner 970-240-1471 250 Delta County Memorial Hospital and Clinics System Delta County Memorial Hospital http://www.deltahospital.org Kaitlyn Jones (307) 321-5843 50 Solar Energy International Solar Energy International www.solarenergy.org Deirdre Morrison 970-527-7657 250 Montrose Economic Development Corporation Montrose Economic Development Corp montroseedc.org Patricia Cummings (970) 249-9438 250 The Crested Butte Music Festival CRESTED BUTTE MUSIC FESTIVAL www.crestedbuttemusicfestival.com Erica Vernon (970) 300-3409

Last Updated 8/1/2019 Western State Colorado University Western State Colorado University Center Foundation www.western.edu/foundation Debbie Johnson 9706412237 50 Six Points Capital Campaign Six Points Evaluation And Training, Inc. www.sixpointsgunnison.org Daniel Bruce 9706413081 50

Community Options, Inc. Capital Campaign Community Options, Inc. communityoptionsinc.org Richard Seiferd 2491412 x233 Wright Opera House FRIENDS OF THE WRIGHT OPERA HOUSE thewrightoperahouse.org Nikki Ticherich 9703254399 At House Of Promise Residential Recovery At House Of Promise Residential Recovery Program & Teen Challenge Program & Teen Challenge www.180ministries.net Trish Paterson 3039851776 50 HopeWest HopeWest www.hopewestco.org Kathryn Lawson 9702412212

Telluride Montrose Regional Air Organization Telluride Montrose Regional Air Organization www.coloradoflights.com Benjamin Kalman 9707282934

Adaptive Sports Center of Crested Butte, Inc. Adaptive Sports Center of Crested Butte, Inc. www.adaptivesports.org Lee Eakin 9703495075 San Luis Valley EZ

La Puente Home Homeless Services 2019 La Puente Home Inc. www.lapuente.net Rochelle Ruark 719-589-5909 100

Rio Grande Hospital Valley Citizens Foundation For Health Care www.rio-grande-hospital.org Greg Porter 719-657-4105 100

Living Wisdom Village Living Wisdom www.crestonepeakcommunityhousing.org Akia Tanara 719-256-4037 100 (719) 658-2540 Creede Repertory Theatre 2019-2023 CREEDE REPERTORY THEATRE INC http://www.creederep.org/ Julia McCorvey ext. 231 100 Monte Vista Ski Hi Park 2019-2023 Monte Vista Downtown Revitalization www.ci.monte-vista.co.us Forrest Neuerburg 719-852-2692 100 Society Hall Society Hall Foundation www.societyhall.org Pete Magee 7195896099 Blanca Downtown Revitalization Town of Blanca www.users.gojade.org/blancaco/ Rayna Sanchez 7193793461 Monte Vista Downtown Revitalization 2019- 2023 Monte Vista Downtown Revitalization www.ci.monte-vista.co.us Forrest Neuerburg 719-852-8289 100 San Luis Valley Housing Coalition San Luis Valley Housing Coalition www.slvhc.com Dawn Melgares (719) 587-9807 100 Region 8 Economic Development of the San Luis Valley SAN LUIS VALLEY DEVELOPMENT RES GRP www.slvdrg.org Kevin Wilkins 719-589-6099 100 Cumbres & Toltec Scenic Railroad Engine 168 and Historic Car Project Commission www.CumbresToltec.com Tracy Gallegos 719-376-5483 100 San Luis Valley Health Cancer Services 2019- 2023 San Luis Valley Health www.sanluisvalleyhealth/foundation Kelly Gurule 719-587-5707 100

San Luis Valley Great Outdoors 2019-2023 San Luis Valley Great Outdoors www.slvgo.com Mick Daniel 7195896099 100

Alamosa Senior Citizens Project 2019-2023 Alamosa Senior Citizens, Inc www.alamosaseniorcenter.org Lynette Cotton 719-589-3277 100 https://www.colorado.gov/pacific/costillaco Costilla County Economic Development Costilla County Economic Development unty/costilla-county-economic-development- Council, Inc. Council council-inc Robert Rael (719) 672-0999 100 SAN LUIS VALLEY DEVELOPMENT San Luis Valley Food and Farm Incubator RESOURCES GROUP www.slvlocalfoods.org Brandon Cox 719-937-2319 100 Alamosa Downtown Revitalization 2019- 2023 City of Alamosa www.cityofalamosa.org Judy Kelloff 719-589-2593 100

Last Updated 8/1/2019

Memo

To: City Council From: Tod DeZeeuw, Finance Director Date: August 15, 2019 Subject: Advanced refunding of Series 2010B Truck Route Bonds

Background We sent out request for proposals (RFP) to bond council and bond underwriters and/or municipal advisors. The proposals were positive to proceed with the refunding of the bonds at this time.

Recommendation Bond Council – Kutak Rock LLP Bond Underwriter – Stifel, Nicolaus & Company, Inc.

Action to be Taken Authorize the City staff to sign Kutak Rock LLP and Stifel, Nicolaus & Company, Inc. letters of engagement.

UNDERWRITER ENGAGEMENT AGREEMENT

THIS AGREEMENT is made and entered into this ______day of August, 2019, by and among the City of Delta, Colorado (the "Issuer") and Stifel, Nicolaus & Company, Incorporated, (the "Underwriter" or “Stifel”), with reference to the following facts:

RECITALS

WHEREAS, the Issuer plans to issue Sales and Use Tax Revenue Refunding Bonds, Series 2019 (the “Bonds”) to finance the refunding of the Issuer’s outstanding Sales and Use Tax Revenue Bonds, Series 2010B Build America Bonds (the “Project”); and

WHEREAS, the Issuer desires and is authorized by law to retain the services of the Underwriter in connection with the issuance of the Bonds; and

WHEREAS, the Underwriter agrees to be retained by the Issuer and to provide to the Issuer the services described herein; and

WHEREAS, Stifel agrees to act as underwriter, subject to the conditions set forth herein;

NOW therefore, for and in consideration of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows:

Scope of Services

The Issuer has engaged the Underwriter to perform various services related to the issuance of the Bonds, which are to be performed within the framework of all relevant rules and regulations. All services are provided on an arm’s length, commercial basis and may or may not be provided in conjunction with services provided by advisors to the Issuer, such as, but not limited to, a financial advisor or a municipal advisor.

With this understanding, the Underwriter may provide the following services and perform the following functions with respect to the Bonds:

A. Structuring the Financing

1. The Underwriter will work with the Issuer, its bond counsel, disclosure counsel, and other members of the Issuer's financing team in evaluating specific terms and conditions affecting the Bonds with the purposes of meeting the Issuer’s financing objectives and assuring appropriate credit quality; 2. The Underwriter will work with the Issuer to create a feasible and efficient structure for the Bonds in order to enhance the Bonds’ marketability; 3. In cooperation with Issuer, the Underwriter will assist in the preparation of and/or review of all documents necessary to implement the issuance of the Bonds, including, but not limited to, authorizing resolutions, bond purchase agreement, and preliminary and final official statements distributed to potential investors, as required;

B. Marketing the Securities

1. The Underwriter will provide information and material as needed to support presentations for rating agencies and/or bond insurance companies; if requested; 2. The Underwriter will coordinate printing and distribution of the preliminary and final official statements; 3. Together with the Issuer and other appropriate parties, the Underwriter will provide market information on the timing of the sale of the Bonds in relation to the market conditions and financing needs; 4. The Underwriter will arrange for distribution of the final official statements in accordance with Section 240.15c2-12 of Title 17 of the Code of Federal Regulations; and 5. The Underwriter will serve as sole managing underwriter of the Bonds, which obligation is conditioned upon the execution of a mutually satisfactory bond purchase agreement and other customary documentation, and coordinate with all parties so as to consummate the sale and delivery of the Bonds in a timely manner.

Regulatory Disclosure

Issuer is aware of Section 975 of the Dodd-Frank Wall Street Reform and Consumer Protection Act and the Securities and Exchange Commission’s adopted rule commonly known as the “Municipal Advisor Rule” (SEC Rule 15Ba1-1 to 15Ba1-8 -“the Rule”) and the underwriter exclusion from the definition of “municipal advisor” for a firm serving as an underwriter for a particular issuance of municipal securities. Some of the services that Stifel will be called upon to perform, such as providing advice with respect to the sizing, structure, timing and terms of the Bond issuance, are services that are also commonly provided by financial advisory firms.

However, in providing such services for the Bonds, the parties understand and agree that Stifel is serving as an underwriter for this transaction and is permitted to give advice and recommendations under the “underwriter exclusion” provision of the Rule. Issuer agrees that Stifel will not be serving as the Issuer’s financial advisor or acting as an agent or fiduciary for the Issuer and that the Issuer will be consulting with its own legal, financial and other advisors. This Agreement and relationship shall be either executed, approved or acknowledged by the governing board of Issuer (the “Governing Board”).

Disclosures Required by MSRB Rule G-17 Concerning the Role of the Underwriter

1. Municipal Securities Rulemaking Board (“MSRB”) Rule G-17 requires an underwriter to deal fairly at all times with both municipal issuers and investors.

2. The underwriter’s primary role is to purchase securities with a view to distribution in an arm’s-length commercial transaction with the Issuer. The underwriter has financial and other interests that differ from those of the issuer.

3. The underwriter does not have a fiduciary duty to the issuer under the federal securities laws and is, therefore, not required by federal law to act in the best interests of the issuer without regard to its own financial or other interests.

4. The underwriter has a duty to purchase the securities from the issuer at a fair and reasonable price, but must balance that duty with its duty to sell the securities to investors at prices that are fair and reasonable.

2 5. The underwriter will review the official statement for the securities in accordance with, and as part of, its respective responsibilities to investors under the federal securities laws, as applied to the facts and circumstances of this transaction. 1

Disclosures Concerning the Underwriter Compensation

The underwriter will be compensated by a fee and/or an underwriting discount outlined below and that will be set forth in the bond purchase agreement to be negotiated and entered into in connection with the issuance of the securities. Payment or receipt of the underwriting fee or discount will be contingent on the closing of the transaction and the amount of the fee or discount may be based, in whole or in part, on a percentage of the principal amount of the securities. While this form of compensation is customary in the municipal securities market, it presents a conflict of interest since the underwriter may have an incentive to recommend to the Issuer a transaction that is unnecessary or to recommend that the size of the transaction be larger than is necessary.

Conflicts of Interest Disclosures

Stifel has not identified any additional potential or actual material conflicts that require disclosure.

Disclosures Relating to Complex Municipal Securities Financing

Since Stifel has not recommended a “complex municipal securities financing” to the Issuer, additional disclosures regarding the financing structure for the Issue are not required under MSRB Rule G-17.

However, if Stifel recommends, or if the Issue is ultimately structured in a manner considered a “complex municipal securities financing” to the Issuer, this letter will be supplemented to provide disclosure of the material financial characteristics of that financing structure as well as the material financial risks of the financing that are known to us and are reasonably foreseeable at that time.

Limitation of Duties

The Issuer acknowledges and agrees that Stifel is not making a commitment to extend credit, make a loan or otherwise fund the Project beyond the obligations contained in a mutually satisfactory bond purchase agreement. The Issuer acknowledges that the services provided under this Agreement involve professional judgment by Stifel and that the results cannot be, and are not, guaranteed.

As addressed above, among the services that Stifel will perform under this Agreement is assistance in preparation of, and/or review of the preliminary and final official statements for the Bonds. We note, however, that under federal securities law, an issuer of securities has the primary responsibility for disclosure to investors. Our assistance with respect to, and/or review of the official statement will be solely for purposes of satisfying our obligations as underwriter under the federal securities laws and such assistance and/or review should not be construed by the Issuer as a guarantee of the accuracy or completeness of the information in the official statement.

1 Under federal securities law, an issuer of securities has the primary responsibility for disclosure to investors. The review of the official statement by the underwriter is solely for purposes of satisfying the underwriter’s obligations under the federal securities laws and such review should not be construed by an issuer as a guarantee of the accuracy or completeness of the information i n the official statement.

3 Expenses

The Issuer, from the Bond proceeds, will pay the Underwriter’s costs incurred in the performance of this Agreement, including costs of its legal counsel, if any, communication, preparation of the official statements, and overhead expenses.

The Issuer, from the Bond proceeds or other lawfully available funds, will pay for legal fees, including disclosure counsel; rating agency and credit enhancement fees including all related travel (if any); the cost of appraisal, fiscal consultant, statistical, computer, and graphics services (if any), cost of printing and distribution of the official statements and expense of publication, advertising, and informational meetings; and the costs of fiscal agent or bond trustee and registrar.

Compensation

The Underwriter agrees to prepare and coordinate all aspects of the sale of the Bonds. Stifel will be paid only when the Bonds are sold. The fee for Stifel’s preparation and coordination of the sale of the Bonds shall be $4.012 per $1,000.00 of Bonds sold, as disclosed in Stifel’s RFP response dated August 5, 2019. The underwriting fee is contingent on a successful sale of the Bonds and is payable from the proceeds of the Bonds.

Term of Agreement

This Agreement is to continue until the Project is financed or until the Governing Board formally abandons the Project, unless previously terminated by mutual written consent of the parties hereto.

This Agreement may be terminated at any time by the Issuer, upon five business days’ prior notice to such effect to the Underwriter, or by the Underwriter upon five business days’ prior notice to such effect to the Issuer. Any such termination, however, shall not affect the obligations of the Issuer under the Expenses section hereof.

Severability of Provisions

If any provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law.

Governing Law

This Agreement, and the rights and obligations of the parties hereto, shall be construed, interpreted and enforced pursuant to the laws of the State of Colorado, and exclusive venue in any and all actions existing under this Agreement shall be laid in the action or proceeding which Issuer or Underwriter may be required to prosecute to enforce its respective rights within this Agreement. The unsuccessful party therein agrees to pay all costs incurred by the prevailing party therein, including reasonable interest and attorney's fees, to be fixed by court, and said costs, interest, and attorneys' fees shall be made a part of the judgment in said action. Prior to the commencement of any litigation concerning this Agreement, the Issuer and the Underwriter agree to first submit any disagreements to mediation. This mediation requirement is intended to reduce the costs of dispute resolution for both parties.

4 Subcontractors

The Underwriter shall, with the prior written approval of the Issuer, use such subcontractors as are necessary in the fulfillment of this Agreement.

Miscellaneous

Nothing contained herein shall preclude the Underwriter from carrying on its customary and usual business activities. The Underwriter specifically reserves the right, but is not obligated, to bid for and maintain secondary markets on any Issuer outstanding bonds subject to appropriate information barriers. Services provided by the Underwriter in connection with this Agreement shall not limit the Underwriter from providing services for the Issuer in conjunction with other services requested by the Issuer except as limited by rule of law or regulation.

In connection with services agreed to herein, it is understood that the Underwriter will render professional services as an independent contractor. Neither the Underwriter nor any of its agents or employees shall be deemed an employee of the Issuer for any purpose.

The Underwriter shall not assign or otherwise transfer any interest in this Agreement without the prior written consent of the Issuer.

The Issuer acknowledges and recognizes Stifel as Underwriter with respect to the municipal securities referenced for purposes of MSRB Rule G-23 and Securities and Exchange Commission Rule 17 CFR (Registration of Municipal Advisors) and acknowledges receipt of the G-17 disclosures included herein. It is our understanding that you have the authority to bind the Issuer by contract with us, and that you are not a party to any conflict of interest relating to the subject transaction. If our understanding is incorrect, please notify the undersigned immediately.

This Agreement constitutes the entire agreement between the parties relating to the subject matter thereof and supersedes any prior understandings or representations. The Agreement may be amended or modified only by a writing signed by both parties. It is solely for the benefit of the Issuer and Stifel, and no other person.

This Agreement is submitted in duplicate originals. The acceptance of this Agreement by the Issuer will occur upon the return of one original executed by an authorized Issuer representative, and the Issuer hereby represents that the signatory below is so authorized.

5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above.

Stifel, Nicolaus & Company, Incorporated

By: ______

Name: Josh Benninghoff______

Title: Managing Director______

Date: August 15, 2019______

ACCEPTANCE

City of Delta, Colorado

By: ______

Name: ______

Title: ______

Date: ______

6

MEMO

To: Mayor and City Council

From: Wilma Erven, Parks, Recreation & Golf Director Date: August 20, 2019 Subject: Resolution supporting the grant application for Cleland

Park Playground.

Parks & Recreation Department

Recommendation Staff is recommending the approval of Resolution , 2019, supporting the grant application to Great Outdoors Colorado for replacing and making Cleland Park Playground handicap accessible.

Background Cleland Park Playground is 30+ years old and is a highly used playground. Parts are not available due to the unit's age, so over the last few years staff has had to just remove pieces of equipment, because we could not repair them. The CRISA audit the last several years has been heavily concentrated on this playground. The fall material does not meet ADA requirements and the ability for a wheelchair to get up to the equipment is almost impossible. There are not components of the current playground that allows for the handicap participant to enjoy the playground at this time.

Staff reviewed the cost of upgrading this playground and bringing it into compliance with ADA and realized it was something that needs funding assistance. Making the application to Great Outdoors Colorado is a possible choice for assistance. Staff has also been working with additional funders to assist in the total project, which would involve ADA sidewalks within the play area as well as reaching the area from parking areas.

Cost The total cost of the project will be up to $440,000. Staff is applying for a grant from Great Outdoors Colorado in the amount of $350,000 which will require a cash match of $35,000 from the City of Delta. The $35,000 will be from the Conservation Trust Fund. The City parks staff will have in-kind in the project, as well as other funders participating, in order to complete this phase of the whole project.

Alignment With Strategic Planning: This project is identified in the Parks, Recreation, Trails & Open Space Master Plan.

Actions To Be Taken if Approved: Resolution will be submitted with the Great Outdoors Colorado grant. The grant requires that we have the resolution by City Council. Resolution #17, 2019

SUPPORTING THE GRANT APPLICATION FOR THE LOCAL PARKS AND OUTDOOR RECREATION GRANT FROM THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND AND THE COMPLETION OF THE CLELAND PARK PLAYGROUND.

WHEREAS, the City of Delta supports the Great Outdoors Colorado grant application for the Cleland Park Playground. And if the grant is awarded, the City of Delta supports the completion of the project.

WHEREAS, the City of Delta has requested $350,000 from Great Outdoors Colorado to replace Cleland Park Playground & handicap accessibility in the City of Delta.

NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELTA THAT:

Section 1: The City Council of the City of Delta strongly supports the application and has appropriated matching funds for a grant with Great Outdoors Colorado.

Section 2: If the grant is awarded, the City Council of the City of Delta strongly supports the completion of the project.

Section 3: The City Council of the City of Delta authorizes the expenditure of funds necessary to meet the terms and obligations of any Grant awarded.

Section 4: The project site is owned by the City of Delta and will be owned by City of Delta for the next 25 years.

Section 5: The City Council of the City of Delta recognizes that as the recipient of a Great Outdoors Colorado Local Government grant the project site must provide reasonable public access.

Section 6: The City Council of the City of Delta will continue to maintain Cleland Park in a high quality condition and will appropriate funds for maintenance in its annual budget.

Section 7: If the grant is awarded, the City Council hereby authorizes the Mayor to sign the grant agreement with Great Outdoors Colorado.

Section 8: This resolution to be in full force and effect from and after its passage and approval

ADOPTED this 20th day of August, 2019, by the Delta City Council.

______Mayor ATTEST:

______City Clerk CITY OF DELTA, COLORADO RESOLUTION #18, 2019

A RESOLUTION OF THE DELTA CITY COUNCIL REFERRING TO THE VOTERS OF THE CITY OF DELTA A BALLOT QUESTION CONCERNING A 20-YEAR FRANCHISE WITH BLACK HILLS COLORADO GAS, INC. D/B/A BLACK HILLS ENERGY.

WHEREAS, the City of Delta (“City”), is a duly organized and existing home rule municipality of the State of Colorado, created and operating pursuant to Article XX of the Constitution of the State of Colorado and the home rule charter of the City; and

WHEREAS, the members of the City Council of City of Delta (the “Council”) have been duly elected and qualified; and

WHEREAS, the City has an existing natural gas utility franchise with Black Hills Colorado Gas, Inc. d/b/a Black Hills Energy (“Black Hills Energy”); and

WHEREAS, the City and Black Hills Energy have engaged in negotiations for renewal of the franchise pursuant to a new franchise agreement; and

WHEREAS, Black Hills Energy desires a 20-year franchise term; and

WHEREAS, Article X of the City Charter provides no franchise to construct and operate a public utility in any street, avenue, alley or public place of the City shall be granted except upon the majority vote of the taxpaying electors of said City voting at such election; and

WHEREAS, the Charter requires that the proposed franchisee, here, Black Hills Energy, shall pay the expenses of any such election; and

WHEREAS, pursuant to Article VII of the City Charter, City Council may, on its own motion, submit an ordinance or any other matter to the electorate; and

WHEREAS, a coordinated election will be held on November 5, 2019; and

WHEREAS, the Council hereby determines to voluntarily refer a ballot question to the voters of the City regarding a 20-year franchise with Black Hills.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELTA, COLORADO, AS FOLLOWS:

1. Recitals. The foregoing recitals are incorporated herein as findings and determinations of City Council.

2. Ballot Question. The City Council hereby voluntarily refers the following ballot question, certified in substantially the form set forth below, to the registered electors of the City

1 and said ballot question shall appear on the ballot of the City of Delta at the November 5, 2019, coordinated election:

SHALL THE CITY COUNCIL OF THE CITY OF DELTA, COLORADO, BE AUTHORIZED TO GRANT A NON-EXCLUSIVE NATURAL GAS FRANCHISE TO BLACK HILLS COLORADO GAS, INC. D/B/A BLACK HILLS ENERGY TO CONSTRUCT, OPERATE, MAINTAIN, AND EXTEND A NATURAL GAS DISTRIBUTION PLANT AND SYSTEM, AND GRANT THE RIGHT TO USE THE STREETS, ALLEYS, AND OTHER PUBLIC PLACES WITHIN THE PRESENT OR FUTURE CORPORATE LIMITS OF THE CITY, WHICH FRANCHISE SHALL BE FOR A TERM OF UP TO TWENTY (20) YEARS AND SHALL PROVIDE A FRANCHISE FEE OF $0.0282 PER THERM OF GAS DELIVERED WITHIN THE PRESENT OR FUTURE LIMITS OF THE CITY?

3. After Election. If a majority of the votes cast approve the ballot question certified in Section 2 above, the City, acting through the Council, shall be authorized to proceed with such necessary actions to implement the provisions of the question.

4. Contest. Pursuant to § 31-10-1308(2), C.R.S. and § 1-11-203.5, C.R.S., any election contest arising out of a ballot issue or ballot question election concerning the order of the ballot or the form or content of the ballot title shall be commenced by petition filed with the proper court within five days after the title of the ballot issue or ballot question is set.

5. Severability. If any section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall in no manner affect any remaining provisions of this resolution.

6. Effective Date. This Resolution shall be effective immediately upon adoption. The City Clerk is directed to take any and all actions necessary to ensure that the above-certified question is added to ballot for the November 5, 2019 coordinated election.

INTRODUCED, PASSED AND ADOPTED at a regular meeting of the City Council of the City of Delta, Colorado, on August 20, 2019.

CITY OF DELTA CITY COUNCIL

Mayor ATTEST:

______Jolene E. Nelson, CMC, City Clerk

2

Date: August 15, 2019 for August 20 Regular Council Meeting To: City Council From: Betsy Suerth, Director, Public Works, Utilities, Building and Planning Cc: David Torgler, City Manager Subject: Consideration of Final Plat Approval for Stone Mountain Village, Filing No. 4

Recommendation: Staff review has found the plat to substantially comply with the requirements of 16.04.050(E) and recommends approval of Stone Mountain Village Filing No. 4.

Background and Pertinent Information: Request: The applicant, Fiddlers GJ, LLC & Vortex Engineering, is requesting that City Council approve the Stone Mountain Village Filing No. 4 Final Plat, which proposes to subdivide approximately 1.11 acres into 4 lots to prepare them for sale.

Description: Stone Mountain Village is located in North Delta and accessed via 1525 Road off of US 50 highway. I Road, classified as a minor arterial, runs through the center of the development. Filing No. 4 of the development is located at the intersection of Hudson Street and Silver Belle Street (see below and the attached plat.) Size: 4 Lots, 1.11 acres Zone: R-1A, which “is intended to provide a quiet, low-density development for single family residences, site built or factory built homes.”

Required Improvements, Dedications, and Minimum Design Standards: The following requirements for the subdivision have been met:  Application, deed, fees and plat have been received  Conforms with the Comprehensive Plan and zoning regulations  Utilities are constructed to City standards  Street infrastructure constructed to City standards  Utility Easements properly located  Plat includes the vicinity map, boundaries, name of the subdivision, and all other required information.

Planning Commission: This request was not presented to Planning Commission as no substantive changes have been made since approval of the preliminary plat and all conditions of the preliminary plat approval

have been met, per 16.04.050(E)(9).

Cost to City: There is no cost to the City other than staff time. Alignment with 2018 Strategic Plan: Working with the applicant to achieve their goal of continuing to develop Stone Mountain Village is consistent with the core priority of being Business and Builder Friendly.

Date: August 15, 2019 for August 20 Regular Council Meeting To: City Council From: Betsy Suerth, Director, Public Works, Utilities, Building and Planning Cc: David Torgler, City Manager Subject: Consideration of Letter of Consent for CDOT to occupy City ROW during the US 50/SH 92 Intersection Improvements Project.

Recommendation: Staff recommends Council move to approve the letter of consent and authorize the Mayor to sign the letter.

Background: CDOT, the City of Delta and Delta County have been working together for several years to address the safety and congestion issues at the US 50 and SH 92 Intersection. Staff is working closely with CDOT on the project to assure CDOT has the resources needed to complete the work and to protect City interests. CDOT is now ready to implement the project in the summer of 2020. CDOT will need to occupy the City ROW at 1st and Ute Streets during the project, and the subject letter of consent will provide a mechanism for the CDOT contractor to do so.

Attachment 1 to the Letter of Consent shows the current design of the project. CDOT has not yet confirmed that the right-in right-out improvements at Meeker Street will be incorporated into the project, and therefore those revisions are not yet reflected in the current plans. All communications from CDOT indicate that design addition is moving forward, but nothing formal has been announced.

Cost to City: At this time, there is no cost to the City other than staff time. As discussed with the Council, the City may contribute to the Meeker Street improvements if needed. Alignment with 2018 Strategic Plan: Working with CDOT to implement this project will improve the safety of the intersection and address intersection congestion significantly. This is consistent with the 2018 Strategic Plan Core Priority of Keeping and Improving the Quality of Life by Maintaining or Replacing Infrastructure.

LETTER OF CONSENT US Hwy 50 & SH 92 Delta Intersection

August 20, 2019

Mr. Tim Woodmansee, Right-of-Way Manager Colorado Department of Transportation Region 3 222 South 6th Street, Room 317 Grand Junction, CO 81501

Subject: Consenting to Roadway Work within the City of Delta right of way and ongoing maintenance responsibilities. CDOT Project No. C 0501-067, Project Code 21471

Dear Mr. Woodmansee:

This Letter of Consent is given pursuant to a request by the Colorado Department of Transportation (CDOT), to utilize certain City held right-of-way (ROW) for the purpose of reconstructing the subject intersection at US Highway 50 and SH 92 and to express intent to reach an agreement regarding the maintenance of CDOT traffic loops beyond the project timeline.

CDOT has designed, budgeted for, and intends to construct intersection improvements at the subject intersection, along with sidewalk, curb and gutter, ADA compliant curb ramps, drainage improvements, detector loops, and associated infrastructure improvements (CDOT Project). The City greatly appreciates CDOT for implementing this project. Construction is anticipated during the summer of 2020. CDOT will work with the City to minimize impacts including no weekend or night work during the late April Smith Mountain Rally bicycle event, the late July Deltarado Days event, the mid-September Car Show and Speed Celebration event and the Parade of Lights event during the Thanksgiving holiday weekend. The City will provide CDOT with a schedule for the 2020 events as soon as practicable.

Prudent and proper implementation of the CDOT Project requires modification to certain roadway elements (Roadway Work) within right-of-way owned or held by the City, on 1st Street at Main Street/US 50, on the west side of the project area, and on Ute Street at US 50, on the north east part of the project area. All of the work of the CDOT Project proposed by CDOT is described and depicted on Attachment 1, consisting of four (4) pages attached hereto and incorporated herein by reference. Attachment 1 includes the ROW delineation in both subject areas of the project.

Attachment 1 also shows the need for the traffic loops to permanently occupy City ROW on 1st Street. The City intends to work with CDOT to reach an agreement on the traffic loops maintenance and repair and each party’s responsibilities regarding such.

The consent hereby given is for the above-stated purposes only and is not given for any other present or future work, except for the permanent occupation of the CDOT traffic loops in the City right-of-way. By issuing this Letter of Consent, the City, its officers, employees and agents shall not assume any liability resulting from this Letter of Consent or the exercise thereof.

Given by the City of Delta, Acceptance by the Colorado State of Colorado: Department of Transportation:

By: By: Date Date

Printed Name: Printed Name: Title: Title:

25 27 24 81

Date: August 15, 2019 for August 20 Regular Council Meeting To: City Council From: Betsy Suerth, Director, Public Works, Utilities, Building and Planning Cc: David Torgler, City Manager Subject: Consideration of the Submittal of a Letter of Inquiry to Department of Local Affairs (DOLA) expressing desire to submit a grant application to fund a Solar Photo Voltaic (PV) Array in the City of Delta.

Recommendation: Staff recommends Council move to approve the submittal of a letter of inquiry to the Department of Local Affairs (DOLA) expressing desire to submit a grant application to fund a Solar Photo Voltaic (PV) Array in the City of Delta.

Background: During Governor Polis’ first legislative session, a number of bills were passed to facilitate carbon-free electric energy generation and use to achieve a goal of 100% carbon-free electric energy for Colorado by 2040. Municipalities providing electric are not required to meet these goals at this time, but there is a high probability this will not be the case in the near future. The hard work of CAMU (Colorado Association of Municipal Utilities) has been successful at the capitol in preventing the imposition of these mandates on small municipalities by identifying the creative projects municipalities have completed and those in the planning stages that contribute to green goals. Staff believes that by completing projects that reduce greenhouse gas emissions produced by the electricity sold in the City, the City will continue to keep local control on how we purchase and sell electricity. DOLA has recently released a Renewable and Clean Energy Challenge grant program for communities to work toward statewide goals. MEAN staff has contacted City staff about assisting in the grant process. The opportunity for a grant award during the current round will likely not be as competitive as it might be next year, when more mandates may facilitate interest by additional governmental entities. In March of this year during a work session, Council and staff discussed the growing support for renewable energy nationally, statewide and locally. Council was supportive of staff to consider opportunities to conduct a survey of the City’s electric customers to understand constituency support and rate risk aversion. Staff has drafted an RFP for that survey, however during that research, it was discovered that a survey would be cost prohibitive in 2019. ML&P staff continues to field inquiries from residents interested in the City using and/or developing

renewable energy sources, and there is also a growing trend expressed via social media to reduce greenhouse gases. For these reasons, staff believes this project may have value if it can be proven cost effective. (Staff will propose a budget for a survey in 2020.) Staff is recommending we submit a letter of inquiry to assure an opportunity to apply for a Renewable and Clean Energy Challenge Grant. The Letter of Inquiry is due Sept 1st and the grant application is due in December. Staff believes a 300 KW array would be an affordable size to maintain and fund with matching funds. The City’s total power requirements contract allows for us to produce 2% of our base energy needs with renewable generation, making the cap 600 KW, so future expansion is possible. The project will give the City the ability to market local renewable generation as well as to reduce the annual cost of energy.

Cost to City: Staff has estimated the cost of construction to be approximately $510,000 based on $1.70 per watt and 300 kW-DC. With other costs of land preparation and electric tie infrastructure a total project cost is estimated to be $600,000. If the grant were awarded, the cost to the City with the match of 50% would be approximately $300,000. Should Council support the project concept, staff would conduct the due diligence needed to prove the project investment cost effective. If that could be done, staff would return to Council with budget details and a grant application in November.

Alignment with Strategic Plan: This project is supports Colorado’s energy initiatives, while preserving reasonable pricing for the City's electric rate payers. It is therefore consistent with the City’s Core Priorities of Keeping and Improving Quality of Life and being Business and Builder Friendly.

Letter of Inquiry The City of Delta, Colorado

Summary statement

 What, briefly, is the project? The City of Delta desires to install a 300 kW-DC solar PV array to procure clean, renewable electrical energy. The total cost of the project is estimated at $510,000. The City will issue a request for proposal for the construction of the array and the City will own, operate and maintain the array. The Municipal Energy Agency of Nebraska (MEAN) is the total requirements provider for the City and intends to partner with them to assist in writing an RFP, analyzing the proposals, and providing technical expertise as needed. The City would like to apply for a Renewable and Clean Energy Challenge Grant from the Department of Local Affairs (DOLA) to assist with the initial cost of the project. The City will provide 50% matching funds should a grant be awarded.

 Amount requested $300,000

 Timeline o September 1, 2019 -- Letter of Inquiry due. o October 15, 2019 -- Notice of the invitation to submit a full application. o December 1, 2019 – Full grant applications due. o April 1, 2020 – A Request for Proposal (RFP) will be drafted by MEAN and the City. o April 1, 2020 – Application cycle award decisions announced. o April 3, 2020 -- The RFP will be released. o May 7, 2020 – A public bid opening at the Delta City offices. o July 7, 2020 – Conclude proposal analysis and announce the winning bid. o September 1, 2020 – Construction will begin by the selected developer. o April 2, 2021 – Dedication and commercial operation of the array.

How it achieves renewable energy generation or advances a clean energy economy Statement of need

 Describe the project in more detail The proposed 300 kW-DC solar PV facility would be considered a mid to large scale solar array in the Delta-Montrose area. The City has identified several high profile potential sites and intends on completing further due diligence to determine the ideal site based on its ability to serve as a demonstration project to serve as a model, its area and geometry, and the cost of construction on the site. The City will release an RFP for the construction of the project including the procurement and installation of the solar panels, inverters, wiring, and necessary structural components. The City will own, operate and maintain the array. The City hopes to augment the initial large cost of the project with grant funds, making the project viable for the rate payers. The Municipal Energy Agency of Nebraska (MEAN) is the total requirements provider for the City. MEAN has experience in developing a request for proposal (RFP) for solar facilities and in analyzing proposals. MEAN will assist the City in drafting and refining an RFP. The RFP will be publicly advertised. A public opening of proposals will be held at the City. Analysis of the proposals will consider price, quality of the equipment, schedule, and experience of the contractor. MEAN will work closely with the City to review and evaluate the proposals, and the

S:\41-ML&P\Renewable Energy\Solar PV Array\Renewable_Energy_Challenge_LOI_GunnisonDelta_20190815_DeltaREV.docx Letter of Inquiry The City of Delta, Colorado

City will select the developer, execute and agreement and observe and inspect the construction of the project as the owner’s representative. MEAN will not receive any energy from the solar project or provide funding.

Much of the design will be accomplished by the developers when preparing proposals. Time is provided in the schedule for the winning developer to finalize the design, order equipment, install the facilities and test the array. The proposals must include all PV panels, inverters, wiring, transformers, disconnection equipment, webpage or kiosk development, labor and deliveries, structural components, and a public webpage displaying the real-time and cumulative output individually of the solar facility. The City’s electric utility will provide all electric meters and adequately sized distribution lines to the facilities. The point of interconnection will be at the electric meter on the distribution system side of the transformer. The schedule may be modified and possible shortened by consensus of the City and the contracted developer. Delta will perform tests of their solar facilities to confirm proper operation and promised output.

The City will conduct a public dedication ceremony for the new PV solar array.

 Why are you utilizing this approach? The City believes a 300KW array would be an affordable size to maintain and fund with matching funds. This would also give the City the ability to market local renewable generation as well as reduce annual cost of energy. Delta desires to showcase a renewable energy project to serve as a model for the region, and a solar PV array is a high profile project. The City’s electric utility enterprise has limited funds, and a DOLA grant could make a project like this significantly more feasible and cost effective. Further, staff time is also limited, and with MEAN’s offer to assist, the implementation of the project is also more feasible.

 Why is it important to your community? This project will assist the City in moving toward the Governor’s initiative of 100% renewable energy by 2040. The City of Delta already demonstrates an interest in this effort by its current renewable resources making up 24% of its power purchases, using both wind and hydroelectric power. Residents of the City have contacted the City of Delta in support of renewables, and have requested the City’s utility to install solar PV arrays and purchase energy from wind producers to have a positive impact on our environment. This project is a next step and an important show of commitment, in moving toward that 100% clean energy goal.

Outcomes

 What are the specific outcomes you hope to achieve o This energy will displace fossil-fuel produced energy and lower carbon emissions. o This program will further demonstrate the City’s commitment to clean energy for their customers by showcasing a visible solar facility. o The financial aid of the grant will lower the cost of this local solar project to establish experience and build support for future clean energy projects.

S:\41-ML&P\Renewable Energy\Solar PV Array\Renewable_Energy_Challenge_LOI_GunnisonDelta_20190815_DeltaREV.docx Letter of Inquiry The City of Delta, Colorado

 How will the project be evaluated The project’s success will be dependent on its production of clean energy. The Contract with the developer will include a performance clause that will obligate the developer to assure the project meets all specifications and functions properly. The City’s goal is to provide maximum energy per the land available at a competitive price.

Project activity

 Overview of activities The City will issue an RFP for development of the solar array. MEAN will assist in evaluating the proposals. The City will select a winning bid. The awarded developer will do all construction and testing. The City will maintain the facility.

 What stage of planning are in/how ready to go is the project The City is in the initial planning phase, and has conceptualized output needs and potential sites. Discussions have been held with MEAN, the power provider for the City of Delta. The project is within contract limitations and is acceptable to MEAN.

 Note collaboration/who are the partners. What partners have you already consulted with? The parties include the City of Delta and the Municipal Energy Agency of Nebraska (MEAN). MEAN is the electrical energy provider for the City. MEAN has experience with solar RFPs and will assist the parties in this endeavor. MEAN will not receive any of the electrical energy from this project.  What experts have you already consulted, what role have/will they play throughout the project MEAN has met with the City. MEAN has recently completed an RFP for towns in Nebraska. MEAN will use this experience in drafting an RFP for Delta and analyzing the proposals to assist the City. The Nebraska project resulted in selection of a solar developer and is currently in the contract writing phase.  What steps have you taken to ensure established best practices will be used? The proposals will be evaluated based on price, experience of the developer, references for the developer, evaluation of the components of the bid and guarantee of the output.

Budget

 General overview of activities/costs Delta: 300 kW-DC $600,000 total project at $1.70 per watt plus land preparation and electric tie infrastructure. MEAN is not charging for its services to this project. MEAN’s costs are covered in the power contracts with the cities.

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After Recording, Send To: David H. McConaughy, Esq. Garfield & Hecht, P.C. 901 Grand Avenue, Suite 201 Glenwood Springs, Colorado 81601

QUIT CLAIM DEED

THIS DEED, effective as of ______, 2019, between,

THE CITY OF DELTA, COLORADO, a Colorado home rule municipality ("Grantor"), whose address is 360 Main Street, Delta, CO 81416, and

WILLIAM DAMOND SANCHEZ, KAREN SANCHEZ, RON SANCHEZ, AND WELLS FARGO (collectively referred to as "Grantees"), whose address is 920 E. 9th Street, Delta, CO 81416;

WITNESSETH, that the Grantor hereby quitclaims any interest in the real property described as “Dedication No. 1” and “Dedication No. 2” in the Quit Claim Deed dated January 22, 2018 recorded with the Delta County Clerk and Recorder on March 14, 2018, as Reception No. 702066 (the “2018 Deed”).

The dedication described in the 2018 Deed was never accepted or authorized by the Delta City Council, nor was the exchange for water and sewer system improvement fees as described in the 2018 Deed ever approved or authorized by the City Council. The purpose of this Quit Claim Deed is to nullify the 2018 Deed.

IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above.

City of Delta, Colorado

By: ______Mayor City Clerk

STATE OF COLORADO ) ) ss. COUNTY OF DELTA )

Acknowledged before me this ___ day of ______, 2019 by Ron Austin as Mayor and Jolene Nelson as City Clerk for the City of Delta, Colorado.

WITNESS my hand and official seal.

(Seal)

My Commission expires: ______.

______Notary Public

Attorney Comments

City Manager Comments

Councilmember Comments

Item S:

Executive Session

For discussion of a personnel matter under CRS Section 24-6-402(4)(f) and not involving: any specific employees who have requested discussion of the matter in open session; any member of this body or any elected official; the appointment of any person to fill an office of this body or of an elected official; or personnel policies that do not require the discussion of matters personal to particular employees.