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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/18/2003 - ITEMS RELATING TO THE SECOND SHEET OF ICE AT EPIC AGENDA ITEM SUMMARY ITEM NUMBER: 13 A-C FORT COLLINS CITY COUNCIL DATE: March 18, 2003 STAFF: Jean Helburg SUBJECT: Items Relating to the Second Sheet of Ice at EPIC. RECOMMENDATION: Staff recommends adoption of the Resolution and of both Ordinances on First Reading. FINANCIAL IMPACT: This item appropriates an additional $58,244, upon receipt, in the Capital Projects Fund Building Community Choices(BCC)—EPIC Second Sheet of Ice capital project(the"Project"),representing additional private sector funding from Twice the Ice. The appropriation allows the City to leverage existing BCC appropriations, totaling $206,502, resulting in a total Project cost of$4,197,181. In addition, the ordinance authorizes the transfer of$2,647 from the Project to the Cultural Services and Facilities Fund, for appropriation therein, to be used for the Art in Public Places program. EXECUTIVE SUMMARY: A. First Reading of Ordinance No. 043, 2003,Reauthorizing a Lease Agreement Between the City and Twice the Ice, Inc., for the Use of Certain City Property at EPIC for the Sale of Advertising Space. B. First Reading of Ordinance No. 044, 2003, Appropriating Unanticipated Revenue in the Building Community Choices Capital Projects Fund - EPIC Second Sheet of Ice Capital Project, Authorizing the Transfer of Related Art in Public Places Funds, and Increasing the Total Project Budget Accordingly. C. Resolution 2003-031 Approving Revisions to the Policy for Indoor Advertising at EPIC. The second ice arena at Edora Pool Ice Center(EPIC) is scheduled for completion in March, 2003. This project is a joint effort between the City through Building Community Choices (BCC) and Twice the Ice (TTI) a private fundraising group that agreed to raise 22% of the project costs. DATE: marcti 18, 2UM 2 ITEM NUMBER: The project fund still contains $206,502 of BCC tax revenue. TTI has continued to actively raise funds to leverage these dollars for items that have not yet been funded and could still be included in the project. The Council-approved ad sales agreement with TTI on the dasher boards in the current rink expired on February 15, 2003. Businesses have expressed interest to TTI to advertise in the new rink. TTI would like to extend its agreement with the City to sell advertising to raise more funds to leverage the remainder of the BCC project money. Ordinance No.043,2003 would give authorization to TTI to sell advertising on the dasher boards and scoreboards in both rinks and the ice resurfacers until December 31, 2003 or until the $58, 244 is raised, for the express purpose of leveraging the remaining BCC money. At that point, the City would take on responsibility for any and all advertising sales throughout the facility. Ordinance No. 044, 2003, appropriates unanticipated donations from Twice the Ice, not to exceed $58,244, as private contributions matching the remaining $206,502 in BCC project funds and increases the total project budget to include these additional funds. This funding would be used to complete the list of items described in the Background section. The Ordinance also transfers required funds for Art in Public Places to the Art in Public Places account. Resolution 2003-031 approves revisions to the EPIC indoor advertising policy to include the new rink in the policy and clarify some of the language. This update is needed regardless of TTI's interest in selling additional ads. BACKGROUND INFORMATION: In 1997, the voters approved Ordinance No. 31, 1997, which provided for a second ice rink at the Edora Pool Ice Center as part of the BCC capital improvement program. The Ordinance required a public/private partnership for this project,contingent upon the private sector providing funding or in-kind contributions for at least 22% of the estimated cost of the project. A private 501 (C)(3) fundraising group, Twice the Ice (TTI), stepped forward to raise the 22% private match. In November 2001, the City Council adopted the 2002 annual budget, which appropriated $3,273,801 from BCC tax revenues for this project. At City Council's direction,the City conducted a competitive RFP(Request for Proposals)process to hire a design/build firm to develop drawings and a cost estimate for the project, with the understanding that the project would continue to completion if the cost estimate was within budget. The Neenan Company was hired,and the initial project cost estimate was $3,932,435. Approval of Ordinance No. 011,2002 in early 2002 appropriated the TTI contribution of$865,136 and approved the spending of $3,067,299 from the BCC budget for a total of $3,932,435. This initiated the project. $206,502 remains in the BCC project fund, awaiting a possible 22% contribution from TTI ($58,244) for completion of the project. The following chart represents the status of the fundraising efforts by the private sector and how the fundraising affects available City funds: DATE: ITEM NUMBER: PRIVATE CITY (BCC) MATCH FUNDS TOTAL Current Project Budget $865,136 $3,067,299 $3,932,435 Possible Additional Resources $ 58,244 206,502 264,746 Total $932,380 $3,273.801 $4,197,181 The easiest way to understand the private match requirement is that$1 donated by the private sector leverages approximately $3.55 from BCC monies for the project. The maximum amount of BCC money appropriated for this project that can be leveraged is $3,273,801. At this point, the private sector has leveraged $3,067,299 in tax revenues and$206,502 remains to be leveraged. The total project budget, including the current project budget and the new private match and matched BCC funds, is $4,197,181. One percent of the newly available funds, or$2,647, is being transferred to the Art in Public Places Account. TTI has continued to raise funds since last January 2002 to leverage the remaining project money. TTI will again sponsor and host an ice show this spring to feature the young EPIC figure skaters, with the proceeds going toward its fundraising efforts. Proceeds from the corporate tables at the 2002 ice show were donated to TTI. The group has been selling tiles for$100, to be installed on a designated wall in the new rink. Poudre Valley Health System donated money to furnish and equip the first aid room. TTI has received in-kind donations of computer equipment and flags for the new rink. The group has also been generating interest from various businesses to advertise on the dasher boards and scoreboard in the new ice rink. Many of these businesses are also interested in advertising in both rinks. Several issues arose during the project that added unplanned costs. Some of the major items included the following: • storm water and storm detention changes • a change in the power service to the building • a required upgrade to the fire alarm system that affected the entire building • additional phone and data expenses The following items from the project have been deferred because of funding limitations. These items will be restored with the additional TTI donation and remaining BCC funds: • Replacement of the parking on the east side of the building. The addition of the second rink eliminated 12 parking spaces. This parking would be replaced on the east side of Riverside Drive and is primarily for staff and service vehicles. • Rental lockers. These lockers will provide a lucrative revenue stream for the facility and will allow regular hockey players to leave their equipment at the facility. • Divider curtain for the conditioning/meeting room, which will greatly increase the usefulness of this room. • Furnishings for the conditioning/meeting room, vending/lobby area,referee's room, and skate staff room. • Spot lighting for the Art in Public Places artwork. DATE: ITEM NUMBER: The Parks and Recreation Board at its February 26, 2003, meeting reviewed and unanimously supported the two Ordinances,allowing TTI to continue to raise funds through December 31,2003, or until the group raises $58,244. Minutes from that Board meeting are attached (Attachment A). Advertising Policy Update On October4, 1988,the City Council,by Resolution 88-126,adopted a policy for indoor advertising at Edora Pool Ice Center(EPIC) (Attachment B). The intent of the policy was to allow, but limit, advertising within the facility. The recommended revised advertising policy, attached as Exhibit"A" to the Resolution, is written to include the second ice rink. In addition, after consultation with the City Attorney's office, some wording changes have been made to further restrict advertising of alcohol products to make the policy more clear, and to make it more consistent with other similar City policies, such as the guidelines for advertising on bus benches. The Parks and Recreation Department is very cautious about allowing advertising in parks or recreation facilities where it detracts from the users' experience. Limitations on advertising in ice arenas is very common because of this effect. In the 16 years of EPIC operation, advertising has brought forth very few concerns. This revised advertising policy for EPIC was reviewed and supported by the Parks and Recreation Board at its meeting on December 4,2002. Minutes of the Board meeting are included(Attachment C). Parks and Recreation Board Minutes February 26, 2003 Page 6 ATTACHMENT A D-R-A-F-T Items to City Council: Twice The Ice, EPIC Advertising, And Additional Funding For The Second Sheet Of Ice Jean Helburg, Recreation Manager, said that staff will present a three-part agenda item to City Council on March 18. 2003. The first part is to revise the policy for indoor advertising at EPIC to include the second sheet of ice, being constructed through the Building Community Choices capital program. The second part is an Ordinance re-authorizing a lease agreement between the City and Twice the Ice, allowing TTI to sell advertising in both ice arenas through December 31, 2003. The third part is an Ordinance appropriating unanticipated revenue raised by Twice the Ice into the Building Community Choices EPIC second ice arena capital project. Twice the Ice has taken on the responsibility of raising privately 22% of the project cost. Jean explained that we wish to allow Twice the Ice to continue selling advertising at EPIC in both arenas through the end of this year. Twice the Ice has raised $865.000 to date and the project was authorized by City Council last year to proceed. The group needs to raise an additional $58, 244 to meet its total obligation and to leverage all the project money available from the City. There are items related to the project that can be completed with this funding even after the facility opens to the public. These items include such things as staff parking. furniture, storage, a divider curtain, lighting for the Art in Public Places artwork, etc. Twice the Ice members are confident that ad selling, along with other fiord-raising efforts underway by the group, will result in meeting their goal on or before the end of this year. On a motion by Mary Carlson and seconded by Jessica MacMillan, the Board unanimously (7-0) voted to support this item to City Council. Work Plan Revision At the Board's January meeting. Marty Heffernan explained that Council Liaison Bill Bertschy made a recommendation to add 'Discuss options to effectively resolve neighborhood complaints regarding park design and trail location. On a motion by Del Price, seconded by Jessica MacMillan, the Board unanimously (7-0) accepted this recommendation and added it to their work plan for 2003. Adjournment: The Board unanimously voted to adjourn at 9:45 p.m. Respectfully submitted, Jackie Rael Executive Administrative Assistant Meeting Attendance ATTACHMENT B CITY OF FORT COLLINS PARKS AND RECREATION DEPARTMENT Advertising Policy: Edora Pool Iee Center Statement of Policy 1. Advertisement for alcohol products with an alcohol content of 13 percent or less may be allowed in the facility; however, the City will not directly solicit such advertisements. 2. Advertisements for alcohol products with an alcohol content of over 13 percent, tobacco products, anything of a political or religious nature and advertisements which are considered by the City as being offensive to the general public are prohibited. 3. The City reserves the right to view any advertisement prior to its posting for compliance with the above. 4. Advertising space will be limited to the following areas: A. Zamboni panels located on the dump tank. B. Advertising panels attached to the scoreboard(s). C. Marquee and portable kiosk space in designated areas. D. Lobby and hockey benches(similar to the golf courses). E. Banners or flags located in designated areas. 5. Permanent billboard advertising on the walls is prohibited. Scoreboard advertising panels are the only permanent signage permitted. 6. User groups under contract with the City may display advertisements during the term of their contracts in compliance with this policy. 7. Advertising rates will be established by staff during the budget or bidding process as applicable. 8. The length of the advertising contract will vary as applicable based on location and type of event. i 9• Annual advertising contracts for certain spaces will be offered through a bidding process. Seasonal or per event advertising for other spaces will be offered on a first come, first served basis. 10. Individual advertisers or user group will be responsible for providing the advertising materials and any cost associated with the advertising materials and the display and removal thereof. It. Advertisements placed in the building do not reflect the views or recommendations of the City, Parks and Recreation Department, or its employees. 8/88 ATTACHMENT C Council Liaison: Bill Bertschy Staff Liaison: Marty Heffernan,224-6064 President: Paul Van Valkenburg Phone: 226.4700 (work) 689.5205 (cell) Call Meeting to Order: President Paul Van Valkenburg called the meeting to order at 5:35 p.m. Agenda Review: No changes to the printed agenda. • Items of Note: Board Member Mary Carlson called to say she would not be able to attend tonight's meeting. Citizen Participation: Citizen Peter Johannsen said he is very interested in becoming a Board member and came to observe the Board meeting. Approval of Minutes: On a motion by Lance Freeman, seconded by Mike Gavin, the Board unanimously (7-0) approved the minutes of the October 23, 2002 meeting. EPIC Advertising Jean Helburg said we developed an advertising policy in 1986 prior to the EPIC's opening. We adopted the policy in 1988 and we are now updating it to address the legal language of 2002 and language to allow us to advertise on the second sheet of ice. She is asking the Board to approve the policy as staff will bring it before Council in January. Jean reviewed the statement of policy. Ross questioned Ld which prohibits "Advertising of any product or service primarily related to sexual or violent activities, or advertising of any product or service in a manner that is sexually suggestive, that displays or suggests violence, or is inappropriate for minors." Ross thinks that statement would dismiss "planned parenthood"and other counseling services that would relate to teenagers. The Board would like clarification. Del asked what is the amount of annual advertising revenue for Recreation? Jean explained that we receive approximately $12,000 annually. Twice the Ice is advertising as a fundraiser, which . goes towards the second sheet of ice construction. They have raised $20,000 a year in Parks and Recreation Board Minutes December 4, 2002 Page 2 advertising revenue. Mike Gavin asked if there is an electronic board advertising upcoming events? Jean said no, however, we do allow groups to display banners advertising their upcoming event. Marty explained that we are very restrictive about advertising in outdoor spaces. However, ice arenas fit more in the advertising mode. Lance said that when Twice the Ice's contract comes due in February, he would like the Board to review this. Marty said that they (Twice the Ice)would like to be able to advertise on the second sheet of ice to raise the remainder of their portion of the Building Community Choices funding. Dean said that this could be an excellent revenue source for Parks and Recreation. On a motion by Lance Freeman, seconded by Mike Gavin, the Board voted unanimously (7-0) to adopt the policy as written by staff with the review of"Ld". Northside Aztlan Community Center Site Contamination Issues Marty showed a conceptual plan of the proposed site. The old coal gassification plant has leaked and the contamination is leaking into the river. This whole plume is leaking slowly. Margit Hentschel,Natural Resources' Senior Environmental Planner, has contacted the EPA for consult. Until we have a determination from the EPA if we can go forth with the project, we have to halt the project. The critical point is the leakage to the river. We are still very hopeful that we can use this site. Lance said the concern is that if we build there, what will the ramifications be to clean up the site, and will it cost so much that we can only afford to construct half the size of the building planned? Fossil Creek Trail at Paragon Point Craig Foreman explained that when the development was proposed, the approved Overall Development Plan (OPD) for Paragon Point Development showed the City's Fossil Creek Trail would extend through the development. It was the intent of the developer and the City that the City trail be developed as shown on the ODP. The developer was responsible to construct a seven-foot wide trail. The city participated $40,000 to widen the trail to 10-feet. When plans began to connect the trail to Fossil Creek Community Park, we discovered that this trail easement area was never platted and therefore the City does not have a recorded easement for the current trail in Paragon Point Open Space. Currently some citizens in this neighborhood have objected to connecting the trail to the City's public trail system. Craig explained the City is at some legal exposure and possible cost to keep the trail in its present location. Lance Freeman said that this is a bad deal. Mike Gavin said that this trail alteration along Lemay and Trilby Road is a safety issue. Paul Hudnut says he has a problem in that we made an agreement with the developer. Dean Hoag said that he feels this sets precedence to other trail developments. Mike said the mission of trails is to get it off the streets and Lemay is a major street. Lance Freeman made a motion that the trail should stay where it is located. The motion was seconded by Ross Cunniff. Keep the trail where it is currently located. The motion passed ORDINANCE NO. 043, 2003 OF THE COUNCIL OF THE CITY OF FORT COLLINS REAUTHORIZING A LEASE AGREEMENT BETWEEN THE CITY AND TWICE THE ICE, INC., FOR THE USE OF CERTAIN CITY PROPERTY AT EPIC FOR THE SALE OF ADVERTISING SPACE WHEREAS, the City of Fort Collins is the owner of the property at 1801 Riverside Drive, Fort Collins,Larimer,County,Colorado,commonly known as the Edora Pool Ice Center("EPIC"); and WHEREAS,in 1997 the City Council authorized the City Manager,through Ordinance No. 199, 1997, to enter into a lease agreement with Twice the Ice, Inc ("TTP'), a not-for-profit 5010 corporation, to sell advertising at EPIC; and WHEREAS,TTI,Inc. has had,for the past five years and terminating on February 15,2003, an agreement with the City of Fort Collins, to use certain City property at EPIC for the sale of advertising space; and WHEREAS,the express purpose of this agreement was to allow TTI to use the space to help raise 22% of the total cost to complete a second ice arena at EPIC, a Building Community Choices project; and WHEREAS,TTI was successful in raising over$110,000 by selling advertising on the dasher boards and the ice resurfacer at EPIC over the five year period of the agreement; and WHEREAS, $206,502 remains in the Building Community Choices capital fund for the second ice arena; and WHEREAS, TTI wishes to extend its agreement with the City to sell advertising at EPIC through December 31, 2003; and WHEREAS,additional revenue from selling advertising at EPIC,along with other TTI fund- raising, will be used to leverage the $206,502 in the Building Community Choices capital account for the second ice arena to pay for needed additional items at the new facility; and WHEREAS,TTI agrees to abide by the same requirements and procedures as were described in the initial lease agreement; and WHEREAS, under Section 23-114 of the Code of the City of Fort Collins, the Council is authorized to lease any and all interests in real property in the name of the City, provided that Council first finds the lease is in the best interests of the City; and WHEREAS, the Council, having considered the benefits to the City of the proposed lease arrangement that staff has negotiated with TTI, finds that the proposed agreement and the grant to Twice the Ice of the right to use certain portions of EPIC for the sale of advertising is in the best interests of the City. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City Council hereby determines that reauthorization of the proposed Lease Agreement for use of certain positions of EPIC by Twice the Ice, Inc. for the sale and display of advertising for a term to commence at the time of signing of the agreement through December 31, 2003,is in the best interests of the City, and hereby authorizes the City Manager to enter into such agreement consistent with the terms hereof. Introduced, considered favorably on first reading, and ordered published this 18th day of March, A.D. 2003, and to be presented for final passage on the 1st day of April, A.D. 2003. Mayor ATTEST: City Clerk Passed and adopted on final reading this 1st day of April, A.D. 2003. Mayor ATTEST: City Clerk ORDINANCE NO. 044, 2003 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE IN THE BUILDING COMMUNITY CHOICES CAPITAL PROJECTS FUND - EPIC SECOND SHEET OF ICE CAPITAL PROJECT, AUTHORIZING THE TRANSFER OF RELATED ART IN PUBLIC PLACES FUNDS, AND INCREASING THE TOTAL PROJECT BUDGET ACCORDINGLY WHEREAS, on April 8, 1997, the voters of the City approved Ordinance No. 31, 1997, authorizing the imposition of a quarter cent sales and use tax for the purpose of generating revenues to construct certain capital projects described in the"Building Community Choices"("BCC")capital improvement program; and WHEREAS, one such project approved for funding by the voters was the construction of a studio ice rink (the "Studio Ice Rink") at the Edora Pool & Ice Center("EPIC"); and WHEREAS,Ordinance No.31, 1997,requires that the proposed ice rink be smaller than the existing EPIC ice arena, and requires that it be added to enhance the EPIC facility to provide more ice time for programs such as the City's ►eam-to-skate program, figure skating, youth and adult hockey, and drop-in skating; and WHEREAS, pursuant to Ordinance No. 31, 1997, the construction of the EPIC Studio Ice Rink Project is expressly contingent upon a determination by the City Council that the City has received supplemental funding, or in-kind contributions, for such project from the private sector, having a value of at least 22%of the estimated cost of the project as determined by the City Council, and upon a further determination by the City Council as to whether to proceed with said project,after receiving a report and recommendation to proceed from the City Manager and the City's Financial Officer, no later than December 31, 2005; and WHEREAS,on November 20,2001,City Council adopted on second reading Ordinance No. 197, 2001 (the City's 2002 Adopted Budget),which included an appropriation of$3,273,801 from BCC sales and use tax proceeds for the construction of the second sheet of ice at EPIC; and WHEREAS, on February 5, 2002, City Council adopted on second reading Ordinance No. 11, 2002, whereby City Council determined that the conditions in Ordinance No. 31, 1997, for the construction of the Studio Ice Rink had been met,authorizing that construction be commenced,and appropriating $865,136 received from Twice the Ice, a private fund-raising group, through fund- raising efforts,in-kind contributions,and advertising proceeds earned through the sale of advertising on the dasher boards at EPIC; and WHEREAS, appropriation of the aforementioned private sector contributions, totaling $865,136, allowed the City to leverage its 78% share from BCC funds, totaling $3,067,299, and . begin construction of the Studio Ice Rink, at a total cost of$3,932,435; and WHEREAS, since January 2002, Twice the Ice has continued its efforts, through fund- raising, in-kind contributions, and the sale of advertising,in order to raise an additional$58,244 in private sector funds and thus leverage the additional $206,502, in City BCC funds, needed to complete the Studio Ice Rink; and WHEREAS, Ordinance No. 011, 2002, further provided that if additional private contributions were raised prior to completion of final design for the Studio Ice Rink, City staff would return to the City Council to request that additional private donations be appropriated for the project, and to request that the City Council approve the increased project cost and expenditure of the additional $206,502 in order to provide for enhancement of the quality of the project using the additional BCC and privately.donated funds; and WHEREAS,staff has determined that the additional funds in the total amount of $264,746, if available, will fund a number of enhancements to the Studio Ice Rink, including replacement of lost parking spaces by completion of new parking improvements,and the addition of rental lockers, a divider curtain and furnishings for the conditioning/meeting room, and spot lighting for the Art in Public Places artwork for the facility; and WHEREAS,Under Article V,Section 10 of the Charter,the City Council may,by ordinance, upon the recommendation of the City Manager, transfer any unexpended and unencumbered appropriated amount or portion thereof from one fund or capital project to another fund of capital project account provided that the purpose for which the transferred funds are to be expended remains unchanged or the proposed transfer is from a fund or capital project account in which the amount appropriated exceeds the amount needed to accomplish the purpose specified in the appropriation ordinance; and WHEREAS, pursuant to Section 23-304 of the City Code, one percent (1%) of the funds appropriated for the construction of capital projects should be set aside in the Art in Public Places Reserve account in the Cultural Services and Facilities Fund, for use in the acquisition or leasing of works of art, maintenance, repair or display of works of art, and administrative expenses related to the Art in Public Places Guidelines adopted by Council in Ordinance No. 47, 1998; and WHEREAS,Article V, Section 9,of the Charter of the City of Fort Collins permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations,in combination with all previous appropriations for that fiscal year,does not exceed the then current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS,City staff has determined that the appropriation of the additional private sector contributions to be added with the previously appropriated BCC funds will not cause the total amount appropriated in the relevant funds to exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS,it is the desire of the City Council to appropriate the sum of$58,244 in private sector funding, upon receipt from Twice the Ice, to be used with existing appropriations, totaling $206,502, to complete improvements associated with the construction of the Studio Ice Rink at EPIC, approve a new total project cost of the Studio Ice Rink of$4,197,181, in order to provide for enhancement of the quality of the project,and to provide funding for the City's Art in Public Paces program by authorizing the transfer of$2,647 from the Capital Projects Fund Building Community Choices -EPIC Second Sheet of Ice capital project to the Art in Public Places Reserve Account in the Cultural Services and Facilities Fund. NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby determines that the total estimated cost of the Studio Ice Rink is Four Million One Hundred Ninety-Seven Thousand, One Hundred and Eighty- One Dollars ($4,197,181). Section 2. That the supplemental funding, or in-kind contributions, for the Studio Ice Rink from the private sector,having a value of at least 22%of the estimated cost of the project,must be received prior to expenditure of the previously appropriated additional BCC funds in the amount of$206,502. Section3. That there is hereby appropriated for expenditure from unanticipated revenue in the Capital Projects Fund Building Community Choices - EPIC Second Sheet of Ice capital project the sum of FIFTY-EIGHT THOUSAND TWO HUNDRED FORTY-FOUR DOLLARS ($58,244), upon receipt, from private sector contributions thereon to be used with existing appropriations to complete improvements associated with the construction of the Studio Ice Rink at EPIC. Section 4. That the unexpended appropriated amount of TWO THOUSAND SIX HUNDRED FORTY-SEVEN DOLLARS($2,647)is hereby authorized for transfer from the Capital Projects Fund Building Community Choices - EPIC Second Sheet of Ice capital project to the Art in Public Places Reserve Account in the Cultural Services and Facilities Fund, and appropriated therein, to be used for art associated with the completion of improvements to the Studio Ice Rink at EPIC. Introduced and considered favorably on first reading and ordered published this 18th day of March, A.D. 2003, and to be presented for final passage on the 1st day of April, A.D. 2003. Mayor ATTEST: City Clerk Passed and adopted on final reading this 1st day of April, A.D. 2003. Mayor ATTEST: City Clerk RESOLUTION 2003-031 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING REVISIONS TO THE POLICY FOR INDOOR ADVERTISING AT EPIC WHEREAS,the City of Fort Collins owns and operates the Edora Pool Ice Center("EPIC"); and WHEREAS, on October 4, 1988,the City Council, by Resolution 88-126, adopted a policy establishing guidelines for the sale of advertising on certain spaces within EPIC (the"Policy"); and WHEREAS, the City is nearing completion on a second sheet of ice at EPIC, and staff has recommended that the Policy be updated to specifically include the second sheet of ice; and WHEREAS, working with the City Attorney's Office, staff has drafted a revised Policy, which addresses the expansion of the facility,clarifies some of the earlier language, and makes the Policy more consistent with other similar City policies; and WHEREAS, the revised Policy was reviewed and supported by the Parks and Recreation Board at its meeting on December 4, 2002; and WHEREAS,the City Council believes that the proposed changes to the Policy are in the best interests of the City. NOW,THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS COLORADO that the "City of Fort Collins Cultural, Library, and Recreation Services Advertising Policy-Edora Pool Ice Center",attached hereto as Exhibit"A"and incorporated herein by this reference, is hereby adopted as the advertising policy to be used for the sale of advertising at the Edora Pool Ice Center. Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this 18th day of March, A.D. 2003. Mayor ATTEST: City Clerk EXHIBIT A City of Fort Collins Cultural, Library, and Recreational Services ADVERTISING POLICY—EDORA POOL ICE CENTER RECREATION DIVISION Purpose' This policy establishes guidelines for regulating advertising within the pool/ice arena facility known as EPIC. The facility staff may,when financially desirable,actively market and promote the sale of advertising space to generate revenue. Statement of Policy: 1. Advertising at EPIC may not include or constitute the following: (a) advertising that primarily conveys a political, religious, ideological or other non- commercial message; (b) advertisingof alcohol ortobacco products orotherproducts orservices availableonly to adults by law; (c) advertising that promotes illegal activities or transactions, that is misleading or deceptive, or constitutes a public nuisance; (d) advertising of any product or service primarily related to sexual or violent activities, or advertising of any product or service in a manner that is sexually suggestive, that displays or suggests violence, or is inappropriate for minors. 2. The City reserves the right to view any advertisement prior to its posting,and to reject,in the City's sole discretion, advertising that does not comply with the above guidelines. 3. Advertising rates will be established by staff and/or through the City's competitive bidding process. 4. Advertising will be limited to the following areas: • Panels located on the dump tanks of both ice resurfacers. • Designated sections of dasher board panels located on the east side of both ice arenas. • Advertising panels attached to the scoreboards in both ice arenas and the pool. • Marquee and portable kiosk space in areas designated by facility staff. • Lobby and hockey benches. • Banners or flags located in areas designated by facility staff. 5. Individual advertisers will be responsible for providing the advertising materials and any costs associated with the advertising materials and their display. 6. The length of the advertising contracts will vary based on location and type of event. 7. Annual advertising contracts forcertain spaces will be offeredthrough a competitive bidding process. Seasonal or event advertising for other spaces will be offered on a first-come,first- serve basis through the Facility Manager. 8. Advertisements do not reflect the views or recommendations of the City of Fort Collins,the Parks and Recreation Department, or its employees.