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COUNCIL - COMPLETE AGENDA - 06/02/2015 - COMPLETE AGENDA
City of Fort Collins Page 1 Wade Troxell, Mayor City Council Chambers Gerry Horak, District 6, Mayor Pro Tem City Hall West Bob Overbeck, District 1 300 LaPorte Avenue Ray Martinez, District 2 Fort Collins, Colorado Gino Campana, District 3 Kristin Stephens, District 4 Cablecast on City Cable Channel 14 Ross Cunniff, District 5 on the Comcast cable system Carrie Daggett Darin Atteberry Wanda Nelson City Attorney City Manager City Clerk The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224- 6001) for assistance. Regular Meeting June 2, 2015 (Revised 6/1/15) Proclamations and Presentations 5:30 p.m. A. Proclamation Declaring June 27, 2015 as Jan Brett Day. B. Proclamation Declaring June as Bike Month. C. Proclamation Declaring June 13, 2015 as Frank R. Ramirez Day. Regular Meeting 6:00 p.m. PLEDGE OF ALLEGIANCE CALL MEETING TO ORDER ROLL CALL Recognition of the Cityworks Graduates City of Fort Collins Page 2 AGENDA REVIEW: CITY MANAGER City Manager Review of Agenda. Consent Calendar Review This Review provides an opportunity for Council and citizens to pull items from the Consent Calendar. Anyone may request an item on this calendar be “pulled” off the Consent Calendar and considered separately. o Council-pulled Consent Calendar items will be considered before Discussion Items. o Citizen-pulled Consent Calendar items will be considered after Discussion Items. CITIZEN PARTICIPATION Individuals may comment regarding items scheduled on the Consent Calendar and items not specifically scheduled on the agenda. Comments regarding land use projects for which a development application has been filed should be submitted in the development review process** and not to the Council. Those who wish to speak are asked to sign in at the table in the lobby (for recordkeeping purposes). All speakers will be asked by the presiding officer to identify themselves by raising their hand, and then will be asked to move to one of the two lines of speakers (or to a seat nearby, for those who are not able to stand while waiting). The presiding officer will determine and announce the length of time allowed for each speaker. Each speaker will be asked to state his or her name and general address for the record, and to keep comments brief. Any written comments or materials intended for the Council should be provided to the City Clerk. A timer will buzz once and the timer light will turn yellow to indicate that 30 seconds of speaking time remain, and will buzz again and turn red when a speaker’s time to speak has ended. [**For questions about the development review process or the status of any particular development, citizens should consult the Development Review Center page on the City’s website at fcgov.com/developmentreview, or contact the Development Review Center at 221-6750.] CITIZEN PARTICIPATION FOLLOW-UP Consent Calendar The Consent Calendar is intended to allow the City Council to spend its time and energy on the important items on a lengthy agenda. Staff recommends approval of the Consent Calendar. Anyone may request an item on this calendar to be "pulled" off the Consent Calendar and considered separately. Agenda items pulled from the Consent Calendar will be considered separately under Pulled Consent Items. Items remaining on the Consent Calendar will be approved by City Council with one vote. The Consent Calendar consists of: ● Ordinances on First Reading that are routine; ● Ordinances on Second Reading that are routine; ● Those of no perceived controversy; ● Routine administrative actions. City of Fort Collins Page 3 1. Consideration and Approval of the Minutes of the May 5 and May 19, 2015 Regular Council Meetings. The purpose of this item is to approve the minutes from the May 5 and May 19, 2015 Regular Council meetings. 2. Second Reading of Ordinance No. 059, 2015, Appropriating Unanticipated Revenue for the Senior Center Expansion Project and Transferring Appropriations to the Cultural Services and Facilities Fund for Art in Public Places Program. The Ordinance, unanimously adopted on First Reading on May 19, 2015, appropriates an additional $50,000 to the Senior Center Expansion Project. These additional funds were raised by the Senior Center Expansion Committee to be used towards completing the new community gardens at the west end of the new parking lot for fencing, planter beds, etc. and also pay for additional furnishings inside the building, e.g. a piano, upgrading old light fixtures, benches, portable stage, coffee cart, etc. 3. Second Reading of Ordinance No. 060, 2015, Appropriating Prior Year Reserves and Unanticipated Revenues in the Natural Areas Fund for the Purpose of Providing Natural Areas Programming Not Included in the 2015 Adopted City Budget. This Ordinance, unanimously adopted on First Reading on May 19, 2015, appropriates $8,300,000 in prior year reserves and unanticipated revenues in the Natural Areas Fund. Of the total, $6,110,000 will be used for land conservation. With over $7M of land and water acquisitions under negotiation, there is a reasonable likelihood that most of these funds will be spent in 2015. 4. Second Reading of Ordinance No. 061, 2015, Authorizing the Replacement of a Notice of Interim Trail Use and the Conveyance or Vacation of the City’s Rights in a Portion of Property Known as the Rails-to-Trails Property. This Ordinance, adopted unanimously on First Reading on May 19, 2015, obtains authorization from City Council to terminate an existing Notice of Trail Use for a portion of Rails to Trails property located east of Taft Hill Road and north of Lincoln Middle School that the City does not have any current or future use for and vacate or convey the City’s remaining interests in the property. The City will request a replacement Notice of Interim Trail Use for the remaining Rails to Trails property. 5. First Reading of Ordinance No. 062, 2015, Appropriating Unanticipated Revenue Received from the Estate of Paul W. Gwyn in the Recreation Fund for the Senior Center and in the General Fund for the Poudre River Public Library District. The purpose of this item is to appropriate a gift from the Estate of Paul N. Gwyn for the Fort Collins Senior Center in the amount of $398,233 and for the Poudre River Library District (Library) also in the amount of $398,233. 6. First Reading of Ordinance No. 063, 2015, Appropriating Unanticipated Grant Revenue into the Transportation Services Fund for the Safe Routes to School Program. The purpose of this item is to request appropriation of unbudgeted funds received through a grant for the Safe Routes to School program (part of the City’s FC Moves Department). The Colorado Department of Transportation (CDOT) has awarded a $55,038 grant for implementation of a new school-rotation schedule in Fort Collins schools. This school-rotation plan ensures that students in all public schools in Fort Collins receive bike-pedestrian safety education on a regular basis. 7. Items Relating to the Vine Drive and Shields Street Intersection Improvement Project. A. Resolution 2015-057 Authorizing the Mayor to Execute an Intergovernmental Agreement with Larimer County to Receive Funding for the Vine Drive and Shields Street Intersection Improvements Project. City of Fort Collins Page 4 B. First Reading of Ordinance No. 064, 2015, Appropriating Unanticipated Revenue in the Capital Projects Fund for the Vine Drive and Shields Street Intersection Improvements Project and Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. The purpose of this item is to authorize the Mayor to sign an Intergovernmental Agreement (IGA) with Larimer County to receive additional funding for the Vine Drive and Shields Street Intersection Improvement Project, as well as appropriate the additional funding into the Capital Project Fund for the project. The City received a federally funded grant through the North Front Range Metropolitan Planning Organization (NFRMPO) for operational and safety improvements at the Vine Drive and Shields Street intersection, previously appropriated through Ordinance No. 076, 2012. Building on Basics (BOB) Intersection Funds and the Regional Road Impact Fee funds were used as matching funds for the grant. A construction cost estimate was developed in 2012. Due to escalating construction costs, the current estimate has increased by approximately 15%. City and County staff have identified the Regional Road Impact Fee as a supplemental funding source for the project. 8. First Reading of Ordinance No. 065, 2015, Making Various Amendments to the Land Use Code. The purpose of this item is to adopt a variety of revisions, clarifications and additions to the Land Use Code that are housekeeping and routine in nature and that have been identified since the last update in December 2014. 9. First Reading of Ordinance No. 066, 2015, Authorizing the Conveyance of a Permanent Access Easement on City Property to the City of Greeley. The purpose of this item is to authorize the conveyance of a permanent access easement to the City of Greeley along a dirt road on City Property known as the City Ditch. The City conveyed easements in 2014 to the City of Greeley (“Greeley”) to facilitate its Greeley Bellvue Pipeline Project (the “Project”) across a strip of property owned by the City’s Utility Department located south of the Poudre River and north of Bingham Hill Road, known as the City Ditch property. At that time, Greeley was also in negotiations with the neighboring property owner for easements across their property, including an access easement in order for Greeley to access the Project site. Greeley has reached an agreement for possession of the easements needed from the neighboring property owner; however, as part of that agreement, Greeley agreed to reroute its planned access route to instead use the dirt road on the City Ditch property. As such, Greeley has requested a permanent access easement for use of the dirt road on the City Ditch property to access its pipeline site. 10. Resolution 2015-058 Making Appointments to the Northern Colorado Regional Airport Commission. The purpose of this item is to appoint Mayor Wade Troxell, City Manager Darin Atteberry and Jerry Stooksbury to the Northern Colorado Regional Airport Commission. END CONSENT CONSENT CALENDAR FOLLOW-UP This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. STAFF REPORTS A. Code compliance regarding grass and weed enforcement. B. Police Services bicycle enforcement project. City of Fort Collins Page 5 COUNCILMEMBER REPORTS CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS Discussion Items The method of debate for discussion items is as follows: ● Mayor introduces the item number, and subject; asks if formal presentation will be made by staff ● Staff presentation (optional) ● Mayor requests citizen comment on the item (three minute limit for each citizen) ● Council questions of staff on the item ● Council motion on the item ● Council discussion ● Final Council comments ● Council vote on the item Note: Time limits for individual agenda items may be revised, at the discretion of the Mayor, to ensure all citizens have an opportunity to speak. Please sign in at the table in the back of the room. The timer will buzz when there are 30 seconds left and the light will turn yellow. It will buzz again at the end of the speaker’s time. 11. Resolution 2015-059 Adopting an Update to the Economic Health Strategic Plan for the City of Fort Collins. (staff: Josh Birks, Jeff Mihelich; 5 minute staff presentation; 20 minute discussion) The purpose of this agenda item is to consider approval of an update to the Economic Health Strategic Plan previously approved by City Council on June 26, 2012 (Resolution 2012-044; Vote: 7- 0 in favor). The update responds to a City Council request to evaluate changes to the existing strategic plan and seeks alignment with the objectives of the Sustainability Service Area (formed in 2012). The update introduces five themes around which to organize the City’s economic health activities: Community Prosperity Grow Our Own Place Matters The Climate Economy Think Regionally 12. Items Relating to the Renewal of the Cable Franchise Agreement with Comcast of California/Colorado LLC. (staff: Dan Coldiron, Kelly DiMartino; 10 minute staff presentation; 45 minute discussion) A. First Reading of Ordinance No. 067, 2015, Granting a Non-Exclusive Franchise to Comcast of California/Colorado, LLC and its Successors and Assigns for the Right to Make Reasonable Use of, and Erect, Construct, Operate and Maintain Through, the Public Rights-Of-Way, Easements and Other Public Property, Any Equipment Necessary and Appurtenant to the Operation and Maintenance of a Cable System and the Provision of Cable Services to Citizens Within the City. B. First Reading of Ordinance No. 068, 2015, Establishing New City of Fort Collins Customer Service Standards for Cable Television. The purpose of this item is to renew the Cable Franchise Agreement from the City of Fort Collins to Comcast of California/Colorado LLC and establish new Customer Service Standards - Cable Television. The current agreement will expire on July 31, 2015. Following extensive community outreach, staff and Council identified a number of priorities for the negotiation process. With the City of Fort Collins Page 6 assistance of outside legal counsel, staff has negotiated a proposed 10-year agreement with Comcast that addresses the majority of these priorities. 13. First Reading of Ordinance No. 069, 2015, Amending Section 1.3.4 of the Land Use Code to Exclude Certain Residential Zone Districts from the "Addition of Permitted Use" Process. (staff: Laurie Kadrich, Cameron Gloss; 5 minute staff presentation; 45 minute discussion) The purpose of this item is to amend the Land Use Code so that the ability to apply the Addition of Permitted Use process in nine zone districts would not be allowed. 14. First Reading of Ordinance 070, 2015, Appropriating Prior Year Reserves in the General Fund for Transfer to the Capital Projects Fund for the Lincoln Corridor Improvements Project and Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. (staff: Rick Richter, Erika Keeton; 5 minute staff presentation; 20 minute discussion) The purpose of this item is to appropriate the remaining funding for design, right of way acquisition and construction of the Lincoln Avenue Improvements from 1st Street to Lemay Avenue. The scope of the proposed improvements is based on the concepts approved in the Lincoln Corridor Plan with a reduced level of enhancement consistent with the proposed budget. Based on the Lincoln Corridor Plan estimated cost of $19.3 million for the entire project from Jefferson to Lemay, the cost to improve the section from 1st Street to Lemay Avenue is $8 million. With the reduced level of enhancements currently approved, the project is estimated to cost $6.5 million. This Council action would appropriate $1,968,119 from General Fund Reserves. 15. First Reading of Ordinance No. 071, 2015, Authorizing the Mayor to Execute an Intergovernmental Agreement with the Board of Governors of Colorado State University establishing a Stormwater Utility Service Agreement. (staff: Jon Haukaas, Ken Sampley; 5 minute staff presentation; 15 minute discussion) THIS ITEM HAS BEEN WITHDRAWN AND MOVED TO JULY 7, 2015 The purpose of this item is to approve an intergovernmental agreement to establish a Stormwater Utility Service Agreement between the City of Fort Collins Utilities and Colorado State University (CSU). Under this IGA, CSU will agree to follow the standards, requirements, and conditions related to stormwater management set forth in Chapter 26 of the City Code. The IGA establishes a baseline of impervious area above which an additional Plant Investment Fee would be required for an increase of impervious surface. Finally, CSU will be required to pay monthly Stormwater Utility Fees adjusted by a rate formula that reflects the benefits to the City system by the additional detention provided on the CSU campus and the costs associated with the operation of CSU’s own Municipal Separate Storm Sewer System (MS4). CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS OTHER BUSINESS ADJOURNMENT A. Motion to cancel the June 16, 2015 Regular Council meeting. B. Call of Special Meeting at 6:00 p.m., Monday, June 15, 2015 for a possible executive session for the mid-year reviews of the City Manager, City Attorney and Municipal Judge. City of Fort Collins Page 7 Every Council meeting will end no later than 10:30 p.m., except that: (1) any item of business commenced before 10:30 p.m. may be concluded before the meeting is adjourned and (2) the City Council may, by majority vote, extend a meeting until no later than 12:00 a.m. for the purpose of considering additional items of business. Any matter which has been commenced and is still pending at the conclusion of the Council meeting, and all matters scheduled for consideration at the meeting which have not yet been considered by the Council, will be continued to the next regular Council meeting and will be placed first on the discussion agenda for such meeting. PROCLAMATION WHEREAS, the City of Fort Collins recognizes that the Fort Collins Museum of Art, a non-profit, has for over thirty years uniquely served the Fort Collins community and region with the best local, regional and national art exhibitions; and WHEREAS, the Fort Collins Museum of Art is exhibiting the original paintings of renown author illustrator Jan Brett during the summer of 2015; and WHEREAS, Jan Brett is one of the foremost author illustrators of children’s books in America today with over 39 million books in print; and WHEREAS, Jan Brett’s books have influenced countless generations of young people through her boundless imagination, passion, talent, writing and drawing talents for the past twenty-five years and has created a lasting legacy in which Fort Collins citizens will benefit; and WHEREAS, Jan Brett will be in Fort Collins on Saturday, June 27th, for a drawing demonstration and book signing. NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby proclaim Saturday, June 27, 2015 as JAN BRETT DAY IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 2nd day of June, A.D. 2015. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 8 PROCLAMATION WHEREAS, thousands of Fort Collins residents will experience the joys of bicycling during the month of June through educational programs, commuting events, races, groups rides, or just getting out and going for a ride; and WHEREAS, Fort Collins encourages the increased use of the bicycle, benefiting all citizens by fostering physical and mental health, improving air quality, reducing traffic congestion and noise, decreasing the use of and dependence upon finite energy sources; and WHEREAS, the City of Fort Collins recognizes the use of bicycles as a viable mode of transportation, endeavors to promote safe and responsible bicycling and is committed to incorporating the development of bicycle facilities; and WHEREAS, our City maintains nearly 280 miles of bikeway network which attract thousands of bicyclists each year; and WHEREAS, Fort Collins is nationally recognized as a Platinum Level Bicycle Friendly Community; and WHEREAS, the FC Bikes Program, the League of American Bicyclists, the Bicycle Ambassador Program, Safe Route to School, and other local businesses and organizations will be promoting bicycling as a viable means of transportation during the month of June 2014. NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby proclaim the month of June 2015 as BIKE MONTH in Fort Collins and I encourage citizens to try bicycling as a sensible mode of transportation or recreation and to participate in the many events planned for the summer months, particularly, the 28th annual Bike to Work Day on June 24. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 2nd day of June, A.D. 2015. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 9 PROCLAMATION WHEREAS, Frank R. Ramirez, a successful, local entrepreneur, has dedicated his entire life to Scouting; and WHEREAS, Mr. Ramirez received his Eagle Scout award in 1971, is a recipient of Scouting’s Silver Beaver Award in 2012, Silver Antelope Award in 2009, and has earned his Wood Badge Beads, the highest level of adult Scout leader training available; and WHEREAS, he is a member of the National Executive Council of the Boy Scouts of America where he chairs the Program Impact Committee, is a member of the Western Region Advisory Council and is a past Council President and current Officer of the Longs Peak Council Board of Directors; and WHEREAS, Mr. Ramirez is a James E. West and Second Century member and is a frequent keynote speaker at fundraising and leadership events for Scouting; and WHEREAS, Mr. Ramirez and his wife, Karen, served as the host couple of the 2012 Report to the Nation Delegation and are the parents of two Eagle Scouts, Rick and Ryan; and WHEREAS, Mr. Ramirez has recently been selected by the Boy Scouts of America National Eagle Scout Association to receive the Distinguished Eagle Scout Award, which was established to acknowledge Eagle Scouts who have received extraordinary national-level recognition, fame or eminence within their field and have a strong voluntary service to their community; and WHEREAS, Fort Collins is honored to have Frank R. Ramirez as a member of our community. NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby declare June 13, 2015 as FRANK R. RAMIREZ DAY in recognition of Mr. Ramirez’s accomplishments in life and his service to Scouting. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 2nd day of June, A.D. 2015. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 10 Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY June 2, 2015 City Council STAFF Sara Gonzales, Council Agenda Coordinator SUBJECT Consideration and Approval of the Minutes of the May 5 and May 19, 2015 Regular Council Meetings. EXECUTIVE SUMMARY The purpose of this item is to approve the minutes from the May 5 and May 19, 2015 Regular Council meetings. ATTACHMENTS 1. May 5, 2015 (PDF) 2. May 19, 2015 (PDF) Packet Pg. 11 City of Fort Collins Page 121 May 5, 2015 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Regular Meeting – 6:00 PM ROLL CALL PRESENT: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak Staff Present: Atteberry, Daggett, Nelson AGENDA REVIEW: CITY MANAGER City Manager Atteberry withdrew the Downtown Update and Senior Center staff reports. Consent Agenda Item No. 7, Second Reading of Ordinance No. 053, 2015, Extending the Terms of a Non-Exclusive Franchise by the City of Fort Collins to Comcast of California/Colorado LLC and its Successors and Assigns for the Right to Make Reasonable Use Of, and Erect, Construct, Operate and Maintain Through, the Public Rights-of-Way, Easements and Other Public Property Any Equipment Necessary and Appurtenant to the Operation and Maintenance of a Cable System and the Provision of Cable Services to Citizens Within the City, has been moved to the discussion agenda in order to consider a possible continuation to May 19. CITIZEN PARTICIPATION Nancy York congratulated newly elected Councilmembers and requested the upcoming Council retreat be videotaped for broadcast on Cable 14 in order to increase transparency. Stacy Lynne discussed a notice of claim filed against the City, Police Services, the Larimer County Sherriff’s Office and the 8 th Judicial District. Charles David Ham congratulated newly elected Councilmembers and commended City Manager Atteberry on his work. He opposed the direction the City and CSU are taking in controlling population growth. He provided various suggestions for controlling growth and opposed the on-campus stadium. Eric Sutherland opposed the signature verification process for the municipal election and discussed a lawsuit he has filed claiming voters were misled. CITIZEN PARTICIPATION FOLLOW-UP Mayor Troxell disagreed with Ms. Lynne’s assertions and stated he stands by his earlier comments. Councilmember Martinez asked if the population increase data provided by Mr. Ham is correct. City Manager Atteberry replied the City’s ultimate build-out is expected to be between 25 and 32 years from now at a population of 255,000 in the growth management boundary. Currently, the City’s population is approximately 158,000. Packet Pg. 12 Attachment: May 5, 2015 (3233 : Minutes-5/5, 5/19) City of Fort Collins Page 122 Mayor Pro Tem Horak requested a follow-up regarding the signature verification process and potential plans for changes in the future. Councilmember Cunniff stated Council did not opt to have its retreat videotaped; however, he encouraged that decision to be reviewed in the future. Mayor Troxell noted there is a possibility of the retreat location being moved closer to the city center. City Manager Atteberry replied the Saturday evening portion of the retreat will be in the downtown area and the Sunday location has yet to be determined, but is likely to be the Innosphere. Additionally, he noted the City will provide transportation to the retreat for any individuals needing that service. CONSENT CALENDAR Mayor Pro Tem Horak withdrew Item No. 3, Second Reading of Ordinance No. 048, 2015, Authorizing the Conveyance of City Property to Walnut Street 354, LLC, from the Consent Calendar. Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt and approve all items not withdrawn from the Consent Calendar. RESULT: CONSENT CALENDAR ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Gino Campana, District 3 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak 1. Consideration and Approval of the Minutes of the March 3, March 17 and April 21, 2015, Regular Council meetings and the February 27 and March 24, 2015 Adjourned Council Meetings. (Adopted) The purpose of this item is to approve the minutes from the March 3, March 17 and April 21, 2015 Regular Council meetings and the February 27 and March 24, 2015 Adjourned Council Meetings. 2. Second Reading of Ordinance No. 044, 2015, Reappropriating Funds Previously Appropriated in 2014 But Not Expended and Not Encumbered in 2014. (Adopted) This Ordinance, unanimously adopted on First Reading on April 21, 2015, reappropriates 2014 appropriations approved by City Council that lapsed at the end of 2014. The authorized expenditures were not spent and could not be encumbered in 2014 because there was not sufficient time to complete bidding in 2014 and therefore, there was no known vendor or binding contract as required to expend or encumber the monies; the project for which the dollars were originally appropriated by Council could not be completed during 2014 and reappropriation of those dollars is necessary for completion of the project in 2015; or to carry on programs, services, and facility improvements in 2015 with unspent dollars previously appropriated in 2014. 3. Second Reading of Ordinance No. 049, 2015, Designating the Holmes/Manges Property, 1202 LaPorte Avenue, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. (Adopted) This Ordinance, unanimously adopted on First Reading on April 21, 2015, designates the Holmes/Manges property, 1202 LaPorte Avenue as a Fort Collins Landmark. The owner of this property, Sharon Manges, is initiating this request. Packet Pg. 13 Attachment: May 5, 2015 (3233 : Minutes-5/5, 5/19) City of Fort Collins Page 123 4. Second Reading of Ordinance No. 050, 2015, Designating the Longyear Property, 719 Remington Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. (Adopted) This Ordinance, unanimously adopted on First Reading on April 21, 2015, designates the Longyear Property, 719 Remington Street, as a Fort Collins Landmark. Owner James Danella is requesting this designation. 5. Second Reading of Ordinance No. 052, 2015, Amending Chapter 26 of the Code of the City of Fort Collins to Allow for the Waiver of Certain Requirements for a Temporary Connection to the Water System as an Irrigation Source for the Establishment of Native Vegetation. (Adopted) This Ordinance, unanimously adopted on First Reading on April 21, 2015, amends City Code to allow the Utilities Executive Director the option to waive the water plant investment fee (WPIF) for projects that only require irrigation for the establishment of native vegetation during the first three years of growth. The City has actively pursued native vegetation for greenspaces and landscaping as a means to reduce long term demand and improve the sustainability of water availability in our region. Successful establishment of such vegetation typically requires irrigation in its first two to three years. After establishment, it can be successful with only the limited natural precipitation of the area. City Code requires that all connections to the water utility pay a WPIF. With this change, the Utilities Executive Director may waive the WPIF for projects that only require irrigation for the establishment of native vegetation during these first three years of growth. All charges for water use would be due by the requesting customer as well as the costs to disconnect at the end of that period. After further discussion, this item was modified to apply to any project meeting these goals. The Ordinance has been amended on Second Reading to revise the definition of native vegetation. 6. First Reading of Ordinance No. 054, 2015, Appropriating Unanticipated Grant Revenue in the General Fund and Authorizing the Transfer of Appropriated Amounts Between Accounts and Projects for the Multi-Jurisdictional Northern Colorado Drug Task Force. (Adopted) Fort Collins Police Services applied to the Office of National Drug Control Policy and the Department of Justice on behalf of the Northern Colorado Drug Task Force (NCDTF) for federal grant monies to help fund the investigation of illegal narcotics activities in Larimer County. These grant awards will be used to offset joint task force operations. In addition, because of the significant decrease in federal funds available for drug enforcement, the drug task force is transferring $256,160 from its forfeiture reserve account to its 2015 operating budget to cover unfunded expenses. The majority of the forfeiture reserve account is made up of assets seized from people engaged in illegal drug activities. 7. First Reading of Ordinance No. 055, 2015, Vacating Right-of-Way as Dedicated on a Plat of Registry Ridge Fourth Filing. (Adopted) The purpose of this item is to vacate Cabot Court, Nimitz Drive, Hornet Drive, Kitty Hawk Court and Enterprise Drive right-of-way that is no longer necessary or desirable to retain for street purposes. The property is proposed to be replatted as Registry Ridge Seventh Filing, which was approved through an Administrative Hearing on March 5, 2015. 8. First Reading of Ordinance No. 056, 2015, Vacating Portions of the Rights-of-Way as Dedicated on the Plat of Riverside Park. (Adopted) The purpose of this item is to vacate portions of College Avenue right-of-way at the southwest corner of North College Avenue and Pinion Street. Packet Pg. 14 Attachment: May 5, 2015 (3233 : Minutes-5/5, 5/19) City of Fort Collins Page 124 9. Resolution 2015-048 Making Board and Commission Liaison Assignments and Various Committee, Board and Authority Appointments. (Adopted) The purpose of this item is to make Councilmember liaison assignments to boards and commissions and make various committee, board and authority appointments. STAFF REPORTS City Manager Atteberry announced Public Employee Appreciation week. Mayor Troxell presented the 2015 City Employee awards. Jason Graham, Lindsay Kuntz, and Jackie Pearson received the Standard of Excellence award. Armando DeLaSantos, Lisa Robles and Carl Sanders received the Customer Service award. Doreen Kemp, Robert St. John and Grant Smith received the Vision, Values and Mission award. The Advanced Meter Infrastructure team, Cemeteries team, and the Transfort team received awards for Superior Customer Service, representing the City’s Vision, Mission and Values and setting a Standard of Excellence. COUNCILMEMBER REPORTS Councilmember Overbeck reported on a tour of the Murphy Center. Councilmember Cunniff reported on his receipt of $12 in the mail which he will donate to Save the Poudre. Councilmember Martinez reported on his participation in the International Student dinner at CSU. He thanked City Manager Atteberry for the community updates and reports. Additionally, he reported on his attendance at the Quest for Excellence lunch and asked City Manager Atteberry to report on the award received by the City. City Manager Atteberry discussed the City’s participation in the Rocky Mountain Performance Excellence Program. Mayor Pro Tem Horak reported on his participation at a Teaching Tree fundraiser and suggested the inclusion of sliding scale daycare facilities in new buildings. Additionally, he reported on the Platte River Power Authority Board meeting and Poudre Fire Authority’s approval of an agreement with UC Health to provide ambulance service. Mayor Pro Tem Horak also reported on his attendance at the Resilient City Summit. CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS 10. Second Reading of Ordinance No. 048, 2015, Authorizing the Conveyance of City Property to Walnut Street 354, LLC. (Adopted on Second Reading) This Ordinance, unanimously adopted on First Reading on April 21, 2015, conveys approximately 3,800 square feet of City property to Walnut Street 354, LLC for utilization in the development of a downtown hotel and convention center at 354 Walnut Street, the former location of the Armadillo Restaurant. The property will be purchased by the developer at fair market value, as determined by the City. Additionally, the conveyance will be subject to a public access and utility easement reservation which allows the subject property to continue to be utilized for these purposes, just as it is today. Mayor Pro Tem Horak stated community members have expressed concern regarding the possible demolition of the garage at 354 Walnut Street. Packet Pg. 15 Attachment: May 5, 2015 (3233 : Minutes-5/5, 5/19) City of Fort Collins Page 125 Lucia Liley, attorney representing Walnut Street 354, LLC, stated the garage will not remain on the site due to size constraints of the property as it has not been determined to be eligible for historic status. However, the developer is planning to individually remove bricks from the garage and give them to the Downtown Development Authority board for reuse. Eric Sutherland questioned whether or not the City owns the property and requested assurance no conflicts of interest are present regarding the developer and the DDA board. Additionally, he discussed tax increment financing. Councilmember Cunniff requested information regarding the City's ownership of the property. Patrick Rowe, Real Estate Services, replied the City does own the property by recorded deed. Councilmember Campana made a motion, seconded by Councilmember Martinez, to adopt Ordinance No. 048, 2015, on Second Reading. Councilmember Cunniff stated he would support the conveyance of the property. RESULT: ORDINANCE NO. 048, 2015, ADOPTED ON SECOND READING [UNANIMOUS] MOVER: Gino Campana, District 3 SECONDER: Ray Martinez, District 2 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak DISCUSSION ITEMS 11. Items Relating to Appropriation of Funds to Reimburse Woodward, Inc. For Development Fees, Capital Improvement Expansion Fees and Use Tax. (Adopted on First Reading) Option 1: First Reading of Ordinance No. 057, 2015, Appropriating Prior Year Reserves in the General Fund to Reimburse Woodward, Inc. for Development Fees, Capital Expansion Improvement Fees, and Use Tax. Option 2: First Reading of Ordinance No. 058, 2015, Appropriating Prior Year Reserves in the General, Capital Expansion, and Street Oversizing Funds to Reimburse Woodward, Inc. for Development Fees, Capital Expansion Improvement Fees, and Use Tax. The purpose of this item is to appropriate $2,107,261 of prior year reserves for a rebate to Woodward for fees and use tax as approved by City Council on April 2, 2013 (Ordinance No. 055, 2013). Ordinance No. 055, 2013 approved an agreement between the City, Downtown Development Authority (DDA), and Woodward, Inc. The agreement provides Business Investment Assistance for the relocation of Woodward’s headquarters as well as an expansion of its manufacturing and office facilities to a new location at the corner of Lincoln Avenue and Lemay Avenue. The project will retain or create between 1,400 and 1,700 primary jobs in the City. The City’s assistance includes a rebate of Use Tax, Development Fees, and Capital Improvement Expansion Fees. The Council is presented with two options. Option 1 is an ordinance that would appropriate all rebates from the General Fund’s prior year reserves. Option 2 is an ordinance that would also appropriate all the rebates from the General Fund’s prior year reserves, except for the rebate of Capital Improvement Expansion Fees, which would be appropriated from the prior year reserves in the Capital Expansion and Street Oversizing funds for the rebated Capital Improvement Expansion Fees. Council should adopt only one of the proposed options; the other ordinance will be withdrawn. Packet Pg. 16 Attachment: May 5, 2015 (3233 : Minutes-5/5, 5/19) City of Fort Collins Page 126 Mike Beckstead, Chief Financial Officer, stated this is not a new incentive but is tied to the incentive package approved by Council in 2013 and is related to rebates of certain types of fees paid by Woodward. Capital expansion fees, including street oversizing, could be rebated out of the capital improvement expansion fund rather than the general fund should Council desire. This is the first time the City has rebated capital expansion fees as part of a financial incentive package. Eric Sutherland stated the decision made by Council in 2013 regarding the rebates is not binding to this Council. He discussed violations of public finance law. Councilmember Martinez asked what option is being recommended by staff. Beckstead replied flexibility is an asset and expressed support for Option 2. Councilmember Martinez commended Beckstead on his work, particularly related to public finance. Councilmember Cunniff discussed the importance of predictability and purposing of fee revenues. He stated the General Fund should be used to provide for economic development and other activities and supported Option 1. Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt Ordinance No. 058, 2015, Option 2. Councilmember Cunniff requested a discussion regarding the rationale of support for Option 2. Councilmember Martinez cited the staff recommendation. City Manager Atteberry withdrew Ordinance No. 057, 2015, therefore requiring no further action by Council regarding this Ordinance. RESULT: ORDINANCE NO. 058, 2015, ADOPTED ON FIRST READING [5 TO 2] MOVER: Gerry Horak, District 6 SECONDER: Gino Campana, District 3 AYES: Martinez, Stephens, Campana, Troxell, Horak NAYS: Overbeck, Cunniff 12. Items Relating to Appointments of Councilmembers as the Planning and Zoning Board Liaison, Downtown Development Authority Board Member, and City/Colorado State University Leadership Committee Members. (Adopted) A. Resolution 2015-049 Appointing a Council Liaison to the Planning & Zoning Board. B. Resolution 2015-050 Appointing a Council Representative and Alternate to the Downtown Development Authority Board. C. Resolution 2015-051 Appointing Council Representatives to the City/Colorado State University Leadership Committee. The purpose of this item is to make Councilmember liaison assignments to the Planning and Zoning Board, the Downtown Development Authority, and the City/Colorado State University Leadership Committee. Mayor Troxell stated this item would make Council liaison appointments to the Planning and Zoning Board, Downtown Development Authority, and the City/CSU Leadership Committee. Packet Pg. 17 Attachment: May 5, 2015 (3233 : Minutes-5/5, 5/19) City of Fort Collins Page 127 Eric Sutherland requested Council pay attention to ambiguous language which permitted the extension of the DDA. Additionally, he discussed tax increment finance. Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt Resolution 2015-049, appointing Councilmember Martinez as the Planning and Zoning Board liaison. RESULT: RESOLUTION 2015-049 ADOPTED [4 TO 3] MOVER: Gerry Horak, District 6 SECONDER: Gino Campana, District 3 AYES: Martinez, Campana, Troxell, Horak NAYS: Stephens, Overbeck, Cunniff Mayor Pro Tem Horak made a motion, seconded by Councilmember Campana, to adopt Resolution 2015-050, appointing Councilmember Martinez as the DDA liaison and Councilmember Campana as the alternate DDA liaison. Councilmember Cunniff expressed concern this appointment violates Council unadopted precedent that a Councilmember should be given the opportunity to continue a liaison appointment. Mayor Troxell stated there has never been any written policy regarding liaison appointments. RESULT: RESOLUTION 2015-050 ADOPTED [4 TO 3] MOVER: Gerry Horak, District 6 SECONDER: Gino Campana, District 3 AYES: Martinez, Campana, Troxell, Horak NAYS: Stephens, Overbeck, Cunniff Councilmember Martinez made a motion, seconded by Mayor Pro Tem Horak, to adopt Resolution 2015-051, appointing Mayor Troxell and Councilmember Campana as representatives on the City/CSU Leadership Committee. RESULT: RESOLUTION 2015-051 ADOPTED [4 TO 3] MOVER: Ray Martinez, District 2 SECONDER: Gerry Horak, District 6 AYES: Martinez, Campana, Troxell, Horak NAYS: Stephens, Overbeck, Cunniff 13. Second Reading of Ordinance No. 053, 2015, Extending the Terms of a Non-Exclusive Franchise by the City of Fort Collins to Comcast of California/Colorado LLC and its Successors and Assigns for the Right to Make Reasonable Use Of, and Erect, Construct, Operate and Maintain Through, the Public Rights-of-Way, Easements and Other Public Property Any Equipment Necessary and Appurtenant to the Operation and Maintenance of a Cable System and the Provision of Cable Services to Citizens Within the City. (Postponed to May 19, 2015) Packet Pg. 18 Attachment: May 5, 2015 (3233 : Minutes-5/5, 5/19) City of Fort Collins Page 128 This Ordinance, unanimously adopted on First Reading on April 21, 2015, extends the current Cable Franchise Agreement between the City of Fort Collins and Comcast of California/Colorado, LLC (Comcast) for a period of 47 days to July 31, 2015. The current, extended agreement expires June 14, 2015. City staff and Comcast representatives have reached mutual agreement on the final elements of the new agreement. The additional 47 days will allow for more time for public input prior to the consideration of the new agreement by Council. The proposed extension will maintain the terms and conditions of the existing Franchise for the duration of the extension. City Manager Atteberry recommended continuing this item to May 19 for additional work. Mayor Pro Tem Horak asked if postponement to a later date would be beneficial. Kelly DiMartino, Assistant City Manager, replied this item would extend the current Comcast agreement through July 31. She stated Council will have the option to extend the agreement beyond that date at the May 19 hearing. Mayor Pro Tem Horak made a motion, seconded by Councilmember Stephens, to postpone this item to May 19. RESULT: POSTPONED TO MAY 19, 2015 [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Kristin Stephens, District 4 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak ADJOURNMENT The meeting adjourned at 7:50 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk Packet Pg. 19 Attachment: May 5, 2015 (3233 : Minutes-5/5, 5/19) City of Fort Collins Page 129 May 19, 2015 COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council-Manager Form of Government Regular Meeting – 6:00 PM ROLL CALL PRESENT: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak Staff Present: Atteberry, Daggett, Nelson AGENDA REVIEW: CITY MANAGER City Manager Atteberry stated item the Resolution number for Item No. 8, Public Hearing and Resolution 2015-056 Approving the Programs and Projects That Will Receive Funds From the Federal Community Development Block Grant Program (CDBG), the Home Investment Partnerships Program (HOME), and the City's Affordable Housing Fund (AHF) and Human Services Program (HSP) has been amended. CITIZEN PARTICIPATION Cheryl Distaso, Fort Collins Community Action Network, read a Soap Box article written by an individual regarding the destruction of stored personal belongings at the Murphy Center. Britton (no last name given) continued reading the article started by Ms. Distaso. Fred Kirsch, Community for Sustainable Energy, encouraged the placement of energy grade disclosure information in advertising for building rents or leases. Additionally, he requested adoption of language which would require these disclosures. Nancy York read a letter from several local groups who oppose the proposed Old Town Square natural gas fire pit. John Anderson discussed Council’s position on corporate personhood and campaign finance and the importance of earning respect. Chris Snuck announced Fort Collins Startup Week at the Lincoln Center. David Ham discussed Fort Collins’ population statistics and applauded the work done by Planning Director Cameron Gloss. Desiree Fiske commended the Climate Action Plan and announced the Worldwide Views on Climate Change and Energy meeting to be hosted by CSU. LeAnne Garfield Massey, Respite Care Executive Director, thanked Council for the funding recommendation received as part of the spring competitive process. Seth Kelly, Base Camp Executive Director, thanked Council for the funding recommendation received as part of the spring competitive process. Packet Pg. 20 Attachment: May 19, 2015 (3233 : Minutes-5/5, 5/19) City of Fort Collins Page 130 Kevin Cross, Fort Collins Sustainability Group, encouraged staff to develop mid-cycle budget offers focused on Climate Action Plan implementation. Joanne Vandewall, Elderhaus Adult Day Program, thanked Council for the funding recommendation received as part of the spring competitive process. Hamidah Glasgow, Center for Fine Art Photography Executive Director, thanked the Cultural Resources Board for its Fort Fund grant funding recommendation. Laurie Klith, Center for Family Outreach Executive Director, thanked Council for the funding recommendation received as part of the spring competitive process. Laurie Sand, Center for Fine Art Photography Boardmember, thanked the Cultural Resources Board for its Fort Fund grant funding recommendation. Krista Chause, Child Safe, thanked the Cultural Resources Board for its Fort Fund grant funding recommendation. Herman Tierman, La Familia, thanked the Cultural Resources Board for its Fort Fund grant funding recommendation. CITIZEN PARTICIPATION FOLLOW-UP Councilmember Martinez expressed appreciation for the non-profit representatives who attended. Councilmember Stephens expressed appreciation for the CDBG Commission, Cultural Resources Board, and staff who worked on the spring competitive process funding recommendations. Councilmember Campana discussed his attendance at the DDA meeting during which John Phelan from Utilities gave a presentation regarding meeting Climate Action Plan goals. Additionally, he discussed the Murphy Center and Serve 6.8’s contributions to the community. Councilmember Cunniff asked if budget offers regarding the Climate Action Plan are anticipated for the mid-cycle budget. City Manager Atteberry replied he anticipates those offers Councilmember Cunniff discussed the use of decorative gas fireplaces in the Old Town Square area. Mayor Pro Tem Horak discussed campaign finance and the fact that private corporation funding cannot be restricted based on federal law. Additionally, he requested an update from Social Sustainability regarding the concerns about the storage of personal belongings at the Murphy Center. Packet Pg. 21 Attachment: May 19, 2015 (3233 : Minutes-5/5, 5/19) City of Fort Collins Page 131 CONSENT CALENDAR Eric Sutherland withdrew Item No. 7, Resolution 2015-055 Adopting Amendments to the Financial Management Policies by Combining and Revising General Policies, Fund Policies and Capital Improvement Fund Policies, from the Consent Calendar. Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt and approve all items not withdrawn from the Consent Calendar. RESULT: ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak 1. Second Reading of Ordinance No. 054, 2015, Appropriating Unanticipated Grant Revenue in the General Fund and Authorizing the Transfer of Appropriated Amounts Between Accounts and Projects for the Multi-Jurisdictional Northern Colorado Drug Task Force. (Adopted) Fort Collins Police Services applied to the Office of National Drug Control Policy and the Department of Justice on behalf of the Northern Colorado Drug Task Force (NCDTF) for federal grant monies to help fund the investigation of illegal narcotics activities in Larimer County. These grant awards will be used to offset joint task force operations. In addition, because of the significant decrease in federal funds available for drug enforcement, the drug task force is transferring $256,160 from its forfeiture reserve account to its 2015 operating budget to cover unfunded expenses. The majority of the forfeiture reserve account is made up of assets seized from people engaged in illegal drug activities. 2. Second Reading of Ordinance No. 055, 2015, Vacating Right-of-Way as Dedicated on a Plat of Registry Ridge Fourth Filing. (Adopted) The Ordinance, unanimously adopted on First Reading on May 5, 2015, vacates Cabot Court, Nimitz Drive, Hornet Drive, Kitty Hawk Court and Enterprise Drive right-of-way that is no longer necessary or desirable to retain for street purposes. The property is proposed to be replatted as Registry Ridge Seventh Filing, which was approved through an Administrative Hearing on March 5, 2015. 3. Second Reading of Ordinance No. 056, 2015, Vacating Portions of the Rights-of-Way as Dedicated on the Plat of Riverside Park. (Adopted) The Ordinance adopted unanimously on First Reading on May 5, 2015, vacates portions of College Avenue right-of-way at the southwest corner of North College Avenue and Pinion Street. 4. First Reading of Ordinance No. 059, 2015, Appropriating Unanticipated Revenue for the Senior Center Expansion Project and Transferring Appropriations to the Cultural Services and Facilities Fund for Art in Public Places Program. (Adopted on First Reading) The purpose of this item is to appropriate an additional $50,000 to the Senior Center Expansion Project. These additional funds were raised by the Senior Center Expansion Committee to be used towards completing the new community gardens at the west end of the new parking lot for fencing, planter beds, etc. and also pay for additional furnishings inside the building, e.g. a piano, upgrading old light fixtures, benches, portable stage, coffee cart, etc. Packet Pg. 22 Attachment: May 19, 2015 (3233 : Minutes-5/5, 5/19) City of Fort Collins Page 132 5. First Reading of Ordinance No. 060, 2015, Appropriating Prior Year Reserves and Unanticipated Revenues in the Natural Areas Fund for the Purpose of Providing Natural Areas Programming Not Included in the 2015 Adopted City Budget. (Adopted on First Reading) The purpose of this item is to approve an Ordinance appropriating $8,300,000 in prior year reserves and unanticipated revenues in the Natural Areas Fund. Of the total, $6,110,000 will be used for land conservation. With over $7M of land and water acquisitions under negotiation, there is a reasonable likelihood that most of these funds will be spent in 2015. Prior to 2004, the Natural Areas Department (NAD) projects were funded through the Capital Projects Fund and therefore funds did not lapse from year to year. During 2004, in order to comply with the Governmental Accounting Standards Board, Natural Areas appropriations and funding sources were all moved into the Natural Areas Fund, a lapsing fund. Therefore, unspent funds in prior annual budgets need to be appropriated into the following year’s budget before they can be spent. The purpose of the previously appropriated funds under this Ordinance remains the same: land conservation, construction of public improvements, restoration of wildlife habitat and other NAD programs to benefit the citizens of Fort Collins. In addition to prior year reserves and unspent 2014 appropriations, the Natural Areas Department received unanticipated revenues in 2014; these funds are being appropriated for the purpose of providing Natural Areas programming not included in the 2015 adopted City Budget. 6. First Reading of Ordinance No. 061, 2015, Authorizing the Replacement of a Notice of Interim Trail Use and the Conveyance or Vacation of the City’s Rights in a Portion of Property Known as the Rails-to-Trails Property. (Adopted on First Reading) The purpose of this item is to obtain authorization from City Council to terminate an existing Notice of Trail Use for a portion of Rails to Trails property located east of Taft Hill Road and north of Lincoln Middle School that the City does not have any current or future use for and vacate or convey the City’s remaining interests in the property. The City will request a replacement Notice of Interim Trail Use for the remaining Rails to Trails property. In 1988, the City filed with the Interstate Commerce Commission expressing its willingness to assume responsibility for a portion of railroad property that Burlington Northern Railroad Company (“Railroad”) planned to abandon and requested a Notice of Interim Trail Use (“NITU”) to postpone the abandonment and allow the City to use the property, known as the “Rails-to-Trails” property, for trail purposes. After the NITU was issued, the City then entered into an Offer to Purchase and Interim Trail Use Agreement with the Railroad in 1989 subject to the right of the railroad to reactivate its line in the future. The Railroad deeded its interest in the Rails-to-Trails property in 1990. Staff has determined that a portion of the Rails-to-Trails property located east of Taft Hill Road and north of Lincoln Middle School is not needed for any current or future trail use or recreation uses and would prefer to be released from maintenance obligations of the property. This Ordinance would authorize staff to take the steps necessary to terminate the NITU and ask the Surface Transportation Board to replace it with a new NITU covering much less of the property, and vacate or convey any remaining interests the City may have across the section of the property that is no longer needed. 7. Public Hearing and Resolution 2015-056 Approving the Programs and Projects That Will Receive Funds From the Federal Community Development Block Grant Program (CDBG), the Home Investment Partnerships Program (HOME), and the City's Affordable Housing Fund (AHF) and Human Services Program (HSP). (Adopted) The purpose of this item is to approve the funding of the 2015 spring cycle of the Competitive Process. Packet Pg. 23 Attachment: May 19, 2015 (3233 : Minutes-5/5, 5/19) City of Fort Collins Page 133 8. Resolution 2015-052 Adopting the Recommendations of the Cultural Resources Board Regarding Fort Fund Grant Disbursements. (Adopted) The purpose of this item is to adopt the recommendations of the Cultural Resources Board to disburse Fort Fund grants to community events from the Cultural Development and Programming and Tourism Programming Accounts. 9. Resolution 2015-053 Authorizing an Intergovernmental Agreement with Colorado State University Regarding Biological Inventory and Data Analysis through the Colorado Natural Heritage Program (Adopted) The purpose of this item is to approve by resolution an agreement for technical assistance from the Colorado Natural Heritage Program (CNHP) at Colorado State University to complete tasks related to biological survey, data analysis, rare species/communities conservation planning and ecological monitoring with such information to be applied toward updating the Natural Areas Department 2015 work plan. 10. Resolution 2015-054 Nominating and Endorsing Mayor Wade Troxell as a Candidate for Election to the Executive Board of the Colorado Municipal League. (Adopted) The purpose of this item is to formally endorse the nomination of Mayor Wade Troxell as a candidate to the Executive Board of the Colorado Municipal League. Mayor Troxell, during his earlier terms as a City Councilmember, served for five years on the Colorado Municipal League Policy Committee. CONSENT CALENDAR FOLLOW-UP Councilmember Cunniff commended the CDBG process, the Board and applicants. Mayor Troxell noted the Community Development Block Grant, Home Investment Partnerships Program, Affordable Housing Fund, and Human Services Program were part of the spring competitive process. Additionally, he discussed the Fort Fund grants administered by the Cultural Resources Board. STAFF REPORTS Cameron Gloss, Planning Manager, provided a presentation regarding the Downtown Plan Update. He discussed changes in the Downtown boundary and its division into character districts. Additionally, Gloss discussed public outreach efforts and plans. Councilmember Martinez requested additional detail regarding the character districts. Gloss replied several sub-districts already exist; however, staff has identified other sub-districts each with its own defined character. Ken Mannon, Operations Services Director, announced the Senior Center has received LEED Gold Certification. COUNCILMEMBER REPORTS Councilmember Cunniff reported on a Colorado Municipal League regional meeting and a discussion of the Urban Renewal Fairness Act. City Manager Atteberry stated staff is working to verify any impact this bill may have on the Foothills Mall project. Packet Pg. 24 Attachment: May 19, 2015 (3233 : Minutes-5/5, 5/19) City of Fort Collins Page 134 Mayor Troxell reported on Council’s weekend retreat. Councilmember Martinez reported on a town meeting he held with citizens in his district. DISCUSSION ITEMS 11. Second Reading of Ordinance No. 053, 2015, Extending the Terms of a Non-Exclusive Franchise by the City of Fort Collins to Comcast of California/Colorado LLC and its Successors and Assigns for the Right to Make Reasonable Use Of, and Erect, Construct, Operate and Maintain Through, the Public Rights-of-Way, Easements and Other Public Property Any Equipment Necessary and Appurtenant to the Operation and Maintenance of a Cable System and the Provision of Cable Services to Citizens Within the City. (Adopted on Second Reading) This Ordinance, unanimously adopted on First Reading on April 21, 2015, extends the current Cable Franchise Agreement between the City of Fort Collins and Comcast of California/Colorado, LLC (Comcast) for a period of 47 days to July 31, 2015. The current, extended agreement expires June 14, 2015. City staff and Comcast representatives have reached mutual agreement on the final elements of the new agreement. The additional 47 days will allow for more time for public input prior to the consideration of the new agreement by Council. The proposed extension will maintain the terms and conditions of the existing Franchise for the duration of the extension. Mayor Pro Tem Horak asked the Comcast representative to explain the basic cable package and broadband service for families with children on free or reduced lunch programs. John Lehman, Comcast Director of Government and Regulatory Affairs, replied a limited basic package which covers basic broadcast channels and a few others can be attained for approximately $27 per month. Additionally, he discussed the Internet Essentials program which aims to provide broadband internet service to low-income households with children who qualify for free and reduced lunches. Councilmember Overbeck asked if the basic cable package offering will be easy to find as an option on the Comcast webpage. Mr. Lehman replied that is being developed and noted the package is listed on the rate card for all subscribers. Councilmember Overbeck requested Comcast display a poster at its Fort Collins office regarding the basic package. Mayor Pro Tem Horak suggested information regarding the Internet Essentials package be placed in the City's electric bills. Councilmember Campana made a motion, seconded by Councilmember Martinez, to adopt Ordinance No. 053, 2015, on Second Reading. RESULT: ORDINANCE NO. 053, 2015 ADOPTED ON SECOND READING [UNANIMOUS] MOVER: Gino Campana, District 3 SECONDER: Ray Martinez, District 2 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak Packet Pg. 25 Attachment: May 19, 2015 (3233 : Minutes-5/5, 5/19) City of Fort Collins Page 135 12. Second Reading of Ordinance No. 058, 2015, Appropriation of Funds to Reimburse Woodward, Inc. For Development Fees, Capital Improvement Expansion Fees and Use Tax. (Adopted) This Ordinance, adopted on First Reading on May 5, 2015, by a vote of 5-2 (Nays: Overbeck, Cunniff), Appropriates $2,107,261 of prior year reserves for a rebate to Woodward for fees and use tax as approved by City Council on April 2, 2013 (Ordinance No. 055, 2013). Ordinance No. 055, 2013 approved an agreement between the City, Downtown Development Authority (DDA), and Woodward, Inc. The agreement provides Business Investment Assistance for the relocation of Woodward’s headquarters as well as an expansion of its manufacturing and office facilities to a new location at the corner of Lincoln Avenue and Lemay Avenue. The project will retain or create between 1,400 and 1,700 primary jobs in the City. The City’s assistance includes a rebate of Use Tax, Development Fees, and Capital Improvement Expansion Fees. This Ordinance also appropriates all the rebates from the General Fund’s prior year reserves, except for the rebate of Capital Improvement Expansion Fees, which would be appropriated from the prior year reserves in the Capital Expansion and Street Oversizing funds for the rebated Capital Improvement Expansion Fees. Sections 2 and 3 of the Ordinance have been amended between First and Second Reading to expressly state that the monies appropriated from the affected Capital Improvement Expansion Fee funds are being done so with the intent to supersede any provision to the contrary in City Code Chapter 7.5, which Chapter governs how such fees are to be spent. Eric Sutherland discussed public finance laws and requested the City make available any descriptive documents regarding its interpretation of Articles 15 and 16 of the Charter. Glen Colton opposed the appropriation of monies from capital improvement funds for economic development. Jerry Gavaldon discussed the importance of fairness and equity with regard to the use of the capital improvement fund. Councilmember Martinez asked if this is a legal and appropriate process. City Manager Atteberry replied it is an appropriate process. City Attorney Daggett replied the case law that has been issued by Colorado courts supports the basic aspects of the Woodward transaction as well as the proposal before Council. Councilmember Martinez asked if this action would take funds from infrastructure needs or would create a shortfall in funds. City Manager Atteberry replied a balance between needs is constantly being sought and noted this recommendation has not been brought before Council lightly and is not a precedent-setting recommendation. Mike Beckstead, Chief Financial Officer, stated the amount of the dollars being considered relative to the fund balances does not have a material impact on future projects. Councilmember Cunniff asked if funds are available in the General Fund for this obligation. Beckstead replied in the affirmative. Councilmember Cunniff asked why this recommendation is being brought forth. Beckstead replied this option allows for additional flexibility and discretion for future expenditures. Councilmember Campana asked if a commitment was previously made to use the General Fund to backfill fund balances. Beckstead replied that was the way the agreement was structured by staff based on advice at the time; however, this option has come to light since. He noted the Packet Pg. 26 Attachment: May 19, 2015 (3233 : Minutes-5/5, 5/19) City of Fort Collins Page 136 General Fund can be used to backfill the other funds if necessary; however, that transfer cannot be made in the opposite direction. Mayor Pro Tem Horak made a motion, seconded by Councilmember Martinez, to adopt Ordinance No. 058, 2015, on Second Reading. Mayor Pro Tem Horak stated, if this information had been available when the agreement was structured, this would have likely been the supported choice, given the flexibility it allows. Councilmember Stephens opposed the motion and supported the use of the General Fund rather than other funds. Councilmember Campana supported the motion given new information and ability for flexibility. Councilmember Cunniff supported the intent of the Woodward agreement but opposed the existing motion. Councilmember Cunniff made a motion, seconded by Councilmember Overbek, to modify section two of the agreement to replace the Capital Expansion Fund with General Fund and Street Oversizing Fund with General Fund and change other language as necessary. City Attorney Daggett stated the proposed change would not be consistent with the language of the Ordinance title or some of the whereas clauses. Councilmember Cunniff modified his motion to change the language identifying other funds to just identify the General Fund as suggested by City Attorney Daggett. He stated he would prefer to modify City policies in order to use these funds for rebate purposes. Mayor Troxell opposed Councilmember Cunniff's motion. Mayor Pro Tem Horak appreciated the offering of the amendment, but stated he would not support the motion. Councilmembers Martinez and Campana opposed the amendment. The vote on the amendment was as follows: Yeas: Stephens, Cunniff and Overbeck. Nays: Martinez, Campana, Troxell and Horak. THE MOTION FAILED. Councilmember Cunniff stated he would not support the motion; however, he noted he is in support of the Woodward agreement. RESULT: ORDINANCE NO. 058, 2015, ADOPTED ON SECOND READING [4 TO 3] MOVER: Gerry Horak, District 6 SECONDER: Ray Martinez, District 2 AYES: Martinez, Campana, Troxell, Horak NAYS: Stephens, Overbeck, Cunniff Packet Pg. 27 Attachment: May 19, 2015 (3233 : Minutes-5/5, 5/19) City of Fort Collins Page 137 CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS 13. Resolution 2015-055 Adopting Amendments to the Financial Management Policies by Combining and Revising General Policies, Fund Policies and Capital Improvement Fund Policies. (Adopted) The purpose of this item is to update the General Financial Policy and combine with 2 other policies: Fund Policies and Capital Improvement Policies. In August 2014 the Council Finance Committee (CFC) approved combining these policies into one general financial policy. In November 2014 the CFC reviewed the draft of these 3 policies and approved bringing the combined policy to the City Council for consideration. Many sections of these policies are redundant with other financial policies, City Code and Intergovernmental Agreements (IGAs). There are also many sections with no policy elements. Lastly some sections are not financial in nature or should be moved to another financial policy. As such, this action is primarily a housekeeping update. All approved financial policies will be available on fcgov.com by August 31. Eric Sutherland discussed the Urban Renewal Authority special fund and the appropriate use of public funds. Mayor Pro Tem Horak made a motion, seconded by Councilmember Overbeck, to adopt Resolution 2015-055. RESULT: RESOLUTION 2015-055 ADOPTED [UNANIMOUS] MOVER: Gerry Horak, District 6 SECONDER: Bob Overbeck, District 1 AYES: Martinez, Stephens, Overbeck, Campana, Troxell, Cunniff, Horak ADJOURNMENT The meeting adjourned at 7:49 PM. ______________________________ Mayor ATTEST: ________________________________ City Clerk Packet Pg. 28 Attachment: May 19, 2015 (3233 : Minutes-5/5, 5/19) Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY June 2, 2015 City Council STAFF Brian Hergott, Facilities Project Manager Ken Mannon, Operations Services Director Bob Adams, Recreation Director SUBJECT Second Reading of Ordinance No. 059, 2015, Appropriating Unanticipated Revenue for the Senior Center Expansion Project and Transferring Appropriations to the Cultural Services and Facilities Fund for Art in Public Places Program. EXECUTIVE SUMMARY The Ordinance, unanimously adopted on First Reading on May 19, 2015, appropriates an additional $50,000 to the Senior Center Expansion Project. These additional funds were raised by the Senior Center Expansion Committee to be used towards completing the new community gardens at the west end of the new parking lot for fencing, planter beds, etc. and also pay for additional furnishings inside the building, e.g. a piano, upgrading old light fixtures, benches, portable stage, coffee cart, etc. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, May 19, 2015 (w/o attachments) (PDF) 2. Ordinance No. 059, 2015 (PDF) Packet Pg. 29 Agenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY May 19, 2015 City Council STAFF Brian Hergott, Facilities Project Manager Ken Mannon, Operations Services Director Bob Adams, Recreation Director SUBJECT First Reading of Ordinance No. 059, 2015, Appropriating Unanticipated Revenue for the Senior Center Expansion Project and Transferring Appropriations to the Cultural Services and Facilities Fund for Art in Public Places Program. EXECUTIVE SUMMARY The purpose of this item is to appropriate an additional $50,000 to the Senior Center Expansion Project. These additional funds were raised by the Senior Center Expansion Committee to be used towards completing the new community gardens at the west end of the new parking lot for fencing, planter beds, etc. and also pay for additional furnishings inside the building, e.g. a piano, upgrading old light fixtures, benches, portable stage, coffee cart, etc. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The Senior Center Expansion Committee was formed in 2007 as a 501(c)3 organization to raise funds for the Senior Center Expansion. The Committee has raised and previously turned over $560,000 which has been appropriated and used for the expansion project, pursuant to Ordinance Nos. 002 and 082, 2014, including 1% reservations for the APP artwork portion of the project, as required by Section 23-304(a) of the City Code. CITY FINANCIAL IMPACTS These funds will be put toward the cost of completing the community garden and some interior improvements and upgrades, helping this facility meet the needs of the users and making it last for many more years. BOARD / COMMISSION RECOMMENDATION The Senior Center Expansion Committee discussed this donation at the April 15, 2015 meeting and recommended adoption of the Ordinance appropriating the subject funds. ATTACHMENTS 1. Expansion Committe Letter on Donation, April 20, 2015 (PDF) 2. Senior Center 501 C Donation Letter, April 22, 2015 (PDF) ATTACHMENT 1 Packet Pg. 30 Attachment: First Reading Agenda Item Summary, May 19, 2015 (w/o attachments) (3218 : SR 059 Senior Center Appropriation) - 1 - ORDINANCE NO. 059, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE FOR THE SENIOR CENTER EXPANSION PROJECT AND TRANSFERRING APPROPRIATIONS TO THE CULTURAL SERVICES AND FACILITIES FUND FOR THE ART IN PUBLIC PLACES PROGRAM WHEREAS, the City has recently received $50,000 from the Senior Center Expansion Committee for the Senior Center Expansion Project; and WHEREAS, the Senior Center Expansion Project is one of the projects approved by voters in 2005 for the Building on Basics Capital Program; and WHEREAS, the Senior Center Expansion Project focuses on increasing fitness and wellness facilities, activities, and programs for the active adult population in Fort Collins; and WHEREAS, prior appropriation of funds for the project, including reservation of one percent of such appropriations for the APP artwork as part of the project, occurred pursuant to Ordinance Nos. 002 and 082, 2014; and WHEREAS, upon appropriation of these funds to the Capital Projects Fund, these additional funds will be used towards completing the new community gardens at the west end of the new parking lot for fencing, planter beds, etc. and also to pay for additional furnishings inside the building such as a piano, upgrading old light fixtures, benches, a portable stage, and a coffee cart; and WHEREAS, the Senior Center Expansion Project appropriations for construction are greater than $250,000 before this $50,000 appropriation is added, as such, Section 23-304 of the City Code requires one percent of these appropriations ($500) to be transferred to the Cultural Services and Facilities Fund for a contribution to the Art in Public Places (APP) program, with $390 reserved for the APP artwork project and $110 reserved for the maintenance of the artwork and operations of the APP program; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff has determined that the above-referenced appropriation of funds will not cause the total amount appropriated in the Capital Projects Fund to exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and Packet Pg. 31 Attachment: Ordinance No. 059, 2015 (3218 : SR 059 Senior Center Appropriation) - 2 - WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one fund to another fund, provided that the purpose for which the transferred funds are to be expended remains unchanged. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That there is hereby appropriated for expenditure from unanticipated revenue in the Capital Projects Fund the sum of FIFTY THOUSAND DOLLARS ($50,000) for the Senior Center Expansion - Building on Basics Capital Project. Section 2. That the unexpended appropriated amount of THREE HUNDRED NINETY DOLLARS ($390) in the Capital Projects Fund - Senior Center Expansion Project is authorized for transfer to the Cultural Services and Facilities Fund - Art in Public Places Project and appropriated therein for the Art Project associated with the Senior Center Expansion pursuant to City Code Section 23-304(a). Section 3. That the unexpended appropriated amount of ONE HUNDRED TEN DOLLARS ($110) in the Capital Projects Fund - Senior Center Expansion Project is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Program Maintenance and Operations pursuant to City Code Section 23-304(a). Introduced, considered favorably on first reading, and ordered published this 19th day of May, A.D. 2015, and to be presented for final passage on the 2nd day of June, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 2nd day of June, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 32 Attachment: Ordinance No. 059, 2015 (3218 : SR 059 Senior Center Appropriation) Agenda Item 3 Item # 3 Page 1 AGENDA ITEM SUMMARY June 2, 2015 City Council STAFF Mark Sears, Natural Areas Program Manager John Stokes, Natural Resources Director SUBJECT Second Reading of Ordinance No. 060, 2015, Appropriating Prior Year Reserves and Unanticipated Revenues in the Natural Areas Fund for the Purpose of Providing Natural Areas Programming Not Included in the 2015 Adopted City Budget. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on May 19, 2015, appropriates $8,300,000 in prior year reserves and unanticipated revenues in the Natural Areas Fund. Of the total, $6,110,000 will be used for land conservation. With over $7M of land and water acquisitions under negotiation, there is a reasonable likelihood that most of these funds will be spent in 2015. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, May 19, 2015 (w/o attachments) (PDF) 2. Ordinance No. 060, 2015 (PDF) Packet Pg. 33 Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY May 19, 2015 City Council STAFF Mark Sears, Natural Areas Program Manager John Stokes, Natural Resources Director SUBJECT First Reading of Ordinance No. 060, 2015, Appropriating Prior Year Reserves and Unanticipated Revenues in the Natural Areas Fund for the Purpose of Providing Natural Areas Programming Not Included in the 2015 Adopted City Budget. EXECUTIVE SUMMARY The purpose of this item is to approve an Ordinance appropriating $8,300,000 in prior year reserves and unanticipated revenues in the Natural Areas Fund. Of the total, $6,110,000 will be used for land conservation. With over $7M of land and water acquisitions under negotiation, there is a reasonable likelihood that most of these funds will be spent in 2015. Prior to 2004, the Natural Areas Department (NAD) projects were funded through the Capital Projects Fund and therefore funds did not lapse from year to year. During 2004, in order to comply with the Governmental Accounting Standards Board, Natural Areas appropriations and funding sources were all moved into the Natural Areas Fund, a lapsing fund. Therefore, unspent funds in prior annual budgets need to be appropriated into the following year’s budget before they can be spent. The purpose of the previously appropriated funds under this Ordinance remains the same: land conservation, construction of public improvements, restoration of wildlife habitat and other NAD programs to benefit the citizens of Fort Collins. In addition to prior year reserves and unspent 2014 appropriations, the Natural Areas Department received unanticipated revenues in 2014; these funds are being appropriated for the purpose of providing Natural Areas programming not included in the 2015 adopted City Budget. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The funds for the Natural Areas Department come from the following designated sources of revenue, including: the City - Open Space Yes! ¼ Cent sales tax; the Larimer County - Help Preserve Open Space ¼ cent sales tax; and, miscellaneous anticipated and unanticipated revenues. All of these funds are restricted to the purposes of the Natural Areas Department, including unanticipated revenues which consist generally of income from sales tax revenues, easements, leases or grants. The prior year reserve funds being appropriated are more specifically described as follows: $5,781,753 Unspent 2014 Budgeted Funds - re-appropriated for same purpose $2,518,247 Unanticipated Revenues & Unspent Funds $8,300,000 Prior Year 2014 Reserves ATTACHMENT 1 Packet Pg. 34 Attachment: First Reading Agenda Item Summary, May 19, 2015 (w/o attachments) (3219 : SR 060 Natural Areas Fund Appropriation) Agenda Item 5 Item # 5 Page 2 The anticipated use of these funds is as follows: • Land Conservation - $6,110,120 ($5,165,973 unspent 2014 appropriations and $944,147 in prior year reserves) will fund land conservation efforts per the Land Conservation and Stewardship Master Plan. • Rangers - $9,300 (in prior year reserves) will fund the purchase of AED’s to be placed in all 7 Ranger vehicles. • Education - $10,800 (in prior year reserves) will fund maintenance of the NatureTracker web-based registration and volunteer coordination software. • Resource Management - $1,658,180 ($401,180 in unspent 2014 funds and $1,257,000 in prior year reserves) will fund: the completion of the restoration of the Shields Pit, POE Pit and Rigden Reservoir along the Poudre River; fund the creation of new wetlands; and, fund a portion of the Kingfisher Natural Areas restoration along the Poudre River. • Public Improvements - $338,100 ($184,600 in unspent 2014 funds and $153,500 in prior year reserves) will fund: the completion of public improvement projects that are underway including $154,600 in matching funds for the Great Outdoor Colorado grant to construct a trail around the new reservoir at Arapaho Bend and $30,000 for ADA access improvements to the north parking lot at Riverbend Ponds; and, $153,500 in new construction or repairs to complete trail, bridge, kiosk and trail head improvements at Riverbend Ponds, Arapaho Bend, McMurry, Gateway and several natural areas along the Poudre River. • Facility Operations - $98,500 (prior year reserves) will fund: additional solar panels on the equipment shop at Nix Farm to decrease energy use; improvements to the ranger house at Bobcat to decrease energy use; improvements to the little farm house at Nix Farm to provide critical indoor storage; improvements to the field office at Soapstone; and, to add a photo voltaic solar system to the shop at Soapstone to provide electricity for power tool use. • Land Management - $55,000 ($30,000 in unspent 2014 funds and $25,000 in prior year reserves) will fund: fencing projects; the application for historic designation of historic structures at Soapstone Prairie; and, stock water improvements at Soapstone Prairie. • Department Management - $20,000 (in prior year reserves) will provide the matching funds needed to purchase an all-electric vehicle “a Leaf” and the charging station; which will help reduce the Natural Areas carbon footprint. Natural Areas received a $10,000 City Innovation Fund Grant towards this purchase. CITY FINANCIAL IMPACTS The Appropriation Ordinances increases 2015 appropriations in the City’s Natural Areas Fund by $8,300,000. The requested appropriation of $8,300,000 in the Natural Areas Fund represents 2014 appropriations that were unspent and unencumbered at year-end 2014 and unanticipated revenues. These funds are restricted to the purposes of the Natural Areas Department. BOARD / COMMISSION RECOMMENDATION The Land Conservation and Stewardship Board will review the Appropriation Ordinance at its regular meeting on May 13. Its recommendation to Council will be provided in Council's read before packet on May 19. PUBLIC OUTREACH Natural Areas Funds will be spent in alignment with its Natural Areas Master Plan, which was extensively reviewed by the Public prior to its adoption in 2014. Packet Pg. 35 Attachment: First Reading Agenda Item Summary, May 19, 2015 (w/o attachments) (3219 : SR 060 Natural Areas Fund Appropriation) - 1 - ORDINANCE NO. 060, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE NATURAL AREAS FUND FOR THE PURPOSE OF PROVIDING NATURAL AREAS PROGRAMMING NOT INCLUDED IN THE 2015 ADOPTED CITY BUDGET WHEREAS, the City is committed to preserving natural areas and providing educational, interpretive and appropriate recreational opportunities to the public; and WHEREAS, Natural Areas programming implements open land conservation priorities identified in the City’s Comprehensive Plan by purchasing conservation easement interests in key natural areas, community separators, or other open lands; providing stewardship for lands purchased; and developing trails and interpretive features for public use; and WHEREAS, the Natural Areas Department is funded primarily through the collection of City Open Space - Yes sales and use tax revenue, as well as revenues from the Larimer County Help Preserve Open Space sales and use tax, investment earnings, and other miscellaneous revenues deposited in the Natural Areas Fund; and WHEREAS, Article V, Section 11 of the City Charter requires all appropriations unexpended or unencumbered at the end of the fiscal year lapse to the applicable general or special revenue fund, except appropriations for capital projects and federal or state grants do not lapse until completion of the capital project or expiration of the respective grant; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS, City Staff recommends appropriating from prior year reserves in the Natural Areas Fund $8,300,000, comprised of $5,781,753 in unspent and unencumbered appropriations from 2014 and $2,518,247 in unanticipated revenue and prior year reserves, to be used for acquisition, construction, enhancement and maintenance of trail systems, wildlife habitat and other natural areas to benefit the citizens of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that there is hereby appropriated for expenditure from prior year reserves in the Natural Areas Fund the sum of EIGHT MILLION THREE HUNDRED THOUSAND DOLLARS ($8,300,000) to be used for acquisition, construction, enhancement and maintenance of trail systems, wildlife habitat and other natural areas to benefit the citizens of the City. Packet Pg. 36 Attachment: Ordinance No. 060, 2015 (3219 : SR 060 Natural Areas Fund Appropriation) - 2 - Introduced, considered favorably on first reading, and ordered published this 19th day of May, A.D. 2015, and to be presented for final passage on the 2nd day of June, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 2nd day of June, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 37 Attachment: Ordinance No. 060, 2015 (3219 : SR 060 Natural Areas Fund Appropriation) Agenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY June 2, 2015 City Council STAFF Lindsay Kuntz, Real Estate Specialist SUBJECT Second Reading of Ordinance No. 061, 2015, Authorizing the Replacement of a Notice of Interim Trail Use and the Conveyance or Vacation of the City’s Rights in a Portion of Property Known as the Rails-to-Trails Property. EXECUTIVE SUMMARY This Ordinance, adopted unanimously on First Reading on May 19, 2015, obtains authorization from City Council to terminate an existing Notice of Trail Use for a portion of Rails to Trails property located east of Taft Hill Road and north of Lincoln Middle School that the City does not have any current or future use for and vacate or convey the City’s remaining interests in the property. The City will request a replacement Notice of Interim Trail Use for the remaining Rails to Trails property. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, May 19, 2015 (w/o attachments) (PDF) 2. Ordinance No. 061, 2015 (PDF) Packet Pg. 38 Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY May 19, 2015 City Council STAFF Lindsay Kuntz, Real Estate Specialist SUBJECT First Reading of Ordinance No. 061, 2015, Authorizing the Replacement of a Notice of Interim Trail Use and the Conveyance or Vacation of the City’s Rights in a Portion of Property Known as the Rails-to-Trails Property. EXECUTIVE SUMMARY The purpose of this item is to obtain authorization from City Council to terminate an existing Notice of Trail Use for a portion of Rails to Trails property located east of Taft Hill Road and north of Lincoln Middle School that the City does not have any current or future use for and vacate or convey the City’s remaining interests in the property. The City will request a replacement Notice of Interim Trail Use for the remaining Rails to Trails property. In 1988, the City filed with the Interstate Commerce Commission expressing its willingness to assume responsibility for a portion of railroad property that Burlington Northern Railroad Company (“Railroad”) planned to abandon and requested a Notice of Interim Trail Use (“NITU”) to postpone the abandonment and allow the City to use the property, known as the “Rails-to-Trails” property, for trail purposes. After the NITU was issued, the City then entered into an Offer to Purchase and Interim Trail Use Agreement with the Railroad in 1989 subject to the right of the railroad to reactivate its line in the future. The Railroad deeded its interest in the Rails-to-Trails property in 1990. Staff has determined that a portion of the Rails-to-Trails property located east of Taft Hill Road and north of Lincoln Middle School is not needed for any current or future trail use or recreation uses and would prefer to be released from maintenance obligations of the property. This Ordinance would authorize staff to take the steps necessary to terminate the NITU and ask the Surface Transportation Board to replace it with a new NITU covering much less of the property, and vacate or convey any remaining interests the City may have across the section of the property that is no longer needed. STAFF RECOMMENDATION Staff Recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In 1988, the Railroad applied to the Interstate Commerce Commission (“ICC”), now the Surface Transportation Board (“STB”), to permanently abandon a railroad strip that is currently known as the “Rails-to-Trails” property. The City also filed with the ICC in 1988 expressing interest in assuming responsibility of the railroad property so that it could be used for trail purposes under the National Trails System Act. The ICC issued a Notice of Interim Trail Use or Abandonment and stated that the railroad strip would be fully abandoned unless an interim Trail Use / Railbanking agreement was entered into per the National Trails Systems Act. The Railroad and the City subsequently entered into an Offer to Purchase and Interim Trail Use / Railbanking Agreement in 1989 which postponed the Railroad’s abandonment of the railroad strip. The Agreement said the Railroad would convey the Rails-to-Trails property to the City for $30,873, but provided for the Railroad to retain the right to reactivate rail service on the line in the future and for the City to hold title for interim conservation and recreation use, which use cannot impair the Railroad’s retained right. The Agreement also granted the Railroad a first right of refusal to repurchase the railroad strip. ATTACHMENT 1 Packet Pg. 39 Attachment: First Reading Agenda Item Summary, May 19, 2015 (w/o attachments) (3220 : SR 061 Rails to Trails Vacation) Agenda Item 6 Item # 6 Page 2 In 1990, the Railroad quit claimed the property to the City, but the quitclaim deed did not recite all the restrictions and reservations from the Interim Trail Use / Railbanking Agreement. In 1991 the City and Platte River Power Authority wanted to find out who owned the reversionary rights under the Railroad's right of way in order to negotiate with those owners for the purchase of additional rights necessary to use the Rails-to-Trails property for utility purposes. In resolving the question of ownership, the District Court for Larimer County reviewed the transaction between the City and the Railroad and ruled that the City’s interest in the property was only an easement for recreational purposes, and that the Railroad still owned railroad right of way interest in the property, subject to a right of reverter in the adjacent property owners, if the railroad strip was ever fully abandoned. The City has since used sections of this property for trail connection purposes. Recently, City staff received a request from a property owner that is burdened by the railroad right of way to provide information as to the City’s future plans for the Rails-to-Trails property. Upon review, it was determined by staff that a section of the Rails-to-Trails property just east of Taft Hill Road is not needed for any current or future planned trail use or recreational purposes. After discussing this with the property owner, the owner requested the City consider abandoning the portion of property that was in excess of the City’s needs. City Parks staff are amenable to this request since they would prefer to be released of any maintenance obligations for property that is no longer contemplated for trail purposes as outlined in the Agreement. In order to replace the NITU and vacate the City’s interest in this section of the Rails-to-Trails property, staff proposes to complete the following steps: • Offer to convey the City’s rights in portions of the Rails-to-Trails Property back to the Railroad, pursuant to its right of first refusal, and complete such conveyance if the Railroad exercises that right; • Notify the STB of the City’s desire to terminate its use and ask that the NITU be vacated on a particular date and replaced with a new NITU for the portions of the Rails-to-Trails Property the City wishes to retain; • If the Railroad does not exercise its right of first refusal, vacate any remaining rights in the Rails-to- Trails Property that the City may have received by virtue of the 1990 deed from the Railroad but no longer needs; and • If any of the adjacent property owners request it, execute quitclaim deeds to such adjacent property owners further disclaiming any right the City may have in their properties as a result of the deed from the Railroad. CITY FINANCIAL IMPACTS The property owner that requested the abandonment will be responsible for compensating Real Estate Services a processing fee of $1,500 for the necessary staff time to process the replacement NITU, easement vacation, and quitclaim deed. ATTACHMENTS 1. Location Map Rails to Trails Vacation of Trail Use (PDF) 2. Aerial Detail Rails to Trails (PDF) 3. Recreational Trail Master Plan Map (PDF) Packet Pg. 40 Attachment: First Reading Agenda Item Summary, May 19, 2015 (w/o attachments) (3220 : SR 061 Rails to Trails Vacation) - 1 - ORDINANCE NO. 061, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE REPLACEMENT OF A NOTICE OF INTERIM TRAIL USE AND THE CONVEYANCE OR VACATION OF THE CITY’S RIGHTS IN A PORTION OF PROPERTY KNOWN AS THE RAILS-TO-TRAILS PROPERTY WHEREAS, in December 1988 the Burlington Northern Railroad Company (“Railroad”) filed with the federal Interstate Commerce Commission (“Commission”) a notice of intent to abandon a four-mile section of its rail line right-of-way between milepost 75.00 and milepost 79.00 northwest of Fort Collins (the “Railroad Property”); and WHEREAS, also in December 1988 the City filed with the Commission a statement expressing its willingness to assume responsibility for the Railroad Property so that it could be used for trail purposes under the National Trails System Act, 16 U.S.C. Sec. 1247(d) (the “Trails Act”), and requesting issuance of a Notice of Interim Trail Use or Abandonment (NITU); and WHEREAS, in January 1989 the Commission issued the NITU, which gave the City and Railroad 180 days to enter into an interim trail use/railbanking agreement; and WHEREAS, the NITU noted that the interim trail use/rail banking agreement would be subject to the future restoration of rail service, and that if the City ever intended to terminate its trail use, it must send the Commission a copy of the NITU and a request that it be vacated on a specified date; and WHEREAS, in July 1989 the City and Railroad entered into an Offer to Purchase and Interim Trail Use/Railbanking Agreement (“Agreement”), which stated that the Railroad was going to quitclaim to the City all of its right, title and interest to a portion of Railroad Property between milepost 75 and milepost 77.83 (the “Rails-to-Trails Property”) in exchange for a payment of $30,873; and WHEREAS, the Agreement stated that it and any subsequent conveyance or agreement should be interpreted to conform to the Trails Act; and WHEREAS, under the Trails Act, any interim trail use/railbanking agreements are subject to the right of a railroad to reactivate its line in the future; and WHEREAS, in 1990 the Railroad quitclaimed its interest in the Rails-to-Trails Property to the City, reserving mineral rights, a communications easement and a right of first refusal; and WHEREAS, In 1991 the City and Platte River Power Authority filed a case in Larimer District Court (Case No. 91CV474-3) asking the court to determine who were the lawful fee simple record owners of the possibility of reverter in the Railroad Property, so the City and Platte River would know with whom to negotiate to acquire additional rights in the property for utility projects; and Packet Pg. 41 Attachment: Ordinance No. 061, 2015 (3220 : SR 061 Rails to Trails Vacation) - 2 - WHEREAS, the court did determine the underlying fee owners for the length of the Railroad Property and also held that, under the Trails Act, the Railroad retained ownership of the railroad right-of-way and the City’s interest was only an easement for trail purposes; and WHEREAS, the City did not develop a trail on the Rails-to-Trails Property, opting instead the build the Poudre Trail closer to the river; and WHEREAS, in 1995 the Commission was abolished and its remaining functions were transferred to the federal Surface Transportation Board (the “STB”); and WHEREAS, a property owner whose land is burdened by the railroad right-of-way and the City’s rights in the Rails-to-Trails Property has asked the City to abandon its rights in the Rails-to-Trails Property; and WHEREAS, City Parks staff would prefer to be released from management obligations for property that is not being used and will likely not be used by the City; and WHEREAS, the portion of the Rails-to-Trails Property that staff would like to vacate is described on Exhibit A, attached and incorporated herein by this reference (the “Vacation Property”); and WHEREAS, in order to replace the NITU and vacate the Vacation Property, staff proposes to complete the following steps: • Offer to convey the City’s rights in the Vacation Property back to the Railroad, pursuant to its right of first refusal, and complete such conveyance if the Railroad exercises that right; • Notify the STB of the City’s desire to terminate its use and ask that the NITU be vacated on a particular date and replaced with a new NITU for the portions of the Rails-to-Trails Property the City wishes to retain; • If the Railroad does not exercise its right of first refusal, vacate any remaining rights in the Vacation Property that the City may have received by virtue of the 1990 deed from the Railroad; and • If any of the adjacent property owners request it, execute quitclaim deeds to such adjacent property owners further disclaiming any right the City may have in their properties as a result of the deed from the Railroad; and WHEREAS, the property owner who requested the vacation has agreed to pay a processing fee of $1500 to cover staff's time working on the request; and WHEREAS, Section 23-111(a) of the City Code authorizes the City Council to sell, convey or otherwise dispose of any and all interests in real property owned in the name of the City, provided that the City Council first finds, by ordinance, that such sale or other disposition is in the best interests of the City. Packet Pg. 42 Attachment: Ordinance No. 061, 2015 (3220 : SR 061 Rails to Trails Vacation) - 3 - NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby finds that the conveyance or vacation of the City’s interest in portions of the Rails-to-Trails property as described herein is in the best interests of the City. Section 2. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Vacation Property to the Railroad or to vacate the City’s rights in the Vacation Property, and to quitclaim any remaining interest the City may have in such property to adjacent property owners if requested. Section 3. That the City Manager is hereby authorized to execute such documents as are necessary to ask the Surface Transportation Board to vacate the existing NITU and replace it with a revised NITU. Section 4. That all conveyances and vacations pursuant to Sections 2 and 3 above shall be on terms and conditions consistent with this Ordinance, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines are necessary or appropriate to protect the interests of the City, including, but not limited to, any necessary changes to the legal description of the Vacation Property, as long as such changes do not materially increase the size or change the character of the property interest to be conveyed. Introduced, considered favorably on first reading, and ordered published this 19th day of May, A.D. 2015, and to be presented for final passage on the 2nd day of June, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 2nd day of June, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 43 Attachment: Ordinance No. 061, 2015 (3220 : SR 061 Rails to Trails Vacation) &YIJCJU" 1BHFPG Packet Pg. 44 Attachment: Ordinance No. 061, 2015 (3220 : SR 061 Rails to Trails Vacation) &YIJCJU" 1BHFPG Packet Pg. 45 Attachment: Ordinance No. 061, 2015 (3220 : SR 061 Rails to Trails Vacation) Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY June 2, 2015 City Council STAFF Marty Heffernan, Director of CPRE SUBJECT First Reading of Ordinance No. 062, 2015, Appropriating Unanticipated Revenue Received from the Estate of Paul W. Gwyn in the Recreation Fund for the Senior Center and in the General Fund for the Poudre River Public Library District. EXECUTIVE SUMMARY The purpose of this item is to appropriate a gift from the Estate of Paul N. Gwyn for the Fort Collins Senior Center in the amount of $398,233 and for the Poudre River Library District (Library) also in the amount of $398,233. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Paul N. Gwyn, a resident of Fort Collins since 1988, left a portion of his estate to the City of Fort Collins for the benefit of the Senior Center and the Library, in equal amounts. The gift provides $398,233.47 for the benefit of the Senior Center and $398,233 for the benefit of the Library. By adopting this Ordinance, the Council acknowledges and agrees to the conditions of Mr. Gwyn’s gifts that they be appropriated and used for the Senior Center and the Library. Upon appropriation, $398,233 will be distributed to the Senior Center to be used only for the benefit of the Senior Center and $398,233 will be distributed to the District to be used only for the benefit of the Library. The City and the Library are deeply grateful to Mr. Gwyn for this very generous gift and will use the proceeds wisely to benefit these two wonderful Fort Collins institutions. CITY FINANCIAL IMPACTS The Ordinance provides $398,233 for the benefit of the Senior Center Packet Pg. 46 - 1 - ORDINANCE NO. 062, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE RECEIVED FROM THE ESTATE OF PAUL W. GWYN IN THE RECREATION FUND FOR THE SENIOR CENTER AND IN THE GENERAL FUND FOR THE POUDRE RIVER PUBLIC LIBRARY DISTRICT WHEREAS, Paul N. Gwyn, a resident of Fort Collins since 1988, left a portion of his estate to the City of Fort Collins for the benefit of the Senior Center and for the benefit of Poudre River Public Library District; and WHEREAS, the gift provides $398,233 for the benefit of the Senior Center and $398,233 and for the Poudre River Public Library District (the “Library District”); and WHEREAS, $50,000 will be used for the Community Gardens and other facility upgrades at the Senior Center and the remaining $348,233 will be transferred to the Community Foundation of Northern Colorado (“Community Foundation”); and WHEREAS, the Community Foundation of Northern Colorado holds an endowment fund for the Senior Center and, through an agreement with the Foundation, the Recreation Fund will receive a perpetual source of interest income that the Senior Center may draw on to support programs at the facility; and WHEREAS, $348,233 will be paid to the Library District; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff have determined that the appropriation of the revenue as described herein will not cause the total amount appropriated in the Recreation Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year; and WHEREAS, City staff have determined that the appropriation of the revenue as described herein will not cause the total amount appropriated in the General Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby acknowledges and agrees that Mr. Gwyn’s gifts to the City and the Library District are conditional gifts requiring that they be appropriated and used for the benefit of the Senior Center and the Library District. Packet Pg. 47 - 2 - Section 2. That it is hereby appropriated for expenditure from unanticipated revenue in the Recreation Fund the sum of THREE HUNDRED NINETY-EIGHT THOUSAND TWO HUNDRED AND THIRTY-THREE ($398,233) for the Community Gardens and other facility upgrades at the Senior Center and for distribution to the Community Foundation to be deposited in the City’s endowment fund held and administered by the Community Foundation for the benefit of Senior Center. Section 3. That it is hereby appropriated for expenditure from unanticipated revenue in the General Fund the sum of THREE HUNDRED NINETY-EIGHT THOUSAND TWO HUNDRED AND THIRTY-THREE ($398,233) for the Library District. Introduced, considered favorably on first reading, and ordered published this 2nd day of June, A.D. 2015, and to be presented for final passage on the 7th day of July, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 7th day of July, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 48 Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY June 2, 2015 City Council STAFF Nancy Nichols, Safe Routes to School Coordinator SUBJECT First Reading of Ordinance No. 063, 2015, Appropriating Unanticipated Grant Revenue into the Transportation Services Fund for the Safe Routes to School Program. EXECUTIVE SUMMARY The purpose of this item is to request appropriation of unbudgeted funds received through a grant for the Safe Routes to School program (part of the City’s FC Moves Department). The Colorado Department of Transportation (CDOT) has awarded a $55,038 grant for implementation of a new school-rotation schedule in Fort Collins schools. This school-rotation plan ensures that students in all public schools in Fort Collins receive bike-pedestrian safety education on a regular basis. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Safe Routes to School (SRTS) is a nationwide effort to get more children biking and walking to school for their health, academic achievement and the environment. SRTS focuses on the Five Es of transportation services: Education, Encouragement, Engineering, Enforcement and Evaluation. The City’s SRTS program emphasizes education, encouragement and evaluation activities, while collaborating with other City departments to address engineering and enforcement issues. In 2014, the SRTS program reached a total of 15,000 local residents with bike-ped education and encouragement programming, including 12,000 K-12 students and 3,000 parents and other adults. Of the 12,000 students, 6,500 received personal instruction on bike-ped safety from an SRTS instructor during PE class or at another school or community event. The success of the program is based on collaborations with local partners including Poudre School District (PSD), Thompson School District, Bicycle and Pedestrian Education Coalition, Safe Kids Larimer County, Boys & Girls Clubs of Larimer County, Bike Fort Collins, various City departments (Traffic Operations, Police, Engineering, Recreation, Streets), local businesses, individual schools and parents. This grant supports the following City of Fort Collins plans: City Plan: Policy SW 2.3 - Support Active Transportation Support means of physically active transportation (e.g., bicycling, walking, wheelchairs, etc.) by continuing bike and pedestrian safety education and encouragement programs, providing law enforcement, and maintaining bike lanes, sidewalks, trails, lighting, and facilities for easy and safe use, as outlined in the Pedestrian Plan and Bicycle Plan. Transportation Master Plan: Policy T 8.1 - Support Active Transportation Support physically active transportation (e.g., bicycling, walking, wheelchairs, etc.) by Packet Pg. 49 Agenda Item 6 Item # 6 Page 2 continuing bike and pedestrian safety education and encouragement programs, providing law enforcement, and maintaining bike lanes, sidewalks, trails, lighting, and facilities for easy and safe use. 2014 Bicycle Plan: Recommendation 2.7 - Expand Safe Routes to School Programming With the assistance of local advocacy organizations and community partners, the SRTS program will educate at least 8,000 K-12 students annually by 2020. A new school-rotation schedule will ensure regular bike-ped educational opportunities for students at all public schools. This grant funding will allow implementation of the first two years of the new school-rotation schedule without taking away from other SRTS programming. Fourteen schools are scheduled to receive programming through this grant: Linton Elementary, Tavelli Elementary, Werner Elementary, Cottonwood Plains Elementary, Coyote Ridge Elementary, Johnson Elementary, Lab School, Lopez Elementary, McGraw Elementary, Zach Elementary, Kinard Middle School, Lesher Middle School, Preston Middle School and Webber Middle School. CITY FINANCIAL IMPACTS This is the latest of several grants received by the City’s Safe Routes to School program since 2007, totaling $785,000. CDOT is providing the full $55,038, with no matching funds required. The City can begin utilizing the funds immediately upon City Council’s approval of this appropriation. BOARD / COMMISSION RECOMMENDATION The Transportation Board and its Bicycle Advisory Committee receive periodic updates from the SRTS program. Both groups have shown strong support for the program’s goals as well as for grant funding to support the program. The PSD SRTS Steering Committee supports implementation of the new school-rotation schedule. PUBLIC OUTREACH SRTS public outreach occurs on an ongoing basis through presentations to school PTOs/PTAs, school wellness teams and community groups. Public outreach is also accomplished through an SRTS annual summary and other information posted on the SRTS website, fcgov.com/saferoutes. ATTACHMENTS 1. 2014 Summary of Activities (PDF) 2. School Rotation Schedule (PDF) Packet Pg. 50 2014 Summary of Activities Safe Routes to School Program FC Moves Department, City of Fort Collins Background Safe Routes to School is a nationwide effort to get more children biking and walking to school for their health, the environment and academic achievement. The City of Fort Collins Safe Routes to School (SRTS) program is administered by an SRTS coordinator (0.80 FTE) housed within the FC Moves Department. Our goal is to get at least 50 percent of local K–12 students biking or walking to school on a regular basis. Funding is provided by the Keep Fort Collins Great (KFCG) tax initiative and grants from the Colorado Department of Transportation (CDOT), BNSF Railway and other sources. Major program partners include Poudre School District (PSD) and Thompson School District; Bike Fort Collins; Safe Kids Larimer County; Bicycle and Pedestrian Education Coalition (BPEC) and its member organizations; local bike shops and other businesses; and several City departments, including Police Services, Engineering, Traffic Operations, Environmental Services and Recreation. Information on Safe Routes to School is available at fcgov.com/saferoutes, coloradodot.info/programs/bikeped/safe-routes, saferoutesinfo. org, and saferoutespartnership.org. Financials • Expenditures: $114,000 ($74,000 City KFCG funding and $40,000 grant funding). • New grant funding received: $355,725. • New City funding approved for 2015–16: $100,000 annually for SRTS Strategic Traffic Infrastructure. Education and Encouragement Activities • Education and encouragement activities for Fort Collins K–12 students and preschoolers were delivered by the SRTS coordinator and through contracted services by Bike Fort Collins. This programming reached approximately 12,000 students and 3,000 adults in 2014. Of this number, 6,544 students received a high-quality educational contact with an SRTS instructor; these high-quality contacts came in the form of helmet fittings (and free helmets), bike-ped safety education in PE classes and after-school programs, Family Bike Rodeos, bike field trips, walking school buses and similar activities. A total of 24 PSD schools and four non-PSD schools were served by SRTS in 2014 (including PSD Options for homeschoolers). In addition, SRTS reached several youth organizations, including Center for Family Outreach, La Familia, Boy Scouts, Girl Scouts, KidsThatTri and BASECamp. High-quality adult educational contacts were made at train-the-trainer workshops, with 124 adults receiving SRTS training in 2014. • The Safe Kids Larimer County Strap & Snap program, an SRTS partner organization, reached an additional 1,622 third-graders with helmet-safety instruction during the year. Packet Pg. 51 Attachment: 2014 Summary of Activities (3208 : Safe Routes 2015-16 CDOT Grant) • The coordinator gave SRTS informational presentations to nine school and community groups. • The coordinator facilitated community-wide celebrations of National Bike to School Day and International Walk to School Day. • A new partnership program was developed with the City’s Recreation Department in offering B.I.K.E. Camps during the summer led by SRTS instructors. • Train-the-trainer workshops included a training for BASECamp instructors and a Basic Bike Maintenance workshop for SRTS instructors. • About 600 free bike helmets were distributed to students and parents in the community. • New ride-leader bags with first-aid supplies and on-the-road repair kits were created for use on practice bike rides. • The coordinator worked with FC Bikes to implement a grant-funded Boltage Demonstration Project and Junior Bicycle Ambassador Program. • The coordinator wrote the following BPEC columns, published in the Coloradoan: “This Land Is Your Land, So Grab Your Bike” (Jan. 27), “Fort Collins Trails a Diamond in the Making” (June 16) and “Start a Trend on International Walk to School Day” (Sept. 22). • The coordinator wrote an article titled “Two-wheeled Families Have More Fun” that was published in Ride magazine. Engineering Activities • The CDOT-funded grant for 40 new bike racks at 15 PSD schools was completed. • SRTS assisted PSD Wellness with acquisition and installation of bike fix-it stations at the four major PSD high schools. • SRTS received $314,903 in grant funding from CDOT and PSD for a new multi-use trail serving Tavelli Elementary. • Traffic Operations coordinated many SRTS-related projects, including an enhanced crosswalk on Swallow Road in the vicinity of Rocky Mountain High School and a new radar speed display on Prospect at Bauder Elementary. • The Engineering Dept. completed several sidewalk projects near schools as part of the Pedestrian Needs Assessment program, including in the areas of Irish Elementary and Barton Prekindergarten. • A new pedestrian overpass was built on the Mason Trail near the Spring Creek Trail as part of the MAX Bus Rapid Transit project, and a new pedestrian underpass was built on the Mason Trail at Troutman as part of the same project. Enforcement Activities • Fort Collins Police and School Resource Officers assisted with SRTS-related enforcement in school areas. • The FC Moves Dept. continued funding of the PSD Crossing Guard Program, administered by PSD. Evaluation Activities • Mode-of-transportation tallies and parent pre-training and/or post-training surveys were administered, collected and delivered to the National Center for Safe Routes to School for schools receiving grant-funded SRTS activities. • Pre- and post-tests were created and conducted as part of the Blevins Middle School “Bike PE” program. • Feedback was solicited and received from PE teachers and train-the-trainer workshop participants to help improve future programming. • Feedback was provided to Bike Fort Collins relating to its contractual services. Packet Pg. 52 Attachment: 2014 Summary of Activities (3208 : Safe Routes 2015-16 CDOT Grant) Program Administration • The program’s expenditures for 2014 included $74,000 in KFCG funding plus approximately $40,000 in grants, totaling $114,000. • New grants received during 2014 amounted to $355,725, including $314,903 for the Tavelli multi-use path, $25,822 for educational programming at PSD schools and a $15,000 grant from New Belgium for SRTS Stategic Equipment for Fort Collins Youth. • Routine administrative functions included grants administration, including budget management, subcontractor oversight and reporting. Final reports were submitted to CDOT for the 2011–12 Infrastructure Grant (bike racks) and 2012–13 Non-infrastructure Grant (education/encouragement). A final report was also submitted to BNSF Railway for its $10,000 grant. • The coordinator wrote and submitted several offers as part of the City’s “Budgeting for Outcomes” process for the 2015–16 budget. One enhancement that received funding is for $100,000 annually for SRTS Strategic Traffic Infrastructure. • The coordinator wrote and submitted a 2015–16 CDOT SRTS Non-infrastructure Grant proposal (anticipated to receive funding in the amount of $55,000). • The SRTS warehouse moved to an improved facility at 220 N. Howes St., and the SRTS program acquired a new cargo van (shared with the FC Moves Dept.). • The SRTS bike fleet was delivered to schools/events where needed; 45 new bikes were added to the SRTS fleet, bringing the total to 98 bikes (including 20 bikes housed at Lincoln Middle School and 25 bikes housed at Bauder Elementary). • The coordinator asssisted in the acquisition of a new pedaling school bus to be used at encouragement activities at schools. A local fabricator is building the new school bus with funding provided by a private donor. It was test- ridden in 2014 by students at Harris and Beattie elementary schools.The bus will be completed in 2015. • The coordinator attended a mandatory CDOT SRTS grantee training in May for the 2014–15 non-infrastructure grant. The coordinator also attended the Colorado Bike Summit/Winter SRTS Rally and the New Partners for Smart Growth conference in Denver. • The coordinator served on the following committees: City of Fort Collins Bike Plan Planning Management Team, Bike Plan Technical Advisory Committee, West-Central Area Plan Technical Advisory Committee, Bike Share Business Plan Technical Advisory Committee, Bicycle and Pedestrian Education Coalition (BPEC), Built Environment Work Group, Poudre River/Spring Creek Trail Wayfinding Task Force, Rocky Mountain High School Wellness Team, Fort Collins High School Bike Program and Healthier Communities Coalition Council. • The coordinator participated in the Ride of the NoCo Leaders, the League of American Bicyclists’ “Getting to Diamond” ride and the Lesher Middle School “Green Ribbon School” celebration. • The coordinator participated in a CDOT Road Safety Plan Workshop and Bike-Ped Emphasis Team meetings, a Larimer County Community Health Improvement Plan implementation meeting, a City of Fort Collins Bike Plan Visioning Workshop, a PSD Wellness Workshop and a United Way “Make a Difference Day.” • The coordinator chaired meetings of the PSD SRTS Steering Committee. • The coordinator participated in the interview process for a new FC Bikes program specialist (Jamie Gaskill-Fox). • The coordinator maintained/updated the SRTS program website, fcgov.com/saferoutes, and updated the SRTS Coordinator Procedures Manual. • The coordinator responded to SRTS-related inquiries from schools, parents and the public. Report prepared by: Nancy Nichols, SRTS Coordinator, nnichols@fcgov.com, 970.416.2357, fcgov.com/saferoutes. Packet Pg. 53 Attachment: 2014 Summary of Activities (3208 : Safe Routes 2015-16 CDOT Grant) Safe Routes to School Bike-Ped Safety Education Fort Collins School Rotation Schedule fcgov.com/saferoutes Rotation focuses on K-12 public schools in Fort Collins. Assistance also provided (by request) to private K-12 schools and public/private preschools as well as youth organizations. Year: 2015, 2018, 2021 Year: 2016, 2019, 2022 Year: 2017, 2020, 2023 PSD K-5 (11 schools, 4,800 students) PSD/Thompson K-5 (11 schools, 4,500 students) PSD K-5 (11 schools, 4,700 students) Irish (spring 2015) Cottonwood Plains (Thompson) Bacon Laurel (spring 2015) Coyote Ridge (Thompson) Bennett Linton (fall 2015) Johnson Dunn O'Dea (fall 2015) Lab Harris Putnam (spring 2015) Lopez Kruse Tavelli (fall 2015) McGraw Riffenburgh Werner (fall 2015) Zach Shepardson Note: Bauder, Beattie, Olander and Traut receive bike-ped ed every year presented by PE teacher. Fullana Learning Center (preschool) also leads its own Family Bike Rodeo every year, with assistance from SRTS. These schools included in student total. PSD Middle (two schools, 500 students) PSD Middle (two schools. 750 students) PSD Middle (3 schools, 600 students) Kinard Preston Blevins Lesher Webber Boltz Lincoln Note: Middle school program for sixth grade only until additional funding becomes available. PSD High School* (est. 500 students) PSD High School (est. 500 students) PSD High School (est. 500 students) Centennial Polaris RMHS Fossil Ridge Poudre FCHS Liberty Common Poudre Community Academy Ridgeview Classical Charter/Alternative School (600 students) Charter School (600 students) Charter School (400 students) Liberty Common (K-6) Ridgeview Classical (K-8) Mountain Sage (K-5) PSD Options (K-8) PSD Global (K-12) TOTAL: 6,400 TOTAL: 6,400 TOTAL: 6,200 Note: Goal is to serve every school category (K-5, middle, high) once every three years with in-depth SRTS bike-ped program. This gives K-5 students one to two year's exposure to in-depth program, plus Strap-n-Snap in third grade and SRTS bike-safety assembly in fifth grade. In middle school, the program focuses on sixth grade only (until funding becomes available to serve all grades). Individual students may participate in many additional bike-ped activities such as International Walk to School Day, National Bike to School Day, school walkathons/triathlons, after-school biking/walking clubs, bike-ped assemblies, Family Bike Rodeos, biking/walking field trips, BASECamp bike-ped activities, summer bike camps, and other SRTS-related activities in the community. The newest charter school, Fort Collins Montessori School, to be added to rotation schedule after school is operational. Cache La Poudre Elementary and Middle School in Laporte may be added to this list in the future because a large percentage of those students reside in Fort Collins. * High-school program takes the form of TS101, High School Bicycle Ambassadors, or other more advanced (adult-level) programming. Unlike at K-8 schools, many of these students opt in to programming; therefore student total is estimate. Attachment: School Rotation Schedule (3208 : Safe Routes 2015-16 CDOT Grant) - 1 - ORDINANCE NO. 063, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE IN THE TRANSPORTATION SERVICES FUND FOR THE SAFE ROUTES TO SCHOOL PROGRAM WHEREAS, the Safe Routes to School Program established by the Colorado Department of Transportation (CDOT) is designed to promote the safety of students traveling to and from school and to encourage more students to choose walking or bicycling to and from school; and WHEREAS, the City of Fort Collins FC Moves Department has received a federal grant through the Colorado Department of Transportation (CDOT) in the amount of $55,038 for the Safe Routes to School Program; and WHEREAS, no matching funds are required for this grant; and WHEREAS, the grant funds will be used to implement a new school-rotation schedule which will ensure that students in all public schools in Fort Collins receive bike-ped safety education on a regular basis; and WHEREAS, the following fourteen schools are scheduled to receive programming through this grant: Linton Elementary, Tavelli Elementary, Werner Elementary, Cottonwood Plains Elementary, Coyote Ridge Elementary, Johnson Elementary, Lab School, Lopez Elementary, McGraw Elementary, Zach Elementary, Kinard Middle School, Lesher Middle School, Preston Middle School and Webber Middle School; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff has determined that the appropriation of the grant funds as described herein will not cause the total amount appropriated in the Transportation Services Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that there is hereby appropriated for expenditure from unanticipated revenue in the Transportation Services Fund the sum of FIFTY-FIVE THOUSAND THIRTY-EIGHT DOLLARS ($55,038) for the Safe Routes to School program. Packet Pg. 55 - 2 - Introduced, considered favorably on first reading, and ordered published this 2nd day of June, A.D. 2015, and to be presented for final passage on the 7th day of July, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 7th day of July, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 56 Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY June 2, 2015 City Council STAFF Timothy Kemp, Civil Engineer SUBJECT Items Relating to the Vine Drive and Shields Street Intersection Improvement Project. EXECUTIVE SUMMARY A. Resolution 2015-057 Authorizing the Mayor to Execute an Intergovernmental Agreement with Larimer County to Receive Funding for the Vine Drive and Shields Street Intersection Improvements Project. B. First Reading of Ordinance No. 064, 2015, Appropriating Unanticipated Revenue in the Capital Projects Fund for the Vine Drive and Shields Street Intersection Improvements Project and Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. The purpose of this item is to authorize the Mayor to sign an Intergovernmental Agreement (IGA) with Larimer County to receive additional funding for the Vine Drive and Shields Street Intersection Improvement Project, as well as appropriate the additional funding into the Capital Project Fund for the project. The City received a federally funded grant through the North Front Range Metropolitan Planning Organization (NFRMPO) for operational and safety improvements at the Vine Drive and Shields Street intersection, previously appropriated through Ordinance No. 076, 2012. Building on Basics (BOB) Intersection Funds and the Regional Road Impact Fee funds were used as matching funds for the grant. A construction cost estimate was developed in 2012. Due to escalating construction costs, the current estimate has increased by approximately 15%. City and County staff have identified the Regional Road Impact Fee as a supplemental funding source for the project. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and Ordinance on First Reading. BACKGROUND / DISCUSSION In 2011, the Engineering Department completed an Arterial Intersection Priority Study, which ranked the Vine Drive and Shields Street intersection in the top ten intersections for needed safety and operational improvements. Multiple existing problems brought this intersection to the top of the list, including poor horizontal geometry, deficient and/or non-existent bicycle and pedestrian facilities, higher than average vehicle accident rates and significant congestion. Planned improvements will include multi-modal facility improvements to create a safer and more efficient intersection for all users. Project Goals: Improve safety for vehicles, bicycles and pedestrians Correct the sub-standard horizontal geometry of the intersection Improve air quality through reduced vehicle wait times Under direction of the City, Muller Engineering completed an evaluation of a signalized intersection with turn lanes compared to a single-lane modern roundabout. The Alternatives Analysis report concluded that the roundabout outperformed the signalized intersection in the categories of safety, right-of-way impacts to local Packet Pg. 57 Agenda Item 7 Item # 7 Page 2 businesses, and cost of operation. In 2012, Council adopted Resolution 2012-067 Determining that a Single Lane, Modern Roundabout is the Preferred Alternative for the Vine Drive and Shields Street Intersection Improvements. The City received a grant through the NFRMPO, as well as funds through the Larimer County Regional Road Impact Fee. Those funds were appropriated through City Ordinance No. 076, 2012. IGAs were executed as authorized by Resolutions 2012-065 and 2012-066. Due to escalating construction costs, additional funds from the Regional Road Impact Fee were identified by City and County staff. CITY FINANCIAL IMPACTS This Ordinance will authorize the appropriation of Regional Road Impact Fee funds into the City of Fort Collins Capital Project Fund for construction of the Vine Drive and Shields Street Intersection Improvement Project. The Regional Road Impact Fee was adopted by City Council in February, 2000 as Resolution 2000-024. The methodology for the fee is based on a “demand driven” model which charges new traffic-generating developments the cost of replacing the capacity that the development consumes on the regional road system. The Resolution states that the City and the County will collect fees on building permits within their own jurisdiction for the purpose of improving five specific regional roads within the City’s Growth Management Area (GMA); one of which is Shields Street (Larimer County Road 17). The Regional Road Impact Fee funds will be spent prior to using any of the Building on Basics Intersection funds. The following table lists the funding sources, amounts and percentages of the total project cost. FUNDING SUMMARY (2012 - 2015) Funding Source Funding Amount % of Total Project Cost STP-Metro Federal Grant (CDOT) $1,054,000 ±57% Regional Road Impact Fee (Larimer County) (2012) $325,000 ±18% Building on Basics Intersection Fund (City) $322,101 ±17% Regional Road Impact Fee (Larimer County) (2015) $150,000 ±8% Total Anticipated Funding $1,851,101 100% Regional Road Impact Fee funds collected in 2012 were used as the Local Agency Match up to the amount of $219,101 and as Overmatch in the amount of $105,899. Building on Basics funds were used as Overmatch in the amount of $322,101. Regional Road Impact Fee funds collected in 2015 will be used as Overmatch in the amount of $150,000. The Vine Drive and Shields Street Intersection Improvements Project was awarded a total of $1,054,000 from the NFRMPO. Disbursement of the construction funds were made available at the beginning of CDOT 2015 Fiscal Year. The following table lists the funding amount by CDOT Fiscal Year (FY). FY 2012 FY 2013 FY 2014 FY 2015 TOTAL Federal Funds $304,000 $132,000 - $618,000 $1,054,000 BOARD / COMMISSION RECOMMENDATION At its February 15, 2012 meeting, the Transportation Board unanimously approved the modern roundabout design option. The Transportation Board also encouraged staff to coordinate with Lincoln Middle School and Putnam Elementary School employees, students and parents. Packet Pg. 58 Agenda Item 7 Item # 7 Page 3 PUBLIC OUTREACH City staff partnered with Larimer County for two open house events. The first event was in the fall 2011 to announce the kick-off for both agencies’ projects. The City communicated the need for improvements at the intersection and discussed the Alternatives Analysis process. The open house participants agreed with the “need” statement and were generally neutral to the type of intersection improvements. The second open house was held in May 2012 to present the findings of the City’s Intersection Alternatives Analysis. Invitations were sent to all residents and business owners within a ¼ mile radius of the intersection. Additionally, Lincoln Middle School and Putnam Elementary School staff and parents were included on the invitee list. Current outreach for construction includes the following elements: Project website with regular updates Fliers mailed to residents Coordination with Larimer County ATTACHMENTS 1. Project Location Map (PDF) Packet Pg. 59 Arthur Canal N Shields St W Vine Dr Vine & Shields Intersection Improvements Project Location Map Printed: May 19, 2015 Legend ³ 0 50 100 200 300 400 Project Location Feet ATTACHMENT 1 Packet Pg. 60 Attachment: Project Location Map (3202 : Vine/Shields Intersection Improvements) - 1 - RESOLUTION 2015-057 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH LARIMER COUNTY TO RECEIVE FUNDING FOR THE VINE DRIVE AND SHIELDS STREET INTERSECTION IMPROVEMENTS PROJECT WHEREAS, in 2011, the City Engineer completed an arterial intersection priority study which ranked Vine Drive and Shields Street as an intersection in need of safety and operational improvements; and WHEREAS, the intersection demonstrated poor horizontal geometry, deficient or nonexistent bicycle and pedestrian facilities and higher than average vehicle accident rates as well as significant congestion; and WHEREAS, an "alternatives analysis" report was prepared by Muller Engineering which concluded that a single-lane roundabout intersection at that location will outperform a signalized intersection with respect to safety, right-of-way impacts to local businesses, and costs of operation; and WHEREAS, the single-lane roundabout intersection would also have a positive impact on short and long term air quality, would improve storm drainage facilities, would enhance landscape elements and would provide accessible crosswalks for bicycle and pedestrian users; and WHEREAS, pursuant to Resolution 2012-067 City Council has determined that a single- lane, modern roundabout is the preferred alternative for the Vine Drive and Shields Street intersection improvement; and WHEREAS, the total amount of $1,701,101 has been appropriated for the design, right- of-way acquisition, and construction of the Vine Drive and Shields Street Intersection Improvements Project (the "Project"); and WHEREAS, the City and the County have jointly established the Regional Transportation Capital Improvement Expansion Fee (the “Regional Road Impact Fee”), which for the City is set out in Chapter 7.5, Article VI, of the City Code and has as its intent and purpose to establish a fee program to assure that new development contributes a proportionate share of the costs of providing new capital improvements for the Regional Road CIP system; and Packet Pg. 61 - 2 - WHEREAS, due to escalating construction costs, additional funds in the amount of $150,000 from the Regional Road Impact Fee have been identified by City and County staff to be used for the Project; and WHEREAS, Larimer County has agreed to make available from the Regional Road Impact Fee Program additional funding in the amount of $150,000 to cover the additional escalating construction costs of the Project, and has presented to the City an intergovernmental agreement in support of such additional funding; and WHEREAS, the City Council has determined that it is in the best interests of the City that the Mayor be authorized to execute the intergovernmental agreement between the City and Larimer County for the provision from the Regional Road Impact Fee Program of the sum of $150,000 to cover additional funds that are needed due to escalating construction costs of the Project, which agreement is attached hereto as Exhibit “A” and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Mayor is hereby authorized to execute an intergovernmental agreement between the City and Larimer County for the provision of the sum of $150,000 from the Regional Road Impact Fee Program to cover escalating construction costs for the Project. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 2nd day of June, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 62 INTERGOVERNMENTAL AGREEMENT FOR VINE DRIVE AND SHIELDS STREET INTERSECTION THIS INTERGOVERNMENTAL AGREEMENT is entered into this ____ day of ______________, 2015, by and between Larimer County, Colorado ("County") and the City of Fort Collins, Colorado ("City"). FACTUAL BACKGROUND AND PURPOSE A. The City and County previously executed an Intergovernmental Agreement for the engineering design and construction activities related to the Vine Drive and Shields Street (LCR 17) Intersection Improvements Project, Resolution 2012-066. B. This Intergovernmental Agreement describes the responsibilities, approval authorities and process under which Larimer County is providing partial funding for engineering and construction activities related to the Vine Drive and Shields Street (LCR 17) Intersection Improvements Project. Shields Street (LCR 17) is identified as a Regional Road in the County’s Functional Road Classification and a portion of the regional road fees that have been collected by the City will be allocated towards construction of roadway and intersection improvements. Since the majority of the improvement area is within the limits of the City, it is reasonable for the City to take the lead on management of the construction of the roadway and intersection improvements; similar to the prior agreement approved under Resolution 2012-066. C. The City will involve the Larimer County Engineering Department in the bidding process and construction coordination for the project. D. The previous appropriations executed in 2012 are included as Exhibit A, attached hereto and incorporated herein by this reference, and totals $1,701,101. The County and City have a mutually agreed upon contribution of an additional $150,000 to the project from the Regional Road Fee to be used for construction; as shown in Exhibit B, attached hereto and incorporated herein by this reference. AGREEMENT NOW THEREFORE, in consideration of the mutual promises of the parties and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. Upon City Council approval of this Agreement, the County shall transfer the amount of $150,000 to the City. This transfer shall be made such that the funds are available prior to the first construction payment to the contractor. The City shall have the authority to administer and expend these funds on construction and other expenses directly related to this project. EXHIBIT A Packet Pg. 63 Attachment: Exhibit A (3224 : Vine/Shields Intersection RESO) 2. The City shall maintain accurate accounts of all project expenditures that are paid from the Regional Road Fee funds provided by the County. The City will provide the County with information detailing incremental and total project expenditures and remaining balance of funds at least quarterly. The County contact for this reporting will be Rusty McDaniel, Assistant County Engineer. 3 The City shall notify and obtain County consent prior to authorizing any changes in scope-of-services or efforts that would cause costs to exceed the budgeted amount in Exhibit B. 4. Following completion and acceptance of the construction, the City shall return to the County the balance of any unused funds that were provided by the County for this project. 5. Both the City and County intend that this Agreement be binding upon them. Either party hereto shall be permitted to specifically enforce any provision of this Agreement in a court of competent jurisdiction and this Agreement shall constitute the entire understanding of the parties hereto with regard to the subject matter hereof. IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written. CITY OF FORT COLLINS, COLORADO By: ______________________________ Wade Troxell, Mayor ATTEST: ____________________________ City Clerk APPROVED AS TO FORM: ____________________________ Deputy City Attorney COUNTY OF LARIMER, COLORADO By: ________________________________ Lew Gaiter III - Chair ATTEST: ____________________________ APPROVED AS TO FORM: ___________________________ Assistant County Attorney Packet Pg. 64 Attachment: Exhibit A (3224 : Vine/Shields Intersection RESO) EXHIBIT A Vine Drive and Shields Street Intersection Improvements 2012 Appropriations Summary Funding Source Amount Federal Grant $1,054,000.00 Local Agency Match (Regional Road Fee) $219,101.00 Local Agency Overmatch (Regional Road Fee) $105,899.00 Local Agency Overmatch (Building on Basics) $322,101.00 2012 TOTAL FUNDS: $1,701,101.00 EXHIBIT B Vine Drive and Shields Street Intersection Improvements 2015 Revised Budget Funding Source Amount Federal Grant $1,054,000.00 Local Agency Match (Regional Road Fee) $219,101.00 Local Agency Overmatch (Regional Road Fee) $105,899.00 Local Agency Overmatch (Building on Basics) $322,101.00 ** Local Agency Overmatch (Regional Road Fee) $150,000.00 ** Local Agency Overmatch (Building on Basics) $150,000.00 TOTAL AVAILABLE FUNDS: $2,001,101.00 ** Indicates Items that are being added to the Project Budget Packet Pg. 65 Attachment: Exhibit A (3224 : Vine/Shields Intersection RESO) - 1 - ORDINANCE NO. 064, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE IN THE CAPITAL PROJECTS FUND FOR THE VINE DRIVE AND SHIELDS STREET INTERSECTION IMPROVEMENTS PROJECT AND TRANSFERRING APPROPRIATIONS TO THE CULTURAL SERVICES AND FACILITIES FUND FOR THE ART IN PUBLIC PLACES PROGRAM WHEREAS, in 2011, the City Engineer completed an arterial intersection priority study which ranked Vine Drive and Shields Street as an intersection in need of safety and operational improvements; and WHEREAS, the intersection demonstrated poor horizontal geometry, deficient or nonexistent bicycle and pedestrian facilities and higher than average vehicle accident rates as well as significant congestion; and WHEREAS, an "alternatives analysis" report was prepared by Muller Engineering which concluded that a single-lane roundabout intersection at that location will outperform a signalized intersection with respect to safety, right-of-way impacts to local businesses, and cost of operation; and WHEREAS, the single-lane roundabout intersection would also have a positive impact on short and long term air quality, would improve storm drainage facilities, would enhance landscape elements and would provide accessible crosswalks for bicycle and pedestrian users; and WHEREAS, pursuant to Resolution 2012-067 City Council has determined that a single- lane, modern roundabout is the preferred alternative for the Vine Drive and Shields Street intersection improvement; and WHEREAS, the total amount of $1,701,101 has been appropriated for the design, right- of-way acquisition, and construction of the Vine Drive and Shields Street Intersection Improvements Project (the "Project"); and WHEREAS, the City and the County have jointly established the Regional Transportation Capital Improvement Expansion Fee (the “Regional Road Impact Fee”), which for the City is set out in Chapter 7.5, Article VI, of the City Code and has as its intent and purpose to establish a fee program to assure that new development contributes a proportionate share of the costs of providing new capital improvements for the Regional Road CIP system; and WHEREAS, due to escalating construction costs, additional funds in the amount of $150,000 from the Regional Road Impact Fee have been identified by City and County staff to be used for the Project; and WHEREAS, this Ordinance appropriates the additional Regional Road Impact Fee to be Packet Pg. 66 - 2 - used for the Project; and WHEREAS, one percent of the appropriation for the construction project, ($1,500) must be transferred to the Cultural Services and Facilities fund for a contribution to the Art in Public Places (APP) program, with $1,170 reserved for the APP artwork project and $330 reserved for the maintenance of the artwork and operations of the APP program; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff has determined that the appropriation of the revenue as described herein will not cause the total amount appropriated in the Capital Projects Fund to exceed the current estimate of actual and anticipated revenues during fiscal year 2015; and WHEREAS, Article V, Section 10 of the City Charter authorizes the City Council to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one fund (project) to another fund (project), provided that the purpose for which the transferred funds are to be expended remains unchanged. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That there is hereby appropriated from unanticipated revenue in the Capital Projects Fund the sum of ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000) for expenditure in the Capital Projects Fund for the Vine Drive and Shields Street Intersection Improvements Project. Section 2. That the unexpended appropriated amount of ONE THOUSAND ONE HUNDRED SEVENTY DOLLARS ($1,170) in the Capital Projects Fund - Lincoln Corridor Improvements Project is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the APP Art Project. Section 3. That the unexpended appropriated amount of THREE HUNDRED THIRTY DOLLARS ($330) in the Capital Projects Fund - Lincoln Corridor Improvements Project is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Program Maintenance and Operations. Packet Pg. 67 - 3 - Introduced, considered favorably on first reading, and ordered published this 2nd day of June, A.D. 2015, and to be presented for final passage on the 7th day of July, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 7th day of July, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 68 Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY June 2, 2015 City Council STAFF Ted Shepard, Chief Planner SUBJECT First Reading of Ordinance No. 065, 2015, Making Various Amendments to the Land Use Code. EXECUTIVE SUMMARY The purpose of this item is to adopt a variety of revisions, clarifications and additions to the Land Use Code that are housekeeping and routine in nature and that have been identified since the last update in December 2014. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The Land Use Code was first adopted in March of 1997. Subsequent revisions have been recommended on a regular basis to make changes, additions, deletions and clarifications that have been identified since the last update. The proposed changes are offered in order to resolve implementation issues and to continuously improve both the overall quality and “user-friendliness” of the Code. CITY FINANCIAL IMPACTS A new use, Light Industrial - No Outside Storage, is being added to the C-G, General Commercial zone district, in order to broaden economic opportunities and help fulfill the vision of the Midtown Plan. This addition allows the Land Use Code to respond to current trends and further enable economic activity along the South College Avenue corridor. BOARD / COMMISSION RECOMMENDATION All of the proposed changes have been discussed and refined in conjunction with the Planning and Zoning Board at various work sessions between February and April of this year. At its May 14, 2015 meeting, the Planning and Zoning Board considered the proposed revisions on its Consent Calendar and voted unanimously to recommend Council approval of all the changes. Seasonal Overflow Shelters – Not Included In This Ordinance: The Board also considered, but tabled, the establishment of a new land use, Seasonal Overflow Shelter, and its placement into several zone districts. This item was tabled for further consideration and public outreach. The Board encouraged staff to bring this item back outside the customary biannual process in order for such shelters to be available prior to the onset of cold weather. Staff plans on addressing this issue over the next two to three months leaving sufficient time for applicants and providers to make the necessary arrangements. During this time, staff will conduct further public outreach. At this time, the proposed code revisions addressing Seasonal Overflow Shelters are expected to include the following: Packet Pg. 69 Agenda Item 8 Item # 8 Page 2 Creating two new definitions, one for Homeless Shelters and one for Seasonal Overflow Shelters. Creating new Supplemental Regulations and criteria by which to review Seasonal Overflow Shelters. Add these uses to the appropriate zone districts. PUBLIC OUTREACH The proposed revisions were listed on “This Week in Development Review,” the weekly online notice that is posted on the website and sent to approximately 435 subscribers. The items were then noted on the “Agenda” notice for the May Planning and Zoning Board public hearing, and then post-hearing, listed again under “Recent Outcomes.” In addition, staff has outreached to the following organizations: C.S.U. Assistant Vice President for Student Affairs/Dean of Students Early Childhood Council of Larimer County Fort Collins Chamber of Commerce Fort Collins Board of Realtors Fort Collins Commercial Brokers Group ATTACHMENTS 1. Land Use Code Issues List (PDF) 2. Annotated Issue List (PDF) 3. Annotated Ordinance Index (PDF) Packet Pg. 70 ATTACHMENT 1 Packet Pg. 71 Attachment: Land Use Code Issues List (3212 : Land Use Code Changes) ATTACHMENT 2 Packet Pg. 72 Attachment: Annotated Issue List (3212 : Land Use Code Changes) Packet Pg. 73 Attachment: Annotated Issue List (3212 : Land Use Code Changes) Packet Pg. 74 Attachment: Annotated Issue List (3212 : Land Use Code Changes) Packet Pg. 75 Attachment: Annotated Issue List (3212 : Land Use Code Changes) Packet Pg. 76 Attachment: Annotated Issue List (3212 : Land Use Code Changes) Packet Pg. 77 Attachment: Annotated Issue List (3212 : Land Use Code Changes) Packet Pg. 78 Attachment: Annotated Issue List (3212 : Land Use Code Changes) ATTACHMENT 3 Packet Pg. 79 Attachment: Annotated Ordinance Index (3212 : Land Use Code Changes) Packet Pg. 80 Attachment: Annotated Ordinance Index (3212 : Land Use Code Changes) - 1 - ORDINANCE NO. 065, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING VARIOUS AMENDMENTS TO THE CITY OF FORT COLLINS LAND USE CODE WHEREAS, on March 18, 1997, by its adoption of Ordinance No. 051, 1997, the City Council enacted the Fort Collins Land Use Code (the "Land Use Code"); and WHEREAS, at the time of the adoption of the Land Use Code, it was the understanding of staff and the City Council that the Land Use Code would most likely be subject to future amendments, not only for the purpose of clarification and correction of errors, but also for the purpose of ensuring that the Land Use Code remains a dynamic document capable of responding to issues identified by staff, other land use professionals and citizens of the City; and WHEREAS, City staff and the Planning and Zoning Board have reviewed the Land Use Code and identified and explored various issues related to the Land Use Code and have made recommendations to the Council regarding such issues; and WHEREAS, the City Council has determined that the recommended Land Use Code amendments are in the best interests of the City and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 2.11.2 of the Land Use Code is hereby amended to read as follows: 2.11.2 Administrative Appeal Review Procedures An appeal from an administrative decision shall be processed according to, in compliance with and subject to the provisions contained in Division 2.1 and Steps 1 through 12 of the Common Development Review Procedures (Sections 2.2.1 through 2.2.12, inclusive) as follows: . . . (E) Step 5 (Staff Report): Not aApplicable. (F) Step 6 (Notice): Only Section 2.2.6(A) applies, except that "154 days" shall be changed to "7 days," everywhere it occurs in Section 2.2.6. Section 2.2.6(B)-(D) shall not apply. . . . (H) Step 8 (Standards): Applicable, and an appeal from an administrative decision shall be determined based upon the same standards which applied to the underlying administrative decision. Any appeal that is taken pursuant to this Division must be Packet Pg. 81 - 2 - taken not later than fourteen (14) days from the date that the administrative decision was made; and, except for administrative decisions which are not focused upon a specific parcel of real property (are general in nature), may be filed only by persons who possess a legal or equitable interest in the specific real property which is the subject of the decision, or who own or reside within real property any part of which is located within five hundred (500)eight hundred (800) feet of the specific real property which is the subject of the decision. . . . Section 2. That Section 3.2.2(K)(1)(e) of the Land Use Code is hereby amended to read as follows: . . . (e) Fraternity and Sorority Houses: For each fraternity or sorority house, there shall be two (2) parking spaces per three (3) bedsrooms, plus one (1) parking space per two (2) employees. The alternative compliance provisions of Section 3.2.2(K)(1)(a)(2) may be applied to vary this standard. . . . Section 3. That Section 3.3.1(A) of the Land Use Code is hereby amended to read as follows: 3.3.1 Plat and Development Plan Standards (A) General Provisions. (1) Applicability. No (1) final plat of a subdivision or (2) development plan, shall be approved and accepted by the city unless it conforms to the provisions of this Land Use Code. . . . Section 4. That Section 3.3.1(B)(1) of the Land Use Code is hereby amended to read as follows: (B) Lots. (1) No lot in a subdivision shall have less area than required under the applicable zoning requirements of the city. Each lot must have vehicular access to a public street. Lots with both front and rear frontage on a street shall not be permitted except where necessary to provide separation from arterial streets or from incompatible land uses, or to take access from an alley. Side lot lines shall be substantially at right angles or radial to street lines. . . . Packet Pg. 82 - 3 - Section 5. That Section 3.5.2(E)(3) of the Land Use Code is hereby amended to read as follows: (E) Residential Building Setbacks, Lot Width and Size. . . . (3) Side and Rear Yard Setbacks. The minimum side yard setback for all residential buildings and for all detached accessory buildings that are incidental to the residential building shall be five (5) feet from the property line, except for alley-accessed garages, for which the minimum setback from an alley shall be eight (8) feet. If a zero-lot-line development plan is proposed, a single six-foot minimum side yard is required. Rear yard set- backs in residential areas shall be a minimum of eight (8) feet from the rear property line, except for garages and storage sheds not exceeding eight (8) feet in height, where the minimum setback shall be zero (0) feet. . . . Section 6. That Section 3.6.5 of the Land Use Code is hereby amended to read as follows: 3.6.5 Transit FacilitiesBus Stop Design Standards (A) Purpose. The purpose of this Section is to ensure that new development adequately accommodates existing and planned transit service by integrating facilities designed and located appropriately for transit into the development plan. (B) General Standard. All development located on an existing or planned transit route shall accommodateinstall or construct a transit stop and other associated facilities on an easement or right-of-way dedicated to the City as prescribed by the City of Fort Collins TransitBus Stop Design Standards and Guidelines in effect at the time of installation, unless the Director of Community Services determines that adequate transit facilities consistent with the TransitBus Stop Design Standards already exist to serve the needs of the development. All development located on existing transit routes will accommodate the transit facilities by providing the same at the time of construction. All development located on planned routes will accommodate said facilities by including the same in the development plan and escrowing funds in order to enable the city or its agents to construct the transit facilities at the time transit service is provided to the development. All facilities installed or constructed shall, upon acceptance by the City, become the property of the City and shall be maintained by the City or its agent. (C) Location of Existing and Planned Transit Routes. For the purposes of application of this standard, the location of existing transit routes shall be defined by the Transfort Route Map in effect at the time the application is approved. The location Packet Pg. 83 - 4 - of planned transit routes shall be defined according to the City Structure PlanTransfort Strategic Operating Plan, as amended. Section 7. That Section 3.8.25 of the Land Use Code is hereby amended to read as follows: 3.8.25 Permitted Uses: Abandonment Period/Reconstruction of Permitted Uses (A) If, after June 25, 1999 (the effective date of the ordinance adopting this Section), active operations are not carried on in a permitted use during a period of twelve (12) consecutive months, the building, other structure or tract of land where such permitted use previously existed shall thereafter be re-occupied and used only after the building or other structure, as well as the tract of land upon which such building or other structure is located, have, to the extent reasonably feasible, been brought into compliance with the applicable general development standards contained in Article 3 and the applicable district standards contained in Article 4 of this Code as determined by the Director. This requirement shall not apply to any permitted use conducted in a building that was less than ten (10) years old at the time that active operations ceased. Intent to resume active operations shall not affect the foregoing. (B) A building or structure containing a permitted use which has been damaged by fire or other accidental cause or natural catastrophe may be reconstructed to its previous condition, provided that such work is started within twelve (12) months of the date of the occurrence of such damage. In the event such work is started later than twelve (12) months from the date of the occurrence, then the building or structure may be reconstructed, provided that, to the extent reasonably feasible, such reconstruction complies with the applicable standards of Article 3 and Article 4 of this Code as determined by the Director. (C) Any determination of the Director under this Section shall constitute a building permit decision and as such shall be appealable as a building permit under Section 2.11(B)(9). Section 8. That Section 3.8.30(F)(1) of the Land Use Code is hereby amended to read as follows: (F) Design Standards for Multi-Family Dwellings. (1) Orientation and Buffer Yards. Buffer yards along the property line of abutting property containing single- and two-family dwellings shall be twenty-five (25) feet. This provision shall not apply to structures within the Neighborhood Conservation Buffer (NCB) district and the Neighborhood Conservation Medium Density (NCM) district. Section 9. That Section 4.5(B)(3)(d) of the Land Use Code is hereby amended to read as follows: Packet Pg. 84 - 5 - (d) Industrial Uses (provided they are located within five hundred [500] feet of East Vine Drive): 1. Workshops and custom small industry. 2. Light industrial (production, assembly, packaging). 3. Small-scale and medium-scale solar energy systems. Section 10. That Section 4.5(B)(3) of the Land Use Code is hereby amended to read as follows: . . . (e) Industrial Uses: 1. Small scale and medium scale solar energy systems. (ef) Accessory/Miscellaneous Uses: 1. Wireless telecommunication equipment. Section 11. That the table contained in Section 4.21(B)(2)of the Land Use is hereby amended to read as follows: . . . D. INDUSTRIAL USES . . . . . . . . . Light industrial – no outside storage Not permitted Type 2 . . . Section 12. That the definition of “Child Care Center” contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Child care center shall mean a facility, by whatever name known, which is maintained for the whole or part of a day for the care of seven (7) or more children under the age of sixteen (16) years who are not related to the owner, operator or manager, whether such facility is operated with or without compensation for such care and with or without stated educational purposes, except that a child care center shall not include any of the following three (3)five (5) types of family child care homes as defined by the State of Colorado: family child care homeregular family child care home, three under two family child care home, infant/toddler home, or experienced family child care provider home or large family child care home. The term includes, but is not limited to, facilities commonly known as day care centers, day nurseries, nursery schools, preschools, play groups, day camps, summer camps, large child care homes as defined by the State of Colorado, centers for developmentally disabled children and those facilities which give twenty-four-hour-per-day care for dependent and neglected children. Child care centers Packet Pg. 85 - 6 - are also those facilities for children under the age of six (6) years with stated educational purposes which are operated in conjunction with a public, private or parochial college or a private or parochial school, except that the term shall not apply to a kindergarten maintained in connection with a public, private or parochial elementary school system of at least six (6) grades. Section 13. That the definition of “Development plan” contained in Section 5.1.2 of the Land Use is hereby amended to read as follows: Development plan shall mean an application submitted to the City for approval of a permitted use which depicts the details of a proposed development. Development plan includes an overall development plan, a project development plan, and/or a final plan, and/or an amendment of any such plan. Section 14. That the definition of “Dwelling” contained in Section 5.1.2 of the Land Use Code is hereby amended to read as follows: Dwelling shall mean a building used exclusively for residential occupancy and for permitted accessory uses, including single-family dwellings, two-family dwellings and multi-family dwellings, and in the case of a dwelling to be constructed on the rear portion of a lot in the L-M-N, M-M-N, N-C-L, N-C-M, N-C-B, C-C-N, C-C-R, H-C or E zone districts, a minimum of four hundred (400) square feet of floor area, so long as a dwelling already exists on the front portion of such lot. The term dwelling shall not include hotels, motels, tents or other structures designed or used primarily for temporary occupancy. Any dwelling shall be deemed to be a principal building. Introduced, considered favorably on first reading, and ordered published this 2nd day of June, A.D. 2015, and to be presented for final passage on the 7th day of July, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 86 - 7 - Passed and adopted on final reading on this 7th day of July, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 87 Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY June 2, 2015 City Council STAFF Lindsay Kuntz, Real Estate Specialist SUBJECT First Reading of Ordinance No. 066, 2015, Authorizing the Conveyance of a Permanent Access Easement on City Property to the City of Greeley. EXECUTIVE SUMMARY The purpose of this item is to authorize the conveyance of a permanent access easement to the City of Greeley along a dirt road on City Property known as the City Ditch. The City conveyed easements in 2014 to the City of Greeley (“Greeley”) to facilitate its Greeley Bellvue Pipeline Project (the “Project”) across a strip of property owned by the City’s Utility Department located south of the Poudre River and north of Bingham Hill Road, known as the City Ditch property. At that time, Greeley was also in negotiations with the neighboring property owner for easements across their property, including an access easement in order for Greeley to access the Project site. Greeley has reached an agreement for possession of the easements needed from the neighboring property owner; however, as part of that agreement, Greeley agreed to reroute its planned access route to instead use the dirt road on the City Ditch property. As such, Greeley has requested a permanent access easement for use of the dirt road on the City Ditch property to access its pipeline site. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The Project involves the installation of about 30 miles of a 60-inch diameter pipeline and is designed to transport water from its Bellvue water treatment plant located northwest of Fort Collins to the City of Greeley water customers. The Northern Segment is one of the last portions of the Project and involves the installation of the waterline improvements from Shields Street north of Fort Collins west to the Bellvue Filter Plant. Greeley has begun construction activities on the Northern Segment in areas they have procured the necessary property interests. In 2014, City Council passed Ordinance No. 123, 2014, which authorized the conveyance of easements on the City Ditch property for the Project. The easements were conveyed to Greeley in October 2014. At that time, Greeley was still in negotiations with neighboring property owners for property interests needed on their properties. Greeley’s original access route for the project was across a neighboring property owned by the Brinks Trust. During their negotiations with the Brinks Trust, Greeley agreed, and the Brinks supported, re- routing the access to instead use the dirt road located on the City Ditch property. To complete this action, Greeley has requested from the City a permanent access easement on the dirt road on the City Ditch property extending from Bingham Hill Road northwest to the pipeline location. CITY FINANCIAL IMPACTS Greeley has agreed to pay the City an amount of $8,025 for the permanent access easement, along with a $1,000 fee to cover Real Estate Services staff time to process the request. The value for the easements was Packet Pg. 88 Agenda Item 9 Item # 9 Page 2 calculated using $15,000 per acre. This value was determined by using comparable market data and is consistent with the compensation paid for the previously granted easements. BOARD / COMMISSION RECOMMENDATION The easements requested in 2014 were presented to the Water Board and the Board voted to recommend approval of the requested easements presented at that time. This recent easement request was discussed with the Chair of the Water Board who determined this new request would not need to be presented to the Board since this additional easement meets or exceeds all previously discussed concerns about the granting of the easements. PUBLIC OUTREACH A number of public open houses were held by Greeley for their Project, to which all impacted property owners and adjacent property owners were invited. No additional public outreach occurred specific to this newly requested easement. ATTACHMENTS 1. Location Map (PDF) 2. Location detail (PDF) Packet Pg. 89 CLAYMORE LAKE ^_ New Mercer ÆDitch County City Ditch/Canal Larimer No. 2 Æ N OVERLAND TRL BINGHAM HILL RD BINGHAM HILL RD Ca c h e l a P o u d r e Ri v er N OVERLAND TRL COUNTY ROAD 54G VERNON DR BINGHAM LN ISLAND LN FERNDALE ST Location of Greeley pipeline site ± Greeley Easement Permanent Location Access Map ^_ Permanent Access Easement location ATTACHMENT 1 Packet Pg. 90 Attachment: Location Map (3206 : Greeley Access Easement) ATTACHMENT 2 Attachment: Location detail (3206 : Greeley Access Easement) - 1 - ORDINANCE NO. 066, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PERMANENT ACCESS EASEMENT ON CITY PROPERTY TO THE CITY OF GREELEY WHEREAS, the City owns a certain parcel of real property located in Larimer County, Colorado, known as the City Ditch (the “City Property”); and WHEREAS, the Larimer County Canal No. 2 Irrigating Company (the “Canal Company”) uses the City Property through an existing easement agreement with the City; and WHEREAS, the City of Greeley (“Greeley”), is in the process of acquiring the necessary easements for its Bellvue Waterline Project, which will transport water from Greeley’s Bellvue Water Treatment Plant to Greeley water customers (the “Project”); and WHEREAS, on September 23, 2014, the City Council approved Ordinance No. 123, 2014, authorizing the conveyance to Greeley of a waterline easement, access easement, and temporary construction easement for the Project; and WHEREAS, as part of the Project, and in accordance with a settlement with a neighboring property owner, Greeley is now asking the City to convey to it an additional permanent access easement as described on Exhibit “A”, attached and incorporated herein, to reach the waterline (the “Easement”); and WHEREAS, the Easement would be on an existing dirt road beside the ditch on the City Property, which runs from Bingham Hill Road north to the Poudre River; and WHEREAS, City staff has evaluated whether the Easement would interfere with the City’s or the Canal Company’s intended use of the Property, and has determined that no such interference would result from the Easement; and WHEREAS, as consideration for the Easement, Greeley has agreed to pay the City compensation of $8,025 for the value of the Easement and a $1,000 fee for City staff time required for the review, approval and processing of the Easement; and WHEREAS, City staff has identified no negative impacts to the City or the City Water Utility that would result from the grant of the requested Easement; and WHEREAS, Section 23-111 of the City Code states that the City Council is authorized to sell, convey, or otherwise dispose of any and all interests in real property owned in the name of the City, provided that the City Council first finds, by ordinance, that such sale or other disposition is in the best interests of the City and, with respect to real property that is a part of the City’s water or utility systems, that the disposition will not materially impair the viability of the utility system as a whole and will be for the benefit of the citizens of the City. Packet Pg. 92 - 2 - NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the conveyance of the Easement to Greeley as provided herein will not materially impair the viability of the City’s water utility system as a whole, will be for the benefit of the citizens of the City, and is in the best interests of the City. Section 2. That the Mayor is hereby authorized to execute such documents as are necessary to convey the Easement to Greeley, on terms and conditions consistent with this Ordinance, together with such additional terms and conditions as the City Manager, in consultation with the City Attorney, determines are necessary or appropriate to protect the interests of the City, including, but not limited to, any necessary changes to the legal description of the Easement, as long as such changes do not materially increase the size or change the character of the Easement. Introduced, considered favorably on first reading, and ordered published this 2nd day of June, A.D. 2015, and to be presented for final passage on the 7th day of July, A.D. 2015. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 7th day of July, A.D. 2015. _________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 93 Exhibit “A” Page 1 of 2 Permanent Access Easement A permanent access easement approximately 15 feet in width, generally on existing two-track farm and ditch access roads, commencing on the North (N) right of way line for Bingham Hill Road, and then in a generally northwesterly direction across a portion of the property described as Tract 2 of the Brinks Boundary Line Adjustment plat recorded February 21, 2012 at Reception No. 20120011412 described as the “Ditch Road Access Easement” and depicted on the map attached as Exhibit A incorporated herein by this reference, solely for access to those certain Permanent Water Pipeline Easements and Temporary Construction Easements conveyed by LANDOWNER to GREELEY on property adjacent to the Access Easement and to certain other easements owned or to be owned by GREELEY on and under other property, which other easements are for the general purposes of surveying, locating, installing, constructing, maintaining, inspecting, repairing, altering, removing and replacing one or more buried water pipelines, and for related testing, monitoring, restoration, and reclamation activities on such other property (the “Access Easement”). Packet Pg. 94 Attachment: Exhibit A (3207 : Greeley Access Easement ORD) N. OVERLAND TR THE STATE OF COLORADO, FOR THE USE OF THE GAME AND FISH DEPARTMENT BOOK 741 PAGE 161 JAMES S. BRINKS TRUST REC. NO. 20120009929 REC. NO. 20120011409 REC. NO. 20120011411 NEW MERCER DITCH LARIMER COUNTY CANAL NO. 2 APPROXIMATE LOCATION OF LAND DESCRIBED IN DECREE OF COURT DATED JUNE 19, 1883 AND RECORDED SEPT. 15, 1892 IN BOOK 87, PG 556 CACHE LA POUDRE RIVER RANDALL LEE & MARYLYN K. WYLIE REC. NO. 20090016640 COTTON WILLOW ESTATES SECOND FILING REC. NO. 72389 27" FT. COLLINS WATERLINE AS LOCATED IN FIELD PER FIELD LOCATES 70' DITCH EASEMENT FROM THE CITY OF FORT COLLINS TO LARIMER COUNTY CANAL NO. 2 IRRIGATING COMPANY - 40' NORTHEASTERLY & 30' SOUTHWESTERLY OF CENTERLINE OF CANAL (REC. NO. 20100044752) WATERLINE EASEMENT, BOOK 1071 PG 199, DATED 11/3/1954 AND RECORDED 7/18/1958; BOOK 1311 PG 499, DATED 11/3/1954 AND RECORDED 11/16/1969, NO WIDTH GIVEN 30' ELECTRIC EASEMENT TO PUBLIC SERVICE COMPANY OF COLORADO (BOOK 1017, PG 121) CENTERLINE FORMER RAILROAD THE GRANT FAMILY TRUST DATED FEBRUARY 18, 2005 REC. NO. 2005-0072385 HYDE LIVING TRUST REC. NO. 96078566 FORT COLLINS/LARIMER COUNTY B1722 P291 THE CITY OF FORT COLLINS REC. NO. 2002019584 RICHARD DUNLAP REC. NO. 2003-0131764 20' EASEMENT TO THE CITY OF FORT COLLINS FOR AN 8" Ø POTABLE WATERLINE (REC. NO. 89038204) OVERHEAD ELECTRIC AS LOCATED IN FIELD 20' COMMUNICATION Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY June 2, 2015 City Council STAFF Christine Macrina, Boards and Commissions Coordinator SUBJECT Resolution 2015-058 Making Appointments to the Northern Colorado Regional Airport Commission. EXECUTIVE SUMMARY The purpose of this item is to appoint Mayor Wade Troxell, City Manager Darin Atteberry and Jerry Stooksbury to the Northern Colorado Regional Airport Commission. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION On January 6, 2015, Council approved Resolution 2015-002 adopting the Airport Strategic Plan, and Resolution 2015-003 authorizing the Mayor to Execute an Amended and Restated Intergovernmental Agreement (IGA) between the owners of the Airport, the cities of Fort Collins and Loveland. As part of the Strategic Plan, a seven member Commission will be created. Two members of the Commission will be City of Fort Collins Councilmembers or employees, and the Commission will include one “Citizen Member” appointed by the Fort Collins City Council, and one “Joint Citizen Member” appointed by the cities of Fort Collins and Loveland. On March 17, 2015, Council Adopted Resolution 2015-035 appointing Thomas Fleming to the Commission to serve as the citizen member of the Commission. This resolution appoints Mayor Wade Troxell and City Manager Darin Atteberry as the two members that are City of Fort Collins Councilmembers or employees, and Jerry Stooksbury as the “Joint Citizen Member.” Mr. Stooksbury was appointed by the Loveland City Council on May 19, 2015 by Resolution #R-30-2015. Packet Pg. 96 - 1 - RESOLUTION 2015-058 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING APPOINTMENTS TO THE NORTHERN COLORADO REGIONAL AIRPORT COMMISSION WHEREAS, on January 6, 2015, the City Council passed Resolution 2015-002 adopting the Fort Collins-Loveland Airport Strategic Plan; and WHEREAS, on the same date the City Council passed Resolution 2015-003, authorizing the Mayor to execute an Amended and Restated Intergovernmental Agreement (the “IGA”) between the Cities of Fort Collins and Loveland (the “Cities”), which are the owners of the Fort Collins-Loveland Municipal Airport; and WHEREAS, the IGA directs the Cities to establish an airport governance structure in the nature of a commission to be called the “Northern Colorado Regional Airport Commission (the “Commission”); and WHEREAS, the IGA provides that the Commission shall be comprised of seven members as follows: (a) two members shall be appointed by the Loveland City Council which members shall be City of Loveland council members or employees; (b) two members shall be appointed by the Fort Collins City Council which members shall be City of Fort Collins council members or employees; (c) one Citizen Member shall be appointed by the Loveland City Council; (d) one Citizen Member shall be appointed by the Fort Collins City Council, and (e) one Joint Citizen Member shall be appointed by the City Councils upon mutual agreement; and WHEREAS, on March 3, 2015, and March 5, 2015, the Airport Selection Committee, which was appointed by the City Council, interviewed applicants desiring to serve on the Commission; and WHEREAS, the Airport Selection Committee recommended Jerry Stooksbury be appointed as the “Joint Citizen Member” and was appointed by the Loveland City Council on May 19, 2015 to serve a four-year term on the Commission; and WHEREAS, the Council discussed and agreed at the April 28, 2015 work session that Mayor Wade Troxell and City Manager Darin Atteberry should be appointed as the Council and/or employee representatives to serve on the Commission. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS, that Jerry Stooksbury is hereby appointed to serve a four-year term on the Commission, which term shall begin upon the formation of the Commission and shall expire four years later, and that Mayor Wade Troxell and City Manager Darin Atteberry be appointed as the Council and/or employee representatives to serve on the Commission. Packet Pg. 97 - 2 - Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 2nd day of June, A.D. 2015. Mayor ATTEST: City Clerk Packet Pg. 98 Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY June 2, 2015 City Council STAFF Josh Birks, Economic Health Director Jeff Mihelich, Deputy City Manager SUBJECT Resolution 2015-059 Adopting an Update to the Economic Health Strategic Plan for the City of Fort Collins. EXECUTIVE SUMMARY The purpose of this agenda item is to consider approval of an update to the Economic Health Strategic Plan previously approved by City Council on June 26, 2012 (Resolution 2012-044; Vote: 7-0 in favor). The update responds to a City Council request to evaluate changes to the existing strategic plan and seeks alignment with the objectives of the Sustainability Service Area (formed in 2012). The update introduces five themes around which to organize the City’s economic health activities: Community Prosperity Grow Our Own Place Matters The Climate Economy Think Regionally STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION On March 3, 2015, the Economic Health Office (EHO) presented an updated Economic Health Strategic Plan (EHSP) for City Council consideration. At that time, Council requested additional outreach and engagement with the boards and commissions. EHO staff has conducted additional outreach with Boards and Commission. Below is a discussion of the changes to the plan as a result of that outreach. Changes to the Plan since March The biggest changes to the Plan include the addition of two new sections: (1) Background/Context; and (2) Implementation. These sections allow the Plan to stand alone from the 2012 version of the EHSP and make this revised version complete. In addition, they address some of the most common comments from the most recent round of Board and Commission review. The biggest single comment during the recent round of outreach was the lack of context in which to read the Plan. The Background/Context section addresses this directly through a number of graphics: (1) A Venn diagram showing how the actions of the Sustainability Service Area overlap and address all three dimensions of sustainability; (2) A graphic describing the context in which the EHSP exists relative to the numerous other master plans and strategic plans of the City and community; and Packet Pg. 99 Agenda Item 11 Item # 11 Page 2 (3) A Strengths, Weaknesses, Opportunities, and Threats graphic from the 2012 EHSP that describes the economic context. The implementation section also provides a useful response to comments by the EAC in particular. Several on the EAC have concern that the Plan is too ambitious and will tax the resources of the EHO staff. The implementation section makes it clear that the City is not the lead relative too all the goals within the five theme areas of the Plan. A matrix has been provided that shows: (1) the role of the City relative to a specific plan goal; and (2) the various departments within the City that are involved in the specific goal. Finally, the five themes have been updated to include aspects of the 2012 EHSP that remain relevant and were missing from the draft document presented in March 2015. In addition, language has been modified in several places to address specific concerns mentioned during the latest round of outreach. What is Economic Health? The City of Fort Collins intentionally uses the terms “Economic Health” to describe the community’s engagement with the economy. The meaning of health refers to a “general condition of…soundness” to “vitality” (Dictionary.com). The concept of soundness and vitality are a key reasons the City uses the word “health” versus “development” when discussing economic activities. The objective is overall soundness and long-term vitality not short-term or individualized gain. In addition, the focus on triple bottom line thinking further reinforces the commitment to a more holistic view of the economy’s role in our community. Therefore, the objective of Economic Health is a sustainable economy. A sustainable economy means that residents can find employment and afford to live in the community; that businesses are able and encouraged to start, remain, and expand in the community; and that everyone can expect quality City services and sustainable attractive infrastructure. ECONOMIC HEALTH VISION: Promote a healthy, sustainable economy reflecting community values Why a Revisit? In 2011 and 2012 the Economic Health Office (EHO) led a process to update the community’s Strategic Plan related to economic health. The update followed the City Plan update process completed in early 2011. It was the intent for the update to move beyond the previous 2005 Economic Health Action Plan by developing guiding principles and strategic goals to guide future economic health activities. In 2012, the Economic Health Office joined the Sustainability Service Area (SSA) shortly before the previous version of the Economic Health Strategic Plan (EHSP) was adopted in June of 2012. Now, two plus years into the partnership with Environmental Services and Social Sustainability formed when SSA was created there is a need to align the EHSP with SSA division objectives. Enhancing community resiliency is a key part of this alignment. In addition, alignment between the three departments of the SSA division will be enhanced by calling out specific goals and strategies that describe the triple bottom line. This revisit attempts to describe the overlap between the three individual departments. These goals and strategies are intended to enhance the partnering opportunities between the departments and aid in describing collective objectives. Finally, the revisit is intended to consider several emerging challenges facing the City of Fort Collins economy. These challenges include: Climate change; Community build-out; Pace of innovation or disruptive technologies; and Workforce demographic shifts. While many of these challenges are not unique to Fort Collins they will have unique implications. This update attempts to address these issues through revisions and changes to the previously adopted guiding principles and strategic goals. Packet Pg. 100 Agenda Item 11 Item # 11 Page 3 It is not the intent of this update to re-write or negate the existing adopted EHSP but rather to enhance the previous version for the reasons stated above. Plan Structure The Plan adopts the same structure as the Social Sustainability Department Plan present to City Council in early 2014. The Plan is laid out in themes. Each theme section includes relevant current conditions, a vision for the future, the role of the City, and numerous goals. The goals include specific actions, a desired outcome, and metrics to evaluate success. Finally, the goals include a preliminary timeline for the major actions. Additional Work Completed The EHO has completed two major pieces of additional analysis since the Economic Health Strategic Plan was approved in 2012. Cluster Strategy 2.0 - An update to the Targeted Industry Cluster program completed by TIP Strategies in 2013. The study proposed several adjustments to the cluster program including the introduction of a competitive funding program for distributing cluster dollars. Larimer County Labor Force Study - The study, completed by TIP Strategies, does a deep dive on the existing and anticipated labor force in Larimer County, including information on commute patterns, skills gap, and available jobs. Each of these documents has been used in developing this update to the Economic Health Strategic Plan. Overview of Themes The Plan includes five themes. The themes are intended to organize the economic health activities of the City. The themes and proposed vision for each are provided below: Community Prosperity - Employment opportunities exist across the income and education/skill spectrums Grow Our Own - Our innovation ecosystem fosters the development of new and creative industry Place Matters - A balanced built and natural environment that the community (including employers and talent) takes pride in The Climate Economy - Businesses adapt to climate change "in place" and leverage community carbon reduction goals to develop new products and services Think Regionally - A region that partners to address issues which extend beyond municipal boundaries The Plan identifies current conditions, the City’s role, and proposed goals with actions, metrics and desired outcomes. The additional detail is provided in the attached EHSP Update. Broaden the Focus: Primary and Support Sectors The economic development profession has long been focused on primary jobs, typically defined as jobs which produce goods and services in excess of what can be consumed in the local marketplace. This definition has traditionally led practitioners to direct resources toward a relatively narrow range of industries such as manufacturing, company headquarters, wholesale trade, and technology. The assumptions behind this emphasis are generally sound. These jobs have historically generated higher wages and the manufacturing sector frequently has extensive supplier relationships that other sectors do not. In addition, export-driven industries, by definition, inject new money into the economy. This limited view of primary jobs should be revisited with the recognition that a host of support sectors provide essential services that enable the primary jobs sectors to operate successfully in the region. They are services that the primary sectors would have to “import” into the region if they were not present locally. They also Packet Pg. 101 Agenda Item 11 Item # 11 Page 4 generate a great deal of wealth in a community and provide essential services to residents in the region as well (See the EHSP’s Appendix for additional information). As such, this proposed update to the EHSP includes broadening the focus of the Economic Health Office to include these support sectors (as defined in the EHSP appendix). The focus will remain on primary sectors with additional policies and programs developed as a compliment to encourage the maintenance and development of the support sectors in Fort Collins. The objective will be to avoid “importing” these services from outside of Fort Collins, thereby, avoiding sending funds outside of Fort Collins. Additional Pubic Engagement On March 3, 2015, the Economic Health Office (EHO) presented an updated Economic Health Strategic Plan (EHSP) for City Council consideration. At that time, Council requested additional outreach and engagement with the boards and commissions. Since March, the EHO has undertaken the following additional steps regarding outreach and engagement with the Boards and Commissions: Staff attended the March 9, 2015 Super Board meeting on the Affordable Housing Strategic Plan to distribute hard copies of the draft document. Staff indicated availability to meet with any board and commission interested in reviewing and commenting on the Plan. All comments were requested by April 24, 2105. Staff sent an email to all board and commission chairs and staff liaisons the week of March 9, 2015, including a link to the draft document. Again, staff indicated availability to meet with any board and commission interested in reviewing and commenting on the Plan. All comments were requested by April 24, 2015. The Communications and Public Involvement Office (CPIO) aided staff in posting a request for additional comments on fcgov.com. All comments were requested by May 1, 2015. Staff presented to the Land Conservation and Stewardship Board (LCSB) on April 8, 2015. The LCSB had several comments on the Plan. (Attachment 10) The Energy Board also requested an opportunity to review the draft document; however, it did not had a meeting date available prior to City Council consideration. Currently, staff will present the Plan to the Energy Board on August 6, 2015. Finally, staff presented and discussed the draft document with the Economic Advisory Commission several additional times, on March 25, 2015, April 15, 2015 and May 20, 2015. (Attachments 4-6) These conversations ranged from the definition of Economic Health (now reflected in the document) to the role of the City. The EAC actually met independently on to refine the definition of Economic Health. No other boards and commissions reached out to EHO staff requesting a presentation or review of the draft document. Josh Birks, Economic Health Director, met with several individual board and commission members that expressed interest in discussing the draft document individually. EHO staff reviewed all the comments. EHO staff feels a number of the comments extend beyond the scope of the EHSP. These comments seem to focus on the future vision for the community and center on projections for another 80,000 to 100,000 residents in the community at build-out. EHO staff feels these concerns are best addressed through future updates to Plan Fort Collins. EHO staff believes that Plan Fort Collins constitutes the collective future vision of the community. EHO staff operates in a context governed by that expressed vision. In addition, several comments related to the lack of environmental aspects and actions in the Plan. EHO agrees that the Plan does not emphasize the environmental aspects of sustainability and submits that the Environmental Services Strategic Plan, Climate Action Plan, Natural Areas Master Plan, etc. all provide context within which the EHSP must be viewed and delivered by the City. Therefore, EHO staff does not view the lack of extensive environmental actions within this EHSP as a deficiency. The environmental aspects of the Plan are two-fold: (1) understanding the impacts of Economic Health actions on the environment; and (2) ways in which the EHSP can complement the actions described in numerous other plans focused on the environment. Packet Pg. 102 Agenda Item 11 Item # 11 Page 5 EHO staff respectfully submits the attached revised EHSP for City Council consideration. The document should be viewed as a “living document” that will undergo several iterations over the course of its lifecycle. Just as the 2006 Economic Action Plan served the community for years with on-going refinement it is the hope of the EHO staff that this Plan will also serve the community for the next 5 years with annual review and update, if necessary. CITY FINANCIAL IMPACTS As a strategic plan the resolution does not have a direct financial impact on the City. The strategy will direct Economic Health Office staff in the development of individual business assistance packages, urban renewal area plans, and programs that may have direct financial impact. These individual packages, plans, and programs each require their own City Council authorization and will include detailed analysis of financial impacts. BOARD / COMMISSION RECOMMENDATION The Economic Advisory Commission recommends approval of the resolution (memorandum included). PUBLIC OUTREACH The revisit of the Strategic Plan relies on public engagement gathered as part of the 2012 strategic planning process, including: Public engagement on City Plan Focus groups with key stakeholders (cluster managers, primary employers, small employers) Several working sessions with the Economic Advisory Commission In addition, the revisit looks to public engagement conducted to develop the City’s Strategic Plan in late 2013 and early 2014. Additional public engagement was conducted in the development of this draft, including: Five presentations to the Economic Advisory Commission: September 17, 2014, February 18, 2015, March 23, 2015, April 15, 2015, and May 20, 2015 (meeting minutes included) A presentation to the Natural Resource Advisory Board: December 17, 2015 (meeting minutes included) A presentation to the Air Quality Advisory Board: February 23, 2015 (meeting minutes included) A presentation to the Land Conservation and Stewardship Board: April 8, 2015 (meeting minutes included) Two public open houses: January 22, 2015 and January 29, 2015 Two presentations to the Fort Collins Area Chamber of Commerce - Local Legislative Affairs Committee: October 2014 and February 2015 A presentation to representatives of Save the Poudre: February 17, 2015 An invitation to present to the Sierra Club - timing did not allow a meeting Individual discussions with community partners (e.g., Rocky Mountain Innosphere, Larimer County Small Business Development Center, Larimer County Workforce) Individual discussion with board and commission members Kelly Ohlson, Glen Colton, and Ted Settle Packet Pg. 103 Agenda Item 11 Item # 11 Page 6 ATTACHMENTS 1. Revised Public Engagement Plan - March 2015 (PDF) 2. Economic Advisory Commission, Memorandum Recommending Approval, May 20, 2015 (PDF) 3. Economic Advisory Commission, Memorandum Recommending Approval, February 18, 2015 (PDF) 4. Economic Advisory Commission Minutes, September 17, 2014 (PDF) 5. Economic Advisory Commission, Meeting Minutes, February 18, 2015 (PDF) 6. Economic Advisory Commission, Meeting Minutes, March 25, 2015 (PDF) 7. Economic Advisory Commission Minutes, April 15, 2015 (PDF) 8. Economic Advisory Commission, Meeting Minutes, May 20, 2015 (PDF) 9. Natural Resource Advisory Board, Meeting Minutes, December 17, 2014 (PDF) 10. Air Quality Advisory Board Minutes, February 23, 2015 (PDF) 11. Land Conservation and Stewardship Board, Meeting Minutes, April 8, 2015 (PDF) 12. Economic Health Strategic Plan Sustainability Assessment Summary and Tool (PDF) 13. Land Conservation and Stewardship Board Memorandum: Comments on the Plan (PDF) 14. Powerpoint presentation (PDF) Packet Pg. 104 PUBLIC ENGAGEMENT SUMMARY (REVISED MARCH 2015) PROJECT TITLE: ECONOMIC HEALTH STRATEGIC PLAN OVERALL PUBLIC INVOLVEMENT LEVEL: Inform and Consult BOTTOM LINE QUESTION: Do stakeholders agree with the realignment of the Economic Health Strategic Plan to be more in tandem with the triple-bottom-line approach of the entire Sustainability Services division and the City’s Strategic Plan? KEY STAKEHOLDERS: Businesses Residents Economic Advisory Commission Chamber of Commerce (Local Legislative Affairs Committee) Air Quality Advisory Board Energy Board Natural Resources Advisory Board Land Conservation and Stewardship Board TIMELINE: Phase 1: Drafting the Plan Timeframe: Fall 2014 through Spring 2015 Key Messages: The Economic Health Strategic Plan has not been updated in the two years since the formation of the Sustainability Services Area. This revised strategic plan will incorporate the triple-bottom-line philosophy inherent in the City’s overall Strategic Plan and more closely align with emerging strategic plans in Social Sustainability and Environmental Services. This realignment will result in more long-term integration of the three areas of the triple-bottom- line stool. Tools and Techniques: Fact sheet Disseminate new plan to boards and commissions – hard copy at Super Board Meeting (March 9, 2015) and electronic copy via email Presentations to boards and commissions, other interested community partners Social media/IdeaLab to gather additional input ATTACHMENT 1 Packet Pg. 105 Attachment: Revised Public Engagement Plan - March 2015 (3200 : Economic Health Strategic Plan Update) PHASE 2: Implementing the Plan Timeframe: Summer 2015 Key Messages: Focus areas are likely to be: Community Prosperity, Grow Our Own, Think Regionally, Climate Economy and Place Matters The Economic Health Strategic Plan has not been updated in the two years since the formation of the Sustainability Services Area. This revised strategic plan will incorporate the triple-bottom-line philosophy inherent in the City’s overall Strategic Plan and more closely align with emerging strategic plans in Social Sustainability and Environmental Services. Tools and Techniques: Fact sheet Social media/IdeaLab Packet Pg. 106 Attachment: Revised Public Engagement Plan - March 2015 (3200 : Economic Health Strategic Plan Update) Boards & Commissions 300 Laporte Avenue PO Box 580 Fort Collins, CO 80522 970.416.2525 970.224.6107 - fax fcgov.com MEMORANDUM Motion: Passed 4-1-1 (Nays: Colton; Abstain: Stanley) “The Economic Advisory Commission supports the approval and adoption of the updated Economic Health Strategic Plan as a living document and encourages the City Council and Economic Advisory Commission to request regular implementation updates and reviews of the plan.” DATE: May 20, 2015 TO: Mayor Wade Troxell and City Councilmembers CC: Darin Atteberry, City Manager FROM: Economic Advisory Commission RE: EAC Recommendation in support of Adopting an Update to the Economic Health Strategic Plan ATTACHMENT 2 Packet Pg. 107 Attachment: Economic Advisory Commission, Memorandum Recommending Approval, May 20, 2015 (3200 : Economic Health Strategic Plan Boards & Commissions 300 Laporte Avenue PO Box 580 Fort Collins, CO 80522 970.416.2525 970.224.6107 - fax fcgov.com MEMORANDUM Motion: Passed 5-2 (Nays: Stanley & Colton) “The Economic Advisory Commission supports the approval and adoption of the updated Economic Health Strategic Plan as a living document and encourages the City Council and Economic Advisory Commission to request regular implementation updates and reviews of the plan.” DATE: March 3, 2015 TO: Mayor Karen Weitkunat and City Councilmembers CC: Darin Atteberry, City Manager FROM: Economic Advisory Commission RE: EAC Recommendation in support of Adopting an Update to the Economic Health Strategic Plan ATTACHMENT 3 Packet Pg. 108 Attachment: Economic Advisory Commission, Memorandum Recommending Approval, February 18, 2015 (3200 : Economic Health Strategic ATTACHMENT 4 Packet Pg. 109 Attachment: Economic Advisory Commission Minutes, September 17, 2014 (3200 : Economic Health Strategic Plan Update) Packet Pg. 110 Attachment: Economic Advisory Commission Minutes, September 17, 2014 (3200 : Economic Health Strategic Plan Update) Packet Pg. 111 Attachment: Economic Advisory Commission Minutes, September 17, 2014 (3200 : Economic Health Strategic Plan Update) ATTACHMENT 5 Packet Pg. 112 Attachment: Economic Advisory Commission, Meeting Minutes, February 18, 2015 (3200 : Economic Health Strategic Plan Update) Packet Pg. 113 Attachment: Economic Advisory Commission, Meeting Minutes, February 18, 2015 (3200 : Economic Health Strategic Plan Update) Packet Pg. 114 Attachment: Economic Advisory Commission, Meeting Minutes, February 18, 2015 (3200 : Economic Health Strategic Plan Update) Packet Pg. 115 Attachment: Economic Advisory Commission, Meeting Minutes, February 18, 2015 (3200 : Economic Health Strategic Plan Update) ATTACHMENT 6 Packet Pg. 116 Attachment: Economic Advisory Commission, Meeting Minutes, March 25, 2015 (3200 : Economic Health Strategic Plan Update) Packet Pg. 117 Attachment: Economic Advisory Commission, Meeting Minutes, March 25, 2015 (3200 : Economic Health Strategic Plan Update) ATTACHMENT 7 Packet Pg. 118 Attachment: Economic Advisory Commission Minutes, April 15, 2015 (3200 : Economic Health Strategic Plan Update) Packet Pg. 119 Attachment: Economic Advisory Commission Minutes, April 15, 2015 (3200 : Economic Health Strategic Plan Update) Packet Pg. 120 Attachment: Economic Advisory Commission Minutes, April 15, 2015 (3200 : Economic Health Strategic Plan Update) ECONOMIC ADVISORY COMMISSION May 20, 2015 1 | P a g e AGENDA ITEM 3—Economic Health Strategic Plan, Josh Birks Many suggestions addressed the City’s broader vision, which may need to be revisited in the near future. Plan goes to Council June 2. Living document; perfection is not the objective. Plan Fort Collins has 20 year horizon. Have many other interconnected plans: CAP, Transportation Master Plan, Recreational Trail Master Plan, Utilities Strategic Plan, Economic Health Strategic Plan, and Social Sustainability Master Plan. Venn diagram shows overlap between actions of SSA departments: how organizational pieces interface. Shows what departments do and how work together. Shows themes that Environmental Services and Social Sustainability strategic plans will work on. Discussion/Q & A: Will not be revisiting this all the time. Must draw a line and move forward. o Has big goals, but individual actions require own review processes. Is intent a two-year plan? o Three year. Benefit to revisiting before City updates its strategic plan: basis for budgeting process. Will be looking at it internally prior to strategic planning process. City Plan update? o Not funded for 2015/16. Bulk of work will be done in 2017. Are matrices complete? o One matrix has five theme areas with goals, department role, and other City departments that will be/are involved. Have any other boards viewed EHSP? o NRAB, AQAB have had presentations on previous draft. March draft went to all boards and commissions for input. Land Conservation and Stewardship Board presentation was in April. Met with Kelly (spelling) from that board. Energy Board has asked for presentation in August. o Have listened, made good changes. Appropriate process would be for EAC to be able to give more input, have public meeting/open house, have available online, then EAC can have more thorough discussion before going to Council. Do not rush to Council. Had two open houses in January. Draft has been available online. Flyer in utility bill soliciting input. Have had no comments from that process, except for public open houses. Has received public comment, living document. Due diligence done. If was getting continuing input from different sources or different concerns, would continue to do public outreach. Resource allocation is only concern. Many goals and objectives, but limited staff to complete work. What is role of EAC in revisiting the plan? o Series of data analysis, reviewed by EAC. Themes developed by EAC and stakeholders. Many opportunities to review drafts. This process began as a “tweaking” of 2012 plan, but ended up completely revising. Next time would like consultants to do market analysis, more stakeholder input, and board could be steering committee for plan. o Will EAC see this plan again during term? Want to check in on whether it is working. Guiding document to EHO staff. Must demonstrate how work fits into context. Retreat to determine metrics and how to present upcoming. After plan adopted will continue to look at how ATTACHMENT 8 Packet Pg. 121 Attachment: Economic Advisory Commission, Meeting Minutes, May 20, 2015 (3200 : Economic Health Strategic Plan Update) ECONOMIC ADVISORY COMMISSION May 20, 2015 2 | P a g e Draft has been improved. But still growth plan. City figuring out how to grow as quickly as possible. It doesn’t meet today’s situation in which people are concerned there is too much growth and economic activity. Not sustainable growth. Need plan that recognizes that. Ted moved to recommend the Economic Health Strategic Plan as written. Ann seconded. Motion passed?, 4-1-1. Linda abstained. Glen does not support due to objections to emphasis on growth. Additional comments can be sent to Josh through next Tuesday. Packet Pg. 122 Attachment: Economic Advisory Commission, Meeting Minutes, May 20, 2015 (3200 : Economic Health Strategic Plan Update) ATTACHMENT 9 Packet Pg. 123 Attachment: Natural Resource Advisory Board, Meeting Minutes, December 17, 2014 (3200 : Economic Health Strategic Plan Update) Packet Pg. 124 Attachment: Natural Resource Advisory Board, Meeting Minutes, December 17, 2014 (3200 : Economic Health Strategic Plan Update) Packet Pg. 125 Attachment: Natural Resource Advisory Board, Meeting Minutes, December 17, 2014 (3200 : Economic Health Strategic Plan Update) MINUTES CITY OF FORT COLLINS AIR QUALITY ADVISORY BOARD Date: Monday, February 23, 2015 Location: Conference Room 1A, 215 N. Mason Street Time: 5:30–8:00pm For Reference Tom Moore, Chair 970-988-4055 Ross Cunniff, Council Liaison 970-420-7398 Melissa Hovey, Staff Liaison 970-221-6813 Board Members Present Board Members Absent Tom Moore, Chair Tom Griggs John Shenot Robert Kirkpatrick Mark Houdashelt Jim Dennison Rich Fisher Gregory Miller Vara Vissa Staff Present Melissa Hovey, Staff Liaison Dianne Tjalkens, Admin/Board Support Josh Birks, Economic Health Director Lucinda Smith, Environmental Services Director Councilmembers Present Guests Call to order: Tom Moore called to order at 5:36pm. Public Comments: None Review and Approval of Minutes John moved and Tom Griggs seconded a motion to approve the January 2015 AQAB minutes as amended. Motion passed unanimously, 6-0-0. Jim, Greg, and Vara arrived after vote. Corrections: Josh Birks not present. Mark introduction: Give information (tape) Pg. 4, above agenda item 2. “I…” can be attributed to John Shenot. AGENDA ITEM 1: Economic 1 ATTACHMENT 10 Packet Pg. 126 Attachment: Air Quality Advisory Board Minutes, February 23, 2015 (3200 : Economic Health Strategic Plan Update) Josh Birks, Economic Health Director lead a discussion on the City’s update to the Economic Health Strategic Plan and implications due to ozone non-attainment. Economic Health Strategic Plan was adopted in 2012. Updating to stay true to community values. 2012 plan was focused on the how, rather than the why. Also want strategic plan in alignment with City strategic plan and Sustainability Service Area’s focus on integrating the triple bottom line. Also affecting changes: shift in demographics of workforce, pace of innovation, climate change, and community build out. Have five themes with vision statements and supporting goals for each. Broadening scope to embrace both primary employers and support employers that provide essential services to primary or population. Community Prosperity theme is to provide employment opportunities across the income and education/skills spectrum. Grow Our Own is to support new and creative industry. Place Matters is about a balance between built and natural environment and understanding what can be done with infill and redevelopment to sustain economy while preserving our character and open spaces. The Climate Economy section is to help businesses respond to climate change in place and leverage carbon reduction goals to develop new products and services. Think Regionally is about strengthening outcomes by collaborating with regional partners. Comments/Q&A x What is a unified regional story? o What are the resources we have regionally? Have top innovation communities, tourism, and other commonalities, which lead to conversations about preserving what we have. x Why is Josh presenting to AQAB? o Economic Health Strategic Plan has high impact on everything City does, plus impending lowering of ozone standard may have impact on the plan. x How do you envision air quality being a part of the plan? We desire to improve air quality. o Falling under Place Matters, air quality is an asset like water quality, proximity to recreational facilities, etc. What drives economy now is talent. We are finding with millennials entering work force is that they pick a place they want to live. Businesses are moving to where talent is. How do we manage regulatory change with the business community? Economic Health acts as conduit and translator to the business economy. How do air quality and ozone impact businesses? They want better air quality but need assistance getting through the regulation. x Who are the regional partners and what has been done already? o Primarily in realm of Josh meeting with other economic professionals. The aspirational goal is to get deliverables out of conversations and collaboration around common goals. Have been meeting with Wellington, Windsor, Longmont, etc. o Boulder is known to have the image of caring about the environment. How do you define collaboration versus competition? Our role is to help business make good business decisions. There are other communities that take a more competitive approach to economic health. We want to work together rather than against each other. Ideally, Front Range or state would work together. Cameron Gloss did presentation to Council in which talked about lessons learned from Boulder’s land use. 33% of people who live in Boulder work in Boulder. Fort Collins is 55%. We want to maintain and improve this. Must address housing affordability and employment. 2 Packet Pg. 127 Attachment: Air Quality Advisory Board Minutes, February 23, 2015 (3200 : Economic Health Strategic Plan Update) x Pleased that draft recognizes air quality in economic health. Melissa or a board member can get him info on how elevated ozone can lead to lost work and school days. Makes more tangible for business people. Directly connected to economy. Having unhealthy air makes it harder to attract businesses and harder for businesses to expand that emit ozone. It may also dissuade businesses from locating here. Featuring these things may be a good emphasis. o Council requires a sustainability assessment. Can get more specific with citations and support in that type of document and general statements in the strategic plan. x Regional transportation will be a big part of affordable housing. Boulder is 25 years ahead of us: housing stock is over $300,000, can’t afford to live in anything other than condo, so choosing to move outside. Need primary, support and service personnel all living here. How do we make sure they can afford to live here? o Josh was on Housing Affordability Policy Study (HAPS) technical team. Some think Boulder situation is coming here quickly. “Trailing spouse” is an issue here. Partners and spouses cannot find work here and look into employment shed. Commute patterns show Larimer County is a net exporter of employees. The City is still a net importer, but Boulder is significant net importer which causes traffic congestion, road wear and tear, air quality issues, etc. x What is the plan for employment? o In the 2000s there was a lot of technology employment here. We were narrow and deep, but now wide and shallow. Must get deeper to offer more employment. We can’t have every industry, but diversifying is important. Also, supply chain for industries. Product coming in from outside—bringing that here provides move up for lower wage earners. x Health care and senior housing/care employs lots of young people to care for seniors. o Health care is big here and we are a top place to retire. o Carbon that can be saved through better practices in community housing—lots of excess right now. o As boomers are more active longer, changes needed for senior housing. x The three rings of employment: primary, support, and services. What is correct percentage of each? o We don’t have an ideal now. This issue is bigger than Fort Collins, but need to find solutions for within our jurisdictional boundaries. o Suggest adding elements about what want to achieve in the three rings/sectors. Set some goals for relationship between primary and support. x In favor of businesses getting help, but many can help themselves as well. What do citizens get out of this economic health? For example, if our electric rates go up due to more renewables, what is the economic benefit? o Staff interacts with other policy issues that are being developed. Working with Climate Action Plan to look at financial models to achieve goals. Economic Health Office consults to other activities that are taking place. x How do you find the kinds of businesses to employ the people who are here? o Millennials: a more holistic and systems view of the world comes more naturally to them. o Restaurants and other low margin businesses are the equivalent of low income households in the business community. The way a low income household is impacted by climate, etc., can have similar impact on small businesses. o Need to attract leadership. o Aspirational goals in CAP are good example of that. 3 Packet Pg. 128 Attachment: Air Quality Advisory Board Minutes, February 23, 2015 (3200 : Economic Health Strategic Plan Update) x What is our objective? What is the metric? More people/more jobs, or fewer people/better paying jobs? x What does a two year strategic plan actually mean? o It is not intended to be two years. x How would air quality and economic health align with more jobs and more people? Best solution is fewer people, lower density, and really clean jobs. o That is good for here, but unless able to do that globally, you have externalized the problem and will have spillover effect. Must meet needs of current residents and those who elect to move here in the future, and allow having best standard of living possible: income and wellbeing. Be smarter about how we use land and interface with environment. Resist putting air quality and economic health against each other. We can get smarter and achieve improvements as the community grows. The smarter we are, and the more people who are doing this well, the better off the region will be. x What is the City’s opinion about the environmental and economic indicators? o We were doing really well economically and pretty well environmentally from GHG emissions perspective. We are going to have to get smarter. x Plan goes to Council next Tuesday for approval. Will be a living document, and must get more concrete as we move forward. x If the ozone standard changes, we will be in non-attainment for a long time to come. What does that mean to economic development? o Living within confines of reduced ozone concentrations is driven by EPA and the state. Municipality must change economic development. o How much can technology save us? It gets harder. o Air quality rules will drive that development. o State will draw up a plan for all areas in non-attainment to show progress. That will constrain. o Don’t want to put Economic Health in position to attract businesses with higher ozone emissions. o Heavy industrial generally is not allowed within the city. We lose control at our boundary. That is where regional discussion is important. o Transportation will be a limiting factor. Perhaps demonstrate to EPA encouraging economic growth that encourages central living. o As well as processes waste and gets energy locally. o Market living without a car to millennials. x This comes back to metrics. Need to specify how measuring economic improvement and the constraints against economic improvement. x There is evidence that regulations drive innovation. o Oil and gas can grow but need to grow responsibly. The economic players we attract are going to be pretty clean. It’s the old players that are not. o If we are helping those folks get cleaner with innovation we can share with other communities, which makes money. Trying to use the community as a laboratory to do things better. Big enough to show scale. Own our utility. x Josh will return to AQAB late-spring/early summer, with metrics. 4 Packet Pg. 129 Attachment: Air Quality Advisory Board Minutes, February 23, 2015 (3200 : Economic Health Strategic Plan Update) Land Conservation & Stewardship Board April 8, 2015 ATTACHMENT 11 Packet Pg. 130 Attachment: Land Conservation and Stewardship Board, Meeting Minutes, April 8, 2015 (3200 : Economic Health Strategic Plan Update) SUSTAINABILITY ASSESSMENT SUMMARY DATE: March 3, 2015 SUBJECT: Sustainability Assessment (SA) Summary for Economic Health Strategic Plan Update Key issues identified: Social Increased economic opportunity does not naturally translate into lower unemployment/under-employment; outside talent often fills the available positions. Environmental Additional businesses and people need additional resources that impact land, water, air, energy, transportation, etc. Infill and redevelopment will impact the visual/landscape or aesthetic elements of the community – potentially positive and/or negative. Suggested mitigation actions: Social The plan calls for a number of strategies to mitigate this very issue, including: increased on-the-job training, aligning local educational institutions with employer needs, focusing on re-training efforts, and understanding the skills gap. Environmental Economic , 2.5 Social , 1.7 Environmental -1.3 Rating Average, 1.0 0.0 -4.0 -3.0 -2.0 -1.0 0.0 1.0 2.0 3.0 4.0 Sustainability Rating Rating without mitigation Rating with mitigation Rating Legend 3 Very positive 2 Moderately positive 1 Slightly positive 0 Not relevant or neutral -1 Slightly negative -2 Moderately negative, impact likely -3 Very negative, impact expected ATTACHMENT 12 Packet Pg. 131 Attachment: Economic Health Strategic Plan Sustainability Assessment Summary and Tool (3200 : Economic Health Strategic Plan Update) 2 Working with existing businesses to improve their energy and water efficiencies and air quality; Encouraging businesses to invest in carbon reduction efforts to reduce their footprint and operational costs; and Encouraging innovation relative to energy and water efficiency to meet community goals and create new economic opportunity. Packet Pg. 132 Attachment: Economic Health Strategic Plan Sustainability Assessment Summary and Tool (3200 : Economic Health Strategic Plan Update) *The Fort Collins SAT was developed by modifying the Triple Bottom Line (TBL) Analysis Tool developed by Eugene, Oregon, July 2009. 1 City of Fort Collins SUSTAINABILITY ASSESSMENT TOOL (SAT) (November 2014) Creating a sustainable community Plan Fort Collins is an expression of the community’s resolve to act sustainably: to systemically, creatively, and thoughtfully utilize environmental, human, and economic resources to meet our present needs and those of future generations without compromising the ecosystems upon which we depend. How to use the tool The Sustainability Assessment Tool (SAT) is designed to inform a deeper understanding of how policy and program choices affect the social equity, environmental health and economic health of the community. The City of Fort Collins has developed a Sustainability Assessment Framework that describes the purpose, objectives, and guidelines to assist City Program/Project Managers to determine: • The process for cross-department collaboration in using the SAT • Timing for applying a SAT • When to apply a SAT • How to document the results of the SAT and present at City Council Work Sessions and Regular Council Meetings Further detailed guidance is available at: http://citynet.fcgov.com/sustainability/sustainabilityassessments.php The SAT does not dictate a particular course of action; rather, the analysis provides policy makers and staff with a greater awareness of some of the trade-offs, benefits and consequences associated with a proposal, leading to more mindful decision-making. Brief description of proposal Please provide a brief description of your proposal – 100 words or less The purpose of this agenda item is to consider approval of an update to the Economic Health Strategic Plan previously approved by City Council on June 26, 2012 (Resolution 2012-044; Vote: 7-0 in favor). The update responds to a City Council request to evaluate changes to the existing strategic plan and seeks alignment with the objectives of the Sustainability Service Area (formed in 2012). Staff lead(s): Please note staff name, position/division and phone number Josh Birks, Economic Health Director, 970-221-6324 Packet Pg. 133 Attachment: Economic Health Strategic Plan Sustainability Assessment Summary and Tool (3200 : 2 Social Equity Described: Placing priority upon protecting, respecting, and fulfilling the full range of universal human rights, including those pertaining to civil, political, social, economic, and cultural concerns. Providing adequate access to employment, food, housing, clothing, recreational opportunities, a safe and healthy environment and social services. Eliminating systemic barriers to equitable treatment and inclusion, and accommodating the differences among people. Emphasizing justice, impartiality, and equal opportunity for all. Goal/Outcome: It is our priority to support an equitable and adequate social system that ensures access to employment, food, housing, clothing, education, recreational opportunities, a safe and healthy environment and social services. Additionally, we support equal access to services and seek to avoid negative impact for all people regardless of age, economic status, ability, immigration or citizenship status, race/ethnicity, gender, relationship status, religion, or sexual orientation. Equal opportunities for all people are sought. A community in which basic human rights are addressed, basic human needs are met, and all people have access to tools and resources to develop their capacity. This tool will help identify how the proposal affects community members and if there is a difference in how the decisions affect one or more social groups. Areas of consideration in creating a vibrant socially equitable Fort Collins are: basic needs, inclusion, community safety, culture, neighborhoods, and advancing social equity. Analysis Prompts • The prompts below are examples of the issues that need to be addressed. They are not a checklist. Not all prompts and issues will be relevant for any one project. Issues not covered by these prompts may be very pertinent to a proposal - please include them in the analysis. Is this proposal affected by any current policy, procedure or action plan? Has advice been sought from organizations that have a high level of expertise, or may be significantly affected by this proposal? Proposal Description 1. Meeting Basic Human Needs • How does the proposal impact access to food, shelter, employment, health care, educational and recreational opportunities, a safe and healthy living environment or social services? • Does this proposal affect the physical or mental health of individuals, or the status of public health in our community? • How does this proposal contribute to helping people achieve and maintain an adequate standard of living, including housing, or food affordability, employment opportunities, healthy families, or other resiliency factors? Analysis/Discussion People need a level of economic stability in order to meet their basic human needs; access to increased job opportunities creates greater economic stability. On-the-job training provides opportunities for transferable skills and certifications to move community members through the economy. Reduction in commute times allows community members to spend more time with their families and have healthier lifestyles. The more successful businesses are the more income is available the more tax base there is to fund the amenities (e.g., education and recreational opportunities) – also allows for re-circulation of funds in the local economy. By supporting innovation new opportunities are created for local residents to gain employment or start their own business leading to greater economic stability. Cost burdened households are less able to contribute to the local economy. Creating job opportunities can reduce the number of cost Packet Pg. 134 Attachment: Economic Health Strategic Plan Sustainability Assessment Summary and Tool (3200 : 3 burdened households. Having a job and opportunities within your community reduces stress and increases individual well-being; more time with family; quality of life. More jobs do not just translate into greater opportunity for residents – many jobs get filled by outside talent. Plan includes several strategies to mitigate this outcome (e.g., on-the-job training, evaluating skills gap, addressing employer needs through re-training). The Climate Economy -help businesses prepare for disruptive events and become more sustainable through them; increased individual and community resiliency (i.e., if a business closes due to an event it impacts an individual’s basic human needs). Infill and redevelopment tools (e.g., Tax Increment Financing) can be used to achieve affordable housing and climate action goals. By helping businesses prepare for disruptive events and long-term climate change the businesses become more sustainable. Sustainable businesses less likely to be disrupted by events and therefore less likely to reduce workforce adding to and individual’s ability to meet their basic needs and overall community resiliency. 2. Addressing Inequities and being Inclusive • Are there any inequities to specific population subsets in this proposal? If so, how will they be addressed? • Does this proposal meet the standards of the Americans with Disabilities Act? • How does this proposal support the participation, growth and healthy development of our youth? Does it include Developmental Assets? • If the proposal affects a vulnerable section of our community (i.e. youth, persons with disabilities, etc.) Encouraging jobs along the income and educational spectrum addresses inequity in the community specifically where there is currently a lack of jobs at a point along the spectrum. Start-up and small business create a large number of new jobs many of which exist across a broad range of the income and educational spectrum. Understanding the skills gap and identifying strategies to address that gap specifically through diversity of training/employment opportunities Business community is heavily involved in the non-profit and foundation community – supporting the community’s safety net programs. Partnering with PSD addresses the role of youth in the workforce. Partner with entities that seek to support/understand the role of the Millennials in the workforce improves opportunities for this demographic cohort. Broadband development can address the digital divide and internet access inequity. 3. Ensuring Community Safety • How does this proposal address the specific safety and personal security needs of groups within the community, Employment and income has a relationship with crime. Increasing employment opportunities may indirectly lead to lower crime rates. Enhanced collaboration provides a foundation to address disruptive Packet Pg. 135 Attachment: Economic Health Strategic Plan Sustainability Assessment Summary and Tool (3200 : 4 including women, people with disabilities, seniors, minorities, religious groups, children, immigrants, workers and others? events (e.g., natural disasters, financial downturns, etc.). 4. Culture • Is this proposal culturally appropriate and how does it affirm or deny the cultures of diverse communities? • How does this proposal create opportunities for artistic and cultural expression? The plan calls for enhancing the arts and culture sector through the evaluation of a Creative District in Old Town. Supporting the local craft beer industry and food producing economy has a cultural impact that attracts talent. 5. Addressing the Needs of Neighborhoods • How does this proposal impact specific Fort Collins neighborhoods? • How are community members, stakeholders and interested parties provided with opportunities for meaningful participation in the decision making process of this proposal? • How does this proposal enhance neighborhoods and stakeholders’ sense of commitment and stewardship to our community? Targeted infill and redevelopment affects neighborhoods potentially in both positive and negative ways and provides opportunities to create new districts and neighborhoods. Development of the plan include public outreach to gain input from stakeholders and the public Redevelopment efforts address infrastructure deficiencies Broadband development can address the digital divide and internet access inequity 6. Building Capacity to Advance Social Equity • What plans have been made to communicate about and share the activities and impacts of this proposal within the City organization and/or the community? • How does this proposal strengthen collaboration and cooperation between the City organization and community members? Think Regionally – encourages partnering beyond our community boundaries. Many strategies include partnering with a broad range of community members and organizations. Working with county-wide and regional partners strengthens collaboration and has the potential to align vision and purpose. Social Equity Summary Meeting basic human needs is a key aspect of establishing social equity in a community. The plan addresses this issue by focusing on creating economic opportunity to a greater number of residents (specifically across the income/educational attainment spectrums). By creating economic opportunity the plan helps to address basic human needs through lower unemployment and under-employment and higher wages. Key issues: Increased economic opportunity does not naturally translate into lower unemployment/under-employment; outside talent often fills the available positions. Potential mitigation strategies: The plan calls for a number of strategies to mitigate this very issue, including: increased on-the-job training, aligning local educational institutions with Packet Pg. 136 Attachment: Economic Health Strategic Plan Sustainability Assessment Summary and Tool (3200 : 5 employer needs, focusing on re-training efforts, and understanding the skills gap. Overall, the effect of this proposal on social equity would be: Please reach a consensus or take a group average on the rating, enter an “x” in one of the following boxes and indicate the overall rating. Rating represents group consensus Rating represents group average X +3 +2 +1 0 -1 -2 -3 Very positive Moderately positive Slightly positive Not relevant or neutral Slightly negative Moderately negative, impact likely Very negative, impact expected 1.7 Environmental Health Described: Healthy, resilient ecosystems, clean air, water, and land. Decreased pollution and waste, lower carbon emissions that contribute to climate change, lower fossil fuel use, decreased or no toxic product use. Prevent pollution, reduce use, promote reuse, and recycle natural resources. Goal/Outcome: Protect, preserve, and restore the natural environment to ensure long-term maintenance of ecosystem functions necessary for support of future generations of all species. Avoid or eliminate adverse environmental impacts of all activities, continually review all activities to identify and implement strategies to prevent pollution; reduce energy consumption and increase energy efficiency; conserve water; reduce consumption and waste of natural resources; reuse, recycle and purchase recycled content products; reduce reliance on non-renewable resources. Analysis Prompts • The prompts below are examples of issues that need to be addressed. They are not a checklist. Not all prompts and issues will be relevant for any one project. Issues not covered by these prompts may be very pertinent to a proposal – please include them in the analysis. • Is this proposal affected by any current policy, procedure or action plan? Has advice been sought from organizations that have a high level of expertise, or may be significantly affected by this proposal? 1. Environmental Impact • Does this proposal affect ecosystem functions or processes related to land, water, air, or plant or animal communities? • Will this proposal generate data or knowledge related to the use of resources? • Will this proposal promote or support education in prevention of pollution, and effective practices for reducing, reusing, and recycling of natural resources? • Does this proposal require or promote the continuous improvement of the environmental performance of the City organization or community? • Will this proposal affect the visual/landscape or aesthetic Analysis/Discussion Additional businesses and people need additional resources that impact land, water, air, energy, transportation, etc. 6 elements of the community? elements of the community – potentially positive and/or negative. 2. Climate Change • Does this proposal directly generate or require the generation of greenhouse gases (such as through electricity consumption or transportation)? • How does this proposal align with the carbon reduction goals for 2020 goal adopted by the City Council? • Will this proposal, or ongoing operations result in an increase or decrease in greenhouse gas emissions? • How does this proposal affect the community’s efforts to reduce greenhouse gas emissions or otherwise mitigate adverse climate change activities? By engaging the business community to invest in carbon reduction efforts the plan support the community’s greenhouse gas emission goals. By support the targeted industry clusters (clean energy, water innovation, bioscience, technology – chip design/enterprise software and local foods) the City enhances the opportunities for new discoveries in climate adaption, carbon reduction, and preservation. Businesses development will increase GHG; potential mitigation opportunities exist through the innovation of new products and services to address carbon emissions Plan calls for engagement with the business community to reduce carbon emissions; including: o Infill/redevelopment to meet climate action goals; o Encourage investment in carbon reduction efforts by business; o Innovation to develop new carbon reduction technologies and methods; and o The availability of additional jobs especially across the entire income and educational spectrums can reduce commuting patterns. 3. Protect, Preserve, Restore • Does this proposal result in the development or modification of land resources or ecosystem functions? • Does this proposal align itself with policies and procedures related to the preservation or restoration of natural habitat, greenways, protected wetlands, migratory pathways, or the urban growth boundary • How does this proposal serve to protect, preserve, or restore important ecological functions or processes? Plan acknowledges the importance of a balance of land uses, including open space, natural areas, as well as development (e.g., residential and commercial). Infill and redevelopment avoids the need for additional consumption of raw land – enabling the opportunity to protect land resources. 4. Pollution Prevention • Does this proposal generate, or cause to be generated, waste products that can contaminate the environment? • Does this proposal require or promote pollution prevention through choice of materials, chemicals, operational practices and/or engineering controls? • Does this proposal require or promote prevention of pollution from toxic substances or other pollutants regulated by the state or federal government? New businesses develop new waste products and pollutants Plan calls to evaluate and understand opportunities to increase carbon reduction efforts of business Each business and project has unique impacts 7 • Will this proposal create significant amounts of waste or pollution? A regional strategy to address key issues will lead to greater efficacy of efforts (e.g., regional energy efficiency efforts reduce a greater amount of greenhouse gas emissions). 5. Rethink, Replace, Reduce, Reuse, Recirculate/Recycle • Does this proposal prioritize the rethinking of the materials or goods needed, reduction of resource or materials use, reuse of current natural resources or materials or energy products, or result in byproducts that are recyclable or can be re-circulated? A regional by-products synergy network enables the waste from one industry to be reused by another industry avoiding the need to consumer additional raw materials. The plan calls for developing a waste by products synergy network to try and reduce the impact of new/existing waste products 6. Emphasize Local • Does this proposal emphasize use of local materials, vendors, and or services to reduce resources and environmental impact of producing and transporting proposed goods and materials? • Will the proposal cause adverse environmental effects somewhere other than the place where the action will take place? Encourages/promotes the creation of businesses from within the community Supports local food system through cluster efforts Plan does not support any one industry – each industry has varying environmental effects somewhere other than in the community The local land code keeps heavy industry out of our community – causing the environmental effects to occur outside our community Environmental Health Summary The plan clearly recognizes the role of a healthy environment and ecosystems in the future success of an economy. In addition, the plan recognizes the role of amenities such as open space, natural areas, and recreation in retaining and attracting talent to the community. Finally, the plan contemplates a number of strategies to help engage and integrate the business community into climate adaptation and other community goals (e.g., affordable housing). Key issues: Additional businesses and people need additional resources that impact land, water, air, energy, transportation, etc. Infill and redevelopment will impact the visual/landscape or aesthetic elements of the community – potentially positive and/or negative. Potential mitigation strategies: Potential mitigation strategies include: Working with existing businesses to improve their energy and water efficiencies and air quality; Encouraging businesses to invest in carbon reduction efforts to reduce their footprint and operational costs; and Encouraging innovation relative to energy and water efficiency to meet community goals and create new economic opportunity. Packet Pg. 139 Attachment: Economic Health Strategic Plan Sustainability Assessment Summary and Tool (3200 : 8 Overall, the effect of this proposal on environmental health would be: Please reach a consensus or take a group average on the rating, enter an “x” in one of the following boxes and indicate the overall rating. Rating represents group consensus Rating represents group average X +3 +2 +1 0 -1 -2 -3 Very positive Moderately positive Slightly positive Not relevant or neutral Slightly negative Moderately negative, impact likely Very negative, impact expected -1.3 Economic Health Described: Support of healthy local economy with new jobs, businesses, and economic opportunities; focus on development of a diverse economy, enhanced sustainable practices for existing businesses, green and clean technology jobs, creation or retention of family waged jobs. Goal/Outcome: A stable, diverse and equitable economy; support of business development opportunities. Analysis Prompts • The prompts below are examples of the issues that need to be addressed. They are not a checklist. Not all prompts and issues will be relevant for any one project. Issues not covered by these prompts may be very pertinent to a proposal - please include them in the analysis • Is this proposal affected by any current policy, procedure or action plan? Has advice been sought from organizations that have a high level of expertise, or may be significantly affected by this proposal? 1. Infrastructure and Government • How will this proposal benefit the local economy? • If this proposal is an investment in infrastructure is it designed and will it be managed to optimize the use of resources including operating in a fossil fuel constrained society? • Can the proposal be funded partially or fully by grants, user fees or charges, staged development, or partnering with another agency? • How will the proposal impact business growth or operations (ability to complete desired project or remain in operation), such as access to needed permits, infrastructure and capital? Analysis/Discussion Enhancing the available local workforce by understanding the skills gap and enhancing training opportunities supports the success of local employers. Enhancing the availability of on-the-job-training, educational opportunities and the diversity of jobs improves personal incomes. Support of current primary employers through retention and expansion efforts increases opportunities in the local economy. Encouraging the formation and expansion of local support sector employers reduces the need to import these goods and services from 9 Balancing land use ensures the preservation of vacant land for all uses including employment. The economy does not respect jurisdictional boundaries; working with regional partners increased the effectiveness of local efforts. Developing a regional story enhances the ability of individual communities to gain notice of outside funding sources, talent, and businesses. Maintaining and enhancing regional assets can support business needs and strengthen the local economy. 2. Employment and Training • What are the impacts of this proposal on job creation within Larimer County? • Are apprenticeships, volunteer or intern opportunities available? • How will this proposal enhance the skills of the local workforce? Enhancing the availability of on-the-job-training, educational opportunities and the diversity of jobs improves personal incomes. Support of current primary employers through retention and expansion efforts increases opportunities in the local economy. Supporting the local craft beer industry and food producing economy has a cultural impact that attracts talent increasing the available workforce for local employers. On-the-job training provides opportunities for transferable skills and certifications to move community members through the economy. Reduction in commute times allows community members to spend more time with their families and have healthier lifestyles. 3. Diversified and Innovative Economy • How does this proposal support innovative or entrepreneurial activity? • Will “clean technology” or “green” jobs be created in this proposal? • How will the proposal impact start-up or existing businesses or development projects? Encouraging entrepreneurship and innovation leads to additional business formation from within the community. New businesses provide new employment opportunities. Start-up and small business create a large number of new jobs many of which exist across a broad range of the income and educational spectrum. Understanding the skills gap and identifying strategies to address that gap specifically through diversity of training/employment opportunities. 4. Support or Develop Sustainable Businesses • What percentage of this proposal budget relies on local services or products? Identify purchases from Larimer County and the State of Colorado. • Will this proposal enhance the tools available to businesses to incorporate more sustainable practices in operations and products? • Are there opportunities to profile sustainable and socially responsible leadership of local businesses or educate businesses on triple bottom line practices? Aiding businesses in responding to climate change impacts enhances their ability to be successful over the long-term. Encouraging businesses to invest in energy and water efficiency reduces their carbon footprint and on-going operational costs. Encouraging innovation to address climate change, water conservation, and other objectives can lead to new products and services which have 10 5. Relevance to Local Economic Development Strategy Encouraging entrepreneurship and innovation leads to additional business formation from within the community. New businesses provide new employment opportunities. Supporting the local craft beer industry and food producing economy has a cultural impact that attracts talent increasing the available workforce for local employers. By supporting innovation new opportunities are created for local residents to gain employment or start their own business leading to greater economic stability. Encouraging the formation and expansion of local support sector employers reduces the need to import these goods and services from outside the community. Economic Prosperity Summary This plan clearly focuses on economic prosperity outcomes and attempts to use social and environmental considerations to optimize that outcome. The plan calls for a number of strategies and actions that will directly address economic prosperity. Key issues: Potential mitigation strategies: Overall, the effect of this proposal on economic prosperity will be: Please reach a consensus or take a group average on the rating, enter an “x” in one of the following boxes and indicate the overall rating. Rating represents group consensus Rating represents group average X +3 +2 +1 0 -1 -2 -3 Very positive Moderately positive Slightly positive Not relevant or neutral Slightly negative Moderately negative, impact likely Very negative, impact expected 2.5 Packet Pg. 142 Attachment: Economic Health Strategic Plan Sustainability Assessment Summary and Tool (3200 : Comments on Economic Health Strategic Plan To: City Council From: Land Conservation and Stewardship Board Re: Economic Health Strategic Plan The Land Stewardship and Conservation Board reviewed the Economic Health Strategic Plan on April 8, 2015 and has the following input. We appreciate being able provide input as an economic plan can have significant environmental impact. The LCSB has summarized three major concerns. We’ve also included some specific or more detailed comments about the plan as well. Please let us know if you have questions. Thank you. 1. CITY GOVERNMENT OVER-REACH, ROLE OF THE CITY: a. The LCSB believes that this plan has the City playing a variety of roles that it should not be involved with and that private industry and other public entities can and do play. The city should not be playing an aggressive role in stimulating the economy and population growth at a time when we have one of the country’s lowest unemployment rates and are the 12th fastest growing city in the country. We appear to be gearing the economic plan for everyone who may want to move here. b. The City’s role should be providing good infrastructure, services, and quality of life attributes; no other entity can do this. And this is what makes Fort Collins a great place for entrepreneurs and companies to locate here and stay here. 2. PLAN IS COUNTER TO ENVIRONMENTAL SUSTAINAILITY and the GOAL OF THE TRIPLE BOTTOM LINE: a. Concern: Overall, the plan does not meet the Environmental well-being goal of the Triple Bottom line. The plan aggressively pursues a dramatic growth in the population of our community and a bigger and bigger economy instead of ensuring a healthy, renewing and environmentally sustainable economy. Two percent growth in people (CAGR) will result in 100,000 more people here in 25 years; this plan appears to promote that growth in people. i. The plan notes that population growth is a concern but many strategies encourage even more people to move here; this is not sustainable nor even desired by the community residents. The LCSB believes that too much growth is occurring organically even without the aggressive actions of the economic plan. b. There are significant unintended environmental and City Natural Area consequences from a bigger economy and more people including increased pollution; increased use of all resources including water, energy, food; increased greenhouse gas emissions; ATTACHMENT 13 Packet Pg. 143 Attachment: Land Conservation and Stewardship Board Memorandum: Comments on the Plan (3200 : Economic Health Strategic Plan Update) overburdening natural areas, trails, parks; causing land prices for potential natural areas and community separators to dramatically increase; causing a dramatic increase in energy needs—natural areas being at risk of requiring wind/solar installations ruining habitat and view sheds; needing to drain the Poudre with Glade Reservoir, and in general taking us all beyond the water carrying capacity of the region. c. In the plan a Sustainable Economy is defined as one where residents can find employment and afford to live in the community; that businesses start and expand here; and that everyone can expect quality infrastructure/services. This might be the definition of a vibrant and expanding economy, but not a sustainable one; we shouldn’t co-opt the word sustainable. d. Sustainability is supposed to refer to an environmentally sustainable economy: defined as continually renewing and reinventing itself while retaining quality of life attributes of a community, maintaining the environment, and living within the carrying capacity of the region. 3. FINANCIAL INCENTIVES AND GROWTH NOT PAYING ITS OWN WAY: this plan unnecessarily incentivizes and subsidizes growth and places the burden of that cost on taxpayers and partner governmental entities. a. Financial Incentives/tools: i. The plan says the City doesn’t “make deals”. However, counter to this, the plan incorporates strategies that DO incorporate deals through continuing and even increasing the use of URA’s and TIF, reduced use taxes, and other financial incentives to promote more businesses coming here or expanding here. ii. Giving tax breaks artificially stimulates growth and deprives the City and partner government entities (Poudre School District, Larimer County, Foothills Gateway, Poudre Library District) of revenues required to service the new growth. b. Growth paying its own way: the plan does not recognize the need to ensure that new growth pays for the cost of providing infrastructure to support that growth through robust, broad, and up to date impact fees. It does mention the use of Special Improvement Districts, but only superficially. Not having appropriate fees and funding mechanisms saddles current residents with the cost of the new infrastructure and/or results in overloaded infrastructure. INPUT ON SPECIFIC SECTIONS INLUCING GAPS AND CONFLICTING GOALS: below are comments about specific sections of the document which support our overall conclusions stated above: Packet Pg. 144 Attachment: Land Conservation and Stewardship Board Memorandum: Comments on the Plan (3200 : Economic Health Strategic Plan Update) Community Prosperity: A.2: The plan goal states we need employment opportunities for a greater number of residents and strategies including a marketing plan and tax breaks to attract more people and businesses - - at a time when we have one of the country’s lowest unemployment rates and are the 12th fastest growing city in the country. We appear to be gearing the economic plan for everyone who may want to move here. It is inappropriate to strive to provide a job for everyone who might want to live here—it’s neither possible nor desirable. Do we know if residents desire to have a larger community at the cost of a reduced quality of life and stressing our natural environment? If there aren’t jobs, people won’t move here unless starting their own businesses. A.2: Conflicting goals: This is in conflict for financial health of the City--funding quality infrastructure and services. Under “Place Matters,” the plan states we don’t “make deals;” however, counter to this, the plan here notes the importance of funding quality infrastructure, but then specifies using Direct Assistance tools (i.e. tax incentives), rebating use taxes to reduce business costs. We can’t afford to pay for the infrastructure if we keep giving away the money to pay for it. Residents do not pay enough to pay for the infrastructure caused by those additional people these businesses bring in. And there is no mention of the need to estimate, to evaluate, and plan for the cost of new infrastructure and services. A.2: Gap: In pt. 6, the plan discusses land use regulations and capital investment to support employment activities, but it should also qualify this strategy “while protecting neighborhoods and our residents’ quality of life attributes.” A.4: Conflicting goals: we want to support education in this strategy however, later in the plan it notes we should make more use of URA’s which takes money away from education and plows it back into development. We can’t have it both ways. Grow our Own: B.1 & B.2: It’s good to support incubators and new efforts developing here. However, there seems to be permeating theme that CSU research should be brought to fruition in Ft. Collins. This is inappropriate as it’s a State institution and should be benefiting cities beyond ours. Triple Bottom line: Environment: There is not enough emphasis on local food production and the Ag industry and no specific strategies listed. Ag was $128 million in revenue in 2007 and is growing at 15% a year in the county—one of the fastest growing industries. This is an important industry for our City and its cultural heritage as well and can help us achieve environmental sustainability with locally grown food and related industries. Place Matters: Gap: There is no mention of our competitive economic advantage—our quality of life attributes, such as natural areas, trails, the Poudre River, natural beauty and habitat. This is a huge reason why business people start and expand businesses, so they can live here. This lack Packet Pg. 145 Attachment: Land Conservation and Stewardship Board Memorandum: Comments on the Plan (3200 : Economic Health Strategic Plan Update) of awareness is short sided. “Place Matters” section discusses only the built environment. Under “Challenges” the plan ignores increasing air and light pollution, overstressed natural areas and trails, scenic view sheds blocked, community separator land disappearing, etc. C.2, 2. 4: Conflicting Goals: using more URA’s takes money from the County/State for education and yet education is appropriately emphasized as a long term economic health strategy. C.5 Gap: no specific actionable strategies to encourage urban agriculture, it is just mentioned to “encourage” it. Triple Bottom Line: redevelopment is environmentally wise and good to include. Gap: this is the place where bike commuting infrastructure could be pursued as a way of reducing pollution, congestion, and improving health. The Climate Economy: Recognizing Climate Change and helping businesses reduce their impact to greenhouse gas emissions and adapting to climate change is appropriate. Under Our Role: It seems unethical to promote more businesses and people moving here who will start businesses in climate change activities while at the same time contributing more to greenhouse emissions. And it’s inappropriate to promote more people to live in a state reaching its carrying capacity in water, pollution, etc. This is not an environmental sustainable economy. Think Regionally: This is the section that should aggressively go after local foods and supporting the Ag industry and influencing the region to develop within the region’s carrying capacity—this is critical for our long term viability. Packet Pg. 146 Attachment: Land Conservation and Stewardship Board Memorandum: Comments on the Plan (3200 : Economic Health Strategic Plan Update) Economic Health Strategic Plan A New Way of Thinking ATTACHMENT 14 Packet Pg. 147 Attachment: Powerpoint presentation (3200 : Economic Health Strategic Plan Update) Why Revisit? 2 • Ensure alignment with Community Values • Ensure alignment with City’s Strategic Plan • Deeper integration with Triple Bottom Line • Address emerging challenges: • Workforce demographic shifts • Pace of innovation • Climate change • Community build-out Packet Pg. 148 Attachment: Powerpoint presentation (3200 : Economic Health Strategic Plan Update) Economic Health Themes 3 • Community Prosperity • Grow Our Own • Place Matters • The Climate Economy • Think Regionally Packet Pg. 149 Attachment: Powerpoint presentation (3200 : Economic Health Strategic Plan Update) Changes Since March • Two new sections: – Background and Context – Implementation • Changes to each of the five themes – Integration of missing pieces from 2012 plan • Specifically: Goals A.4, B.5, B.6, C.5 – Language changes based on outreach 4 Packet Pg. 150 Attachment: Powerpoint presentation (3200 : Economic Health Strategic Plan Update) Context of the Plan 5 Packet Pg. 151 Attachment: Powerpoint presentation (3200 : Economic Health Strategic Plan Update) Implementation • Lead— City takes on the lead role in implementing specific goals. • Partner— City partners with other agencies and organizations to implement specific goals including providing funds to achieve these collective goals. • Collaborate— City partners with other agencies and organizations to implement specific goals without providing funds. Matrix included that list the City’s role for each Goal 6 Packet Pg. 152 Attachment: Powerpoint presentation (3200 : Economic Health Strategic Plan Update) Public Engagement Process Changes since March 2015: • March 9, 2015 – Super Board Meeting • Draft sent electronically to all Board Chairs and Staff Liaisons • Online feedback form active until May 1, 2015 • Economic Advisory Commission – Mar. ‘15, Apr. ‘15, & May ‘15 • Land Conservation and Stewardship Board – Apr. ’15 • Energy Board – Aug. ‘15 7 Packet Pg. 153 Attachment: Powerpoint presentation (3200 : Economic Health Strategic Plan Update) - 1 - RESOLUTION 2015-059 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING AN UPDATE TO THE ECONOMIC HEALTH STRATEGIC PLAN FOR THE CITY OF FORT COLLINS WHEREAS, on September 5, 2006, the City Council adopted Resolution 2006-097, adopting the City’s Economic Action Plan; and WHEREAS, on February 15, 2011, the City Council adopted Resolution 2001-015, adopting revisions to “City Plan,” the City’s comprehensive plan, including a series of Principles and Policies related to economic health; and WHEREAS, on November 15, 2011, the City Council adopted Ordinance No. 149, 2011, amending Chapter 2 of the City Code adding a new Section 2-506 to establish Sustainability Services as a new City service area; and WHEREAS, on June 26, 2012, the City Council adopted Resolution 2012-044, adopting the City’s Economic Health Strategic Plan (the “2012 EHS Plan”); and WHEREAS, in 2012, the Economic Health Office became a part of Sustainability Services; and WHEREAS, on March 25, 2014, the City Council considered and discussed the City of Fort Collins 2015-16 Strategic Plan and provided input to staff regarding the content of the plan; and WHEREAS, in July 2014, City staff began working on an update to the 2012 EHS Plan as an extension of the City’s previous economic health planning efforts and in order to integrate as part of the City’s economic health planning efforts the concepts and priorities established in the City of Fort Collins 2015-16 Strategic Plan and align the priorities of economic health planning efforts with the priorities of Sustainability Services; and WHEREAS, the City’s Economic Advisory Commission provided input to staff in connection with the planning process, and at its meeting on February 18, 2015 and again on May 20, 2015, voted to recommend adoption of the update to the Economic Health Strategic Plan, attached hereto as Exhibit “A” and incorporated herein by this reference (the “2015 EHS Plan”); and WHEREAS, the City Council believes that the adoption and implementation of the 2015 EHS Plan will make clear the purpose and reasons for economic health planning and activities in the City of Fort Collins and assist the City in collaborating with academia, business interests, and non-profit and governmental entities to promote a healthy, sustainable economy reflecting community values; and WHEREAS, for the foregoing reasons, the City Council wishes to approve the 2015 EHS Plan and, in so doing, to supersede and replace the 2012 EHS Plan. Packet Pg. 154 - 2 - NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby approves and adopts the 2015 EHS Plan. Section 2. That the 2015 EHS Plan shall supersede and replace in all respects the 2012 EHS Plan. Section 3. That the City Council hereby directs the City Manager to provide the City Council, no less frequently than annually, with a report on the status of the implementation of the 2015 EHS Plan, the successes and outcomes from the implementation of the 2015 EHS Plan, and any recommendations for interim modifications to the 2015 EHS Plan. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 2nd day of June, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 155 Fort Collins Economic Health COMMUNITY PROSPERITY | GROW OUR OWN PLACE MATTERS | THE CLIMATE ECONOMY | THINK REGIONALLY Strategic Plan Project Sponsor: Jacqueline Kozak Thiel Project Manager: Josh Birks Prepared: May 26, 2015 EXHIBIT A Packet Pg. 156 Attachment: Exhibit A (3221 : Economic Health Strategic Plan Update RESO) Acknowledgements Mayor and City Council Karen Weitkunat.................................................................................................................................................Mayor Gerry Horak.................................................................................................................Mayor Pro Tem, District 6 Bob Overbeck.................................................................................................................................................District 1 Lisa Poppaw....................................................................................................................................................District 2 Gino Campana...............................................................................................................................................District 3 Wade Troxell...................................................................................................................................................District 4 ŅŸŸƚĹĹĜýţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţ%ĜŸƋųĜÏƋĂ Ƌ±ý Darin Atteberry....................................................................................................................................City Manager IåýaĜĘåĬĜÏĘţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţ%åŞƚƋƼĜƋƼa±Ĺ±čåų ųƚÏåBåĹÚååţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţţĘĜåüƚŸƋ±ĜűÆĜĬĜƋƼkþÏå Josh Birks...................................................................................................................Economic Health Director Tom Leeson........................................................................................Redevelopment Program Manager SeonAh Kendall.........................................................................Economic Policy and Project Manager Sam Houghteling.................................................................................Graduate Management Assistant Contact Economic Health 300 Laporte Avenue Fort Collins, CO 80521 970-221-6324 jbirks@fcgov.com Packet Pg. 157 Attachment: Exhibit A (3221 : Economic Health Strategic Plan Update RESO) Table of Contents What is Economic Health ............................................................................................................................1 Why a Revisit? ...................................................................................................................................................................2 Plan Structure ...................................................................................................................................................................2 Additional Work Completed ....................................................................................................................................2 Context and Background ........................................................................................................................... 3 Plan Fort Collins - How It All Fits Together ......................................................................................... 4 Strengths, Weaknesses, Opportunities, and Threats ................................................................... 5 A. Community Prosperity ............................................................................................................................ 7 Challenges ..........................................................................................................................................................................8 Our Vision .............................................................................................................................................................................8 Our Role ................................................................................................................................................................................8 Goals .......................................................................................................................................................................................9 Alignment to the City of Fort Collins Strategic Plan ..............................................................................11 Integration of the Triple Bottom Line ..............................................................................................................12 B. Grow Our Own .......................................................................................................................................... 13 Challenges ........................................................................................................................................................................14 Our Vision ...........................................................................................................................................................................14 Our Role ..............................................................................................................................................................................14 Goals .....................................................................................................................................................................................15 Alignment to the City of Fort Collins Strategic Plan ..............................................................................17 Integration of the Triple Bottom Line ............................................................................................................. 18 C. Place Matters ............................................................................................................................................19 Challenges .......................................................................................................................................................................20 Our Vision ..........................................................................................................................................................................20 Our Role .............................................................................................................................................................................20 Goals .....................................................................................................................................................................................21 Alignment to the City of Fort Collins Strategic Plan .............................................................................23 Integration of the Triple Bottom Line .............................................................................................................24 D. The Climate Economy ...........................................................................................................................25 Challenges .......................................................................................................................................................................26 Our Vision ..........................................................................................................................................................................26 Our Role .............................................................................................................................................................................26 Goals ....................................................................................................................................................................................27 Alignment to the City of Fort Collins Strategic Plan .............................................................................29 Integration of the Triple Bottom Line .............................................................................................................30 E. Think Regionally ...................................................................................................................................... 31 Challenges .......................................................................................................................................................................32 Our Vision ..........................................................................................................................................................................32 Our Role .............................................................................................................................................................................32 Goals ....................................................................................................................................................................................33 Alignment to the City of Fort Collins Strategic Plan .............................................................................35 Integration of the Triple Bottom Line .............................................................................................................36 Implementation ............................................................................................................................................37 APPENDIX .........................................................................................................................................................39 Fort Collins Economic Health Strategic Plan Packet Pg. 158 Attachment: Exhibit A (3221 : Economic Health Strategic Plan Update RESO) What is Economic Health? The City of Fort Collins intentionally uses the terms “Economic Health” to describe the community’s engagement with the economy. The meaning of health refers to a “general condition of…soundness” and “vitality.” The City uses the word “health” versus “development” when discussing economic activities because the objective is overall soundness and long-term vitality versus short-term or individualized gain. In addition, the triple bottom line focus further reinforces the commitment to a more holistic view of the economy’s role in our community. A healthy economy: • F Ÿ ƴĜÆų±ĹƋØ ųåŸĜĬĜåĹƋØ ±ĹÚ ĜĹƋåčų±ƋåŸ ĵƚĬƋĜŞĬå ĜĹƋåų±ÏƋĜŅĹŸ ±ÏųŅŸŸ ĵ±ĹƼ stakeholder groups (e.g., citizens representing multiple sub-communities, Ĭ±ųčå ±ĹÚ Ÿĵ±ĬĬ ÏŅĵޱĹĜåŸØ ĹåƵ ±ĹÚ åŸƋ±ÆĬĜŸĘåÚ ÏŅĵޱĹĜåŸØ ĹŅĹěŞųŅĀƋ organizations, and local government), and • { ųŅƴĜÚåŸ ÚĜƴåųŸå ŅŞŞŅųƋƚĹĜƋĜåŸ üŅų ÚåƴåĬŅŞĵåĹƋ ƵĘĜÏĘ ±ÏĩĹŅƵĬåÚčå resource constraints and retain or improve the present quality of life in the City. Therefore, the objective of Economic Health is a sustainable economy. A ŸƚŸƋ±ĜűÆĬååÏŅĹŅĵƼĵå±ĹŸƋʱƋųåŸĜÚåĹƋŸÏ±ĹĀĹÚåĵŞĬŅƼĵåĹƋ±ĹÚ±ýŅųÚ to live in the community; that businesses are able and encouraged to start, remain, and expand in the community; and that everyone can expect quality City services and sustainable, attractive infrastructure. ECONOMIC HEALTH VISION: Promote a healthy, sustainable HFRQRP\UHÁHFWLQJFRPPXQLW\ values City of Fort Collins Economic Health 1 Packet Pg. 159 Attachment: Exhibit A (3221 : Economic Health Strategic Plan Update RESO) Why a Revisit? FĹƖLjŎŎ±ĹÚƖLjŎƖƋĘå)ÏŅĹŅĵĜÏBå±ĬƋĘkþÏåŠ)BkšĬåÚ±ŞųŅÏ域ƋŅƚŞÚ±Ƌå the community’s strategic plan related to economic health. The update followed the City Plan update process completed in early 2011. It was the intent for the update to move beyond the previous 2005 Economic Health Action Plan by developing guiding principles and strategic goals to guide future economic health activities. FĹƖLjŎƖØƋĘå)ÏŅĹŅĵĜÏBå±ĬƋĘkþÏåģŅĜĹåÚƋĘåƚŸƋ±ĜűÆĜĬĜƋƼåųƴĜÏåeųå± (SSA), shortly before the previous version of the Economic Health Strategic Plan (EHSP) was adopted in June of 2012. Now there is a need to align the EHSP with SSA division objectives. Enhancing community resiliency is a key part of this alignment. Finally, the revised plan needs to align with the City’s recently adopted Strategic Plan. In addition, alignment between the three departments of the SSA division ƵĜĬĬÆååĹʱĹÏåÚÆƼŅƚƋĬĜĹĜĹčŸŞåÏĜĀÏčŅ±ĬŸ±ĹÚŸƋų±ƋåčĜåŸƋʱƋÚåŸÏųĜÆåƋĘå triple bottom line. This revisit attempts to describe the overlap between the three individual departments. These goals and strategies are intended to enhance the partnering opportunities between the departments and aid in describing collective objectives. Finally, the revisit is intended to consider several emerging challenges facing the City of Fort Collins economy. These challenges include: • ŅųĩüŅųÏåÚåĵŅčų±ŞĘĜÏŸĘĜüƋŸſ • { ±ÏåŅüĜĹĹŅƴ±ƋĜŅĹŅųÚĜŸųƚŞƋĜƴåƋåÏĘĹŅĬŅčĜåŸſ • ĬĜĵ±ƋåÏʱĹčåſ±ĹÚ • ŅĵĵƚĹĜƋƼÆƚĜĬÚěŅƚƋţ While many of these challenges are not unique to Fort Collins, they will have unique implications. This update attempts to address these issues through revisions and changes to the previously adopted guiding principles and strategic goals. It is not the intent of this update to re-write or negate the existing adopted EHSP, but rather to enhance the previous version for the reasons stated above. Furthermore, this plan focuses on the City’s contribution to the åÏŅĹŅĵĜÏ Ęå±ĬƋĘ Ņü ƋĘå ÏŅĵĵƚĹĜƋƼ ±ĹÚ ĜŸ ĵå±ĹƋ ƋŅ Æå ŸŞåÏĜĀÏ ƋŅ ƋĘå )ÏŅĹŅĵĜÏBå±ĬƋĘkþÏåűŸ±ĹÚĜĹƋåųűĬޱųƋĹåųŸűƵŅųĩŞĬ±ĹüŅųƋĘåĹåƻƋƋĘųåå years. Plan Structure The plan is laid out in themes. Each theme includes relevant challenges, a vision for the future, the role of the City, and numerous goals. The goals ĜĹÏĬƚÚå ŸŞåÏĜĀÏ ŸƋų±ƋåčĜåŸØ ± ÚåŸĜųåÚ ŅƚƋÏŅĵåØ ±ĹÚ ĵåƋųĜÏŸ ƋŅ åƴ±Ĭƚ±Ƌå ŸƚÏÏ域ţ 8ĜűĬĬƼØ ƋĘå )ÏŅĹŅĵĜÏ Bå±ĬƋĘ kþÏå ʱŸ ƋĘųåå ŞųĜĵ±ųƼ üƚĹÏƋĜŅĹŸ related to achieving the goals in each theme, including: • X å±ÚóĜƋƼƋ±ĩåŸŅĹƋĘåĬå±ÚųŅĬåĜĹĜĵŞĬåĵåĹƋĜĹčŸŞåÏĜĀÏčŅ±ĬŸ • Partner—City partners with other agencies and organizations to implement ŸŞåÏĜĀÏčŅ±ĬŸĜĹÏĬƚÚĜĹčŞųŅƴĜÚĜĹčüƚĹÚŸƋŅ±ÏĘĜåƴåƋĘåŸåÏŅĬĬåÏƋĜƴåčŅ±ĬŸ • Collaborate—City partners with other agencies and organizations to ĜĵŞĬåĵåĹƋŸŞåÏĜĀÏčŅ±ĬŸƵĜƋĘŅƚƋŞųŅƴĜÚĜĹčüƚĹÚŸţ A matrix in the Implementation Section of this plan indicates which role ties ƋŅå±ÏĘčŅ±ĬƵĜƋĘĜĹƋĘåĀƴåƋĘåĵå±ų屟ţ Additional Work Completed The EHO has completed two major pieces of additional analysis since the Economic Health Strategic Plan was approved in 2012. Each of these documents has been used in developing this update. • Cluster Strategy 2.0 - An update to the Targeted Industry Cluster program completed by TIP Strategies in 2013. The study proposed several adjustments to the cluster program, including the introduction of a competitive funding program for distributing cluster dollars. • X±ųĜĵåųŅƚĹƋƼX±ÆŅų8ŅųÏåƋƚÚƼ - The study, completed by TIP Strategies, does a deep dive on the existing and anticipated labor force in Larimer County, including information on commute patterns, skills gap, and Context & Background The City Council adopted the original Economic Health Strategic Plan in 2012. At that time, the nation was still emerging from a major economic recession that had not been seen since the Great Depression. Today, the åÏŅĹŅĵƼŅücŅųƋĘåųĹŅĬŅų±ÚŅ±ĹÚƋĘåűƋĜŅĹʱƴåĜĵŞųŅƴåÚŸĜčĹĜĀϱĹƋĬƼô unemployment has fallen well below accepted stabilized rates. Therefore, this revision to the plan can step back and take a more holistic view of the City’s role in economic health. At the same time, much of the analysis and thinking included in the 2012 EHSP still remains valid. The reader will encounter portions of this document that have been lifted entirely from the 2012 plan as a result (e.g., the Strengths, Weaknesses, Opportunities, and Threats analysis). Sustainability Service Area FĹƖLjŎƖØƋĘå)ÏŅĹŅĵĜÏBå±ĬƋĘkþÏåŠ)BkšģŅĜĹåÚƋĘåƚŸƋ±ĜűÆĜĬĜƋƼåųƴĜÏå eųå± ŠešØ ± ĹåƵĬƼ üŅųĵåÚ ŸåųƴĜÏå ±ųå±ƵĜƋĘĜĹƋĘåĜƋƼţĘåĜƋƼÚåĀĹåŸ sustainability as: “To systematically, creatively, and thoughtfully utilize environmental, human, and economic resources to meet our present needs and those of future generations without compromising the ecosystems on which we depend. The City’s Sustainability Services Area consists of Environmental Services, Social Sustainability and Economic Health.” ĘåĵĜŸŸĜŅĹŅüƋĘåeĜŸÚåĬĜƴåųŅĹƋĘĜŸÚåĀĹĜƋĜŅĹŅüŸƚŸƋ±ĜűÆĜĬĜƋƼÆƼ׊Ŏš encouraging the Triple Bottom Line perspective be applied to all major City projects; and (2) engaging in activities that support the TBL in our community, as show in the Venn diagram. Plan Fort Collins This Economic Health Strategic Plan does not exist in a vacuum. The City has a wide array of strategic plans, ranging from sub-area land use plans to the Climate Action Plan. All the plans work together to create a full and complete picture of the City’s strategic direction and intent. The EHSP provides one piece of the overall puzzle and must be understood in the broader context. Plan Fort Collins, the City’s long-range comprehensive land use plan for the community provides the foundation upon which this and all the other plans of the city rest. The time horizon of Plan Fort Collins extends at least 20 if not 50 years into the future and provides overarching direction. This EHSP focuses ŅĹƋĘåĹåƻƋƋĘųååƋŅĀƴåƼå±ųŸ±ĹÚÚåŸÏųĜÆåŸÚĜųåÏƋĜŅĹüŅųƋĘåĜƋƼųåĬ±ƋåÚƋŅ the Economic Health aspects of delivering on Plan Fort Collins. The following graphic demonstrates how this plan and others all interface. It’s particularly important to note that that this EHSP must work in concert with the City’s Climate Action Plan, Natural Areas Master Plan, Transportation Master Plan, etc. Each of these other plans provides context and direction that in some cases provide limits and in others opportunities for the implementation of the EHSP. This plan does not override the other priorities of the City. Instead, it must complement them while not infringing upon those goals. Economic Environmental Social Business Retention & Expansion Incubation & Entrepreneurial Support Land & Infrastructure Planning Data Analysis Industry Cluster Support Workforce Development Business Plan Fort Collins - How It All Fits Together 2060 2008 2010 2020 2030 2040 2050 Plan Fort Collins Climate Action Plan Economic Health Strategic Plan Utilities Strategic Plan Paved Recreational Trail Master Plan Social Sustainability Transportaion Master Plan 2008 - 2050 2013 - 2045 2011-2061 2010-2035 2015-2035 2015-2020 2015-2019 The Economic Health Strategic Plan is but one part of an overarching plan, Plan Fort Collins. There are many plans throughout the City, but below are a few samples to show how every plan is developed to nest within and support Plan Fort Collins, and indicates what Strategic OutÏŅĵ埱ųå±ýåÏƋåÚţ KEY Community & Neighborhood Livability Culture & Recreation Economic Health Environmental Health Safe Community Transportation High Performing Government The Economic Health Strategic Plan is but one part of an overarching plan, Plan Fort Collins. There are many plans throughout the City, but below are a üåƵŸ±ĵŞĬåŸƋŅŸĘŅƵĘŅƵåƴåųƼŞĬ±ĹĜŸÚåƴåĬŅŞåÚƋŅĹåŸƋƵĜƋĘĜűĹÚŸƚŞŞŅųƋ{Ĭ±Ĺ8ŅųƋŅĬĬĜĹŸØ±ĹÚĜĹÚĜϱƋåŸƵʱƋƋų±ƋåčĜÏkƚƋÏŅĵ埱ųå±ýåÏƋåÚţ 4 Packet Pg. 162 Attachment: Exhibit A (3221 : Economic Health Strategic Plan Update RESO) Strengths, Weaknesses, Opportunities, and Threats In 2011 and 2012, the City hired TIP strategies to prepare an Economic Health Strategic Plan (EHSP). During that study, TIP conducted an economic development Strength, Opportunities, Weakness, and Threats (SWOT) analysis of the assets and opportunities in Fort Collins. The analysis was based on a review of economic, demographic, and workforce characteristics, interviews with local and regional business and community leaders, and TIP’s experience working with communities and regions across the country. Ęå±Ĺ±ĬƼŸĜŸŞųŅƴĜÚåÚÏŅĹƋåƻƋüŅųƋĘåƖLjŎƖ)B{ØŸŞåÏĜĀϱĬĬƼƋĘåüų±ĵåƵŅųĩ and objectives. The SWOT Analysis remains a valuable tool for evaluating the economic condition of the City. The graphic below summarizes the results of the analysis and can be understood with the following, statements: • ĘåŸĜDŽåŅüƋĘåÆƚÆÆĬåĜŸĜĹƋåĹÚåÚƋŅÏŅĹƴåƼƋĘåÏŅĹŸƚĬƋĜĹčƋå±ĵűŸƴĜåƵŅü the relative importance of the topic, and in some cases, the likelihood of impact in the region. • F ƋåĵŸÏĬŅŸåųƋŅƋĘåÏåĹƋåųŅüƋĘåčų±ŞĘƋåĹÚƋŅÆåĵŅųåĬŅϱĬĜĹűƋƚųåţ ĘŅŸå±ƋƋĘåŅƚƋåųÏŅųĹåųŸ±ųåĜĹāƚåĹÏåÚÆƼŸƋ±ƋåØűƋĜŅűĬØŅųčĬŅƱĬ trends, placing them to some degree outside of local or regional control. Colorado State University has been placed at the center of the diagram ±ĹÚƋĘåĬ±ųčåŸƋÆƚÆÆĬåţĘĜŸųåāåÏƋŸƋĘåÏåĹƋų±ĬųŅĬåƋʱƋŞĬ±ƼŸĜĹ8ŅųƋ ŅĬĬĜĹŸåÏŅĹŅĵĜÏĘå±ĬƋĘţFƋ±ĬŸŅųåāåÏƋŸƋĘåÚååŞÚåŞåĹÚåĹÏƼƋʱƋƋĘåÏĜƋƼ has on this entity that extends far beyond economic health. To imagine a Fort Collins without CSU is to imagine the good fortune and perilous exposure that Fort Collins experiences from this relationship. c mi WO s w ri rs co ĵ c s Ƶ o City of Fort Collins Economic Health űŸƴĜå elih ĬŅÏ ŅĹ or c å å h e Packet Pg. 163 Attachment: Exhibit A (3221 : Economic Health Strategic Plan Update RESO) immigration restrictions unstable commodity markets climate change higher education funding commercial growth going to surrounding communities aging commercial corridors limited state incentives ability to attract executives access to capital economic ÚĜƴåųŸĜĀϱƋĜŅĹ skills mismatch ĀŸÏ±Ĭ sustainability in the shadow of Boulder sluggish growth in US economy, high unemployment üåÚåų±ĬÚåĀÏĜƋ¼ downward pressure ŅĹ)%±ĹÚ¼% funding political instability and regional growth disparities ĜĹāƚåĹÏåŅĹ how key sites marketed lack of available ĘĜčĘŧƚ±ĬĜƋƼŅþÏå space environmental stewardship state/regional economy growing global demand for US products and services federal export initiative may open new opportunities community prosperity. City of Fort Collins Economic Health Packet Pg. 165 Attachment: Exhibit A (3221 : Economic Health Strategic Plan Update RESO) Community Prosperity Supporting a sustainable economy means enhancing the opportunities for all residents to participate in the local economy. The City creates an atmosphere where businesses that align with community values thrive and focuses on retaining, expanding, incubating and, lastly, attracting new ÆƚŸĜĹ域åŸţĘåŸååýŅųƋŸüŅÏƚŸŅűųčåƋåÚFĹÚƚŸƋųƼĬƚŸƋåųŸŠÏĬå±ĹåĹåųčƼØ water innovation, bioscience, technology - chip design/enterprise software, local food) and Sectors (advanced manufacturing, energy, healthcare, and creative industries). In addition, the City supports businesses that exemplify the overall character of the community. Finally, enabling systems that ensure a skilled workforce that meets the needs of local employers through partnerships with other local economic development organizations and educational institutions is important. The economic development profession has long been focused on primary ģŅÆŸØ ƋƼŞĜϱĬĬƼ ÚåĀĹåÚ ±Ÿ ģŅÆŸ ƵĘĜÏĘ ŞųŅÚƚÏå čŅŅÚŸ ±ĹÚ ŸåųƴĜÏåŸ ĜĹ åƻÏ域ŅüƵʱƋϱĹÆåÏŅĹŸƚĵåÚĜĹƋĘåĬŅϱĬĵ±ųĩåƋŞĬ±ÏåţĘĜŸÚåĀĹĜƋĜŅĹ has traditionally led practitioners to direct resources toward a relatively narrow range of industries such as manufacturing, company headquarters, wholesale trade, and technology. The assumptions behind this emphasis are generally sound. These jobs have historically generated higher wages ±ĹÚ ÆåĹåĀƋŸ üŅų åĵŞĬŅƼååŸØ ±ĹÚ ƋĘå ĵ±Ĺƚü±ÏƋƚųĜĹč ŸåÏƋŅų üųåŧƚåĹƋĬƼ has extensive supplier relationships that other sectors do not. In addition, åƻŞŅųƋěÚųĜƴåĹĜĹÚƚŸƋųĜåŸØÆƼÚåĀĹĜƋĜŅĹØĜĹģåÏƋĹåƵĵŅĹåƼĜĹƋŅƋĘååÏŅĹŅĵƼţ This limited view of primary jobs should be revisited with the recognition that a host of support sectors provide essential services that enable the primary jobs sectors to operate successfully in the region. They are services that the primary sectors would have to “import” into the region if they were not present locally. As a result, these sectors provide import substitution ŅŞŞŅųƋƚĹĜƋĜåŸ ƋʱƋ ųåÚƚÏå ƋĘå āŅƵ Ņü ÚŅĬĬ±ųŸ ŅƚƋŸĜÚå ƋĘå ÏŅĵĵƚĹĜƋƼţ FĹ addition, the same sectors account for a great deal of economic activity in a community and provide essential services and import substitution opportunities for residents in the region as well (See the Appendix for additional information). Challenges • Rising income disparity • ĩĜĬĬŸĵĜŸĵ±ƋÏĘ • ±ųųĜåųƋŅĹåƵÆƚŸĜĹ域üŅųĵ±ƋĜŅĹ • ±ųųĜåųŸx±ÏÏ域ƋŅåĵŞĬŅƼĵåĹƋ • { åųŸĜŸƋåĹƋƚĹÚåųåĵŞĬŅƼĵåĹƋ • ĘĜüƋĜĹĵ±Ĺƚü±ÏƋƚųĜĹčģŅÆŸxŞƚÆĬĜÏŞåųÏåŞƋĜŅĹ • F ĹÏų屟åĜĹŅƚƋÆŅƚĹÚÏŅĵĵƚƋåųŸ • ĘĜüƋĜĹĬ±ÆŅųüŅųÏåÚåĵŅčų±ŞĘĜÏŸŠŅŅĵåųŸxaĜĬĬåĹĹĜ±ĬŸš • ĜŸĜĹčÏŅŸƋŅüåÚƚϱƋĜŅĹ • Ƌ±čűĹƋĜĹÏŅĵåŸ • X ±čÆåƋƵååĹåÚƚϱƋĜŅűĹÚåĵŞĬŅƼåųŸ • ĜŸĜĹčŸƋƚÚåĹƋÚåÆƋ • % ĜŸŞųŅŞŅųƋĜŅűƋåƚĹåĵŞĬŅƼĵåĹƋÆƼåÚƚϱƋĜŅĹĬåƴåĬ • B ŅƚŸĜĹč±ýŅųÚ±ÆĜĬĜƋƼÏŅĹÏåųĹŸ Our Vision Employment opportunities exist across the income and education/skill spectrums Our Role Ęå)ÏŅĹŅĵĜÏBå±ĬƋĘkþÏåŞĬ±ƼŸƋĘåüŅĬĬŅƵĜĹčųŅĬåŸųåĬ±ƋĜƴåƋŅŅĵĵƚĹĜƋƼ Prosperity: 1. Foster alignment of Economic Health goals and strategies in the City organization, with strategic partners, and in the community 2. Support workforce development initiatives that meet the needs of Fort Collins employers and residents 1. Develop and admininster annually an Employer Satisfaction Survey 2. ) űÆĬåƋĘåŅųĩüŅųÏåFĹƴåŸƋĵåĹƋŅ±ųÚŠFšƋŅ ŸƚŞŞŅųƋŞųĜƴ±ƋåĜĹÚƚŸƋųƼĜÚåĹƋĜĀϱƋĜŅĹŅüŸĘŅųƋě±ĹÚ long-term skills needed in the workforce to assist educational institutions in curriculum development 3. ) ƻޱĹÚ±ÏÏ域ƋŅƋų±ĜĹĜĹčŞųŅčų±ĵŸØĜĹÏĬƚÚĜĹč short-term skill building programs that build career pathways and allow individuals to secure a job or advance in high-demand industries and occupations 4. ƚŞŞŅųƋåƻĜŸƋĜĹčƵŅųĩŞĬ±ÏååÚƚϱƋĜŅűĹÚƋų±ĜĹĜĹč opportunities and identify funding sources to support on-the-job training for new and existing workers 5. { ųŅĵŅƋåƋĘåŅųĩüŅųÏååĹƋåųűŸŸåųƴĜÏåŸƋŅ businesses and incorporate the center into economic health programming to promote cross- pollination Community Prosperity CLOSE THE SKILLS GAP AND INCREASE CAREER PATHWAYS IN THE COMMUNITY A.1 1. • cƚĵÆåųŅü:ų±Úƚ±ƋåŸƵĜƋĘÚåčųååŸxÏåųƋĜĀϱƋåŸŞĬ±ÏåÚĜĹƋĘå local workforce • X ±ÆŅųޱųƋĜÏĜޱƋĜŅĹų±Ƌå • ) ĵŞĬŅƼåų±ƋĜŸü±ÏƋĜŅĹƚųƴåƼôeÏÏ域ƋŅƵŅųĩěųå±ÚƼåĵŞĬŅƼååŸ locally • { åųÏåĹƋŅüųåŸĜÚåĹƋŸƋʱƋĬĜƴå±ĹÚƵŅųĩĜĹ8ŅųƋŅĬĬĜĹŸ Create alignment between employers, the Workforce Center, and educational institutions regarding future workforce needs needs 1. ŅĹƋĜĹƚåƋŅÚåƴåĬŅŞƋĘåeÚƴ±ĹÏåÚa±Ĺƚü±ÏƋƚųĜĹčØ Healthcare, Energy, and Creative Industry sectors ĜĹÏŅĬĬ±ÆŅų±ƋĜŅĹƵĜƋĘƋĘåƋ±ƋåűŸkþÏåŅü)ÏŅĹŅĵĜÏ Development and International Trade (OEDIT) 2. ŅĹƋĜĹƚåƋŅÏŅĹƴåĹå±ĹÚĜĹƴåŸƋĜĹƋĘåĜƋƼűŸ ĜÚåĹƋĜĀåÚƋ±ųčåƋåÚÏĬƚŸƋåųŸ±ĹÚƋĘåĜųŸƚŞŞĬƼ chains, including: clean energy, water innovation, bioscience, technology (hardware design/ enterprise software), and uniquely Fort Collins (breweries, bicycle manufacturers, local food, arts & culture, etc.) 3. åĀĹå±ĹÚåĹʱĹÏåĜƋƼűŸÚĜųåÏƋ±ŸŸĜŸƋ±ĹÏåƋŅŅĬŸě target a wide range of businesses with an emphasis on primary and support sector jobs 4. ĹÚåųŸƋ±ĹÚŸƚŞŞĬƼÏʱĜĹ豪Ÿ±ĹÚÏŅĵŞĬåĵåĹƋ±ųƼ businesses/industries to our economy 5. { ±ųƋĜÏĜޱƋåĜĹÏųŅŸŸěüƚĹÏƋĜŅűĬƋå±ĵŸƋŅåĹÏŅƚų±čå policies, land use regulations, and other municipal activities that consider the impact on economic and employment activity in the community 6. { ųŅƴĜÚååÚƚϱƋĜŅűĬŅŞŞŅųƋƚĹĜƋĜ埱ĹÚƋų±ĜĹĜĹč workshops to support the 1099 workforce DIVERSIFY EMPLOYMENT A.2 OPPORTUNITIES FOR RESIDENTS • ŅĹÏåĹƋų±ƋĜŅĹŅüƋ±ųčåƋåÚĜĹÚƚŸƋųĜ埱ĹÚŸåÏƋŅųŸĵ屟ƚųåÚ by the location quotient • ĹåĵŞĬŅƼĵåĹƋų±ƋåÏŅĵޱųåÚƋŅŅƚĹƋƼ±ĹÚƋ±Ƌå 1. B ŅĬÚ±ĹĹƚ±ĬϱųååųÚ±ƼŸ±ƋĬŅϱĬĘĜčĘŸÏĘŅŅĬŸƋʱƋ åƻŞŅŸåŸƋƚÚåĹƋŸƋŅÚĜýåųåĹƋŞųŅü域ĜŅĹŸƋĘųŅƚčĘ speakers, videos, factory tours, and shadowing opportunities 2. k ųč±ĹĜDŽåü±ÏƋŅųƼƋŅƚųŸƋʱƋŸĘŅƵϱŸåƋĘå±Úƴ±ĹÏåÚ technologies used in manufacturing processes and the skills needed to work in that environment 3. ųå±Ƌå±Ĺ±ŞŞųåĹƋĜÏåŸĘĜŞŅųĜĹƋåųĹŸĘĜŞŞųŅčų±ĵƋʱƋ would provide hands-on learning experiences for high school students 4. ŅŅųÚĜűƋåƵĜƋĘ8ųŅĹƋ±ĹčåŅĵĵƚĹĜƋƼŅĬĬåčå (FRCC) to promote opportunities available to high ŸÏĘŅŅĬŸƋƚÚåĹƋŸƋŅŅÆƋ±ĜĹÏåųƋĜĀϱƋĜŅĹŸ±ĹÚåĹʱĹÏå their work readiness upon graduation 5. F ĹÏĬƚÚåŞųŅčų±ĵĜĹüŅųĵ±ƋĜŅűĹÚųåŸŅƚųÏåŸüŅųĬŅϱĬ youth on Fort Collins on-line job board A.4 • { ±ųƋĜÏĜޱƋĜŅĹĜĹŞųŅčų±ĵŸôϱųååųÚ±ƼŸØƋŅƚųŸØåƋÏţ • ) ĵŞĬŅƼåų±ƋĜŸü±ÏƋĜŅĹƚųƴåƼôeÏÏ域ƋŅƵŅųĩěųå±ÚƼåĵŞĬŅƼ- ees locally Educate local youth on the wide range of career opportunities, with a focus on changing the perception of manufacturing and heavy industry jobsneeds 6 INCREASE YOUTH ENGAGEMENT IN WORKFORCE AND TALENT DEVELOPMENT community prosperity. JURZRXURZQSODFHPDWWHUVWKHFOLPDWHHFRQRP\WKLQNUHJLRQDOO\ 10 66 ck)×ĘĜŸŞĬ±ĹųåÏŅčĹĜDŽåŸƋĘåŸĜčĹĜĀϱĹƋåýŅųƋŸ±ĹÚüŅÏƚŸŅüƋĘåŅÏĜ±ĬƚŸƋ±ĜűÆĜĬĜƋƼ%åŞ±ųƋĵåĹƋŠ%šƋŅ±ÚÚų域ƋĘĜŸ ƋĘåĵåÆƼŸƚŞŞŅųƋĜĹčØÏųå±ƋĜĹčرĹÚĜĹƴåŸƋĜĹčĜĹųåŸŅƚųÏåŸüŅųŸƋ±ÆĜĬĜƋƼ±ĹÚŸåĬüěŸƚþÏĜåĹÏƼŅüųåŸĜÚåĹƋŸţĘåčŅ±ĬŸ±ĹÚ ŸƋų±ƋåčĜåŸÚåŸÏųĜÆåÚƚĹÚåųƋĘĜŸƋĘåĵåųåŞųåŸåĹƋŅĹååĹÚŅü±ŸŞåÏƋųƚĵŅüåýŅųƋŸţeŸŸƚÏĘØƋĘå±ÏƋĜŅĹŸŸƚččåŸƋåÚĜĹƋĘĜŸ plan are intended to complement the work of SSD. The success of the plan relies on success of the SSD strategic plan and åýŅųƋŸ±ĹÚƴĜÏåƴåųŸ±ţ Packet Pg. 168 Attachment: Exhibit A (3221 : Economic Health Strategic Plan Update RESO) Community Prosperity 1. Align economic health goals and strategy across ±ĬĬĬåƴåĬŸŅüƋĘåŅųč±ĹĜDŽ±ƋĜŅűĹÚųåĀĹå±ĹÚ agree upon the economic tools the City uses (EH 3.1) 2. F ĵŞųŅƴåŞŅĬĜÏĜ埱ĹÚŞųŅčų±ĵƋŅųåƋ±ĜĹØåƻޱĹÚØ ĜĹÏƚƱƋåرĹÚ±ƋƋų±ÏƋŞųĜĵ±ųƼåĵŞĬŅƼåųŸƵĘåųå ÏŅĹŸĜŸƋåĹƋƵĜƋĘĜƋƼčŅ±ĬŸŠ)BƐţƖš 3. ƚŞŞŅųƋƵŅųĩüŅųÏåÚåƴåĬŅŞĵåĹƋ±ĹÚÏŅĵĵƚĹĜƋƼ amenities/initiatives that meet the needs of åĵŞĬŅƼåųŸƵĜƋĘĜĹƋĘåÏĜƋƼŠ)BƐţƐš 4. FĵŞųŅƴååýåÏƋĜƴåĹ域ƋĘųŅƚčĘÏŅĬĬ±ÆŅų±ƋĜŅĹ ƵĜƋĘåÏŅĹŅĵĜÏěĘå±ĬƋĘŅųĜåĹƋåÚųåčĜŅűĬޱųƋĹåųŸ (EH 3.4) Alignment to the City of Fort Collins Strategic Plan City of Fort Collins Economic Health Packet Pg. 169 Attachment: Exhibit A (3221 : Economic Health Strategic Plan Update RESO) ECONOMY SOCIAL • Enhancing the available local workforce by understanding the skills gap and enhancing training opportunities supports the success of local employers. Enhancing the availability of on-the-job-training, educational opportunities and the diversity of jobs improves personal incomes. Support of current primary employers ƋĘųŅƚčĘ ųåƋåĹƋĜŅĹ ±ĹÚ åƻŞ±ĹŸĜŅĹ åýŅųƋŸ increases opportunities in the local economy. Encouraging the formation and expansion of local support sector employers reduces the need to import these goods and services from outside the community. • People need a level of economic stability in order to meet their basic human needs and gain access to increased job opportunities that create greater economic stability. On-the-job training provides opportunities for transferable ŸĩĜĬĬŸ ±ĹÚ ÏåųƋĜĀϱƋĜŅĹŸ ƋŅ ĵŅƴå ÏŅĵĵƚĹĜƋƼ members through the economy. Reduction in commute times allows community members to spend more time with their families and have healthier lifestyles. Encouraging jobs along the income and educational spectrums address inequities in the community where there are currently a lack of jobs at a point along the spectrum. Integration of the Triple Bottom Line ENVIRONMENT • Additional businesses and people require additional resources and impact land, water, air, energy, and transportation. These impacts can be mitigated by helping businesses reduce resource needs, reuse existing resources, and improve their carbon footprint. The availability of additional jobs especially across the entire income and educational spectrums, can reduce commuting patterns. community prosperity.JURZRXURZQSODFHPDWWHUVWKHFOLPDWHHFRQRP\WKLQNUHJLRQDOO\ 12 Packet Pg. 170 Attachment: Exhibit A (3221 : Economic Health Strategic Plan Update RESO) JURZRXU RZQ City of Fort Collins Economic Health Packet Pg. 171 Attachment: Exhibit A (3221 : Economic Health Strategic Plan Update RESO) Grow Our Own Fort Collins has numerous sources of innovation, intellectual property and inventions within its city limits, including Colorado State University (CSU), federal research labs and a long list of innovative companies. As a result, the city has one of the highest rates of innovation in the United States, producing 10 patents per 10,000 residents annually. This fact, coupled with the recognition that entrepreneurship can be a powerful engine of economic prosperity, has led the City to identify innovation as a cornerstone of the Fort Collins economy. This theme focuses on nurturing entrepreneurship and ĜĹĹŅƴ±ƋĜŅűÏųŅŸŸƋĘåŸŞåÏƋųƚĵŅüÏŅĵޱĹĜåŸôŸĵ±ĬĬƋŅĬ±ųčåرĹÚåƻĜŸƋĜĹč to start-up. Challenges • X ±ÏĩŅüϱŞĜƋ±Ĭ • % ĜŸģŅĜĹƋåÚxĵĜŸ±ĬĜčĹåÚųåŸŅƚųÏåŸ • ±ųųĜåųŸƋŅĹåƵÆƚŸĜĹ域üŅųĵĜĹčüųŅĵƵĜƋĘĜĹåƻĜŸƋĜĹčÆƚŸĜĹåŸŸåŸŠŮŸŞĜĹě out”) • ±ųųĜåųŸƋŅĹåƵÆƚŸĜĹ域üŅųĵ±ƋĜŅĹ • ʱĬĬåĹčåŸƋŅųåƋ±ĜĹĜĹčŸƋ±ųƋěƚޱĹÚƖĹÚŸƋ±čåÆƚŸĜĹåŸŸåŸ • F Ĺüų±ŸƋųƚÏƋƚųåÚåĀÏĜåĹÏĜåŸ • X ±ÏĩŅüÏųĜƋĜϱĬĵ±ŸŸĜĹÏåųƋ±ĜĹƋ±ųčåƋĜĹÚƚŸƋųƼÏĬƚŸƋåųŸ • 8 ±ĜĬƚųåƋŅÏŅĹƴåųƋĜĹƋåĬĬåÏƋƚ±ĬŞųŅŞåųƋƼŠŞ±ƋåĹƋŸšĜĹƋŅĹåƵÆƚŸĜĹåŸŸåŸ • X ±ÏĩŅüŸƚĜƋ±ÆĬå±ĹÚ±ýŅųÚ±ÆĬåŸĜƋåŸƋŅ±ÏÏŅĵĵŅÚ±ƋåĘĜčĘěčųŅƵƋĘ companies Our Vision Our economic ecosystem fosters the development of new and creative industry Our Role Ęå)ÏŅĹŅĵĜÏBå±ĬƋĘkþÏåŞĬ±ƼŸƋĘåüŅĬĬŅƵĜĹčųŅĬåŸųåĬ±ƋĜƴåƋŅ:ųŅƵkƚų Own: • ) ĹŸƚųå±ĬĜčĹĵåĹƋŅüųåŸŅƚųÏ埱ÏųŅŸŸƋĘåÏŅĵĵƚĹĜƋƼƋŅĜĹÏƚƱƋåĹåƵ businesses and support entrepreneurs • Work to promote the concept of a local economy through support of emerging clusters, such as the Local Food Cluster • ŅųĩƵĜƋĘŞ±ųƋĹåųŸƋŅĜÚåĹƋĜüƼƱųųĜåųŸƋŅŸŞĜĹěŅƚƋØĹåƵÆƚŸĜĹ域üŅųĵ±ƋĜŅĹØ and conversion of intellectual property to economic activity and work with ƋĘ埱ĵåŞ±ųƋĹåųŸƋŅÚåƴåĬŅŞĹåƵ±ŞŞųŅ±ÏĘåŸƋŅ±ÚÚų域ƋĘåĜÚåĹƋĜĀåÚ barriers • Encourage the City, large employers, and partners to procure required resources locally community prosperity. JURZRXURZQSODFHPDWWHUVWKHFOLPDWHHFRQRP\WKLQNUHJLRQDOO\ Image Reference - Black’s Glass, a locally owned family business, has been serving Northern Colorado since 1908. 14 Packet Pg. 172 Attachment: Exhibit A (3221 : Economic Health Strategic Plan Update RESO) 2 1. X åƴåų±čåÏĬƚŸƋåųüƚĹÚĜĹčƋŅ±ÚÚų域ƱųųĜåųŸƵĜƋĘĜĹ ŸŞåÏĜĀÏĜĹÚƚŸƋųĜ埊åţčţØƋ±ĬåĹƋÚåƴåĬŅŞĵåĹƋØĵ±ųĩåƋ expansion, etc.) 2. ŅĹƋĜĹƚåƋŅÚåƴåĬŅŞƋĘåeÚƴ±ĹÏåÚa±Ĺƚü±ÏƋƚųĜĹčØ Healthcare, Energy, and Creative Industry sectors ĜĹÏŅĬĬ±ÆŅų±ƋĜŅĹƵĜƋĘƋĘåƋ±ƋåűŸkþÏåŅü)ÏŅĹŅĵĜÏ Development and International Trade (OEDIT) 3. F ĹƴåĹƋŅųƼåƻĜŸƋĜĹčųåŸŅƚųÏåŸØƚĹÚåųŸƋ±ĹÚƱųųĜåųŸ and gaps, and ensure alignment of resources across local and regional organizations to address barriers and gaps 4. ŅĹƴåĹåŞ±ųƋĹåųŸƋʱƋŞųŅƴĜÚåŸƚŞŞŅųƋŸåųƴĜÏåŸ to entrepreneurs regularly (i.e., quarterly or semi- annually), including Rocky Mountain Innosphere, Galvanize, SBDC, CSU, Blue Ocean, SpokesBuzz 5. ) ĹÏŅƚų±čåĜĹĹŅƴ±ƋĜŅűĹÚÏŅĬĬ±ÆŅų±ƋĜŅĹƋĘųŅƚčĘ showcase events, speaker series, and networking opportunities 6. ŅĹĹåÏƋƵĜƋĘüåÚåų±Ĭ±ĹÚŸƋ±ƋåŞ±ųƋĹåųŸŠ{±ƋåĹƋ kþÏåØk)%FØåƋÏţš±ĹÚĬåƴåų±čåŅƋĘåųüƚĹÚĜĹč sources *URZ2XU2ZQ INCREASE ECONOMIC ACTIVITY THROUGH INNOVATION AND B.1 ENTREPRENEURISM • New business formation by industry/sector • ŅƋ±ĬĹƚĵÆåųŅü±ĹĹƚ±ĬޱƋåĹƋŸ±ĹÚŞ±ƋåĹƋŸŞåųŎLjØLjLjLjųåŸĜÚåĹƋŸ • c ƚĵÆåųŅüޱƋåĹƋŸŞųŅÚƚÏåÚÆƼFĹĹŅŸŞĘåųå±ĹÚƱŸåÚ companies • åŸå±ųÏĘŞåĹÚĜĹčôØåŸå±ųÏĘX±ÆŸØŞųĜƴ±ƋåŸåÏƋŅųŠĜü available) Remove barriers and provide support to spin- out, new business formation, and conversion of intellectual property to economic activityeeds 1. ŞŅĹŸŅų±ĹÚŸƚŞŞŅųƋŞųŅčų±ĵŸxåƴåĹƋŸƋʱƋ promote entrepreneurs (e.g., Blue Ocean Challenge) 2. ŅĹƋĜĹƚåƋŅÚåƴåĬŅŞƋĘåeÚƴ±ĹÏåÚa±Ĺƚü±ÏƋƚųĜĹčØ Healthcare, Energy, and Creative Industry sectors ĜĹÏŅĬĬ±ÆŅų±ƋĜŅĹƵĜƋĘƋĘåƋ±ƋåűŸkþÏåŅü)ÏŅĹŅĵĜÏ Development and International Trade (OEDIT) 3. ųå±Ƌå±ŞųŅčų±ĵŅųĜŸŸƚå±ÏʱĬĬåĹčåƋʱƋ would help the City meet its goals or address its challenges through innovative solutions 4. X åƴåų±čåüƚĹÚĜĹčƋŅƋ±ųčåƋĹåƵÆƚŸĜĹ域üŅųĵ±ƋĜŅĹ by underserved populations (e.g., veterans, individuals with disabilities, minorities and women) 5. ŅĵŞĬåƋå±Ĭ±ĹÚųå±ÚĜĹ域±Ĺ±ĬƼŸĜŸŅüåƻĜŸƋĜĹčŅþÏå and industrial vacant land to understand the supply of employment land and barriers to development ôŸŞåÏĜĀϱĬĬƼƋ±ųčåƋĜĹčŅŞŞŅųƋƚĹĜƋĜåŸüŅųÏŅĵޱĹĜåŸ graduating from local/regional accelerators and incubators INCREASE THE NUMBER OF NEW START-UPS AND B.2 ENTREPRENEURS • ŅĹÏåĹƋų±ƋĜŅĹŅüƋ±ųčåƋåÚĜĹÚƚŸƋųĜ埱ĹÚŸåÏƋŅųŸĵ屟ƚųåÚÆƼ the location quotient • c åƵÆƚŸĜĹ域üŅųĵ±ƋĜŅĹÆƼĜĹÚƚŸƋųƼxŸåÏƋŅų • k ƚƋŞƚƋŞåųϱŞĜƋ±Šĵ屟ƚųåŅüŞųŅÚƚÏƋĜƴĜƋƼšôĜűųčåƋFĹÚƚŸƋųĜåŸ 1. ƚŞŞŅųƋޱųƋĹåųŸŠåţčţØŅÏĩƼaŅƚĹƋ±ĜĹFĹĹŅŸŞĘåųå and CSU Ventures) working to provide new or åĹʱĹÏåÚϱŞĜƋ±ĬŸŅƚųÏåŸôåƴ±Ĭƚ±ƋåƋĘåĜƋƼűŸųŅĬå in capital access 2. X åƴåų±čåƋĘåĜƋƼűŸųŅĬ屟±Ĭ±ųčåÏŅĹŸƚĵåų±ĹÚ market maker to foster innovation and support innovative companies / entrepreneurs 3. ) ƴ±Ĭƚ±ƋåxÚåƴåĬŅŞxĜĵŞĬåĵåĹƋƋĘåƚŸåŅüüåÚåų±Ĭ Housing and Urban Development’s Section 108 funds to support business lending (revolving loan/ ĵĜÏųŅĀűĹÏåš 4. ŅĹŸĜÚåųƋĘåƚŸåŅüüåÚåų±ĬŅĵĵƚĹĜƋƼ Development Block Grant (CDBG) funding to ÚåƴåĬŅޱųåƴŅĬƴĜĹčĬŅ±ĹxĵĜÏųŅĀűĹÏåŞųŅčų±ĵ 5. ) ĹÏŅƚų±čå±ĹÚŸƚŞŞŅųƋĬŅϱĬåĹƋųåŞųåĹåƚųŸĜĹ tapping into federal funding sources by applying for Small Business Innovation Research (SBIR) grants, Small Business Technology Transfer program (STTR), and other programs available to entrepreneurs B.4 • 8 ƚĹÚŸ±ƴ±ĜĬ±ÆĬåĜĹϱŞĜƋ±Ĭ±ÏÏ域ƋŅŅĬŸ±ĹÚŞåųÏåĹƋŞĬ±ÏåÚƵĜƋĘ companies • 8 ƚĹÚŸų±ĜŸåÚÆƼŸƋ±ųƋěƚŞÏŅĵޱĹĜåŸ Support the development of new and enhanced capital access tools for entrepreneurs and cutting-edge companies INCREASE CAPITAL TO SUPPORT START-UP COMPANIES AND ENTREPRENEURS community prosperity. JURZRXURZQSODFHPDWWHUVWKHFOLPDWHHFRQRP\WKLQNUHJLRQDOO\ B.5 • c åƵÆƚŸĜĹ域üŅųĵ±ƋĜŅĹÆƼĜĹÚƚŸƋųƼxŸåÏƋŅų • ƚŸĜĹ域域ƚŞŞŅųƋåÚÆƼޱųƋĹåųŸŠåţčţØŅÏĩƼaŅƚĹƋ±ĜĹFĹĹŅ- sphere, Galvanize, SBDC, Powerhouse) • I ŅÆŸÏųå±ƋåÚØϱŞĜƋ±Ĭų±ĜŸåÚØŸ±ĬåŸĜĹÏų屟åÚÆƼŸƚŞŞŅųƋåÚÆƚŸĜ- nesses • % ŅĬĬ±ųŸŅüŞƚÆĬĜÏĜĹƴåŸƋĵåĹƋĜĹĜĹüų±ŸƋųƚÏƋƚųå ENHANCE ECONOMIC DIVERSIFICATION BY SUPPORTING INDUSTRY CLUSTERS 1. % ĜýåųåĹƋĜ±ƋåÆåƋƵååĹŸƚŞŞŅųƋŸåųƴĜÏåŸŞųŅƴĜÚåÚ to and focus on emerging, existing, and growth clusters: 2. F ĹÏƚƱƋåűŸÏåĹƋčųŅƚŞŸƋĘųŅƚčĘÏŅŅųÚĜűƋĜŅĹŅü activities, outreach, and information 3. { ųŅƴĜÚå±ÚĵĜĹĜŸƋų±ƋĜƴåŸƚŞŞŅųƋüŅųÏĬƚŸƋåųčųŅƚŞŸ that need less than fulltime support 4. åųƴ屟±ųåŸŅƚųÏåüŅųÏĬƚŸƋåųĵ±Ĺ±čåųŸŅĹÆåŸƋ practices and strategies for cluster development 5. k ųč±ĹĜDŽåĜĹÚƚŸƋųƼěŸŞåÏĜĀÏƋŅƚųŸƋŅĜĹÏų屟åŞųĜƴ±Ƌå sector support for research in Fort Collins Foster collaboration between academia, the ŞųĜƴ±ƋåŸåÏƋŅųØƋĘåŞƚÆĬĜÏŸåÏƋŅųرĹÚĹŅĹěŞųŅĀƋŸƋŅ promote an entrepreneurial culture B.6 • åƋ±ĜĬŸ±ĬåŸāŅƵŸôåĵŞĘ±ŸĜŸŅĹĬŅϱĬƴŸţųåčĜŅűĬŞƚųÏʱŸåŸ • ĜƋĜDŽåĹƚųƴåƼåŸƚĬƋŸ INCREASE AWARENESS OF THE *URZ2XU2ZQ Alignment to the City of Fort Collins Strategic Plan City of Fort Collins Economic Health 1. F ĵŞųŅƴåŞŅĬĜÏĜ埱ĹÚŞųŅčų±ĵƋŅųåƋ±ĜĹØåƻޱĹÚØ incubate, and attract primary employers where consistent with City goals (EH 3.2) 2. ƚŞŞŅųƋƵŅųĩüŅųÏåÚåƴåĬŅŞĵåĹƋ±ĹÚÏŅĵĵƚĹĜƋƼ amenities/initiatives that meet the needs of employers within the City (EH 3.3) 3. F ĵŞųŅƴååýåÏƋĜƴåĹ域ƋĘųŅƚčĘÏŅĬĬ±ÆŅų±ƋĜŅĹƵĜƋĘ economic-health oriented regional partners (EH 3.4) 4. ) ĹÏŅƚų±čåƋĘåÚåƴåĬŅŞĵåĹƋŅüųåĬĜ±ÆĬåØƚĬƋų± high speed internet services throughout the community (EH 3.11) Packet Pg. 175 Attachment: Exhibit A (3221 : Economic Health Strategic Plan Update RESO) ECONOMY ENVIRONMENT SOCIAL • Encouraging entrepreneurship and innovation leads to additional business formation from within the community. New businesses provide new employment opportunities. New ŞųŅÚƚÏƋŸ±ĹÚŸåųƴĜÏåŸÏ±ĹŞųŅƴĜÚåĬŅϱĬÆåĹåĀƋ ŠåŸŞåÏĜ±ĬĬƼĜüüŅÏƚŸåÚŅĹÏŅĵĵƚĹĜƋƼčŅ±ĬŸš±ĹÚ bring new income to the community when they are exported beyond our borders. • Support of local Targeted Industry Clusters ŠÏĬå±Ĺ åĹåųčƼØ Ƶ±Ƌåų ĜĹĹŅƴ±ƋĜŅĹØ ÆĜŅŸÏĜåĹÏåØ ƋåÏĘĹŅĬŅčƼôÏĘĜŞÚåŸĜčĹxåĹƋåųŞųĜŸåŸŅüƋƵ±ųå and local foods) enhance opportunities for new discoveries in climate adaption and preservation. The Internet of Things provides opportunity for disruptive technologies and solutions. • By supporting innovation new opportunities are created for local residents to gain employment or start their own business, leading to greater economic stability. Start-up and small businesses create a large number of new jobs, many of which exist across a broad range of the income and educational spectrums, which can address inequity in the community where there is currently a lack of jobs at a point along the spectrum. Integration of the Triple Bottom Line community prosperity. JURZRXURZQSODFHPDWWHUVWKHFOLPDWHHFRQRP\WKLQNUHJLRQDOO\ 18 Packet Pg. 176 Attachment: Exhibit A (3221 : Economic Health Strategic Plan Update RESO) place matters. City of Fort Collins Economic Health Packet Pg. 177 Attachment: Exhibit A (3221 : Economic Health Strategic Plan Update RESO) Place Matters The City of Fort Collins is committed to maintaining and enhancing its community assets and amenities in recognition of their importance to economic health. These amenities include, but are not limited to: a healthy Poudre River, a world class downtown, an extensive system of trails and parks, preservation of natural areas and open space, award-winning schools, a large research university, and a thriving arts and music scene. These community assets and amenities are invaluable in creating the quality of place that supports a vibrant community and economy. The City’s approach to Economic Health uses a decision-making approach intended to preserve and enhance a vibrant community by optimizing its economy, environment and social values. Achieving this outcome requires balancing the built and natural environment while delivering high quality and comprehensive infrastructure that preserves the City’s sense of place. This theme focuses on the role of the City’s economic health activities in create and protecting high quality places that support a sustainable economy. ĘåčŅ±ĬŸ±ĹÚŸƋų±ƋåčĜåŸÚåŸÏųĜÆåÚĜĹƋĘĜŸŸåÏƋĜŅűųåŸŞåÏĜĀÏƋŅƋĘåĜƋƼűŸ ability to respond to a dynamic economy that has and will continue to shape the urban built environment. These goals and strategies are neither more important nor less important that the City’s commitment to environmental health. Rather, these proposed goals and strategies must be considered in the context of Plan Fort Collins, the Natural Areas Master Plan, the Climate Action Plan, and other similar plans that describe City commitment to promote, protect and enhance a healthy and sustainable environment. Therefore, this plan does not restate nor should it be viewed as replacing the City’s goals, strategies, and achievements related to environmental health. Challenges • ŅŸƋŅüųåÚåƴåĬŅŞĵåĹƋ • X ±ĹÚŸƚŞŞĬƼÏŅĹŸƋų±ĜĹƋŸ • F Ĺüų±ŸƋųƚÏƋƚųåÚåĀÏĜåĹÏĜåŸ • e Ú±ŞƋĜĹčƋŅüƚƋƚųåŞŅŞƚĬ±ƋĜŅĹčųŅƵƋĘ • ĜŸĜĹčĵ±ƋåųĜ±Ĭ±ĹÚĬ±ÆŅųÏŅŸƋŸ • ĜŸĜĹčĬ±ĹÚÏŅŸƋŸ • e čĜĹčÆƚĜĬÚĜĹčĜĹƴåĹƋŅųƼ • X ±ÏĩŅü±ƴ±ĜĬ±ÆĬåĘĜčĘŧƚ±ĬĜƋƼŅþÏå±ĹÚĜĹÚƚŸƋųĜ±ĬŞųŅŞåųƋĜåŸ Our Vision A balanced built and natural environment Our Role Ęå )ÏŅĹŅĵĜÏ Bå±ĬƋĘ kþÏå ŞĬ±ƼŸ ƋĘå üŅĬĬŅƵĜĹč ųŅĬåŸ ųåĬ±ƋĜƴå ƋŅ {Ĭ±Ïå Matters: • { ųåŸåųƴåƋĘåĜƋƼűŸŸåĹŸåŅüŞĬ±ÏåÆƼƵŅųĩĜĹčƋŅĜĵŞĬåĵåĹƋ{Ĭ±Ĺ8ŅųƋ Collins and encouraging strategic public and private investment • ƚŞŞŅųƋĜĹĀĬĬ±ĹÚųåÚåƴåĬŅŞĵåĹƋƋŅĵååƋÏĬĜĵ±Ƌå±ÏƋĜŅĹŸƋų±ƋåčĜ埱ĹÚ other community goals as described in Plan Fort Collins • B åĬŞÆƚŸĜĹ域åŸĹ±ƴĜč±ƋåĜƋƼŞųŅÏ域埊åţčţØÚåƴåĬŅŞĵåĹƋųåƴĜåƵØ licensing, etc.) • ) ĹÏŅƚų±čåƋĘåÏŅĹŸƋųƚÏƋĜŅĹŅüĘĜčĘěŧƚ±ĬĜƋƼĜĹüų±ŸƋųƚÏƋƚųåƋʱƋŸƚŞŞŅųƋŸ business by participating in Capital Improvement Plan development FRPPXQLW\SURVSHULW\JURZRXURZQplace matters.WKHFOLPDWHHFRQRP\WKLQNUHJLRQDOO\ Image Reference - Downtown Fort Collins (“Old Town”) is the vibrant heart and soul of the community. Downtown is anchored by a historic retail and entertainment district, an area of unique and vital businesses located along selected blocks of College Avenue, Old Town Square and the immediate vicinity. 20 Packet Pg. 178 Attachment: Exhibit A (3221 : Economic Health Strategic Plan Update RESO) 1. { ±ųƋĜÏĜޱƋåĜĹÏųŅŸŸěüƚĹÏƋĜŅűĬƋå±ĵŸƋŅåĹÏŅƚų±čå City policies, land use regulations, and other municipal activities that consider the impact on economic and employment activity in the community 2. ŅųĩƵĜƋĘųåŞųåŸåĹƋ±ƋĜƴåŸŅüƋĘåĬŅϱĬÆƚŸĜĹ域±ĹÚ development community to gather input on the ÚåƴåĬŅŞĵåĹƋųåƴĜåƵŞųŅÏ域±ĹÚŸĘ±ųåĀĹÚĜĹčŸ with other City departments with the objective of enhancing the process to ensure the City’s desired outcomes 3. { ƚÆĬĜÏĜDŽåƋĘååƻĜŸƋĜĹčŅƚƋĬĜĹåŅüƋĘåÚåƴåĬŅŞĵåĹƋ process to brokers, developers, and the community-at-large, and enhance the outline where necessary 4. ŅĹƋĜĹƚåƋŅ±ŸŸåŸŸƋĘåĜƋƼűŸųåčƚĬ±ƋŅųƼüų±ĵåƵŅųĩ to ensure it is supportive of desired development, ±ŸÚåĀĹåÚĜĹ{Ĭ±Ĺ8ŅųƋŅĬĬĜĹŸ 5. ) ĹŸƚųåƋʱƋĬ±ĹÚƚŸåŞŅĬĜÏĜåŸåĹÏŅƚų±čåĘĜčĘ density uses and foster high-quality development consistent with Plan Fort Collins Place Matters MAINTAIN CLEAR, PREDICTABLE, C.1 AND TRANSPARENT PROCESSES • åŸŞŅĹŸåƋĜĵåƋŅÆƚŸĜĹ域ĜĹŧƚĜųĜ埱ĹÚĜŸŸƚåŸ Facilitate collaboration among City departmentseds 1. a ±ĜĹƋ±ĜűĹÚåĹʱĹÏåųåĬ±ƋĜŅĹŸĘĜŞŸƵĜƋĘĬ±ĹÚ owners and the development community to ĜĹāƚåĹÏåÚåƴåĬŅŞĵåĹƋƋʱƋĵååƋŸĜƋƼŅÆģåÏƋĜƴåŸ 2. ƋĜĬĜDŽå±ĹåƵĬƼÚåƴåĬŅŞåÚŞųŅÏ域üŅųüŅųĵĜĹč ƚųƱĹųåĹåƵ±Ĭ±ų屟±ĹÚƋ±ƻĜĹÏųåĵåĹƋĀűĹÏĜĹč districts that goes beyond the State requirements 3. F ĵŞųŅƴå±ĹÚĵ±ĜĹƋ±ĜĹƋĘå8ŅųƋŅĬĬĜĹŸųÆ±Ĺ Renewal Authority’s relationship with underlying taxing entities, including Larimer County, Poudre School District, and others 4. ƋĜĬĜDŽåƋĘå8ŅųƋŅĬĬĜĹŸųƱĹåĹåƵ±ĬeƚƋĘŅųĜƋƼØ ŸŞåÏĜ±ĬĀűĹÏĜĹčÚĜŸƋųĜÏƋŸØ±ĹÚŅƋĘåųĵåÏʱĹĜŸĵŸ to encourage implementation of the City’s vision for each targeted redevelopment area, including infrastructure improvements LEVERAGE INFILL AND REDEVELOPMENT THAT MEETS MULTIPLE COMMUNITY C.2 OBJECTIVES • ±ƋĜŅŅüŞƚÆĬĜÏƋŅŞųĜƴ±ƋåĜĹƴåŸƋĵåĹƋĜĹŞ±ųƋĹåųŸĘĜŞŸ Xåƴåų±čåŞųĜƴ±ƋåĜĹƴåŸƋĵåĹƋĜĹƋ±ųčåƋåÚĜĹĀĬĬ±ĹÚ redevelopment areasds 1. ƋĜĬĜDŽå±ĹåƵĬƼÚåƴåĬŅŞåÚŞųŅÏ域üŅųüŅųĵĜĹč ƚųƱĹųåĹåƵ±Ĭ±ų屟±ĹÚƋ±ƻĜĹÏųåĵåĹƋĀűĹÏĜĹč ÚĜŸƋųĜÏƋŸƋʱƋčŅåŸÆåƼŅĹÚƋĘåƋ±ƋåųåŧƚĜųåĵåĹƋŸô prioritize redevelopment projects that include a mix of compatible land uses 2. { ±ųƋĜÏĜޱƋåĜĹÏųŅŸŸěüƚĹÏƋĜŅűĬƋå±ĵŸƋŅåĹŸƚųå policies, land use regulations, capital investment, and other activities support the desired ÚåƴåĬŅŞĵåĹƋޱƋƋåųűŸÚåĀĹåÚĜĹ{Ĭ±Ĺ8ŅųƋŅĬĬĜĹŸ 3. ŅĵŞĬåƋå±Ĭ±ĹÚųå±ÚĜĹ域±Ĺ±ĬƼŸĜŸŅüåƻĜŸƋĜĹčŅþÏå and industrial vacant land to understand the supply 1. ƋĜĬĜDŽå±ĹåƵĬƼÚåƴåĬŅŞåÚŞųŅÏ域üŅųüŅųĵĜĹč ƚųƱĹųåĹåƵ±Ĭ±ų屟±ĹÚƋ±ƻĜĹÏųåĵåĹƋĀűĹÏĜĹč districts that goes beyond the State requirements 2. { ±ųƋĜÏĜޱƋåĜĹÏŅĵŞųåĘåĹŸĜƴåŞĬ±ĹĹĜĹčØŸƚƱųå± planning, and capital projects planning and ŞųĜŅųĜƋĜDŽ±ƋĜŅĹƋŅåĹŸƚųåŞĬ±ĹŸ±ÚÚų域ĜÚåĹƋĜĀåÚ ĜĹüų±ŸƋųƚÏƋƚųåÚåĀÏĜåĹÏĜ埱ĹÚ{Ĭ±Ĺ8ŅųƋŅĬĬĜĹŸ objectives 3. { ųŅĵŅƋå±ųƋŸ±ĹÚÏƚĬƋƚųå±ÏƋĜƴĜƋĜåŸƋʱƋ±ƋƋų±ÏƋ entrepreneurs and an educated workforce (e.g., partner in the development of a Creative District, as ÚåĀĹåÚÆƼƋĘåƋ±ƋåŅüŅĬŅų±ÚŅš 4. ŅĹƋĜĹƚåƋŅޱųƋĜÏĜޱƋåĜĹŞƚÆĬĜÏěŞųĜƴ±Ƌå Ş±ųƋĹåųŸĘĜŞŸƋʱƋü±ÏĜĬĜƋ±ƋåŸĜčĹĜĀϱĹƋĜĹüų±ŸƋųƚÏƋƚųå improvements and quality redevelopment projects 5. ) ĹÏŅƚų±čåƋĘåÚåŸĜčűĹÚÏŅĹŸƋųƚÏƋĜŅĹŅü aesthetically pleasing entryways into the community 6. ) ĹÏŅƚų±čåƋĘåŸƚŞŞŅųƋ±ĹÚĵ±ĜĹƋåűĹÏåŅüƋĘå8ŅųƋ Collins Loveland Airport as an amenity to the local economy and residents C.4 • % ŅĬĬ±ųŸŅüŞƚÆĬĜÏĜĹƴåŸƋĵåĹƋĜĹĜĹüų±ŸƋųƚÏƋƚųå • { ųĜƴ±ƋåŸåÏƋŅųĜĹƴåŸƋĵåĹƋĜĹĩåƼųåÚåƴåĬŅŞĵåĹƋ±ų屟 Encourage the development of vibrant business districts, commercial nodes and commercial corridors through strategic public infrastructure investment INVEST IN PUBLIC INFRASTRUCTURE UPGRADES THAT SUPPORT PLAN FORT COLLINS IMPLEMENTATION C.5 • ĜŸĜƋ±ƋĜŅĹĹƚĵÆåųŸƋŅÚŅƵĹƋŅƵűĹÚŸŞåÏĜ±ĬåƴåĹƋŸ • ĜƋĜDŽåĹŸƚųƴåƼųåŸƚĬƋŸ ENCOURAGE A CULTURE AND ECONOMY UNIQUE TO FORT COLLINS AND CONSISTENT WITH COMMUNITY VALUES FRPPXQLW\SURVSHULW\JURZRXURZQ place matters.WKHFOLPDWHHFRQRP\WKLQNUHJLRQDOO\ å±ĹåƵĬƼÚåƴåĬŅŞåÚŞųŅÏ域üŅųüŅųĵĜĹč ųåĹåƵ±Ĭ±ų屟±ĹÚƋ±ƻĜĹÏųåĵåĹƋĀűĹÏĜĹč ts that goes beyond the State requirements ޱƋåĜĹÏŅĵŞųåĘåĹŸĜƴåŞĬ±ĹĹĜĹčØŸƚƱųå± ng, and capital projects planning and ĜDŽ±ƋĜŅĹƋŅåĹŸƚųåŞĬ±ĹŸ±ÚÚų域ĜÚåĹƋĜĀåÚ ƋųƚÏƋƚųåÚåĀÏĜåĹÏĜ埱ĹÚ{Ĭ±Ĺ8ŅųƋŅĬĬĜĹŸ tives ŅƋå±ųƋŸ±ĹÚÏƚĬƋƚųå±ÏƋĜƴĜƋĜåŸƋʱƋ±ƋƋų±ÏƋ preneurs and an educated workforce (e.g., er in the development of a Creative District, as åÚÆƼƋĘåƋ±ƋåŅüŅĬŅų±ÚŅš ĹƚåƋŅޱųƋĜÏĜޱƋåĜĹŞƚÆĬĜÏěŞųĜƴ±Ƌå åųŸĘĜŞŸƋʱƋü±ÏĜĬĜƋ±ƋåŸĜčĹĜĀϱĹƋĜĹüų±ŸƋųƚÏƋƚųå vements and quality redevelopment projects ƚų±čåƋĘåÚåŸĜčűĹÚÏŅĹŸƋųƚÏƋĜŅĹŅü etically pleasing entryways into the munity ƚų±čåƋĘåŸƚŞŞŅųƋ±ĹÚĵ±ĜĹƋåűĹÏåŅüƋĘå8ŅųƋ s Loveland Airport as an amenity to the local omy and residents Place Matters Alignment to the City of Fort Collins Strategic Plan City of Fort Collins Economic Health 1. Support workforce development and community amenities/initiatives that meet the needs of employers within the city (EH 3.3) 2. ƚŞŞŅųƋŸƚŸƋ±ĜűÆĬåĜĹĀĬĬ±ĹÚųåÚåƴåĬŅŞĵåĹƋƋŅ meet climate action strategies (EH 3.7) 3. Preserve the City’s sense of place (EH 3.9) 4. {ųŅƴĜÚåƋų±ĹŸŞ±ųåĹƋØŞųåÚĜÏƋ±ÆĬå±ĹÚåþÏĜåĹƋ processes for citizens and business interacting with the City (EH 3.9) 5. ) ĹÏŅƚų±čåƋĘåÚåƴåĬŅŞĵåĹƋŅüųåĬĜ±ÆĬåØƚĬƋų± high speed internet services throughout the community (EH 3.11) Packet Pg. 181 Attachment: Exhibit A (3221 : Economic Health Strategic Plan Update RESO) ECONOMY ENVIRONMENT SOCIAL • Clear, predictable and transparent processes enable the community to obtain its objectives and reduce the time for businesses to clear ųåčƚĬ±ƋŅųƼ ĘƚųÚĬåŸţ FĹĀĬĬ ±ĹÚ ųåÚåƴåĬŅŞĵåĹƋ ±ÚÚų域 ĜĹüų±ŸƋųƚÏƋƚųå ÚåĀÏĜåĹÏĜåŸ ƋʱƋ ĵ±Ƽ negatively impact land values and the economy. Supporting the local craft beer industry and food producing economy has a cultural impact that attracts talent, increasing the available workforce for local employers. Balancing land use ensures the preservation of vacant land for all uses, including employment. • Redevelopment can enable higher and better use of existing land, maximizing the community’s output without needing to consume additional raw land. In addition, redevelopment replaces old structures with new buildings that meet a higher standard leading to energy and water åþÏĜåĹÏĜ埊ĜţåţØƋĘååĹåųčƼŸƋ±ųųåŧƚĜųåĵåĹƋüŅų ųƱĹåĹåƵ±ĬeƚƋĘŅųĜƋƼŞųŅģåÏƋŸšţƼüŅÏƚŸĜĹč on balancing land uses resources may be protected that might otherwise not. • ±ųčåƋåÚ ĜĹĀĬĬ ±ĹÚ ųåÚåƴåĬŅŞĵåĹƋ ±ýåÏƋŸ neighborhoods potentially in both positive and negative ways and provides opportunities to create new districts and neighborhoods. Enhancing the arts and culture sector through the evaluation of a Creative District in the Old Town supports the community’s culture. Supporting the local craft beer industry and food producing economy has a cultural impact ƋʱƋ ±ƋƋų±ÏƋŸ Ƌ±ĬåĹƋţ FĹĀĬĬ ±ĹÚ ųåÚåƴåĬŅŞĵåĹƋ ƋŅŅĬŸ ŠåţčţØ ±ƻ FĹÏųåĵåĹƋ 8ĜűĹÏĜĹčš Ï±Ĺ Æå ƚŸåÚƋŅ±ÏĘĜåƴå±ýŅųÚ±ÆĬåĘŅƚŸĜĹč±ĹÚÏĬĜĵ±Ƌå action goals. Integration of the Triple Bottom Line FRPPXQLW\SURVSHULW\JURZRXURZQplace matters.WKHFOLPDWHHFRQRP\WKLQNUHJLRQDOO\ 24 Packet Pg. 182 Attachment: Exhibit A (3221 : Economic Health Strategic Plan Update RESO) the climate economy. City of Fort Collins Economic Health Packet Pg. 183 Attachment: Exhibit A (3221 : Economic Health Strategic Plan Update RESO) The Climate Economy The reality of climate change has begun to be recognized by businesses across the nation. As a result, businesses are evaluating numerous conditions that may impact their ability to operate in the near- and long-term. These conditions present challenges that will require adaptation and opportunities to develop new technologies, approaches and expertise. Both adaptation and innovation will be key aspects of creating community resiliency in the face of this outside force. The focus of this theme is embracing the current changes and navigating future changes to create new economic opportunity. Challenges • ʱĹčĜĹčåĹƴĜųŅĹĵåĹƋ±ĬÏŅĹÚĜƋĜŅĹŸ • ĜŸĜĹčƚƋĜĬĜƋƼÏŅŸƋŸ • ĜŸĜĹčÏŅĵĵŅÚĜƋƼŞųĜÏåŸ • ƚŞŞĬƼÏʱĜĹĜĵޱÏƋŸŠåţčţØ8ƚĩƚŸĘĜĵ±¼ŅƼŅƋ±š • % ĜŸŞĬ±ÏåĵåĹƋ • ĜŸĜĹčƋåĵŞåų±ƋƚųåŸ • ŅŸƋŸŅüϱųÆŅĹüŅŅƋŞųĜĹƋųåÚƚÏƋĜŅĹ • F ĵޱÏƋŅü±Ï±ųÆŅĹƋ±ƻŅųŸĜĵĜĬ±ųųåčƚĬ±ƋĜŅĹ • F ĵޱÏƋŸŅĹÏĬå±Ĺ±Ĝų±ĹÚƵ±Ƌåųŧƚ±ĬĜƋƼ Our Vision Businesses adapt to climate change by staying in our community and leverage community carbon reduction goals to develop new products and services Our Role Ęå)ÏŅĹŅĵĜÏBå±ĬƋĘkþÏåŞĬ±ƼŸƋĘåüŅĬĬŅƵĜĹčųŅĬåŸųåĬ±ƋĜƴåƋŅĘåĬĜĵ±Ƌå Economy: • e ĜÚŞųĜƴ±ƋåÆƚŸĜĹ域åŸĜűÏĘĜåƴĜĹčϱųÆŅĹųåÚƚÏƋĜŅĹÏŅĹŸĜŸƋåĹƋƵĜƋĘ community goals and addressing the impacts from climate change (e.g., ClimateWise Program) • ) ĹŸƚųåƋʱƋƋĘåÆƚŸĜĹ域ÏŅĵĵƚĹĜƋƼĜŸ±üƚĬĬޱųƋĹåųĜĹĜÚåĹƋĜüƼĜĹčųŅĬ埱ĹÚ challenges created by climate change, particularly with regard to utility, climate adaptation, and carbon reduction policies and regulations • Aid businesses in leveraging the challenges of climate change and carbon reduction into economic opportunities • Work with partners to develop and attract expertise to the community that addresses impacts to the business community from climate change and carbon reduction FRPPXQLW\SURVSHULW\JURZRXURZQSODFHPDWWHUVthe climate economy.WKLQNUHJLRQDOO\ Fĵ±čååüåųåĹÏåô8ŅųƋŅĬĬĜĹŸƋĜĬĜƋĜåŸĜĹƖLjŎƐĬ±ƚĹÏĘåÚƵʱƋƵ±ŸƋĘåĹŅĬŅų±ÚŅűŸ ĀųŸƋXåƴåĬƐx%ŧƚĜÏĩÏʱųčååĬåÏƋųĜÏƴåĘĜÏĬåŠ)šÏʱųčĜĹčŸƋ±ƋĜŅűƋƋĘå8ŅųƋŅĬĬĜĹŸ Museum of Discovery. The station uses the newest advanced technology and can charge an EV in minutes—instead of hours. 26 Packet Pg. 184 Attachment: Exhibit A (3221 : Economic Health Strategic Plan Update RESO) 1. ƚŞŞŅųƋƋų±ĜĹĜĹčÆƼųåčĜŅűĬåÚƚϱƋĜŅűĬĜĹŸƋĜƋƚƋĜŅĹŸ (e.g., CSU, etc.), such as seminars, lectures and classes, that identify and address impacts to businesses from climate change 2. { ±ųƋĜÏĜޱƋå±ĹÚŸƚŞŞŅųƋƋĘåųåěƋŅŅĬĜĹčŅü ClimateWise to encourage greater awareness and action by businesses 3. ŅĬĬ±ÆŅų±ƋåƵĜƋĘƋĜĬĜƋĜåŸƋŅųåĀĹåĜĹÏåĹƋĜƴåŸ and rebates that encourage additional private ĜĹƴåŸƋĵåĹƋĜĹϱųÆŅĹųåÚƚÏƋĜŅĹåýŅųƋŸ 4. ŅųĩƵĜƋĘƋĘå8ųŅĹƋ±ĹčåƼě{ųŅÚƚÏƋŸƼĹåųčƼ Network and other partnership/collaboration to encourage industrial symbiosis to further reduce and recycle industrial waste products The Climate Economy INCREASE THE UNDERSTANDING OF BARRIERS AND OPPORTUNITIES PRESENTED BY CLIMATE CHANGE D.1 IN THE BUSINESS COMMUNITY • { ųĜƴ±ƋåĜĹƴåŸƋĵåĹƋĜĹåĹåųčƼÏŅĹŸåųƴ±ƋĜŅűĹÚϱųÆŅĹųåÚƚÏƋĜŅĹ åýŅųƋŸ • { ųĜƴ±ƋåĜĹƴåŸƋĵåĹƋĜĹÏĬå±Ĺ±Ĝų±ĹÚƵ±Ƌåųŧƚ±ĬĜƋƼĜĹüų±ŸƋųƚÏƋƚųåx improvements Aid businesses in understanding climate change impacts and carbon reduction opportunitieseds 1. eŸŸĜčĹ)BkƋ±ýƋŅĬĜ±ĜŸŅĹƵĜƋĘƋĜĬĜƋĜ埱ĹÚ )ĹƴĜųŅĹĵåĹƋ±ĬåųƴĜÏåŸěŸŞåÏĜĀϱĬĬƼĬĜĵ±ƋåĜŸå and the Climate Action Plan 2. Articulate the business case for adapting to climate change and aid in communicating community carbon reduction goals to the business community 3. { ±ųƋĜÏĜޱƋåĜĹÏųŅŸŸěüƚĹÏƋĜŅűĬƋå±ĵŸƋŅåĹŸƚųå policies, land use regulations, capital investment, and other activities that consider the role of and ĜĵޱÏƋƋŅÆƚŸĜĹ域ŅüĜƋƼϱųÆŅĹųåÚƚÏƋĜŅĹåýŅųƋŸ 4. ŅųĩƵĜƋĘƋĘå8ųŅĹƋ±ĹčåƼě{ųŅÚƚÏƋŸƼĹåųčƼ Network and other partnership/collaboration to encourage industrial symbiosis to further reduce and recycle industrial waste products 5. % åƴåĬŅޱĹÚxŅųĘĜųåĜĹƋåųűĬåƻŞåųƋĜŸåŅĹÆƚŸĜĹ域ě ųåĬ±ƋåÚÏĬĜĵ±Ƌå±Ú±ŞƋ±ƋĜŅűĹÚĀűĹÏĜĹčϱųÆŅĹ ųåÚƚÏƋĜŅĹåýŅųƋŸ ENGAGE THE BUSINESS COMMUNITY IN CARBON D.2 REDUCTION EFFORTS • c ƚĵÆåųŅüÆƚŸĜĹåŸŸåŸŞ±ųƋĜÏĜޱƋĜĹčĜĹĬĜĵ±ƋåĜŸåØŅƋĘåųϱųÆŅĹ reduction goals, and campaigns • { ųĜƴ±ƋåĜĹƴåŸƋĵåĹƋĜĹåĹåųčƼÏŅĹŸåųƴ±ƋĜŅűĹÚϱųÆŅĹųåÚƚÏƋĜŅĹ åýŅųƋŸ • c ƚĵÆåųŅüģŅÆŸÏųå±ƋåÚĜĹĹåƵƵ±ŸƋåųåÚƚÏƋĜŅűĹÚųåÏƼÏĬĜĹč services and infrastructure Collaborate with other City departments to increase business participation in carbon reductions 1. a ±ĜĹƋ±ĜĹŞ±ųƋĹåųŸĘĜŞŸƵĜƋĘ8ŅųƋŅĬĬĜĹŸ¬åųŅ)ĹåųčƼ %ĜŸƋųĜÏƋŠ8ŅųƋ¬)%šØŅĬŅų±ÚŅĬå±Ĺ)ĹåųčƼĬƚŸƋåų (CCEC), Colorado Water Innovation Cluster (CWIC), and other local entities working on innovation related to energy and water 2. ) ĹʱĹÏåÏŅĬĬ±ÆŅų±ƋĜŅĹƵĜƋĘųåĬ±ƋåÚƋŅåĹåųčƼØ 1. a ±ĜĹƋ±ĜűĹÚåĹʱĹÏåųåĬ±ƋĜŅĹŸĘĜŞŸƵĜƋĘĬ±ĹÚ owners and the development community to meet City objectives 2. ƋĜĬĜDŽåƋĘå8ŅųƋŅĬĬĜĹŸųƱĹåĹåƵ±ĬeƚƋĘŅųĜƋƼØ ŸŞåÏĜ±ĬĀűĹÏĜĹčÚĜŸƋųĜÏƋŸØ±ĹÚŅƋĘåųĵåÏʱĹĜŸĵŸ to encourage implementation of the City’s vision for each targeted redevelopment area, including infrastructure improvements and quality redevelopment projects D.4 • ±ƋĜŅŅüŞƚÆĬĜÏƋŅŞųĜƴ±ƋåĜĹƴåŸƋĵåĹƋ ƚŞŞŅųƋųåÚåƴåĬŅŞĵåĹƋ±ĹÚĜĹĀĬĬÚåƴåĬŅŞĵåĹƋ to maintain and enhance a compact urban form while reducing environmental impacts ENCOURAGE INFILL AND REDEVELOPMENT THAT MEETS MULTIPLE COMMUNITY OBJECTIVES, SPECIFICALLY CLIMATE ACTION GOALS FRPPXQLW\SURVSHULW\JURZRXURZQ place matters. the climate economy.WKLQNUHJLRQDOO\ 28 Packet Pg. 186 Attachment: Exhibit A (3221 : Economic Health Strategic Plan Update RESO) City of Fort Collins Economic Health The Climate Economy Alignment to the City of Fort Collins Strategic Plan City of Fort Collins Economic Health 1. ƚŞŞŅųƋƵŅųĩüŅųÏåÚåƴåĬŅŞĵåĹƋ±ĹÚÏŅĵĵƚĹĜƋƼ amenities/initiatives that meet the needs of employers within the city (EH 3.3) 2. ƚŞŞŅųƋŸƚŸƋ±ĜűÆĬåĜĹĀĬĬ±ĹÚųåÚåƴåĬŅŞĵåĹƋƋŅ meet climate action strategies (EH 3.7) 3. % åĵŅĹŸƋų±ƋåŞųŅčų域ƋŅƵ±ųÚ±ÏĘĜåƴĜĹčĹåƋ zero energy within the community and the City organization using a systems approach (ENV 4.5) 4. ) Ĺč±čåÏĜƋĜDŽåĹŸĜĹƵ±ƼŸƋŅåÚƚϱƋå±ĹÚÏʱĹčå behavior toward more sustainable living practices (ENV 4.6) 5. F ĹÏų屟åƋĘåÏŅĵĵƚĹĜƋƼűŸųåŸĜĬĜåĹÏƼ±ĹÚ preparedness for changes in climate, weather and resource availability (ENV 4.7) 6. % åĵŅĹŸƋų±ƋåŞųŅčų域ƋŅƵ±ųÚ±ÏĘĜåƴĜĹčDŽåųŅ waste within the community and the City organization (ENV 4.11) Photo courtesy of New Belgium Brewing Company. Packet Pg. 187 Attachment: Exhibit A (3221 : Economic Health Strategic Plan Update RESO) 30 ECONOMY ENVIRONMENT SOCIAL • Aiding businesses in responding to climate change enhances enhances their ability to be successful over the long-term. Encouraging businesses to invest in energy and water åþÏĜåĹÏƼ ųåÚƚÏåŸ ƋĘåĜų ϱųÆŅĹ üŅŅƋŞųĜĹƋ ±ĹÚ on-going operational costs. Encouraging innovation to address climate change, water conservation, and other objectives can lead to new products and services which have large potential market opportunities. Exporting these new products and services will attract additional income to the community. • By engaging the business community to invest ĜĹϱųÆŅĹųåÚƚÏƋĜŅĹåýŅųƋŸƋĘåŞĬ±ĹŸƚŞŞŅųƋƋĘå community’s greenhouse gas emission goals. By supporting the targeted industry clusters ŠÏĬå±Ĺ åĹåųčƼØ Ƶ±Ƌåų ĜĹĹŅƴ±ƋĜŅĹØ ÆĜŅŸÏĜåĹÏåØ ƋåÏĘĹŅĬŅčƼôÏĘĜŞÚåŸĜčĹxåĹƋåųŞųĜŸåŸŅüƋƵ±ųå and local foods) the City enhances the opportunities for new discoveries in climate adaption, carbon reduction, and preservation. • By helping businesses prepare for disruptive events and long-term climate change the businesses become more sustainable. Sustainable businesses are less likely to be disrupted by events and therefore less likely to reduce workforce, adding to an individual’s ability to meet basic needs and enhance overall community resiliency. Integration of the Triple Bottom Line FRPPXQLW\SURVSHULW\JURZRXURZQSODFHPDWWHUVthe climate economy. WKLQNUHJLRQDOO\ Packet Pg. 188 Attachment: Exhibit A (3221 : Economic Health Strategic Plan Update RESO) WKLQN UHJLRQDOO\ City of Fort Collins Economic Health Packet Pg. 189 Attachment: Exhibit A (3221 : Economic Health Strategic Plan Update RESO) Think Regionally Enhancing community resiliency has limitations when a single municipality acts alone. Collaboration with regional partners that crosses municipal boundaries creates greater community resiliency. A number of current conditions and challenges do not respect municipal boundaries, including ĘŅƚŸĜĹč ±ýŅųÚ±ÆĜĬĜƋƼØ ÏĬĜĵ±Ƌå ±Ú±ŞƋ±ƋĜŅĹØ ÚĜŸ±ŸƋåų ųåŸŞŅĹŸåØ ƋŅƚųĜŸĵx visitation opportunities and impacts, and natural resource conservation. This theme focuses on leveraging collaboration and partnerships within our community and region to address these economic issues. Challenges • % ĜŸŞ±ųĜƋƼĜĹƋĘåŸĘ±ųåŅüåÏŅĹŅĵĜÏÆåĹåĀƋŸųåčĜŅűĬĬƼ • F ĹÏų屟åÚÏŅĵŞåƋĜƋĜŅĹüŅųåÏŅĹŅĵĜϱÏƋĜƴĜƋƼ • F ĹÏų屟ĜĹčĹƚĵÆåųŅüųåčĜŅűĬĜŸŸƚåŸ× Ņ BŅƚŸĜĹč±ýŅųÚ±ÆĜĬĜƋƼ o Climate resiliency o Disaster response o Tourism/visitation Impacts o Natural resource conservation (e.g. water, land, etc.) o Transportation and transit Our Vision A region that partners to address economic issues which extend beyond municipal boundaries Our Role Ęå )ÏŅĹŅĵĜÏ Bå±ĬƋĘ kþÏå ŞĬ±ƼŸ ƋĘå üŅĬĬŅƵĜĹč ųŅĬåŸ ųåĬ±ƋĜƴå ƋŅ ĘĜĹĩ Regionally: • % åƴåĬŅŞŸƋųŅĹčųåĬ±ƋĜŅĹŸĘĜŞŸƵĜƋĘŅƚųÏŅƚĹƋåųޱųƋŸĜĹƋĘåųåčĜŅĹØĜĹÏĬƚÚĜĹč Larimer County • ƚŞŞŅųƋĬŅϱĬĬå±ÚåųŸĘĜŞĜĹåĹč±čĜĹčĹåĜčĘÆŅųĜĹčÏŅĵĵƚĹĜƋĜåŸ • ƚŞŞŅųƋ±ĹÚÚåƴåĬŅŞųåčĜŅűĬŸåÏƋŅųĜĹĜƋĜ±ƋĜƴåŸ • F ÚåĹƋĜüƼ±ĹÚĵ±ųĩåƋŸƚŞŞĬƼÏʱĜĹŅŞŞŅųƋƚĹĜƋĜåŸüŅųƋĘåųåčĜŅĹ FRPPXQLW\SURVSHULW\JURZRXURZQSODFHPDWWHUVWKHFOLPDWHHFRQRP\WKLQNUHJLRQDOO\ Fĵ±čååüåųåĹÏåôae£Ø±ƚŸ±ŞĜÚų±ĹŸĜƋü±ÏĜĬĜƋƼØŅŞåĹåÚĜĹƖLjŎĉ±ĹÚŞųŅƴĜÚåŸ ĘĜčĘěüųåŧƚåĹÏƼƋų±ĹŸĜƋŸåųƴĜÏå±ĬŅĹčƋĘåĹŅųƋĘěŸŅƚƋĘŸŞĜĹåŅüƋĘåÏŅĵĵƚĹĜƋƼţae£ represents a forward-looking view of Northern Colorado where transit provides access throughout the region. 32 Packet Pg. 190 Attachment: Exhibit A (3221 : Economic Health Strategic Plan Update RESO) 1. ŅĹƋĜĹƚåƋŅÚåƴåĬŅŞƋĘåeÚƴ±ĹÏåÚa±Ĺƚü±ÏƋƚųĜĹčØ Healthcare, Energy, and Creative Industry sectors ƵĜƋĘĜĹåčĜŅĹƖôX±ųĜĵåų±ĹÚåĬÚŅƚĹƋĜåŸôĜĹ ÏŅĬĬ±ÆŅų±ƋĜŅĹƵĜƋĘƋĘåƋ±ƋåűŸkþÏåŅü)ÏŅĹŅĵĜÏ Development and International Trade (OEDIT) 2. Collaborate with partners to have one voice on ųåčĜŅűĬĜŸŸƚ埊åţčţØĘŅƚŸĜĹč±ýŅųÚ±ÆĜĬĜƋƼØÏĬĜĵ±Ƌå resiliency, disaster response, tourism/visitation Impacts, natural resource conservation, and transportation and transit), with OEDIT and other state and federal partners 3. % ĜŸÏƚŸŸ±ĹÚ±ÚÚų域ųåčĜŅűĬåÏŅĹŅĵĜÏĜŸŸƚåŸƵĜƋĘ partners and explore opportunities to align local policies with regional priorities and vice versa 4. % åƴåĬŅޱŞĬ±ĹƋŅųåŸŞŅĹÚų±ŞĜÚĬƼƋŅÚĜŸ±ŸƋåųŸƋʱƋ ±ýåÏƋƋĘåųåčĜŅĹÆƼƵŅųĩĜĹčƵĜƋĘųåčĜŅűĬޱųƋĹåųŸ to develop a response that emphasizes rapid economic recovery and preventing disasters from having similar impacts 7KLQN5HJLRQDOO\ ENHANCE COORDINATION ON E.1 REGIONAL ECONOMIC ISSUES • Attendance and participation in meetings and planning by region- al partners and stakeholders • ) ÏŅĹŅĵĜÏĜĵޱÏƋŅüűƋƚų±ĬÚĜŸ±ŸƋåųŸ • ƚŸĜĹ域ĜĹƋåųųƚŞƋĜŅűĹÚÚåĬ±ƼÚƚåƋŅÚĜŸ±ŸƋåųŸ • ƚŸĜĹ域ÏĬŅŸƚų埱Ÿ±ųåŸƚĬƋŅüÚĜŸ±ŸƋåųŸ Strengthen systems for regional collaboration 1. ŅųĩÏŅĬĬ±ÆŅų±ƋĜƴåĬƼƵĜƋĘŞ±ųƋĹåųŸƋŅĜÚåĹƋĜüƼ regional assets and priority projects (e.g., Fort Collins-Loveland Airport, Interstate 25 widening, Rocky Mountain Innosphere, Rocky Mountain National Park) and develop collaborative approaches to maintain and enhance the assets 2. { ±ųƋĜÏĜޱƋåĜĹƋĘåÚåƴåĬŅŞĵåĹƋŅüåÏŅĹŅĵĜÏĘå±ĬƋĘ strategies by regional partners (e.g., Larimer County Economic Development Plan, re-tooling of Northern Colorado Economic Development Corporation) 3. ŅĬĬ±ÆŅų±ƋåƵĜƋĘųåčĜŅűĬޱųƋĹåųŸƋŅƚĹÚåųŸƋ±ĹÚ short-, mid-, and long-term trends impacting the region’s economy ENHANCE REGIONAL ASSETS E.2 THROUGH COLLABORATION • ŞåÏĜĀÏĵĜĬåŸƋŅĹ埱ĹÚÚåĬĜƴåų±ÆĬåŸ Work with regional partners to identify regional assets and develop strategies to maintain and enhance these assets 1. F ÚåĹƋĜüƼ±ĹÚų±ĜŸå±Ƶ±ųåĹ域ŅücŅųƋĘåųĹŅĬŅų±ÚŅűŸ regional strengths within the state of Colorado and nationally by working with our regional partners 2. ŅĬĬ±ÆŅų±ƋåƵĜƋĘcŅųƋĘåųĹŅĬŅų±ÚŅåÚƚϱƋĜŅĹ institutions (e.g., Colorado State University, Front Range Community College, Poudre School District, etc.) 3. % åƴåĬŅޱųåčĜŅűĬåÏŅĹŅĵĜÏŸƋŅųƼĜĹŞ±ųƋĹåųŸĘĜŞ with neighboring communities that provides consistent terminology , target industries, and an overall strategy for Northern Colorado 4. ƚŞŞŅųƋÆųŅ±ÚƱĹÚĜĹĜƋĜ±ƋĜƴåŸĜĹcŅųƋĘåųĹŅĬŅų±ÚŅ PARTNER TO POSITION FRPPXQLW\SURVSHULW\JURZRXURZQ place matters. the climate economy. WKLQNUHJLRQDOO\ 34 Packet Pg. 192 Attachment: Exhibit A (3221 : Economic Health Strategic Plan Update RESO) 7KLQN5HJLRQDOO\ Alignment to the City of Fort Collins Strategic Plan City of Fort Collins Economic Health 1. F ĵŞųŅƴåŞŅĬĜÏĜ埱ĹÚŞųŅčų±ĵŸƋŅųåƋ±ĜĹØåƻޱĹÚØ incubate and attract primary employers where consistent with City goals (EH 3.2) 2. F ĵŞųŅƴååýåÏƋĜƴåĹ域ƋĘųŅƚčĘÏŅĬĬ±ÆŅų±ƋĜŅĹƵĜƋĘ economic-health oriented regional partners (EH 3.4) 3. F ĹÏų屟åƋĘåÏŅĵĵƚĹĜƋƼűŸųåŸĜĬĜåĹÏƼ±ĹÚ preparedness for changes in climate, weather and resource availability (ENV 4.7) 4. ųå±Ƌå±ĹÚĜĵŞĬåĵåĹƋĬŅĹčěƋåųĵƋų±ĹŸŞŅųƋ±ƋĜŅĹ planning and help local and regional transportation networks operate at a high level of åþÏĜåĹÏƼØĜĹÏĬƚÚĜĹčƋĘå±ĜųŞŅųƋŠecƅţĂš Packet Pg. 193 Attachment: Exhibit A (3221 : Economic Health Strategic Plan Update RESO) ECONOMY ENVIRONMENT SOCIAL • The economy does not respect jurisdictional boundaries; working with regional partners ĜĹÏųå±ŸåŸ ƋĘå åýåÏƋĜƴåĹ域 Ņü ĬŅϱĬ åýŅųƋŸţ Developing a regional story enhances the ability of individual communities to gain notice of outside funding sources, talent, and businesses. Maintaining and enhancing regional assets can support business needs and strengthen the local economy. • A regional by-products synergy network enables the waste from one industry to be reused by another industry, avoiding the need to consume additional raw materials. A regional strategy to ±ÚÚų域ĩåƼĜŸŸƚåŸƵĜĬĬĬå±ÚƋŅčųå±ƋåųåþϱÏƼ ŅüåýŅųƋŸŠåţčţØųåčĜŅűĬåĹåųčƼåþÏĜåĹÏƼåýŅųƋŸ reduce a greater amount of greenhouse gas emissions). • Working with county-wide and regional partners strengthens collaboration and has the potential to align vision and purpose. Enhanced collaboration provides a foundation to address ÚĜŸųƚŞƋĜƴå åƴåĹƋŸ ŠåţčţØ Ĺ±Ƌƚų±Ĭ ÚĜŸ±ŸƋåųŸØ ĀűĹÏĜ±ĬÚŅƵĹƋƚųĹŸØåƋÏţšţ Integration of the Triple Bottom Line FRPPXQLW\SURVSHULW\JURZRXURZQSODFHPDWWHUVWKHFOLPDWHHFRQRP\WKLQNUHJLRQDOO\ 36 Packet Pg. 194 Attachment: Exhibit A (3221 : Economic Health Strategic Plan Update RESO) City of Fort Collins Economic Health Implementation The Economic Health Strategic Plan (EHSP) is an ambitious plan that builds upon the 2005 Economic Action Plan, the Plan Fort Collins comprehensive plan, and the 2012 Economic Health Strategic Plan. Though ambitious, the objectives and strategies laid out in this plan are realistic and manageable. In keeping with the broader goals of the community, they also have the ability to be transformative. For this to occur, the City must embrace an organizational structure that will strengthen its capacity for economic initiatives, track its progress towards implementation, and monitor its strategies. Organizational Structure Ęå)ÏŅĹŅĵĜÏBå±ĬƋĘkþÏåŠ)BkšØÏʱųčåÚƵĜƋĘĵ±Ĺ±čĜĹčåÏŅĹŅĵĜÏĘå±ĬƋĘ activities, includes the Director, Economic Policy and Project Manager, Redevelopment Program Manager, and Industry Cluster Coordinator. This is ±Ĭå±ĹŸƋ±þĹčŸƋųƚÏƋƚųåţFĹÏŅĵޱųĜŸŅĹØ8ŅųƋŅĬĬĜĹŸűŞååųÏŅĵĵƚĹĜƋĜåŸĘ±ƴå ±ŸƋ±ýŅüƅƋŅŎLjåĵŞĬŅƼååŸÚåƴŅƋåÚƋŅƋĘåŸåŞųŅčų±ĵŸţĜƋĘĜƋŸÏƚųųåĹƋ ŸƋ±þĹčØƋĘå)BkʱŸĬĜƋƋĬååƻƋų±Ï±Ş±ÏĜƋƼƋŅƋ±ĩåŅĹĹåƵĜĹĜƋĜ±ƋĜƴåŸţFĹŅųÚåų to implement the EHSP, the EHO should partner with other departments ƵĜƋĘĜĹƋĘåĜƋƼƋʱƋ±ųåƵŅųĩĜĹčŅĹĜŸŸƚåŸƋʱƋ±ýåÏƋåÏŅĹŅĵĜÏĘå±ĬƋʱĹÚ enhance relationships with community service providers. This will allow the City of Fort Collins to leverage its resources devoted to the implementation of the EHSP. Within the City of Fort Collins, many departments - from transportation to planning to social sustainability to purchasing - are managing projects and ŞųŅčų±ĵŸƋʱƋ±ýåÏƋƋĘååÏŅĹŅĵĜÏĘå±ĬƋĘŅüƋĘåÏĜƋƼţĘå)BkŸĘŅƚĬÚüŅųčå ųåĬ±ƋĜŅĹŸĘĜŞŸƵĜƋĘŸƋ±ýĜĹƋĘåŸåƴ±ųĜŅƚŸÚåŞ±ųƋĵåĹƋŸĜĹŅųÚåųƋŅĜĹƋåčų±ƋåƋĘå economic health initiatives across the organization. In addition, Fort Collins is fortunate to have multiple service providers that can take the lead on many of the initiatives with the City playing a more “behind the scenes” role. There are approximately 15 full-time employees working in organizations related to economic development, including NCEDC, the Chamber, Innosphere, the WIB, the CVB, the Poudre River Public Library, and the SBDC. By forging stronger, formal partnerships with these organizations, the City of Fort Collins can leverage its resources and üųååĜƋƼŸƋ±ýƋŅüŅÏƚŸŅĹŸƋų±ƋåčĜÏĜĹĜƋĜ±ƋĜƴåŸţĘĜŸĵŅƴåƵŅƚĬÚ±ĬŸŅʱƴå ƋĘå±ÚÚåÚÆåĹåĀƋŅüƚĹĜüƼĜĹčƋĘååýŅųƋŸŅü±ĬĬޱųƋĹåųŸƚĹÚåų±ŸĜĹčĬåƴĜŸĜŅĹ and set of objectives. This, in turn, will expand the capacity of the City to move its economic health program beyond the basics of business retention, expansion, and creation. The City of Fort Collins should formalize partnerships with memoranda of understanding and in some cases through contracts with organizations to provide economic health services. Many of the existing service providers have additional funding sources to supplement City funding. They also already have or are in a position to build the expertise needed to create more robust basic programs. Under this new model, the City will need ƋŅÚåĀĹåĜƋŸųŅĬå±ĹÚƋĘåųŅĬåŅüĜƋŸŸåųƴĜÏåŞųŅƴĜÚåųŸĜűÚĵĜĹĜŸƋåųĜĹčƋĘå economic health program. The City Role in Economic Health The City and EHO should play one of the three primary roles listed below as it relates to each theme, goal, and tactic. • Xå±ÚóĜƋƼƋ±ĩåŸŅĹƋĘåĬå±ÚųŅĬåĜĹĜĵŞĬåĵåĹƋĜĹčŸŞåÏĜĀÏčŅ±ĬŸţ • Partner— City partners with other agencies and organizations to implement ŸŞåÏĜĀÏčŅ±ĬŸĜĹÏĬƚÚĜĹčŞųŅƴĜÚĜĹčüƚĹÚŸƋŅ±ÏĘĜåƴåƋĘåŸåÏŅĬĬåÏƋĜƴåčŅ±ĬŸţ • Collaborate— City partners with other agencies and organizations to ĜĵŞĬåĵåĹƋŸŞåÏĜĀÏčŅ±ĬŸƵĜƋĘŅƚƋŞųŅƴĜÚĜĹčüƚĹÚŸţ ĘåüŅĬĬŅƵĜĹčĵ±ƋųĜƻĜÚåĹƋĜĀåŸƋĘåĜƋƼűŸŅƴåų±ĬĬųŅĬåųåĬ±ƋĜƴåƋŅå±ÏĘčŅ±Ĭ ±ĹÚƋĘåųåĬ±ƋåÚÚåŞ±ųƋĵåĹƋŸƵĜƋĘĜĹƋĘåĜƋƼƵĜƋĘƋĘåĜųÚåĀĹåÚųŅĬåţ In addition, the EHO will undertake the following tasks to ensure implementation through a collaborative structure: • ųå±Ƌå±ÏŅĹÏųåƋåŸÏŅŞåŅüƵŅųĩØŞųŅÏƚųåŸåųƴĜÏåŸØ±ĹÚŸƋųƚÏƋƚųåakŸ City Departments Overall Role EHO ESD SSD CDNS Finance ƋĜĬţ Trans. Community Prosperity A.1: Close the Skills Gap and increase Career Pathways in the community Collaborate R -- -- -- -- -- -- A.2: Diversify employment opportunities for residents Lead R -- C -- -- -- -- A.3: Provide resources that enhance the ability of existing business to succeed in the City Lead & Partner R C -- C I C C A.4: Increase youth engagement in workforce and talent development Collaborate R -- -- -- -- -- -- *URZ2XU2ZQ B.1: Increase economic activity through innovation and entrepreneurism Lead & Partner R I -- I I -- -- B.2: Increase the number of new start-ups and entrepreneurs Partner R IIII-- -- B.3: Invest in enhancements to entrepreneurism and innovation infrastructure Partner R IIICC -- B.4: Increase capital to support start-up companies and entrepreneurs Partner R I -- -- C I -- ţĂ×)ĹʱĹÏååÏŅĹŅĵĜÏÚĜƴåųŸĜĀϱƋĜŅĹÆƼŸƚŞŞŅųƋĜĹčĜĹÚƚŸƋųƼÏĬƚŸƋåųŸ Lead & Partner R C -- -- I -- -- B.6: Increase awareness of the local economy and its role in supporting economic stability Partner R C C I -- -- -- Place Matters C.1: Maintain clear, predictable and transparent processes Lead C C -- R -- C C ţƖ×Xåƴåų±čåĜĹĀĬĬ±ĹÚųåÚåƴåĬŅŞĵåĹƋƋʱƋĵååƋŸĵƚĬƋĜŞĬåÏŅĵĵƚĹĜƋƼŅÆģåÏƋĜƴåŸ Lead R C -- C C C C C.3: Balance land uses that support a healthy economy Lead C C -- R -- I C C.4: Invest in public infrastructure upgrades that support Plan Fort Collins implemen- tation Lead C C -- R C R R C.5: Encourage a culture and economy unique to Fort Collins and consistent with community values Partner R -- C I I -- -- The Climate Economy D.1: Increase the understanding of barriers and opportunities presented by climate change in the business community Partner R C -- C -- C I %ţƖ×)Ĺč±čåƋĘåÆƚŸĜĹ域ÏŅĵĵƚĹĜƋƼĜĹϱųÆŅĹųåÚƚÏƋĜŅĹåýŅųƋŸ Partner C R -- I I C -- D.3: Increase innovation related to carbon reduction and water conservation and quality Collaborate R C -- -- -- C -- %ţĉ×)ĹÏŅƚų±čåĜĹĀĬĬ±ĹÚųåÚåƴåĬŅŞĵåĹƋƋʱƋĵååƋŸĵƚĬƋĜŞĬåÏŅĵĵƚĹĜƋƼŅÆģåÏƋĜƴåŸØ ŸŞåÏĜĀϱĬĬƼÏĬĜĵ±Ƌå±ÏƋĜŅĹčŅ±ĬŸ Lead R C -- C C C C 7KLQN5HJLRQDOO\ E.1: Enhance coordination on regional economic issues Collaborate R CCCIC C E.2: Enhance Regional assets through collaboration Partner R C -- -- C C C E.3: Partner to position Northern Colorado as an innovation hub Collaborate R IIIII I R = Responsible; C = Consulted; I = Informed )Bk÷)ÏŅĹŅĵĜÏBå±ĬƋĘkþÏåſ)%÷)ĹƴĜųŅĹĵåĹƋ±ĬåųƴĜÏåŸ%åŞ±ųƋĵåĹƋſ%÷ŅÏĜ±ĬƚŸƋ±ĜĹÆĜĬĜƋƼ%åŞ±ųƋĵåĹƋſ%c÷ŅĵĵƚĹĜƋƼ%åƴåĬŅŞĵåĹƋ¼cåĜčĘÆŅųĘŅŅÚåųƴĜÏåŸ%åŞ±ųƋĵåĹƋſ 8ĜűĹÏå÷8ĜűĹÏå%åŞ±ųƋĵåĹƋſƋĜĬţ÷8ŅųƋŅĬĬĜĹŸƋĜĬĜƋĜåŸſ¼ų±ĹŸŞţ÷ų±ĹŸŞŅųƋ±ƋĜŅĹ{Ĭ±ĹĹĜĹč¼ų±ĹŸüŅųƋ 38 Packet Pg. 196 Attachment: Exhibit A (3221 : Economic Health Strategic Plan Update RESO) City of Fort Collins Economic Health e{{)c%F£ Packet Pg. 197 Attachment: Exhibit A (3221 : Economic Health Strategic Plan Update RESO) 40 Packet Pg. 198 Attachment: Exhibit A (3221 : Economic Health Strategic Plan Update RESO) )ÏŅĹŅĵĜÏBå±ĬƋĘÈĜƋƼB±ĬĬåŸƋÈƐLjLjX±{ŅųƋåeƴåĹƚåÈ8ŅųƋŅĬĬĜĹŸØkíLjĂƖŎ Josh Birks | Economic Health Director | jbirks@fcgov.com | 970.221.6324 Packet Pg. 199 Attachment: Exhibit A (3221 : Economic Health Strategic Plan Update RESO) Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY June 2, 2015 City Council STAFF Dan Coldiron, Chief Information Officer Kelly DiMartino, Assistant City Manager SUBJECT Items Relating to the Renewal of the Cable Franchise Agreement with Comcast of California/Colorado LLC. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 067, 2015, Granting a Non-Exclusive Franchise to Comcast of California/Colorado, LLC and its Successors and Assigns for the Right to Make Reasonable Use of, and Erect, Construct, Operate and Maintain Through, the Public Rights-Of-Way, Easements and Other Public Property, Any Equipment Necessary and Appurtenant to the Operation and Maintenance of a Cable System and the Provision of Cable Services to Citizens Within the City. B. First Reading of Ordinance No. 068, 2015, Establishing New City of Fort Collins Customer Service Standards for Cable Television. The purpose of this item is to renew the Cable Franchise Agreement from the City of Fort Collins to Comcast of California/Colorado LLC and establish new Customer Service Standards - Cable Television. The current agreement will expire on July 31, 2015. Following extensive community outreach, staff and Council identified a number of priorities for the negotiation process. With the assistance of outside legal counsel, staff has negotiated a proposed 10-year agreement with Comcast that addresses the majority of these priorities. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. BACKGROUND / DISCUSSION The Federal Cable Acts allow cities and cable companies to begin informal negotiations within 36 months of the expiration of the existing franchise. The City began the renewal process in the spring of 2013 with an RFP for consulting services to conduct a Community Needs Assessment, as well as financial and technical audits. Detail on the methods used for the public outreach portion of the Community Needs Assessment is outlined in the Public Outreach section following in this document. Community Needs Assessment Results Based on the results of the needs assessment process, a number of topics were identified as potential items for discussion with Comcast during the negotiation process. The following is a list of the primary items that the needs assessment indicated were of interest to the City and to the community: • The definition of “gross revenue” within the current agreement is weak and allows certain types of revenues to be excluded, lowering the City’s franchise fee revenues. Packet Pg. 200 Agenda Item 12 Item # 12 Page 2 • There is a need and definite desire for a limited-basic package of cable service (with fewer cable channels at a reduced price). • The current cable system should be technically sufficient to meet the community needs for the next 5 years. A mid-term technology review of the cable system should occur. • If the cable system is updated, then all connections for City and educational facilities should be concurrently modified as needed at Comcast's expense. Access equipment/facilities upgrades by the City, public schools (K-12), and CSU resulting from changes in Comcast's system should also be at the cable company's expense. • Free cable drops and Basic and Expanded Basic Service for City buildings, libraries and educational facilities (for example, public schools [K-12]) should be provided. The City should also encourage Comcast to provide free Cable Internet Service, on a voluntary initiative basis, to key City buildings. • There is an expressed need to have Comcast resolve customer service issues. • Comcast should be required to provide financial reports sufficient to provide the City reasonable opportunity to perform informal reviews, as well as detailed audits. • Comcast should conduct periodic technical monitoring tests on the cable system and provide the results of the testing to the City. • The City’s Governmental Access Channel, the Public Access Channel, and the Educational Access Channels should be preserved, with additional high-definition (HD) channels being made available based upon trigger mechanisms in the new franchise agreement. • The current Public, Education, and Government (PEG) fee of 50 cents per subscriber per month is inadequate to support the capital equipment needs of the PEG entities. The fee has remained unchanged over the course of the current franchise, while costs have increased significantly. There is a demonstrated need for an increase in the PEG fee. • Comcast should construct and maintain fiber return lines to all PEG facilities. • There is a need and interest in having comprehensive customer service standards that, among other things, ensure that deficiencies in operator performance that may have occurred in the past do not recur. • There is desire to maintain the current PEG channel assignments. However, should they be reassigned, there needs to be marketing assistance to inform subscribers. • There is a need for cross-channel marketing to promote the PEG channels to subscribers viewing other channels. • There is an interest and need to provide video-on-demand PEG broadcasting services. • There is community interest in the development and deployment of more energy efficient equipment provided to customers. Negotiations Process The results of the needs assessment were presented to City Council in April 2014. Council identified the following top priorities: Packet Pg. 201 Agenda Item 12 Item # 12 Page 3 • The needs assessment indicated a significant interest by the community in Public, Education and Government (PEG) programming. The operating needs of the PEG channels point to a need to increase the PEG fee. • There is a need to have a better definition of gross revenue in the new agreement. In conjunction with this, financial reporting should enable frequent, periodic auditing. • A limited-basic programming package is highly desired in the new agreement. • Technical standards and system performance testing should be required on a frequent basis in the new agreement. • There is a need for the City to be more proactive in monitoring the performance of Comcast during the life of the agreement. • More well-defined customer service standards should be developed and enforced. The proposed franchise addresses these priorities as follows: Public, Educational and Governmental (PEG) programming: The availability of bandwidth for PEG programming is mandated by the Federal Cable Act, but cities cannot require cable companies to provide a studio or equipment for public use. Therefore, the City historically requested a PEG fee to fund local access channel needs, a mechanism that most cities across the nation use. The provisions in the proposed franchise agreement increase the fee from 50 cents per residential subscriber per month to 75 cents. The revenue from the PEG fee is dedicated to capital expenses (facilities and equipment) for PEG entities. Federal law allows cable companies to pass through these costs to subscribers and Comcast has done this with the current fee. Council decides how to allocate the PEG revenue, limited only by the requirement that the funds be spent on capital (equipment and facility) expenses. In addition to the increase in the PEG fee, a number of other items were negotiated and included with the proposed agreement: • The 5 current Standard Definition (SD) channels will remain • Comcast will provide 2 new High Definition (HD) channels • Grant monies of $20,000 will be provided to FCPAN to implement online streamed programming • A business Internet connection to support online streaming will be installed at FCPAN’s new facility at no cost, and will require no ongoing costs • In a side-letter agreement Comcast has agreed to: - Provide marketing assistance in the event of PEG channel reassignments - Provide cross-channel marketing to promote PEG channel programming Definition of “gross revenue”: The definition of “gross revenue” has been rewritten, being expanded upon greatly to ensure a very tight interpretation that should eliminate conflicting applications of the term, therefore reducing the opportunities for franchise fee revenue loss. Limited-Basic Tier: Although not a part of the franchise agreement, Comcast will continue to offer this tier of service as outlined in a side-letter agreement, which is similar to the current agreement. The proposed Customer Service Standards contains language that will require access to this subscription tier on Comcast's Website. Technical Standards and System Performance: The proposed agreement ensures that the Cable System will be constructed, operated, maintained and perform in accordance with all applicable federal, state and local laws. Successor formats such as HD4k are required to be supported by the Cable System. The agreement also defines specific requirements for various types of testing, whether that is during construction, Federal Communications Commission (FCC), subscriber complaint, or periodic monitoring. Records of testing must be maintained and results recorded and provided to the City upon request. Finally, the proposed agreement permits the City to perform a technology assessment to determine if the Cable System technology and performance are consistent with current practices and range and level of services existing in the 15 largest U.S. cable systems owned by Comcast. Packet Pg. 202 Agenda Item 12 Item # 12 Page 4 Proactive monitoring by the City of the performance of Comcast during the life of the agreement: Over the course of the franchise renewal process, staff determined that there were opportunities for the City to be more proactive in administration of the Cable TV Franchise Agreement. The proposed agreement and customer service standards provide the organization with opportunities to review, audit, test, and measure the performance of Comcast in the execution of the agreement. The City will expand its oversight in the following ways: • Develop a more comprehensive Cable Franchise-related Website. The site will include the following: - Detailed franchise information available to citizens - FAQ and other resources - Formal issue resolution process for citizens • Perform periodic formal reviews (based on budget offer approval) of Comcast’s performance: - Financial audit/review in years 3, 6 and 9 - Technical review after 5 years - Performance evaluations years 3, 6 and 9 More well-defined customer service standards to be developed and enforced: As part of the negotiations process the City agreed to propose the adoption of the “model” standards that were developed in negotiations between Comcast and the Colorado Communications and Utilities Alliance (CCUA). Members of the CCUA include; Adams County, Arapahoe County, Arvada, Brighton Broomfield, Castle Rock, Centennial, Cherry Hills Village, Commerce City, Denver, Douglas County, Durango, Englewood, Federal Heights, Golden, Lakewood, Littleton, Louisville, Montrose, Thornton, Westminster, and Wheat Ridge. The potential issue within the “model” standards is that the customer service center must only be “conveniently located,” rather than restricted to within City limits. Comcast was notified that the City’s interpretation of “conveniently located” would be that the customer service center must be within the City's Growth Management Area. It should be noted that the customer service standards can be unilaterally changed and adopted by the City should this issue, or any other element within the “model” standards become problematic. The standards do not require Comcast’s approval. It is believed that the steps to improve proactive administration of the agreement will create opportunities for the public to be better informed of their rights under the agreement and the customer service standards. Limitations: Some items that were requested and desired by the community to be included in the proposed agreement were discussed during negotiations, but were not achieved. Federal communications law is fairly restrictive as to what municipalities are able to require and/or regulate within a Cable TV Franchise Agreement. As is to be expected of a large corporation such as Comcast, they are intimately aware of those limitations and are hesitant to set precedence in any given community. Listed below are some of the items where these limitations impacted or limited the negotiations: • Broadband services • VoIP telephony services • Specific technologies • Specific equipment • Any sort of rate regulation, as Fort Collins was deemed a “competitive market” by the FCC • A la carte programming • Specific channels • Bundling Packet Pg. 203 Agenda Item 12 Item # 12 Page 5 CITY FINANCIAL IMPACTS The proposed franchise continues to collect 5% of gross revenues, as allowed by the Federal Cable Act. Franchise fees are paid to compensate the City for Comcast’s use of the public rights-of-way and generate approximately one million dollars annually. The proposed franchise agreement includes an additional fee, the purpose of which is to fund capital and facility needs for Public, Educational and Governmental ("PEG") cable television programming. The amount of the PEG fee in the new agreement is proposed to be raised from the current 50 cents per month per residential subscriber to 75 cents per month. The revenues generated from this fee may be distributed among the PEG entities as determined by City Council. 2014 Franchise Fee Revenue: $1,524,952 (5% fee to be unchanged) 2014 PEG Fee Revenue: $153,889 (50 cent fee) 2016 PEG Fee Revenue: $230,883 (projected 75 cent fee, same subscriber numbers) BOARD / COMMISSION RECOMMENDATION None PUBLIC OUTREACH The consulting group engaged to ascertain the community needs and interests worked with staff to develop an extensive data collection process that included the following: • A written residential survey on cable-related needs and interests, randomly administered to 4,000 randomly selected households in the Fort Collins area with a return sample of 701 or 18%. • An online questionnaire, which resulted in a wide variety of residents participating and a response rate of 868. A well-attended public hearing in October 2013. • Internal and external stakeholders focused discussions that again included a variety of representatives from different community organizations, government agencies and businesses. • Interviews with educational organizations, including representatives from Poudre School District and Colorado State University. • Focused discussions, interviews with staff and on-site visits to current PEG Access programming production and origination locations. • Online questionnaires with Fort Collins stakeholders that reached more than 200 citizens to detail their business, non-profit, government and educational current and future needs related to cable television. • A review of a variety of recently negotiated cable television franchises to offer perspective on what is happening around the country between local franchising authorities and cable television. The vast majority of the public engagement process was conducted prior to negotiations to most effectively influence the negotiation outcomes. Additionally, staff conducted a public forum to discuss highlights of the proposed agreement in May, 2015. ATTACHMENTS 1. Work Session Summary, April 28, 2015 (PDF) 2. Work Session Responses, April 28, 2015 (PDF) 3. Powerpoint presentation (PDF) Packet Pg. 204 ATTACHMENT 1 Packet Pg. 205 Attachment: Work Session Summary, April 28, 2015 (3209 : Cable TV Franchise Renewal & Adoption of Customer Service Standards) ATTACHMENT 2 Packet Pg. 206 Attachment: Work Session Responses, April 28, 2015 (3209 : Cable TV Franchise Renewal & Adoption of Customer Service Standards) Packet Pg. 207 Attachment: Work Session Responses, April 28, 2015 (3209 : Cable TV Franchise Renewal & Adoption of Customer Service Standards) Packet Pg. 208 Attachment: Work Session Responses, April 28, 2015 (3209 : Cable TV Franchise Renewal & Adoption of Customer Service Standards) Packet Pg. 209 Attachment: Work Session Responses, April 28, 2015 (3209 : Cable TV Franchise Renewal & Adoption of Customer Service Standards) Packet Pg. 210 Attachment: Work Session Responses, April 28, 2015 (3209 : Cable TV Franchise Renewal & Adoption of Customer Service Standards) Packet Pg. 211 Attachment: Work Session Responses, April 28, 2015 (3209 : Cable TV Franchise Renewal & Adoption of Customer Service Standards) Packet Pg. 212 Attachment: Work Session Responses, April 28, 2015 (3209 : Cable TV Franchise Renewal & Adoption of Customer Service Standards) Cable Television Franchise Renewal ATTACHMENT 3 2 Agenda • Background & Input • Process & Findings • Current State • Proposed Agreement Highlights • Questions/Comments Packet Pg. 214 Attachment: Powerpoint presentation (3209 : Cable TV Franchise Renewal & Adoption of Customer Service Standards) Current Cable TV Franchise • Current agreement: March 17, 2006 – July 31, 2015 • Scope of agreement is for cable television services • Estimate 50% of households subscribe to Comcast • Franchise fee of 5% of gross revenues and Public, Education & Government access (PEG) fee of 50 cents per subscriber per month 3 Packet Pg. 215 Attachment: Powerpoint presentation (3209 : Cable TV Franchise Renewal & Adoption of Customer Service Standards) Renewal Process Input • Consultants performed detailed technical and financial audits and community surveys • Surveys mailed to 4,000 random citizens: • 800 responses from online surveys: • Community focus groups: • Work Sessions with Council – April, 2014 and April, 2015 4 Packet Pg. 216 Attachment: Powerpoint presentation (3209 : Cable TV Franchise Renewal & Adoption of Customer Service Standards) Renewal Process Findings • Interest in “a la carte” channel selection • Community interest in limited, basic channel package • Customer service, technical issues are directly related to overall satisfaction • Comparatively good viewership of PEG channels • Customers positively rate PEG channels • Energy conservation of in-home equipment 5 Packet Pg. 217 Attachment: Powerpoint presentation (3209 : Cable TV Franchise Renewal & Adoption of Customer Service Standards) Renewal Process Findings • Significant support for the 5 current access channels • HD picture quality on the access channels is desired • Access channels available in a video on-demand format • Programming information to be on channel guide • Cross-channel marketing of FCPAN channel position, 97 • Cable television service needed in government, education and other civic sponsored spaces 6 Packet Pg. 218 Attachment: Powerpoint presentation (3209 : Cable TV Franchise Renewal & Adoption of Customer Service Standards) Renewal Process Findings • Interactive television services desired for PEG • New, upgraded and replacement equipment for PEG • Capital funds to support PEG improvements • Space for Fort Collins Public Access Network (FCPAN) to operate needs improvement • Permanent staffing for FCPAN desired to meet community interests for programming 7 Packet Pg. 219 Attachment: Powerpoint presentation (3209 : Cable TV Franchise Renewal & Adoption of Customer Service Standards) Development of Proposed Agreement • Work session with Council – April, 2014 • Began with the Colorado Communications and Utilities Alliance (CCUA) “Model Agreement” • Developed proposed agreement to include Fort Collins interests and needs • Engaged Comcast in active negotiations • Work session with Council 8 Packet Pg. 220 Attachment: Powerpoint presentation (3209 : Cable TV Franchise Renewal & Adoption of Customer Service Standards) Proposed Agreement: Highlights • Customer Service Standards: • Staff agreed to consider adoption of “model” standards as part of the negotiations • Substantially similar to current standards • Council can unilaterally change and adopt as needed, when needed 9 Packet Pg. 221 Attachment: Powerpoint presentation (3209 : Cable TV Franchise Renewal & Adoption of Customer Service Standards) Proposed Agreement: Highlights Much improved definition of “gross revenues” Number of PEG channels: • Maintain the Standard Definition channels • Add 2 High Definition channels An increase of up to 75 cents monthly PEG fee: • Current is 50 cents • Additional funding for PEG capital equipment needs PEG grant monies: • $20,000 grant to FCPAN 10 Packet Pg. 222 Attachment: Powerpoint presentation (3209 : Cable TV Franchise Renewal & Adoption of Customer Service Standards) Proposed Agreement: Highlights Other PEG Enhancements: • A business Internet connection to support online streaming at FCPAN, no ongoing costs • Fiber return line to FCPAN at Carnegie Building at ½ of construction costs (approx. $17k) • Marketing in cases of channel reassignment • Cross-channel marketing for PEG channels Limited-Basic Subscription Package: • A side letter agreement – same method as current 11 Packet Pg. 223 Attachment: Powerpoint presentation (3209 : Cable TV Franchise Renewal & Adoption of Customer Service Standards) Proposed Agreement: Administration Agreement Enforcement Responsibilities - City: • Cable Franchise-related Website: • Franchise information available to citizens • FAQ and other resources • Formal issue resolution process for citizens • Formal reviews of Comcast’s performance: • Financial audit/review in years 3, 6 and 9 • Technical review after 5 years • Performance evaluations years 3, 6 and 9 12 Packet Pg. 224 Attachment: Powerpoint presentation (3209 : Cable TV Franchise Renewal & Adoption of Customer Service Standards) Questions/Comments 13 Packet Pg. 225 Attachment: Powerpoint presentation (3209 : Cable TV Franchise Renewal & Adoption of Customer Service Standards) - 1 - ORDINANCE NO. 067, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS GRANTING A NON-EXCLUSIVE FRANCHISE TO COMCAST OF CALIFORNIA/COLORADO, LLC AND ITS SUCCESSORS AND ASSIGNS FOR THE RIGHT TO MAKE REASONABLE USE OF, AND ERECT, CONSTRUCT, OPERATE AND MAINTAIN THROUGH, THE PUBLIC RIGHTS-OF-WAY, EASEMENTS AND OTHER PUBLIC PROPERTY ANY EQUIPMENT NECESSARY AND APPURTENANT TO THE OPERATION AND MAINTENANCE OF A CABLE SYSTEM AND THE PROVISION OF CABLE SERVICES TO CITIZENS WITHIN THE CITY WHEREAS, Comcast of California/Colorado, LLC (“Comcast”), currently holds a cable television franchise (the “Franchise”) with the City of Fort Collins granted by Ordinance No. 010, 2006, on March 7, 2006; and WHEREAS, the Franchise was scheduled to expire by its terms on March 16, 2015; and WHEREAS, the Franchise was extended by Ordinance No. 021, 2015 on March 3, 2015, and again by Ordinance No. 053, 2015 on May 5, 2015, and is now set to expire on July 31, 2015; and WHEREAS, since the summer of 2014, Comcast and the City have been negotiating a new cable franchise agreement; and WHEREAS, these negotiations have resulted in a proposed agreement that is being presented to City Council for its consideration and approval (the “Franchise Agreement”); and WHEREAS, the Franchise Agreement is attached hereto as Exhibit “A” and incorporated herein by reference; and WHEREAS, the Franchise Agreement includes the following major terms and conditions: (1) a term of ten years; (2) a requirement that Comcast pay the City a franchise fee of five percent of the gross revenues that Comcast receives from the operation of its cable system within City rights-of-way; (3) increased public, educational and governmental (“PEG”) funding for public access channels; and (4) provision of two High Definition (HD) channels for PEG use; and WHEREAS, separately from the Franchise Agreement, Comcast is willing to make several commitments to the City as described in the proposed letter agreement attached hereto as Exhibit “B” and incorporated herein by reference (the “Letter Agreement”); and WHEREAS, the terms of the Letter Agreement include promotion of PEG programming and continuation of the Limited Basic tier of cable services; and Packet Pg. 226 - 2 - WHEREAS, Section 1 of Article XI of the City Charter and Section 6-3 of the City Code set forth notice and hearing requirements that must be satisfied prior to the City granting a cable television franchise; and WHEREAS, such notice requirements will be met prior to second reading of this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT COLLINS, COLORADO, as follows: Section 1. That the City Council hereby finds that the notice and hearing requirements of Section 1 of Article XI of the City Charter and Section 6-3 of the City Code relating to the granting of a cable television franchise have been satisfied as of second reading of this Ordinance with respect to the granting of a cable television franchise to Comcast under the terms and conditions of the Franchise Agreement. Section 2. That the City Council hereby finds that the City’s grant of a cable television franchise to Comcast in accordance with the terms and conditions of the Franchise Agreement is in the best interests of the City and its citizens, and will meet the future cable related needs of the community. Section 3. That the Mayor is hereby authorized to execute the Franchise Agreement and Letter Agreement with Comcast in substantially the forms attached as Exhibits A and B. Section 4. That if any portion of this Ordinance is held to be unconstitutional or invalid for any reason, such decision shall not affect the constitutionality or validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each part hereof irrespective of the fact that any one part be declared unconstitutional or invalid. Section 5. That all other ordinances or portions thereof inconsistent or conflicting with this ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Introduced, considered favorably on first reading, and ordered published this 2nd day of June, A.D. 2015, and to be presented for final passage on the 7th day of July, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 227 - 3 - Passed and adopted on final reading on this 7th day of July, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 228 i CITY OF FORT COLLINS – COMCAST Final 4-14-15 COMCAST OF CALIFORNIA/COLORADO, LLC AND THE CITY OF FORT COLLINS, COLORADO ____________________________________________ CABLE FRANCHISE AGREEMENT TABLE OF CONTENTS SECTION 1. DEFINITIONS AND EXHIBITS ............................................................................1 (A) DEFINITIONS .........................................................................................................1 (B) EXHIBITS ...............................................................................................................7 SECTION 2. GRANT OF FRANCHISE ......................................................................................8 2.1 Grant ........................................................................................................................8 2.2 Use of Rights-of-Way ..............................................................................................9 2.3 Effective Date and Term of Franchise ...................................................................10 2.4 Franchise Nonexclusive .........................................................................................10 2.5 Police Powers .........................................................................................................10 2.6 Competitive Equity ................................................................................................10 2.7 Familiarity with Franchise .....................................................................................12 2.8 Effect of Acceptance ..............................................................................................12 SECTION 3. FRANCHISE FEE PAYMENT AND FINANCIAL CONTROLS ......................12 3.1 Franchise Fee .........................................................................................................12 3.2 Payments ................................................................................................................12 3.3 Acceptance of Payment and Recomputation .........................................................13 3.4 Quarterly Franchise Fee Reports ...........................................................................13 3.5 Annual Franchise Fee Reports ...............................................................................13 3.6 Audits .....................................................................................................................13 3.7 Late Payments ........................................................................................................14 3.8 Underpayments ......................................................................................................14 3.9 Alternative Compensation .....................................................................................14 3.10 Maximum Legal Compensation .............................................................................14 3.11 Additional Commitments Not Franchise Fee Payments ........................................14 3.12 Tax Liability...........................................................................................................15 3.13 Financial Records...................................................................................................15 3.14 Payment on Termination ........................................................................................15 SECTION 4. ADMINISTRATION AND REGULATION ........................................................15 4.1 Authority ................................................................................................................15 4.2 Rates and Charges ..................................................................................................16 4.3 Rate Discrimination ...............................................................................................16 4.4 Filing of Rates and Charges ...................................................................................16 4.5 Cross Subsidization ................................................................................................17 4.6 Reserved Authority ................................................................................................17 EXHIBIT A Packet Pg. 229 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) ii CITY OF FORT COLLINS – COMCAST Final 4-14-15 4.7 Time Limits Strictly Construed ............................................................................17 4.8 Franchise Amendment Procedure ..........................................................................17 4.9 Performance Evaluations .......................................................................................17 4.10 Late Fees ................................................................................................................18 4.11 Force Majeure ........................................................................................................18 SECTION 5. FINANCIAL AND INSURANCE REQUIREMENTS ........................................19 5.1 Indemnification ......................................................................................................19 5.2 Insurance ................................................................................................................20 5.3 Deductibles / Certificate of Insurance ....................................................................21 5.4 Letter of Credit ......................................................................................................22 SECTION 6. CUSTOMER SERVICE ........................................................................................23 6.1 Customer Service Standards ..................................................................................23 6.2 Subscriber Privacy .................................................................................................23 6.3 Subscriber Contracts ..............................................................................................24 6.4 Advance Notice to City ..........................................................................................24 6.5 Identification of Local Franchise Authority on Subscriber Bills ...........................24 SECTION 7. REPORTS AND RECORDS .................................................................................24 7.1 Open Records .........................................................................................................24 7.2 Confidentiality .......................................................................................................25 7.3 Records Required ...................................................................................................25 7.4 Annual Reports ......................................................................................................26 7.5 Copies of Federal and State Reports ......................................................................26 7.6 Complaint File and Reports ...................................................................................26 7.7 Failure to Report ....................................................................................................27 7.8 False Statements.....................................................................................................27 SECTION 8. PROGRAMMING .................................................................................................27 8.1 Broad Programming Categories .............................................................................27 8.2 Deletion or Reduction of Broad Programming Categories ....................................28 8.3 Obscenity ...............................................................................................................28 8.4 Parental Control Device .........................................................................................29 8.5 Continuity of Service Mandatory ...........................................................................29 8.6 Services for the Disabled .......................................................................................29 SECTION 9. ACCESS ................................................................................................................29 9.1 Designated Access Providers .................................................................................29 9.2 Channel Capacity and Use .....................................................................................30 9.3 Access Channel Assignments ................................................................................32 9.4 Relocation of Access Channels ..............................................................................32 9.5 Web-Based Video on Demand and Streaming .....................................................34 9.6 Support for Access Costs .......................................................................................34 Packet Pg. 230 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) iii CITY OF FORT COLLINS – COMCAST Final 4-14-15 9.7 Access Support Not Franchise Fees .......................................................................35 9.8 Access Channel on Basic Service or Lowest Priced Tier ......................................35 9.9 Change in Technology ...........................................................................................36 9.10 Technical Quality ...................................................................................................36 9.11 Access Cooperation ...............................................................................................36 9.12 Return Line/Access Origination ...........................................................................37 SECTION 10. GENERAL RIGHT-OF-WAY USE AND CONSTRUCTION ............................38 10.1 Right to Construct ..................................................................................................38 10.2 Right-of-Way Meetings .........................................................................................38 10.3 Joint Trenching/Boring Meetings ..........................................................................38 10.4 General Standard ....................................................................................................38 10.5 Permits Required for Construction ........................................................................38 10.6 Emergency Permits ................................................................................................39 10.7 Compliance with Applicable Codes.......................................................................39 10.8 GIS Mapping .........................................................................................................39 10.9 Minimal Interference .............................................................................................39 10.10 Prevent Injury/Safety .............................................................................................40 10.11 Hazardous Substances ............................................................................................40 10.12 Locates ...................................................................................................................40 10.13 Notice to Private Property Owners ........................................................................41 10.14 Underground Construction and Use of Poles.........................................................41 10.15 Undergrounding of Multiple Dwelling Unit Drops ...............................................42 10.16 Burial Standards .....................................................................................................42 10.17 Cable Drop Bonding ..............................................................................................43 10.18 Prewiring ................................................................................................................43 10.19 Repair and Restoration of Property........................................................................44 10.20 Use of Conduits by the City ...................................................................................44 10.21 Common Users.......................................................................................................45 10.22 Acquisition of Facilities .........................................................................................46 10.23 Discontinuing Use/Abandonment of Cable System Facilities ...............................46 10.24 Movement of Cable System Facilities for City Purposes ......................................47 10.25 Movement of Cable System Facilities for Other Franchise Holders .....................47 10.26 Temporary Changes for Other Permittees .............................................................47 10.27 Reservation of City Use of Right-of-Way .............................................................48 10.28 Tree Trimming .......................................................................................................48 10.29 Inspection of Construction and Facilities ..............................................................48 10.30 Stop Work ..............................................................................................................48 10.31 Work of Contractors and Subcontractors ...............................................................49 49 SECTION 11. CABLE SYSTEM, TECHNICAL STANDARDS AND TESTING .....................49 11.1 Subscriber Network ...............................................................................................49 11.2 Technical Performance ..........................................................................................50 11.3 Cable System Performance Testing .......................................................................50 Packet Pg. 231 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) iv CITY OF FORT COLLINS – COMCAST Final 4-14-15 11.4 Additional Tests .....................................................................................................51 11.5 Technical Assessment ............................................................................................52 11.6 Standby Power .......................................................................................................52 11.7 Emergency Alert Capability ..................................................................................53 SECTION 12. SERVICE AVAILABILITY, INTERCONNECTION AND SERVICE TO SCHOOLS AND PUBLIC BUILDINGS ..............................................................53 12.1 Service Availability ...............................................................................................53 12.2 Connection of Public Facilities ..............................................................................54 SECTION 13. FRANCHISE VIOLATIONS ................................................................................55 13.1 Procedure for Remedying Franchise Violations ....................................................55 13.2 Revocation .............................................................................................................56 13.3 Procedures in the Event of Termination or Revocation .........................................57 13.4 Purchase of Cable System ......................................................................................58 13.5 Receivership and Foreclosure ................................................................................59 13.6 No Monetary Recourse Against the City ...............................................................59 13.7 Alternative Remedies .............................................................................................59 13.8 Assessment of Monetary Damages ........................................................................60 13.9 Effective of Abandonment .....................................................................................60 13.10 What Constitutes Abandonment ............................................................................60 SECTION 14. FRANCHISE RENEWAL AND TRANSFER ......................................................61 14.1 Renewal..................................................................................................................61 14.2 Transfer of Ownership or Control..........................................................................61 SECTION 15. SEVERABILITY ...................................................................................................63 SECTION 16. MISCELLANEOUS PROVISIONS ......................................................................63 16.1 Preferential or Discriminatory Practices Prohibited ..............................................63 16.2 Notices ...................................................................................................................63 16.3 Descriptive Headings .............................................................................................64 16.4 Publication Costs to be Borne by Grantee .............................................................64 16.5 Binding Effect ........................................................................................................64 16.6 No Joint Venture ....................................................................................................64 16.7 Waiver ....................................................................................................................64 16.8 Reasonableness of Consent or Approval ...............................................................65 16.9 Entire Agreement ...................................................................................................65 16.10 Jurisdiction .............................................................................................................65 EXHIBIT A: Customer Service Standards EXHIBIT B: Report Form EXHIBIT C: Return Lines Packet Pg. 232 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 1 CITY OF FORT COLLINS – COMCAST Final 4-14-15 COMCAST OF CALIFORNIA/COLORADO, LLC AND CITY OF FORT COLLINS, COLORADO _____________________________________________ CABLE FRANCHISE AGREEMENT SECTION 1. DEFINITIONS AND EXHIBITS (A) DEFINITIONS For the purposes of this Franchise, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. Words not defined shall be given their common and ordinary meaning. The word "shall" is always mandatory and not merely directory. 1.1 “Access” means the availability for noncommercial use by various agencies, institutions, organizations, groups and individuals in the community, including the City and its designees, of the Cable System to acquire, create, receive, and distribute video Cable Services and other services and signals as permitted under Applicable Law including, but not limited to: a. “Public Access” means Access where community-based, noncommercial organizations, groups or individual members of the general public, on a nondiscriminatory basis, are the primary users. b. “Educational Access” means Access where schools are the primary users having editorial control over programming and services. For purposes of this definition, “school” means any State-accredited educational institution, public or private, including, for example, primary and secondary schools, colleges and universities. c. “Government Access” means Access where governmental institutions or their designees are the primary users having editorial control over programming and services. 1.2 “Access Channel” means any Channel, or portion thereof, designated for Access purposes or otherwise made available to facilitate or transmit Access programming or services. 1.3 “Activated” means the status of any capacity or part of the Cable System in which any Cable Service requiring the use of that capacity or part is available without further installation of system equipment, whether hardware or software. 1.4 “Affiliate,” when used in connection with Grantee, means any Person who owns or controls, is owned or controlled by, or is under common ownership or control with, Grantee. Packet Pg. 233 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 2 CITY OF FORT COLLINS – COMCAST Final 4-14-15 1.5 “Applicable Law” means any statute, ordinance, judicial decision, executive order or regulation having the force and effect of law, that determines the legal standing of a case or issue. 1.6 “Bad Debt” means amounts lawfully billed to a Subscriber and owed by the Subscriber for Cable Service and accrued as revenues on the books of Grantee, but not collected after reasonable efforts have been made by Grantee to collect the charges. 1.7 “Basic Service” is the level of programming service which includes, at a minimum, all Broadcast Channels, all PEG SD Access Channels required in this Franchise, and any additional Programming added by the Grantee, and is made available to all Cable Services Subscribers in the Franchise Area. 1.8 “Broadcast Channel” means local commercial television stations, qualified low power stations and qualified local noncommercial educational television stations, as referenced under 47 USC § 534 and 535. 1.9 “Broadcast Signal” means a television or radio signal transmitted over the air to a wide geographic audience, and received by a Cable System by antenna, microwave, satellite dishes or any other means. 1.10 “Cable Act” means the Title VI of the Communications Act of 1934, as amended. 1.11 “Cable Operator” means any Person or groups of Persons, including Grantee, who provide(s) Cable Service over a Cable System and directly or through one or more affiliates owns a significant interest in such Cable System or who otherwise control(s) or is (are) responsible for, through any arrangement, the management and operation of such a Cable System. 1.12 “Cable Service” means the one-way transmission to Subscribers of video programming or other programming service, and Subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service. 1.13 “Cable System” means any facility, including Grantee’s, consisting of a set of closed transmissions paths and associated signal generation, reception, and control equipment that is designed to provide Cable Service which includes video programming and which is provided to multiple Subscribers within a community, but such term does not include (A) a facility that serves only to retransmit the television signals of one or more television broadcast stations; (B) a facility that serves Subscribers without using any Right-of-Way; (C) a facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the federal Communications Act (47 U.S.C. 201 et seq.), except that such facility shall be considered a Cable System (other than for purposes of Section 621(c) (47 U.S.C. 541(c)) to the extent such facility is used in the transmission of video programming directly to Subscribers, unless the Packet Pg. 234 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 3 CITY OF FORT COLLINS – COMCAST Final 4-14-15 extent of such use is solely to provide interactive on-demand services; (D) an open video system that complies with federal statutes; or (E) any facilities of any electric utility used solely for operating its electric utility systems. 1.14 “Channel” means a portion of the electromagnetic frequency spectrum which is used in the Cable System and which is capable of delivering a television channel (as television channel is defined by the FCC by regulation). 1.15 “City” is the City of Fort Collins, Colorado, a body politic and corporate under the laws of the State of Colorado. 1.16 “City Council” means the Fort Collins City Council, or its successor, the governing body of the City of Fort Collins, Colorado. 1.17 “Colorado Communications and Utility Alliance” or “CCUA” means the non-profit entity formed by franchising authorities and/or local governments in Colorado or its successor entity, whose purpose is, among other things, to communicate with regard to franchising matters collectively and cooperatively. 1.18 “Commercial Subscribers” means any Subscribers other than Residential Subscribers. 1.19 “Designated Access Provider” means the entity or entities designated now or in the future by the City to manage or co-manage Access Channels and facilities. The City may be a Designated Access Provider. 1.20 “Digital Starter Service” means the Tier of optional video programming services, which is the level of Cable Service received by most Subscribers above Basic Service, and does not include Premium Services. 1.21 “Downstream” means carrying a transmission from the Headend to remote points on the Cable System or to Interconnection points on the Cable System. 1.22 “Dwelling Unit” means any building, or portion thereof, that has independent living facilities, including provisions for cooking, sanitation and sleeping, and that is designed for residential occupancy. Buildings with more than one set of facilities for cooking shall be considered Multiple Dwelling Units unless the additional facilities are clearly accessory. 1.23 “FCC” means the Federal Communications Commission. 1.24 “Fiber Optic” means a transmission medium of optical fiber cable, along with all associated electronics and equipment, capable of carrying Cable Service by means of electric lightwave impulses. Packet Pg. 235 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 4 CITY OF FORT COLLINS – COMCAST Final 4-14-15 1.25 “Franchise” means the document in which this definition appears, i.e., the contractual agreement, executed between the City and Grantee, containing the specific provisions of the authorization granted, including references, specifications, requirements and other related matters. 1.26 “Franchise Area” means the area within the jurisdictional boundaries of the City, including any areas annexed by the City during the term of this Franchise. 1.27 “Franchise Fee” means that fee payable to the City described in subsection 3.1 (A). 1.28 “Grantee” means Comcast of California/Colorado LLC or its lawful successor, transferee or assignee. 1.29 “Gross Revenues” means, and shall be construed broadly to include all revenues derived directly or indirectly by Grantee and/or an Affiliated Entity that is the cable operator of the Cable System, from the operation of Grantee’s Cable System to provide Cable Services within the City. Gross revenues include, by way of illustration and not limitation: • monthly fees for Cable Services, regardless of whether such Cable Services are provided to residential or commercial customers, including revenues derived from the provision of all Cable Services (including but not limited to pay or premium Cable Services, digital Cable Services, pay-per-view, pay-per-event and video-on- demand Cable Services); • installation, reconnection, downgrade, upgrade or similar charges associated with changes in subscriber Cable Service levels; • fees paid to Grantee for channels designated for commercial/leased access use and shall be allocated on a pro rata basis using total Cable Service subscribers within the City; • converter, remote control, and other Cable Service equipment rentals, leases, or sales; • Advertising Revenues as defined herein; • late fees, convenience fees and administrative fees which shall be allocated on a pro rata basis using Cable Services revenue as a percentage of total subscriber revenues within the City; • revenues from program guides; • Franchise Fees; Packet Pg. 236 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 5 CITY OF FORT COLLINS – COMCAST Final 4-14-15 • FCC Regulatory Fees; and, • commissions from home shopping channels and other Cable Service revenue sharing arrangements which shall be allocated on a pro rata basis using total Cable Service subscribers within the City. (A) “Advertising Revenues” shall mean revenues derived from sales of advertising that are made available to Grantee’s Cable System subscribers within the City and shall be allocated on a pro rata basis using total Cable Service subscribers reached by the advertising. Additionally, Grantee agrees that Gross Revenues subject to franchise fees shall include all commissions, rep fees, Affiliated Entity fees, or rebates paid to National Cable Communications (“NCC”) and Comcast Spotlight (“Spotlight”) or their successors associated with sales of advertising on the Cable System within the City allocated according to this paragraph using total Cable Service subscribers reached by the advertising. (B) “Gross Revenues” shall not include: • actual bad debt write-offs, except any portion which is subsequently collected which shall be allocated on a pro rata basis using Cable Services revenue as a percentage of total subscriber revenues within the City; • any taxes and/or fees on services furnished by Grantee imposed by any municipality, state or other governmental unit, provided that Franchise Fees and the FCC regulatory fee shall not be regarded as such a tax or fee; • fees imposed by any municipality, state or other governmental unit on Grantee including but not limited to Public, Educational and Governmental (PEG) Fees; • launch fees and marketing co-op fees; and, • unaffiliated third party advertising sales agency fees which are reflected as a deduction from revenues. (C) To the extent revenues are received by Grantee for the provision of a discounted bundle of services which includes Cable Services and non-Cable Services, Grantee shall calculate revenues to be included in Gross Revenues using a methodology that allocates revenue on a pro rata basis when comparing the bundled service price and its components to the sum of the published rate card, except as required by specific federal, state or local law, it is expressly understood that equipment may be subject to inclusion in the bundled price at full rate card value. This calculation shall be applied to every bundled service package containing Cable Service from which Grantee derives revenues in the City. The City reserves its right to review and to challenge Grantee’s calculations. Packet Pg. 237 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 6 CITY OF FORT COLLINS – COMCAST Final 4-14-15 (D) Grantee reserves the right to change the allocation methodologies set forth in this Section 1.29 in order to meet the standards required by governing accounting principles as promulgated and defined by the Financial Accounting Standards Board (“FASB”), Emerging Issues Task Force (“EITF”) and/or the U.S. Securities and Exchange Commission (“SEC”). Grantee will explain and document the required changes to the City within three (3) months of making such changes, and as part of any audit or review of franchise fee payments, and any such changes shall be subject to 1.29(E) below. (E) Resolution of any disputes over the classification of revenue should first be attempted by agreement of the Parties, but should no resolution be reached, the Parties agree that reference shall be made to generally accepted accounting principles (“GAAP”) as promulgated and defined by the Financial Accounting Standards Board (“FASB”), Emerging Issues Task Force (“EITF”) and/or the U.S. Securities and Exchange Commission (“SEC”). Notwithstanding the forgoing, the City reserves its right to challenge Grantee’s calculation of Gross Revenues, including the interpretation of GAAP as promulgated and defined by the FASB, EITF and/or the SEC. 1.30 “Headend” means any facility for signal reception and dissemination on a Cable System, including cables, antennas, wires, satellite dishes, monitors, switchers, modulators, processors for Broadcast Signals, equipment for the Interconnection of the Cable System with adjacent Cable Systems and Interconnection of any networks which are part of the Cable System, and all other related equipment and facilities. 1.31 “Leased Access Channel” means any Channel or portion of a Channel commercially available for video programming by Persons other than Grantee, for a fee or charge. 1.32 “Manager” means the City Manager of the City or designee. 1.33 “Person” means any individual, sole proprietorship, partnership, association, or corporation, or any other form of entity or organization. 1.34 “Premium Service” means programming choices (such as movie Channels, pay-per-view programs, or video on demand) offered to Subscribers on a per-Channel, per-program or per- event basis. 1.35 “Residential Subscriber” means any Person who receives Cable Service delivered to Dwelling Units or Multiple Dwelling Units, excluding such Multiple Dwelling Units billed on a bulk-billing basis. 1.36 “Right-of-Way” means each of the following which have been dedicated to the public or are hereafter dedicated to the public and maintained under public authority or by others and located within the City: streets, roadways, highways, avenues, lanes, alleys, bridges, sidewalks, easements, rights-of-way and similar public property and areas. Packet Pg. 238 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 7 CITY OF FORT COLLINS – COMCAST Final 4-14-15 1.37 “State” means the State of Colorado. 1.38 “Subscriber” means any Person who or which elects to subscribe to, for any purpose, Cable Service provided by Grantee by means of or in connection with the Cable System and whose premises are physically wired and lawfully Activated to receive Cable Service from Grantee's Cable System, and who is in compliance with Grantee’s regular and nondiscriminatory terms and conditions for receipt of service. 1.39 “Subscriber Network” means that portion of the Cable System used primarily by Grantee in the transmission of Cable Services to Residential Subscribers. 1.40 “Telecommunications” means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received (as provided in 47 U.S.C. Section 153(43)). 1.41 “Telecommunications Service” means the offering of Telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used (as provided in 47 U.S.C. Section 153(46)). 1.42 “Tier” means a group of Channels for which a single periodic subscription fee is charged. 1.43 “Two-Way” means that the Cable System is capable of providing both Upstream and Downstream transmissions. 1.44 “Upstream” means carrying a transmission to the Headend from remote points on the Cable System or from Interconnection points on the Cable System. (B) EXHIBITS The following documents, which are occasionally referred to in this Franchise, are formally incorporated and made a part of this Franchise by this reference: 1) Exhibit A, entitled Customer Service Standards. 2) Exhibit B, entitled Report Form. 3) Exhibit C, entitled Return Line. Packet Pg. 239 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 8 CITY OF FORT COLLINS – COMCAST Final 4-14-15 SECTION 2. GRANT OF FRANCHISE 2.1 Grant (A) The City hereby grants to Grantee a nonexclusive authorization to make reasonable and lawful use of the Rights-of-Way within the City to construct, operate, maintain, reconstruct and rebuild a Cable System for the purpose of providing Cable Service subject to the terms and conditions set forth in this Franchise and in any prior utility or use agreements entered into by Grantee with regard to any individual property. This Franchise shall constitute both a right and an obligation to provide the Cable Services required by, and to fulfill the obligations set forth in, the provisions of this Franchise. (B) Nothing in this Franchise shall be deemed to waive the lawful requirements of any generally applicable City ordinance existing as of the Effective Date, as defined in Subsection 2.3. (C) Each and every term, provision or condition herein is subject to the provisions of State law, federal law, the Charter of the City, and the ordinances and regulations enacted pursuant thereto. The Charter and Municipal Code of the City, as the same may be amended from time to time, are hereby expressly incorporated into this Franchise as if fully set out herein by this reference. Notwithstanding the foregoing, the City may not unilaterally alter the material rights and obligations of Grantee under this Franchise. (D) This Franchise shall not be interpreted to prevent the City from imposing additional lawful conditions, including additional compensation conditions for use of the Rights- of-Way, should Grantee provide service other than Cable Service. (E) Grantee promises and guarantees, as a condition of exercising the privileges granted by this Franchise, that any Affiliate of the Grantee directly involved in the offering of Cable Service in the Franchise Area, or directly involved in the management or operation of the Cable System in the Franchise Area, will also comply with the obligations of this Franchise. (F) No rights shall pass to Grantee by implication. Without limiting the foregoing, by way of example and not limitation, this Franchise shall not include or be a substitute for: (1) Any other permit or authorization required for the privilege of transacting and carrying on a business within the City that may be required by the ordinances and laws of the City; (2) Any permit, agreement, or authorization required by the City for Right-of- Way users in connection with operations on or in Rights-of-Way or public property including, by way of example and not limitation, street cut permits; or Packet Pg. 240 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 9 CITY OF FORT COLLINS – COMCAST Final 4-14-15 (3) Any permits or agreements for occupying any other property of the City or private entities to which access is not specifically granted by this Franchise including, without limitation, permits and agreements for placing devices on poles, in conduits or in or on other structures. (G) This Franchise is intended to convey limited rights and interests only as to those Rights-of-Way in which the City has an actual interest. It is not a warranty of title or interest in any Right-of-Way; it does not provide the Grantee with any interest in any particular location within the Right-of-Way; and it does not confer rights other than as expressly provided in the grant hereof. (H) This Franchise does not authorize Grantee to provide Telecommunications Service, or to construct, operate or maintain Telecommunications facilities. This Franchise is not a bar to the provision of non-Cable Services, or to the imposition of any lawful conditions on Grantee with respect to Telecommunications, whether similar, different or the same as the conditions specified herein. This Franchise does not relieve Grantee of any obligation it may have to obtain from the City an authorization to provide Telecommunications Services, or to construct, operate or maintain Telecommunications facilities, or relieve Grantee of its obligation to comply with any such authorizations that may be lawfully required. 2.2 Use of Rights-of-Way (A) Subject to the City's supervision and control, Grantee may erect, install, construct, repair, replace, reconstruct, and retain in, on, over, under, upon, across, and along the Rights-of- Way within the City such wires, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, pedestals, attachments and other property and equipment as are necessary and appurtenant to the operation of a Cable System within the City. Grantee, through this Franchise, is granted extensive and valuable rights to operate its Cable System for profit using the City's Rights-of-Way in compliance with all applicable City construction codes and procedures. As trustee for the public, the City is entitled to fair compensation as provided for in Section 3 of this Franchise to be paid for these valuable rights throughout the term of the Franchise. (B) Grantee must follow City established nondiscriminatory requirements for placement of Cable System facilities in Rights-of-Way, including the specific location of facilities in the Rights-of-Way, and must in any event install Cable System facilities in a manner that minimizes interference with the use of the Rights-of-Way by others, including others that may be installing communications facilities. Within limits reasonably related to the City’s role in protecting public health, safety and welfare, the City may require that Cable System facilities be installed at a particular time, at a specific place or in a particular manner as a condition of access to a particular Right-of-Way; may deny access if Grantee is not willing to comply with City's requirements; and may remove, or require removal of, any facility that is not installed by Grantee in compliance with the requirements established by the City, or which is installed without prior City approval of the time, place or manner of installation, and charge Grantee for Packet Pg. 241 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 10 CITY OF FORT COLLINS – COMCAST Final 4-14-15 all the costs associated with removal; and may require Grantee to cooperate with others to minimize adverse impacts on the Rights-of-Way through joint trenching and other arrangements. 2.3 Effective Date and Term of Franchise This Franchise and the rights, privileges and authority granted hereunder shall take effect on _____________, 2015 (the “Effective Date”), and shall terminate on _______________, 2025 unless terminated sooner as hereinafter provided. 2.4 Franchise Nonexclusive This Franchise shall be nonexclusive, and subject to all prior rights, interests, easements or licenses granted by the City to any Person to use any property, Right-of-Way, right, interest or license for any purpose whatsoever, including the right of the City to use same for any purpose it deems fit, including the same or similar purposes allowed Grantee hereunder. The City may at any time grant authorization to use the Rights-of-Way for any purpose not incompatible with Grantee's authority under this Franchise and for such additional franchises for Cable Systems as the City deems appropriate. 2.5 Police Powers Grantee’s rights hereunder are subject to the police powers of the City to adopt and enforce ordinances necessary to the safety, health, and welfare of the public, and Grantee agrees to comply with all laws and ordinances of general applicability enacted, or hereafter enacted, by the City or any other legally constituted governmental unit having lawful jurisdiction over the subject matter hereof. The City shall have the right to adopt, from time to time, such ordinances as may be deemed necessary in the exercise of its police power; provided that such hereinafter enacted ordinances shall be reasonable and not materially modify the terms of this Franchise. Any conflict between the provisions of this Franchise and any other present or future lawful exercise of the City's police powers shall be resolved in favor of the latter. 2.6 Competitive Equity (A) The Grantee acknowledges and agrees that the City reserves the right to grant one (1) or more additional franchises or other similar lawful authorization to provide Cable Services within the City. If the City grants such an additional franchise or other similar lawful authorization containing material terms and conditions that differ from Grantee’s material obligations under this Franchise, then the City agrees that the obligations in this Franchise will, pursuant to the process set forth in this Section, be amended to include any material terms or conditions that it imposes upon the new entrant, or provide relief from existing material terms or conditions, so as to insure that the regulatory and financial burdens on each entity are materially equivalent. “Material terms and conditions” include, but are not limited to: Franchise Fees and Gross Revenues; insurance; System build-out requirements; security instruments; Public, Packet Pg. 242 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 11 CITY OF FORT COLLINS – COMCAST Final 4-14-15 Education and Government Access Channels and support; customer service standards; required reports and related record keeping; competitive equity (or its equivalent); audits; dispute resolution; remedies; and notice and opportunity to cure breaches. The parties agree that this provision shall not require a word for word identical franchise or authorization for a competitive entity so long as the regulatory and financial burdens on each entity are materially equivalent. Video programming services (as defined in the Cable Act) delivered over wireless broadband networks are specifically exempted from the requirements of this Section. (B) The modification process of this Franchise as provided for in Section 2.6 (A) shall only be initiated by written notice by the Grantee to the City regarding specified franchise obligations. Grantee’s notice shall address the following: (1) identifying the specific terms or conditions in the competitive cable services franchise which are materially different from Grantee’s obligations under this Franchise; (2) identifying the Franchise terms and conditions for which Grantee is seeking amendments; (3) providing text for any proposed Franchise amendments to the City, with a written explanation of why the proposed amendments are necessary and consistent. (C) Upon receipt of Grantee’s written notice as provided in Section 2.6 (B), the City and Grantee agree that they will use best efforts in good faith to negotiate Grantee’s proposed Franchise modifications, and that such negotiation will proceed and conclude within a ninety (90) day time period, unless that time period is reduced or extended by mutual agreement of the parties. If the City and Grantee reach agreement on the Franchise modifications pursuant to such negotiations, then the City shall amend this Franchise to include the modifications. (D) In the alternative to Franchise modification negotiations as provided for in Section 2.6 (C), or if the City and Grantee fail to reach agreement in such negotiations, Grantee may, at its option, elect to replace this Franchise by opting into the franchise or other similar lawful authorization that the City grants to another provider of Cable Services, so as to insure that the regulatory and financial burdens on each entity are equivalent. If Grantee so elects, the City shall immediately commence proceedings to replace this Franchise with the franchise issued to the other Cable Services provider. (E) Notwithstanding anything contained in this Section 2.6(A) through (D) to the contrary, the City shall not be obligated to amend or replace this Franchise unless the new entrant makes Cable Services available for purchase by Subscribers or customers under its franchise agreement with the City. (F) Notwithstanding any provision to the contrary, at any time that non-wireless facilities based entity, legally authorized by state or federal law, makes available for purchase by Subscribers or customers, Cable Services or multiple Channels of video programming within the Franchise Area without a franchise or other similar lawful authorization granted by the City, then: Packet Pg. 243 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 12 CITY OF FORT COLLINS – COMCAST Final 4-14-15 (1) Grantee may negotiate with the City to seek Franchise modifications as per Section 2.6(C) above; or (a) the term of Grantee’s Franchise shall, upon ninety (90) days written notice from Grantee, be shortened so that the Franchise shall be deemed to expire on a date eighteen (18) months from the first day of the month following the date of Grantee’s notice; or, (b) Grantee may assert, at Grantee’s option, that this Franchise is rendered “commercially impracticable,” and invoke the modification procedures set forth in Section 625 of the Cable Act. 2.7 Familiarity with Franchise The Grantee acknowledges and warrants by acceptance of the rights, privileges and agreements granted herein, that it has carefully read and fully comprehends the terms and conditions of this Franchise and is willing to and does accept all lawful and reasonable risks of the meaning of the provisions, terms and conditions herein. The Grantee further acknowledges and states that it has fully studied and considered the requirements and provisions of this Franchise, and finds that the same are commercially practicable at this time, and consistent with all local, State and federal laws and regulations currently in effect, including the Cable Act. 2.8 Effect of Acceptance By accepting the Franchise, the Grantee: (1) acknowledges and accepts the City's legal right to issue and enforce the Franchise; (2) accepts and agrees to comply with each and every provision of this Franchise subject to Applicable Law; and (3) agrees that the Franchise was granted pursuant to processes and procedures consistent with Applicable Law, and that it will not raise any claim to the contrary. SECTION 3. FRANCHISE FEE PAYMENT AND FINANCIAL CONTROLS 3.1 Franchise Fee As compensation for the benefits and privileges granted under this Franchise and in consideration of permission to use the City's Rights-of-Way, Grantee shall continue to pay as a Franchise Fee to the City, throughout the duration of and consistent with this Franchise, an amount equal to five percent (5%) of Grantee's Gross Revenues. 3.2 Payments Grantee's Franchise Fee payments to the City shall be computed quarterly for the preceding calendar quarter ending March 31, June 30, September 30, and December 31. Each Packet Pg. 244 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 13 CITY OF FORT COLLINS – COMCAST Final 4-14-15 quarterly payment shall be due and payable no later than thirty (30) days after said dates. 3.3 Acceptance of Payment and Recomputation No acceptance of any payment shall be construed as an accord by the City that the amount paid is, in fact, the correct amount, nor shall any acceptance of payments be construed as a release of any claim the City may have for further or additional sums payable or for the performance of any other obligation of Grantee. 3.4 Quarterly Franchise Fee Reports Each payment shall be accompanied by a written report to the City, or concurrently sent under separate cover, verified by an authorized representative of Grantee, containing an accurate statement in summarized form, as well as in detail, of Grantee's Gross Revenues and the computation of the payment amount. Such reports shall detail all Gross Revenues of the Cable System. 3.5 Annual Franchise Fee Reports Grantee shall, within sixty (60) days after the end of each year, furnish to the City a statement stating the total amount of Gross Revenues for the year and all payments, deductions and computations for the period. 3.6 Audits On an annual basis, upon thirty (30) days prior written notice, the City, including the City’s Auditor or his/her authorized representative, shall have the right to conduct an independent audit/review of Grantee's records reasonably related to the administration or enforcement of this Franchise. Pursuant to subsection 1.29, as part of the Franchise Fee audit/review the City shall specifically have the right to review relevant data related to the allocation of revenue to Cable Services in the event Grantee offers Cable Services bundled with non-Cable Services. For purposes of this section, “relevant data” shall include, at a minimum, Grantee’s records, produced and maintained in the ordinary course of business, showing the subscriber counts per package and the revenue allocation per package for each package that was available for City subscribers during the audit period. To the extent that the City does not believe that the relevant data supplied is sufficient for the City to complete its audit/review, the City may require other relevant data. For purposes of this Section 3.6, the “other relevant data” shall generally mean all: (1) billing reports, (2) financial reports (such as General Ledgers) and (3) sample customer bills used by Grantee to determine Gross Revenues for the Franchise Area that would allow the City to recompute the Gross Revenue determination. If the audit/review shows that Franchise Fee payments have been underpaid by five percent (5%) or more (or such other contract underpayment threshold as set forth in a generally applicable and enforceable regulation or policy of the City related to audits), Grantee shall pay the total cost of the Packet Pg. 245 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 14 CITY OF FORT COLLINS – COMCAST Final 4-14-15 audit/review, such cost not to exceed fifteen thousand dollars ($15,000). The City’s right to audit/review and the Grantee’s obligation to retain records related to this subsection shall expire three (3) years after each Franchise Fee payment has been made to the City. 3.7 Late Payments In the event any payment due quarterly is not received within thirty (30) days from the end of the calendar quarter, Grantee shall pay interest on the amount due (at the prime rate as listed in the Wall Street Journal on the date the payment was due), compounded daily, calculated from the date the payment was originally due until the date the City receives the payment. 3.8 Underpayments If a net Franchise Fee underpayment is discovered as the result of an audit, Grantee shall pay interest at the rate of the eight percent (8%) per annum, compounded quarterly, calculated from the date each portion of the underpayment was originally due until the date Grantee remits the underpayment to the City. 3.9 Alternative Compensation In the event the obligation of Grantee to compensate the City through Franchise Fee payments is lawfully suspended or eliminated, in whole or part, then Grantee shall pay to the City compensation equivalent to the compensation paid to the City by other similarly situated users of the City's Rights-of-Way for Grantee's use of the City's Rights-of-Way, provided that in no event shall such payments exceed the equivalent of five percent (5%) of Grantee's Gross Revenues (subject to the other provisions contained in this Franchise), to the extent consistent with Applicable Law. 3.10 Maximum Legal Compensation The parties acknowledge that, at present, applicable federal law limits the City to collection of a maximum permissible Franchise Fee of five percent (5%) of Gross Revenues. In the event that at any time during the duration of this Franchise, the City is authorized to collect an amount in excess of five percent (5%) of Gross Revenues, then this Franchise may be amended unilaterally by the City to provide that such excess amount shall be added to the Franchise Fee payments to be paid by Grantee to the City hereunder, provided that Grantee has received at least ninety (90) days prior written notice from the City of such amendment, so long as all cable operators in the City are paying the same Franchise Fee amount. 3.11 Additional Commitments Not Franchise Fee Payments No term or condition in this Franchise, including the funding required by Section 9, shall in any way modify or affect Grantee's obligation to pay Franchise Fees. Although the total sum Packet Pg. 246 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 15 CITY OF FORT COLLINS – COMCAST Final 4-14-15 of Franchise Fee payments and additional commitments set forth elsewhere in this Franchise may total more than five percent (5%) of Grantee's Gross Revenues in any twelve (12) month period, Grantee agrees that the additional commitments herein are not Franchise Fees as defined under any federal law, nor are they to be offset or credited against any Franchise Fee payments due to the City, nor do they represent an increase in Franchise Fees. 3.12 Tax Liability The Franchise Fees shall be in addition to any and all taxes or other levies or assessments which are now or hereafter required to be paid by businesses in general by any law of the City, the State or the United States including, without limitation, sales, use and other taxes, business license fees or other payments. Payment of the Franchise Fees under this Franchise shall not exempt Grantee from the payment of any other license fee, permit fee, tax or charge on the business, occupation, property or income of Grantee that may be lawfully imposed by the City. Any other license fees, taxes or charges shall be of general applicability in nature and shall not be levied against Grantee solely because of its status as a Cable Operator, or against Subscribers, solely because of their status as such. 3.13 Financial Records Grantee agrees to meet with a representative of the City upon request to review Grantee's methodology of record-keeping, financial reporting, the computing of Franchise Fee obligations and other procedures, the understanding of which the City deems necessary for reviewing reports and records. 3.14 Payment on Termination If this Franchise terminates for any reason, the Grantee shall file with the City within ninety (90) calendar days of the date of the termination, a financial statement, certified by an independent certified public accountant, showing the Gross Revenues received by the Grantee since the end of the previous fiscal year. The City reserves the right to satisfy any remaining financial obligations of the Grantee to the City by utilizing the funds available in the letter of credit or other security provided by the Grantee. SECTION 4. ADMINISTRATION AND REGULATION 4.1 Authority (A) The City shall be vested with the power and right to reasonably regulate the exercise of the privileges permitted by this Franchise in the public interest, or to delegate that power and right, or any part thereof, to the extent permitted under Federal, State and local law, to any agent, in its sole discretion. Packet Pg. 247 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 16 CITY OF FORT COLLINS – COMCAST Final 4-14-15 (B) Nothing in this Franchise shall limit nor expand the City's right of eminent domain under State law. 4.2 Rates and Charges All of Grantee’s rates and charges related to or regarding Cable Services shall be subject to regulation by the City to the full extent authorized by applicable federal, State and local laws. 4.3 Rate Discrimination All of Grantee’s rates and charges shall be published (in the form of a publicly-available rate card) and be non-discriminatory as to all Persons and organizations of similar classes, under similar circumstances and conditions. Grantee shall apply its rates in accordance with Applicable Law, with identical rates and charges for all Subscribers receiving identical Cable Services, without regard to race, color, ethnic or national origin, religion, age, sex, sexual orientation, marital, military or economic status, or physical or mental disability or geographic location within the City. Grantee shall offer the same Cable Services to all Residential Subscribers at identical rates to the extent required by Applicable Law and to Multiple Dwelling Unit Subscribers to the extent authorized by FCC rules or applicable Federal law. Grantee shall permit Subscribers to make any lawful in-residence connections the Subscriber chooses without additional charge nor penalizing the Subscriber therefor. However, if any in-home connection requires service from Grantee due to signal quality, signal leakage or other factors, caused by improper installation of such in-home wiring or faulty materials of such in-home wiring, the Subscriber may be charged reasonable service charges by Grantee. Nothing herein shall be construed to prohibit: (A) The temporary reduction or waiving of rates or charges in conjunction with valid promotional campaigns; or, (B) The offering of reasonable discounts to senior citizens or economically disadvantaged citizens; or, (C) The offering of rate discounts for Cable Service; or, (D) The Grantee from establishing different and nondiscriminatory rates and charges and classes of service for Commercial Subscribers, as allowable by federal law and regulations. 4.4 Filing of Rates and Charges (A) Throughout the term of this Franchise, Grantee shall maintain on file with the City a complete schedule of applicable rates and charges for Cable Services provided under this Franchise. Nothing in this subsection shall be construed to require Grantee to file rates and charges under temporary reductions or waivers of rates and charges in conjunction with Packet Pg. 248 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 17 CITY OF FORT COLLINS – COMCAST Final 4-14-15 promotional campaigns. (B) Upon request of the City, Grantee shall provide a complete schedule of current rates and charges for any and all Leased Access Channels, or portions of such Channels, provided by Grantee. The schedule shall include a description of the price, terms, and conditions established by Grantee for Leased Access Channels. 4.5 Cross Subsidization Grantee shall comply with all Applicable Laws regarding rates for Cable Services and all Applicable Laws covering issues of cross subsidization. 4.6 Reserved Authority Both Grantee and the City reserve all rights they may have under the Cable Act and any other relevant provisions of federal, State, or local law. 4.7 Time Limits Strictly Construed Whenever this Franchise sets forth a time for any act to be performed by Grantee, such time shall be deemed to be of the essence, and any failure of Grantee to perform within the allotted time may be considered a breach of this Franchise, and sufficient grounds for the City to invoke any relevant remedy in accordance with Section 13.1 of this Franchise. 4.8 Franchise Amendment Procedure Either party may at any time seek an amendment of this Franchise by so notifying the other party in writing. Within thirty (30) days of receipt of notice, the City and Grantee shall meet to discuss the proposed amendment(s). If the parties reach a mutual agreement upon the suggested amendment(s), such amendment(s) shall be submitted to the City Council for its approval. If so approved by the City Council and the Grantee, then such amendment(s) shall be deemed part of this Franchise. If mutual agreement is not reached, there shall be no amendment. 4.9 Performance Evaluations (A) The City may hold performance evaluation sessions upon ninety (90) days written notice, provided that such evaluation sessions shall be held no more frequently than once every two (2) years. All such evaluation sessions shall be conducted by the City. (B) Special evaluation sessions may be held at any time by the City during the term of this Franchise, upon ninety (90) days written notice to Grantee. Packet Pg. 249 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 18 CITY OF FORT COLLINS – COMCAST Final 4-14-15 (C) All regular evaluation sessions shall be open to the public and announced at least two (2) weeks in advance in any manner within the discretion of the City. Grantee shall also include with or on the Subscriber billing statements for the billing period immediately preceding the commencement of the session, written notification of the date, time, and place of the regular performance evaluation session, and any special evaluation session as required by the City, provided Grantee receives appropriate advance notice. (D) Topics which may be discussed at any evaluation session may include, but are not limited to, Cable Service rate structures; Franchise Fee payments; liquidated damages; free or discounted Cable Services; application of new technologies; Cable System performance; Cable Services provided; programming offered; Subscriber complaints; privacy; amendments to this Franchise; judicial and FCC rulings; line extension policies; and the City or Grantee's rules; provided that nothing in this subsection shall be construed as requiring the renegotiation of this Franchise. (E) During evaluations under this subsection, Grantee shall fully cooperate with the City and shall provide such information and documents as the City may reasonably require to perform the evaluation. 4.10 Late Fees (A) For purposes of this subsection, any assessment, charge, cost, fee or sum, however characterized, that the Grantee imposes upon a Subscriber solely for late payment of a bill is a late fee and shall be applied in accordance with the City’s Customer Service Standards, as the same may be amended from time to time by the City Council acting by ordinance or resolution, or as the same may be superseded by legislation or final court order. (B) Nothing in this subsection shall be deemed to create, limit or otherwise affect the ability of the Grantee, if any, to impose other assessments, charges, fees or sums other than those permitted by this subsection, for the Grantee's other services or activities it performs in compliance with Applicable Law, including FCC law, rule or regulation. (C) The Grantee's late fee and disconnection policies and practices shall be nondiscriminatory and such policies and practices, and any fees imposed pursuant to this subsection, shall apply equally in all parts of the City without regard to the neighborhood or income level of the Subscriber. 4.11 Force Majeure In the event Grantee is prevented or delayed in the performance of any of its obligations under this Franchise by reason beyond the control of Grantee, Grantee shall have a reasonable time, under the circumstances, to perform the affected obligation under this Franchise or to procure a substitute for such obligation which is satisfactory to the City. Those conditions which Packet Pg. 250 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 19 CITY OF FORT COLLINS – COMCAST Final 4-14-15 are not within the control of Grantee include, but are not limited to, natural disasters, civil disturbances, work stoppages or labor disputes, power outages, telephone network outages, and severe or unusual weather conditions which have a direct and substantial impact on the Grantee’s ability to provide Cable Services in the City and which was not caused and could not have been avoided by the Grantee which used its best efforts in its operations to avoid such results. If Grantee believes that a reason beyond its control has prevented or delayed its compliance with the terms of this Franchise, Grantee shall provide documentation as reasonably required by the City to substantiate the Grantee’s claim. If Grantee has not yet cured the deficiency, Grantee shall also provide the City with its proposed plan for remediation, including the timing for such cure. SECTION 5. FINANCIAL AND INSURANCE REQUIREMENTS 5.1 Indemnification (A) General Indemnification. Grantee shall indemnify, defend and hold the City, its officers, officials, boards, commissions, agents and employees, harmless from any action or claim for injury, damage, loss, liability, cost or expense, including court and appeal costs and reasonable attorneys' fees or reasonable expenses, arising from any casualty or accident to Person or property, including, without limitation, copyright infringement, defamation, and all other damages in any way arising out of, or by reason of, any construction, excavation, operation, maintenance, reconstruction, or any other act done under this Franchise, by or for Grantee, its agents, or its employees, or by reason of any neglect or omission of Grantee. Grantee shall consult and cooperate with the City while conducting its defense of the City. (B) Indemnification for Relocation. Grantee shall indemnify the City for any damages, claims, additional costs or reasonable expenses assessed against, or payable by, the City arising out of, or resulting from, directly or indirectly, Grantee's failure to remove, adjust or relocate any of its facilities in the Rights-of-Way in a timely manner in accordance with any relocation required by the City. (C) Additional Circumstances. Grantee shall also indemnify, defend and hold the City harmless for any claim for injury, damage, loss, liability, cost or expense, including court and appeal costs and reasonable attorneys' fees or reasonable expenses in any way arising out of: (1) The lawful actions of the City in granting this Franchise to the extent such actions are consistent with this Franchise and Applicable Law. (2) Damages arising out of any failure by Grantee to secure consents from the owners, authorized distributors, or licensees/licensors of programs to be delivered by the Cable System, whether or not any act or omission complained of is authorized, allowed or prohibited by this Franchise. Packet Pg. 251 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 20 CITY OF FORT COLLINS – COMCAST Final 4-14-15 (D) Procedures and Defense. If a claim or action arises, the City or any other indemnified party shall promptly tender the defense of the claim to Grantee, which defense shall be at Grantee’s expense. The City may participate in the defense of a claim, but if Grantee provides a defense at Grantee’s expense then Grantee shall not be liable for any attorneys’ fees, expenses or other costs that City may incur if it chooses to participate in the defense of a claim, unless and until separate representation as described below in Paragraph 5.1(F) is required. In that event the provisions of Paragraph 5.1(F) shall govern Grantee’s responsibility for City’s/County’s/Town’s attorney’s fees, expenses or other costs. In any event, Grantee may not agree to any settlement of claims affecting the City without the City's approval. (E) Non-waiver. The fact that Grantee carries out any activities under this Franchise through independent contractors shall not constitute an avoidance of or defense to Grantee's duty of defense and indemnification under this subsection. (F) Expenses. If separate representation to fully protect the interests of both parties is or becomes necessary, such as a conflict of interest between the City and the counsel selected by Grantee to represent the City, Grantee shall pay, from the date such separate representation is required forward, all reasonable expenses incurred by the City in defending itself with regard to any action, suit or proceeding indemnified by Grantee. Provided, however, that in the event that such separate representation is or becomes necessary, and City desires to hire counsel or any other outside experts or consultants and desires Grantee to pay those expenses, then City shall be required to obtain Grantee’s consent to the engagement of such counsel, experts or consultants, such consent not to be unreasonably withheld. The City's expenses shall include all reasonable out-of-pocket expenses, such as consultants' fees, and shall also include the reasonable value of any services rendered by the City Attorney or his/her assistants or any employees of the City or its agents but shall not include outside attorneys’ fees for services that are unnecessarily duplicative of services provided the City by Grantee. 5.2 Insurance (A) Grantee shall maintain in full force and effect at its own cost and expense each of the following policies of insurance: (1) Commercial General Liability insurance with limits of no less than one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) general aggregate. Coverage shall be at least as broad as that provided by ISO CG 00 01 1/96 or its equivalent and include severability of interests. Such insurance shall name the City, its officers, officials and employees as additional insureds per ISO CG 2026 or its equivalent. There shall be a waiver of subrogation and rights of recovery against the City, its officers, officials and employees. Coverage shall apply as to claims between insureds on the policy, if applicable. Packet Pg. 252 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 21 CITY OF FORT COLLINS – COMCAST Final 4-14-15 (2) Commercial Automobile Liability insurance with minimum combined single limits of one million dollars ($1,000,000.00) each occurrence with respect to each of Grantee’s owned, hired and non-owned vehicles assigned to or used in the operation of the Cable System in the City. The policy shall contain a severability of interests provision. (B) The insurance shall not be canceled or materially changed so as to be out of compliance with these requirements without thirty (30) days' written notice first provided to the City, via certified mail, and ten (10) days' notice for nonpayment of premium. If the insurance is canceled or materially altered so as to be out of compliance with the requirements of this subsection within the term of this Franchise, Grantee shall provide a replacement policy. Grantee agrees to maintain continuous uninterrupted insurance coverage, in at least the amounts required, for the duration of this Franchise and, in the case of the Commercial General Liability, for at least one (1) year after expiration of this Franchise. 5.3 Deductibles / Certificate of Insurance Any deductible of the policies shall not in any way limit Grantee's liability to the City. (A) Endorsements. (1) All policies shall contain, or shall be endorsed so that: (a) The City, its officers, officials, boards, commissions, employees and agents are to be covered as, and have the rights of, additional insureds with respect to liability arising out of activities performed by, or on behalf of, Grantee under this Franchise or Applicable Law, or in the construction, operation or repair, or ownership of the Cable System; (b) Grantee's insurance coverage shall be primary insurance with respect to the City, its officers, officials, boards, commissions, employees and agents. Any insurance or self-insurance maintained by the City, its officers, officials, boards, commissions, employees and agents shall be in excess of the Grantee's insurance and shall not contribute to it; and (c) Grantee's insurance shall apply separately to each insured against whom a claim is made or lawsuit is brought, except with respect to the limits of the insurer's liability. (B) Acceptability of Insurers. The insurance obtained by Grantee shall be placed with insurers with a Best's rating of no less than "A- VI." Packet Pg. 253 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 22 CITY OF FORT COLLINS – COMCAST Final 4-14-15 (C) Verification of Coverage. The Grantee shall furnish the City with certificates of insurance and endorsements or a copy of the page of the policy reflecting blanket additional insured status. The certificates and endorsements for each insurance policy are to be signed by a Person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements for each insurance policy are to be on standard forms or such forms as are consistent with standard industry practices. (D) Self-Insurance In the alternative to providing a certificate of insurance to the City certifying insurance coverage as required above, Grantee may provide self-insurance in the same amount and level of protection for Grantee and City, its officers, agents and employees as otherwise required under this Section. The adequacy of self-insurance shall be subject to the periodic review and approval of the City. 5.4 Letter of Credit (A) If there is a claim by the City of an uncured breach by Grantee of a material provision of this Franchise or pattern of repeated violations of any provision(s) of this Franchise, then the City may require and Grantee shall establish and provide within thirty (30) days from receiving notice from the City, to the City as security for the faithful performance by Grantee of all of the provisions of this Franchise, a letter of credit from a financial institution satisfactory to the City in the amount of fifty thousand dollars ($50,000). (B) In the event that Grantee establishes a letter of credit pursuant to the procedures of this Section, then the letter of credit shall be maintained at fifty thousand dollars ($50,000) until the allegations of the uncured breach have been resolved. (C) As an alternative to the provision of a Letter of Credit to the City as set forth in Subsections 5.4 (A) and (B) above, if the City is a member of CCUA, and if Grantee provides a Letter of Credit to CCUA in an amount agreed to between Grantee and CCUA for the benefit of its members, in order to collectively address claims reference in 5.4 (A), Grantee shall not be required to provide a separate Letter of Credit to the City. (D) After completion of the procedures set forth in Section 13.1 or other applicable provisions of this Franchise, the letter of credit may be drawn upon by the City for purposes including, but not limited to, the following: (1) Failure of Grantee to pay the City sums due under the terms of this Franchise; (2) Reimbursement of costs borne by the City to correct Franchise violations not corrected by Grantee; Packet Pg. 254 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 23 CITY OF FORT COLLINS – COMCAST Final 4-14-15 (3) Monetary remedies or damages assessed against Grantee due to default or breach of Franchise requirements; and, (4) Failure to comply with the Customer Service Standards of the City, as the same may be amended from time to time by the City Council acting by ordinance or resolution. (E) The City shall give Grantee written notice of any withdrawal under this subsection upon such withdrawal. Within seven (7) days following receipt of such notice, Grantee shall restore the letter of credit to the amount required under this Franchise. (F) Grantee shall have the right to appeal to the City Council for reimbursement in the event Grantee believes that the letter of credit was drawn upon improperly. Grantee shall also have the right of judicial appeal if Grantee believes the letter of credit has not been properly drawn upon in accordance with this Franchise. Any funds the City erroneously or wrongfully withdraws from the letter of credit shall be returned to Grantee with interest, from the date of withdrawal at a rate equal to the prime rate of interest as quoted in the Wall Street Journal. SECTION 6. CUSTOMER SERVICE 6.1 Customer Service Standards Grantee shall comply with Customer Service Standards of the City, as the same may be amended from time to time by the City Council in its sole discretion, acting by ordinance. Any requirement in Customer Service Standards for a “local” telephone number may be met by the provision of a toll-free number. The Customer Services Standards in effect as of the Effective Date of this Franchise are attached as Exhibit A. Grantee reserves the right to challenge any customer service ordinance which it believes is inconsistent with its contractual rights under this Franchise. 6.2 Subscriber Privacy (A) The Grantee’s provision of Cable Service shall be subject to the provisions of Applicable Law regarding limitations on the Grantee's collection and use of personally identifiable information, and the protection of subscriber privacy. (B) Nothing in this Franchise shall be read to limit the City's right to adopt other consumer or customer protection laws regarding Grantee’s collection and use of personally identifiable information and the protection of subscriber privacy consistent with Applicable Law, and to apply those laws to Grantee. Packet Pg. 255 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 24 CITY OF FORT COLLINS – COMCAST Final 4-14-15 6.3 Subscriber Contracts Grantee shall not enter into a contract with any Subscriber which is in any way inconsistent with the terms of this Franchise, or any Exhibit hereto, or the requirements of any applicable Customer Service Standard. Upon request, Grantee will provide to the City a sample of the Subscriber contract or service agreement then in use. 6.4 Advance Notice to City The Grantee shall use reasonable efforts to furnish information provided to Subscribers or the media in the normal course of business to the City in advance. 6.5 Identification of Local Franchise Authority on Subscriber Bills Within sixty (60) days after written request from the City, Grantee shall place the City’s phone number on its Subscriber bills, to identify where a Subscriber may call to address escalated complaints. SECTION 7. REPORTS AND RECORDS 7.1 Open Records Grantee shall manage all of its operations in accordance with a policy of keeping its documents and records open and accessible to the City. The City, including the City’s Auditor or his/her authorized representative, shall have access to, and the right to inspect, any books and records of Grantee, its parent corporations and Affiliates which are reasonably related to the administration or enforcement of the terms of this Franchise. Grantee shall not deny the City access to any of Grantee's records on the basis that Grantee's records are under the control of any parent corporation, Affiliate or a third party. The City may, in writing, request copies of any such records or books and Grantee shall provide such copies within thirty (30) days of the transmittal of such request. One (1) copy of all reports and records required under this or any other subsection shall be furnished to the City, at the sole expense of Grantee. If the requested books and records are too voluminous, or for security reasons cannot be copied or removed, then Grantee may request, in writing within ten (10) days, that the City inspect them at Grantee's local offices. If any books or records of Grantee are not kept in a local office and not made available in copies to the City upon written request as set forth above, and if the City determines that an examination of such records is necessary or appropriate for the performance of any of the City's duties, administration or enforcement of this Franchise, then all reasonable travel and related expenses incurred in making such examination shall be paid by Grantee. Packet Pg. 256 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 25 CITY OF FORT COLLINS – COMCAST Final 4-14-15 7.2 Confidentiality The City agrees to treat as confidential any books or records that constitute proprietary or confidential information under federal or State law, to the extent Grantee makes the City aware of such confidentiality. Grantee shall be responsible for clearly and conspicuously stamping the word "Confidential" on each page that contains confidential or proprietary information, and shall provide a brief written explanation as to why such information is confidential under State or federal law. If the City believes it must release any such confidential books and records in the course of enforcing this Franchise, or for any other reason, it shall advise Grantee in advance so that Grantee may take appropriate steps to protect its interests. If the City receives a demand from any Person for disclosure of any information designated by Grantee as confidential, the City shall, so far as consistent with Applicable Law, advise Grantee and provide Grantee with a copy of any written request by the party demanding access to such information within a reasonable time. Until otherwise ordered by a court or agency of competent jurisdiction, the City agrees that, to the extent permitted by State and federal law, it shall deny access to any of Grantee's books and records marked confidential as set forth above to any Person. Grantee shall reimburse the City for all reasonable costs and attorneys fees incurred in any legal proceedings pursued under this Section. 7.3 Records Required (A) Grantee shall at all times maintain, and shall furnish to the City upon 30 days written request and subject to Applicable Law: (1) A complete set of maps showing the exact location of all Cable System equipment and facilities in the Right-of-Way, but excluding detail on proprietary electronics contained therein and Subscriber drops. As-built maps including proprietary electronics shall be available at Grantee's offices for inspection by the City’s authorized representative(s) or agent(s) and made available to such during the course of technical inspections as reasonably conducted by the City. These maps shall be certified as accurate by an appropriate representative of the Grantee; (2) A copy of all FCC filings on behalf of Grantee, its parent corporations or Affiliates which relate to the operation of the Cable System in the City; (3) Current Subscriber Records and information; (4) A log of Cable Services added or dropped, Channel changes, number of Subscribers added or terminated, all construction activity, and total homes passed for the previous twelve (12) months; and (5) A list of Cable Services, rates and Channel line-ups. Packet Pg. 257 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 26 CITY OF FORT COLLINS – COMCAST Final 4-14-15 (B) Subject to subsection 7.2, all information furnished to the City is public information, and shall be treated as such, except for information involving the privacy rights of individual Subscribers. 7.4 Annual Reports Within sixty (60) days of the City’s written request, Grantee shall submit to the City a written report, in a form acceptable to the City, which shall include, but not necessarily be limited to, the following information for the City: (A) A Gross Revenue statement, as required by subsection 3.5 of this Franchise; (B) A summary of the previous year's activities in the development of the Cable System, including, but not limited to, Cable Services begun or discontinued during the reporting year, and the number of Subscribers for each class of Cable Service (i.e., Basic, Digital Starter, and Premium); (C) The number of homes passed, beginning and ending plant miles, any services added or dropped, and any technological changes occurring in the Cable System; (D) A statement of planned construction, if any, for the next year; and, (E) A copy of the most recent annual report Grantee filed with the SEC or other governing body. The parties agree that the City’s request for these annual reports shall remain effective, and need only be made once. Such a request shall require the Grantee to continue to provide the reports annually, until further written notice from the City to the contrary. 7.5 Copies of Federal and State Reports Within thirty (30) days of a written request, Grantee shall submit to the City copies of all pleadings, applications, notifications, communications and documents of any kind, submitted by Grantee or its parent corporation(s), to any federal, State or local courts, regulatory agencies and other government bodies if such documents directly relate to the operations of Grantee's Cable System within the City. Grantee shall not claim confidential, privileged or proprietary rights to such documents unless under federal, State, or local law such documents have been determined to be confidential by a court of competent jurisdiction, or a federal or State agency. 7.6 Complaint File and Reports (A) Grantee shall keep an accurate and comprehensive file of any complaints regarding the Cable System, in a manner consistent with the privacy rights of Subscribers, and Packet Pg. 258 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 27 CITY OF FORT COLLINS – COMCAST Final 4-14-15 Grantee's actions in response to those complaints. These files shall remain available for viewing to the City during normal business hours at Grantee’s local business office. (B) Within thirty (30) days of a written request, Grantee shall provide the City a quarterly executive summary in the form attached hereto as Exhibit B, which shall include the following information from the preceding quarter: (1) A summary of service calls, identifying the number and nature of the requests and their disposition; (2) A log of all service interruptions; (3) A summary of customer complaints referred by the City to Grantee; and, (4) Such other information as reasonably requested by the City. The parties agree that the City’s request for these summary reports shall remain effective, and need only be made once. Such a request shall require the Grantee to continue to provide the reports quarterly, until further written notice from the City to the contrary. 7.7 Failure to Report The failure or neglect of Grantee to file any of the reports or filings required under this Franchise or such other reports as the City may reasonably request (not including clerical errors or errors made in good faith), may, at the City 's option, be deemed a breach of this Franchise. 7.8 False Statements Any false or misleading statement or representation in any report required by this Franchise (not including clerical errors or errors made in good faith) may be deemed a material breach of this Franchise and may subject Grantee to all remedies, legal or equitable, which are available to the City under this Franchise or otherwise. SECTION 8. PROGRAMMING 8.1 Broad Programming Categories Grantee shall provide or enable the provision of at least the following initial broad categories of programming to the extent such categories are reasonably available: (A) Educational programming; (B) Colorado news, weather & information; Packet Pg. 259 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 28 CITY OF FORT COLLINS – COMCAST Final 4-14-15 (C) Sports; (D) General entertainment (including movies); (E) Children/family-oriented; (F) Arts, culture and performing arts; (G) Foreign language; (H) Science/documentary; (I) National news, weather and information; (J) Travel/outdoors; and (K) Public, Educational and Government Access, to the extent required by this Franchise. 8.2 Deletion or Reduction of Broad Programming Categories (A) Grantee shall not delete or so limit as to effectively delete any broad category of programming within its control without the prior written consent of the City. (B) In the event of a modification proceeding under federal law, the mix and quality of Cable Services provided by Grantee on the Effective Date of this Franchise shall be deemed the mix and quality of Cable Services required under this Franchise throughout its term. 8.3 Obscenity Grantee shall not transmit, or permit to be transmitted over any Channel subject to its editorial control, any programming which is obscene under, or violates any provision of, Applicable Law relating to obscenity, and is not protected by the Constitution of the United States. Grantee shall be deemed to have transmitted or permitted a transmission of obscene programming only if a court of competent jurisdiction has found that any of Grantee's officers or employees or agents have permitted programming which is obscene under, or violative of, any provision of Applicable Law relating to obscenity, and is otherwise not protected by the Constitution of the United States, to be transmitted over any Channel subject to Grantee's editorial control. Grantee shall comply with all relevant provisions of federal law relating to obscenity. Packet Pg. 260 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 29 CITY OF FORT COLLINS – COMCAST Final 4-14-15 8.4 Parental Control Device Upon request by any Subscriber, Grantee shall make available a parental control or lockout device, traps or filters to enable a Subscriber to control access to both the audio and video portions of any or all Channels. Grantee shall inform its Subscribers of the availability of the lockout device at the time of their initial subscription and periodically thereafter. Any device offered shall be at a rate, if any, in compliance with Applicable Law. 8.5 Continuity of Service Mandatory (A) It shall be the right of all Subscribers to continue to receive Cable Service from Grantee insofar as their financial and other obligations to Grantee are honored. The Grantee shall act so as to ensure that all Subscribers receive continuous, uninterrupted Cable Service regardless of the circumstances. For the purposes of this subsection, "uninterrupted" does not include short- term outages of the Cable System for maintenance or testing. (B) In the event of a change of grantee, or in the event a new Cable Operator acquires the Cable System in accordance with this Franchise, Grantee shall cooperate with the City, new franchisee or Cable Operator in maintaining continuity of Cable Service to all Subscribers. During any transition period, Grantee shall be entitled to the revenues for any period during which it operates the Cable System, and shall be entitled to reasonable costs for its services when it no longer operates the Cable System. (C) In the event Grantee fails to operate the Cable System for ninety-six (96) hours in any seven (7) day period without prior approval of the Manager, or without just cause, the City may, at its option, operate the Cable System itself or designate another Cable Operator until such time as Grantee restores service under conditions acceptable to the City or a permanent Cable Operator is selected. If the City is required to fulfill this obligation for Grantee, Grantee shall reimburse the City for all reasonable costs or damages that are the result of Grantee's failure to perform. 8.6 Services for the Disabled Grantee shall comply with the Americans with Disabilities Act and any amendments thereto. SECTION 9. ACCESS 9.1 Designated Access Providers (A) The City shall have the sole and exclusive responsibility for identifying the Designated Access Providers, including itself for Access purposes, to control and manage the use of any or all Access Facilities provided by Grantee under this Franchise. As used in this Section, Packet Pg. 261 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 30 CITY OF FORT COLLINS – COMCAST Final 4-14-15 such “Access Facilities” includes the Channels, services, facilities, equipment, technical components and/or financial support provided under this Franchise, which is used or useable by and for Public Access, Educational Access, and Government Access (“PEG” or “PEG Access”). (B) Grantee shall cooperate with City in City’s efforts to provide Access programming, but will not be responsible or liable for any damages resulting from a claim in connection with the programming placed on the Access Channels by the Designated Access Provider. 9.2 Channel Capacity and Use (A) Grantee shall make available to City up to seven (7) Downstream Channels for PEG use as provided for in this Section. (B) Grantee shall have the right to temporarily use any Channel, or portion thereof, which is allocated under this Section for Public, Educational, or Governmental Access use, within sixty (60) days after a written request for such use is submitted to City, if such Channel is not "fully utilized" as defined herein. A Channel shall be considered fully utilized if substantially unduplicated programming is delivered over it more than an average of 38 hours per week over a six (6) month period. Programming that is repeated on an Access Channel up to two times per day shall be considered “unduplicated programming.” Character-generated programming shall be included for purposes of this subsection, but may be counted towards the total average hours only with respect to two (2) Channels provided to City. If a Channel allocated for Public, Educational, or Governmental Access use will be used by Grantee in accordance with the terms of this subsection, the institution to which the Channel has been allocated shall have the right to require the return of the Channel or portion thereof. City shall request return of such Channel space by delivering written notice to Grantee stating that the institution is prepared to fully utilize the Channel, or portion thereof, in accordance with this subsection. In such event, the Channel or portion thereof shall be returned to such institution within sixty (60) days after receipt by Grantee of such written notice. (C) Standard Definition (“SD”) Digital Access Channels. (1) Grantee shall provide five (5) Activated Downstream Channels for PEG Access use in a standard definition (“SD”) digital format in Grantee’s Basic Service (“SD Access Channel”), one each for the Poudre School District, Colorado State University, and Public Access, and two for the City of Fort Collins. Grantee shall carry all components of the SD Access Channel Signals provided by a Designated Access Provider including, but not limited to, closed captioning, stereo audio and other elements associated with the Programming. A Designated Access Provider shall be responsible for providing the SD Access Channel Signal in an SD format to the demarcation point at the designated point of origination for the SD Access Channel. Grantee shall transport and distribute the SD Access Channel signal on its Cable System and shall not unreasonably Packet Pg. 262 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 31 CITY OF FORT COLLINS – COMCAST Final 4-14-15 discriminate against SD Access Channels with respect to accessibility, functionality and to the application of any applicable Federal Communications Commission Rules & Regulations, including without limitation Subpart K Channel signal standards. (2) With respect to signal quality, Grantee shall not be required to carry a SD Access Channel in a higher quality format than that of the SD Access Channel signal delivered to Grantee, but Grantee shall distribute the SD Access Channel signal without degradation. Upon reasonable written request by a Designated Access Provider, Grantee shall verify signal delivery to Subscribers with the Designated Access Provider, consistent with the requirements of this Section 9.2(C). (3) Grantee shall be responsible for costs associated with the transmission of SD Access signals on its side of the demarcation point which for the purposes of this Section 9.2 (C)(3), shall mean up to and including the modulator where the City signal is converted into a format to be transmitted over a fiber connection to Grantee. The City or Designated Access Provider shall be responsible for costs associated with SD Access signal transmission on its side of the demarcation point. (4) SD Access Channels may require Subscribers to buy or lease special equipment, available to all Subscribers, and subscribe to those tiers of Cable Service, upon which SD channels are made available. Grantee is not required to provide free SD equipment to Subscribers, including complimentary government and educational accounts, nor modify its equipment or pricing policies in any manner. (D) High Definition (“HD”) Digital Access Channels. (1) After the Effective Date and with at least one hundred twenty (120) days written notice, Grantee shall activate one (1) HD Access Channel, for which the City may provide Access Channel signals in HD format to the demarcation point at the designated point of origination for the Access Channel. After the first anniversary of the Effective Date, and with at least 120 day written notice to Grantee, the City may request, and Grantee shall provide on its Cable System, one (1) additional Activated Downstream Channel for PEG Access use in a High Definition (“HD”) digital format (“HD Access Channel or Channels”). Activation of such HD Access Channels shall only occur after the following conditions are satisfied: (a) The City shall, in its written notice to Grantee as provided for in this Section, confirm that it or its Designated Access Provider has the capabilities to produce, has been producing and will produce programming in an HD format for the newly activated HD Access Channel(s); and, (b) There will be a minimum of five (5) hours per-day, five days per-week of HD PEG programming available for each HD Access Channel. Packet Pg. 263 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 32 CITY OF FORT COLLINS – COMCAST Final 4-14-15 (2) The City shall be responsible for providing the HD Access Channel signal in an HD digital format to the demarcation point at the designated point of origination for the HD Access Channels. For purposes of this Franchise, an HD signal refers to a television signal delivering picture resolution of either 720p or 1080i, or such other resolution in this same range that Grantee utilizes for other similar non-sport, non-movie programming channels on the Cable System, whichever is greater. (3) Grantee shall transport and distribute the HD Access Channels signal on its Cable System and shall not unreasonably discriminate against HD Access Channels with respect to accessibility, functionality and to the application of any applicable Federal Communications Commission Rules & Regulations, including without limitation Subpart K Channel signal standards. With respect to signal quality, Grantee shall not be required to carry an HD Access Channel in a higher quality format than that of the HD Access Channel signal delivered to Grantee, but Grantee shall distribute the HD Access Channel signal without degradation. Grantee shall carry all components of the HD Access Channel signals provided by the Designated Access Provider including, but not limited to, closed captioning, stereo audio and other elements associated with the Programming. Upon reasonable written request by the City, Grantee shall verify signal delivery to Subscribers with the City, consistent with the requirements of this Section 9.2(D). (4) HD Access Channels may require Subscribers to buy or lease special equipment, available to all Subscribers, and subscribe to those tiers of Cable Service, upon which HD channels are made available. Grantee is not required to provide free HD equipment to Subscribers, including complimentary government and educational accounts, nor modify its equipment or pricing policies in any manner. (5) The City or any Designated Access Provider is responsible for acquiring all equipment necessary to produce programming in HD. (6) Grantee shall cooperate with the City to procure and provide, at City’s cost, all necessary transmission equipment from the Designated Access Provider channel origination point, at Grantee’s headend and through Grantee’s distribution system, in order to deliver the HD Access Channels. The City shall be responsible for the costs of all transmission equipment, including HD modulator and demodulator, and encoder or decoder equipment, and multiplex equipment, required in order for Grantee to receive and distribute the HD Access Channel signal, or for the cost of any resulting upgrades to the video return line. The City and Grantee agree that such expense of acquiring and installing the transmission equipment or upgrades to the video return line qualifies as a capital cost for PEG Facilities within the meaning of the Cable Act 47 U.S.C.A. Section 542(g)(20)(C), and therefore is an appropriate use of revenues derived from those PEG Capital fees provided for in this Franchise. Packet Pg. 264 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 33 CITY OF FORT COLLINS – COMCAST Final 4-14-15 (E) Grantee shall simultaneously carry the two (2) HD Access Channels provided for in Section 9.2(D) in high definition format on the Cable System, in addition to simultaneously carrying in standard definition format the SD Access Channels provided pursuant to Subsection 9.2(C). (F) There shall be no restriction on Grantee’s technology used to deploy and deliver SD or HD signals so long as the requirements of the Franchise are otherwise met. Grantee may implement HD carriage of the PEG channel in any manner (including selection of compression, utilization of IP, and other processing characteristics) that produces a signal quality for the consumer that is reasonably comparable and functionally equivalent to similar commercial HD channels carried on the Cable System. In the event the City believes that Grantee fails to meet this standard, City will notify Grantee of such concern, and Grantee will respond to any complaints in a timely manner. 9.3 Access Channel Assignments Grantee will use reasonable efforts to minimize the movement of SD and HD Access Channel assignments. Grantee shall also use reasonable efforts to institute common SD and HD Access Channel assignments among the CCUA members served by the same Headend as City for compatible Access programming, for example, assigning all Educational Access Channels programmed by higher education organizations to the same Channel number. In addition, Grantee will make reasonable efforts to locate HD Access Channels provided pursuant to Subsection 9.2(D) in a location on its HD Channel line-up that is easily accessible to Subscribers. 9.4 Relocation of Access Channels Grantee shall provide the City with a minimum of sixty (60) days notice, and use its best efforts to provide one hundred twenty (120) days notice, prior to the time any Access Channel designation is changed, unless the change is required by federal law, in which case Grantee shall give the City the maximum notice possible. Any new Channel designations for the Access Channels provided pursuant to this Franchise shall be in full compliance with FCC signal quality and proof-of-performance standards. 9.5 Web-Based Video On Demand and Streaming (A) Grantee shall provide at no cost to the City, which the City directs to be used for one of its Designated Access Providers, the Fort Collins Public Access Network (FCPAN), at 200 Mathews Street, a business class broadband connection, broadband service and all necessary hardware, to enable FCPAN’s delivery of web-based PEG content. If, during the term of this Franchise, FCPAN moves its location and such new location does not have the capacity to connect and receive the broadband service described in this Section 9.5(A), the cost of upgrading the network to enable such service shall be incurred by the City or the Designated Access Packet Pg. 265 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 34 CITY OF FORT COLLINS – COMCAST Final 4-14-15 Provider. The broadband connection provided herein shall be used exclusively for web-based on demand Access programming and/or web-based video streaming of Access content. Within ninety (90) days after written request of the City, Grantee shall additionally provide a one time grant of funding, in an amount not to exceed twenty thousand dollars ($20,000) which the City, or at its discretion, a Designated Access Provider shall use to acquire and/or for replacement costs for capital expenses incurred with facilitating the web-based Access programming described in this Section 9.5. (B) The City’s Designated Access Provider(s) shall be responsible for its own additional costs related to a video on demand server, broadband connection and service and any other associated equipment. (C) For all of the web-based on demand Access programming facilitated through the broadband connection and service described in this Section 9.5, Grantee shall be permitted to provide its logo which shall be displayed on the main web page for the web-based Access programming, in a manner reasonably similar to the Grantee’s logo display found on its Project Open Voice web-based supported programming. Notwithstanding the foregoing, the size of the City’s or Designated Access Provider’s logos may be as large as or larger than Grantee’s logo, in the City’s or Designated Access Provider’s sole reasonable discretion. (D) Any costs incurred by Grantee in facilitating the web-based on demand Access programming described in this Section 9.5 may be recovered from Subscribers by Grantee in accordance with Applicable Law. 9.6 Support for Access Costs During the term of this Franchise Agreement, Grantee shall provide up to seventy-five cents ($0.75) per month per Residential Subscriber (the "PEG Contribution") to be used solely for capital costs related to Public, Educational and Governmental Access and the web based on demand Access programming described in Section 9.5, or as may be permitted by Applicable Law. After the Effective Date, Grantee shall change the amount provided in support of Access costs from fifty cents ($.50) per month per Subscriber to seventy-five cents ($0.75) per month per Subscriber. This change shall be implemented concurrent with Grantee’s annual price increase but in no event later than December 31, 2015. To address inflationary impacts on capital equipment or to evaluate whether the City’s PEG Access capital costs have reduced with time, the City and Grantee may meet no more than three times after the Effective Date to discuss whether to increase or to decrease the PEG Contribution. The primary purpose of such meetings will be for the parties to review prior expenditures and future capital plans to determine if the current PEG Contribution is reasonably appropriate to meet future needs. The City and Grantee may suggest to each other, based upon their own assessments of reasonable past practices and future anticipated needs, whether the current level of PEG Contribution is appropriate. If either party believes that the PEG Contribution should be modified in a reasonable amount to address such future needs the parties shall share all relevant information supporting their positions and Packet Pg. 266 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 35 CITY OF FORT COLLINS – COMCAST Final 4-14-15 negotiate in good faith to determine if the PEG Contribution should be increased or decreased, and if so, in what amount. Such discussions regarding potential adjustment to the PEG Contribution will be conducted pursuant to the Franchise amendment procedures in Section 4.8 of this Franchise. Grantee shall make PEG Contribution payments quarterly, following the effective date of this Franchise Agreement for the preceding quarter ending March 31, June 30, September 30, and December 31. Each payment shall be due and payable no later than thirty (30) days following the end of the quarter. City shall have sole discretion to allocate the expenditure of such payments for any capital costs related to PEG Access. The parties agree that this Franchise shall provide City discretion to utilize Access payments for new internal network connections and enhancements to the City’s existing network. 9.7 Access Support Not Franchise Fees Grantee agrees that capital support for Access Costs arising from or relating to the obligations set forth in this Section shall in no way modify or otherwise affect Grantee's obligations to pay Franchise Fees to City. Grantee agrees that although the sum of Franchise Fees plus the payments set forth in this Section may total more than five percent (5%) of Grantee's Gross Revenues in any 12-month period, the additional commitments shall not be offset or otherwise credited in any way against any Franchise Fee payments under this Franchise Agreement so long as such support is used for capital Access purposes consistent with this Franchise and federal law. 9.8 Access Channels On Basic Service or Lowest Priced HD Service Tier All SD Access Channels under this Franchise Agreement shall be included by Grantee, without limitation, as part of Basic Service. All HD Access Channels under this Franchise Agreement shall be included by Grantee, without limitation, as part of the lowest priced tier of HD Cable Service upon which Grantee provides HD programming content. 9.9 Change In Technology In the event Grantee makes any change in the Cable System and related equipment and Facilities or in Grantee's signal delivery technology, which directly or indirectly affects the signal quality or transmission of Access services or programming, Grantee shall at its own expense take necessary technical steps or provide necessary technical assistance, including the acquisition of all necessary equipment, and full training of City’s Access personnel to ensure that the capabilities of Access services are not diminished or adversely affected by such change. If the City implements a new video delivery technology that is currently offered and can be accommodated on the Grantee’s local Cable System then the same provisions above shall apply. If the City implements a new video delivery technology that is not currently offered on and/or that cannot be accommodated by the Grantee’s local Cable System, then the City shall be responsible for acquiring all necessary equipment, facilities, technical assistance, and training to deliver the signal to the Grantee’s headend for distribution to subscribers. Packet Pg. 267 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 36 CITY OF FORT COLLINS – COMCAST Final 4-14-15 9.10 Technical Quality Grantee shall maintain all upstream and downstream Access services and Channels on its side of the demarcation point at the same level of technical quality and reliability required by this Franchise Agreement and all other applicable laws, rules and regulations for Residential Subscriber Channels. Grantee shall provide routine maintenance for all transmission equipment on its side of the demarcation point, including modulators, decoders, multiplex equipment, and associated cable and equipment necessary to carry a quality signal to and from City’s facilities for the Access Channels provided under this Franchise Agreement, including the business class broadband equipment and services necessary for the video on demand and streaming service described in Section 9.5. Grantee shall also provide, if requested in advance by the City, advice and technical expertise regarding the proper operation and maintenance of transmission equipment on the City’s side of the demarcation point. The City shall be responsible for all initial and replacement costs of all HD modulator and demodulator equipment, web-based video on demand servers and web-based video streaming servers. The City shall also be responsible, at its own expense, to replace any of the Grantee’s equipment that is damaged by the gross negligence or intentional acts of City staff. The Grantee shall be responsible, at its own expense, to replace any of the Grantee’s equipment that is damaged by the gross negligence or intentional acts of Grantee’s staff. The City will be responsible for the cost of repairing and/or replacing any HD PEG Access and web-based video on demand transmission equipment that Grantee maintains that is used exclusively for transmission of the City’s and/or its Designated Access Providers’ HD Access programming. 9.11 Access Cooperation City may designate any other jurisdiction which has entered into an agreement with Grantee or an Affiliate of Grantee based upon this Franchise Agreement, any CCUA member, the CCUA, or any combination thereof to receive any Access benefit due City hereunder, or to share in the use of Access Facilities hereunder. The purpose of this subsection shall be to allow cooperation in the use of Access and the application of any provision under this Section as City in its sole discretion deems appropriate, and Grantee shall cooperate fully with, and in, any such arrangements by City. 9.12 Return Lines/Access Origination (A) Grantee shall continuously maintain the return lines throughout the Term of the Franchise from all existing Access broadcast facilities, as set forth in Exhibit C, to the Headend, in order to enable the distribution of Access programming to Subscribers on the Access Channels; provided however that Grantee’s maintenance obligations with respect to either of these locations shall cease if a location is no longer used in the future by the City to originate Access programming. Packet Pg. 268 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 37 CITY OF FORT COLLINS – COMCAST Final 4-14-15 (B) The City shall also send to Grantee in writing its request to provide a return line with capacity to carry video programming to the Headend, and equipment necessary to activate such programming, from the new studio/facility of the City’s Designated Access Provider for Public Access, located at 200 Mathews Street, Fort Collins, Colorado. Grantee shall submit an estimate of costs to construct the new return line to the City within thirty (30) days of receiving the written request. The City and the Grantee shall share equally in the total cost for the construction of this Public Access return line. Grantee reserves its right to recover this contribution for the Public Access return line from Subscribers in a manner consistent with Applicable Law. With respect to any production facilities of other new or relocated Designated Access Providers delivering Access programming to Subscribers as requested in writing by the City, Grantee shall construct and maintain such new return lines, provided however, that Grantee’s actual costs shall be paid by the City or its Designated Access Provider(s). (C) Grantee shall construct and maintain new Fiber Optic return lines to the Headend from production facilities of new or relocated Designated Access Providers delivering Access programming to Residential Subscribers as requested in writing by the City. All actual construction costs incurred by Grantee from the nearest interconnection point to the Designated Access Provider shall be paid by the City or the Designated Access Provider. New return lines shall be completed within one (1) year from the request of the City or its Designated Access Provider, or as otherwise agreed to by the parties. If an emergency situation necessitates movement of production facilities to a new location, the parties shall work together to complete the new return line as soon as reasonably possible. (D) After installation pursuant to Section 9.12(B), Grantee shall, at its expense, provide and maintain, during the Term of this Franchise, the fiber optic return line from the Carnegie building located at 200 Mathews Street, Fort Collins, to the Headend in order to enable the distribution of Public Access programming to Residential Subscribers on the Public Access Channels; provided however, that Grantee’s maintenance obligations with respect to this location shall cease if this location is no longer used in the future by the City’s Designated Access Provider to originate Public Access programming. SECTION 10. GENERAL RIGHT-OF-WAY USE AND CONSTRUCTION 10.1 Right to Construct Subject to Applicable Law, regulations, rules, resolutions and ordinances of the City and the provisions of this Franchise, Grantee may perform all construction in the Rights-of-Way for any facility needed for the maintenance or extension of Grantee's Cable System. 10.2 Right-of-Way Meetings Grantee will regularly attend and participate in meetings of the City, of which the Grantee is made aware, regarding Right-of-Way issues that may impact the Cable System. Packet Pg. 269 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 38 CITY OF FORT COLLINS – COMCAST Final 4-14-15 10.3 Joint Trenching/Boring Meetings Grantee will regularly attend and participate in planning meetings of the City, of which the Grantee is made aware, to anticipate joint trenching and boring. Whenever it is possible and reasonably practicable to joint trench or share bores or cuts, Grantee shall work with other providers, licensees, permittees, and franchisees so as to reduce so far as possible the number of Right-of-Way cuts within the City. 10.4 General Standard All work authorized and required hereunder shall be done in a safe, thorough and workmanlike manner. All installations of equipment shall be permanent in nature, durable and installed in accordance with good engineering practices. 10.5 Permits Required for Construction Prior to doing any work in the Right-of Way or other public property, Grantee shall apply for, and obtain, appropriate permits from the City. As part of the permitting process, the City may impose such conditions and regulations as are necessary for the purpose of protecting any structures in such Rights-of-Way, proper restoration of such Rights-of-Way and structures, the protection of the public, and the continuity of pedestrian or vehicular traffic. Such conditions may also include the provision of a construction schedule and maps showing the location of the facilities to be installed in the Right-of-Way. Grantee shall pay all applicable fees for the requisite City permits received by Grantee. 10.6 Emergency Permits In the event that emergency repairs are necessary, Grantee shall immediately notify the City of the need for such repairs. Grantee may initiate such emergency repairs, and shall apply for appropriate permits within forty-eight (48) hours after discovery of the emergency. 10.7 Compliance with Applicable Codes (A) City Construction Codes. Grantee shall comply with the most currently-adopted versions of all applicable City construction, zoning and land use codes and regulations. (B) Tower Specifications. Antenna supporting structures (towers) shall be designed for the proper loading as specified by the Electronics Industries Association (EIA), as those specifications may be amended from time to time. Antenna supporting structures (towers) shall Packet Pg. 270 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 39 CITY OF FORT COLLINS – COMCAST Final 4-14-15 be painted, lighted, erected and maintained in accordance with all applicable rules and regulations of the Federal Aviation Administration and all other applicable federal, State, and local codes or regulations. (C) Safety Codes. Grantee shall comply with all federal, State and City safety requirements, rules, regulations, laws and practices, and employ all necessary devices as required by Applicable Law during construction, operation and repair of its Cable System. By way of illustration and not limitation, Grantee shall comply with the National Electric Code, National Electrical Safety Code and Occupational Safety and Health Administration (OSHA) Standards. 10.8 GIS Mapping Grantee shall comply with any generally applicable ordinances, rules and regulations of the City regarding geographic information mapping systems for users of the Rights-of-Way. 10.9 Minimal Interference Work in the Right-of-Way, on other public property, near public property, or on or near private property shall be done in a manner that causes the least interference with the rights and reasonable convenience of property owners and residents. Grantee's Cable System shall be constructed and maintained in such manner as not to interfere with sewers, water pipes, or any other property of the City, or with any other pipes, wires, conduits, pedestals, structures, or other facilities that may have been laid in the Rights-of-Way by, or under, the City’s authority. The Grantee's Cable System shall be located, erected and maintained so as not to endanger or interfere with the lives of Persons, or to interfere with new improvements the City may deem proper to make or to unnecessarily hinder or obstruct the free use of the Rights-of-Way or other public property, and shall not interfere with the travel and use of public places by the public during the construction, repair, operation or removal thereof, and shall not obstruct or impede traffic. In the event of such interference, the City may require the removal or relocation of Grantee’s lines, cables, equipment and other appurtenances from the property in question at Grantee’s expense. 10.10 Prevent Injury/Safety Grantee shall provide and use any equipment and facilities necessary to control and carry Grantee's signals so as to prevent injury to the City's property or property belonging to any Person. Grantee, at its own expense, shall repair, renew, change and improve its facilities to keep them in good repair, and safe and presentable condition. All excavations made by Grantee in the Rights-of-Way shall be properly safeguarded for the prevention of accidents by the placement of adequate barriers, fences or boarding, the bounds of which, during periods of dusk and darkness, shall be clearly designated by warning lights. 10.11 Hazardous Substances Packet Pg. 271 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 40 CITY OF FORT COLLINS – COMCAST Final 4-14-15 (A) Grantee shall comply with any and all Applicable Laws, statutes, regulations and orders concerning hazardous substances relating to Grantee's Cable System in the Rights-of- Way. (B) Upon reasonable notice to Grantee, the City may inspect Grantee's facilities in the Rights-of-Way to determine if any release of hazardous substances has occurred, or may occur, from or related to Grantee's Cable System. In removing or modifying Grantee's facilities as provided in this Franchise, Grantee shall also remove all residue of hazardous substances related thereto. (C) Grantee agrees to indemnify the City against any claims, costs, and expenses, of any kind, whether direct or indirect, incurred by the City arising out of a release of hazardous substances caused by Grantee's Cable System. 10.12 Locates Prior to doing any work in the Right-of-Way, Grantee shall give appropriate notices to the City and to the notification association established in C.R.S. Section 9-1.5-105, as such may be amended from time to time. Within forty-eight (48) hours after any City bureau or franchisee, licensee or permittee notifies Grantee of a proposed Right-of-Way excavation, Grantee shall, at Grantee's expense: (A) Mark on the surface all of its located underground facilities within the area of the proposed excavation; (B) Notify the excavator of any unlocated underground facilities in the area of the proposed excavation; or (C) Notify the excavator that Grantee does not have any underground facilities in the vicinity of the proposed excavation. 10.13 Notice to Private Property Owners Grantee shall give notice to private property owners of work on or adjacent to private property in accordance with the City’s Customer Service Standards, as the same may be amended from time to time by the City Council acting by Ordinance or resolution. 10.14 Underground Construction and Use of Poles (A) When required by general ordinances, resolutions, regulations or rules of the City or applicable State or federal law, Grantee's Cable System shall be placed underground at Grantee's expense unless funding is generally available for such relocation to all users of the Packet Pg. 272 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 41 CITY OF FORT COLLINS – COMCAST Final 4-14-15 Rights-of-Way. Placing facilities underground does not preclude the use of ground-mounted appurtenances. (B) Where electric, telephone, and other above-ground utilities are installed underground at the time of Cable System construction, or when all such wiring is subsequently placed underground, all Cable System lines shall also be placed underground with other wireline service at no expense to the City or Subscribers unless funding is generally available for such relocation to all users of the Rights-of-Way. Related Cable System equipment, such as pedestals, must be placed in accordance with the City’s applicable code requirements and rules. In areas where either electric or telephone utility wiring is aerial, the Grantee may install aerial cable, except when a property owner or resident requests underground installation and agrees to bear the additional cost in excess of aerial installation. (C) The Grantee shall utilize existing poles and conduit wherever possible. (D) In the event Grantee cannot obtain the necessary poles and related facilities pursuant to a pole attachment agreement, and only in such event, then it shall be lawful for Grantee to make all needed excavations in the Rights-of-Way for the purpose of placing, erecting, laying, maintaining, repairing, and removing poles, supports for wires and conductors, and any other facility needed for the maintenance or extension of Grantee's Cable System. All poles of Grantee shall be located as designated by the proper City authorities. (E) This Franchise does not grant, give or convey to the Grantee the right or privilege to install its facilities in any manner on specific utility poles or equipment of the City or any other Person. Copies of agreements for the use of poles, conduits or other utility facilities must be provided upon request by the City. (F) The Grantee and the City recognize that situations may occur in the future where the City may desire to place its own cable or conduit for Fiber Optic cable in trenches or bores opened by the Grantee. The Grantee agrees to cooperate with the City in any construction by the Grantee that involves trenching or boring, provided that the City has first notified the Grantee in some manner that it is interested in sharing the trenches or bores in the area where the Grantee's construction is occurring. The Grantee shall allow the City to lay its cable, conduit and Fiber Optic cable in the Grantee's trenches and bores, provided the City shares in the cost of the trenching and boring on the same terms and conditions as the Grantee at that time shares the total cost of trenches and bores. The City shall be responsible for maintaining its respective cable, conduit and Fiber Optic cable buried in the Grantee's trenches and bores under this paragraph. 10.15 Undergrounding of Multiple Dwelling Unit Drops In cases of single site Multiple Dwelling Units, Grantee shall minimize the number of individual aerial drop cables by installing multiple drop cables underground between the pole and Multiple Dwelling Unit where determined to be technologically feasible in agreement with Packet Pg. 273 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 42 CITY OF FORT COLLINS – COMCAST Final 4-14-15 the owners and/or owner's association of the Multiple Dwelling Units. 10.16 Burial Standards (A) Depths. Unless otherwise required by law, Grantee shall comply with the following burial depth standards. In no event shall Grantee be required to bury its cable deeper than electric or gas facilities in the same portion of the Right-of-Way. Grantee may appeal to the City Engineer for exceptions to the following burial depths due to circumstances that may include, but need not be limited to, difficult access or conflicts with other uses of the right-of- way or utility easement. The burial depth standards in this section apply to new or replaced cable drops buried after the effective date of this Franchise. (1) New Construction. (a) Underground cable drops shall be buried at a minimum depth of twenty four (24) inches when in rights of way and utility easements. (b) Underground cable drops shall be buried at a minimum depth of twelve (12) inches when outside rights-of-way and utility easements. It is anticipated this will only occur in a Subscriber’s property. (2) Existing Construction. (a) Back yards and Side yards. Underground cable drops shall be buried at a minimum depth of twelve (12) inches when in rights-of-way and utility easements except as otherwise required herein. Underground cable drops shall be buried at a minimum depth of twenty-four (24) inches when in rights-of-way and utility easements for a distance of more than twenty (20) feet. (b) Front yards. Underground cable drops shall be buried at a minimum depth of twenty-four (24) inches when in rights-of-way and utility easements. (c) Streets and Alleys. Underground cable drops shall be buried at a minimum depth of twenty-four (24) inches when in rights-of-way and utility easements. (3) Other burial standards. (a) Feeder lines shall be buried at a minimum depth of twenty four (24) inches. (b) Trunk lines shall be buried at a minimum depth of twenty-four (24) inches. Packet Pg. 274 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 43 CITY OF FORT COLLINS – COMCAST Final 4-14-15 (c) Fiber Optic cable shall be buried at a minimum depth of thirty-six (36) inches. In the event of a conflict between this subsection and the provisions of any customer service standard, this subsection shall control. (B) Timeliness. Cable drops installed by Grantee to residences shall be buried according to these standards within one calendar week of initial installation, or at a time mutually-agreed upon between the Grantee and the Subscriber. When freezing surface conditions prevent Grantee from achieving such timetable, Grantee shall apprise the Subscriber of the circumstances and the revised schedule for burial, and shall provide the Subscriber with Grantee's telephone number and instructions as to how and when to call Grantee to request burial of the line if the revised schedule is not met. 10.17 Cable Drop Bonding Grantee shall ensure that all cable drops are properly bonded at the home, consistent with applicable code requirements. 10.18 Prewiring Any ordinance or resolution of the City which requires prewiring of subdivisions or other developments for electrical and telephone service shall be construed to include wiring for Cable Systems. 10.19 Repair and Restoration of Property (A) The Grantee shall protect public and private property from damage. If damage occurs, the Grantee shall promptly notify the property owner within twenty-four (24) hours in writing. (B) Whenever Grantee disturbs or damages any Right-of-Way, other public property or any private property, Grantee shall promptly restore the Right-of-Way or property to at least its prior condition, normal wear and tear excepted, at its own expense. (C) Rights-of-Way and Other Public Property. Grantee shall warrant any restoration work performed by or for Grantee in the Right-of-Way or on other public property in accordance with Applicable Law. If restoration is not satisfactorily performed by the Grantee within a reasonable time, the City may, after prior notice to the Grantee, or without notice where the Packet Pg. 275 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 44 CITY OF FORT COLLINS – COMCAST Final 4-14-15 disturbance or damage may create a risk to public health or safety, cause the repairs to be made and recover the cost of those repairs from the Grantee. Within thirty (30) days of receipt of an itemized list of those costs, including the costs of labor, materials and equipment, the Grantee shall pay the City. (D) Private Property. Upon completion of the work which caused any disturbance or damage, Grantee shall promptly commence restoration of private property, and will use best efforts to complete the restoration within seventy-two (72) hours, considering the nature of the work that must be performed. Grantee shall also perform such restoration in accordance with the City’s Customer Service Standards, as the same may be amended from time to time by the City Council acting by ordinance or resolution. 10.20 Use of Conduits by the City The City may install or affix and maintain wires and equipment owned by the City for City purposes in or upon any and all of Grantee’s ducts, conduits or equipment in the Rights-of- Way and other public places if such placement does not interfere with Grantee’s use of its facilities, without charge to the City, to the extent space therein or thereon is reasonably available, and pursuant to all applicable ordinances and codes. This right shall not extend to affiliates of Grantee who have facilities in the right-of-way for the provision of non-cable services. For the purposes of this subsection, "City purposes" includes, but is not limited to, the use of the structures and installations for City fire, police, traffic, water, telephone, and/or signal systems, but not for Cable Service or transmission to third parties of telecommunications or information services in competition with Grantee. Grantee shall not deduct the value of such use of its facilities from its Franchise Fee payments or from other fees payable to the City. 10.21 Common Users (A) For the purposes of this subsection: (1) "Attachment" means any wire, optical fiber or other cable, and any related device, apparatus or auxiliary equipment, for the purpose of voice, video or data transmission. (2) "Conduit" or "Conduit Facility" means any structure, or section thereof, containing one or more Ducts, conduits, manholes, handhole or other such facilities in Grantee's Cable System. (3) "Duct" means a single enclosed raceway for cables, Fiber Optics or other wires. Packet Pg. 276 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 45 CITY OF FORT COLLINS – COMCAST Final 4-14-15 (4) "Licensee" means any Person licensed or otherwise permitted by the City to use the Rights-of-Way. (5) "Surplus Ducts or Conduits" are Conduit Facilities other than those occupied by Grantee or any prior Licensee, or unoccupied Ducts held by Grantee as emergency use spares, or other unoccupied Ducts that Grantee reasonably expects to use within two (2) years from the date of a request for use. (B) Grantee acknowledges that the Rights-of-Way have a finite capacity for containing Conduits. Therefore, Grantee agrees that whenever the City determines it is impracticable to permit construction of an underground Conduit system by any other Person which may at the time have authority to construct or maintain Conduits or Ducts in the Rights- of-Way, but excluding Persons providing Cable Services in competition with Grantee, the City may require Grantee to afford to such Person the right to use Grantee's Surplus Ducts or Conduits in common with Grantee, pursuant to the terms and conditions of an agreement for use of Surplus Ducts or Conduits entered into by Grantee and the Licensee. Nothing herein shall require Grantee to enter into an agreement with such Person if, in Grantee’s reasonable determination, such an agreement could compromise the integrity of the Cable System. (C) A Licensee occupying part of a Duct shall be deemed to occupy the entire Duct. (D) Grantee shall give a Licensee a minimum of one hundred twenty (120) days notice of its need to occupy a licensed Conduit and shall propose that the Licensee take the first feasible action as follows: (1) Pay revised Conduit rent designed to recover the cost of retrofitting the Conduit with multiplexing, Fiber Optics or other space-saving technology sufficient to meet Grantee's space needs; (2) Pay revised Conduit rent based on the cost of new Conduit constructed to meet Grantee's space needs; (3) Vacate the needed Ducts or Conduit; or (4) Construct and maintain sufficient new Conduit to meet Grantee's space needs. (E) When two or more Licensees occupy a section of Conduit Facility, the last Licensee to occupy the Conduit Facility shall be the first to vacate or construct new Conduit. When Conduit rent is revised because of retrofitting, space-saving technology or construction of new Conduit, all Licensees shall bear the increased cost. (F) All Attachments shall meet local, State, and federal clearance and other safety Packet Pg. 277 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 46 CITY OF FORT COLLINS – COMCAST Final 4-14-15 requirements, be adequately grounded and anchored, and meet the provisions of contracts executed between Grantee and the Licensee. Grantee may, at its option, correct any attachment deficiencies and charge the Licensee for its costs. Each Licensee shall pay Grantee for any fines, fees, damages or other costs the Licensee's attachments cause Grantee to incur. (G) In order to enforce the provisions of this subsection with respect to Grantee, the City must demonstrate that it has required that all similarly situated users of the Rights-of-Way to comply with the provisions of this subsection. 10.22 Acquisition of Facilities Upon Grantee's acquisition of Cable System-related facilities in any City Right-of-Way, or upon the addition to the City of any area in which Grantee owns or operates any such facility, Grantee shall, at the City's request, submit to the City a statement describing all such facilities involved, whether authorized by franchise, permit, license or other prior right, and specifying the location of all such facilities to the extent Grantee has possession of such information. Such Cable System-related facilities shall immediately be subject to the terms of this Franchise. 10.23 Discontinuing Use/Abandonment of Cable System Facilities Whenever Grantee intends to discontinue using any facility within the Rights-of-Way, Grantee shall submit for the City's approval a complete description of the facility and the date on which Grantee intends to discontinue using the facility. Grantee may remove the facility or request that the City permit it to remain in place. Notwithstanding Grantee's request that any such facility remain in place, the City may require Grantee to remove the facility from the Right- of-Way or modify the facility to protect the public health, welfare, safety, and convenience, or otherwise serve the public interest. The City may require Grantee to perform a combination of modification and removal of the facility. Grantee shall complete such removal or modification in accordance with a schedule set by the City. Until such time as Grantee removes or modifies the facility as directed by the City, or until the rights to and responsibility for the facility are accepted by another Person having authority to construct and maintain such facility, Grantee shall be responsible for all necessary repairs and relocations of the facility, as well as maintenance of the Right-of-Way, in the same manner and degree as if the facility were in active use, and Grantee shall retain all liability for such facility. If Grantee abandons its facilities, the City may choose to use such facilities for any purpose whatsoever including, but not limited to, Access purposes. 10.24 Movement of Cable System Facilities For City Purposes The City shall have the right to require Grantee to relocate, remove, replace, modify or disconnect Grantee's facilities and equipment located in the Rights-of-Way or on any other property of the City for public purposes, in the event of an emergency, or when the public health, safety or welfare requires such change (for example, without limitation, by reason of traffic Packet Pg. 278 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 47 CITY OF FORT COLLINS – COMCAST Final 4-14-15 conditions, public safety, Right-of-Way vacation, Right-of-Way construction, change or establishment of Right-of-Way grade, installation of sewers, drains, gas or water pipes, or any other types of structures or improvements by the City for public purposes). Such work shall be performed at the Grantee’s expense. Except during an emergency, the City shall provide reasonable notice to Grantee, not to be less than five (5) business days, and allow Grantee with the opportunity to perform such action. In the event of any capital improvement project exceeding $500,000 in expenditures by the City which requires the removal, replacement, modification or disconnection of Grantee's facilities or equipment, the City shall provide at least sixty (60) days' written notice to Grantee. Following notice by the City, Grantee shall relocate, remove, replace, modify or disconnect any of its facilities or equipment within any Right-of- Way, or on any other property of the City. If the City requires Grantee to relocate its facilities located within the Rights-of-Way, the City shall make a reasonable effort to provide Grantee with an alternate location within the Rights-of-Way. If funds are generally made available to users of the Rights-of-Way for such relocation, Grantee shall be entitled to its pro rata share of such funds. If the Grantee fails to complete this work within the time prescribed and to the City's satisfaction, the City may cause such work to be done and bill the cost of the work to the Grantee, including all costs and expenses incurred by the City due to Grantee’s delay. In such event, the City shall not be liable for any damage to any portion of Grantee’s Cable System. Within thirty (30) days of receipt of an itemized list of those costs, the Grantee shall pay the City. 10.25 Movement of Cable System Facilities for Other Franchise Holders If any removal, replacement, modification or disconnection of the Cable System is required to accommodate the construction, operation or repair of the facilities or equipment of another City franchise holder, Grantee shall, after at least thirty (30) days' advance written notice, take action to effect the necessary changes requested by the responsible entity. Grantee may require that the costs associated with the removal or relocation be paid by the benefited party. 10.26 Temporary Changes for Other Permittees At the request of any Person holding a valid permit and upon reasonable advance notice, Grantee shall temporarily raise, lower or remove its wires as necessary to permit the moving of a building, vehicle, equipment or other item. The expense of such temporary changes must be paid by the permit holder, and Grantee may require a reasonable deposit of the estimated payment in advance. 10.27 Reservation of City Use of Right-of-Way Nothing in this Franchise shall prevent the City or public utilities owned, maintained or Packet Pg. 279 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 48 CITY OF FORT COLLINS – COMCAST Final 4-14-15 operated by public entities other than the City from constructing sewers; grading, paving, repairing or altering any Right-of-Way; laying down, repairing or removing water mains; or constructing or establishing any other public work or improvement. All such work shall be done, insofar as practicable, so as not to obstruct, injure or prevent the use and operation of Grantee's Cable System. 10.28 Tree Trimming Grantee may prune or cause to be pruned, using proper pruning practices, any tree in the City's Rights-of-Way which interferes with Grantee's Cable System. Grantee shall comply with any general ordinance or regulations of the City regarding tree trimming. Except in emergencies, Grantee may not prune trees at a point below thirty (30) feet above sidewalk grade until one (1) week written notice has been given to the owner or occupant of the premises abutting the Right- of-Way in or over which the tree is growing. The owner or occupant of the abutting premises may prune such tree at his or her own expense during this one (1) week period. If the owner or occupant fails to do so, Grantee may prune such tree at its own expense. For purposes of this subsection, emergencies exist when it is necessary to prune to protect the public or Grantee’s facilities from imminent danger only. 10.29 Inspection of Construction and Facilities The City may inspect any of Grantee's facilities, equipment or construction at any time upon at least twenty-four (24) hours notice, or, in case of emergency, upon demand without prior notice. The City shall have the right to charge generally applicable inspection fees therefore. If an unsafe condition is found to exist, the City, in addition to taking any other action permitted under Applicable Law, may order Grantee, in writing, to make the necessary repairs and alterations specified therein forthwith to correct the unsafe condition by a time the City establishes. The City has the right to correct, inspect, administer and repair the unsafe condition if Grantee fails to do so, and to charge Grantee therefore. 10.30 Stop Work (A) On notice from the City that any work is being performed contrary to the provisions of this Franchise, or in an unsafe or dangerous manner as determined by the City, or in violation of the terms of any applicable permit, laws, regulations, ordinances, or standards, the work may immediately be stopped by the City. (B) The stop work order shall: (1) Be in writing; (2) Be given to the Person doing the work, or posted on the work site; (3) Be sent to Grantee by overnight delivery at the address given herein; Packet Pg. 280 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 49 CITY OF FORT COLLINS – COMCAST Final 4-14-15 (4) Indicate the nature of the alleged violation or unsafe condition; and (5) Establish conditions under which work may be resumed. 10.31 Work of Contractors and Subcontractors Grantee's contractors and subcontractors shall be licensed and bonded in accordance with the City's ordinances, regulations and requirements. Work by contractors and subcontractors is subject to the same restrictions, limitations and conditions as if the work were performed by Grantee. Grantee shall be responsible for all work performed by its contractors and subcontractors and others performing work on its behalf as if the work were performed by it, and shall ensure that all such work is performed in compliance with this Franchise and other Applicable Law, and shall be jointly and severally liable for all damages and correcting all damage caused by them. It is Grantee's responsibility to ensure that contractors, subcontractors or other Persons performing work on Grantee's behalf are familiar with the requirements of this Franchise and other Applicable Law governing the work performed by them. SECTION 11. CABLE SYSTEM, TECHNICAL STANDARDS AND TESTING 11.1 Subscriber Network (A) Grantee’s Cable System shall be equivalent to or exceed technical characteristics of a traditional HFC 750 MHz Cable System and provide Activated Two-Way capability. The Cable System shall be capable of supporting video and audio, including SD and HD video on the Effective Date of the Franchise. The Cable System shall deliver no less than 110 Channels of SD and/or HD video on the Effective Date and be capable of delivering channels in successor formats (such as HD4k) to Subscribers throughout the term of the Franchise, provided that the Grantee reserves the right to use the bandwidth in the future for other uses based on local market factors. For any use that reduces the amount of bandwidth available for Cable Services after the Effective Date, Grantee shall provide a detailed explanation of the relevant local market factors to the City, upon written request. (B) Equipment must be installed so that all closed captioning and second audio programming (SAP) received by the Cable System shall include the closed caption and SAP signal so long as such signals are provided consistent with FCC standards. Equipment must be installed so that all local signals received in stereo or with secondary audio tracks (broadcast and Access) are retransmitted in those same formats. (C) All construction shall be subject to the City's permitting process and Applicable Law. (D) Grantee and City shall meet, at the City's request, to discuss the progress of the Packet Pg. 281 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 50 CITY OF FORT COLLINS – COMCAST Final 4-14-15 design plan and construction. (E) Grantee will take prompt corrective action if it finds that any facilities or equipment on the Cable System are not operating as designed, or if it finds that facilities and equipment do not comply with the requirements of this Franchise or Applicable Law. (F) Grantee's construction decisions shall be based solely upon legitimate engineering decisions and shall not take into consideration the income level of any particular community within the Franchise Area. (G) The foregoing requirements shall be completed in a manner that is in accordance with Applicable Law and FCC technical standards. Grantee may substitute another transmission material and/or modify its design provided that the same technical benefits, reliability, functionality and picture quality are maintained. 11.2 Technical Performance The technical performance of the Cable System shall meet or exceed all applicable federal (including, but not limited to, the FCC), State and local technical standards, as they may be amended from time to time, regardless of the transmission technology utilized. The City shall have the full authority permitted by Applicable Law to enforce compliance with these technical standards. 11.3 Cable System Performance Testing (A) Grantee shall, at Grantee's expense, perform the following tests on its Cable System: (1) All tests required by the FCC; (2) All other tests reasonably necessary to determine compliance with technical standards adopted by the FCC at any time; and (3) All other tests as otherwise specified in this Franchise. (B) At a minimum, Grantee's tests shall include: (1) Cumulative leakage index testing of any new construction; (2) Semi-annual compliance tests in conformance with generally accepted industry guidelines; (3) Tests in response to Subscriber complaints; Packet Pg. 282 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 51 CITY OF FORT COLLINS – COMCAST Final 4-14-15 (4) Periodic monitoring tests, at intervals not to exceed six (6) months, of Subscriber (field) test points, the Headend, and the condition of standby power supplies; and (5) Cumulative leakage index tests, at least annually, designed to ensure that one hundred percent (100%) of Grantee's Cable System has been ground or air tested for signal leakage in accordance with FCC standards. (C) Grantee shall maintain written records of all results of its Cable System tests, performed by or for Grantee. Copies of such test results will be provided to the City upon reasonable request. All technical performance tests may be witnessed by representatives of the City. (D) Grantee shall be required to promptly take such corrective measures as are necessary to correct any performance deficiencies fully and to prevent their recurrence as far as possible. Grantee's failure to correct deficiencies identified through this testing process shall be a material violation of this Franchise. Sites shall be re-tested following correction. 11.4 Additional Tests Where there exists other evidence which in the judgment of the City casts doubt upon the reliability or technical quality of Cable Service, the City shall have the right and authority to require Grantee to test, analyze and report on the performance of the Cable System. Grantee shall fully cooperate with the City in performing such testing and shall prepare the results and a report, if requested, within thirty (30) days after testing. Such report shall include the following information: (A) the nature of the complaint or problem which precipitated the special tests; (B) the Cable System component(s) tested; (C) the equipment used and procedures employed in testing; (D) the method, if any, in which such complaint or problem was resolved; and (E) any other information pertinent to said tests and analysis which may be required. 11.5 Technology Assessment (A) The City may notify Grantee on or after five (5) years after the Effective Date, that the City will conduct a technology assessment of Grantee’s Cable System. The technology assessment may include, but is not limited to, determining whether Grantee's Cable System technology and performance are consistent with current technical practices and range and level Packet Pg. 283 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 52 CITY OF FORT COLLINS – COMCAST Final 4-14-15 of services existing in the fifteen (15) largest U.S. cable systems owned and operated by Grantee’s Parent Corporation and/or Affiliates pursuant to franchises that have been renewed or extended since the Effective Date. (B) Pursuant to Section 7, Grantee shall cooperate with the City to provide necessary information upon the City’s reasonable request as part of the technology assessment. (C) At the discretion of the City, findings from the technology assessment may be included in any proceeding commenced for the purpose of identifying future cable-related community needs and interests undertaken by the City pursuant to 47 U.S.C. §546. When confidential or proprietary information impact the City's findings, during a technology assessment, the City must report such findings in an aggregate or other manner maintaining confidentiality of such information. 11.6 Standby Power In the event of loss of commercial power, Grantee’s Cable System Headend shall be capable of providing at least twenty-four (24) hours of continuous emergency operation. Grantee shall maintain standby power system supplies that will supply back-up power throughout the distribution networks including all nodes and amplifiers. In addition, throughout the term of this Franchise, Grantee shall have a plan in place, along with all resources necessary for implementing such plan, for dealing with commercial outages of more than two (2) hours duration so that Grantee can react to power outages prior to the standby capabilities being exhausted. This outage plan and evidence of requisite implementation resources shall be presented to the City no later than thirty (30) days following receipt of a request. 11.7 Emergency Alert Capability Grantee shall provide an operating Emergency Alert System (“EAS”) throughout the term of this Franchise in compliance with FCC standards. Grantee shall test the EAS as required by the FCC. Upon request, the City shall be permitted to participate in and/or witness the EAS testing up to twice a year on a schedule formed in consultation with Grantee. Upon written request, Grantee will advise the City of the testing schedule so that the City may be present or witness remotely such tests of the EAS. If the test indicates that the EAS is not performing properly, Grantee shall make any necessary adjustment to the EAS, and the EAS shall be retested. SECTION 12. SERVICE AVAILABILITY, INTERCONNECTION AND SERVICE TO SCHOOLS AND PUBLIC BUILDINGS Packet Pg. 284 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 53 CITY OF FORT COLLINS – COMCAST Final 4-14-15 12.1 Service Availability (A) In General. Except as otherwise provided in herein, Grantee shall provide Cable Service within seven (7) days of a request by any Person within the City. For purposes of this Section, a request shall be deemed made on the date of signing a service agreement, receipt of funds by Grantee, receipt of a written request by Grantee or receipt by Grantee of a verified verbal request. Except as otherwise provided herein, Grantee shall provide such service: (1) With no line extension charge except as specifically authorized elsewhere in this Franchise Agreement. (2) At a non-discriminatory installation charge for a standard installation, consisting of a 125 foot drop connecting to an inside wall for Residential Subscribers, with additional charges for non standard installations computed according to a non discriminatory methodology for such installations, adopted by Grantee and provided in writing to the City; (3) At non discriminatory monthly rates for Residential Subscribers. (4) Undergrounding of Drops. In any area where the Grantee would be entitled to install a drop above-ground, if requested by the subscriber the Grantee will provide the subscriber the option to have the drop installed underground, but may charge the subscriber the difference between the actual cost of the above-ground installation and the actual cost of the underground installation. (B) Service to Multiple Dwelling Units. Consistent with this Section 12.1, the Grantee shall offer the individual units of a Multiple Dwelling Unit all Cable Services offered to other Dwelling Units in the City and shall individually wire units upon request of the property owner or renter who has been given written authorization by the owner; provided, however, that any such offering is conditioned upon the Grantee having legal access to said unit. The City acknowledges that the Grantee cannot control the dissemination of particular Cable Services beyond the point of demarcation at a Multiple Dwelling Unit. (C) Customer Charges for Extensions of Service. Grantee agrees to extend its Cable System to all persons living in areas with a residential density of twenty-five (25) residences per mile of Cable System plant. If the residential density is less than twenty-five (25) residences per 5,280 cable-bearing strand feet of trunk or distribution cable, service may be made available on the basis of a capital contribution in aid of construction, including cost of material, labor and easements. For the purpose of determining the amount of capital contribution in aid of construction to be borne by the Grantee and customers in the area in which service may be expanded, the Grantee will contribute an amount equal to the construction and other costs per mile, multiplied by a fraction whose numerator equals the actual number of residences per 5,280 cable-bearing strand feet of its trunk or distribution cable and whose denominator equals twenty-five (25). Customers who request service hereunder will bear the remainder of the construction and other costs on a pro rata basis. The Grantee may require Packet Pg. 285 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 54 CITY OF FORT COLLINS – COMCAST Final 4-14-15 that the payment of the capital contribution in aid of construction borne by such potential customers be paid in advance. (D) Annexations. In the event that the City annexes territory that is not being provided Cable Service by the Grantee or an Affiliate of Grantee, Grantee agrees that it will extend its Cable System into the newly annexed territory under the terms of this subsection 12.1. If there is another cable operator serving the newly annexed area that has entered into a franchise agreement with the City, Grantee has the right, but not the obligation to serve the newly annexed area. If Grantee finds it convenient for any of the annexed territory to be served by an Affiliate versus the Grantee, the rights, benefits and obligations of this Franchise shall apply to such Affiliate for the annexed area, without the need for transfer approval of the City. By way of example, an Affiliate would be permitted to serve an annexed area provided that it offered the same Cable Services at the same prices, as offered by Grantee throughout the City. 12.2 Connection of Public Facilities Grantee shall, at no cost to the City, provide one outlet of Basic Service and Digital Starter Service to all City owned or leased and occupied buildings, schools and public libraries located in areas where Grantee provides Cable Service, so long as these facilities are already served or the interconnection point on these facilities is located within 150 feet of the distribution point on the Cable System, from which Cable Service can be provided to these facilities. For purposes of this subsection, “school” means all State-accredited K-12 public and private schools. Such obligation to provide free Cable Service shall not extend to areas of City buildings where the Grantee would normally enter into a commercial contract to provide such Cable Service (e.g., golf courses, airport restaurants and concourses, and recreation center work out facilities). Outlets of Basic and Digital Starter Service provided in accordance with this subsection may be used to distribute Cable Services throughout such buildings, provided such distribution can be accomplished without causing Cable System disruption and general technical standards are maintained. Such outlets may only be used for lawful purposes. The Cable Service provided shall not be distributed beyond the originally installed outlets without authorization from Grantee, which shall not be unreasonably withheld. SECTION 13. FRANCHISE VIOLATIONS 13.1 Procedure for Remedying Franchise Violations (A) If the City reasonably believes that Grantee has failed to perform any obligation under this Franchise or has failed to perform in a timely manner, the City shall notify Grantee in writing, stating with reasonable specificity the nature of the alleged default. Grantee shall have thirty (30) days from the receipt of such notice to: (1) respond to the City, contesting the City's assertion that a default has occurred, and requesting a meeting in accordance with subsection (B), below; Packet Pg. 286 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 55 CITY OF FORT COLLINS – COMCAST Final 4-14-15 (2) cure the default; or, (3) notify the City that Grantee cannot cure the default within the thirty (30) days, because of the nature of the default. In the event the default cannot be cured within thirty (30) days, Grantee shall promptly take all reasonable steps to cure the default and notify the City in writing and in detail as to the exact steps that will be taken and the projected completion date. In such case, the City may set a meeting in accordance with subsection (B) below to determine whether additional time beyond the thirty (30) days specified above is indeed needed, and whether Grantee's proposed completion schedule and steps are reasonable. (B) If Grantee does not cure the alleged default within the cure period stated above, or by the projected completion date under subsection (A)(3), or denies the default and requests a meeting in accordance with (A)(1), or the City orders a meeting in accordance with subsection (A)(3), the City shall set a meeting to investigate said issues or the existence of the alleged default. The City shall notify Grantee of the meeting in writing and such meeting shall take place no less than thirty (30) days after Grantee's receipt of notice of the meeting. At the meeting, Grantee shall be provided an opportunity to be heard and to present evidence in its defense. (C) If, after the meeting, the City determines that a default exists, the City shall order Grantee to correct or remedy the default or breach within fifteen (15) days or within such other reasonable time frame as the City shall determine. In the event Grantee does not cure within such time to the City’s reasonable satisfaction, the City may: (1) Withdraw an amount from the letter of credit as monetary damages; (2) Recommend the revocation of this Franchise pursuant to the procedures in subsection 13.2; or, (3) Recommend any other legal or equitable remedy available under this Franchise or any Applicable Law. (D) The determination as to whether a violation of this Franchise has occurred shall be within the discretion of the City, provided that any such final determination may be subject to appeal to a court of competent jurisdiction under Applicable Law. 13.2 Revocation (A) In addition to revocation in accordance with other provisions of this Franchise, the City may revoke this Franchise and rescind all rights and privileges associated with this Packet Pg. 287 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 56 CITY OF FORT COLLINS – COMCAST Final 4-14-15 Franchise in the following circumstances, each of which represents a material breach of this Franchise: (1) If Grantee fails to perform any material obligation under this Franchise or under any other agreement, ordinance or document regarding the City and Grantee; (2) If Grantee willfully fails for more than forty-eight (48) hours to provide continuous and uninterrupted Cable Service; (3) If Grantee attempts to evade any material provision of this Franchise or to practice any fraud or deceit upon the City or Subscribers; or (4) If Grantee becomes insolvent, or if there is an assignment for the benefit of Grantee's creditors; (5) If Grantee makes a material misrepresentation of fact in the application for or negotiation of this Franchise. (B) Following the procedures set forth in subsection 13.1 and prior to forfeiture or termination of the Franchise, the City shall give written notice to the Grantee of its intent to revoke the Franchise and set a date for a revocation proceeding. The notice shall set forth the exact nature of the noncompliance. (C) Any proceeding under the paragraph above shall be conducted by the City Council and open to the public. Grantee shall be afforded at least forty-five (45) days prior written notice of such proceeding. (1) At such proceeding, Grantee shall be provided a fair opportunity for full participation, including the right to be represented by legal counsel, to introduce evidence, and to question witnesses. A complete verbatim record and transcript shall be made of such proceeding and the cost shall be shared equally between the parties. The City Council shall hear any Persons interested in the revocation, and shall allow Grantee, in particular, an opportunity to state its position on the matter. (2) Within ninety (90) days after the hearing, the City Council shall determine whether to revoke the Franchise and declare that the Franchise is revoked and the letter of credit forfeited; or if the breach at issue is capable of being cured by Grantee, direct Grantee to take appropriate remedial action within the time and in the manner and on the terms and conditions that the City Council determines are reasonable under the circumstances. If the City determines that the Franchise is to be revoked, the City shall set forth the reasons for such a decision and shall transmit a copy of the decision to the Packet Pg. 288 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 57 CITY OF FORT COLLINS – COMCAST Final 4-14-15 Grantee. Grantee shall be bound by the City’s decision to revoke the Franchise unless it appeals the decision to a court of competent jurisdiction within fifteen (15) days of the date of the decision. (3) Grantee shall be entitled to such relief as the Court may deem appropriate. (4) The City Council may at its sole discretion take any lawful action which it deems appropriate to enforce the City's rights under the Franchise in lieu of revocation of the Franchise. 13.3 Procedures in the Event of Termination or Revocation (A) If this Franchise expires without renewal after completion of all processes available under this Franchise and federal law or is otherwise lawfully terminated or revoked, the City may, subject to Applicable Law: (1) Allow Grantee to maintain and operate its Cable System on a month-to- month basis or short-term extension of this Franchise for not less than six (6) months, unless a sale of the Cable System can be closed sooner or Grantee demonstrates to the City's satisfaction that it needs additional time to complete the sale; or (2) Purchase Grantee's Cable System in accordance with the procedures set forth in subsection 13.4, below. (B) In the event that a sale has not been completed in accordance with subsections (A)(1) and/or (A)(2) above, the City may order the removal of the above-ground Cable System facilities and such underground facilities from the City at Grantee's sole expense within a reasonable period of time as determined by the City. In removing its plant, structures and equipment, Grantee shall refill, at is own expense, any excavation that is made by it and shall leave all Rights-of-Way, public places and private property in as good condition as that prevailing prior to Grantee's removal of its equipment without affecting the electrical or telephone cable wires or attachments. The indemnification and insurance provisions and the letter of credit shall remain in full force and effect during the period of removal, and Grantee shall not be entitled to, and agrees not to request, compensation of any sort therefore. (C) If Grantee fails to complete any removal required by subsection 13.3 (B) to the City’s satisfaction, after written notice to Grantee, the City may cause the work to be done and Grantee shall reimburse the City for the costs incurred within thirty (30) days after receipt of an itemized list of the costs, or the City may recover the costs through the letter of credit provided by Grantee. (D) The City may seek legal and equitable relief to enforce the provisions of this Franchise. Packet Pg. 289 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 58 CITY OF FORT COLLINS – COMCAST Final 4-14-15 13.4 Purchase of Cable System (A) If at any time this Franchise is revoked, terminated, or not renewed upon expiration in accordance with the provisions of federal law, the City shall have the option to purchase the Cable System. (B) The City may, at any time thereafter, offer in writing to purchase Grantee's Cable System. Grantee shall have thirty (30) days from receipt of a written offer from the City within which to accept or reject the offer. (C) In any case where the City elects to purchase the Cable System, the purchase shall be closed within one hundred twenty (120) days of the date of the City's audit of a current profit and loss statement of Grantee. The City shall pay for the Cable System in cash or certified funds, and Grantee shall deliver appropriate bills of sale and other instruments of conveyance. (D) For the purposes of this subsection, the price for the Cable System shall be determined as follows: (1) In the case of the expiration of the Franchise without renewal, at fair market value determined on the basis of Grantee's Cable System valued as a going concern, but with no value allocated to the Franchise itself. In order to obtain the fair market value, this valuation shall be reduced by the amount of any lien, encumbrance, or other obligation of Grantee which the City would assume. (2) In the case of revocation for cause, the equitable price of Grantee's Cable System. 13.5 Receivership and Foreclosure (A) At the option of the City, subject to Applicable Law, this Franchise may be revoked one hundred twenty (120) days after the appointment of a receiver or trustee to take over and conduct the business of Grantee whether in a receivership, reorganization, bankruptcy or other action or proceeding, unless: (1) The receivership or trusteeship is vacated within one hundred twenty (120) days of appointment; or (2) The receivers or trustees have, within one hundred twenty (120) days after their election or appointment, fully complied with all the terms and provisions of this Franchise, and have remedied all defaults under the Franchise. Additionally, the receivers or trustees shall have executed an agreement duly approved by the court having Packet Pg. 290 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 59 CITY OF FORT COLLINS – COMCAST Final 4-14-15 jurisdiction, by which the receivers or trustees assume and agree to be bound by each and every term, provision and limitation of this Franchise. (B) If there is a foreclosure or other involuntary sale of the whole or any part of the plant, property and equipment of Grantee, the City may serve notice of revocation on Grantee and to the purchaser at the sale, and the rights and privileges of Grantee under this Franchise shall be revoked thirty (30) days after service of such notice, unless: (1) The City has approved the transfer of the Franchise, in accordance with the procedures set forth in this Franchise and as provided by law; and (2) The purchaser has covenanted and agreed with the City to assume and be bound by all of the terms and conditions of this Franchise. 13.6 No Monetary Recourse Against the City Grantee shall not have any monetary recourse against the City or its officers, officials, boards, commissions, agents or employees for any loss, costs, expenses or damages arising out of any provision or requirement of this Franchise or the enforcement thereof, in accordance with the provisions of applicable federal, State and local law. The rights of the City under this Franchise are in addition to, and shall not be read to limit, any immunities the City may enjoy under federal, State or local law. 13.7 Alternative Remedies No provision of this Franchise shall be deemed to bar the right of the City to seek or obtain judicial relief from a violation of any provision of the Franchise or any rule, regulation, requirement or directive promulgated thereunder. Neither the existence of other remedies identified in this Franchise nor the exercise thereof shall be deemed to bar or otherwise limit the right of the City to recover monetary damages for such violations by Grantee, or to seek and obtain judicial enforcement of Grantee's obligations by means of specific performance, injunctive relief or mandate, or any other remedy at law or in equity. 13.8 Assessment of Monetary Damages (A) The City may assess against Grantee monetary damages (i) up to five hundred dollars ($500.00) per day for general construction delays, violations of PEG obligations or payment obligations, (ii) up to two hundred fifty dollars ($250.00) per day for any other material breaches, or (iii) up to one hundred dollars ($100.00) per day for defaults, and withdraw the assessment from the letter of credit or collect the assessment as specified in this Franchise. Damages pursuant to this Section shall accrue for a period not to exceed one hundred twenty (120) days per violation proceeding. To assess any amount from the letter of credit, City shall follow the procedures for withdrawals from the letter of credit set forth in the letter of credit and Packet Pg. 291 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 60 CITY OF FORT COLLINS – COMCAST Final 4-14-15 in this Franchise. Such damages shall accrue beginning thirty (30) days following Grantee’s receipt of the notice required by subsection 13.1(A), or such later date if approved by the City in its sole discretion, but may not be assessed until after the procedures in subsection 13.1 have been completed. (B) The assessment does not constitute a waiver by City of any other right or remedy it may have under the Franchise or Applicable Law, including its right to recover from Grantee any additional damages, losses, costs and expenses that are incurred by City by reason of the breach of this Franchise. 13.9 Effect of Abandonment If the Grantee abandons its Cable System during the Franchise term, or fails to operate its Cable System in accordance with its duty to provide continuous service, the City, at its option, may operate the Cable System; designate another entity to operate the Cable System temporarily until the Grantee restores service under conditions acceptable to the City, or until the Franchise is revoked and a new franchisee is selected by the City; or obtain an injunction requiring the Grantee to continue operations. If the City is required to operate or designate another entity to operate the Cable System, the Grantee shall reimburse the City or its designee for all reasonable costs, expenses and damages incurred. 13.10 What Constitutes Abandonment The City shall be entitled to exercise its options in subsection 13.9 if: (A) The Grantee fails to provide Cable Service in accordance with this Franchise over a substantial portion of the Franchise Area for four (4) consecutive days, unless the City authorizes a longer interruption of service; or (B) The Grantee, for any period, willfully and without cause refuses to provide Cable Service in accordance with this Franchise. SECTION 14. FRANCHISE RENEWAL AND TRANSFER 14.1 Renewal (A) The City and Grantee agree that any proceedings undertaken by the City that relate to the renewal of the Franchise shall be governed by and comply with the provisions of Section 626 of the Cable Act, unless the procedures and substantive protections set forth therein shall be deemed to be preempted and superseded by the provisions of any subsequent provision of federal or State law. (B) In addition to the procedures set forth in said Section 626(a), the City agrees to Packet Pg. 292 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 61 CITY OF FORT COLLINS – COMCAST Final 4-14-15 notify Grantee of the completion of its assessments regarding the identification of future cable- related community needs and interests, as well as the past performance of Grantee under the then current Franchise term. Notwithstanding anything to the contrary set forth herein, Grantee and City agree that at any time during the term of the then current Franchise, while affording the public adequate notice and opportunity for comment, the City and Grantee may agree to undertake and finalize negotiations regarding renewal of the then current Franchise and the City may grant a renewal thereof. Grantee and City consider the terms set forth in this subsection to be consistent with the express provisions of Section 626 of the Cable Act. 14.2 Transfer of Ownership or Control (A) The Cable System and this Franchise shall not be sold, assigned, transferred, leased or disposed of, either in whole or in part, either by involuntary sale or by voluntary sale, merger or consolidation; nor shall title thereto, either legal or equitable, or any right, interest or property therein pass to or vest in any Person or entity without the prior written consent of the City, which consent shall be by the City Council/Commission, acting by ordinance/resolution. (B) The Grantee shall promptly notify the City of any actual or proposed change in, or transfer of, or acquisition by any other party of control of the Grantee. The word "control" as used herein is not limited to majority stockholders but includes actual working control in whatever manner exercised. Every change, transfer or acquisition of control of the Grantee shall make this Franchise subject to cancellation unless and until the City shall have consented in writing thereto. (C) The parties to the sale or transfer shall make a written request to the City for its approval of a sale or transfer and furnish all information required by law and the City. (D) In seeking the City's consent to any change in ownership or control, the proposed transferee shall indicate whether it: (1) Has ever been convicted or held liable for acts involving deceit including any violation of federal, State or local law or regulations, or is currently under an indictment, investigation or complaint charging such acts; (2) Has ever had a judgment in an action for fraud, deceit, or misrepresentation entered against the proposed transferee by any court of competent jurisdiction; (3) Has pending any material legal claim, lawsuit, or administrative proceeding arising out of or involving a cable system or a broadband system; (4) Is financially solvent, by submitting financial data including financial statements that are audited by a certified public accountant who may also be an officer of the transferee, along with any other data that the City may reasonably require; and Packet Pg. 293 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 62 CITY OF FORT COLLINS – COMCAST Final 4-14-15 (5) Has the financial, legal and technical capability to enable it to maintain and operate the Cable System for the remaining term of the Franchise. (E) The City shall act by ordinance on the request within one hundred twenty (120) days of the request, provided it has received all information required by this Franchise and/or by Applicable Law. The City and the Grantee may by mutual agreement, at any time, extend the 120 day period. Subject to the foregoing, if the City fails to render a final decision on the request within one hundred twenty (120) days, such request shall be deemed granted unless the requesting party and the City agree to an extension of time. (F) Within thirty (30) days of any transfer or sale, if approved or deemed granted by the City, Grantee shall file with the City a copy of the deed, agreement, lease or other written instrument evidencing such sale or transfer of ownership or control, certified and sworn to as correct by Grantee and the transferee, and the transferee shall file its written acceptance agreeing to be bound by all of the provisions of this Franchise, subject to Applicable Law. In the event of a change in control, in which the Grantee is not replaced by another entity, the Grantee will continue to be bound by all of the provisions of the Franchise, subject to Applicable Law, and will not be required to file an additional written acceptance. (G) In reviewing a request for sale or transfer, the City may inquire into the legal, technical and financial qualifications of the prospective controlling party or transferee, and Grantee shall assist the City in so inquiring. The City may condition said sale or transfer upon such terms and conditions as it deems reasonably appropriate, in accordance with Applicable Law. (H) Notwithstanding anything to the contrary in this subsection, the prior approval of the City shall not be required for any sale, assignment or transfer of the Franchise or Cable System to an entity controlling, controlled by or under the same common control as Grantee, provided that the proposed assignee or transferee must show financial responsibility as may be determined necessary by the City and must agree in writing to comply with all of the provisions of the Franchise. Further, Grantee may pledge the assets of the Cable System for the purpose of financing without the consent of the City; provided that such pledge of assets shall not impair or mitigate Grantee’s responsibilities and capabilities to meet all of its obligations under the provisions of this Franchise. SECTION 15. SEVERABILITY If any Section, subsection, paragraph, term or provision of this Franchise is determined to be illegal, invalid or unconstitutional by any court or agency of competent jurisdiction, such determination shall have no effect on the validity of any other Section, subsection, paragraph, term or provision of this Franchise, all of which will remain in full force and effect for the term of the Franchise. Packet Pg. 294 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 63 CITY OF FORT COLLINS – COMCAST Final 4-14-15 SECTION 16. MISCELLANEOUS PROVISIONS 16.1 Preferential or Discriminatory Practices Prohibited NO DISCRIMINATION IN EMPLOYMENT. In connection with the performance of work under this Franchise, the Grantee agrees not to refuse to hire, discharge, promote or demote, or discriminate in matters of compensation against any Person otherwise qualified, solely because of race, color, religion, national origin, gender, age, military status, sexual orientation, marital status, or physical or mental disability; and the Grantee further agrees to insert the foregoing provision in all subcontracts hereunder. Throughout the term of this Franchise, Grantee shall fully comply with all equal employment or non-discrimination provisions and requirements of federal, State and local laws, and in particular, FCC rules and regulations relating thereto. 16.2 Notices Throughout the term of the Franchise, each party shall maintain and file with the other a local address for the service of notices by mail. All notices shall be sent overnight delivery postage prepaid to such respective address and such notices shall be effective upon the date of mailing. These addresses may be changed by the City or the Grantee by written notice at any time. At the Effective Date of this Franchise: Grantee's address shall be: Comcast of California/Colorado LLC 8000 E. Iliff Ave. Denver, CO 80231 Attn: Government Affairs The City's address shall be: City of Fort Collins 300 Laporte Avenue P.O. Box 580 Fort Collins, CO 80522 Attn: City Manager With a copy to: City of Fort Collins 300 Laporte Avenue P.O. Box 580 Fort Collins, CO 80522 Packet Pg. 295 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 64 CITY OF FORT COLLINS – COMCAST Final 4-14-15 Attn: City Attorney 16.3 Descriptive Headings The headings and titles of the Sections and subsections of this Franchise are for reference purposes only, and shall not affect the meaning or interpretation of the text herein. 16.4 Publication Costs to be Borne by Grantee Grantee shall reimburse the City for all costs incurred in publishing this Franchise, if such publication is required, and any notices or ordinances in connection with its adoption if such publication is required by a generally applicable City ordinance. 16.5 Binding Effect This Franchise shall be binding upon the parties hereto, their permitted successors and assigns. 16.6 No Joint Venture Nothing herein shall be deemed to create a joint venture or principal-agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third Persons or the public in any manner which would indicate any such relationship with the other. 16.7 Waiver The failure of the City at any time to require performance by the Grantee of any provision hereof shall in no way affect the right of the City hereafter to enforce the same. Nor shall the waiver by the City of any breach of any provision hereof be taken or held to be a waiver of any succeeding breach of such provision, or as a waiver of the provision itself or any other provision. 16.8 Reasonableness of Consent or Approval Whenever under this Franchise “reasonableness” is the standard for the granting or denial of the consent or approval of either party hereto, such party shall be entitled to consider public and governmental policy, moral and ethical standards as well as business and economic considerations. 16.9 Entire Agreement This Franchise and all Exhibits represent the entire understanding and agreement between the parties hereto with respect to the subject matter hereof and supersede all prior oral negotiations between the parties. Packet Pg. 296 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 65 CITY OF FORT COLLINS – COMCAST Final 4-14-15 16.10 Jurisdiction Venue for any judicial dispute between the City and Grantee arising under or out of this Franchise shall be in Larimer County District Court, Colorado, or in the United States District Court in Denver. IN WITNESS WHEREOF, this Franchise is signed in the name of the City of Fort Collins, Colorado this day of , 2015. ATTEST: CITY OF FORT COLLINS, COLORADO: City Clerk Mayor APPROVED AS TO FORM: RECOMMENDED AND APPROVED: City Attorney City Manager Accepted and approved this _____ day of _________, 2015. ATTEST: COMCAST OF CALIFORNIA/COLORADO LLC Public Notary Name/Title: Packet Pg. 297 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) 1 CITY OF FORT COLLINS – COMCAST Final 4-14-15 EXHIBIT A: CUSTOMER SERVICE STANDARDS Packet Pg. 298 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) EXHIBIT B Report Form Comcast Quarterly Executive Summary - Escalated Complaints Section 7.6 (B) of our Franchise Agreement Quarter Ending ___________, Year City of Fort Collins Number of Calls 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Type of Complaint Accessibility Billing, Credit and Refunds Courtesy Drop Bury Installation Notices/Easement Issues (Non-Rebuild) Pedestal Problem Resolution Programming Property Damage (Non-Rebuild) Rates Rebuild/Upgrade Damage Rebuild/Upgrade Notices/Easement Issues Reception/Signal Quality Safety Service and Install Appointments Service Interruptions Serviceability TOTAL Compliments Packet Pg. 299 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) EXHIBIT C: RETURN LINES City Return Line: 300 LaPorte Avenue, Fort Collins Poudre School District Return Line: 2407 LaPorte Avenue, Fort Collins Colorado State University Return Line: Information Technology Center, Clark Building, CSU Building ID: 0091 Campus Location: Main Campus 1200 Center Avenue Mall, Fort Collins Packet Pg. 300 Attachment: Exhibit A (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) The Honorable Wade Troxell Mayor, City of Fort Collins City Council Office P.O. Box 580 Fort Collins, CO 80522 Dear Mayor ____________: The purpose of this letter agreement is to set forth several commitments between Comcast of California/Colorado, LLC (hereinafter, “Comcast”) and the City of Fort Collins, Colorado (hereinafter, “the City”) that are in addition to the Franchise Agreement to be adopted by Ordinance (hereinafter, “the Franchise”). These items have been negotiated in good faith and agreed to as part of the informal franchise renewal process pursuant to 47 U.S.C. § 546(h), and specifically relate to the unique community needs that exist in the City. This letter agreement shall take effect on _______, 2015, and shall terminate on _______, 2025. A. Channel Capacity and Use – High Definition (“HD”) Digital Access Channels: Pursuant to Section 12.2 of the Franchise, Comcast is required to provide at no cost to the City one outlet of Basic Service and Digital Starter Service to all City owned and occupied buildings. In addition to those Section 12.2 requirements, and at the time that the City activates an HD Digital Access Channel pursuant to Section 9.2 of the Franchise, Comcast shall provide to the City, at no cost to the City, one (1) outlet of basic HD service and one (1) HD cable box to be located at City Hall, 300 LaPorte Avenue in Fort Collins, for the sole purpose and use by the City to monitor the HD Digital Access Channel’s signal. If the location of the government access channel changes after the effective date of this Agreement, Comcast will provide one (1) outlet of basic HD service and one (1) HD cable box at no cost to the City at the new government access channel location, provided, however, that any costs to construct and maintain any necessary cable drops into such locations will be the responsibility of the City B. Promotion of PEG Programming: Following the Effective Date of the Franchise, Comcast will work with the City to assist in the promotion of PEG programming, which includes the following: 1. Upon reasonable advanced notice but not more than two (2) times during the term of the Franchise, Comcast will provide one (1) cable box message to Subscribers’ cable boxes that receive messages per quarter for one (1) year for a total of four (4) messages in a calendar year; 2. Upon reasonable advanced notice but not more than three (3) times during the term of the Franchise, Comcast will include one (1) written bill message to Subscribers as part of their bills, provided that space for such bill message is available; and, 3. Comcast shall use reasonable efforts to accommodate PEG promotional spots 8000 E. Iliff Ave. Denver, CO 80231 EXHIBIT B Packet Pg. 301 Attachment: Exhibit B (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) received from the City on a reasonable basis in Comcast’s cross-channel ad avails, up to a maximum of 25, 30 second spots per year. Any such ad avails provided for PEG promotional spots shall be at no cost to the City or its designated access providers; however, the City or its designated access provider shall be responsible for all the necessary production costs and shall deliver the ad avail in the format and method requested by Comcast. C. Marketing for Relocation of Access Channels: Following the Effective Date of the Franchise, and in the event that Comcast changes the channel designation of any Public, Educational, or Governmental Access Channel (“Access Channel”), provided pursuant to Section 9 of the Franchise, then: 1. Comcast will show three (3) channel crawls per hour identifying the relocation of the Access Channel for thirty (30) days prior to the effective date of the relocation; 2. Comcast will provide two (2) cable box messages each week to Subscribers’ cable boxes that receive messages for four (4) weeks prior to the effective date of the relocation; 3. Comcast will include one (1) written bill message to Subscribers as part of their bills sent prior to the effective date of the change in channel designation, and one (1) written bill message to Subscribers in their bills sent subsequent to the effective date of the change in channel designation, provided that space for such bill message is available; 4. Comcast will reimburse the actual out-of-pocket cost of the City’s marketing and rebranding efforts directly related to the relocation of any Access Channel, provided that such amount shall not exceed $5,000 per Access Channel with a maximum total amount of actual reimbursement not to exceed $10,000.00. This reimbursement applies only to the channel relocation of any active SD Access Channel and any HD Access Channel that has occupied its then current channel designation for at least 180 days. In addition, if an HD Access Channel is a simulcast of an SD Access Channel then the reimbursement for the actual out-of- pocket cost of the City’s marketing and rebranding efforts shall not exceed $5,000 for both channel relocations. Reimbursement is due to the City within forty-five (45) days of Comcast’s receipt of a detailed invoice provided by the City; and, The terms and conditions of this “Section C. Marketing for Relocation of Access Channels” do not apply to any change in channel designation required by Federal law or any change in channel designation outside of Comcast’s control. D. Limited Basic Tier of Cable Services: On March 7, 2006, the City and Comcast entered into a Confidential and Proprietary Letter Agreement (“March 7 th Agreement”) regarding the establishment of a limited basic tier of Cable Services for Fort Collins’ Subscribers. Comcast recognized the City’s desires expressed during the franchise negotiations at that time for a limited basic tier consisting of (1) those channels required to be placed on the basic tier pursuant to 47 U.S. C. 543(b)(7); and, (2) an additional number of channels similar to those carried in the communities of Greeley, Loveland and Windsor. At that time, all four communities were subject to rate regulation. In return for Comcast’s establishment of a limited basic tier, the City agreed to forgo rate regulation, as provided by federal law, for that tier of service. It was the intent of the parties that a Packet Pg. 302 Attachment: Exhibit B (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) limited basic tier of Cable Services reasonably similar to what was offered in Greeley, Loveland and Windsor would be offered to Subscribers in Fort Collins, subject to the limitations in the March 7 th Agreement. On April 22, 2008, the Federal Communications Commission found the City was subject to effective competition and, therefore, exempted the City from cable rate regulation. Although the City is no longer able to regulate cable rates, it still desires Comcast make available a limited basic tier service for Subscribers in Fort Collins. Comcast acknowledges the City’s request and intends to continue to offer to Subscribers in Fort Collins a limited basic tier of Cable Services reasonably similar to what is offered to Subscribers in Greeley, Loveland and Windsor. Ultimately, decisions regarding pricing and the make-up of tiers are subject to market forces, including Subscriber demand and competition in the marketplace. Comcast reserves at all times the right to adjust the price, structure and content of its service tiers, pursuant to proper notice to the City and Subscribers and in a manner consistent with Applicable Law. The terms and conditions of this letter agreement are binding upon the City and Comcast and their successors and assigns. Comcast agrees that a violation of these terms by Comcast may be considered by the City as a material violation of the Franchise, subject to the provisions of Section 13 of the Franchise. It is understood that fulfillment of these obligations is also necessary and part of the consideration to secure the renewed Franchise. Sincerely, Comcast of California/Colorado LLC By:______________________ Its:______________________ Date:____________________ Acknowledged and agreed to this ___ day of ___________, 2015. City of Fort Collins, Colorado By:_____________________ Its:_____________________ Date:___________________ Packet Pg. 303 Attachment: Exhibit B (3225 : Cable TV Franchise Renewal - Comcast Agreement Ordinance) - 1 - ORDINANCE NO. 068, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS ESTABLISHING NEW CITY OF FORT COLLINS CUSTOMER SERVICE STANDARDS FOR CABLE TELEVISION WHEREAS, the federal Cable Act permits the City, as a cable franchising authority, to establish and enforce customer service requirements for cable television operators; and WHEREAS, on March 7, 2006, in conjunction with approving a new cable television franchise agreement with Comcast of Colorado/California, LLC (“Comcast”), the City Council adopted Ordinance No. 031, 2006, establishing the City’s Telecommunication Customer Service Standards - Cable Television (the “Current Standards”); and WHEREAS, over the past year City staff has been negotiating a new cable franchise agreement with Comcast, which agreement the City Council is considering by separate ordinance; and WHEREAS, as part of the franchise negotiations Comcast asked that the City consider adopting the “model” customer service standards that were developed through negotiations between Comcast and the local government members of the Colorado Communications and Utilities Alliance (the “CCUA Model Standards”), in order that Comcast may be operating under consistent standards in most of the communities it serves; and WHEREAS, after reviewing the CCUA Model Standards City staff determined that they are substantially similar to the City’s Current Standards and agreed to recommend that they be adopted, with only minor revisions, by the City Council; and WHEREAS, the proposed City of Fort Collins Customer Service Standards - Cable Television are attached hereto as Exhibit “A” and incorporated herein by reference (the “New Customer Service Standards”); and WHEREAS, the City Council has determined that adoption of the New Customer Service Standards 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 adopts the City of Fort Collins Customer Service Standards - Cable Television, attached hereto as Exhibit A. Packet Pg. 304 - 2 - Introduced, considered favorably on first reading, and ordered published this 2nd day of June, A.D. 2015, and to be presented for final passage on the 7th day of July, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 7th day of July, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 305 1 CITY OF FORT COLLINS CUSTOMER SERVICE STANDARDS CABLE TELEVISION I. POLICY The Cable Operator should resolve citizen complaints without delay and interference from the Franchising Authority. Where a given complaint is not addressed by the Cable Operator to the citizen's satisfaction, the Franchising Authority should intervene. In addition, where a pattern of unremedied complaints or noncompliance with the Standards is identified, the Franchising Authority should prescribe a cure and establish a reasonable deadline for implementation of the cure. If the noncompliance is not cured within established deadlines, monetary sanctions should be imposed to encourage compliance and deter future non-compliance. These Standards are intended to be of general application, and are expected to be met under normal operating conditions; however, the Cable Operator shall be relieved of any obligations hereunder if it is unable to perform due to a region-wide natural emergency or in the event of force majeure affecting a significant portion of the franchise area. The Cable Operator is free to exceed these Standards to the benefit of its Customers and such shall be considered performance for the purposes of these Standards. These Standards supercede any contradictory or inconsistent provision in federal, state or local law (Source: 47 U.S.C. § 552(a)(1) and (d)), provided, however, that any provision in federal, state or local law, or in any original franchise agreement or renewal agreement, that imposes a higher obligation or requirement than is imposed by these Standards, shall not be considered contradictory or inconsistent with these Standards. In the event of a conflict between these Standards and a Franchise Agreement, the Franchise Agreement shall control. These Standards apply to the provision of any Cable Service, provided by a Cable Operator over a Cable System, within the City of Fort Collins, County of Larimer, Colorado. II. DEFINITIONS When used in these Customer Service Standards (the "Standards"), the following words, phrases, and terms shall have the meanings given below. "Adoption" shall mean the process necessary to formally enact the Standards within the Franchising Authority's jurisdiction under applicable ordinances and laws. "Affiliate" shall mean any person or entity that is owned or controlled by, or under common ownership or control with, a Cable Operator, and provides any Cable Service or Other Service. “Applicable Law” means, with respect to these standards and any Cable Operator’s privacy policies, any statute, ordinance, judicial decision, executive order or regulation having the force and effect of law, that determines the legal standing of a case or issue. EXHIBIT A Packet Pg. 306 Attachment: Exhibit A (3228 : Cable TV Franchise - Customer Service Standards Ordinance) 2 "Cable Operator" shall mean any person or group of persons (A) who provides Cable Service over a Cable System and directly or through one or more affiliates owns a significant interest in such cable system, or (B) who otherwise controls or is responsible for, through any arrangement, the management and operation of such a Cable System. Source: 47 U.S.C. § 522(5). “Cable Service” shall mean (A) the one-way transmission to subscribers of (i) video programming, or (ii) other programming service, and (B) subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service. Source: 47 U.S.C. § 522(6). For purposes of this definition, “video programming” is programming provided by, or generally considered comparable to programming provided by a television broadcast station. Source: 47 U.S.C. § 522(20). “Other programming service” is information that a Cable Operator makes available to all subscribers generally. Source: 47 U.S.C. § 522(14). “Cable System” shall mean a facility, consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide Cable Service which includes video programming and which is provided to multiple subscribers within a community, but such term does not include (A) a facility that serves only to retransmit the televisions signals of one or more television broadcast stations, or (B) a facility that serves subscribers without using any public right of way. Source: 47 U.S.C. § 522(7). "City" shall mean the City of Fort Collins, County of Larimer, Colorado. “Contractor” shall mean a person or entity that agrees by contract to furnish materials or perform services for another at a specified consideration. "Customer" shall mean any person who receives any Cable Service from a Cable Operator. "Customer Service Representative" (or "CSR") shall mean any person employed with or under contract or subcontract to a Cable Operator to assist, or provide service to, customers, whether by telephone, writing service or installation orders, answering customers' questions in person, receiving and processing payments, or performing any other customer service-related tasks. “Escalated complaint” shall mean a complaint that is referred to a Cable Operator by the Franchising Authority. "Franchising Authority" shall mean the City. "Necessary" shall mean required or indispensable. "Non-cable-related purpose" shall mean any purpose that is not necessary to render or conduct a legitimate business activity related to a Cable Service or Other Service provided by a Cable Operator to a Customer. Market research, telemarketing, and other marketing of services or products that are not related to a Cable Service or Other Service provided by a Cable Operator to a Customer shall be considered Non-cable-related purposes. “Normal business hours” shall mean those hours during which most similar businesses in the community are open to serve customers. In all cases, “normal business hours” must include at least some evening hours one night per week, and include some weekend hours. Source: 47 C.F.R. § 76.309. Packet Pg. 307 Attachment: Exhibit A (3228 : Cable TV Franchise - Customer Service Standards Ordinance) 3 “Normal operating conditions” shall mean those service conditions which are within the control of a Cable Operator. Conditions which are not within the control of a Cable Operator include, but are not necessarily limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Conditions which are ordinarily within the control of a Cable Operator include, but are not necessarily limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods and maintenance or upgrade to the Cable System. “Other Service(s)” shall mean any wire or radio communications service provided using any of the facilities of a Cable Operator that are used in the provision of Cable Service. "Personally Identifiable Information" shall mean specific information about an identified Customer, including, but not be limited to, a Customer's (a) login information for the use of Cable Service and management of a Customer’s Cable Service account, (b) extent of viewing of video programming or Other Services, (c) shopping choices, (d) interests and opinions, (e) energy uses, (f) medical information, (g) banking data or information, or (h) any other personal or private information. "Personally Identifiable Information" shall not mean any aggregate information about Customers which does not identify particular persons, or information gathered by a Cable Operator necessary to install, repair or service equipment or Cable System facilities at a Customer’s premises. “Service interruption” or “interruption” shall mean (i) the loss or substantial impairment of picture and/or sound on one or more cable television channels. “Service outage” or “outage” shall mean a loss or substantial impairment in reception on all channels. “Subcontractor” shall mean a person or entity that enters into a contract to perform part or all of the obligations of another's contract. “Writing” or “written” as the term applies to notification shall include electronic communications. Any terms not specifically defined in these Standards shall be given their ordinary meaning, or where otherwise defined in applicable federal law, such terms shall be interpreted consistent with those definitions. III. CUSTOMER SERVICE A. Courtesy Cable Operator employees, contractors and subcontractors shall be courteous, knowledgeable and helpful and shall provide effective and satisfactory service in all contacts with customers. B. Accessibility 1. A Cable Operator shall provide customer service centers/business offices (“Service Centers”) which are conveniently located, and which are open during Normal Business Hours. Service Centers shall be fully staffed with Customer Service Representatives offering the following services to Customers who come to the Service Center: bill payment, equipment exchange, processing of change of service requests, and response to Customer inquiries and request. Packet Pg. 308 Attachment: Exhibit A (3228 : Cable TV Franchise - Customer Service Standards Ordinance) 4 Unless otherwise requested by the City, a Cable Operator shall post a sign at each Service Center, visible from the outside of the Service Center, advising Customers of its hours of operation and of the telephone number at which to contact the Cable Operator if the Service Center is not open at the times posted. The Cable Operator shall use commercially reasonable efforts to implement and promote “self-help” tools and technology, in order to respond to the growing demand of Customers who wish to interact with the Cable Operator on the Customer’s own terms and timeline and at their own convenience, without having to travel to a Service Center. Without limitation, examples of self-help tools or technology may include self-installation kits to Customers upon request; pre-paid mailers for the return of equipment upon Customer request; an automated phone option for Customer bill payments; and equipment exchanges at a Customer’s residence in the event of damaged equipment. A Cable Operator shall provide free exchanges of faulty equipment at the customer's address if the equipment has not been damaged in any manner due to the fault or negligence of the customer. 2. A Cable Operator shall maintain local telephone access lines that shall be available twenty-four (24) hours a day, seven (7) days a week for service/repair requests and billing/service inquiries. 3. A Cable Operator shall have dispatchers and technicians on call twenty-four (24) hours a day, seven (7) days a week, including legal holidays. 4. If a customer service telephone call is answered with a recorded message providing the customer with various menu options to address the customer’s concern, the recorded message must provide the customer the option to connect to and speak with a CSR within sixty (60) seconds of the commencement of the recording. During Normal Business Hours, a Cable Operator shall retain sufficient customer service representatives and telephone line capacity to ensure that telephone calls to technical service/repair and billing/service inquiry lines are answered by a customer service representative within thirty (30) seconds or less from the time a customer chooses a menu option to speak directly with a CSR or chooses a menu option that pursuant to the automated voice message, leads to a direct connection with a CSR. Under normal operating conditions, this thirty (30) second telephone answer time requirement standard shall be met no less than ninety (90) percent of the time measured quarterly. 5. Under normal operating conditions, a customer shall not receive a busy signal more than three percent (3%) of the time. This standard shall be met ninety (90) percent or more of the time, measured quarterly. C. Responsiveness 1. Guaranteed Seven-Day Residential Installation a. A Cable Operator shall complete all standard residential installations or modifications to service requested by customers within seven (7) business days after the order is placed, unless a later date for installation is requested. "Standard" residential installations are those located up to one hundred twenty five (125) feet from the existing distribution system. If the customer requests a nonstandard residential installation, or the Cable Operator determines that a nonstandard residential installation is required, the Cable Operator shall provide the customer in advance with a total installation cost estimate and an estimated date of completion. Packet Pg. 309 Attachment: Exhibit A (3228 : Cable TV Franchise - Customer Service Standards Ordinance) 5 b. All underground cable drops to the home shall be buried at a depth of no less than twelve inches (12"), or such other depth as may be required by the Franchise Agreement or local code provisions, or if there are no applicable Franchise or code requirements, at such other depths as may be agreed to by the parties if other construction concerns preclude the twelve inch requirement , and within no more than one calendar week from the initial installation, or at a time mutually agreed upon between the Cable Operator and the customer. 2. Residential Installation and Service Appointments a. The “appointment window” alternatives for specific installations, service calls, and/or other installation activities will be either a specific time, or at a maximum, a four (4) hour time block between the hours of 8:00 a.m. and 6:00 p.m., six (6) days per week. A Cable Operator may schedule service calls and other installation activities outside of the above days and hours for the express convenience of customers. For purposes of this subsection “appointment window” means the period of time in which the representative of the Cable Operator must arrive at the customer’s location. b. A Cable Operator may not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment, unless the customer’s issue has otherwise been resolved. c. If a Cable Operator is running late for an appointment with a customer and will not be able to keep the appointment as scheduled, the Cable Operator shall take reasonable efforts to contact the customer promptly, but in no event later than the end of the appointment window. The appointment will be rescheduled, as necessary at a time that is convenient to the customer, within Normal Business Hours or as may be otherwise agreed to between the customer and Cable Operator. d. A Cable Operator shall be deemed to have responded to a request for service under the provisions of this section when a technician arrives within the agreed upon time, and, if the customer is absent when the technician arrives, the technician leaves written notification of arrival and return time, and a copy of that notification is kept by the Cable Operator. In such circumstances, the Cable Operator shall contact the customer within forty-eight (48) hours. 3. Residential Service Interruptions a. In the event of system outages resulting from Cable Operator equipment failure, the Cable Operator shall correct such failure within 2 hours after the 3rd customer call is received. b. All other service interruptions resulting from Cable Operator equipment failure shall be corrected by the Cable Operator by the end of the next calendar day. c. Records of Complaints. i. A Cable Operator shall keep an accurate and comprehensive file of any complaints regarding the cable system or its operation of the cable system, in a manner consistent with the privacy rights of customers, and the Cable Operator's actions in response to those complaints. These files shall remain available for viewing by the Franchising Authority Packet Pg. 310 Attachment: Exhibit A (3228 : Cable TV Franchise - Customer Service Standards Ordinance) 6 during normal business hours at the Cable Operator’s business office, and shall be retained by the Cable Operator for a period of at least three (3) years. ii. Upon written request a Cable Operator shall provide the Franchising Authority an executive summary quarterly, which shall include information concerning customer complaints referred by the Franchising Authority to the Grantee and any other requirements of a Franchise Agreement but no personally identifiable information. These summaries shall be provided within fifteen (15) days after the end of each quarter. Once a request is made, it need not be repeated and quarterly executive summaries shall be provided by the Cable Operator until notified in writing by the Franchising Authority that such summaries are no longer required. iii. Upon written request a summary of service requests, identifying the number and nature of the requests and their disposition, shall also be completed by the Cable Operator for each quarter and submitted to the Franchising Authority by the fifteenth (15th) day of the month after each calendar quarter. Once a request is made, it need not be repeated and quarterly summary of service requests shall be provided by the Cable Operator until notified in writing by the Franchising Authority that such summaries are no longer required. Complaints shall be broken out by the nature of the complaint and the type of Cable service subject to the complaint. d. Records of Service Interruptions and Outages. A Cable Operator shall maintain records of all outages and reported service interruptions. Such records shall indicate the type of cable service interrupted, including the reasons for the interruptions. A log of all service interruptions shall be maintained and provided to the Franchising Authority quarterly, upon written request, within fifteen (15) days after the end of each quarter. Such records shall be submitted to the Franchising Authority with the records identified in Section 3.c.ii above if so requested in writing, and shall be retained by the Cable Operator for a period of three (3) years. e. All service outages and interruptions for any cause beyond the control of the Cable Operator shall be corrected within thirty-six (36) hours, after the conditions beyond its control have been corrected. 4. TV Reception a. A Cable Operator shall provide clear television reception that meets or exceeds technical standards established by the United States Federal Communications Commission (the "FCC"). A Cable Operator shall render efficient service, make repairs promptly, and interrupt service only for good cause and for the shortest time possible. Scheduled interruptions shall be preceded by notice and shall occur during periods of minimum use of the system, preferably between midnight and six a.m. (6:00 a.m.). b. If a customer experiences poor video or audio reception attributable to a Cable Operator's equipment, the Cable Operator shall: i. Assess the problem within one (1) day of notification; ii. Communicate with the customer regarding the nature of the problem and the expected time for repair; Packet Pg. 311 Attachment: Exhibit A (3228 : Cable TV Franchise - Customer Service Standards Ordinance) 7 iii. Complete the repair within two (2) days of assessing the problem unless circumstances exist that reasonably require additional time. c. If an appointment is necessary to address any video or audio reception problem, the customer may choose a block of time described in Section III.C.2.a. At the customer's request, the Cable Operator shall repair the problem at a later time convenient to the customer, during Normal Business Hours or at such other time as may be agreed to by the customer and Cable Operator. A Cable Operator shall maintain periodic communications with a customer during the time period in which problem ascertainment and repair are ongoing, so that the customer is advised of the status of the Cable Operator’s efforts to address the problem. 5. Problem Resolution A Cable Operator's customer service representatives shall have the authority to provide credit for interrupted service, to waive fees, to schedule service appointments and to change billing cycles, where appropriate. Any difficulties that cannot be resolved by the customer service representative shall be referred to the appropriate supervisor who shall contact the customer within four (4) hours and resolve the problem within forty eight (48) hours or within such other time frame as is acceptable to the customer and the Cable Operator. 6. Billing, Credits, and Refunds a. In addition to other options for payment of a customer’s service bill, a Cable Operator shall make available a telephone payment option where a customer without account irregularities can enter payment information through an automated system, without the necessity of speaking to a CSR. b. A Cable Operator shall allow at least thirty (30) days from the beginning date of the applicable service period for payment of a customer's service bill for that period. If a customer's service bill is not paid within that period of time the Cable Operator may apply an administrative fee to the customer's account. The administrative fee must reflect the average costs incurred by the Cable Operator in attempting to collect the past due payment in accordance with applicable law. If the customer's service bill is not paid within forty-five (45) days of the beginning date of the applicable service period, the Cable Operator may perform a "soft" disconnect of the customer's service. If a customer's service bill is not paid within fifty-two (52) days of the beginning date of the applicable service period, the Cable Operator may disconnect the customer's service, provided it has provided two (2) weeks notice to the customer that such disconnection may result. c. The Cable Operator shall issue a credit or refund to a customer within 30 days after determining the customer's entitlement to a credit or refund. d. Whenever the Cable Operator offers any promotional or specially priced service(s) its promotional materials shall clearly identify and explain the specific terms of the promotion, including but not limited to manner in which any payment credit will be applied. 7. Treatment of Property To the extent that a Franchise Agreement does not contain the following procedures for treatment of property, Operator shall comply with the procedures set forth in this Section. Packet Pg. 312 Attachment: Exhibit A (3228 : Cable TV Franchise - Customer Service Standards Ordinance) 8 a. A Cable Operator shall keep tree trimming to a minimum; trees and shrubs or other landscaping that are damaged by a Cable Operator, any employee or agent of a Cable Operator during installation or construction shall be restored to their prior condition or replaced within seven (7) days, unless seasonal conditions require a longer time, in which case such restoration or replacement shall be made within seven (7) days after conditions permit. Trees and shrubs on private property shall not be removed without the prior permission of the owner or legal tenant of the property on which they are located. This provision shall be in addition to, and shall not supersede, any requirement in any franchise agreement. b. A Cable Operator shall, at its own cost and expense, and in a manner approved by the property owner and the Franchising Authority, restore any private property to as good condition as before the work causing such disturbance was initiated. A Cable Operator shall repair, replace or compensate a property owner for any damage resulting from the Cable Operator's installation, construction, service or repair activities. If compensation is requested by the customer for damage caused by any Cable Operator activity, the Cable Operator shall reimburse the property owner one hundred (100) percent of the actual cost of the damage. c. Except in the case of an emergency involving public safety or service interruption to a large number of customers, a Cable Operator shall give reasonable notice to property owners or legal tenants prior to entering upon private premises, and the notice shall specify the work to be performed; provided that in the case of construction operations such notice shall be delivered or provided at least twenty-four (24) hours prior to entry, unless such notice is waived by the customer. For purposes of this subsection, “reasonable notice” shall be considered: i. For pedestal installation or similar major construction, seven (7) days. ii. For routine maintenance, such as adding or dropping service, tree trimming and the like, reasonable notice given the circumstances. Unless a Franchise Agreement has a different requirement, reasonable notice shall require, at a minimum, prior notice to a property owner or tenant, before entry is made onto that person’s property. iii. For emergency work a Cable Operator shall attempt to contact the property owner or legal tenant in person, and shall leave a door hanger notice in the event personal contact is not made. Door hangars must describe the issue and provide contact information where the property owner or tenant can receive more information about the emergency work. Nothing herein shall be construed as authorizing access or entry to private property, or any other property, where such right to access or entry is not otherwise provided by law. d. Cable Operator personnel shall clean all areas surrounding any work site and ensure that all cable materials have been disposed of properly. D. Services for Customers with Disabilities 1. For any customer with a disability, a Cable Operator shall deliver and pick up equipment at customers' homes at no charge unless the malfunction was caused by the actions of the customer. In the Packet Pg. 313 Attachment: Exhibit A (3228 : Cable TV Franchise - Customer Service Standards Ordinance) 9 case of malfunctioning equipment, the technician shall provide replacement equipment, hook it up and ensure that it is working properly, and shall return the defective equipment to the Cable Operator. 2. A Cable Operator shall provide either TTY, TDD, TYY, VRS service or other similar service that are in compliance with the Americans With Disabilities Act and other applicable law, with trained operators who can provide every type of assistance rendered by the Cable Operator's customer service representatives for any hearing-impaired customer at no charge. 3. A Cable Operator shall provide free use of a remote control unit to mobility-impaired (if disabled, in accordance with Section III.D.4) customers. 4. Any customer with a disability may request the special services described above by providing a Cable Operator with a letter from the customer's physician stating the need, or by making the request to the Cable Operator's installer or service technician, where the need for the special services can be visually confirmed. E. Cable Services Information 1. At any time a customer or prospective customer may request, a Cable Operator shall provide the following information, in clear, concise written form, easily accessible and located on Cable Operator’s website (and in Spanish, when requested by the customer): a. Products and services offered by the Cable Operator, including its channel lineup; b. The Cable Operator's complete range of service options and the prices for these services; c. The Cable Operator's billing, collection and disconnection policies; d. Privacy rights of customers; e. All applicable complaint procedures, including complaint forms and the telephone numbers and mailing addresses of the Cable Operator, and the FCC; f. Use and availability of parental control/lock out device; g. Special services for customers with disabilities; h. Days, times of operation, and locations of the service centers; 2. At a Customer’s request, a Cable Operator shall make available either a complete copy of these Standards and any other applicable customer service standards, or a summary of these Standards, in a format to be approve by the Franchising Authority, which shall include at a minimum, the URL address of a website containing these Standards in their entirety; provided however, that if the Franchising Authority does not maintain a website with a complete copy of these Standards, a Cable Operator shall be under no obligation to do so; Packet Pg. 314 Attachment: Exhibit A (3228 : Cable TV Franchise - Customer Service Standards Ordinance) 10 If acceptable to a customer, Cable Operator may fulfill customer requests for any of the information listed in this Section by making the requested information available electronically, such as on a website or by electronic mail. 3. Upon written request, a Cable Operator shall meet annually with the Franchising Authority to review the format of the Cable Operator’s bills to customers. Whenever the Cable Operator makes substantial changes to its billing format, it will contact the Franchising Authority at least thirty (30) days prior to the time such changes are to be effective, in order to inform the Franchising Authority of such changes. 4. Copies of notices provided to the customer in accordance with subsection 5 below shall be filed (by fax or email acceptable) concurrently with the Franchising Authority. 5. A Cable Operator shall provide customers with written notification of any change in rates for nondiscretionary cable services, and for service tier changes that result in a deletion of programming from a customer’s service tier, at least thirty (30) days before the effective date of change. For purposes of this section, “nondiscretionary” means the subscribed tier and any other Cable Services that a customer has subscribed to, at the time the change in rates are announced by the Cable Operator. 6. All officers, agents, and employees of the Cable Operator or its contractors or subcontractors who are in personal contact with customers and/or when working on public property, shall wear on their outer clothing identification cards bearing their name and photograph and identifying them as representatives of the Cable Operator. The Cable Operator shall account for all identification cards at all times. Every vehicle of the Cable Operator shall be clearly visually identified to the public as working for the Cable Operator. Whenever a Cable Operator work crew is in personal contact with customers or public employees, a supervisor must be able to communicate clearly with the customer or public employee. Every vehicle of a subcontractor or contractor shall be labeled with the name of the contractor and further identified as contracting or subcontracting for the Cable Operator. 7. Each CSR, technician or employee of the Cable Operator in each contact with a customer shall state the estimated cost of the service, repair, or installation orally prior to delivery of the service or before any work is performed, and shall provide the customer with an oral statement of the total charges before terminating the telephone call or before leaving the location at which the work was performed. A written estimate of the charges shall be provided to the customer before the actual work is performed. F. Customer Privacy 1. Cable Customer Privacy. In addition to complying with the requirements in this subsection, a Cable Operator shall fully comply with all obligations under 47 U.S.C. Section 551. 2. Collection and Use of Personally Identifiable Information. a. A Cable Operator shall not use the Cable System to collect, monitor or observe Personally Identifiable Information without the prior affirmative written or electronic consent of the Customer unless, and only to the extent that such information is: (i) used to detect unauthorized reception of cable communications, or (ii) necessary to render a Cable Service or Other Service provided by the Cable Operator to the Customer and as otherwise authorized by applicable law. Packet Pg. 315 Attachment: Exhibit A (3228 : Cable TV Franchise - Customer Service Standards Ordinance) 11 b. A Cable Operator shall take such actions as are necessary using then-current industry standard practices to prevent any Affiliate from using the facilities of the Cable Operator in any manner, including, but not limited to, sending data or other signals through such facilities, to the extent such use will permit an Affiliate unauthorized access to Personally Identifiable Information on equipment of a Customer (regardless of whether such equipment is owned or leased by the Customer or provided by a Cable Operator) or on any of the facilities of the Cable Operator that are used in the provision of Cable Service. This subsection F.2.b shall not be interpreted to prohibit an Affiliate from obtaining access to Personally Identifiable Information to the extent otherwise permitted by this subsection F. c. A Cable Operator shall take such actions as are necessary using then-current industry standard practices to prevent a person or entity (other than an Affiliate) from using the facilities of the Cable Operator in any manner, including, but not limited to, sending data or other signals through such facilities, to the extent such use will permit such person or entity unauthorized access to Personally Identifiable Information on equipment of a Customer (regardless of whether such equipment is owned or leased by the Customer or provided by a Cable Operator) or on any of the facilities of the Cable Operator that are used in the provision of Cable Service. 3. Disclosure of Personally Identifiable Information. A Cable Operator shall not disclose Personally Identifiable Information without the prior affirmative written or electronic consent of the Customer, unless otherwise authorized by applicable law. a. A minimum of thirty (30) days prior to making any disclosure of Personally Identifiable Information of any Customer for any Non-Cable related purpose as provided in this subsection F.3.a, where such Customer has not previously been provided the notice and choice provided for in subsection III.F.9, the Cable Operator shall notify each Customer (that the Cable Operator intends to disclose information about) of the Customer's right to prohibit the disclosure of such information for Non-cable related purposes. The notice to Customers may reference the Customer to his or her options to state a preference for disclosure or non-disclosure of certain information, as provided in subsection III.F.10. b. A Cable Operator may disclose Personally Identifiable Information only to the extent that it is necessary to render, or conduct a legitimate business activity related to, a Cable Service or Other Service provided by the Cable Operator to the Customer. c. To the extent authorized by applicable law, a Cable Operator may disclose Personally Identifiable Information pursuant to a subpoena, court order, warrant or other valid legal process authorizing such disclosure. 4. Access to Information. Any Personally Identifiable Information collected and maintained by a Cable Operator shall be made available for Customer examination within thirty (30) days of receiving a request by a Customer to examine such information about himself or herself at the local offices of the Cable Operator or other convenient place within the City designated by the Cable Operator, or electronically, such as over a website. Upon a reasonable showing by the Customer that such Personally Identifiable Information is inaccurate, a Cable Operator shall correct such information. 5. Privacy Notice to Customers a. A Cable Operator shall annually mail or provide a separate, written or electronic copy of the privacy statement to Customers consistent with 47 U.S.C. Section 551(a)(1), and shall provide a Packet Pg. 316 Attachment: Exhibit A (3228 : Cable TV Franchise - Customer Service Standards Ordinance) 12 Customer a copy of such statement at the time the Cable Operator enters into an agreement with the Customer to provide Cable Service. The written notice shall be in a clear and conspicuous format, which at a minimum, shall be in a comparable font size to other general information provided to Customers about their account as it appears on either paper or electronic Customer communications. b. In or accompanying the statement required by subsection F.5.a, a Cable Operator shall state substantially the following message regarding the disclosure of Customer information: "Unless a Customer affirmatively consents electronically or in writing to the disclosure of personally identifiable information, any disclosure of personally identifiable information for purposes other than to the extent necessary to render, or conduct a legitimate business activity related to, a Cable Service or Other Service, is limited to: i. Disclosure pursuant to valid legal process authorized by applicable law. ii. Disclosure of the name and address of a Customer subscribing to any general programming tiers of service and other categories of Cable Services provided by the Cable Operator that do not directly or indirectly disclose: (A) A Customer's extent of viewing of a Cable Service or Other Service provided by the Cable Operator; (B) The extent of any other use by a Customer of a Cable Service; (C) The nature of any transactions made by a Customer over the Cable System; or (D) The nature of programming or websites that a Customer subscribes to or views (i.e., a Cable Operator may only disclose the fact that a person subscribes to a general tier of service, or a package of channels with the same type of programming), provided that with respect to the nature of websites subscribed to or viewed, these are limited to websites accessed by a Customer in connection with programming available from their account for Cable Services.” The notice shall also inform the Customers of their right to prohibit the disclosure of their names and addresses in accordance with subsection F.3.a. If a Customer exercises his or her right to prohibit the disclosure of name and address as provided in subsection F.3.a or this subsection, such prohibition against disclosure shall remain in effect, unless and until the Customer subsequently changes their disclosure preferences as described in subsection F.9 below. 6. Privacy Reporting Requirements. The Cable Operator shall include in its regular periodic reports to the Franchising Authority required by its Franchise Agreement information summarizing: a. The type of Personally Identifiable Information that was actually collected or disclosed by Cable Operator during the reporting period; b. For each type of Personally Identifiable Information collected or disclosed, a statement from an authorized representative of the Cable Operator certifying that the Personally Identifiable Information collected or disclosed was: (A) collected or disclosed to the extent Necessary to render, or conduct a legitimate business activity related to, a Cable Service or Other Service provided by the Cable Operator; (B) used to the extent Necessary to detect unauthorized reception of cable communications: (C) disclosed pursuant to valid legal process authorized by applicable law; or (D) a disclosure of Personally Identifiable Information of particular subscribers, but only to the extent affirmatively consented to by such subscribers in writing or electronically, or as otherwise authorized by applicable law. Packet Pg. 317 Attachment: Exhibit A (3228 : Cable TV Franchise - Customer Service Standards Ordinance) 13 c. The standard industrial classification (SIC) codes or comparable identifiers pertaining to any entities to whom such Personally Identifiable Information was disclosed, except that a Cable Operator need not provide the name of any court or governmental entity to which such disclosure was made pursuant to valid legal process authorized by applicable law; d. The general measures that have been taken to prevent the unauthorized access to Personally Identifiable Information by a person other than the Customer or the Cable Operator. A Cable Operator shall meet with Franchising Authority if requested to discuss technology used to prohibit unauthorized access to Personally Identifiable Information by any means. 7. Nothing in this subsection III.F shall be construed to prevent the Franchising Authority from obtaining Personally Identifiable Information to the extent not prohibited by Section 631 of the Communications Act, 47 U.S.C. Section 551 and applicable laws. 8. Destruction of Personally Identifiable Information. A Cable Operator shall destroy any Personally Identifiable Information if the information is no longer necessary for the purpose for which it was collected and there are no pending requests or orders for access to such information under subsection 4 of this subsection III.F, pursuant to a court order or other valid legal process, or pursuant to applicable law. 9. Notice and Choice for Customers. The Cable Operator shall at all times make available to Customers one or more methods for Customers to use to prohibit or limit disclosures, or permit or release disclosures, as provided for in this subsection III.F. These methods may include, for example, online website “preference center” features, automated toll-free telephone systems, live toll-free telephone interactions with customer service agents, in-person interactions with customer service personnel, regular mail methods such as a postage paid, self-addressed post card, an insert included with the Customer’s monthly bill for Cable Service, the privacy notice specified in subsection III.F.5, or such other comparable methods as may be provided by the Cable Operator. Website “preference center” features shall be easily identifiable and navigable by Customers, and shall be in a comparable size font as other billing information provided to Customers on a Cable Operator’s website. A Customer who provides the Cable Operator with permission to disclose Personally Identifiable Information through any of the methods offered by a Cable Operator shall be provided follow-up notice, no less than annually, of the Customer’s right to prohibit these disclosures and the options for the Customer to express his or her preference regarding disclosures. Such notice shall, at a minimum, be provided by an insert in the Cable Operator’s bill (or other direct mail piece) to the Customer or a notice or message printed on the Cable Operator’s bill to the Customer, and on the Cable Operator’s website when a Customer logs in to view his or her Cable Service account options. The form of such notice shall also be provided on an annual basis to the Franchising Authority. These methods of notification to Customers may also include other comparable methods as submitted by the Cable Operator and approved by the Franchising Authority in its reasonable discretion. G. Safety A Cable Operator shall install and locate its facilities, cable system, and equipment in compliance with all federal, state, local, and company safety standards, and in such manner as shall not unduly interfere with or endanger persons or property. Whenever a Cable Operator receives notice that an unsafe condition exists with respect to its equipment, the Cable Operator shall investigate such condition immediately, and shall take such measures as are necessary to remove or eliminate any unsafe condition. Packet Pg. 318 Attachment: Exhibit A (3228 : Cable TV Franchise - Customer Service Standards Ordinance) 14 H. Cancellation of New Services In the event that a new customer requests installation of Cable Service and is unsatisfied with their initial Cable Service, and provided that the customer so notifies the Cable Operator of their dissatisfaction within 30 days of initial installation, then such customer can request disconnection of Cable Service within 30 days of initial installation, and the Cable Operator shall provide a credit to the customer’s account consistent with this Section. The customer will be required to return all equipment in good working order; provided such equipment is returned in such order, then the Cable Operator shall refund the monthly recurring fee for the new customer’s first 30 days of Cable Service and any charges paid for installation. This provision does not apply to existing customers who request upgrades to their Cable Service, to discretionary Cable Service such as PPV or movies purchased and viewed On Demand, or to customer moves and/or transfers of Cable Service. The service credit shall be provided in the next billing cycle. IV. COMPLAINT PROCEDURE A. Complaints to a Cable Operator 1. A Cable Operator shall establish written procedures for receiving, acting upon, and resolving customer complaints, and crediting customer accounts and shall have such procedures printed and disseminated at the Cable Operator's sole expense, consistent with Section III.E.1.e of these Standards. 2. Said written procedures shall prescribe a simple manner in which any customer may submit a complaint by telephone or in writing to a Cable Operator that it has violated any provision of these Customer Service Standards, any terms or conditions of the customer's contract with the Cable Operator, or reasonable business practices. If a representative of the Franchising Authority notifies the Cable Operator of a customer complaint that has not previously been made by the customer to the Cable Operator, the complaint shall be deemed to have been made by the customer as of the date of the Franchising Authority’s notice to the Cable Operator. 3. At the conclusion of the Cable Operator's investigation of a customer complaint, but in no more than ten (10) calendar days after receiving the complaint, the Cable Operator shall notify the customer of the results of its investigation and its proposed action or credit. 4. A Cable Operator shall also notify the customer of the customer's right to file a complaint with the Franchising Authority in the event the customer is dissatisfied with the Cable Operator's decision, and shall thoroughly explain the necessary procedures for filing such complaint with the Franchising Authority. 5. A Cable Operator shall immediately report all customer Escalated complaints that it does not find valid to the Franchising Authority. 6. A Cable Operator's complaint procedures shall be filed with the Franchising Authority prior to implementation. Packet Pg. 319 Attachment: Exhibit A (3228 : Cable TV Franchise - Customer Service Standards Ordinance) 15 B. Complaints to the Franchising Authority 1. Any customer who is dissatisfied with any proposed decision of the Cable Operator or who has not received a decision within the time period set forth below shall be entitled to have the complaint reviewed by the Franchising Authority. 2. The customer may initiate the review either by calling the Franchising Authority or by filing a written complaint together with the Cable Operator's written decision, if any, with the Franchising Authority. 3. The customer shall make such filing and notification within twenty (20) days of receipt of the Cable Operator's decision or, if no decision has been provided, within thirty (30) days after filing the original complaint with the Cable Operator. 4. If the Franchising Authority decides that further evidence is warranted, the Franchising Authority shall require the Cable Operator and the customer to submit, within ten (10) days of notice thereof, a written statement of the facts and arguments in support of their respective positions. 5. The Cable Operator and the customer shall produce any additional evidence, including any reports from the Cable Operator, which the Franchising Authority may deem necessary to an understanding and determination of the complaint. 6. The Franchising Authority shall issue a determination within fifteen (15) days of receiving the customer complaint, or after examining the materials submitted, setting forth its basis for the determination. 7. The Franchising Authority may extend these time limits for reasonable cause and may intercede and attempt to negotiate an informal resolution. C. Security Fund or Letter of Credit A Cable operator shall comply with any Franchise Agreement regarding Letters of Credit. If a Franchise Agreement is silent on Letter of Credit the following shall apply: 1. Within thirty (30) days of the written notification to a Cable Operator by the Franchising Authority that an alleged Franchise violation exists, a Cable Operator shall deposit with an escrow agent approved by the Franchising Authority fifty thousand dollars ($50,000) or, in the sole discretion of the Franchising Authority, such lesser amount as the Franchising Authority deems reasonable to protect subscribers within its jurisdiction. Alternatively, at the Cable Operator’s discretion, it may provide to the Franchising Authority an irrevocable letter of credit in the same amount. The escrowed funds or letter of credit shall constitute the "Security Fund" for ensuring compliance with these Standards for the benefit of the Franchising Authority. The escrowed funds or letter of credit shall be maintained by a Cable Operator at the amount initially required, even if amounts are withdrawn pursuant to any provision of these Standards, until any claims related to the alleged Franchise violation(s) are paid in full. 2. The Franchising Authority may require the Cable Operator to increase the amount of the Security Fund, if it finds that new risk factors exist which necessitate such an increase. Packet Pg. 320 Attachment: Exhibit A (3228 : Cable TV Franchise - Customer Service Standards Ordinance) 16 3. The Security Fund shall serve as security for the payment of any penalties, fees, charges or credits as provided for herein and for the performance by a Cable Operator of all its obligations under these Customer Service Standards. 4. The rights reserved to the Franchising Authority with respect to the Security Fund are in addition to all other rights of the Franchising Authority, whether reserved by any applicable franchise agreement or authorized by law, and no action, proceeding or exercise of a right with respect to same shall in any way affect, or diminish, any other right the Franchising Authority may otherwise have. D. Verification of Compliance A Cable Operator shall establish its compliance with any or all of the standards required through annual reports that demonstrate said compliance, or as requested by the Franchising Authority. E. Procedure for Remedying Violations 1. If the Franchising Authority has reason to believe that a Cable Operator has failed to comply with any of these Standards, or has failed to perform in a timely manner, the Franchising Authority may pursue the procedures in its Franchise Agreement to address violations of these Standards in a like manner as other franchise violations are considered. 2. Following the procedures set forth in any Franchise Agreement governing the manner to address alleged Franchise violations, if the Franchising Authority determines in its sole discretion that the noncompliance has been substantiated, in addition to any remedies that may be provided in the Franchise Agreement, the Franchising Authority may: a. Impose assessments of up to one thousand dollars ($1,000.00) per day, to be withdrawn from the Security Fund in addition to any franchise fee until the non-compliance is remedied; and/or b. Order such rebates and credits to affected customers as in its sole discretion it deems reasonable and appropriate for degraded or unsatisfactory services that constituted noncompliance with these Standards; and/or c. Reverse any decision of the Cable Operator in the matter and/or d. Grant a specific solution as determined by the Franchising Authority; and/or e. Except for in emergency situations, withhold licenses and permits for work by the Cable Operator or its subcontractors in accordance with applicable law. V. MISCELLANEOUS A. Severability Should any section, subsection, paragraph, term, or provision of these Standards be determined to be illegal, invalid, or unconstitutional by any court or agency of competent jurisdiction with regard Packet Pg. 321 Attachment: Exhibit A (3228 : Cable TV Franchise - Customer Service Standards Ordinance) 17 thereto, such determination shall have no effect on the validity of any other section, subsection, paragraph, term, or provision of these Standards, each of the latter of which shall remain in full force and effect. B. Non-Waiver Failure to enforce any provision of these Standards shall not operate as a waiver of the obligations or responsibilities of a Cable Operator under said provision, or any other provision of these Standards. Revised 6/18/13. Packet Pg. 322 Attachment: Exhibit A (3228 : Cable TV Franchise - Customer Service Standards Ordinance) Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY June 2, 2015 City Council STAFF Laurie Kadrich, Community Development & Neighborhood Services Dir Cameron Gloss, Planning Manager SUBJECT First Reading of Ordinance No. 069, 2015, Amending Section 1.3.4 of the Land Use Code to Exclude Certain Residential Zone Districts from the "Addition of Permitted Use" Process. EXECUTIVE SUMMARY The purpose of this item is to amend the Land Use Code so that the ability to apply the Addition of Permitted Use process in nine zone districts would not be allowed. STAFF RECOMMENDATION Staff recommends that consideration of this item be delayed so that the APU process and standards can be more fully examined during the on-going Old Town Neighborhoods Plan (formerly Eastside and Westside Neighborhoods Plan) and upcoming City Plan updates. BACKGROUND / DISCUSSION The ability of the Planning and Zoning Board to consider adding uses, which are already defined in the Land Use Code, to zone districts where such uses are otherwise not permitted was introduced into the Land Use Code in 2008. Since that time, 20 uses have been proposed and are summarized as follows: Summary of the 20 applications presented to the P & Z Board: Approved 8 Approved with Conditions 7 Denied 4 Withdrawn 1 Summary of all applications by Zone District (including the eight in a mixed-use Overall Development Plan) - total of 30 uses in 12 zone districts: U-E Urban Estate 3 R-L Low Density Residential 1 L-M-N Low Density Mixed-Use Neighborhood 2 N-C-L Neighborhood Conservation Low Density 3 N-C-M Neighborhood Conservation Medium 3 N-C-B Neighborhood Conservation Buffer 3 D Downtown 2 C-C-N Community Commercial North College 2 C-C-R Community Commercial Poudre River 1 C-G, General Commercial 2 Packet Pg. 323 Agenda Item 13 Item # 13 Page 2 H-C Harmony Corridor 2 I Industrial 6 Over the past two years, the Planning and Zoning Board formed a sub-committee to meet with a group of residents to address various issues related to the APU process in zone districts that permit varying degrees of residential uses. The result was that several revisions to the APU process were adopted as reflected in the attached summary. The Planning and Zoning Board continues to receive input on these revisions, including a specific citizen request to prohibit the APU process in nine specific residential zone districts however, this input did not result in the requested prohibition. On March 24, 2015, a Council work session was held to discuss potential options for amending the APU process. At the Work Session, Council requested that staff consider changes to the Land Use Code that would provide greater land use certainty within residential areas. Specific suggestions included: • Consider how we can better limit the location for specific uses within residential areas that will protect neighborhood interests. The Boarding House standards were cited as a specific example of regulations that appear to be working well. • Comprehensively map neighborhood boundaries and setup a database for neighborhood contacts. Note: A Neighborhood District initiative addressing this suggestion is currently underway. • Consider additional performance standards for non-residential APU applications. • Consider how, if at all, property values are impacted by APU approvals. The City has drafted a Development Review Process Survey that will be administered at the end of May, polling both citizens and members of the development community. Some of the questions posed within the survey will pertain to the inclusion of non-residential uses within residential areas, which appears to be one of the central issues raised by critics of the APU process. Staff is also in the process of engaging the residents and business owners in the Old Town Neighborhoods as part of the update to the East and West Side Neighborhood Plans. In addition, staff will soon begin the five- year update to City Plan. Combined with the survey, these planning efforts will afford ample opportunity to gather public input on the use of the APU process in the nine identified zones. CITY FINANCIAL IMPACTS There are no financial or economic impacts associated with this item at this time. BOARD / COMMISSION RECOMMENDATION At its regular meeting on May 14, 2015, the Planning and Zoning Board voted unanimously to recommend that this item be continued to allow for further study. PUBLIC OUTREACH There has been no public outreach on the APU process since the adoption of the most recent revisions in September 2014. Packet Pg. 324 Agenda Item 13 Item # 13 Page 3 ATTACHMENTS 1. Work Session Summary, March 24, 2015 (PDF) 2. Planning and Zoning Board minutes, May 14, 2015 (PDF) 3. Powerpoint presentation (PDF) Packet Pg. 325 ATTACHMENT 1 Packet Pg. 326 Attachment: Work Session Summary, March 24, 2015 (3226 : Addition of Permitted Use-LUC) Packet Pg. 327 Attachment: Work Session Summary, March 24, 2015 (3226 : Addition of Permitted Use-LUC) Addition of Permitted Use Land Use Code Amendments Since 2013 Text changes as noted in yellow below: 1.3.4 Addition of Permitted Uses (A) Purpose Statement. The purpose of the Addition of Permitted Use process is to allow for the approval of a particular land use to be located on a specific parcel within a zone district that otherwise would not permit such a use. Under this process, an applicant may submit a plan that does not conform to the zoning, with the understanding that such plan will be subject to a heightened level of review, with close attention being paid to compatibility and impact mitigation. This process is intended to allow for consideration of unforeseen uses and unique circumstances on specific parcels with evaluation based on the context of the surrounding area. The process allows for consideration of emerging issues, site attributes or changed conditions within the neighborhood surrounding and including the subject property. For residential neighborhoods, land use flexibility shall be balanced with the existing residential character. Projects are expected to continue to meet the objectives of any applicable sub-area plan and City Plan. The process encourages dialogue and collaboration among applicants, affected property owners, neighbors and City Staff. (B) Applicability. This Section is applicable only under the following circumstances: (1) Where the proposed use is not listed as a permitted use in any zone district, does not fall within any existing use classification and is proposed as being appropriate to be added to the permitted uses in the zone district. If approved under this Section, such use shall be considered for inclusion into the zone district pursuant to Division 2.9; or (2) Where the proposed use is listed as a permitted use in one (1) or more zone district(s) and is proposed based solely on unique circumstances and attributes of the site and development plan. (C) Required Findings. In conjunction with an application for approval of an overall development plan, a project development plan, a final plan or any amendment of the foregoing, and upon the petition of the applicant or on the Director's own initiative, the Director (or the Planning and Zoning Board as specifically authorized and limited in subsection (D) below) may add to the uses specified in a particular zone district any other similar use which conforms to all of the following conditions: (1) Such use is appropriate in the zone district to which it is added. (2) Such use conforms to the basic characteristics of the zone district and the other permitted uses in the zone district to which it is added. (3) The location, size, design, and operating characteristics of such use is compatible with and has minimal negative impact on the use of nearby properties. ATTACHMENT 2 (4) Such use does not create any more offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences or any more traffic hazards, traffic generation or attraction, adverse environmental impacts, adverse impacts on public or quasi-public facilities, utilities or services, adverse effect on public health, safety, morals or aesthetics, or other adverse impacts of development, than the amount normally resulting from the other permitted uses listed in the zone district to which it is added. (5) Such use will not change the predominant character of the surrounding area. (6) Such use is compatible with the other listed permitted uses in the zone district to which it is added. (7) Such use, if located within or adjacent to an existing residential neighborhood, shall be subject to two (2) neighborhood meetings, unless the Director determines, from information derived from the conceptual review process, that the development proposal would not have any significant neighborhood impacts. The first neighborhood meeting must take place prior to the submittal of an application. The second neighborhood meeting must take place after the submittal of an application and after the application has completed the first round of staff review. (8) Such use is not a medical marijuana dispensary or a medical marijuana cultivation facility. (D) Planning and Zoning Board Authority and Limitation. In conjunction with an application for approval of an overall development plan, a project development plan, a final plan or any amendment of the foregoing, the Planning and Zoning Board may add a proposed use if the Board specifically finds that such use would not be detrimental to the public good and would be in compliance with the requirements and criteria contained in Section 3.5.1, provided that such addition of a proposed use by the Planning and Zoning Board must be specific to the proposed site and shall not be considered for a text amendment under subsection (E) below and provided further that such use is not specifically listed as a "Prohibited Use" in the zone district in which the proposed site is located. (E) Codification of New Use. When any use has been added by the Director to the list of permitted uses in any zone district in accordance with subsection (C) above, such use shall be promptly considered for an amendment to the text of this Code under Division 2.9. If the text amendment is approved, such use shall be deemed to be permanently listed in the appropriate permitted use list of the appropriate zone district and shall be added to the published text of this Code, at the first convenient opportunity, by ordinance of City Council pursuant to Division 2.9. If the text amendment is not approved, such use shall not be deemed permanently listed in the zone district, except that such use shall continue to be deemed a permitted use in such zone district for only the development proposal for which it was originally approved under subsection (C) above. (F) Conditions. When any use has been added to the list of permitted uses in any zone district in accordance with this Section, the Director (or the Planning and Zoning Board, if applicable) may impose such conditions and requirements (including, but not limited to, conditions related to the location, size, design, and operating characteristics) on such use as are necessary or desirable to: (1) accomplish the purposes and intent of this Code, (2) ensure consistency with the City Plan and its adopted components and associated sub- area plans, and (3) prevent or minimize adverse effects and impacts. (G) Right of Future Changes to Approved APU. Approvals under this section are specific to the subject APU application. Any further changes to the use or its location, size, design or operating characteristics, in a manner that changes the predominant character of or increases the impact to the surrounding area, will require a new Addition of Permitted Use. Jennifer Carpenter, Chair City Council Chambers Kristin Kirkpatrick, Vice Chair City Hall West Jeff Hansen 300 Laporte Avenue Gerald Hart Fort Collins, Colorado Emily Heinz Michael Hobbs Cablecast on City Cable Channel 14 Jeffrey Schneider on the Comcast cable system The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224-6001) for assistance. Regular Hearing May 14, 2015 Minutes Excerpt regarding the APU section of the Land Use Code. Project: 2015 Land Use Code Annual Revisions Project Description: This is a request for a Recommendation to City Council regarding the bi-annual update to the Land Use Code. There are proposed revisions, clarifications and additions to the Code that address a variety of subject areas that have arisen since the last bi-annual update in December of 2014. Recommendation: Approval with exceptions Staff and Applicant Presentations Chief Planner Shepard introduced the topic and he reviewed the items that were added since the work session: Item #1014, which was more of a housekeeping correction of conflicts, and Item 1015, Addition of Permitted Use (APU), which calls for the prohibition of the APU in 9 zone districts. Planning Manager Gloss stated that Staff is proposing an amendment to the parking standards relative to fraternities and sororities that would change the basis for the standard from the number of bedrooms to the number of beds within bedrooms. He gave an example of how the proposed standard would be different from the existing standard. He also said there is an alternative compliance section that was suggested by Staff, Planning and Zoning Board Minutes ATTACHMENT 3 Packet Pg. 328 Attachment: Planning and Zoning Board minutes, May 14, 2015 (3226 : Addition of Permitted Use-LUC) Planning & Zoning Board May 14, 2015 Page 2 which would be evaluated by Staff on a case-by-case basis; for example, if travel were reduced through ride share vehicles, the number of required parking spaces could be reduced. Planning Manager Gloss also explained the recent changes to the APU process. There is City Council direction to Staff to bring APU changes to the P&Z Board that would amend 9 of the 25 zone districts (all residential) to not permit the APU provisions for non-residential uses. Planning Manager Gloss named each of the affected zone districts. He stated that Staff feels that this proposed code change is premature and that additional policy analysis be performed for the following reasons: x there is an upcoming survey (next month) of neighborhood residents as well as developers to address this topic; x this topic has had ongoing discussion throughout the current Old Town Neighborhoods Plan; and x revision of this policy would be appropriate during the upcoming revisions to the City Plan. Sue Beck-Ferkiss, from Social Sustainability, reviewed the need for a seasonal community overflow homeless shelter. Rather than building additional shelters, she proposed leveraging existing community assets to provide this service. Because some of the locations used in the past have had barriers due to the LUC restrictions, Council was asked to relieve barriers annually on a case-by-case basis. Council requested a longer term plan to address this need. She illustrated this situation with prior year events, discussing the roles played by each of the city and county partners. She acknowledged the need to have an “agreement” in order to sustain this project and provided statistics on past shelter usage. Board Questions and Staff Response Member Kirkpatrick asked whether any APUs had been considered for this request, and Ms. Beck- Ferkiss responded that she had worked with the Planning Department and determined that the present method would be best overall. There was also some discussion regarding the hours of operation and the provision for transportation, both of which are based on the parameter that this shelter is only for emergency situations. Member Hart asked about the defined use of these overflow shelters, and Chief Planner Shepard stated that the number of zone districts could be reduced in the lower density zones. Member Hobbs asked if there are prescribed maximums for each shelter; Ms. Beck-Ferkiss responded that the maximum is 50. Member Hansen asked what the maximum number of beds is at all shelters, and Ms. Beck-Ferkiss responded that there are approximately 160 beds before overflow needs. Member Hansen asked how many locations would be needed, and Ms. Beck-Ferkiss replied that generally only one would be activated on an annual basis as overflow due to cost. She also described how the shelters are operated. Member Schneider asked why the APU isn’t being utilized. Chief Planner Shepard stated that the goal was not to preclude a willing partner, since many different locations could be involved. The APU is still an option, and the Director could approve the use; however, the APU can only be applied to a specific location. Member Schneider feels that the APU process could provide relief because the process would not have to be repeated. Secretary Schiager stated that three emails had been received in support of adding the permitted use of a seasonal overflow shelter to the Land Use Code, and one email had been received in opposition to the proposed change to the APU process. Public Input Eric Sutherland, 3520 Golden Currant Boulevard, stated that he feels there are missing items in the LUC revisions that should have been addressed, including the overall SPAR process, which he believes is still incompatible with City processes. Packet Pg. 329 Attachment: Planning and Zoning Board minutes, May 14, 2015 (3226 : Addition of Permitted Use-LUC) Planning & Zoning Board May 14, 2015 Page 3 Katherine Dubiel, 2936 Eindborough Drive, spoke in support of the overflow shelters. She feels that what is lacking in this LUC is community involvement. She also suggested increased usage of “Next Door” to better communicate with the residents of the affected neighborhoods. She feels that the City has been ignoring citizens who want to be involved in the APU process improvement. Richard Bunch, 1839 Fromme Prairie Way, is associated with the Community of Christ Church. He was not aware of any issues or concerns raised, and he confirmed that his organization was communicating with the staff at Catholic Charities. He is supporting the broadening of the LUC to allow for use of his facility again as a part of a long-term plan for overflow shelters. Paul Patterson, 2936 Eindborough Drive, expressed his appreciation to the Board for their handling of the homeless shelter portion of the LUC and he requested that the Board withdraw this portion of the revision approval for this hearing. He also commented on the definitions and the development standard portions of the homeless shelters and pointed out some inconsistencies in the language. He is also concerned that the APU issues are being included in this round of revisions and was under the impression that they would be addressed in the fall. Brian Tribby, 525 E. Drake Road, is on the Board of Directors for Homeward 2020. He stated his concern with the statistics that were presented relative to the homeless situation in Fort Collins. He is also concerned that our shelters are not available at times when they are needed. He is favor of having a more workable plan going forward. Russ McCahan, 815 Whedbee, is a founding Board member of Faith Family Hospitality (a United Way program), which provides homeless shelters for families in Fort Collins and is also associated with the Fort Collins Mennonite Fellowship. He has not been aware of specific issues with running this shelter and wants to encourage the Board to address the homeless situation in our community. Tim Dolan, 4212 New Hampton Court, the Shelter Coordinator for Catholic Charities, presented statistics on the shelter operations and shared the objectives of the shelter. He encouraged the Board to continue to plan ahead for future shelter needs. Staff/Applicant Response to Citizen Concerns Ms. Beck-Ferkiss responded to citizen concerns by reviewing the staff enhancements scheduled for next year. Chief Planner Shepard also explained the difference between group homes and seasonal overflow shelters, which is based on the time frame that a homeless person occupies a home/shelter. Board members took a break at 8:05pm and reconvened at 8:15pm. Board Deliberation Member Hart stated that he feels that items #1004 (Seasonal Overflow Shelters) and #1015 (Amending the APU Process) need additional discussion. Member Hart asked about item #1013 (Required Minimum Parking for Fraternities and Sororities) related to counting the number of beds. Planning Manager Gloss responded that this item would be monitored based on periodic inspections. Member Hobbs asked why beds are counted instead of occupants; Planning Manager Gloss responded that either count is acceptable but to count beds is customary and typical. Packet Pg. 330 Attachment: Planning and Zoning Board minutes, May 14, 2015 (3226 : Addition of Permitted Use-LUC) Planning & Zoning Board May 14, 2015 Page 4 Member Hart made a motion that the Planning and Zoning Board recommend that City Council approve the 2015 Spring Land Use Code changes with the exception of items #1004 and #1015, which merit additional discussion. Member Hobbs seconded the motion. Vote: 6:0. Regarding item #1004 (Seasonal Overflow Shelter), Member Schneider is concerned that this issue does not seem to be addressed on a long-term basis and feels there should be more community outreach on this topic. Member Hobbs agreed and asked if Staff would consider alternative ways to achieve the City’s goals. Vice Chair Kirkpatrick stated that she doesn’t believe this issue should be approved without further review, but would support having it expedited in the future. Member Hansen agreed that, while a solution is needed, he doesn’t support making a quick decision. He asked if these shelters would have to be “renewed” annually, and Chief Planner Shepard explained that it would need an annual renewal from an operational standpoint, but not from a LUC perspective. The APU process would allow an approved operation to continue indefinitely. Member Hart stated his support of finding a long-term solution and would like to see participation within the affected communities. Chair Carpenter stated her concern that this topic did not have appropriate public input, and she questioned whether the process could be altered. She feels that the Board is in agreement and would like to table this issue for now. Member Hart made a motion that the Planning and Zoning Board recommend to City Council to table the spring 2015 Land Use Code change for item #1004 pending further staff work. Member Schneider seconded. Chair Carpenter added a friendly amendment that this review is expedited for review prior to the Fall LUC change recommendations. Member Hart accepted this amendment. Vote 6-0. Regarding item #1015 (Amending the APU Process), Member Hart commented that the LUC is so prescriptive, which is why the APU is a useful tool in allowing changes to zoning and usage. He is not in favor of these changes. Member Schneider is also opposed to changing these 9 zones, and he feels that approving this recommendation would be a disservice to the community and City Plan. Member Hobbs doesn’t believe that allowing the continued use of the APU process will cause unbridled development in neighborhoods where it isn’t welcome; since APU’s undergo rigorous reviews, he believes that the process functions in a positive and valuable manner. Vice Chair Kirkpatrick feels that this Board has been very consistent in their past decisions and considers the APU process to be a useful tool for all zone districts. Member Hansen agreed with the other Board members and would be open to other revisions aside from this one. Member Hart feels that this Board has been careful to ensure that neighborhoods are not negatively impacted. Chair Carpenter feels that the Board has worked diligently to protect neighborhoods in their APU reviews, and she would like the opportunity to discuss this recommendation before it is considered by the City Council. She believes it serves a valuable role in the planning process by preserving flexibility within such a prescriptive code. Director Kadrich stated that this information had been presented to the City Council during a work session at their request. Council had made a recommendation to include this topic in further studies through the City Plan at a later date. They were also approached by citizens and had asked for an update, which was provided in a summary format. She recommended that this item be taken to Council for separate consideration, rather than as part of the bi-annual revision process. Member Schneider made a motion that the Planning and Zoning Board recommend to City Council not to amend 1.3.4, the Addition of Permitted Use, to remove the APU from the nine zone districts listed by Staff. Member Hobbs seconded. Vote 6-0. Packet Pg. 331 Attachment: Planning and Zoning Board minutes, May 14, 2015 (3226 : Addition of Permitted Use-LUC) Spring ‘15 Land Use Code Revisions ©Copyright 2014 City of Fort Collins. All Rights Reserved. 1 ATTACHMENT 4 Packet Pg. 332 Attachment: Powerpoint presentation (3226 : Addition of Permitted Use-LUC) Spring ‘15 Land Use Code Revisions • Two new items • Staff presentations – Item 1013 – Parking for Fraternities and Sororities – Item 1015 – Addition of Permitted Use – Item 1004 – Seasonal Overflow Shelters ©Copyright 2014 City of Fort Collins. All Rights Reserved. 2 Packet Pg. 333 Attachment: Powerpoint presentation (3226 : Addition of Permitted Use-LUC) New Items • Item 1014 Amend 2.11.2(E)(F)(H) – Administrative Review Procedures – to correct three internal conflicts with regard to the applicability of a staff report, notice and the size of the notification area. – Summary on page 8 of 9 of the Annotated Issue List. – Ordinance section number 2. ©Copyright 2014 City of Fort Collins. All Rights Reserved. 3 Packet Pg. 334 Attachment: Powerpoint presentation (3226 : Addition of Permitted Use-LUC) New Items • Amend 1.3.4 (B) Prohibiting Addition of Permitted Use applications uses in nine zones: R-U-L Rural Lands U-E Urban Estate R-F Residential Foothills R-L Low Density Residential N-C-L Neighborhood Conservation Low Density N-C-M Neighborhood Conservation Medium Density N-C-B Neighborhood Conservation Buffer L-M-N Low Density Mixed-Use Neighborhood M-M-N Medium Density Mixed-Use Neighborhood ©Copyright 2014 City of Fort Collins. All Rights Reserved. 4 Packet Pg. 335 Attachment: Powerpoint presentation (3226 : Addition of Permitted Use-LUC) Item 1013: Parking for Fraternities and Sororities Bedroom Configuration Existing Standards Proposed Standards 18 bedrooms (1 bed) 12 spaces 12 spaces 12 bedrooms (1 bed) 6 bedrooms (2 beds) 12 spaces 16 spaces 6 bedrooms (1 bed) 12 bedrooms (2 beds) 12 spaces 20 spaces ©Copyright 2014 City of Fort Collins. All Rights Reserved. 5 Packet Pg. 336 Attachment: Powerpoint presentation (3226 : Addition of Permitted Use-LUC) Overflow Shelter December 2014 – March 2015 ©Copyright 2014 City of Fort Collins. All Rights Reserved. 6 Packet Pg. 337 Attachment: Powerpoint presentation (3226 : Addition of Permitted Use-LUC) ©Copyright 2014 City of Fort Collins. All Rights Reserved. 7 Community of Christ Church Packet Pg. 338 Attachment: Powerpoint presentation (3226 : Addition of Permitted Use-LUC) Site & Zoning Packet Pg. 339 Attachment: Powerpoint presentation (3226 : Addition of Permitted Use-LUC) 2014 Community Response • Partnership between: Ø Catholic Charities Ø Community of Christ Church ØUnited Way of Larimer County Ø City of Fort Collins ©Copyright 2014 City of Fort Collins. All Rights Reserved. 9 Packet Pg. 340 Attachment: Powerpoint presentation (3226 : Addition of Permitted Use-LUC) Partners Roles Ø Catholic Charities – Shelter Operator Ø Community of Christ Church – Location Ø United Way of Larimer County- Fiscal Agent Ø City of Fort Collins – Facilitator & Funder vBFO funding available in 2015 and 2016 vFacilitate neighborhood meetings ©Copyright 2014 City of Fort Collins. All Rights Reserved. 10 Packet Pg. 341 Attachment: Powerpoint presentation (3226 : Addition of Permitted Use-LUC) MOU Provisions • Catholic Charities agreed to be shelter operator – Supervise clients and volunteers during hours of operation – Responsible for upkeep of facility – Disperse motel vouchers for families – Community contact ©Copyright 2014 City of Fort Collins. All Rights Reserved. 11 Packet Pg. 342 Attachment: Powerpoint presentation (3226 : Addition of Permitted Use-LUC) MOU Provisions • Dates of Operation: November –March • Hours of Operation: 10pm-6:15am • Staffing: 2 Catholic Charities Employees on site • Dry Shelter – Breathalyzers administered • Maximum number of guests: 20 women ©Copyright 2014 City of Fort Collins. All Rights Reserved. 12 Packet Pg. 343 Attachment: Powerpoint presentation (3226 : Addition of Permitted Use-LUC) Results and Moving Forward Ø Provided 528 nights of Shelter – average 4 per night – Busiest night = 10 women • No complaints or issues Ø Potential Partners for 2015 v Community of Christ – NCB vSummitview Church – RL (arterial) vSt. Joseph’s Knights of Columbus Hall - NCB ©Copyright 2014 City of Fort Collins. All Rights Reserved. 13 Packet Pg. 344 Attachment: Powerpoint presentation (3226 : Addition of Permitted Use-LUC) - 1 - ORDINANCE NO. 069, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 1.3.4 OF THE LAND USE CODE TO EXCLUDE CERTAIN RESIDENTIAL ZONE DISTRICTS FROM THE “ADDITION OF PERMITTED USE” PROCESS WHEREAS, on March 18, 1997, by its adoption of Ordinance No. 051, 1997, the City Council enacted the Fort Collins Land Use Code (the "Land Use Code"); and WHEREAS, Section 1.3.4 of the Land Use Code contains provisions whereby additional uses can be permitted in zone districts under a process involving either the Planning and Zoning Board or the Director; and WHEREAS, concerns have been expressed to members of the City Council from some residential property owners that the addition of uses under the process provided in Section 1.3.4 within residential neighborhoods diminishes residential property values, increases incompatibility between uses and causes unpredictable outcomes; and WHEREAS, the City Council has determined that it is in the best interests of the City that the addition of permitted use process established in Section 1.3.4 of the Land Use Code should not apply to any of the following zone districts: • Rural Lands District (R-U-L) • Urban Estate District (U-E) •. Residential Foothills District (R-F) • Low Density Residential District (R-L) • Low Density Mixed-Use Neighborhood District (L-M-N) • Medium Density Mixed-Use Neighborhood District (M-M-N) • Neighborhood Conservation, Low Density District (N-C-L) • Neighborhood Conservation, Medium Density District (N-C-M) • Neighborhood Conservation, Buffer District (N-C-B). NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Section 1.3.4 of the Land Use Code is hereby amended to read as follows: 1.3.4 Addition of Permitted Uses (A) Purpose Statement. The purpose of the Addition of Permitted Use process is to allow for the approval of a particular land use to be located on a specific parcel within a zone district that otherwise would not permit such a use. Under this process, an applicant may submit a plan that does not conform to the zoning, with the understanding that such plan will be subject to a heightened level of review, with close attention being paid to compatibility and impact mitigation. This process is intended to allow for consideration of unforeseen uses and unique circumstances on specific parcels with evaluation based on the context of the surrounding area. The process allows for consideration of emerging issues, site attributes or changed conditions within the neighborhood surrounding and Packet Pg. 345 - 2 - including the subject property. For the residential neighborhoods specified in paragraph (B) below, in order to ensure land use stability and in order to preserve the existing residential character of such neighborhoods, the addition of permitted use process shall not be availableland use flexibility shall be balanced with the existing residential character. Projects are expected to continue to meet the objectives of any applicable sub-area plan and City Plan. The process encourages dialogue and collaboration among applicants, affected property owners, neighbors and City Staff. (B) Applicability. This Section is applicable only under the following circumstances: (1) Where the proposed use is not listed as a permitted use in any zone district, does not fall within any existing use classification and is proposed as being appropriate to be added to the permitted uses in the zone district. If approved under this Section, such use shall be considered for inclusion into the zone district pursuant to Division 2.9; or (2) Where the proposed use is listed as a permitted use in one (1) or more zone district(s) and is proposed based solely on unique circumstances and attributes of the site and development plan. (3) Where the proposed use is not located in any of the following zone districts: a. Rural Lands District (R-U-L) b. Urban Estate District (U-E) c. Residential Foothills District (R-F) d. Low Density Residential District (R-L) e. Low Density Mixed-Use Neighborhood District (L-M-N) f. Medium Density Mixed-Use Neighborhood District (M-M-N) g. Neighborhood Conservation, Low Density District (N-C-L) h. Neighborhood Conservation, Medium Density District (N-C-M) i. Neighborhood Conservation, Buffer District (N-C-B) . . . Packet Pg. 346 - 3 - Introduced, considered favorably on first reading, and ordered published this 2nd day of June, A.D. 2015, and to be presented for final passage on the 7th day of July, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on this 7th day of July, A.D. 2015. __________________________________ Mayor ATTEST: _____________________________ City Clerk Packet Pg. 347 Agenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY June 2, 2015 City Council STAFF Rick Richter, Director of Infrastructure Services Erika Keeton, Special Project Engineer SUBJECT First Reading of Ordinance 070, 2015, Appropriating Prior Year Reserves in the General Fund for Transfer to the Capital Projects Fund for the Lincoln Corridor Improvements Project and Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. EXECUTIVE SUMMARY The purpose of this item is to appropriate the remaining funding for design, right of way acquisition and construction of the Lincoln Avenue Improvements from 1st Street to Lemay Avenue. The scope of the proposed improvements is based on the concepts approved in the Lincoln Corridor Plan with a reduced level of enhancement consistent with the proposed budget. Based on the Lincoln Corridor Plan estimated cost of $19.3 million for the entire project from Jefferson to Lemay, the cost to improve the section from 1st Street to Lemay Avenue is $8 million. With the reduced level of enhancements currently approved, the project is estimated to cost $6.5 million. This Council action would appropriate $1,968,119 from General Fund Reserves. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The Lincoln Corridor is unique. The Corridor is growing and already reflects an eclectic mix of existing uses, historic neighborhoods, retail, industrial, and natural areas-as well as a developing technology campus. In addition, this portion of Lincoln Avenue lacks basic infrastructure in many places and needs to be brought up to current City standards. Years ago Lincoln Avenue was a main entrance to downtown, and over the years it has declined in prominence. City Plan (2011) identified the Lincoln Corridor as an important project and a gateway for the downtown and East Mulberry corridor area. In addition, City Plan recognized the potential for Lincoln to become a “Great Green Street” by developing a new road design to address context-sensitive solutions to connect with Downtown and surrounding areas. The Lincoln Corridor is also recognized as a priority gateway in the Downtown Plan (1989) and the adopted Streetscape Standards, which indicate where a standard arterial streetscape approach should apply and where other corridor segments and gateway intersections warrant their own tailored and more enhanced approach to streetscape design and management. Based on this guidance, the new design for Lincoln Avenue in the Lincoln Corridor Plan seeks to provide an enhanced level of amenities and a design that restores its importance as a primary entry to the heart of the City as well as providing an important connection from Downtown to the east and northeast. Packet Pg. 348 Agenda Item 14 Item # 14 Page 2 The Lincoln Corridor Plan (“the Plan”) was approved by City Council in 2014 (Resolution 2014-040). The Plan developed a vision and a preliminary multi-modal design for Lincoln Avenue between Jefferson Street and Lemay Avenue. On March 3, 2015, Ordinance No. 028, 2015, appropriated $4,106,000 of General Fund Reserves and Street Oversizing Funds for this segment of the Lincoln Avenue Improvements. Including developer local street obligations and interim improvement savings, there still remains a funding gap of $1,968,119 in the $6.5 million budget. This council action would appropriate the remaining funding for design, right of way acquisition and construction of the Lincoln Avenue Improvements from 1st Street to Lemay Avenue. CITY FINANCIAL IMPACTS The Lincoln Corridor Plan estimated the total cost of the Lincoln Avenue improvements to be $19.3 million. This estimate includes Final Design, construction, and a planning-level contingency of 30% for the full project limits from Jefferson to Lemay and including replacement of the Poudre River Bridge. This equates to $8 million for the section from 1st Street to Lemay Avenue. The Lincoln Corridor Plan presents a design framework with the flexibility for refinement, scalability, and phasing during the Final Design process, including potential opportunities for cost savings. Based on this idea and feedback from Council that the project does not need to include the complete level of envisioned enhancements, the budget for this section was reduced to $6.5 million with the understanding that the enhancements will be scaled back as needed to meet the budget. Source Amount General Fund Reserves $ 3,000,000 Street Oversizing Fund $ 1,106,000 Previously committed Developer Local Street Obligations $ 155,881 Savings from Woodward Interim Improvements* $ 270,000 Unfunded $ 1,968,119 Total $ 6,500,000 *Requires Woodward Redevelopment Agreement Modification BOARD / COMMISSION RECOMMENDATION Board or Commission recommendations are not applicable to this council action. However, as a part of the Lincoln Corridor Plan process, the Transportation Board, Parks and Recreation Board and the Planning and Zoning Board all recommended that Council adopt the Plan. PUBLIC OUTREACH The development of the Lincoln Corridor Plan included extensive public outreach including: 2 large public workshops Multiple open houses 3 online surveys Regular Boards/Commissions updates 3 Council Work Sessions 4 formal Stakeholder Group meetings Multiple small group/individual meetings Since adoption of the Plan, the City has conducted additional public outreach consisting of an open house on January 12, 2015 and two different survey options - an online survey and a text survey. Packet Pg. 349 Agenda Item 14 Item # 14 Page 3 ATTACHMENTS 1. Location map (PDF) 2. Powerpoint presentation (PDF) Packet Pg. 350 Jefferson St Riverside Ave E Lincoln Ave N Lemay A ve 1st St 2nd St 3rd St City of Fort Collins Lincoln Avenue Improvements - 1st Street to Lemay Avenue © ATTACHMENT 1 Attachment: Location map (3201 : Lincoln Avenue Street Improvements) Lincoln Avenue Improvements Appropriation of Remaining Funding – 1st June 2, 2015 Street to Lemay Avenue ATTACHMENT 2 Packet Pg. 352 Attachment: Powerpoint presentation (3201 : Lincoln Avenue Street Improvements) 2 Lincoln Corridor Plan • Approved in 2014 • Phased Implementation • Variety of Funding Sources • Reduced Level of Enhancements Approved Packet Pg. 353 Attachment: Powerpoint presentation (3201 : Lincoln Avenue Street Improvements) Typical Cross Section 3 2 travel lanes Buffered bike lanes On-street parking Wide sidewalks Reduced speed limit Packet Pg. 354 Attachment: Powerpoint presentation (3201 : Lincoln Avenue Street Improvements) Implementation Plan 4 Packet Pg. 355 Attachment: Powerpoint presentation (3201 : Lincoln Avenue Street Improvements) Current Funding 1st Street to Lemay Avenue Reduced Level of Enhancement: Budget $6.5 Million March 2015 Appropriation • $3.0 Million General Fund Reserves • $1.1 Million Street Oversizing Funds Previously Committed Developer Local Street Obligations • $155,881 Resulting Funding Gap: $2.24 Million 5 Packet Pg. 356 Attachment: Powerpoint presentation (3201 : Lincoln Avenue Street Improvements) Proposed Funding Summary 6 Source Amount General Fund Reserves $ 3,000,000.00 Street Oversizing Fund $ 1,106,000.00 Previously committed Developer Local Street Obligations $ 155,881.00 Anticipated Savings from Reduction of Woodward Interim Improvements $ 270,000.00 Unfunded $ 1,968,119.00 Total $ 6,500,000.00 Packet Pg. 357 Attachment: Powerpoint presentation (3201 : Lincoln Avenue Street Improvements) This Council Action • Appropriates remaining funds for design and construction of Lincoln from 1st Street to Lemay Avenue $1.97 million • Implements intent of Lincoln Corridor Plan with lower level of enhancements 7 Packet Pg. 358 Attachment: Powerpoint presentation (3201 : Lincoln Avenue Street Improvements) Next Steps • June 2015 – Release RFP for design services • Explore alternate project delivery models using a design/build process • Begin construction in 2016 8 Packet Pg. 359 Attachment: Powerpoint presentation (3201 : Lincoln Avenue Street Improvements) 9 Packet Pg. 360 Attachment: Powerpoint presentation (3201 : Lincoln Avenue Street Improvements) Potential Cost Savings • Phase median construction with redevelopment • Limit the intensity of the landscaping along the Woodward frontage • Phase urban design with redevelopment - plaza areas for food trucks, benches and flower pots 10 Packet Pg. 361 Attachment: Powerpoint presentation (3201 : Lincoln Avenue Street Improvements) Implementation Plan 11 Packet Pg. 362 Attachment: Powerpoint presentation (3201 : Lincoln Avenue Street Improvements) - 1 - ORDINANCE NO. 070, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND FOR TRANSFER TO THE CAPITAL PROJECTS FUND FOR THE LINCOLN CORRIDOR IMPROVEMENTS PROJECT AND TRANSFERRING APPROPRIATIONS TO THE CULTURAL SERVICES AND FACILITIES FUND FOR THE ART IN PUBLIC PLACES PROGRAM WHEREAS, the Lincoln Corridor Plan (the “Plan”) was approved by City Council pursuant to Resolution 2014-040 and the Plan developed a vision and a preliminary multi-modal design for Lincoln Avenue between Jefferson Street and Lemay Avenue; and WHEREAS, City Plan recognized the potential for Lincoln Avenue to become a “Great Green Street” by developing a new road design to address context-sensitive solutions to connect with Downtown and surrounding areas; and WHEREAS, the Lincoln Avenue corridor is also recognized as a priority gateway in the Downtown Plan (1989) and the City’s adopted streetscape standards; and WHEREAS, at the level of enhancements currently approved, the Lincoln Corridor Improvements project from 1 st Street to Lemay Avenue is estimated to cost $6.5 million, of which $4,106,000 was appropriated in March of this year with Ordinance No. 028-2015; and WHEREAS, in addition to the $4,106,000 that is already appropriated $155,881 was previously committed from Developer local street obligations and $270,000 in savings from Woodward interim improvements, which leaves a funding gap of $1,968,119 to be funded from available General Fund Reserves; and WHEREAS, this Ordinance appropriates from the General Fund Reserves the remaining funding needed for the design, right-of-way acquisition and construction of the Lincoln Avenue Improvements from 1st Street to Lemay Avenue; and WHEREAS, one percent of the appropriation for the construction project, net of right of way cost, ($19,681) must be transferred to the Cultural Services and Facilities fund for a contribution to the Art in Public Places (APP) program, with $15,351 reserved for the APP artwork project and $4,330 reserved for the maintenance of the artwork and operations of the APP program; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS, Article V, Section 10 of the City Charter authorizes the City Council to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one fund (project) to another fund (project), provided that the purpose for which the transferred funds are to be expended remains unchanged. Packet Pg. 363 - 2 - NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That there is hereby appropriated from prior years reserves in the General Fund the amount of ONE MILLION NINE HUNDRED SIXTY-EIGHT THOUSAND ONE HUNDRED NINETEEN DOLLARS ($1,968,119) and authorized for transfer to the Capital Projects Fund and appropriated therein for the Lincoln Corridor Improvements Project. Section 2. That the unexpended appropriated amount of FIFTEEN THOUSAND THREE HUNDRED FITY-ONE DOLLARS ($15,351) in the Capital Projects Fund - Lincoln Corridor Improvements Project is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the APP artwork project. Section 3. That the unexpended appropriated amount of FOUR THOUSAND THREE HUNDRED THIRTY DOLLARS ($4,330) in the Capital Projects Fund - Lincoln Corridor Improvements Project is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the APP Program maintenance and operations. Introduced, considered favorably on first reading, and ordered published this 2nd day of June, A.D. 2015, and to be presented for final passage on the 7th day of July, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 7th day of July, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 364 Agenda Item 15 Item # 15 Page 1 AGENDA ITEM SUMMARY June 2, 2015 City Council THIS ITEM HAS BEEN WITHDRAWN AND MOVED TO JULY 7, 2015 STAFF Jon Haukaas, Water Engr Field Operations Mgr Ken Sampley, Stormwater/Floodplain Program Mgr SUBJECT First Reading of Ordinance No. 071, 2015, Authorizing the Mayor to Execute an Intergovernmental Agreement with the Board of Governors of Colorado State University establishing a Stormwater Utility Service Agreement. EXECUTIVE SUMMARY The purpose of this item is to approve an intergovernmental agreement to establish a Stormwater Utility Service Agreement between the City of Fort Collins Utilities and Colorado State University (CSU). Under this IGA, CSU will agree to follow the standards, requirements, and conditions related to stormwater management set forth in Chapter 26 of the City Code. The IGA establishes a baseline of impervious area above which an additional Plant Investment Fee would be required for an increase of impervious surface. Finally, CSU will be required to pay monthly Stormwater Utility Fees adjusted by a rate formula that reflects the benefits to the City system by the additional detention provided on the CSU campus and the costs associated with the operation of CSU’s own Municipal Separate Storm Sewer System (MS4). STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Fort Collins Utilities provides stormwater utility services through the operation of an extensive system of collection, detention and conveyance facilities throughout the city. Over time, the City and CSU have been unable to reach agreement regarding the extent to which CSU is obligated to pay City fees related to the Stormwater System. The original annexation of the CSU main campus areas included a provision that made that property exempt from the requirements of City Code. In 1981, the City established a Stormwater Enterprise to meet federal regulations for stormwater management. As the requirements and fees for this service-based enterprise are part of Chapter 26 of the City Code, it subsequently created a conflict with the original annexation ordinances. The other service-based enterprises for water, wastewater, and electric service are also part of our City Code, but CSU has not disputed its obligations in regard to these enterprises. In recent negotiations, CSU has generally not disputed that a stormwater service fee is appropriate; its primary concern has been in regards to the methods for calculating that fee. The City and CSU have negotiated in good faith to develop a mutually acceptable basis for establishing and determining the stormwater fees related to the CSU Main, South, and West Campus areas. There are three primary objectives of the IGA: (1) The standards and requirements of stormwater management, (2) the calculation of impervious area used for Stormwater Plant Investment Fee determination, Agenda Item 15 Item # 15 Page 2 and (3) the payment of monthly stormwater fees for the operation of the Utility. CSU generally follows the same requirements as those imposed by the City of Fort Collins. This IGA ensures both parties continue to be aligned as CSU embarks on aggressive redevelopment on its campuses. In addition, the IGA allows for the use of mutually agreed upon site specific best management practices that may not yet be recognized by the City Utility guidance manuals. The IGA establishes the existing impervious area of each campus, generally described as Main, South, and West Campuses as shown in Attachment 1 (this is also Exhibit A in the IGA). There are known Master Planned redevelopments that are scheduled to be built over the next five years. These improvements are included in the allocation of impervious area for each campus. In the future, any additional development will be required to pay additional Stormwater Plant Investment Fees to reflect the impact on the City’s stormwater system. In effect, this imposes an upper limit of development impact for impervious surfaces that CSU will adhere to into the future. Finally, the IGA establishes that CSU will begin paying monthly stormwater fees effective July 1, 2015. The basis of the fee starts with the standard calculation that applies to every parcel in the City. CSU is unique in a number of ways when compared to other properties in the City. CSU also operates an MS4 system for the campuses. This relieves the Utility of the need to perform these same activities for this area. Therefore, it has been agreed that the cost associated with this work is an appropriate credit against the calculated stormwater fees. Additionally, CSU owns and manages a very large contiguous area giving it the ability to detain more runoff than most other properties. As a result, CSU does, in fact, detain more water in certain areas than would be required under City Code. This creates a benefit to the stormwater system by relieving that burden from the City. The IGA establishes a formula to calculate a credit to reflect that “over-detention” by CSU. Although the City does not currently have other properties that have the same unique characteristics as apply to CSU (large contiguous land area, MS4 responsibilities), the rate adjustments of the IGA are designed such that they could be codified and applied to other properties in the future. CITY FINANCIAL IMPACTS The establishment and collection of fees from CSU will help to fund the operating expenses of the Stormwater System and other related costs. To date, these costs have been absorbed by the general ratepayer base. BOARD / COMMISSION RECOMMENDATION Various components of the IGA have been informally discussed with the Water Board over the past year or so. Due to the lack of a May Water Board meeting, it is proposed to provide the Board with a full presentation at its June 18, 2015, meeting between the Council’s First and Second reading of the proposed Ordinance. PUBLIC OUTREACH There has been extensive discussion between CSU Facilities management and City of Fort Collins Utility staff to come to a resolution on this issue. ATTACHMENTS 1. CSU Stormwater IGA Agreement Boundary Map (PDF) 2. Powerpoint presentation (PDF) 0 0.05 0.10.20.30.40.5 Miles Main Campus South Campus Laurel St. Pitkin St. Lake St. Prospect Rd. Drake Rd. S. College Ave. Shields St. Centre Ave. W. Plum St. Birch St. W. Elizabeth St. EXHIBIT A West Campus ATTACHMENT 1 Packet Pg. 367 Attachment: CSU Stormwater IGA Agreement Boundary Map (3213 : CSU Stormwater IGA) Stormwater Utility Service Agreement 1 ATTACHMENT 2 Packet Pg. 368 Attachment: Powerpoint presentation (3213 : CSU Stormwater IGA) Intergovernmental Agreement for Stormwater Utility Services between Colorado State and University Packet Pg. 369 Attachment: Powerpoint presentation (3213 : CSU Stormwater IGA) Common Purpose 3 Stacking Header Size 20 Works Well on Line 2 Fort Collins Utilities provides stormwater utility services the operation of an extensive system of collection, detention, and conveyance facilities throughout the City. Municipal Separate Storm Sewer System (MS4) The service area overlaps property owned and managed by Colorado State University. CSU also manages its own MS4 Packet Pg. 370 Attachment: Powerpoint presentation (3213 : CSU Stormwater IGA) Unique Characteristics of CSU 4 Stacking Header Size 20 Works Well on Line 2 Trying to Shove Too Many Things in This Area Makes it Feel Very Cluttered 1. Providing duplicate services for a portion of the City. • Outreach & maintenance. 2. Large area of contiguous property allows alternative management of runoff. • “Over-detention” Used as the basis to determine fee credits Packet Pg. 371 Attachment: Powerpoint presentation (3213 : CSU Stormwater IGA) Fee Calculations 5 1. Begins with standard methods established in City Code 2. Applies Credits for: i. Over-Detention ii. MS4 Costs 3. To be Reviewed Annually. 4. Includes Plant Investment Fees for new development or redevelopment. Packet Pg. 372 Attachment: Powerpoint presentation (3213 : CSU Stormwater IGA) Agreement Boundary 6 Three Campus Areas: • Main •West • South Each Managed Separately for Stormwater Packet Pg. 373 Attachment: Powerpoint presentation (3213 : CSU Stormwater IGA) Good Faith Negotiations 7 IGA to be effective July 1, 2015 to Coincide with the CSU Fiscal Year 18+ month process of Good Faith Negotiations Excellent Cooperation Fort Collins Utility staff CSU Facilities staff Packet Pg. 374 Attachment: Powerpoint presentation (3213 : CSU Stormwater IGA) Packet Pg. 375 Attachment: Powerpoint presentation (3213 : CSU Stormwater IGA) - 1 - ORDINANCE NO. 071, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH THE BOARD OF GOVERNORS OF COLORADO STATE UNIVERSITY, ESTABLISHING A STORMWATER UTILITY SERVICE AGREEMENT WHEREAS, the City owns a stormwater management system through which it collects, detains, and conveys stormwater throughout the City (the “City System”); and WHEREAS, Colorado State University (CSU) operates three university campuses in the City on which CSU collects, detains, and conveys stormwater to the City System (“CSU Facilities”); and WHEREAS, in 1981, the City established a Stormwater Enterprise (the "City Enterprise") to meet federal regulations for stormwater management, and began collecting a stormwater utility service fee from properties served by the City System, and WHEREAS, CSU has not consistently recognized an obligation to pay the City's stormwater utility service fees as calculated in the City Code, but has been involved in good faith discussions with the City on the subject for several years; and WHEREAS, it is in the mutual interests of the City and CSU to establish an arrangement for the equitable conveyance of stormwater from the CSU Facilities to the City System, by identifying existing needs and commitments of the parties, impacts and benefits for the City System created by the CSU Facilities, and current rates and requirements for stormwater utility service; and WHEREAS, accordingly, the City and CSU have negotiated the terms and conditions set forth in the intergovernmental Stomwater Utility Service Agreement for Colorado State University's Main, South, and West campuses, as attached hereto as Exhibit “A” and incorporated herein by this reference (the “Agreement”); and WHEREAS, pursuant to C.R.S. §29-1-203(1), the City and CSU are authorized to cooperate or contract with one another to provide any function, service or facility lawfully authorized to each of them; and WHEREAS, Article II, Section 16 of the Charter of the City of Fort Collins (“Charter”) additionally provides that the City Council may, by resolution or ordinance, enter into contracts with other governmental bodies to furnish governmental services and make charges for such services, or enter into cooperative or joint activities with other governmental bodies; and WHEREAS, Article XII, Section 6 of the Charter provides that the City Council shall by ordinance from time to time fix, establish, maintain, and provide for the collection of such rates, fees or charges for water and electricity, and other utility services as will produce revenues Packet Pg. 376 - 2 - sufficient to pay the cost of operation and maintenance of the utilities in good repair and working order, and for other enumerated purposes. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Council hereby approves the Agreement, including the rates, fees and charges set forth in the Agreement, and finds and determines the Agreement to be for the benefit of the City Stormwater Utility and its ratepayers. Section 2. That the Council hereby authorizes the Mayor to execute the Agreement on behalf of the City, in substantially the form attached hereto as Exhibit “A”, together with such modifications and additions as the City Manager, in consultation with the City Attorney, determines necessary and appropriate to protect the interests of the City or further the purposes of this Ordinance. Introduced, considered favorably on first reading, and ordered published this 2nd day of June, A.D. 2015, and to be presented for final passage on the 7th day of July, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 377 - 3 - Passed and adopted on final reading on the 7th day of July, A.D. 2015. __________________________________ Mayor ATTEST: _______________________________ City Clerk Packet Pg. 378 FINAL REVIEW PENDING 1 STORMWATER UTILITY SERVICE AGREEMENT between COLORADO STATE UNIVERSITY and CITY OF FORT COLLINS UTILITIES FORT COLLINS, COLORADO for COLORADO STATE UNIVERSITY’S MAIN, SOUTH, and WEST CAMPUSES, Dated: , 2015 THIS INTERGOVERNMENTAL STORMWATER UTILITY SERVICE AGREEMENT (“Agreement”) is entered into by and between the City of Fort Collins, a Colorado municipal corporation that operates a public stormwater utility and related facilities (“Fort Collins Utilities” or “City”) and the Board of Governors of Colorado State University System, acting by and through Colorado State University (“CSU”), an institution of higher education of the State of Colorado (together, the “Parties”), effective as of the date it is executed by all Parties, herein below. RECITALS: A. Fort Collins Utilities provides stormwater utility services through the operation of an extensive system of collection, detention and conveyance facilities throughout and in the stormwater basins in and around Fort Collins (the “Stormwater System”). B. CSU operates an on-campus stormwater system, has developed its own stormwater infrastructure on the CSU campuses and manages its own MS4 permit. C. Over the years, CSU and the City have cooperated on various stormwater infrastructure projects and mutually beneficial services with the goal of improved stormwater management. D. Fort Collins Utilities operates the Stormwater System and provides stormwater services subject to various terms, conditions and requirements as approved and authorized by the Fort Collins City Council. Such conditions of service, including but not limited to the fees established by the City to support the design, construction, operation, maintenance, replacement and repair of the Stormwater System, are subject to change from time to time as authorized and directed by the Fort Collins City Council. E. Over time, the City and CSU have been unable to reach agreement regarding the extent to which CSU is obligated to pay to the City fees related to the Stormwater System. The Parties have negotiated in good faith to develop a mutually acceptable basis for establishing and determining the Stormwater Fees as they relate to the CSU Main, South, and West Campus areas, as shown on Exhibit A, attached hereto and incorporated by this reference (the “Agreement Boundary”). EXHIBIT A FINAL REVIEW PENDING 2 F. Accordingly, the Parties have developed a shared understanding and mutual agreement as to the basis for imposition of Stormwater Fees for the CSU Main, South and West Campus areas, as set forth herein. WITNESSETH: NOW, THEREFORE, in consideration of the covenants and mutual promises set forth in this Agreement, including the recitals, CSU and the City agree as follows: ARTICLE 1 DEFINITIONS A. Allowable Release Rate. The amount of 100-year flow that the City allows to be discharged from a property. It is the sum of the existing 100-year run-on and the historic 2-year runoff. B. Agreement Boundary. The Agreement Boundary includes the Main, South, and West Campuses as defined below. C. Colorado State University Main Campus. For purposes of this Agreement, the physical areas owned by CSU and as shown in Exhibit A as “Main Campus.” The area defined as “Main Campus” represents a single parcel of land as it applies to the calculation of Monthly Stormwater Utility Fees and Plant Investment Fees. D. Colorado State University South Campus. For purposes of this Agreement, the physical areas owned by CSU and as shown in Exhibit A as “South Campus.” The area defined as “South Campus” represents a single parcel of land as it applies to the calculation of Monthly Stormwater Utility Fees and Plant Investment Fees. E. Colorado State University West Campus. For purposes of this Agreement, the physical areas owned by CSU and as shown in Exhibit A as “West Campus.” The area defined as “West Campus” represents a single parcel of land as it applies to the calculation of Monthly Stormwater Utility Fees and Plant Investment Fees. F. CSU MS4. CSU’s Municipal Separate Storm Sewer System program, associated with Permit COR07002, issued by the Colorado Department of Public Health and Environment (CDPHE). G. Historic. For purposes of this Agreement, “historic” means stormwater flows calculated based on pre-development land conditions. H. Monthly Stormwater Utility Fee. The monthly amount to be charged by the City for use of the Stormwater System by CSU. I. Over-Detention. The amount of 100-year flow detained in excess of the allowable release rate as defined in the Fort Collins Storm Drainage Criteria. J. Plant Investment Fees (PIF). For purposes of this Agreement, the one-time fee charged when a modification to surface conditions results in an increase of impervious area of over 350 square feet of the lot or parcel. FINAL REVIEW PENDING 3 K. Stormwater Fees. The fees established by the City to support the design, construction, operation, maintenance, replacement and repair of the Stormwater System. Stormwater Fees include both Monthly Stormwater Utility Fees and Plant Investment Fees as defined above. ARTICLE 2 STORM WATER REQUIREMENTS AND FEES GENERALLY Except as expressly set forth herein and only for the purposes set forth in this Agreement, CSU property within the limits of the City of Fort Collins shall be subject to the standards, requirements and conditions related to stormwater management and the City’s Stormwater System, as set forth in Chapter 26 of the City Code, as the same may from time to time be amended or replaced. Property that is not located on the CSU Main, South, and West Campuses (the Agreement Boundary) that is developed or redeveloped by CSU shall be subject to the Stormwater Fees. Property that is located within the Agreement Boundary shall be subject to the terms of this Agreement. If a parcel within the Agreement Boundary is sold, transferred or otherwise conveyed to any other entity, it will no longer be subject to this Agreement. Because CSU operates its own Municipal Separate Storm Sewer System (MS4) that incorporates a significantly large area of land with which it can effectively manage its Stormwater runoff using alternative methods, it is appropriate to modify the standard calculation of fees for service provided. ARTICLE 3 MONTHLY STORMWATER UTILITY FEES 1. Conceptual Basis for Monthly Stormwater Utility Fees. The City collects Monthly Stormwater Utility Fees in order to fund the operating expenses of the Stormwater System and other related costs. The approach used to determine the Monthly Stormwater Utility Fees for the Agreement Boundary is based on historic peak stormwater flow levels. The intent of the Parties in entering into this Agreement is to formally establish and document factors applying to CSU stormwater discharge levels for which collection and system fee requirements will be deemed fulfilled, based on historic flows on the CSU Campus. 2. Rate Formula. The steps below are applied to calculate, individually, the Monthly Stormwater Utility Fees payable by CSU to the City for the CSU Main, South, and West Campuses: (a) Establish the base Monthly Stormwater Utility Fee using the method established in Article VII, Chapter 26 of the City Code, which fee calculation applies to current square footage areas, based on CSU GIS data, by type defined in City Code; (b) Reduce the base fee by the percentage of "over-detention" credited for the land area relating to the base fee, as set forth in Section 3 below; FINAL REVIEW PENDING 4 (c) Subtract the monthly credit for maintenance and administration costs related to CSU's Municipal Separate Storm Sewer System (the “CSU MS4”) permit, as set forth in Section 4 below; (d) This generates the Monthly Stormwater Utility Fee due for Main, South, and West Campuses, calculated individually, which will then be billed to CSU, payable on standard terms required of Fort Collins Utilities’ customers. 3. Over-Detention Credit. Over-Detention Credit will be calculated for each of the CSU Main, South and West Campuses using the following process: • Percentage of Over-Detention = (1- [Total Existing 100-year Outflow]/[Total Existing 100-year Inflow + Total Historic 2-year Outflow] )*100 • Flow Reduction = [Total Existing 100-year Inflow + Total Historic 2-year Outflow]- [Total Existing 100-year Outflow] • Consult Table 1 for the Over-Detention Credit Example: Current modeling from Ayers Associates Engineers for CSU’s Main Campus shows 100-year inflow as 995 cfs, 100-year outflow as 752 cfs, and 2-year outflow as 70 cfs; Percentage Over-Detention = (1- 752/(995+70))*100 = 29.4% Flow Reduction = (995+70)-752 = 313 cfs Over-Detention Credit = 25% Table 1 – Over-Detention Credit Percentage of “Over-Detention” <25% 25%- <40% 40%- <55% 55%- <70% 70%- <85% 85%- <100% Flow Reduction <100 cfs 0 0 0 0 0 0 100- <200 cfs 10 15 20 25 30 35 200- <300 cfs 15 20 25 30 35 40 300- <400 cfs 20 25 30 35 40 45 > 400 cfs 25 30 35 40 45 50 FINAL REVIEW PENDING 5 4. Credit for CSU MS4 costs. The following cost items will be used in determining the credit due to CSU for the following term’s Monthly Stormwater Utility Fees (collected based on a July 1 to June 30 period): • Annual CSU MS4 permit fees for the Agreement Boundary; • Actual cost of spill response, sampling and analysis as required for the CSU MS4; • Actual cost of stormwater permit outreach education and training as required for the CSU MS4; • Actual cost of CSU MS4 program coordinator salary (prorated to include only that portion of salary applicable to these duties); and • Actual cost of construction site inspector (prorated to include only that portion of salary applicable to these duties). • These annual MS4 expenses shall be divided by 12 to generate an average monthly expense, and then pro-rated by total land area to the Main, South, and West Campuses. 5. Annual Review of Rate Calculation. The City will review the calculation of the Monthly Stormwater Fee on an annual basis and make adjustments as necessary and as mutually agreed to by the Parties. The annual review will include the following information which is to be provided by CSU to the City: (a) To establish the area of impervious, semi-pervious, and pervious surfaces within the Agreement Boundary, CSU shall supply Fort Collins Utilities with an annually-updated summary table based on the most current CSU GIS data; (b) MS4 expenses shall be submitted annually by CSU to the City, accompanied by substantiating financial records; (c) For surface flows, CSU shall update its surface model to reflect net changes on the CSU Campus by a mutually-agreed upon qualified consulting engineer at least once every five (5) years. CSU shall also update its stormwater pipe model to reflect system changes at least once every five (5) years. (d) The data shall be submitted to the Fort Collins Utilities Executive Director by March 31 of each year of the frequency specified for review, in order to assist CSU in adjusting the Monthly Stormwater Fees obligation to include in its budgeting process. Fee adjustments shall be made effective July 1 of each year. No cost credits for which documentation has not been received by March 31 shall be eligible for the credit against the Monthly Stormwater Utility Fees as described above. 6. Stormwater Fee Commencement Date. (a) The Monthly Stormwater Utility Fee will be applied beginning on July 1, 2015 and continue on a monthly basis thereafter. A detailed statement showing the amount and breakdown of the calculation of the first payment is attached to this Agreement as Exhibit B and incorporated by this reference. FINAL REVIEW PENDING 6 (b) In the case that the Agreement is signed after July 1, 2015, or the Agreement is signed but payment is delayed due to incomplete modeling or other incomplete technical data, Monthly Stormwater Utility Fees will be applied retroactively to July 1, 2015. (c) The Plant Investment Fees for the Agreement Boundary, which have been calculated to reflect the “allocation areas” listed below, and agreed upon by the Parties, will be payable 90 days after the effective date of this Agreement. A detailed statement showing the amount and breakdown of the calculation of the Plant Investment Fee is attached to this Agreement as Exhibit B and incorporated by this reference. ARTICLE 4 IMPERVIOUS AREA AND RUNOFF QUALITY 1. Impervious Area. The impervious surface area for each of the campuses within the Agreement Boundary shall be managed as outlined in this section. (a) Existing impervious surface areas, for each of the campuses governed by this Agreement, as of December 31 st , 2014, are as follows: (i) Main Campus: 9,773,343 square feet (ii) South Campus: 2,390,387 square feet (iii) West Campus: 880,603 square feet (b) An allocation of impervious surface area is here established for each of the campuses governed by this Agreement: (i) Main Campus: 10,000,000 square feet (ii) South Campus: 3,100,000 square feet (iii) West Campus: 950,000 square feet (c) A Stormwater PIF shall be applied to the difference between the “allocated” areas and the “existing” areas for Main, South, and West Campuses using the method established in Article VII, Chapter 26 of the City Code. (d) If there is an alteration to one area within a campus resulting in an increase in or change in location of impervious surface area, the alteration will be accommodated on other parts of the same campus, to keep the area of impervious surface within the established allocation. CSU will internally manage these efforts. (e) Areas of impervious surface shall be as calculated and verified annually using CSU GIS data during the Annual Review of Rate Calculation. 2. Water Quality Level/Treatment. (a) CSU will include detention and Best Management Practices (BMPs) with each project within the Agreement Boundary, satisfying the following intent: (i) Detention of 100% of the water quality capture volume; and FINAL REVIEW PENDING 7 (ii) Detention to match historic 2-year condition. (b) Detention may be regional, and will occur within the same campus. (c) BMPs will be designed in general conformance with the "Urban Storm Drainage Criteria Manual, Volume 3 — Best Management Practices", Urban Drainage and Flood Control District, Denver, Colorado, latest edition. However, site-specific BMPs, such as constructed wetlands, bioswales etc., may be designed using design guidance from other sources, such as architectural firms' in-house expertise and recently published articles, as mutually agreed upon by the Parties. (d) CSU intends to develop its own Low Impact Development standards within three (3) years of the date of this Agreement. ARTICLE 5 INTEGRATION/CONNECTION OF INFRASTRUCTURE 1. CSU management of Stormwater within the Agreement Boundary. CSU manages stormwater within its boundaries, seeking to avoid increases in stormwater flows leaving CSU property. The volume of stormwater entering and leaving each system varies depending on the system configuration and the magnitude and location of storm events. 2. Operation of CSU’s Municipal Separate Storm Sewer System (MS4). At all times herein, CSU shall be responsible for the proper operation of its MS4 System. 3. Grants of Easement or Other Crossings. The City and CSU acknowledge that subsequent formal approval will be required; however, to the extent allowed by applicable law and University policy, the Parties agree to cooperate in the granting of any necessary stormwater easements or stormwater related crossing/right-of-way agreements to the other on a no cost basis. 4. Inter-connection. The City and CSU shall continue to coordinate the inter-connection and operation of each other’s MS4 infrastructure. ARTICLE 6 ADJUSTMENTS, SYSTEM CHANGES, AND RESOLUTION OF DISPUTES 1. Service Level Adjustments. If at any time after execution of this Agreement, as a result of increased knowledge or better data, the Parties conclude the stormwater levels upon which this Agreement is based are substantially incorrect, the Parties agree to negotiate in good faith to revise the Monthly Stormwater Fees established herein, as may be reasonable and necessary to accurately reflect such stormwater levels using the formulas and terms set forth in this Agreement. 2. Changes to CSU Operations and Uses. During the term hereof, any substantive change in operations or uses by CSU that would substantially impact Fort Collins Utilities’ Stormwater System will serve as a basis for the Parties to negotiate in good faith any necessary modification to these runoff allocation levels that may be appropriate. This may include the payment by CSU FINAL REVIEW PENDING 8 of additional Stormwater Plant Investment Fees or reduction in use and impact on Fort Collins Utilities’ Stormwater System. 3. Resolution of Disputes. (a) Allocation Disputes. In the event changed conditions such as those described in Sections 1 and 2 of this Article 6 should occur during the term of this Agreement, and the Parties are unable to reach agreement as to the reasonable and necessary modifications, the Parties will first elevate the disputed issues to senior administration, and if the matters are not resolved, the Parties may then engage in mediation or other non-binding dispute resolution methods, before seeking to terminate this Agreement or initiate any legal action hereunder. (b) Disputed Charges. Continued use of the Stormwater System by CSU shall be contingent upon timely payment by CSU of any and all Stormwater Fees as set forth herein. If a dispute arises with respect to specific charges or credits contained in any billing statement, invoice or statement of account, CSU shall identify the disputed charges and notify the City of its objections thereto, in writing, as soon as reasonably practicable after receipt of the invoice or statement, and shall pay all undisputed charges according to the payment terms established for the affected services. The City shall respond to the objections within 30 days after receipt. If the dispute cannot be resolved through good faith negotiations within 30 days after the City’s response to CSU’s objections, CSU shall pay the disputed amounts under protest and the dispute resolution process set forth in paragraph (a) of this Section 3 shall be followed. Either of the Parties shall be entitled to pursue such legal and equitable remedies as may be available pursuant to the City Code or other applicable law, in the event that any such dispute is not resolved through the foregoing process. ARTICLE 7 GENERAL TERMS AND CONDITIONS 1. Notice. Any notice, request, demand, consent or approval, or other communication required or permitted hereunder will be in writing and will be deemed to have been given when personally delivered or deposited in the United States mail with proper postage and address as follows: If to CSU: Director of Facilities Colorado State University 6030 Campus Delivery Fort Collins, CO 80523-6030 With a copy to: Office of the General Counsel Colorado State University 0006 Campus Delivery Fort Collins, CO 80523-0006 If to Fort Collins Utilities: Utilities Executive Director City of Fort Collins Utilities Post Office Box 580 Fort Collins, CO 80522 FINAL REVIEW PENDING 9 With a copy to: Office of the City Attorney City of Fort Collins Post Office Box 580 Fort Collins, CO 80522 2. Parties/Beneficiaries. This Agreement is made for the sole and exclusive benefit of the named Parties and shall inure to the benefit of their respective successors and assigns. It is not made for the benefit of any third party, and any such benefit shall be deemed incidental. 3. Liability. The liability of each of the Parties is governed, limited and controlled by the Colorado Governmental Immunity Act, Colo. Rev. Stat. § 24-10-101, et seq., as now or hereafter amended. Nothing in this Agreement shall be construed as a limitation or waiver of the immunities provided under said Act. The Parties acknowledge that this Agreement is intended to document the conditions and requirements to be met by CSU and Fort Collins Utilities, in order for Fort Collins Utilities to provide Stormwater Utility services, as described herein, and that this Agreement is not intended to, and does not, impose upon Fort Collins Utilities any obligations to CSU except as expressly set forth in this Agreement or to give rise to any special liabilities of Fort Collins Utilities for the benefit of CSU, except for those obligations or liabilities that Fort Collins Utilities has as a general matter to its Stormwater Utility customers. 4. Severability. In the event any covenant, condition or provision of this Agreement is held to be invalid by final judgment of any court of competent jurisdiction, the invalidity of such covenant, condition or provision shall not in any way affect any of the other covenants, conditions or provisions of this Agreement, provided that the invalidity of any such covenant, condition or provision does not materially prejudice either party in its respective rights and obligations under the valid covenants, conditions or provisions of this Agreement. 5. Authority. By executing this Agreement as provided below, each Party accepts the terms and conditions hereof and agrees to abide by them. Each Party also represents and warrants that it is authorized by law to accept the terms and conditions hereof. The individual persons signing below, hereby each represent that he or she is authorized to bind the party he or she claims below to represent to the terms and conditions hereof. 6. Applicable Laws. This Agreement shall be interpreted and enforced according to the laws of the State of Colorado. Venue for any legal action arising under this Agreement shall lie exclusively in the Colorado District Court situated within the City of Fort Collins, Colorado, or in the City and County of Denver, Colorado. 7. Existing Rights and Agreements. Nothing in this Agreement shall act to amend, modify, or supersede any annexations, any related agreements or any other agreements, rights, or legal positions by and between the City and CSU external to this Agreement, or to alter in any way their recourse under the same ARTICLE 8 FINANCIAL OBLIGATIONS FINAL REVIEW PENDING 10 This Agreement is not intended to create any obligation of either Party to transfer funds to any other Party or entity, and shall not constitute a “state contract” or “commitment voucher” as defined under the State Fiscal Rules. All financial obligations of CSU in respect of the use of the Stormwater System or enjoyment of stormwater-related services of Fort Collins Utilities shall be created by issuance of an approved commitment voucher in accordance with such Rules and the Controller’s Statute, C.R.S. § 24-30-202 et seq., as now or hereafter amended. IN WITNESS WHEREOF, the parties hereto have executed Stormwater Management Agreement as of the day and year first above written. CSU: STATE OF COLORADO: JOHN HICKENLOOPER, GOVERNOR Board of Governors of the Colorado State University System, acting by and through Colorado State University: Date: _________________ By: Amy L. Parsons Vice President for University Operations APPROVED: By: Steve Hultin Executive Director, Facilities Management APPROVED AS TO FORM: By: Jason Johnson Deputy General Counsel, CSU System FINAL REVIEW PENDING 11 FORT COLLINS UTILITIES, a municipal utility owned and operated by THE CITY OF FORT COLLINS, COLORADO a Municipal Corporation Date: ________________ By: _____________________________ Wade Troxell Mayor ATTEST: ______________________________ Wanda Nelson City Clerk APPROVED AS TO FORM: ______________________________ Carrie Mineart Daggett City Attorney EXHIBIT A TO IGA Packet Pg. 390 Attachment: IGA Exhibit A - CSU Stormwater IGA Agreement Boundary Map (3229 : CSU Stormwater IGA-ORD) džŚŝďŝƚ ^hͲŝƚLJ^ƚŽƌŵǁĂƚĞƌ/'&ŝŶĂŶĐŝĂůŶĂůLJƐŝƐ DŽŶƚŚůLJ&ĞĞƐĂŶĚWůĂŶƚ/ŶǀĞƐƚŵĞŶƚ&ĞĞƐ ϰͬϮϲͬϮϬϭϱ džŝƐƚŝŶŐ ŚĂŶŐĞŝŶ 'ƌŽǁƚŚ džŝƐƚŝŶŐ ŚĂŶŐĞŝŶ 'ƌŽǁƚŚ džŝƐƚŝŶŐ ŚĂŶŐĞŝŶ 'ƌŽǁƚŚ ^ƵƌĨĂĐĞdLJƉĞ DƵůƚŝƉůŝĞƌ ĂƚĞŐŽƌLJ ZĂƚĞ&ĂĐƚŽƌ ƌĞĂƐĨ ƌĞĂƐĨ ƌĞĂƐĨ ƌĞĂƐĨ ƌĞĂƐĨ ƌĞĂƐĨ ƌĞĂƐĨ ƌĞĂƐĨ ƌĞĂƐĨ /ŵƉĞƌǀŝŽƵƐ Ϭ͘ϵϱ sĞƌLJ>ŝŐŚƚ Ϭй ƚŽ ϯϬй Ϭ͘Ϯϱ ^ĞŵŝͲWĞƌǀŝŽƵƐ Ϭ͘ϱ >ŝŐŚƚ ϯϭй ƚŽ ϱϬй Ϭ͘ϰ /ŵƉĞƌǀŝŽƵƐ ϵ͕ϳϳϯ͕ϯϰϯ ϭϳϮ͕ϯϴϰ ϵ͕ϵϰϱ͕ϳϮϳ /ŵƉĞƌǀŝŽƵƐ Ϯ͕ϯϵϬ͕ϯϴϳ ϱϱϭ͕ϭϳϮ Ϯ͕ϵϰϭ͕ϱϱϵ /ŵƉĞƌǀŝŽƵƐ ϴϴϬ͕ϲϬϯ Ϭ ϴϴϬ͕ϲϬϯ WĞƌǀŝŽƵƐ Ϭ͘Ϯ DŽĚĞƌĂƚĞ ϱϭй ƚŽ ϳϬй Ϭ͘ϲ ^ĞŵŝͲWĞƌǀŝŽƵƐ ϭϰϳ͕ϱϴϯ Ͳϳ͕ϰϰϯ ϭϰϬ͕ϭϰϬ ^ĞŵŝͲWĞƌǀŝŽƵƐ ϯϲ͕ϯϲϰ Ϭ ϯϲ͕ϯϲϰ ^ĞŵŝͲWĞƌǀŝŽƵƐ ϴϮϰ Ϭ ϴϮϰ ,ĞĂǀLJ ϳϭй ƚŽ ϵϬй Ϭ͘ϴ WĞƌǀŝŽƵƐ ϳ͕ϲϴϮ͕ϯϭϬ Ͳϭϲϰ͕ϵϰϭ ϳ͕ϱϭϳ͕ϯϲϵ WĞƌǀŝŽƵƐ ϰ͕ϴϯϳ͕ϱϯϲ Ͳϱϱϭ͕ϭϳϮ ϰ͕Ϯϴϲ͕ϯϲϰ WĞƌǀŝŽƵƐ ϴϭϱ͕ϯϭϵ Ϭ ϴϭϱ͕ϯϭϵ sĞƌLJ,ĞĂǀLJ ϵϭй ƚŽ ϭϬϬй Ϭ͘ϵϱ dŽƚĂůƐĨ ϭϳ͕ϲϬϯ͕Ϯϯϲ ϭϳ͕ϲϬϯ͕Ϯϯϲ dŽƚĂů ϳ͕Ϯϲϰ͕Ϯϴϳ ϳ͕Ϯϲϰ͕Ϯϴϳ dŽƚĂů ϭ͕ϲϵϲ͕ϳϰϳ ϭ͕ϲϵϲ͕ϳϰϳ DŽŶƚŚůLJ&ĞĞĂůĐƵůĂƚŝŽŶ DŽŶƚŚůLJ&ĞĞс ;>ŽƚƌĞĂͿdž;ZĂƚĞ&ĂĐƚŽƌͿdž;ĂƐĞƌĂƚĞͿ dŽƚĂůĂĐƌĞƐ ϰϬϰ͘ϭ ϰϬϰ͘ϭ ϭϲϲ͘ϴ ϭϲϲ͘ϴ ϯϵ͘Ϭ ϯϵ͘Ϭ ĂƐĞƌĂƚĞс Ψ Ϭ͘ϬϬϰϭϰϱϰ ƉĞƌƐĨƉĞƌŵŽŶƚŚ й/ŵƉĞƌǀŝŽƵƐ ϱϱ͘ϱй ϱϲ͘ϱй й/ŵƉĞƌǀŝŽƵƐ ϯϮ͘ϵй ϰϬ͘ϱй й/ŵƉĞƌǀŝŽƵƐ ϱϭ͘ϵй ϱϭ͘ϵй й^ĞŵŝͲWĞƌǀŝŽƵƐ Ϭ͘ϴй Ϭ͘ϴй й^ĞŵŝͲWĞƌǀŝŽƵƐ Ϭ͘ϱй Ϭ͘ϱй й^ĞŵŝͲWĞƌǀŝŽƵƐ Ϭ͘Ϭϱй Ϭ͘Ϭϱй W/&ĂůĐƵůĂƚŝŽŶ йWĞƌǀŝŽƵƐ ϰϯ͘ϲй ϰϮ͘ϳй йWĞƌǀŝŽƵƐ ϲϲ͘ϲй ϱϵ͘Ϭй йWĞƌǀŝŽƵƐ ϰϴ͘ϭй ϰϴ͘ϭй W/&с ;>ŽƚƌĞĂŝŶĐƌĞƐͿdž;ZƵŶŽĨĨŽĞĨĨŝĐŝĞŶƚͿdž;W/&ĂƐĞZĂƚĞͿ ZƵŶŽĨĨŽĞĨĨŝĐŝĞŶƚс ;й/ŵƉĞƌǀŝŽƵƐͿdž;Ϭ͘ϵϱͿн;й^ĞŵŝͲƉĞƌǀŝŽƵƐͿdž;Ϭ͘ϱͿн;йWĞƌǀŝŽƵƐͿdž;Ϭ͘ϮͿ ZƵŶŽĨĨŽĞĨĨŝĐŝĞŶƚ Ϭ͘ϲϭϵ Ϭ͘ϲϮϲ ZƵŶŽĨĨŽĞĨĨŝĐŝĞŶƚ Ϭ͘ϰϰϴ Ϭ͘ϱϬϱ ZƵŶŽĨĨŽĞĨĨŝĐŝĞŶƚ Ϭ͘ϱϴϵ Ϭ͘ϱϴϵ ĂƐĞƌĂƚĞс Ψ ϳ͕ϴϭϳ͘ϬϬ ZĂƚĞ&ĂĐƚŽƌ Ϭ͘ϲ Ϭ͘ϲ ZĂƚĞ&ĂĐƚŽƌ Ϭ͘ϰ Ϭ͘ϰ ZĂƚĞ&ĂĐƚŽƌ Ϭ͘ϲ Ϭ͘ϲ KƚŚĞƌ/ŶĨŽƌŵĂƚŝŽŶ DŽŶƚŚůLJ&ĞĞ Ψ ϰϯ͕ϳϴϯ͘ϰϳ Ψ ϰϯ͕ϳϴϯ͘ϰϳ DŽŶƚŚůLJ&ĞĞ Ψ ϭϮ͕Ϭϰϱ͘ϯϱ Ψ ϭϮ͕Ϭϰϱ͘ϯϱ DŽŶƚŚůLJ&ĞĞ Ψ ϰ͕ϮϮϬ͘ϮϮ Ψ ϰ͕ϮϮϬ͘ϮϮ džŝƐƚŝŶŐƌĞĂс džŝƐƚŝŶŐĚĂƚĂĨŽƌƚŚĞ/'ŽƵŶĚĂƌLJͲƉƌŝůϮϬϭϱ;ŝŶĐůƵĚĞƐŐŐŝĞEŽƌƚŚͿ͘ 'ƌŽǁƚŚƌĞĂсZĞƐƵůƚŝŶŐƐƵƌĨĂĐĞĂĨƚĞƌŶĞĂƌƚĞƌŵĐŽŶƐƚƌƵĐƚŝŽŶ;ĂƉƉƌŽdžŝŵĂƚĞůLJ&zϭϴͿ͘ ŶŶƵĂů&ĞĞ Ψ ϱϮϱ͕ϰϬϭ͘ϲϲ Ψ ϱϮϱ͕ϰϬϭ͘ϲϲ ŶŶƵĂů&ĞĞ Ψ ϭϰϰ͕ϱϰϰ͘Ϯϭ Ψ ϭϰϰ͕ϱϰϰ͘Ϯϭ ŶŶƵĂů&ĞĞ Ψ ϱϬ͕ϲϰϮ͘ϱϵ Ψ ϱϬ͕ϲϰϮ͘ϱϵ W/&ĂĚũƵƐƚŵĞŶƚƐĂƌĞďĂƐĞĚŽŶƚŚĞƌĞƐƵůƚŝŶŐĐŚĂŶŐĞŝŶƐƵƌĨĂĐĞĂŶĚƌƵŶŽĨĨĐŽĞĨĨŝĐŝĞŶƚǁŝƚŚŝŶ ƚŚĞĞŶƚŝƌĞďŽƵŶĚĂƌLJ͘ ŽƵŶĚĂƌLJŽĨΗDĂŝŶΗĂŶĚΗ^ŽƵƚŚΗĨŽƌƚŚĞƐƚŽƌŵ/'ŝƐĂƚĞŶƚƌĞǀĞǁŚĞƌĞŝƚĐƌŽƐƐĞƐ KǀĞƌͲĞƚĞŶƚŝŽŶWĞƌĐĞŶƚĂŐĞ Ϯϱй KǀĞƌͲĞƚĞŶƚŝŽŶWĞƌĐĞŶƚĂŐĞW E/E' Ϭй KǀĞƌͲĞƚĞŶƚŝŽŶWĞƌĐĞŶƚĂŐĞ Ϭй ƚŚĞĨůŽŽĚƉůĂŝŶĂƚ^ƉƌŝŶŐƌĞĞŬ͕ĂƐŝůůƵƐƚƌĂƚĞĚŽŶ džŚŝďŝƚ͘ KǀĞƌͲĞŶƚŝŽŶƌĞĚŝƚŝƐĐĂůĐƵůĂƚĞĚƉĞƌƚŚĞƉƌŽĐĞƐƐůĂŝĚŽƵƚŝŶƚŚĞ/'͘ KǀĞƌͲĞƚĞŶƚŝŽŶƌĞĚŝƚ Ψ ϭϯϭ͕ϯϱϬ͘ϰϮ KǀĞƌͲĞƚĞŶƚŝŽŶƌĞĚŝƚ Ψ Ͳ KǀĞƌͲĞƚĞŶƚŝŽŶƌĞĚŝƚ Ψ Ͳ ZĞƐƵůƚŝŶŐŶŶƵĂů&ĞĞ Ψ ϯϵϰ͕Ϭϱϭ͘Ϯϱ ZĞƐƵůƚŝŶŐŶŶƵĂů&ĞĞ Ψ ϭϰϰ͕ϱϰϰ͘Ϯϭ ZĞƐƵůƚŝŶŐŶŶƵĂů&ĞĞ Ψ ϱϬ͕ϲϰϮ͘ϱϵ /ŶĐƌĞĂƐĞĚ/ŵƉĞƌǀŝŽƵƐ^ƵƌĨĂĐĞĂĐƌĞƐ ϯ͘ϵϲ /ŶĐƌĞĂƐĞĚ/ŵƉĞƌǀŝŽƵƐ^ƵƌĨĂĐĞĂĐƌĞƐ ϭϮ͘ϲϱ /ŶĐƌĞĂƐĞĚ/ŵƉĞƌǀŝŽƵƐ^ƵƌĨĂĐĞĂĐƌĞƐ Ϭ͘ϬϬ W/& Ψ ϮϮ͕ϴϬϬ͘ϱϱ W/& Ψ ϳϰ͕ϭϴϮ͘ϯϳ W/& Ψ Ͳ ŽŵďŝŶĞĚ^ƚŽƌŵ&ĞĞ Ψ ϱϴϵ͕Ϯϯϴ͘Ϭϰ ŽŵďŝŶĞĚW/& Ψ ϵϲ͕ϵϴϮ͘ϵϭ D^d Z>h>d/KE^ DĂŝŶĂŵƉƵƐ ^ŽƵƚŚĂŵƉƵƐ й/ŵƉĞƌǀŝŽƵƐ tĞƐƚ EXHIBIT B TO IGA Packet Pg. 391 Attachment: IGA Exhibit B - CSU Monthly Storm Fee & PIF Calculations (3229 : CSU Stormwater IGA-ORD) and contracts with service providers • aŅĹĜƋŅųÏŅĹƋų±ÏƋŸ±ĹÚåƴ±Ĭƚ±ƋåŞåųüŅųĵ±ĹÏåŅüŸåųƴĜÏåŞųŅƴĜÚåųŸ • ųå±Ƌå±ĹĜĵŞĬåĵåĹƋ±ƋĜŅĹƋå±ĵÏŅĵŞŅŸåÚŅüĜƋƼŸƋ±ýüųŅĵųåĬåƴ±ĹƋ departments and representatives from service providers who will be ÏʱųčåÚƵĜƋĘĜĵŞĬåĵåĹƋĜĹčŸŞåÏĜĀÏŸƋų±ƋåčĜåŸ • ŅĹƴåĹåƋĘåƋå±ĵ±ƋųåčƚĬ±ųĜĹƋåųƴ±ĬŸƋŅųåŞŅųƋŅĹŞųŅčų域ØĜÚåĹƋĜüƼ obstacles to implementation, and jointly craft solutions • aŅĹĜƋŅųƋĘåĜĵŞĬåĵåĹƋ±ƋĜŅĹŅüƋĘå)B{ƋĘųŅƚčʱŸåƋŅüÚĜŸÏųåƋåĵåƋųĜÏŸ Next Steps Upon the adoption of the EHSP by the City Council, the City will initiate the implementation process. The steps for initiating the process are as follows: 1. Form the EHSP implementation team as outlined above 2. Convene an initial meeting of the implementation team, to: • Designate a team leader for each strategy • Evaluate resources needed to implement each strategy • Create a work plan that prioritizes strategies, sets performance targets, and outlines what, if any, additional resources will be needed • Establish regular dates for the implementation team to meet 3. Adopt mechanisms and tools for tracking implementation progress, sharing information, and communicating Packet Pg. 195 Attachment: Exhibit A (3221 : Economic Health Strategic Plan Update RESO) NORTHERN COLORADO AS AN E.3 INNOVATION HUB • c ƚĵÆåųŅüÏŅĹƋ±ÏƋŸ • F ĹÏų屟åĜĹƵåÆŸĜƋåƴĜŸĜƋŸØÏŅųŞŅų±ƋåxŸĜƋåŸåĬåÏƋŅųĜĹƋåųåŸƋ • % ĜŸƋųĜÆƚƋĜŅĹŅüųåčĜŅűĬĵ±ųĩåƋĜĹčĵ±ƋåųĜ±ĬŸ Market Northern Colorado as part of a Rocky Mountain Innovation Corridor City of Fort Collins Economic Health METRICS: STRATEGIES: OUTCOMES: GOALS: Packet Pg. 191 Attachment: Exhibit A (3221 : Economic Health Strategic Plan Update RESO) water, waste, and other carbon reduction aspects 3. { ųŅĵŅƋå±ĹÚĵ±ĜĹƋ±ĜĹ8ŅųƋŅĬĬĜĹŸƋĜĬĜƋƼűŸŞŅŸĜƋĜŅĹ at the cutting edge of sustainable and innovation energy generation and water treatment as a model for other communities 4. ) ƻŞĬŅųå±ĹÚŞųŅĵŅƋåÆƚŸĜĹ域ĵŅÚåĬŸƋʱƋÏųå±Ƌå (or extract) economic value from carbon reduction and climate adaptation activities INCREASE INNOVATION RELATED TO CARBON REDUCTION AND WATER CONSERVATION AND D.3 QUALITY • { ±ƋåĹƋŞųŅÚƚÏƋĜŅĹŠŅųŅƋĘåųŸĜĵĜĬ±ųĵ屟ƚųåšŅüųåĬåƴ±ĹƋĜĹĹŅƴ±- tion • I ŅÆüŅųĵ±ƋĜŅĹĜĹŮčųååĹŰĜĹÚƚŸƋųĜåŸxÆƚŸĜĹåŸŸåŸ • { ƚÆĬĜÏĜĹƴåŸƋĵåĹƋĜĹųåĹåƵ±ĬåĹåųčƼčåĹåų±ƋĜŅűĹÚƵ±ƋåųÏŅĹ- servation and quality infrastructure Aid businesses in leveraging community climate action goals to create new business innovations City of Fort Collins Economic Health METRICS: STRATEGIES: OUTCOMES: GOALS: Packet Pg. 185 Attachment: Exhibit A (3221 : Economic Health Strategic Plan Update RESO) ŅüŞƚÆĬĜÏĜĹƴåŸƋĵåĹƋĜĹĜĹüų±ŸƋųƚÏƋƚųå ŸåÏƋŅųĜĹƴåŸƋĵåĹƋĜĹĩåƼųåÚåƴåĬŅŞĵåĹƋ±ų屟 age the development of vibrant business s, commercial nodes and commercial rs through strategic public infrastructure ment • ĜŸĜƋ±ƋĜŅĹĹƚĵÆåųŸƋŅÚŅƵĹƋŅƵűĹÚŸŞåÏĜ±ĬåƴåĹƋŸ • ĜƋĜDŽåĹŸƚųƴåƼųåŸƚĬƋŸ • FĹƋåčų±ƋåƵ±ƋåųÏŅĹŸåųƴ±ƋĜŅĹåýŅųƋŸƵĜƋĘƋĘå craft brewing industry. • ŅĹƋĜĹƚåƋĘåųåĀĹåĵåĹƋŅü±ųåƋ±ĜĬŸƋų±ƋåčƼƋŅ position Fort Collins as a regional retail center, • Encourage catalyst projects that add to the recreation and entertainment opportunities in Fort Collins 22 1. { ±ųƋĜÏĜޱƋåĜĹƋĘååƴ±Ĭƚ±ƋĜŅűĹÚåĹÏŅƚų±čåĵåĹƋŅü urban agriculture 2. { ±ųƋĹåųĜĹƋĘåÚåƴåĬŅŞĵåĹƋŅü±ųå±ƋĜƴå%ĜŸƋųĜÏƋØ ±ŸÚåĀĹåÚÆƼƋĘåƋ±ƋåŅüŅĬŅų±ÚŅØƋŅŸƚŞŞŅųƋƋĘå promotion of arts and culture activities that attract entrepreneurs and an educated workforce [Led by ŅĵĵƚĹĜƋƼåųƴĜÏ域Ƌ±ýÌ 3. X åƴåų±čåƋĘåŞųåŸåĹÏåŅüƋĘåÆųåƵåųĜåŸĜĹ8ŅųƋ Collins to grow the craft brewing industry and attract visitors 4. åĜĹüŅųÏå8ŅųƋŅĬĬĜĹŸűŞŅŸĜƋĜŅűŸ±ųåčĜŅűĬÏåĹƋåų for entertainment, shopping, culture, and tourism 5. ŅĹƋĜĹƚåƋŅŸƚŞŞŅųƋ±ĹÚåĹʱĹÏå8ŅųƋŅĬĬĜĹŸű outdoor recreation culture (e.g., cycling industry) Preserve and enhance the features of Fort Collins that make it unique Packet Pg. 180 Attachment: Exhibit A (3221 : Economic Health Strategic Plan Update RESO) of employment land and barriers to development ôåĵŞĘ±ŸĜDŽåƋĘåƚŸåŅüųåÚåƴåĬŅŞĵåĹƋ±ĹÚĜĹĀĬĬƋŅ meet future needs 4. ) ĹÏŅƚų±čåƋĘååƻŞ±ĹŸĜŅĹŅųųåĬŅϱƋĜŅĹŅü businesses in targeted development areas to stimulate commercial activity and minimize the need to consume raw land BALANCE LAND USES THAT C.3 SUPPORT A HEALTHY ECONOMY • I ŅÆŸƋŅĘŅƚŸĜĹčų±ƋĜŅ • { åųÏåĹƋ±čåŅü8ŅųƋŅĬĬĜĹŸųåŸĜÚåĹƋŸƋʱƋĬĜƴå±ĹÚƵŅųĩĜĹ8ŅųƋ Collins • e ƴåų±čåĘŅĵåŞųĜÏå±ĹÚ±ƴåų±čåųåĹƋų±Ƌå • ±Ï±ĹÏƼų±ƋåŸôŅþÏåØĜĹÚƚŸƋųĜ±ĬØųåƋ±ĜĬرĹڱޱųƋĵåĹƋŸ Maintain a mix of land uses that supports the retention and expansion of businesses while encouraging a broad mix of residential housing optionsds • Hold workshops for each target area with land owners and developers to craft a common vision üŅųƋĘå±ųå±ØÚåĀĹåÚåŸĜų±ÆĬåŅƚƋÏŅĵåŸØ±ĹÚ identify potential catalyst projects • Focus on strategic projects that inspire private sector response in the target areas. Identify anchor projects to catalyze development and realize the vision in the target area City of Fort Collins Economic Health METRICS: STRATEGIES: OUTCOMES: GOALS: Packet Pg. 179 Attachment: Exhibit A (3221 : Economic Health Strategic Plan Update RESO) LOCAL ECONOMY AND ITS ROLE IN SUPPORTING ECONOMIC STABILITY 1. ŅĹƋĜĹƚåƋŅų±ĜŸå±Ƶ±ųåĹ域ŅüƋĘåÆåĹåĀƋŸŅü supporting the local economy with on-going communications (e.g., Shop Fort Collins) 2. ) ĹÏŅƚų±čåĜĵŞŅųƋŸƚÆŸƋĜƋƚƋĜŅĹŸƋų±ƋåčĜåŸ× 3. ŅĹƋĜĹƚåƋŅŸƚŞŞŅųƋƋĘåÚåƴåĬŅŞĵåĹƋŅüåĵåųčĜĹč industries and clusters, including the evolution of the local food cluster to support a local food systems as an example Continue to encourage Fort Collins residents to support local businesses • Strengthen the City’s commitment to local business through its procurement practices and programs to help local businesses secure City contracts • Encourage CSU and other large purchasers to source locally • Work with local manufacturers and companies to create an asset map of the resources and services available in the region to support product development and early-stage manufacturing • Identify areas of the product lifecycle that Fort Collins does not currently (but should) support with local services • )ĵåųčĜĹčÏĬƚŸƋåųôĹåƋƵŅųĩĜĹčåƴåĹƋŸØ åƴ±Ĭƚ±ƋĜŅĹƋŅÚåƋåųĵĜĹåŸƚþÏĜåĹƋ±ÏƋĜƴĜƋƼƋŅ warrant formal cluster organization • :ųŅƵƋĘÏĬƚŸƋåųôüŅÏƚŸŅĹ¼%ŞųŅģåÏƋŸ±ĹÚ collaboration, commercialization and business formation, industry partners, supply chain analysis, and strategic recruitment of key businesses and talent to enhance support system for clusters • )ƻĜŸƋĜĹčxĵ±ƋƚųåÏĬƚŸƋåųŸôŞųŅü域ĜŅűĬ associations or councils, no need to be 501(c)(3) 16 2 Cluster Strategy 2.0 outlines a number of program objectives Packet Pg. 174 Attachment: Exhibit A (3221 : Economic Health Strategic Plan Update RESO) and Sectors Retain, develop, and recruit entrepreneurs and cutting-edge companies eds 1. { ųŅĵŅƋåƋĘåÚåƴåĬŅŞĵåĹƋŅüųåĬĜ±ÆĬåØƚĬƋų±ěĘĜčĘ speed internet services throughout the community ôåĵŞĘ±ŸĜDŽåƋĘåĜĵŞŅųƋ±ĹÏåŅüÆųŅ±ÚƱĹÚåŧƚĜƋƼ 2. ŞŅĹŸŅųØŸƚŞŞŅųƋرĹÚŞųŅĵŅƋåĜĹÏƚƱƋĜŅĹü±ÏĜĬĜƋĜåŸ and services, including Rocky Mountain Innosphere, Galvanize, CSU Power House, CSU Research Innovation Center and others 3. ) ƴ±Ĭƚ±ƋåƋĘåÆåĹåĀƋŸŅüÏųå±ƋĜĹč±ĹĜĹĹŅƴ±ƋĜŅĹ district with the goal of strengthening entrepreneurial activities in the community 4. { ±ųƋĹåųĜĹƋĘåÚåƴåĬŅŞĵåĹƋŅü±ųå±ƋĜƴå%ĜŸƋųĜÏƋØ ±ŸÚåĀĹåÚÆƼƋĘåƋ±ƋåŅüŅĬŅų±ÚŅØƋŅŸƚŞŞŅųƋƋĘå promotion of arts and culture activities that attract entrepreneurs and an educated workforce [Led by ŅĵĵƚĹĜƋƼåųƴĜÏ域Ƌ±ýÌ 5. X åƴåų±čåƋĘåĜƋƼűŸųŅĬ屟±Ĭ±ųčåÏŅĹŸƚĵåų±ĹÚ “market maker” to foster innovation and support innovative companies and entrepreneurs 6. ŞŅĹŸŅų±ĹÚŞųŅĵŅƋåÏųå±ƋĜƴåŸŞ±Ï埊åţčţØ Carnegie Building, Southeast Creative Community Center) INVEST IN ENHANCEMENTS TO ENTREPRENEURISM AND INNOVATION INFRASTRUCTURE B.3 1. • c åƵÆƚŸĜĹ域üŅųĵ±ƋĜŅĹÆƼĜĹÚƚŸƋųƼxŸåÏƋŅų • ƚŸĜĹ域域ƚŞŞŅųƋåÚÆƼޱųƋĹåųŸŠåţčţØŅÏĩƼaŅƚĹƋ±ĜĹFĹĹŅ- sphere, Galvanize, SBDC, Powerhouse) • I ŅÆŸÏųå±ƋåÚØϱŞĜƋ±Ĭų±ĜŸåÚØŸ±ĬåŸĜĹÏų屟åÚÆƼŸƚŞŞŅųƋåÚ businesses • % ŅĬĬ±ųŸŅüŞƚÆĬĜÏĜĹƴåŸƋĵåĹƋĜĹĜĹüų±ŸƋųƚÏƋƚųå Develop and support infrastructure that encourages entrepreneurism and innovationeeds City of Fort Collins Economic Health METRICS: STRATEGIES: OUTCOMES: GOALS: Packet Pg. 173 Attachment: Exhibit A (3221 : Economic Health Strategic Plan Update RESO) • ŅųĩüŅųÏåÚĜŸƋųĜÆƚƋĜŅĹƵĜƋĘĜĹƋĘåĬ±ÆŅųŸĘåÚ • { åųÏåĹƋ±čåŅüųåŸĜÚåĹƋŸƋʱƋĬĜƴå±ĹÚƵŅųĩĜĹ8ŅųƋŅĬĬĜĹŸ • c åƵÆƚŸĜĹ域üŅųĵ±ƋĜŅĹÆƼĜĹÚƚŸƋųƼxŸåÏƋŅų Diversify employment opportunities through business retention, expansion, incubation, and attraction needs 1. ŞŅĹŸŅųØŸƚŞŞŅųƋرĹÚŞųŅĵŅƋåĜĹÏƚƱƋĜŅĹü±ÏĜĬĜƋĜåŸ and services, including Rocky Mountain Innosphere, Galvanize, and others. 2. a ±ĜĹƋ±ĜĹųåĬ±ƋĜŅĹŸĘĜŞŸƵĜƋĘƋŅŞxčųŅƵĜĹčåĵŞĬŅƼåųŸ with an emphasis on Targeted Industry Clusters and Sectors 3. ) ŸƋ±ÆĬĜŸĘ±ÏƚŸƋŅĵåųųåĬ±ƋĜŅĹŸĘĜŞĵ±Ĺ±čåĵåĹƋ tool- use the employer database to populate a system that can be shared between the City and regional partners 4. ) ƻޱĹÚƋĘåƚŸĜĹ域±ĹÚcŅĹŞųŅĀƋåĹƋåųűŸ information clearinghouse to provide sophisticated, high quality industry and market information to small businesses and entrepreneurs 5. ) Ĺč±čåÆƚŸĜĹ域埱ĹÚƋĘåÏŅĵĵƚĹĜƋƼƋĘųŅƚčĘ a variety of methods (e.g., site visits, surveys, small industry stakeholder meetings, events) to understand needs 6. e ŸŸĜčĹ)BkƋ±ýƋŅĬĜ±ĜŸŅĹƵĜƋĘŅųĩüŅųÏååĹƋåųØ SBDC, Front Range Community College, CSU, Innosphere, and others PROVIDE RESOURCES THAT ENHANCE THE ABILITY OF EXISTING BUSINESS TO SUCCEED A.3 IN THE CITY • X ±ƼŅýŸ±ĹÚÆƚŸĜĹ域ųåĬŅϱƋĜŅĹŸxųåÚƚÏƋĜŅĹŸ • { ųĜƴ±ƋåĜĹƴåŸƋĵåĹƋĜĹĹåƵĵ±Ĺƚü±ÏƋƚųĜĹčåŧƚĜŞĵåĹƋŠ±Ÿĵå±- sured by use tax receipts) • k ƚƋŞƚƋŞåųϱŞĜƋ±Šĵ屟ƚųåŅüŞųŅÚƚÏƋĜƴĜƋƼšôĜűųčåƋFĹÚƚŸ- tries and Sectors Identify and coordinate resources that support existing businesses in the Cityneeds City of Fort Collins Economic Health METRICS: STRATEGIES: OUTCOMES: GOALS: Packet Pg. 167 Attachment: Exhibit A (3221 : Economic Health Strategic Plan Update RESO) 3. ±Ƌ±ĬƼDŽåĜĹÚƚŸƋųƼŸåÏƋŅųŸ±ĹÚÏĬƚŸƋåųŸƋŅĜĹÏų屟ååÏŅĹŅĵĜÏÚĜƴåųŸĜĀϱƋĜŅĹ 4. ) ĹÏŅƚų±čåĜƋƼŞŅĬĜÏĜåŸØĬ±ĹÚƚŸåųåčƚĬ±ƋĜŅĹŸØ±ĹÚŅƋĘåųĵƚĹĜÏĜޱĬ±ÏƋĜƴĜƋĜåŸ to consider the impact on economic and employment activity in the community 5. Consider the impact of capital investment on the preservation and development of employment land within the Growth Management Area, amongst the numerous other considerations used to prioritize capital investments Fĵ±čååüåųåĹÏåôkÚåĬĬųåƵĜĹčŅĵޱĹƼűŸĹåƵŎLjLjěƱųųåĬÆųåƵĘŅƚŸåØſÏŅĵŞĬåƋåÚ in 2013. The brewery originally opened in 1989 and expanded to the new site in 1994. The latest expansion included additional cellar space, bringing fermentation capacity to 4,800 barrels. community prosperity.JURZRXURZQSODFHPDWWHUVWKHFOLPDWHHFRQRP\WKLQNUHJLRQDOO\ 8 Packet Pg. 166 Attachment: Exhibit A (3221 : Economic Health Strategic Plan Update RESO) for local producers retention of incubator graduates collaborate more closely with CSU regional ED collaboration with Denver, Boulder, Colorado Springs support for emerging clusters align ƋŅƚųĜŸĵ¼ ED growing clean åĹåųčƼ¼ bioscience open labor clusters networks top 5 states to do business ¼%±Ƌ (CNBC) federal labs ¼ economic health toolbox strong K-12 natural assets/ outdoor playground favorable exchange rate for âÆåĹåĀƋŸ exporters investment in alternative energy US is a low-risk high-transparency investment destination I-25 Corridor proximity to Denver Front Range CC educated workforce healthcare ŸƼŸƋåĵ¼ PVHS Old Town innovation infrastructure support for independent ÆƚŸĜĹ域埼 arts progressive utilities CSU national/international state/region local WEAKNESSES STRENGTHS THREATS OPPORTUNITIES 6 Packet Pg. 164 Attachment: Exhibit A (3221 : Economic Health Strategic Plan Update RESO) Engagement Self ƚþÏĜåĹÏƼ Homelessness Prevention Cultural Diversity Community Early Wellness Childhood Care Social Justice Community Recycling Center Air Quality Programs Carbon Accounting Waste Reduction Municipal Environmental Sustainability Healthy Homes Enhanced Transportation eýŅųÚ±ÆĬå Housing Support Local Economy Waste Stream Reuse FĹĀĬĬØåÚåƴĬŅŞĵåĹƋ & Green Building Climate Action Plan City of Fort Collins Economic Health Packet Pg. 161 Attachment: Exhibit A (3221 : Economic Health Strategic Plan Update RESO) available jobs. 1 Taken from the City of Fort Collins Strategic Plan, 2014 FRPPXQLW\SURVSHULW\JURZRXURZQSODFHPDWWHUVWKHFOLPDWHHFRQRP\WKLQNUHJLRQDOO\ 2 Packet Pg. 160 Attachment: Exhibit A (3221 : Economic Health Strategic Plan Update RESO) large potential market opportunities. Exporting these new products and services and attract additional income to the community. Packet Pg. 141 Attachment: Economic Health Strategic Plan Sustainability Assessment Summary and Tool (3200 : outside the community. New products and services can provide local benefit (especially if focused on community goals) and bring new income to the community when they are exported beyond our borders. Infill and redevelopment address infrastructure deficiencies that may negatively impact land values and the economy. Clear, predictable and transparent processes enable the community to obtain its objectives and reduce the time for business to clear regulatory hurdles. Packet Pg. 140 Attachment: Economic Health Strategic Plan Sustainability Assessment Summary and Tool (3200 : The land use code restricts heavy industry in our community – reducing our total potential pollution in the community Promote new green and clean industry that may not pollute at the same rates as heavier industry Packet Pg. 138 Attachment: Economic Health Strategic Plan Sustainability Assessment Summary and Tool (3200 : Encouraging/attracting new green businesses and innovation related to resource consumption lessens the impact of new development on land, water, air, energy, transportation, etc. Redevelopment can enable higher and better use of existing land/development maximizing the output without need to consume new raw land; also requires development at a new standard that increases energy and water efficiency – energy star requirement of URA projects. Infill and redevelopment will impact the visual/landscape or aesthetic Packet Pg. 137 Attachment: Economic Health Strategic Plan Sustainability Assessment Summary and Tool (3200 : EASEMENT TO THE MOUNTAIN STATE TELEPHONE AND TELEGRAPH COMPANY (BOOK 1159, PG 118) 20' UNDERGROUND WATERLINE EASEMENT TO THE CITY OF FORT COLLINS (REC. NO. 89012650) JAMES S. BRINKS TRUST REC. NO. 20120009929 REC. NO. 20120011409 REC. NO. 20120011411 TRACT 3 TRACT 2 TRACT 1 CITY OF FORT COLLINS, BOOK 87 PAGE 556 BINGHAM HILL RD DITCH ROAD ACCESS CITY OF FORT COLLINS LEGEND 60-IN GREELEY WATERLINE DITCH ROAD ACCESS EASEMENT PROVIDENCE INFRASTRUCTURE CONSULTANTS 4901 EAST DRY CREEK ROAD, SUITE 210 CENTENNIAL, CO 80122 TEL: (303)997-5035 www.providenceic.com 121001.00 PROVIDENCE INFRASTRUCTURE CONSULTANTS CITY OF GREELEY BELLVUE TRANSMISSION PIPELINE NORTHERN SEGMENT, PHASE 2 BAR IS ONE INCH ON ORIGINAL DRAWING IF NOT ONE INCH ON THIS SHEET, ADJUST SCALES ACCORDINGLY SCALE: PLAN 1"=150' N 1 EX-A GREELEY ACCESS EASEMENT 1 TRACT 1. THIS DRAWING IS NOT INTENDED TO BE A MONUMENTALIZED LAND SURVEY, ITS SOLE PURPOSE IS A GRAPHIC REPRESENTATION TO AID IN THE VISUALIZATION OF EASEMENT LOCATIONS. 2. FOR PROPERTY SURVEY, REFER TO BRINKS BOUNDARY LINE ADJUSTMENT PLAT REC. NO. 20120011412. NOTES: &YIJCJU" 1BHFPG Packet Pg. 95 Attachment: Exhibit A (3207 : Greeley Access Easement ORD)