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COUNCIL - COMPLETE AGENDA - 05/21/2019 - REGULAR MEETING
City of Fort Collins Page 1 Wade Troxell, Mayor City Council Chambers Kristin Stephens, District 4, Mayor Pro Tem City Hall West Susan Gutowsky, District 1 300 LaPorte Avenue Julie Pignataro, District 2 Fort Collins, Colorado Ken Summers, District 3 Ross Cunniff, District 5 Cablecast on FCTV Channel 14 Emily Gorgol, District 6 and Channel 881 on the Comcast cable system Carrie Daggett Darin Atteberry Delynn Coldiron City Attorney City Manager City Clerk Regular Meeting May 21, 2019 (Amended 5/17/19) Persons wishing to display presentation materials using the City’s display equipment under the Citizen Participation portion of a meeting or during discussion of any Council item must provide any such materials to the City Clerk in a form or format readily usable on the City’s display technology no later than two (2) hours prior to the beginning of the meeting at which the materials are to be presented. NOTE: All presentation materials for appeals, addition of permitted use applications or protests related to election matters must be provided to the City Clerk no later than noon on the day of the meeting at which the item will be considered. See Council Rules of Conduct in Meetings for details. The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221- 6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. Proclamations and Presentations 5:30 p.m. A. Proclamation Declaring May as Mental Health Awareness Month. B. Proclamation Declaring June 1-7, 2019, as CPR and AED Awareness Week. C. Proclamation Declaring May 21, 2019 as Frederick R. Baker Day. City of Fort Collins Page 2 Regular Meeting 6:00 p.m. PLEDGE OF ALLEGIANCE-Presentation of Colors by Cub Scout Dens 5 and 7 of Pack 91, Bennett Elementary School. CALL MEETING TO ORDER ROLL CALL AGENDA REVIEW: CITY MANAGER City Manager Review of Agenda. Consent Calendar Review This Review provides an opportunity for Council and citizens to pull items from the Consent Calendar. Anyone may request an item on this calendar be “pulled” off the Consent Calendar and considered separately. o Council-pulled Consent Calendar items will be considered before Discussion Items. o Citizen-pulled Consent Calendar items will be considered after Discussion Items. PUBLIC COMMENT Individuals may comment regarding items scheduled on the Consent Calendar and items not specifically scheduled on the agenda. Comments regarding land use projects for which a development application has been filed should be submitted in the development review process** and not to the Council. Those who wish to speak are asked to sign in at the table in the lobby (for recordkeeping purposes). All speakers will be asked by the presiding officer to identify themselves by raising their hand, and then will be asked to move to one of the two lines of speakers (or to a seat nearby, for those who are not able to stand while waiting). The presiding officer will determine and announce the length of time allowed for each speaker. Each speaker will be asked to state his or her name and general address for the record, and to keep comments brief. Any written comments or materials intended for the Council should be provided to the City Clerk. A timer will beep once and the timer light will turn yellow to indicate that 30 seconds of speaking time remain, and will beep again and turn red when a speaker’s time to speak has ended. [**For questions about the development review process or the status of any particular development, citizens should consult the Development Review Center page on the City’s website at fcgov.com/developmentreview, or contact the Development Review Center at 221-6750.] PUBLIC COMMENT FOLLOW-UP City of Fort Collins Page 3 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. 1. Second Reading of Ordinance No. 064, 2019, Appropriating Prior Year Reserves for Natural Areas Programming Not Included in the 2019 Adopted City Budget. This Ordinance, unanimously adopted on First Reading on May 7, 2019, appropriates $10,215,000 in prior year reserves and unanticipated revenues in the Natural Areas Fund. These appropriations are for land conservation and restoration of wildlife habitat, as well as other Natural Areas Department programs to benefit the citizens of Fort Collins. 2. Second Reading of Ordinance No. 065, 2019, Vacating Portions of Hobbit Street Right-of-Way East of Shields Street. This Ordinance, unanimously adopted on First Reading on May 7, 2019, vacates a portion of the Hobbit Street right-of-way that was originally intended to be built in connection with the Young’s Creek development plan. Young’s Creek would have extended Hobbit Street from its current termination north into its development but was never constructed and has since expired. With the approval of the Landmark Apartments Expansion project in place of Young’s Creek, the constructed portion of Hobbit Street (which is not being vacated) will be terminated into a cul-de-sac at its current location. 3. First Reading of Ordinance No. 066, 2019, Making Appropriations for a Federal Lobbying Contract Related to Regulation of Train Horn Noise. The purpose of this item is to appropriate $49,000 in order to enter into a lobbying contract with Squire Patton Boggs to achieve legislative or regulatory progress on reducing train horn noise in downtown Fort Collins. The City will enter into the lobbying contract without competition as permitted by Section 8-161(d)(1) of the City Code. 4. First Reading of Ordinance No. 067, 2019, Appropriating Unanticipated Revenue and Authorizing Transfers of Appropriations for a Great Outdoors Colorado Grant Project to Update the Parks and Recreation Policy Plan. The purpose of this item is to appropriate unanticipated grant revenue awarded by Great Outdoors Colorado (GOCO) to update the Parks and Recreation Policy Plan. The existing Parks and Recreation Policy Plan, dated October 2008, requires periodic updating to reflect current conditions and address ongoing challenges of the Parks, Recreation, and Park Planning and Development departments. A GOCO Planning Grant application was submitted in November 2018 to supplement project funding. GOCO released notification of a $75,000 grant award for the project in March 2019. A grant agreement to accept the grant award is pending, and a resolution authorizing the City Manager to sign the agreement will accompany this Ordinance on Second Reading. City of Fort Collins Page 4 5. First Reading of Ordinance No. 068, 2019, Amending Section 23-194 of the Code of the City of Fort Collins Regarding Natural Areas Permits. The purpose of this item is to modify Chapter 23, Section 194(b) of the City Code increasing the time for the Natural Areas Director to review Special Use and Commercial Use permit requests from five business days to fifteen business days. 6. Items Relating to Various Amendments to City Code Chapter 26 Pertaining to Utility Services. A. First Reading of Ordinance No. 069, 2019, Amending Section 26-491 of the Code of the City of Fort Collins to Add and Revise Definitions Related to the City’s Stormwater System. B. First Reading of Ordinance No. 070, 2019, Amending Section 26-391 of the Code of the City of Fort Collins to Add and Revise Definitions Related to the City’s Municipal Electric Utility System. The purpose of this item is to make revisions, clarifications and additions to update definitions in City Code Chapter 26 pertaining to Stormwater and Electric Utility Services. 7. First Reading of Ordinance No. 071, 2019, Approving the Second Amendment to the Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins-Loveland Municipal Airport, Now Known as the Northern Colorado Regional Airport. (This item has been amended 5/17/19) The purpose of this item is to stagger the terms of the citizen members appointed to the Northern Colorado Regional Airport Commission. The current adopted Amended and Restated Intergovernmental Agreement states that appointed citizen members’ terms expire at the same time for all three of the appointed citizen members. 8. First Reading of Ordinance No. 072, 2019, Designating the Kamal/Livingston Property, 608 West Laurel Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. This item is a quasi-judicial matter and if considered on the discussion agenda, it will be considered in accordance with the procedures described in Section 1(e) of the Council’s Rules of Meeting Procedures adopted in Resolution 2018-034. The purpose of this item is to consider the request for landmark designation of the Kamal/Livingston Property, 608 West Laurel Street, for its early mid-century vernacular architecture with Colonial Revival details. This is a voluntary designation at the property owner’s request. The Landmark Preservation Commission unanimously recommends approving this landmark designation. 9. First Reading of Ordinance No. 073, 2019, Designating the Alfred Parker Duplexes I and II, 221-229 West Mulberry Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. This item is a quasi-judicial matter and if considered on the discussion agenda, it will be considered in accordance with the procedures described in Section 1(e) of the Council’s Rules of Meeting Procedures adopted in Resolution 2018-034. The purpose of this item is to consider the request for landmark designation of the Alfred Parker Duplexes I and II, 221-229 West Mulberry Street, as rare examples of twin American Foursquare duplex architecture. This is a voluntary designation at the property owner’s request. The Landmark Preservation Commission unanimously recommends approving this landmark designation. City of Fort Collins Page 5 10. Resolution 2019-060 Authorizing the City Manager to Sign a Master Lease Agreement with Smartlink for AT&T Small Wireless Communication Equipment Attachments on City Facilities in Public Rights of Way The purpose of this item is to authorize the City Manager to enter into a Master License Agreement with Smartlink, working on behalf of AT&T, concerning the use of the City's infrastructure and rights- of-way for small cellular equipment and associated uses. 11. Resolution 2019-061 Authorizing the City Manager to Sign a Master Lease Agreement with Zayo Group LLC for Sprint Small Wireless Communication Equipment Attachments on City Facilities in Public Rights-of-Way. The purpose of this item is to authorize the City Manager to enter into a Master License Agreement with Zayo, working on behalf of Sprint, concerning the use of the City's infrastructure and rights-of-way for small cellular equipment and associated uses. 12. Resolution 2019-063 Authorizing the City Manager to Enter into an Agreement with the Poudre School District R-1 for the School Resource Officer Program. The purpose of this item is to authorize the City Manager to enter into an Intergovernmental Agreement (IGA) between the Poudre School District R-1 (District) and the City of Fort Collins, on behalf of Fort Collins Police Services (FCPS) which updates, replaces and supersedes the previous IGA and continues the School Resource Officer (SRO) Program. 13. Resolution 2019-062 Appointing Brandi Lynn Nieto as an Assistant Municipal Judge of the Fort Collins Municipal Court and Authorizing the Execution of an Employment Agreement. The purpose of this item is to appoint Brandi Lynn Nieto as an Assistant Municipal Judge for the Fort Collins Municipal Court. The City Charter provides for the appointment of judges of the Municipal Court for two (2) year terms. Chief Judge Kathleen M. Lane recommends that Ms. Nieto be appointed as a second Assistant Municipal Judge, to serve in the absence of the Chief Judge and Assistant Judge Teresa Ablao. 14. Resolution 2019-064 Adopting Amended Rules of Procedure Governing the Conduct of City Council Meetings and Council Work Sessions. The purpose of this item is to update the Rules of Procedure for Council meetings and work sessions to clarify various public hearing processes and provide an option for adoption of the Consent Calendar if 4 or more items are pulled. END CONSENT CONSENT CALENDAR FOLLOW-UP This is an opportunity for Councilmembers to comment on items adopted or approved on the Consent Calendar. STAFF REPORTS A. School Resource Officer Program. (staff: Jeff Swoboda) COUNCILMEMBER REPORTS CONSIDERATION OF COUNCIL-PULLED CONSENT ITEMS City of Fort Collins Page 6 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. 15. Resolution 2019-066 Adopting of FoCo Creates Arts and Culture Master Plan. (staff: Jim McDonald, Kelly DiMartino; 10 minute staff presentation; 30 minute discussion) The purpose of this item is to request adoption of the FoCo Creates Arts and Culture Master Plan. FoCo Creates Arts and Culture Master Plan is a 10-year plan illustrating the community’s vision for the future of the arts, culture and creative sector and providing policy and implementation recommendations. 16. First Reading of Ordinance No. 074, 2019, Making Appropriations and Authorizing Transfers of Appropriations for the Lemay and Vine Intersection Improvements Project and Related Art in Public Places. (staff: Tim Kemp, Chad Crager; 10 minute staff presentation; 15 minute discussion) The purpose of this item is to appropriate $9.1M of Transportation Capital Expansion Fee (TCEF) and Transportation Reserve Funds into the Capital Project Fund for the Lemay and Vine Intersection Improvements Project. In addition, this item will authorize the transfer of $91,000, one percent of the appropriated funds, from the Capital Project Fund to the Cultural Services and Facilities Fund for Art in Public Places. The overall project cost, including design, property acquisition, and construction, is estimated at $23.3M. The City has previously appropriated $3.7M, and this appropriation would add $9.1M to the project. The remaining funding needed for the project is $10.5M in 2019 dollars. 17. Resolution 2019-065 Making Board and Commission Liaison and Council Committee Assignments and Making Appointments to Various External Boards and Authorities. (no staff presentation; 15 minute discussion) The purpose of this item is to make Councilmember liaison assignments to City boards and commissions and to Council Committees and to make appointments to external boards and authorities on behalf of the City. CONSIDERATION OF CITIZEN-PULLED CONSENT ITEMS City of Fort Collins Page 7 OTHER BUSINESS A. Possible consideration of the initiation of new ordinances and/or resolutions by Councilmembers (Three or more individual Councilmembers may direct the City Manager and City Attorney to initiate and move forward with development and preparation of resolutions and ordinances not originating from the Council's Policy Agenda or initiated by staff.) B. Consideration of a motion to go into executive session. “I move that the City Council go into executive session for the purpose of meeting with the City’s Attorneys and City Management Staff to discuss the following matters as permitted under City Charter Article II, Section 11(2), City Code Section 2-31(a)(2) and Colorado Revised Statutes Section 24-6-402(4)(b): 1. Specific legal questions related to pending litigation regarding the City’s Public Nudity Ordinance; and 2. The manner in which particular policies, practices or regulations of the City related to public nudity may be affected by existing or proposed provisions of federal, state or local law; and 3. Specific legal questions related to pending litigation regarding the City’s approval of a minor amendment authorizing the Mennonite Fellowship external locker facility; and 4. The manner in which particular policies, practices or regulations of the City related to the Mennonite Fellowship external locker facility may be affected by existing or proposed provisions of federal, state or local law.” 18. Possible Motion Directing the City Attorney on Next Steps Related to Litigation Regarding the City’s Public Nudity Ordinance. The purpose of this item is for Council to provide possible direction to the City Attorney on the next steps she should take related to pending litigation challenging the City’s public nudity ordinance. ADJOURNMENT Every Council meeting will end no later than 10:30 p.m., except that: (1) any item of business commenced before 10:30 p.m. may be concluded before the meeting is adjourned and (2) the City Council may, by majority vote, extend a meeting until no later than 12:00 a.m. for the purpose of considering additional items of business. Any matter which has been commenced and is still pending at the conclusion of the Council meeting, and all matters scheduled for consideration at the meeting which have not yet been considered by the Council, will be continued to the next regular Council meeting and will be placed first on the discussion agenda for such meeting. PROCLAMATION WHEREAS, we are all affected by mental health, and one in four Coloradoans experience mental health conditions or substance use disorders, or both, each year; and WHEREAS, the stigma against mental health conditions remains one of the greatest barriers to improving the lives of all Coloradans through better mental health; and WHEREAS, mental health systems of care must be designed to meet the needs of the people being served; and WHEREAS, 50% of all people with mental health conditions experience them by age 14, and 74% by age 24 and increased focus on the prevention of mental health conditions and substance use disorders among children and adolescents through screening and early intervention helps improve lives; and WHEREAS, comprehensive, community-based services that respond to individuals with mental health needs are cost-effective and beneficial to consumers and our community; and WHEREAS, it costs 7 times more to incarcerate someone with mental health issues than to treat them in the community; and WHEREAS, there is a strong and growing body of evidence that supports the cost effectiveness and benefits to communities that have successfully implemented continuums of mental health care. NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby proclaim May 2019 as MENTAL HEALTH AWARENESS MONTH We also call upon all to commit our community to increasing awareness and understanding of mental health, and the need for appropriate and accessible services for all citizens. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 21st day of May, A.D. 2019. __________________________________ Mayor ATTEST: _________________________________ City Clerk Packet Pg. 8 PROCLAMATION WHEREAS, American Heart Association data show more than 350,000 EMS-assessed out-of-hospital cardiac arrests occur in the United States; and WHEREAS, about 90 percent of people who suffer out-of-hospital cardiac arrests die. However, cardiopulmonary resuscitation, or CPR, especially if performed immediately, can double or triple a cardiac arrest victim’s chance of survival; and WHEREAS, hands-only CPR has been shown to be as effective as conventional CPR for cardiac arrest at home, at work or in public; and WHEREAS, hands-only CPR has just two easy steps. Step 1 – Call 911 if you see a teen or adult collapse. Step 2 – Push hard and fast in the center of their chest to the beat of a familiar song that has 100 to 120 beats per minute, such as “Stayin’ Alive” by the Bee Gees or “Crazy in Love” by Beyonce featuring J-Z; and WHEREAS, there are people in the City of Fort Collins, such as Mr. Ray Gillan, who have saved the lives of others. In this case, Mr. Gillan performed CPR on Mr. Kent Cochran, who got a second chance at life as a result; and WHEREAS, our citizens have access to critical life-saving technology in the free PulsePoint smartphone app and may receive hands-only CPR, AED and PulsePoint education through PFA NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby proclaim the week of June 1-7, 2019, as CPR AND AED AWARENESS WEEK in Fort Collins to recognize the life-saving impact that CPR and AEDs have throughout our community and globe. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 21st day of May, A.D. 2019. __________________________________ ATTEST: Mayor _________________________________ City Clerk Packet Pg. 9 PROCLAMATION WHEREAS, Frederick R. Baker was born in February 1844, homesteaded in Fort Collins in 1873, was the mayor of Fort Collins from 1895-1902, and was the Larimer County Commissioner from 1890-1893; and WHEREAS, Frederick R. Baker was responsible for bringing forward Carnegie Library and Lincoln Park while in office as the mayor, and was founder of the First Presbyterian Church now located at Myrtle and College Avenue; and WHEREAS, Mr. Baker was known as the most influential farmer in Fort Collins and noted for promoting the sugar beet industry; and WHEREAS, in 1863 a group of soldiers (Union Light Guard), including Frederick R. Baker, were assigned to protect the President, by selection of the best men from each county of Ohio; and WHEREAS, Frederick R. Baker protected President Abraham Lincoln until his assignation on April 14, 1865 and continued this service through the term of President Andrew Johnson; and WHEREAS, Frederick R. Baker’s 1865 daily diary documenting his experiences while serving President Lincoln until his assassination is archived at the Fort Collins Museum of Discovery, along with his saber and personal Bible; and a book was published on his behalf, called A Civil War Diary of Frederick R. Baker, which is available for public use. NOW, THEREFORE, I, Wade Troxell, Mayor of the City of Fort Collins, do hereby declare May 21, 2019 as FREDERICK R. BAKER DAY to honor this founding father, whose contributions and influence on agriculture and cultural development of our parks and libraries and sense of civic life makes us truly a caring and Choice City. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of the City of Fort Collins this 21st day of May, A.D. 2019. __________________________________ ATTEST: Mayor _________________________________ City Clerk Packet Pg. 10 Agenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY May 21, 2019 City Council STAFF John Stokes, Natural Resources Director Barb Brock, Natural Areas Financial Coordinator Jody Hurst, Legal SUBJECT Second Reading of Ordinance No. 064, 2019, Appropriating Prior Year Reserves for Natural Areas Programming Not Included in the 2019 Adopted City Budget. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on May 7, 2019, appropriates $10,215,000 in prior year reserves and unanticipated revenues in the Natural Areas Fund. These appropriations are for land conservation and restoration of wildlife habitat, as well as other Natural Areas Department programs to benefit the citizens of Fort Collins. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, May 7, 2019 (w/o attachments) (PDF) 2. Ordinance No. 064, 2019 (PDF) 1 Packet Pg. 11 Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY May 7, 2019 City Council STAFF Barb Brock, Natural Areas Financial Coordinator John Stokes, Natural Resources Director Jody Hurst, Legal SUBJECT First Reading of Ordinance No. 064, 2019, Appropriating Prior Year Reserves for Natural Areas Programming Not Included in the 2019 Adopted City Budget. EXECUTIVE SUMMARY The purpose of this item is to appropriate $10,215,000 in prior year reserves and unanticipated revenues in the Natural Areas Fund. These appropriations are for land conservation and restoration of wildlife habitat, as well as other Natural Areas Department programs to benefit the citizens of Fort Collins. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading BACKGROUND / DISCUSSION Appropriated funds for the Natural Areas Department (NAD) for purposes other than capital projects lapse at the end of each year if not spent. Unspent funds need to be appropriated into the following year’s budget before they can be used. Of the total appropriation, $9,100,000 will be used for land conservation. Over $6,000,000 in land acquisitions are under negotiation; there is a reasonable likelihood that most of these funds will be spent in 2019. In addition to prior year reserves and unspent 2018 appropriations, NAD received $1,400,878 in unanticipated revenues; $580,000 of these funds are being appropriated for the purpose of providing Natural Areas programming not included in the 2019 adopted City Budget. NOTE: Of the $1,400,878 in unanticipated revenues, $580,000 is being appropriated in this Ordinance for current project needs and the remainder will be appropriated in the future as needed. The funds for NAD come from the following designated sources of revenue: 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 in this Ordinance are more specifically described as: $ 9,635,000 Unspent 2018 Budgeted Funds - being re-appropriated for same purpose $ 580,000 Unanticipated Revenues $10,215,000 Prior Year 2018 Reserves ATTACHMENT 1 1.1 Packet Pg. 12 Attachment: First Reading Agenda Item Summary, May 7, 2019 (w/o attachments) (7993 : SR 064 Natural Areas Appropriation) Agenda Item 7 Item # 7 Page 2 The anticipated use of these funds is as follows: Land Conservation - $9,100,000 in unspent land conservation funds will fund land conservation efforts per the Natural Areas Master Plan. Rangers - $30,000 for a new Ranger vehicle. The existing 10-year-old Ford Escape (hybrid) Ranger vehicle, which is no longer meeting the Ranger’s needs, is being repurposed to replace a leased 10-year-old Prius. Resource Management $200,000 in unspent 2018 restoration project funds will fund the completion of the restoration at Kingfisher Natural Area and other restoration projects. $150,000 for the first phase of infrastructure required to implement a recently completed water augmentation plan associated with numerous ponds on the Cache la Poudre River. Facility Operations - $330,000 to fund the remodel of the Field Services office building, refinish the floors in the shop and vehicle storage building to increase safety, and a portion of NAD costs for a fueling station to be shared with other departments at the Crushing Operations Facility. Trails and Visitor Amenities - $405,000 in unspent 2018 trails and visitor amenities project funds will fund a variety of trail and visitor amenity projects. CITY FINANCIAL IMPACTS This Ordinance increases 2019 appropriations in the City’s Natural Areas Fund by $10,215,000. The requested total appropriation of $10,215,000 in the Natural Areas Fund represents 2018 appropriations that were unspent and unencumbered at year-end 2018 and unanticipated revenues. These funds are restricted to the purposes of the Natural Areas Department. BOARD / COMMISSION RECOMMENDATION At its April 17, 2019 meeting, the Land Conservation and Stewardship Board voted unanimously to recommend that City Council approve the appropriation. PUBLIC OUTREACH Natural Areas Funds will be spent in alignment with the Natural Areas Master Plan, which was extensively reviewed by the public prior to its adoption in October 2014. ATTACHMENTS 1. Land Conservation and Stewardship Board minutes, April 17, 2019 (draft) (PDF) 1.1 Packet Pg. 13 Attachment: First Reading Agenda Item Summary, May 7, 2019 (w/o attachments) (7993 : SR 064 Natural Areas Appropriation) -1- ORDINANCE NO. 064, 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES FOR NATURAL AREAS PROGRAMMING NOT INCLUDED IN THE 2019 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 land or 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 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 11 of the City Charter states that all appropriations unexpended or unencumbered at the end of the fiscal year shall lapse to the applicable general or special revenue fund, except appropriations for capital projects and federal or state grants, which do not lapse until completion of the capital project or expiration of the respective grant; and WHEREAS, the City Manager has determined that the appropriations as described herein are available and previously unappropriated in the Natural Areas Fund for 2019; and WHEREAS, the City Manager has recommended the appropriation from prior year reserves in the Natural Areas Fund of a total of $10,215,000, comprised of $9,635,000 in unspent and unencumbered appropriations from 2018 and $580,000 in unanticipated revenue, 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; and WHEREAS, this appropriation benefits public health, safety, and welfare of the citizens of Fort Collins and serves the public purpose of helping to conserve and protect the natural areas in and around Fort Collins for the benefit of all of its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. 1.2 Packet Pg. 14 Attachment: Ordinance No. 064, 2019 (7993 : SR 064 Natural Areas Appropriation) -2- Section 2. That there is hereby appropriated from prior year reserves in the Natural Areas Fund the sum of TEN MILLION TWO HUNDRED FIFTEEN THOUSAND DOLLARS ($10,215,000) 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. Introduced, considered favorably on first reading, and ordered published this 7th day of May, A.D. 2019, and to be presented for final passage on the 21st day of May, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 21st day of May, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ City Clerk 1.2 Packet Pg. 15 Attachment: Ordinance No. 064, 2019 (7993 : SR 064 Natural Areas Appropriation) Agenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY May 21, 2019 City Council STAFF Marc Virata, Civil Engineer Chris Van Hall, Legal SUBJECT Second Reading of Ordinance No. 065, 2019, Vacating Portions of Hobbit Street Right-of-Way East of Shields Street. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on May 7, 2019, vacates a portion of the Hobbit Street right-of-way that was originally intended to be built in connection with the Young’s Creek development plan. Young’s Creek would have extended Hobbit Street from its current termination north into its development but was never constructed and has since expired. With the approval of the Landmark Apartments Expansion project in place of Young’s Creek, the constructed portion of Hobbit Street (which is not being vacated) will be terminated into a cul-de-sac at its current location. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, May 7, 2019 (w/o attachments) (PDF) 2. Ordinance No. 065, 2019 (PDF) 2 Packet Pg. 16 Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY May 7, 2019 City Council STAFF Marc Virata, Civil Engineer Chris Van Hall, Legal SUBJECT First Reading of Ordinance No. 065, 2019, Vacating Portions of Hobbit Street Right-of-Way East of Shields Street. EXECUTIVE SUMMARY The purpose of this item is to vacate a portion of the Hobbit Street right-of-way that was originally intended to be built in connection with the Young’s Creek development plan (Young’s Creek). Young’s Creek would have extended Hobbit Street from its current termination north into its development but was never constructed and has since expired. With the approval of the Landmark Apartments Expansion project in place of Young’s Creek, the constructed portion of Hobbit Street (which is not being vacated) will be terminated into a cul-de-sac at its current location. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Hobbit Street is an existing public street east of Shields Street that was constructed in the 1980s in conjunction with the Landmark Apartments development (on file as Landmark PUD). In 2004 the City approved Young’s Creek directly east of Landmark Apartments which dedicated right-of-way with the intent of extending Hobbit Street north into the development plan. Young’s Creek never proceeded with construction and the right to develop the plan expired. While the development plan expired, the right-of-way dedicated for Hobbit Street remained as right-of-way and did not terminate when the development plan expired. The Landmark Apartments Expansion development plan was submitted to the City in 2016 on the expired Young’s Creek property. Landmark Apartments Expansion’s development plan does not extend Hobbit Street into the project and terminates the existing Hobbit Street constructed with Landmark Apartments into a cul-de- sac. The remainder of the Hobbit Street right-of-way as dedicated with Young’s Creek is no longer needed for the Landmark Apartments Expansion, which was approved by the Planning and Zoning Board on November 10, 2016, with the condition that subsequent vacation of Hobbit Street right-of-way on the property be approved by City Council. Additionally, Resolution 2017-011 of the City Council adopted findings of fact and conclusions regarding the appeal of the Planning and Zoning Board decision approving the Landmark Apartments Expansion, which allows Landmark Apartments Expansion to move forward with a final plan. Vacations of public right-of-way are governed by City Code Section 23-115, which provides for an application and review process prior to submission to the City Council for formal consideration. The process includes review by potentially affected utility agencies, City staff, emergency service providers, and affected property owners in the vicinity of the right-of-way proposed to be vacated. This review process was followed in conjunction with review of the Landmark Apartments Expansion final plan and based on comments received, the Planning Development and Transportation Director recommended that the vacation be approved. With the proposed ATTACHMENT 1 2.1 Packet Pg. 17 Attachment: First Reading Agenda Item Summary, May 7, 2019 (w/o attachments) (7994 : SR 065 Hobbit Street ROW vacation) Agenda Item 8 Item # 8 Page 2 vacation, an easement for utilities and drainage will be reserved across a small portion of the vacated right-of- way, which preserves the right to utilize the vacated portion for this purpose and is consistent with the Landmark Apartments Expansion development plan for utility facilities. Approval of the plat for Landmark Apartments Expansion will dedicate a blanket utility and drainage easement outside of the building envelopes. CITY FINANCIAL IMPACTS The termination of Hobbit Street into a cul-de-sac instead of extending it into Landmark Apartments Expansion reduces the overall roadway maintenance liability to the City. PUBLIC OUTREACH A memorandum requesting input was sent to the abutting property owners and utility providers. ATTACHMENTS 1. Location map (PDF) 2.1 Packet Pg. 18 Attachment: First Reading Agenda Item Summary, May 7, 2019 (w/o attachments) (7994 : SR 065 Hobbit Street ROW vacation) -1- ORDINANCE NO. 065, 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS VACATING PORTIONS OF HOBBIT STREET RIGHT-OF-WAY EAST OF SHIELDS STREET WHEREAS, Hobbit Street is presently constructed abutting the existing Landmark Apartments; and WHEREAS, the previously approved Young’s Creek subdivision plat dedicated Hobbit Street right-of-way to extend the construction of Hobbit Street into the Young’s Creek subdivision; and WHEREAS, the Young’s Creek development plan has expired without being constructed but the Hobbit Street right-of-way remains dedicated to the City; and WHEREAS, a development plan on the Young’s Creek property known as Landmark Apartments Expansion PDP#160013 (the “Landmark Apartments Expansion”) was reviewed and approved on November 10, 2016, by the Planning and Zoning Board with the condition that subsequent vacation of Hobbit Street right-of-way on the property be approved by City Council; and WHEREAS, Resolution 2017-011 of the City Council was approved on February 7, 2017, which adopted findings of fact and conclusions regarding the appeal of the Planning and Zoning Board decision approving the Landmark Apartments Expansion; and WHEREAS, the Landmark Apartments Expansion, as approved by the Planning and Zoning Board and upheld by City Council, does not extend the Hobbit Street right-of-way into the development but terminates Hobbit Street into a cul-de-sac so that portions of the dedicated Hobbit Street right-of-way are no longer needed to construct the Landmark Apartments Expansion as approved; and WHEREAS, the City and RTA Hobbit, LLC, developer of Landmark Apartments Expansion, have requested that the City vacate that portion of the undeveloped right-of-way legally described on Exhibit “A” and shown on the map in Exhibit “B” attached hereto and incorporated herein (the “Excess Hobbit Street ROW); and WHEREAS, the Excess Hobbit Street ROW is no longer necessary or desirable for street purposes based on the approved Landmark Apartments Expansion; and WHEREAS, the City Engineer has routed the vacation request to potentially affected City agencies, private utility companies, property owners in the vicinity, and emergency service providers and no objection to the proposed vacation has been received, provided that a drainage and utility easement across a small portion of the Excess Hobbit Street ROW be reserved unto the City; and 2.2 Packet Pg. 19 Attachment: Ordinance No. 065, 2019 (7994 : SR 065 Hobbit Street ROW vacation) -2- WHEREAS, in accordance with City Code Section 23-115, the City Engineer recommended approval of the vacation to the Planning, Development and Transportation Director, and the Director recommends to Council that the request for vacation be approved; and WHEREAS, the right of the residents of the City of Fort Collins will not be prejudiced or injured by the vacation of said street rights-of-way. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds and determines that the right-of-way for those portions of Hobbit Street more particularly described on Exhibits “A” and “B” attached hereto and incorporated herein is no longer needed for right-of-way purposes, subject to reservation of an easement across that real property described as Parcel 2 on Exhibit “A” for drainage and utilities, and that it is in the public interest to vacate said right-of-way. Section 3. That those portions of the Hobbit Street right-of-way more particularly described on Exhibits “A” and “B” attached hereto and incorporated herein by this reference are hereby vacated, abated and abolished provided, however, that: (1) there is hereby reserved to the City a perpetual easement over, under, and across Parcel 2 described on Exhibit “A” for utility and drainage purposes; (2) this vacation shall not take effect until this Ordinance is recorded with the Larimer County Clerk and Recorder; (3) this Ordinance shall be recorded concurrently with the subdivision plat for the Landmark Apartments Expansion PDP #160013 known as “Landmark Apartments Expansion”; and (4) if this Ordinance is not so recorded by March 14, 2022, then this Ordinance shall become null and void and of no further force and effect. 2.2 Packet Pg. 20 Attachment: Ordinance No. 065, 2019 (7994 : SR 065 Hobbit Street ROW vacation) -3- Introduced, considered favorably on first reading, and ordered published this 7th day of May, A.D. 2019, and to be presented for final passage on the 21st day of May, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 21st day of May, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ City Clerk 2.2 Packet Pg. 21 Attachment: Ordinance No. 065, 2019 (7994 : SR 065 Hobbit Street ROW vacation) 2.2 Packet Pg. 22 Attachment: Ordinance No. 065, 2019 (7994 : SR 065 Hobbit Street ROW vacation) 2.2 Packet Pg. 23 Attachment: Ordinance No. 065, 2019 (7994 : SR 065 Hobbit Street ROW vacation) 2.2 Packet Pg. 24 Attachment: Ordinance No. 065, 2019 (7994 : SR 065 Hobbit Street ROW vacation) Agenda Item 3 Item # 3 Page 1 AGENDA ITEM SUMMARY May 21, 2019 City Council STAFF Tyler Marr, Senior Project Manager Chris Van Hall, Legal SUBJECT First Reading of Ordinance No. 066, 2019, Making Appropriations for a Federal Lobbying Contract Related to Regulation of Train Horn Noise. EXECUTIVE SUMMARY The purpose of this item is to appropriate $49,000 in order to enter into a lobbying contract with Squire Patton Boggs to achieve legislative or regulatory progress on reducing train horn noise in downtown Fort Collins. The City will enter into the lobbying contract without competition as permitted by Section 8-161(d)(1) of the City Code. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The City has been pursuing a reduction in train horn noise through the downtown core for many years, most notably in the form of a quiet zone, which would allow train operators to refrain from blasting horns at every crossing. These efforts have been met with resistance, challenges, and roadblocks from the Federal Railroad Administration (FRA), who has to date proven unwilling to work collaboratively, or evaluate federal law beyond a very strict and narrow interpretation. The City has been denied a waiver to the requirement for gates along the Mason corridor despite evidence of meeting safety criteria and has been unable to get firm next steps from FRA on what might be alternative solutions that they would consider. City Council and staff have worked with the federal government through multiple angles, including seeking support of appointed officials from both the Obama and Trump administrations. These efforts have resulted in additional conversations with the FRA but have not produced meaningful results. Recent visits to Washington, D.C. included conversations with our Congressional delegation and members of the Trump administration indicating that a legislative approach could be the most expedient way to see relief. With multiple opportunities to include language in upcoming federal legislation, such as the reauthorization of the surface transportation act (FAST), the Fiscal Year 2020 federal budget process, or a potential infrastructure deal, staff believes it is an appropriate time to engage outside help to achieve legislative results. A federal lobbyist could assist in trying to make progress on multiple fronts, including: • An appropriations provision prohibiting federal funds to enforce FRA requirements related to our efforts; • An exemption from the regulations for receiving a Quiet Zone from FRA; and • A permanent exemption via legislation that effectively establishes a Quiet Zone via Congress. Staff has identified Squire Patton Boggs (SPB) as a preferred provider for lobbying services to address these opportunities. The City will enter into the lobbying contract pursuant to Section 8-161(d)(1) of the City Code, 3 Packet Pg. 25 Agenda Item 3 Item # 3 Page 2 because there exists more than one responsible source, a competitive process cannot reasonably be used or, if used, will result in a substantially higher cost to the City, will otherwise injure the City’s financial interests or will substantially impede the City’s administrative functions or the delivery of services to the public. The City works with the firm on other projects - currently and most notably Halligan Reservoir efforts - and SPB has a national team (including expertise in railroad issues) that we believe can help secure necessary sponsors and supporters for relevant legislation. SPB has proposed a one-year retainer with the City at the cost of $7,000 monthly, or $84,000 for a twelve-month engagement, however, the City will only be entering into the contract for seven months at a cost of $49,000, with an option to extend the contract if Council subsequently approves an additional $35,000 for another five months of engagement. Staff will bring this proposed additional funding in the 2020 budget revision process. SPB and staff believe this is enough time to make substantial progress on the legislative and regulatory fronts. Staff plans to begin work with SPB immediately upon securing an appropriation, so as to not miss timely opportunities in the Congressional calendar. CITY FINANCIAL IMPACTS Staff has identified the General Fund reserves as a source for the needed $49,000 because the debt service payments related to the financing of the I-25/Project and Regional Police Training Facility projects was $350,000 less than originally budgeted for. The $49,000 to cover costs under this contract for 2019 will be deducted from this $350,000 savings and the remainder of the contract costs will be captured in the 2020 budget revision process. 3 Packet Pg. 26 -1- ORDINANCE NO. 066, 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING APPROPRIATIONS FOR A FEDERAL LOBBYING CONTRACT RELATED TO REGULATION OF TRAIN HORN NOISE WHEREAS, the City has been trying to achieve a reduction in train horn noise through the downtown core for many years, most notably in the form of attempting to establish a quiet zone along the Mason corridor, which would prohibit train operators traveling along the Mason corridor from using train horns within the established quiet zone, except in rare circumstances; and WHEREAS, despite various attempts, the City has not been successful in establishing a quiet zone along the Mason corridor due to the way the Federal Railroad Administration (the “FRA”) interprets relevant regulations; and WHEREAS, the City has not been able to obtain further direction from the FRA on what might be a workable solution to establish a quiet zone along the Mason corridor; and WHEREAS, after further discussion with representatives of Congress and members of the Trump administration, it appears the best solution to establish a quiet zone along the Mason corridor would be to pursue various legislative solutions through Congress that may allow the City to establish a quiet zone or to otherwise reduce train horn noise through the downtown core; and WHEREAS, staff has evaluated prospective providers of lobbying services and has identified Squire Patton Boggs (SPB) as the preferred provider to help secure necessary sponsors and support for a legislative solution to the train horn noise issue; and WHEREAS, this Ordinance appropriates $49,000 for 2019 lobbying services from SPB for seven months, with an option to extend the contract for an additional five months if Council subsequently appropriates an additional $35,000 in the 2020 budget revision process, or otherwise; and WHEREAS, staff plans to begin work with SPB immediately upon securing an appropriation, so as to not miss timely opportunities in the Congressional calendar; and WHEREAS, this appropriation serves the public health, safety and welfare of the citizens of Fort Collins and serves the public purpose of reducing noise pollution within the City’s downtown core; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council to 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 Packet Pg. 27 -2- WHEREAS, the City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated from the General Fund and will not cause the total amount appropriated in the General Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated from prior year reserves in the General Fund the sum of FORTY NINE THOUSAND DOLLARS ($49,000) for expenditure in the General Fund for a Federal Lobbying Contract with Squire Patton Boggs related to Train Horn Noise. Introduced, considered favorably on first reading, and ordered published this 21st day of May, A.D. 2019, and to be presented for final passage on the 4th day of June, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ Chief Deputy City Clerk Passed and adopted on final reading on the 4th day of June, A.D. 2019. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Packet Pg. 28 Agenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY May 21, 2019 City Council STAFF Suzanne Bassinger, Civil Engineer III Kurt Friesen, Director of Park Planning & Development Jody Hurst, Legal SUBJECT First Reading of Ordinance No. 067, 2019, Appropriating Unanticipated Revenue and Authorizing Transfers of Appropriations for a Great Outdoors Colorado Grant Project to Update the Parks and Recreation Policy Plan. EXECUTIVE SUMMARY The purpose of this item is to appropriate unanticipated grant revenue awarded by Great Outdoors Colorado (GOCO) to update the Parks and Recreation Policy Plan. The existing Parks and Recreation Policy Plan, dated October 2008, requires periodic updating to reflect current conditions and address ongoing challenges of the Parks, Recreation, and Park Planning and Development departments. A GOCO Planning Grant application was submitted in November 2018 to supplement project funding. GOCO released notification of a $75,000 grant award for the project in March 2019. A grant agreement to accept the grant award is pending, and a resolution authorizing the City Manager to sign the agreement will accompany this Ordinance on Second Reading. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The Parks and Recreation Policy Plan is the guiding document for the Parks, Recreation and Park Planning and Development departments. Updates to the Policy Plan are scheduled on a regular basis to reflect then- current conditions and address evolving needs of the community and the departments. The existing Parks and Recreation Policy Plan was adopted October 2008 and requires updating. CITY FINANCIAL IMPACTS The unanticipated grant revenue of $75,000 from GOCO will be matched by a total of $275,000 through a combination of existing appropriated funds from the Park Planning and Development Department in the Neighborhood Parkland Fund ($175,000), the Recreation Department in the Recreation Fund ($75,000), and the Parks Department in the General Fund ($25,000). No additional financial impacts are anticipated. BOARD / COMMISSION RECOMMENDATION At its October 2018 meeting, the Parks and Recreation Board discussed the grant application and created a letter of recommendation to the GOCO Program Officer. (Attachment 1) 4 Packet Pg. 29 Agenda Item 4 Item # 4 Page 2 PUBLIC OUTREACH No public outreach was performed for the grant application. Extensive public outreach will be an integral part of the development of the Policy Plan update, and the grant funds will be used, in part, to assure a robust community outreach effort. ATTACHMENTS 1. Parks and Recreation Board Letter of Recommendation (PDF) 4 Packet Pg. 30 s[[ins Parks & Recreation Advisory Board PO Box 580 Fort Collins, CO 80522 2A18-2019 Chair - Rob Cagen October 24,2018 Ms. Madison Brannigan Program Officer, Parks & Planning Great Outdoors Colorado 1900 Grant Street Denver, CO 80203 Dear Ms. Brannigan, The Parks and Recreation Advisory Board is writing this letter to support the City of Fort Collins' grant application for funding to support an update to the Fort Collins Parl* and Recreation Policy Plan ("Policy Plan"). The Parks and Recreation Advisory Board ("P&R Board") is closely involved with the review of projects and policy addressing our communities outdoor and indoor recreational programs and infrastructure. The P&R Board will be an important stakeholder in the development of the Policy Plan, and is an advisory body to the Fort Collins City Council, who will ultimately adopt the Policy Plan document to inform policy decisions and directions for the future. The City of Fort Collins has over 925 acres of developed park land, and over 35 miles of paved recreational trails. This investment in providing opportunities for our community to experience healthy activities, engage in family events, and recreate in the outdoors could not have been accomplished without the guidance of the 2008 Parks and Recreation Policy Plan. Our region is growing, andthe City's ability to continue to provide a comparable level of recreational facilities to the cofilmunity is outpacing previously identified resources. The City's current Parks & Recreation Policy Plan requires updating to address the current growth and financial climate. It is our understanding that developing a strategic plan for the next ten years will insure the continuation of the standard of excellence demonstrated by the City of Fort Collins, and build on that standard to consider the current impacts of rapid growth, limited financial resources, and the ever-expanding, and changing, public demand for recreational opportunities. The City of Fort Collins Parks and Recreation Advisory Board encourages Great Outdoors Colorado to support this important planning project with grant funds. ffiBoard & Recreation Advisory ATTACHMENT 1 4.1 Packet Pg. 31 Attachment: Parks and Recreation Board Letter of Recommendation (7957 : GOCO Grant Revenue Appropriation) -1- ORDINANCE NO. 067, 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE AND AUTHORIZING TRANSFERS OF APPROPRIATIONS FOR A GREAT OUTDOORS COLORADO GRANT PROJECT TO UPDATE THE PARKS AND RECREATION POLICY PLAN WHEREAS, the City has been awarded a Great Outdoors Colorado (“GOCO”) grant in the amount of $75,000 that will be used to update and revise the City’s Parks and Recreation Policy Plan (the “GOCO Grant”); and WHEREAS, the GOCO Grant will be used to evaluate, update, and create a clear vision of the future of the City’s parks and recreation system; and WHEREAS, the GOCO Grant requires a 25% match from the City and at least 10% of the match must be from cash resources; and WHEREAS, the City has $25,000 set aside as matching funds from the General Fund; and WHEREAS, the Parks and Recreation Board voted to support the grant application; and WHEREAS, this appropriation benefits public health, safety, and welfare of the citizens of Fort Collins and serves the public purpose of helping the City to plan for future parks and recreation activities for all of the Citizens of Fort Collins to enjoy; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, the City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated from the Neighborhood Parkland Fund and will not cause the total amount appropriated in the Neighborhood Parkland Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year; and WHEREAS, Article V, Section 10 of the City Charter authorizes the City Council to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one fund or capital project to another fund or capital project, provided that the purpose for which the transferred funds are to be expended remains unchanged; the purpose for which the funds were initially appropriated no longer exists; or the proposed transfer is from a fund or capital project in which the amount appropriated exceeds the amount needed to accomplish the purpose specified in the appropriation ordinance. Packet Pg. 32 -2- NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated for expenditure from unanticipated revenue in the Neighborhood Parkland Fund the sum of ONE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($175,000) for the GOCO Grant and appropriated therein. Section 3. That the unexpended appropriated amount of SEVENTY-FIVE THOUSAND DOLLARS ($75,000) in the Recreation Fund is authorized for transfer to the Neighborhood Parkland Fund and appropriated therein as matching funds for the GOCO Grant. Section 4. That the unexpended appropriated amount of TWENTY-FIVE THOUSAND DOLLARS ($25,000) in the General Fund is authorized for transfer to the Neighborhood Parkland Fund and appropriated therein as matching funds for the GOCO Grant. Introduced, considered favorably on first reading, and ordered published this 21st day of May, A.D. 2019, and to be presented for final passage on the 4th day of June, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ Chief Deputy City Clerk Passed and adopted on final reading on the 4th day of June, A.D. 2019. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Packet Pg. 33 Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY May 21, 2019 City Council STAFF Rick Bachand, Environmental Program Manager Jody Hurst, Legal SUBJECT First Reading of Ordinance No. 068, 2019, Amending Section 23-194 of the Code of the City of Fort Collins Regarding Natural Areas Permits. EXECUTIVE SUMMARY The purpose of this item is to modify Chapter 23, Section 194(b) of the City Code increasing the time for the Natural Areas Director to review Special Use and Commercial Use permit requests from five business days to fifteen business days. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Chapter 23 (Public Property), Article IX (Natural Areas), Section 23-194(b) of the City Code authorizes the Natural Areas Director to administer a permit system for uses or activities that are otherwise prohibited under Article IX. The current Code provides further direction that: “The Director shall approve, conditionally approve or deny an application on the grounds set forth in this Subsection, and the Director’s action and the basis therefore shall be stated in a written notice to the applicant, no later than five (5) business days after receipt of a fully completed application”. Due to the increasing number and variety of special use and commercial permit requests, the Natural Areas Department recommends extending the application/administrative permit review period from a five business day period to a fifteen business day review period. Staff reviews applications to ensure the safety of visitors, prevent visitor conflicts, and protect wildlife, wildlife habitat, and rare plants. In recent years the department has experienced an increasing number and variety of permit requests with a concentration of requests coming in the spring and summer months. Activities such as professional filming, drone flights, and numerous research requests characterize the range of special use permit applications. Research requests can be particularly complex to review and typically require input from multiple staff. To a lesser extent, processing the Department’s Commercial Use Permit can require interdepartmental coordination making additional administrative time necessary. Description of Special Use Permits Special Use Permit applications are traditionally used to permit otherwise prohibited uses, allow access to closed sections of a natural area, or to permit group activities greater than 15 individuals. The most common 5 Packet Pg. 34 Agenda Item 5 Item # 5 Page 2 permits are issued to conduct ecological research, educational programs, or to permit recreational or other activities that are otherwise generally prohibited in the Code. Description of Commercial Use Permits Requests to conduct (third party) commercial activity on a natural area is prohibited per Section 23-193(d)(14) of the City Code. Commercial use permit requests are deserving of attention as they are distinguished (from other prohibited uses) by the exchange of funds or services. Thus, commercial use requests are by reference also subject to the Natural Area permit process outlined in section 23-194(b). CITY FINANCIAL IMPACTS None. BOARD / COMMISSION RECOMMENDATION On April 16, 2019, the Land Conservation & Stewardship Board voted unanimously (9-0) to recommend adoption of the Code amendment. PUBLIC OUTREACH Public outreach was not conducted as the recommended Code change is largely administrative in nature. However, staff consulted with peer open space and park agencies to gauge comparable polices and administrative review periods for special use and commercial use permits. Staff found that: 1. City of Fort Collins Parks Department requires a 10-day review period for special use permits that include a variety of small and large events hosted within the Park (primarily sports related) and at Park facilities (shelters, sports fields, etc.). 2. Larimer County Parks and Open Lands requires a 60-day review period. 3. Jefferson County Parks and Open Space review permit applications once a year due to their increasing number of requests. 4. City of Boulder Open Space and Mountain Parks requires a 60 to 90-day review period depending on the specific activity requested. ATTACHMENTS 1. Land Conservation and Stewardship Board minutes, March 17, 2019 (PDF) 5 Packet Pg. 35 Land Conservation & Stewardship Board Regular Meeting Page 3 ACTION ITEM: Proposal to increase Natural Areas Special Use Permit Review period from 7 days (5 business days) to 21 days (15 business days). Rick Bachand, Ranger Manager, reported to the Board the current review period for Special Use and Commercial Use Permits are five working days. Over the past few years, the number of permit requests have increased, and staff resources are more required. To provide a better customer service, provide the appropriate staff resources for permit application reviews and allow enough time for permits to be reviewed, Rick is requesting City Council to extend the review period to 21 days (15 business days). Board members supported the change but suggested the proposal clearly lay out why the change is so important. Kelly Ohlson made a motion that City Council approve the Board’s recommendation to modify the current Fort Collins Municipal Code 23‐194, changing the current application review period from five (5) business days to fifteen (15) business days, for Special and Commercial Use permit applications. David Tweedale seconded the motion. The motion was unanimously approved 9‐0. Annual Appropriation of Prior Year Reserves, John Stokes, Director reported on the memo he distributed and the appropriation amount of $10M. Most of the appropriation is for land conservation along with another handful of items but is typical for the last few years. John would like to take the appropriation to City Council the first part of May for approval. Kelly inquired about the $1M in unanticipated revenues. John explained most of the funds were from the County and City Sales Tax. Most of those funds are from the County Sales Tax. Part of the reason for that is City Finance instructs NAD how to receive for city generated revenues, but NAD generates its own estimate of county revenues and it’s done conservatively on purpose. Joe asked about all the new hires and conversions. John reported NAD converted 8 positions. Six of those positions were in Field Services, one was the GIS position that was converted to full time position and the Environmental Planner position (Nature in the City) that is still open. David Tweedale made a motion that City Council approve the proposed 2019 Appropriation of Prior Year Reserves for the Natural Areas Department. Edward Reifsnyder seconded the motion. The motion was unanimously approved 9‐0 ATTACHMENT 1 5.1 Packet Pg. 36 Attachment: Land Conservation and Stewardship Board minutes, March 17, 2019 (7970 : Natural Areas Permit Review Extension) -1- ORDINANCE NO. 068, 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 23-194 OF THE CODE OF THE CITY OF FORT COLLINS REGARDING NATURAL AREAS PERMITS WHEREAS, in 1999, the City Council adopted Ordinance No. 027, 1999, enacting certain requirements and regulations related to the use by the general public of the City’s natural areas, codified in Chapter 23, Article IX of the City Code; and WHEREAS, those Code provisions have subsequently been updated to address and clarify points of concern related to use by the general public of the City’s parks, trails, recreation, and natural areas; and WHEREAS, the current Code requires staff to respond to a non-routine permit within five business days; and WHEREAS, since the Code provisions were adopted in 1999, non-routine permits have become more numerous, have increased in complexity, and have become more varied; and WHEREAS, the City Council has determined that changing the permit response time to fifteen days will ensure staff can appropriately respond to permit requests, for the good of all Fort Collins citizens; and WHEREAS, the City Council has also determined that the proposed amendments are in the best interests of the City and are necessary for the health, safety, and welfare of the City’s citizens. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Section 23-194 of the Code of the City of Fort Collins is hereby amended as follows: Sec. 23-194. – Natural areas permit process. (a) Any person or organization seeking a permit for the purposes set forth in this Article shall apply for a natural area permit by filing a verified application with the Service Unit on a form supplied by the Service Unit, except that permit applications for which a routine permit process has been established by the Director under § 23-195 below shall be governed by and processed in accordance with the routine permit process. A fully completed application must be filed with the Director not less than seven twenty-one (721) business days nor more than ninety (90) business days before the date on which a Packet Pg. 37 -2- permitted activity is to commence; provided, however, that the Service Unit may accept and process an application that is filed after the filing deadline if, in the judgment of the Director, there are sufficient time and sufficient resources for the Service Unit to process and investigate the application and make any preparations necessary for the activity. (b) The Director shall approve, conditionally approve or deny an application on the grounds set forth in this Subsection, and the Directors action and the basis therefor shall be stated in a written notice to the applicant, no later than five fifteen (15) business days after receipt of a fully completed application. The Director may deny any application or impose any reasonable permit conditions or requirements upon the approval of the same in order to protect the safety or well-being of persons or animals; the natural area, related facilities or any other City property or facility; the use and enjoyment of said areas or facilities by the general public; the needs and objectives of the City in maintaining and operating the same; and/or the natural environment in general. . . . Introduced, considered favorably on first reading, and ordered published this 21st day of May, A.D. 2019, and to be presented for final passage on the 4th day of June, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ Chief Deputy City Clerk Passed and adopted on final reading on the 4th day of June, A.D. 2019. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Packet Pg. 38 Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY May 21, 2019 City Council STAFF John Phelan, Energy Services Manager Cyril Vidergar, Legal Eric Potyondy, Legal SUBJECT Items Relating to Various Amendments to City Code Chapter 26 Pertaining to Utility Services. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 069, 2019, Amending Section 26-491 of the Code of the City of Fort Collins to Add and Revise Definitions Related to the City’s Stormwater System. B. First Reading of Ordinance No. 070, 2019, Amending Section 26-391 of the Code of the City of Fort Collins to Add and Revise Definitions Related to the City’s Municipal Electric Utility System. The purpose of this item is to make revisions, clarifications and additions to update definitions in City Code Chapter 26 pertaining to Stormwater and Electric Utility Services. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on First Reading. BACKGROUND / DISCUSSION Item A: Ordinance No. 069, 2019 - Stormwater Utility Service Definitions The City operates under a Colorado Municipal Separate Storm Sewer System (MS4) permit, which requires the implementation of programs to prevent or reduce the discharge of pollutants to waters of the state. The MS4 permit is issued by the State of Colorado through the Colorado Department of Public Health and Environment (CDPHE). MS4 permittees must prohibit and enforce on illicit discharges to the storm sewer system. The MS4 permit defines illicit discharge as any discharge to an MS4 that is not composed entirely of stormwater except those specifically authorized by a Colorado Discharge Permit System (CDPS) or National Pollutant Discharge Elimination System (NPDES) permit and those resulting from emergency firefighting activities. The MS4 permit also lists types of illicit discharges that can be excluded from the permittee’s response and enforcement program. Municipal Code Section 26-498 prohibits the discharge of pollutants and contaminated water to the City’s storm sewer system and local surface waters. The recommended changes to the definitions below provide consistency with the MS4 permit definition of “illicit discharge.” 6 Packet Pg. 39 Agenda Item 6 Item # 6 Page 2 Summary of proposed changes: Proposed Change to City Code Section 26-491 Rationale “Pollutants” is proposed to be added to the definition of “contaminated water,” as follows: “Contaminated water shall mean that water which contains pollutants or constituents at concentrations which could cause, directly or indirectly, impairment of human health or the environment and which would not present in such concentrations in a natural state.” “Pollutants” is proposed to be added to the definition of “contaminated water” to provide consistency between the two definitions and to clarify that pollutants in water contaminates it when they are at concentrations that are adverse to human health or the environment and are not naturally present. The definition of “contaminated water” includes a list of water sources that are excluded from being considered “contaminated water.” Two changes are proposed to be made to that list, as follows: “This definition does not include the following sources of water, unless water from such a source is determined to violate other applicable water quality restrictions or requirements: “(2) landscape irrigation and residential lawn watering; […] “(9) dye testing in accordance with manufacturers recommendations.” “Residential” is removed from the list to clarify that discharges resulting from residential, commercial, and industrial lawn watering will also not be considered to be “contaminated water,” and prohibited or enforced under the City’s MS4 permit programs. Further, discharges from lawn watering activities are already covered under City Code Section 26-166, which prohibits the waste of water. Dye testing is added to the list because it is a necessary process and to be consistent with CDPHE’s regulations. Dye testing is a process used by water utilities to help detect cross- connections between sanitary sewers and storm sewers. Dye testing may result in a discharge of the nontoxic fluorescent dye to a local water body. CDPHE has recognized the need for dye testing to remove sanitary sewer cross-connections and has added it to the list of illicit discharges that can be excluded from an MS4 permittee’s response and enforcement program. The words “contaminated water” are proposed to be added to the definition of “pollutants,” as follows: “Pollutant shall mean contaminated water, dredged spoil, dirt, slurry, solid waste, incinerator residue, sewage, sewage sludge, garbage, trash, chemical waste, biological nutrient, biological Agenda Item 6 Item # 6 Page 3 Item B: Ordinance No. 070, 2019 - Electric Utility Service Definitions Average annual electricity consumption: Adding this definition clarifies the meaning of the phrase as it relates to calculations such as those related to the sizing of behind-the-meter solar electric systems (i.e., “net metered” systems). This definition is related to the size estimation of a customer’s annual usage during the application step for a net-metered solar project. The size of such customer system is affected by the 120% rule which is found at Colorado Revised Statutes § 40-2-124. The principle behind the rule is to allow the customer’s financial compensation through credits for the energy generated on site to be sufficient to offset the typical annual electricity cost for the specific customer, while limiting the amount of that energy generation so other customers can also self-generate, without requiring electric utility system reconfiguration. This statutory definition and standard are included in Chapter 26 of the Fort Collins Code. As Fort Collins Utilities evaluates future rate structure changes for solar energy export, the need for the 120% sizing rule will also be evaluated; however, adding the “average annual electric consumption” now provides clarity for ongoing solar program implementation in the meantime. Note also that Utilities’ solar program administration has used 24 months of usage data when available. When this amount of data is not available, alternative estimation methods can be used. • Definition: Average annual electricity consumption shall mean the average monthly consumption of the previous 24 months of electricity use times twelve. Qualifying renewable technology: Staff recommends revising the definition of Qualifying renewable technology to include technologies that store energy. This revision will allow other provisions of the City Code, such as net metering, to apply to storage technologies. Utilities anticipates that storage technologies will become increasingly prevalent for net metered applications in the coming years. Current City Code definitions do not mention storage. Adding the following definition will provide clarity regarding the application of City Code to storage technologies. • Definition: Qualifying renewable technology shall mean a qualifying facility that generates electricity using renewable resources such as solar, fuel cell, wind, geothermal, combined heat and power or biomass technology, or that stores energy. (additions in italics) CITY FINANCIAL IMPACTS Allowing discharges from dye testing activities will eliminate the need to collect and treat the water contaminated with dye as a waste product, saving the City money in staffing, equipment, and disposal costs. There are no other expected financial impacts to the City as a result of the recommended code changes. The proposed electrical Code changes will have no direct financial impact to the City. BOARD / COMMISSION RECOMMENDATION At its April 18, 2019 meeting, the Fort Collins Water Board voted unanimously in support of the proposed stormwater definition revisions. At its April 11, 2019 meeting, the Energy Board voted 9-0 on April 11, 2019, to recommend approval of the proposed Electric Service definition revisions. PUBLIC OUTREACH The recommended City Code changes will not affect the way the MS4 permit illicit discharge response and enforcement activities are administered. The changes are not expected to affect the public; therefore, no public outreach activities have been conducted. 6 Packet Pg. 41 Agenda Item 6 Item # 6 Page 4 Fort Collins Utilities has presented the Electric Service changes to the Energy Board as set forth above. Staff has not done further public outreach as it was determined that the revisions were of a technical nature and that ongoing program related outreach would be sufficient. ATTACHMENTS 1. Water Board minutes, April 18, 2019 (draft) (PDF) 2. Energy Board minutes, April 11, 2019 (PDF) 6 Packet Pg. 42 DRAFT MINUTES WATER BOARD REGULAR MEETING 04/18/2019 – DRAFT MINUTES Page 4 the grant will fund commercial-scale landscape transformation projects that expand upon the already successful residential Xeriscape Incentive Program. These funds could also support participants, potentially in 2019, in the proposed Allotment Management Program (AMP), if AMP is approved. Discussion Summary Board members commented on and inquired about various related topics including whether the grant allows activities such as putting in sprinklers (Ms. Neel confirmed; funding will be available for such requests)’ if funding could be available to take action in 2019 (Council passed the purposed Allotment Management Program in the context that a waiver could be applied for this year and funding would be received early next year), and what work is being done for City departments, like Planning and Utilities, to better support each other (Water Resources, Water Conservation, Finance, Planning, and Zoning are working on changing ordinances within the departments). Board Member Bovee moved that the Water Board support Water Conservation Staff in their application for the United States Bureau of Reclamation WaterSMART grant. Board Member Steed seconded the motion. Vote on the motion: It passed unanimously, 7-0. Utilities Spring Code Updates Susan Strong, Senior Environmental Regulatory Specialist (Attachments available upon request) Presentation Summary Senior Environmental Regulatory Specialist, Susan Strong, explained the amended definitions of “contaminated water” and “pollutant” to City Code Section 26-491, which will ensure consistency with the City’s MS4 permits. The 26-491 proposed amendments would add “pollutants” to the definition of “contaminated water” and will add “contaminated water” to the definition of “pollutant”. The definition of contaminated water does not include landscape irrigation and watering or dye testing in accordance with manufacturers recommendations. These changes will help to prohibit and enforce on “illicit discharges” to the storm sewer system. There are some discharges that are ATTACHMENT 1 6.1 Packet Pg. 43 Attachment: Water Board minutes, April 18, 2019 (draft) (7964 : Revisions to Utilities Code Definitions) DRAFT MINUTES WATER BOARD REGULAR MEETING 04/18/2019 – DRAFT MINUTES Page 5 considered low-risk and do not require action from MS4. Discussion Summary Board members commented on and inquired about various related topics including exceptions that came to mind for action on illicit discharges. Board Member Malers moved for Water Board to recommend the approval by City Council the amendments to Section 25-491 of Municipal Code relating to definitions of “contaminated water” and “pollutant”. Board Member Steed seconded the motion. Vote on the motion: It passed unanimously, 7-0. Horsetooth Supply Line Shutdown Intergovernmental Agreement with Tri-Districts Mark Kempton, Water Production Manager (Attachments available upon request) Presentation Summary Water Production Manager, Mark Kempton gave background information to explain the need of an Inter-Governmental Agreement (IGA). The Water Treatment Facility has two primary drinking water sources (Horsetooth Reservoir (HT) and Poudre River). Northern Water did work on the line and found two issues with valves and the trash racks on the inlet, inside the reservoir, that needs to be replaced. This means that the HT pipeline must be shut down for 45 days. Since the only water sources will be the Poudre River during this time, it requires staff to mitigate risks associated with the plan (forest fires, vehicles in the river, tanker trucks in the river, etc.). The proposal is to enter an IGA with the Tri-Districts to look at risk mitigation strategies and possibly to structure temporary water supplies during the 45 days. Some preliminary ideas have been discussed, such asking Colorado Department of Transportation (CDOT) to restrict truck traffic in Poudre Canyon during the 45 days. The final plan alternatives will be selected in late summer . The line would be shut down in October 2020. Discussion Summary Board members commented on and inquired about various related topics including what HT’s lowest water level would be ( about 100 feet, a typical 6.1 Packet Pg. 44 Attachment: Water Board minutes, April 18, 2019 (draft) (7964 : Revisions to Utilities Code Definitions) ENERGY BOARD REGULAR MEETING ENERGY BOARD MEETING | 04/11//2019 ash landfills. These regulations were motivated by larger disasters with coal plants on the east coast (large facilities with dams that broke), and Mr. Wood stressed the Rawhide facility is nothing like those plants, there are no dams to break, but the regulations are applicable to them regardless. Platte River has been monitoring the groundwater around the landfill since the beginning of Rawhide, but the new EPA standards required additional wells to be installed, and some of the wells are much closer. In that process, Platte River has received a lot more data about the groundwater impact around the landfill, and with that data they found statistically significant levels above background in the immediate vicinity of the landfill. Platte River is in a process now where staff is working to identify the immediate impact and then will immediately impose corrective actions. Vice Chairperson Shores asked if there is an immediate remediation plan right now? Mr. Wood said the plans Platte River has right now are informal, proactive, and not imposed by an agency. Platte River will have additional, more formalized plans going forward before the regulations are implemented. Board member Gould asked if the landfill is lined and Mr. Wood said it is not lined with a geosynthetic layer, but the landfill is on top of a layer of pure shale, so Platte River is confident the groundwater does not migrate offsite. Chairperson Michell said the article in the Coloradoan said the aquafer impacted by the groundwater issue is not presently impacting any other aquafers in the area, and asked if that was accurate? Mr. Wood said that is one way to explain it, though it would be very difficult to follow every molecule. Ms. Clemsen- Roberts noted Platte River has 12 wells and only two wells are showing statistically significant signs of contamination; the other 10 wells are not showing any increased levels right now, which does not indicate a spread. Mr. Woods said in the 35 years of groundwater monitoring prior to the installation of the new wells, there were no concerning data points, but the two new wells are very close to the waste boundary of the landfill. Ms. Clemsen-Roberts also reiterated Platte River has been very transparent with their findings and self-reporting of the groundwater monitoring. it is always posted to their website. Platte River fully cooperated with all media requests regarding the data and provided links to other scientific data on the EPA’s website. Mr. Phelan asked when it might be appropriate to ask what the Platte River staff has learned, recognizing that they may not know the answer yet. Mr. Woods said they will be installing additional wells within the next year which will provide more data. SPRING CODE UPDATE Adam Bromley, Senior Manager, Electrical Engineering John Phelan, John Phelan, Energy Services Senior Manager Janet McTague, Manager, Technical Project Management (attachments available upon request) Ms. McTague explained that Light & Power staff have been working together to update the code within the Electric Service Standards (ESS); they are not looking for a recommendation at this time but wanted to give the Board a preview of what they’re working on. Several years ago, staff went to Council to change the responsibility for installation and maintenance of secondary service to multifamily buildings to the contractor or owner, which was in response to how construction has changed. City Code and ESS still reflects fourplexes and eightplexes, which are not seen very frequently in Fort Collins, but the code change limits what the City can install to 200 amps, which only gives each side of a duplex 100 amps before becoming a commercial service. This is ATTACHMENT 2 6.2 Packet Pg. 45 Attachment: Energy Board minutes, April 11, 2019 (7964 : Revisions to Utilities Code Definitions) ENERGY BOARD REGULAR MEETING ENERGY BOARD MEETING | 04/11//2019 problematic because most duplexes need a minimum of 150 amps per side, so effectively the City is not installing service to duplexes and the ESS needs to reflect that and move the change into code. Staff also wants the ESS to clarify that the owner of secondary service cables to meter pedestals in mobile home parks is the owner of the park. The owners should then be able to effectively budget for that change as they maintain the services. This process is consistent with how the Utility handles non- residential services, like downtown buildings, since mobile home parks are businesses. The City no longer allows master metering, except by variance through the Executive Director, so staff wanted to bring this standard into its own section within the ESS. Board member Baumgarn asked if the standard mostly applies to commercial condo situations, or multifamily. Ms. McTague said typically more in multifamily situations, and variances are rarely requested on commercial properties. Board member Gould asked how existing mobile home parks would be impacted by the code change. Ms. McTague said it depends on the annexation because they are all operated and maintained differently, but it should not negatively affect them, other than giving them clarity and control over when and how they maintain their system. Mr. Phelan said Energy Services staff has two proposed code changes, to add a definition of the Average Annual Electricity Consumption and revise the definition for Qualifying Renewable Technology. Mr. Phelan said these are interim steps in recognizing that there is some ambiguity in the current wording. Within net-metering, adding a definition of average annual electricity consumption clarifies the meaning of the phrase as it relates to calculations such as those related to the sizing of behind the meter solar electric systems. Average annual electricity consumption shall mean the average monthly consumption of the previous 24 months of electricity use times twelve. Chairperson Michell asked what the solution is if there is not 24 months of data available. Mr. Phelan said there are internal practices available; they have used as little as 12 months for new service, or square footage averages based on comparable homes. The definition of qualifying renewable technology will be revised to include technology which stores electric or thermal energy. This revision will allow other provisions of the code, such as net metering, to apply to storage technologies. Qualifying renewable technology shall mean a qualifying facility that generates electricity using renewable resources such as solar, fuel cell, wind, geothermal, combined heat and power or biomass technology, or that stores electric or thermal energy. Board member Becker commented that the reason to install a battery is so the user does not have to push out onto the grid, so a customer could feasibly arbitrage the system during Time of Day peak hours. Mr. Phelan said the Finance team was also concerned about that, so Energy Services staff ran that analysis and because Time of Day is designed to capture the wholesale rate structure of Platte River, it actually showed a slight benefit to the Utility on an annual basis. Mr. Phelan reiterated that this is one step of a larger process and said it’s important to remove a barrier now while working toward the next. Mr. Phelan asked the board for a recommendation since these changes will be proposed to City Council. Chairperson Michell asked if it makes sense to call a customer’s standalone battery “qualifying renewable technology” without any other renewable system, such as solar. Board member Braslau said that it does considering Platte River Power Authority’s investments in solar and wind, and they only way that can be handled is with progressive and proactive demand management. Mr. Michell agreed with Mr. Braslau’s comment but said he still does not think a standalone battery qualifies as renewable technology. Mr. Phelan said he would be shocked if City staff does not complete a comprehensive rework of code language within the next several years, but they are not ready to do that today. 6.2 Packet Pg. 46 Attachment: Energy Board minutes, April 11, 2019 (7964 : Revisions to Utilities Code Definitions) ENERGY BOARD REGULAR MEETING ENERGY BOARD MEETING | 04/11//2019 Board member Becker moved to support the code definition language update as presented by staff. Chairperson Michell seconded the motion. Vote on the Motion: It passed unanimously, 9-0 COLORADO LEGISLATIVE SUMMARY John Phelan, Energy Services Senior Manager Mr. Phelan became the Utilities liaison for the Council Legislative Review Committee this year. The Utility also relies heavily on representation with CAMU (Colorado Association of Municipal Utilities), they employ a lobbyist who reviews bills from a municipal utility perspective. Mr. Phelan displayed a list of bills that the City is considering taking a position on and highlighted five bills that are of interest to the Energy Board. HB19-1231, New Appliance Energy and Water Efficiency Standards, applies efficiency requirements on products sold in Colorado. Generally, this would not fall under the City’s purview in terms of regulatory requirements, but it would raise the minimum standards on a wide range of products sold at retailers in Colorado. HB19-1260, Building Energy Codes, requires jurisdictions that are adopting any part of code to adopt any of the last three available energy codes. HB19-1261, Colorado Climate Action Plan, revises and establishes new climate goals for the state of Colorado from all sources: 26% carbon reduction by 2025, 50% by 2030, and 90% by 2050. It essentially sets rule-making authority with the Colorado Department of Health & Environment and the Air Quality regulatory bodies. There is also an electric utility goal of 80% reduction by 2030, but that language is somewhat vague. This bill is paired with HB19-1313, Electric Utility Carbon Reduction, which says a utility with 500,000 or more customers can submit an approved clean energy plan which would exempt the utility from the rule-making portion of the Climate Action Plan under HB 1261. Board member Braslau said the Climate Action Plan under HB 1261 is less aggressive than the Fort Collins adopted CAP, and Mr. Phelan said that is correct; however, it could help the City have a stronger influence in areas it would otherwise not have now, such as natural gas vehicles. Mr. Coen added that he’s heard HB 1313 has weak support right now since it is basically a bill for Xcel Energy. Board member Braslau said he just looked it up, and HB 1260 did pass the House without amendments. He also said Mr. Phelan didn’t list SB 181, which would be of interest to the Energy Board. Mr. Phelan said after Mr. Coen’s comment earlier, he sent a note to the team in Environmental Services who are engaged in that. BOARD MEMBER REPORTS Chairperson Michell, Vice Chairperson Shores, and board members Baumgarn and Braslau all attended the Energy Transitions Symposium last month. Chairperson Michell said there is a website with several videos from the conference, and he plans to send a few links to the Board. Board member Braslau said he was discouraged by the discussion of Regional Energy Markets. Mr. Davis also attended along with a few others from Platte River, and he said he believes Xcel is in favor of an Energy Balanced Market. Vice Chairperson Shores said she attended a discussion about transportation issues, which she found very 6.2 Packet Pg. 47 Attachment: Energy Board minutes, April 11, 2019 (7964 : Revisions to Utilities Code Definitions) -1- ORDINANCE NO. 069, 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 26-491 OF THE CODE OF THE CITY OF FORT COLLINS TO ADD AND REVISE DEFINITIONS RELATED TO THE CITY’S STORMWATER SYSTEM WHEREAS, the City owns and operates a municipal separate storm sewer system (“MS4”) that is used, among other purposes, to convey stormwater to the Cache la Poudre River and its tributaries; and WHEREAS, said conveyance of stormwater by the City’s MS4 may constitute a discharge of pollutants to state waters and the waters of the United States under two statutes: the Colorado Water Quality Control Act, C.R.S. §§25-8-101 et seq. and the federal Clean Water Act, 33 U.S.C. §1251 et seq.; and WHEREAS, under said statutes, the Colorado Department of Public Health and Environment has issued CDPS General Permit COR090000 Stormwater Discharges Associated with Municipal Separate Storm Sewer Systems (MS4s) Authorization to Discharge Under the Colorado Permit System (“MS4 Permit”); and WHEREAS, there are certain inconsistencies between the MS4 Permit and Article VII of Chapter 26 of the City Code, which concerns the City’s Stormwater Utility and MS4, namely with respect to certain definitions in City Code Section 26-491; and WHEREAS, while the MS4 Permit generally requires the City to effectively prohibit illicit discharges of pollutants into the City’s MS4 (as those terms are used and defined in the MS4 Permit), under Part I(E)(2)(a)(v) of the MS4 Permit, the MS4 Permit does not require the City to effectively prohibit discharges from certain activities, including: non-residential lawn watering and dye testing in accordance with manufacturers recommendations (together, “Subject Activities”); and WHEREAS, under the current definition of “contaminated water” and “pollutant” in City Code Section 26-491, City Code Section 26-498 prohibits discharges of water to the City’s MS4 from the Subject Activities; and WHEREAS, changing the definition of “contaminated water” and “pollutant” in City Code Section 26-491 to state that these terms do not include water generated from the Subject Activities will be beneficial to the City by, among other things, better aligning City Code with the MS4 Permit, providing greater clarity regarding the City’s regulation of the Subject Activities, and prioritizing MS4 and stormwater-related education and enforcement activities on more significant sources of pollutants. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Packet Pg. 48 -2- Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Section 26-491 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-491. - Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section: . . . Contaminated water shall mean that water which contains pollutants or constituents at concentrations which could cause, directly or indirectly, impairment of human health or the environment and which would not present in such concentrations in a natural state. This includes any water contaminated from industrial processes, land use activities, development or other man- induced practices. These constituents include, but are not limited to, toxic pollutants as defined in § 26-206 of this Code, nutrients such as nitrogen and phosphorous, substances which promote an excessive biochemical oxygen demand (BOD) or chemical oxygen demand (COD) as those terms are defined in § 26-206, substances which cause the pH of such water to deviate from acceptable standards, biological agents which may be the cause of disease in either humans or other desirable organisms, and physical contaminants such as excess sediments and/or temperature. U.S. Environmental Protection Agency’s current publication of “Quality Criteria for Water,” and/or the State of Colorado’s “Basic Standards and Methodologies for Surface Water” and/or any other federal or state regulation or guideline may be used to interpret the impact of a particular constituent upon a water body. This definition does not include the following sources of water, unless water from such a source is determined to violate other applicable water quality restrictions or requirements: (1) Flows incidental to emergency fire fighting activities; (2) Landscape irrigation and residential lawn watering; (3) Irrigation return flows; (4) Springs, diverted stream flows and flows from riparian habitats and wetlands; (5) Flows incidental to street, sidewalk or median sweeping and not associated with construction; (6) Flows from condensation formed from the operation of air conditioning equipment installed and maintained in accordance with manufacturer's specifications; (7) Uncontaminated pumped, infiltrated or rising ground water; and Packet Pg. 49 -3- (8) Flows from properly installed, operated and maintained and City-approved footing, foundation or crawl space drain or pump.; and (9) Dye testing in accordance with manufacturers recommendations. . . . Pollutant shall mean contaminated water, dredged spoil, dirt, slurry, solid waste, incinerator residue, sewage, sewage sludge, garbage, trash, chemical waste, biological nutrient, biological material, disease causing agents, radioactive material, heat, wrecked or discarded equipment, rock, sand, automotive fluids, paint, cooking grease, process waste water, swimming pool discharges, discharges from cleaning of heat transfer equipment, or any industrial, commercial, construction, household, municipal, or agricultural waste. . . . Introduced, considered favorably on first reading, and ordered published this 21st day of May, A.D. 2019, and to be presented for final passage on the 4th day of June, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ Chief Deputy City Clerk Passed and adopted on final reading on the 4th day of June, A.D. 2019. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Packet Pg. 50 -1- ORDINANCE NO. 070, 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING SECTION 26-391 OF THE CODE OF THE CITY OF FORT COLLINS TO ADD AND REVISE DEFINITIONS RELATED TO THE CITY’S MUNICIPAL ELECTRIC UTILITY SYSTEM WHEREAS, the City owns and operates a municipal electric distribution system to deliver electric power purchased by the City to retail customers and to accommodate interconnection of customer-owned renewable power generation devices; and WHEREAS, Chapter 26 of the City Code regulates and governs the provision of utility services and sets forth definitions of terms used to describe and applicable to conditions for receipt of utility services; and WHEREAS, such provisions require updating and modification from time to time, for purposes of clarification and to ensure the Code remains a dynamic document capable of responding to issues identified by staff, customers, and citizens and changes in the law regarding the delivery of public utility services; and WHEREAS, staff has proposed that identified definitions be added and amended in Chapter 26 of the City Code to clarify how net-metered customer generation technologies are managed, and to better inform customers and align with current utility practices; and WHEREAS, in light of the foregoing, the City Council has determined the amendment and supplementation of definitions in Chapter 26 of the City Code is necessary and will be beneficial for the ratepayers of the City's Electric Utility and for the efficient administration of Utility functions. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Section 26-391 of the Code of the City of Fort Collins is hereby amended to read as follows: Sec. 26-391. - Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section: . . . Average annual electricity consumption shall mean the average monthly consumption of the previous twenty-four (24) months of electricity use times twelve (12x). . . . Packet Pg. 51 -2- Qualifying renewable technology shall mean a qualifying facility that generates electricity using renewable resources such as solar, fuel cell, wind, geothermal, combined heat and power or biomass technology, or that stores energy. . . . Introduced, considered favorably on first reading, and ordered published this 21st day of May, A.D. 2019, and to be presented for final passage on the 4th day of June, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ Chief Deputy City Clerk Passed and adopted on final reading on the 4th day of June, A.D. 2019. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Packet Pg. 52 Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY May 21, 2019 City Council Highlighted text added 5/17/19 STAFF Jason Licon, Airport Director Judy Schmidt, Legal SUBJECT First Reading of Ordinance No. 071, 2019, Approving the Second Amendment to the Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins-Loveland Municipal Airport, Now Known as the Northern Colorado Regional Airport. EXECUTIVE SUMMARY The purpose of this item is to stagger the terms of the citizen members appointed to the Northern Colorado Regional Airport Commission. The current adopted Amended and Restated Intergovernmental Agreement states that appointed citizen members’ terms expire at the same time for all three of the appointed citizen members. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The primary strategic objective of this IGA amendment would be to create a consistent and regularly scheduled process to apply for and request action from the respective City Councils to appoint Airport Commission citizen members serving on the Northern Colorado Regional Airport Commission. The current adopted Amended and Restated Intergovernmental Agreement states that appointed citizen members’ terms expire at the same time for all three of the appointed citizen members. Staggered terms will help to maintain consistency and continuity of leadership necessary for stable Airport policymaking and oversight. To accomplish this, the proposed Amendment to the IGA provides for initial terms beginning July 1, 2019 for the three citizen members will be 2 years-Loveland appointed Citizen Member; 3 years-Fort Collins appointed Citizen Member; and 4 years-Joint Citizen Member. PUBLIC OUTREACH At its May 16, 2019, meeting, the Airport Commission adopted a resolution recommending adoption by the Cities of the proposed amendment to the IGA staggering the terms of the “Citizen Members” and the “Joint Citizen Member” such that only one appointment expires each year (with one year in which there is no expiring appointment in light of the four year terms). -1- ORDINANCE NO. 071, 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING THE SECOND AMENDMENT TO THE AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT FOR THE JOINT OPERATION OF THE FORT COLLINS-LOVELAND MUNICIPAL AIRPORT, NOW KNOWN AS THE NORTHERN COLORADO REGIONAL AIRPORT WHEREAS, in 1963, the cities of Fort Collins and Loveland (the “Cities”) established a regional general aviation facility and became the joint owners and operators of the Fort Collins- Loveland Municipal Airport (the “Airport”); and WHEREAS, pursuant to Section 29-1-203 of the Colorado Revised Statutes (and Article II, Section 16, of the Fort Collins City Charter), the Cities are authorized by law to contract with one another to provide for the joint exercise of any function, service or facility lawfully authorized to each of them if such contracts are approved by the Councils of the Cities; and WHEREAS, the Cities currently operate and maintain the Airport pursuant to that certain Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins- Loveland Airport dated January 22, 2015 (the “IGA”), which established the Northern Colorado Regional Airport Commission (the “Commission”) as the Airport governance structure; and WHEREAS, by adoption of Resolution 2015-003 on January 6, 2015, the City Council approved the IGA; and WHEREAS, by adoption of Ordinance 067, 2017 on June 7, 2016, the City Council approved the First Amendment to the Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins-Loveland Municipal Airport (the “First Amendment”), which expanded the powers delegated to the Commission, ratified and reaffirmed the approval of the IGA and creation of the Commission as set forth therein in accordance with Article IV, Section 1 of the City Charter regarding the establishment of appointive boards and commissions by ordinance, and recognized the name change of the Airport to the Northern Colorado Regional Airport; WHEREAS, the Commission, at its May 16, 2019, meeting, approved and recommended adoption by the Cities of a further proposed amendment to the IGA staggering the terms of the “Citizen Members” and the “Joint Citizen Member” such that only one appointment expires each year (with one year in which there is no expiring appointment); and WHEREAS, the City Council has determined the further amendment of the IGA as recommended by the Commission is necessary and appropriate to maintain consistency and continuity of leadership and to provide more effective and efficient policymaking and oversight for the Airport. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: -2- Section 1. That the City Council hereby makes any and all determinations and findings contained in the recitals set forth above. Section 2. That the Second Amendment to the Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins-Loveland Municipal Airport, Now Known as the Northern Colorado Regional Airport (the “Second Amendment”) attached hereto as Exhibit “A” and incorporated herein by reference is hereby approved. Section 3. That the Mayor is authorized to execute the Second Amendment together with such changes as the City Manager, in consultation with the City Attorney, determines to be necessary or appropriate to protect the interests of the City provided such changes are materially consistent with the terms of this Ordinance and the intended purpose of the Second Amendment. Introduced, considered favorably on first reading, and ordered published this 21st day of May, A.D. 2019, and to be presented for final passage on the 4th day of June, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ Chief Deputy City Clerk Passed and adopted on final reading on the 4th day of June, A.D. 2019. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk SECOND AMENDMENT TO THE AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT FOR THE JOINT OPERATION OF THE FORT COLLINS-LOVELAND MUNICIPAL AIRPORT, NOW KNOWN AS THE NORTHERN COLORADO REGIONAL AIRPORT THIS Second Amendment (“Second Amendment”) is made and entered into this _____ day of , 2019, between THE CITY OF LOVELAND, COLORADO, a municipal corporation, and THE CITY OF FORT COLLINS, COLORADO, a municipal corporation, hereinafter referred to individually as a “City” and collectively as the "Cities." WITNESSETH: WHEREAS, in 1963, the Cities established a regional general aviation facility and became the joint owners and operators of the Fort Collins-Loveland Municipal Airport, now known as the Northern Colorado Regional Airport (the "Airport"); and WHEREAS, pursuant to Section 29-1-203 of the Colorado Revised Statutes (and Article II, Section 16, of the Fort Collins City Charter), the Cities are authorized by law to contract with one another to provide for the joint exercise of any function, service or facility lawfully authorized to each of them if such contracts are approved by the Councils of the Cities; and WHEREAS, the Cities currently operate and maintain the Airport pursuant to that certain Amended and Restated Intergovernmental Agreement for the Joint Operation of the Fort Collins- Loveland Airport dated January 22, 2015 (the “IGA”), which established the Northern Colorado Regional Airport Commission (the “Commission”) as the Airport governance structure; and WHEREAS, in the IGA, the Cities set forth the terms and conditions pursuant to which the Airport will be operated and maintained as the Cities’ joint venture; and WHEREAS, the IGA was amended in 2016 to clarify the authorized powers of the Commission and delegate additional Airport duties and responsibilities to the Commission in order to provide more effective and efficient Airport management and operation, as well as to update the name of the Airport throughout the Agreement (the “First Amendment”); and WHEREAS, Section 2 of the IGA addresses Commission appointments and specifies that the three citizen members of the Commission shall serve four year terms. All three citizen members’ appointments will expire on June 30, 2019; and WHEREAS, the Cities have further determined that a second amendment of the IGA is necessary to revise the terms of the citizen members to stagger the terms such that no more than one appointment expires each year. EXHIBIT A 2 NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows: 1. That Section 2.B. of the IGA is hereby amended to read in full as follows: B. The Commission shall be comprised of seven members as follows: (a) two members shall be appointed by the Loveland City Council which members shall be City of Loveland council members or employees; (b) two members shall be appointed by the Fort Collins City Council which members shall be City of Fort Collins council members or employees; (c) one Citizen Member (defined below) shall be appointed by the Loveland City Council; (d) one Citizen Member (defined below) shall be appointed by the Fort Collins City Council; and (e) one Joint Citizen Member (defined below) shall be appointed by the City Councils upon mutual agreement. A “Citizen Member” is defined as an individual residing within the Growth Management Area (“GMA”) of the City of the appointing City Council, or owning or leasing real property or operating a business within the Airport area of influence as defined in the Airport Master Plan; provided that such member shall not be an employee or city council member of the Cities. The “Joint Citizen Member” is defined as an individual residing within the GMA of either of the Cities, or owning or leasing real property or operating a business within the Airport area of influence as defined in the Airport Master Plan; provided that such member shall not be an employee or city council member of the Cities. Citizen Members shall serve a term of four years at the pleasure of the appointing City Council, subject to removal at any time without cause. The Joint Citizen Member shall serve a term of four years, subject to removal at any time without cause upon the mutual agreement of the City Councils. Effective upon appointment of the Citizen Members and the Joint Citizen Member for the term beginning on or about July 1, 2019: • the Loveland appointed Citizen Member shall serve an initial term of two years with each following term to be four years; • the Fort Collins appointed Citizen Member shall serve an initial term of three years with each of the following terms to be four years; and • the Joint Citizen Member shall serve an initial term of four years with each following term to be four years as set forth above. The purpose of such initial appointments is to create staggered terms for the citizen members such that only one appointment expires each year with one year with no appointments expiring. City Council members and employees of the Cities appointed as members of the Commission shall have no fixed term, but shall be subject to reappointment or removal at the pleasure of the appointing City Council. Appointments to fill vacancies by Citizen Members or the Joint Citizen Member shall be made for the remainder of the term and shall be filled by the appointing City Council, or, in the case of the Joint Citizen Member, by the mutual agreement of the City Councils. 2. That except as amended by this Second Amendment, all other provisions of the IGA shall remain in full force and effect. IN WITNESS HEREOF, this Second Amendment has been executed the day and year first above written. 3 THE CITY OF LOVELAND, COLORADO A Municipal Corporation By: __________________________ City Manager ATTEST: ______________________ City Clerk APPROVED AS TO FORM: ______________________ Assistant City Attorney THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation By: ______________________________ Darin A. Atteberry, City Manager ATTEST: ______________________ City Clerk APPROVED AS TO FORM: ______________________ City Attorney Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY May 21, 2019 City Council STAFF Cassandra Bumgarner, Historic Preservation Planner Brad Yatabe, Legal SUBJECT First Reading of Ordinance No. 072, 2019, Designating the Kamal/Livingston Property, 608 West Laurel Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. EXECUTIVE SUMMARY This item is a quasi-judicial matter and if considered on the discussion agenda, it will be considered in accordance with the procedures described in Section 1(e) of the Council’s Rules of Meeting Procedures adopted in Resolution 2018-034. The purpose of this item is to consider the request for landmark designation of the Kamal/Livingston Property, 608 West Laurel Street, for its early mid-century vernacular architecture with Colonial Revival details. This is a voluntary designation at the property owner’s request. The Landmark Preservation Commission unanimously recommends approving this landmark designation. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The Kamal/Livingston Property is eligible for Fort Collins Landmark Designation under City Code Section 14- 22(a)(3), Design/Construction, as an excellent example of a vernacular, mid-century residence and garage with Colonial Revival details with a preponderance of all seven aspects of integrity. The workmanship of the Colonial Revival details sets the property apart from other vernacular buildings constructed during this period and add to the architectural significance of the property. Beautiful Colonial details on the property include the symmetrical façade with a highly accentuated front door, flanked by two full size windows that mimic the look of sidelights; multi-pane glazing of the windows; and, historic porch railing, visible as far back as the 1950 Larimer County Tax Assessor photo, in the Chinese Chippendale pattern. The Kamal/Livingston Property is a great example of a residence and garage that have beautiful Colonial details while retaining the simple vernacular form. CITY FINANCIAL IMPACTS Recognition of this property as a Fort Collins Landmark enables its owners to qualify for local financial incentive programs available only to Landmark designated properties. BOARD / COMMISSION RECOMMENDATION At its April 17, 2019, regular hearing, the Landmark Preservation Commission unanimously (8-0) adopted a resolution recommending adoption of an ordinance by Council for landmark designation. 8 Packet Pg. 59 Agenda Item 8 Item # 8 Page 2 PUBLIC OUTREACH The Landmark Preservation Commission held a public hearing on this item at its April 17, 2019, meeting. ATTACHMENTS 1. Location Map (PDF) 2. Landmark Preservation Commission Resolution No. 2, 2019 (PDF) 3. Landmark Designation Application (PDF) 8 Packet Pg. 60 W Laurel St S Loomis Ave S Whitcomb St Meridian Ave 608 West Laurel Street © Fort Collins Landmark Designation 1 inch = 82 feet ATTACHMENT 1 8.1 Packet Pg. 61 Attachment: Location Map (7975 : Kamal/Livingston Property Designation) ATTACHMENT 2 8.2 Packet Pg. 62 Attachment: Landmark Preservation Commission Resolution No. 2, 2019 (7975 : Kamal/Livingston Property Designation) 8.2 Packet Pg. 63 Attachment: Landmark Preservation Commission Resolution No. 2, 2019 (7975 : Kamal/Livingston Property Designation) Revised 08-2014 Page 1 Fort Collins Landmark Designation LOCATION INFORMATION: Address: 608 West Laurel Street, Fort Collins, CO 80521 Legal Description: Lot 18, Block 4, West Lawn, Fort Collins Property Name (historic and/or common): Kamal/Livingston Property OWNER INFORMATION: Name: Richard Livingston Company/Organization (if applicable): N/A Phone: (425)-922-2494 Email: Dick_Livingston@msn.com Mailing Address: 608 West Laurel Street, Fort Collins, CO 80521 CLASSIFICATION: Category Ownership Status Present Use Existing Designation Building Public Occupied Commercial Nat’l Register Structure Private Unoccupied Educational State Register Site Religious Object Residential District Entertainment Government Other FORM PREPARED BY: Name and Title: Cassandra Bumgarner, Historic Preservation Planner Address: City of Fort Collins, Historic Preservation Division, P.O. Box 580, Fort Collins, CO 80522 Phone: (970) 416-4250 Email: preservation@fcgov.com DATE: March 20, 2019 Planning, Development & Transportation Services Community Development & Neighborhood Services 281 North College Avenue P.O. Box 580 Fort Collins, CO 80522.0580 ATTACHMENT 3 8.3 Packet Pg. 64 Attachment: Landmark Designation Application (7975 : Kamal/Livingston Property Designation) Revised 08-2014 Page 2 TYPE OF DESIGNATION and BOUNDARIES Individual Landmark Property Landmark District Explanation of Boundaries: The boundaries of the property being designated as a Fort Collins Landmark correspond to the legal description of the property. Historic resources on the property consist of the 1949 residence and 1949 detached, one-car garage. Non-contributing to the designation are the open carport (undated), and two wooden sheds (undated). SIGNIFICANCE and INTEGRITY Properties are eligible for designation if they possess both significance and exterior integrity. Significance is the importance of a site, structure, object or district to the history, architecture, archeology, engineering or culture of our community, State or Nation. For designation as Fort Collins Landmarks or Fort Collins Landmark Districts properties must meet one (1) or more of the following standards: Standard A: Events. This property is associated with events that have made a recognizable contribution to the broad patterns of the history of the community, State or Nation. It is associated with either (or both) of these two (2) types of events: 1. A specific event marking an important moment in Fort Collins prehistory or history; and/or 2. A pattern of events or a historic trend that made a recognizable contribution to the development of the community, State or Nation. Standard B: Persons/Groups. This property is associated with the lives of persons or groups of persons recognizable in the history of the community, State or Nation whose specific contributions to that history can be identified and documented. Standard C: Design/Construction. This property embodies the identifiable characteristics of a type, period or method of construction; represents the work of a craftsman or architect whose work is distinguishable from others by its characteristic style and quality; possesses high artistic values or design concepts; or is part of a recognizable and distinguishable group of properties. Standard D: Information potential. This property has yielded, or may be likely to yield, information important in prehistory or history. Exterior Integrity is the ability of a site, structure, object or district to be able to convey its significance. The exterior integrity of a resource is based on the degree to which it retains all or some of seven (7) aspects or qualities: location, design, setting, materials, workmanship, feeling and association. All seven qualities do not need to be present for a site, structure, object or district to be eligible as long as the overall sense of past time and place is evident. Standard A: Location. This property is located where it was originally constructed or where an historic event occurred. The historic residence and garage have not been moved since construction. Standard B: Design. This property retains a combination of elements that create its historic form, plan space, structure, and style. The residence and garage have not had any additions since construction. The residence and garage both exemplify the simple massing and uncomplicated form of the original design, reflective of trends of Colonial Revival architecture. These buildings retain a very high degree of integrity of design. Standard C: Setting. This property retains a character and relationship with its surroundings that reflect how and where it was originally situated in relation to its surrounding features and open space. This property is located in a historically residential area. While some of the residences have been converted to commercial uses, these are operated out of the original homes. Furthermore, this residence was constructed facing Colorado State University across Laurel Street, which it still does. As for setting of the buildings on the lot, the relationship between the house and garage have been undisturbed by the addition of two sheds and carport at the rear of the lot. These are behind the historic buildings and while there is an impact on the setting of the property, overall the property retains a high degree of integrity of setting. 8.3 Packet Pg. 65 Attachment: Landmark Designation Application (7975 : Kamal/Livingston Property Designation) Revised 08-2014 Page 3 Standard D: Materials. This property retains the historic physical elements that originally formed the property. The property retains much of its original exterior materials, including the garage door, Chinese Chippendale railing, red, Flemish bond brick, and storm and screen windows. The windows have been changed out to vinyl windows and the historic shutters were removed at an unknown date (post-1969). Two panels were removed on the historic porch railing at an unknown date (post-1969) as well. Despite these loses of historic fabric, the home retains overall a high level of integrity of materials. The majority of historic fabric is present in both the garage and residence. Standard E: Workmanship. This property possesses evidence of the crafts of a particular culture or people during any given period in history or prehistory. This consists of evidence of artisans' labor and skill in constructing or altering the building, structure or site. The workmanship of this property is visible in the Colonial Revival details on both the residence and garage. This workmanship sets the property apart from other vernacular buildings constructed during this period and add to the architectural significance of the property. The residence has an elaborate, symmetrical entry way with multi-paned windows flanking a multi-paneled door. Above and below windows and doors are decorative surrounds that add to the decoration of the residence, indictive of the Colonial Revival style. The garage also exhibits examples of workmanship, such as the multi-paned, wood garage door. The Flemish bond brickwork on both the residence and garage additionally add to the high level of workmanship of the property. Overall, the Kamal/Livingston Property retains a very high degree of integrity of workmanship. Standard F: Feeling. This property expresses the aesthetic or historic sense of a particular period or time. This results from the presence of physical features that, taken together, convey the property's historic character. The house retains its original mid-twentieth-century appearance and feeling to a high degree because of its high preponderance of materials, design, and workmanship. Standard G: Association. This property retains an association, or serves as a direct link to, an important historic event or person. It retains association if it is the place where the event or activity occurred and is sufficiently intact to convey that relationship to an observer. Like feeling, association requires the presence of physical features that convey a property's historic character. Because of its high level of integrity of workmanship and design, this property clearly retains its association with middle-class home ownership in the 1950s. STATEMENT OF SIGNIFICANCE and EXTERIOR INTEGRITY The Kamal/Livingston Property is eligible for Fort Collins Landmark Designation under Standard C for being an excellent example of a vernacular, mid-century residence and garage with Colonial Revival details with a preponderance of all seven aspects of integrity. The workmanship of the Colonial Revival details sets the property apart from other vernacular buildings constructed during this period and add to the architectural significance of the property. Beautiful Colonial details on the property include the symmetrical façade with a highly accentuated front door, flanked by two full size windows that mimic the look of sidelights; multi-pane glazing of the windows; and, historic porch railing, visible as far back as the 1950 Larimer County Tax Assessor photo, in the Chinese Chippendale pattern. The Kamal/Livingston Property is a great example of a residence and garage that have beautiful Colonial details while retaining the simple vernacular form. HISTORICAL INFORMATION Caroline E. Mantz created the Westlawn Subdivision, which was platted in 1920.0F 1 In the Title Search, Caroline Mantz acquired what would be Lot 18 of Block 4 on May 28, 1920. This particular lot was sold several times before any buildings were constructed. In March of 1924, Charles L. Preusch acquired the property with the following note attached to the 1 “Post World War I Urban Growth, 1919-1941,” Fort Collins Historic Contexts, Archives at Fort Collins Museum of Discovery, https://history.fcgov.com/contexts/post.php. 8.3 Packet Pg. 66 Attachment: Landmark Designation Application (7975 : Kamal/Livingston Property Designation) Revised 08-2014 Page 4 deed: “This lot is sold for residence purposes only and no dwelling shall be erected thereon that costs less than $2000 when completed, and no part of said dwelling shall be nearer the front line of said lot than 20 feet without written consent of seller.” At the time of this note, the grantor was Caroline Mantz.1F 2 The property continued to exchange hands throughout the 1920s, 30s, and 40s. The Westlawn Addition first appears in the December 1925 – October 1943 Sanborn Maps. At the time of the creation of this map, lot 18 was still vacant. The ownership of lot 18 was combined with lots 19 and 20, which fronted South Whitcomb Street.2F 3 In March of 1948, Morris J. Blake and Eva M. Blake sold the property to Park B. Herrick and Rachel W. Herrick with the same restrictions that Carolina Mantz had set for Charles L. Preusch.3F 4 The building permit for construction of the residence and garage at lot 18, which became 608 West Laurel, was pulled on March 2, 1949 by Olds & Redd Construction Company. The description of proposed work included “brick residence, 2 baths, detached garage, full basement, basement partially finished—one family residence only.”4F 5 In August of 1949, Park and Rachel Herrick got a mortgage for the property. The Herricks were the first owners of the property after the house and garage were constructed. Park Herrick was an agent for Prudential Life Insurance Company. The Herricks sold the property to Ben and Marie Huey in 1960. The Huey family owned the property for three years before selling to Roy and Adele Juhl. While the Juhl family owned the property, they rented the home to Ed C. Chapman, a chief accountant for Colorado State University and his wife Florence, a saleswoman for Randall Shop. After only a year of ownership, the Juhl family sold to Leslie W. Smith in 1964. Smith owned the property for eight years before selling the property to Adel S. Kamal. Adel S. Kamal met Jean Nockels after she moved to Fort Collins in 1962. Jean was working for Catholic Community Services and Colorado State University as a laboratory assistant in Plant Sciences. Jean had a son from a previous marriage, Richard Livingston, who was born in 1946. Adel and Jean married in London in 1967. Adel was an entomology professor who worked for Colorado State University. Later in life, Adel developed Parkinson’s and a cardiac condition. Jean became his primary caretaker until Richard, her son, moved in at the end of 1999 to assist. Adel passed away in 2000 and Jean continued living in the home until her passing in 2016.5F 6 Since Jean’s passing, her son Richard has been the primary occupant and owner of the property. He is seeking landmark designation for the property. 2 Deed Book 481:47, March 27, 1924, County Clerk and Recorder, Fort Collins, CO 3 Sanborn Fire Insurance Map from Fort Collins, Larimer County, Colorado, Sanborn Map Company, 1925-1943, Maps, 4 Deed Book 849:493, March 12, 1948, County Clerk and Recorder, Fort Collins, CO, http://0- sanborn.umi.com.catalog.poudrelibraries.org/splash.html. 5 Building Permit no. B11012, Community Development and Neighborhood Services, Fort Collins, CO, March 2, 1949, http://database.history.fcgov.com/cdm/singleitem/collection/bp/id/11963/rec/1. 6 “In Memory: Jean Nockels Kamal,” December 9, 2016, https://source.colostate.edu/memory-jean-nockels-kamal/. 8.3 Packet Pg. 67 Attachment: Landmark Designation Application (7975 : Kamal/Livingston Property Designation) Revised 08-2014 Page 5 ARCHITECTURAL INFORMATION Construction Date: 1949 Architect/Builder: Olds & Redd Construction Company Building Materials: Brick Architectural Style: Mid-Twentieth Century Vernacular with Colonial Details Description: The lot is narrow and long, typical of many Old Town Fort Collins lots. The house is situated toward the front of the lot with the garage immediately behind the residence. There is a driveway on the west side of the property that goes behind the house. The garage faces west. In line with the driveway is a non-contributing carport. Behind the carport on the rear of the property are two wooden sheds, non-contributing. There is non- historic fencing that separates the back yard from the driveway. The residence at 608 W. Laurel Street is a one-story, brick, rectangular, front gabled, mid- twentieth century vernacular house with colonial details, constructed in 1949. The brick on the entirety of the residence is laid in Flemish bond pattern. The rectangular form is only interrupted by a three-bay window on the west elevation. Around the entire residence is a decorative, wood cornice. All of the windows on the property are vinyl, six-over-six light, and have historic, wood storms unless otherwise noted. Leading from the public sidewalk, there are two concrete walkways that lead to the front of the residence. There is a half- width concrete and brick pad centered on the façade. There is no covering, but the pad acts as a large stoop or uncovered porch. On the street side of the stoop, there is a historic, decorative, Chinese Chippendale railing, which appears in the 1950 Tax Assessor photos. Also on the west side of the entry, there is a metal railing attached to the façade. The white, stucco gable end has a small, half round vent centered on the façade. There are two rows of decorative, wood shingles that line the bottom of the gable end. Centered on the façade is the entry, flanked by two windows. Above both the windows and door are decorative panels that make the entry appear to the be the full height of the façade. Additionally, above the door is a non-historic light fixture. Below the windows are two additional decorative panels and a row of header bond brick. The entry has a storm door that swings out to the right and a wood, multi-paneled front door. There is a concrete path that splits from the front walkway down the east elevation to the back of the residence. The east elevation has three windows and a side entrance. The window closest to the south elevation and window closest to the north elevation are both the same dimensions as the windows on the façade. The decorative panels on this elevation are smaller than the panels on the façade. There is a shorter window between the more southern window and side entry that does not have a panel below it. All of the windows have a single row of header bond brick below them. The side entry has a panel both above and below the storm door. There are two concrete steps leading to side entry. Also on this façade are two basement windows. The basement window to the south has a storm and the basement window to the north has a screen. Both are wooden and the windows are also wooden with three vertical lights. Additionally, they have window wells with metal grates. On the roof, the skylight into the kitchen is visible. The east elevation has a k-style gutter. The rear elevation has three windows, all with panels above and below as well as a row of header bond brick. The window in the middle is slightly shorter and slimmer than the 8.3 Packet Pg. 68 Attachment: Landmark Designation Application (7975 : Kamal/Livingston Property Designation) Revised 08-2014 Page 6 other two. Additionally, this window does not have the original decorative panel below it. Instead, there is a plain piece of painted wood. There is one basement, two vertical light wood window with a wooden screen. The gable end on this elevation is also stucco with a small vent in the top of the gable. There is electrical work that was completed in 2018 on the rear elevation.6F 7 The west elevation has a standard window like on the other elevations with a panel above and below with a single row of header bond brick. There are two basement windows on this elevation as well, which are both three vertical light, wood windows with wood storms. This window also has a window well. The main feature of this elevation is the bay window, which is closer to the façade. Above and below the windows of the bay are decorative panels. The two side windows are six-over-six light, but the middle window is fixed and has a five by four pattern. This elevation also has k-style gutters. Behind the residence is a historic, front gable, one car garage. The garage door faces to the west. The garage has matching stucco ends to the residence with Flemish bond patterned brick. The west elevation has a rounded window in the gable end. The garage door is a six by four paneled wooden door. The two panels in the center of the top row have some glass. On the south elevation of the garage, there is a single door, which has glass in the top portion and then three horizontal panels on the bottom. The south elevation also has k-style gutters. The north elevation of the garage has a single, wood six-over-six window. There are no panels above or below this window, but it does have a single row of header brick below the window. On the north elevation, there is a single, boxed skylight. There are three non-contributing buildings on the rear of the property. There is a wooden carport, open on three sides. There is hard plastic roofing that connects the carport to one of the wooden sheds. This shed has a door that faces south and has a gambrel roof. The other non-contributing building is a shed immediately to the east. This front gable shed also has a single door that faces south. 7 Building Permit no. B1804717, Community Development and Neighborhood Services, Fort Collins, CO, June 21, 2018, http://citydocs.fcgov.com/?cmd=convert&vid=2&docid=3218188&dt=PERMITS. 8.3 Packet Pg. 69 Attachment: Landmark Designation Application (7975 : Kamal/Livingston Property Designation) Revised 08-2014 Page 7 REFERENCE LIST or SOURCES of INFORMATION (attach a separate sheet if needed) Deed Books. Larimer County Court House. Fort Collins, CO. Fort Collins History Connection. Fort Collins Museum of Discovery and Poudre River Public Library District. Fort Collins, CO. https://history.fcgov.com/. Local History Archive. Fort Collins Museum of Discovery. Fort Collins, CO. Sanborn Fire Insurance Map from Fort Collins, Larimer County, Colorado. Sanborn Map Company, 1925-1943. Maps. http://0- sanborn.umi.com.catalog.poudrelibraries.org/splash.html. 8.3 Packet Pg. 70 Attachment: Landmark Designation Application (7975 : Kamal/Livingston Property Designation) Revised 08-2014 Page 8 MAPS and PHOTOGRAPHS Map 1: 608 W Laurel outlined in red. 8.3 Packet Pg. 71 Attachment: Landmark Designation Application (7975 : Kamal/Livingston Property Designation) Revised 08-2014 Page 9 Photo 1: Tax Assessor Photograph, 1950 Photo 2: Tax Assessor Photograph, 1969 8.3 Packet Pg. 72 Attachment: Landmark Designation Application (7975 : Kamal/Livingston Property Designation) Revised 08-2014 Page 10 Photo 3: Historic Residence, Façade, South Elevation. Photo 4: Historic Residence, East Elevation 8.3 Packet Pg. 73 Attachment: Landmark Designation Application (7975 : Kamal/Livingston Property Designation) Revised 08-2014 Page 11 Photo 5: Historic Residence, North Elevation Photo 6: Historic Residence, Northwest Elevation 8.3 Packet Pg. 74 Attachment: Landmark Designation Application (7975 : Kamal/Livingston Property Designation) Revised 08-2014 Page 12 Photo 7: Historic Residence, Southwest Elevation Photo 8: Historic Garage, Southwest Elevation 8.3 Packet Pg. 75 Attachment: Landmark Designation Application (7975 : Kamal/Livingston Property Designation) Revised 08-2014 Page 13 Photo 9: Historic Garage, South Elevation Photo 10: Historic Garage, North Elevation 8.3 Packet Pg. 76 Attachment: Landmark Designation Application (7975 : Kamal/Livingston Property Designation) Revised 08-2014 Page 14 Photo 11: Non-contributing carport and two sheds Photo 12: Historic Residence, Façade, South Elevation 8.3 Packet Pg. 77 Attachment: Landmark Designation Application (7975 : Kamal/Livingston Property Designation) AGREEMENT The local undersigned historic landmark owner(s) designation, hereby agrees pursuant that the to property the Fort described Collins herein Landmark be considered Preservation for Ordinance, Chapter 14 of the Code of the City of Fort Collins. theof I understand Landmark that Preservation upon designation, Commission I or my at successors the City of Fort will be Collins requested prior to to the notify occurrence the Secretary of any of the following: property, Preparation or; of plans for reconstruction or alteration of the exterior of the improvements on the Preparation of plans for construction of, addition to, or demolition of improvements on the property DATED this I I tv\ day of __ � __ r_· 1 ...... \ ______ , 201...:t_. {!__,c_ M,4/ L iv,#9 �h.. oWnerName (please print) State of Co\ Of Qd_() ) )ss. County of L QJr \ � ) Subscribed and sworn before me this \ l 'tY\ day of _� __ r _,· \ ___ , 201_:l_, Witness my hand and official seal. My commission expires----------- Revised 08-2014 Notary KIANA SADE CARTER Notary Public State of Colorado Notary ID# 20144039424 Mv Commission Exoires 03-07-2023 Page 16 8.3 Packet Pg. 78 Attachment: Landmark Designation Application (7975 : Kamal/Livingston Property Designation) -1- ORDINANCE NO. 072, 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS DESIGNATING THE KAMAL/LIVINGSTON PROPERTY, 608 WEST LAUREL STREET, FORT COLLINS, COLORADO, AS A FORT COLLINS LANDMARK PURSUANT TO CHAPTER 14 OF THE CODE OF THE CITY OF FORT COLLINS WHEREAS, pursuant to City Code Section 14-1, the City Council has established a public policy encouraging the protection, enhancement and perpetuation of historic landmarks within the City; and WHEREAS, by resolution adopted on April 17, 2019, the Landmark Preservation Commission (the “Commission”) determined that the Kamal/Livingston Property at 608 West Laurel Street in Fort Collins, as more specifically described in the legal description below (the “Property”), is eligible for landmark designation pursuant to City Code Chapter 14, Article II, for the buildings’ high degree of integrity, and for its significance to Fort Collins under City Code Section 14-22(a)(3), Design/Construction, for the Property’s representation as a great example of a mid-century vernacular property with Colonial Revival details; and WHEREAS, the Commission further determined that designation of the Property will advance the policies and purposes set forth in City Code Sections 14-1 and 14-2 in a manner and extent sufficient to justify designation; and WHEREAS, the Commission recommends that the City Council designate the Property as a Fort Collins landmark; and WHEREAS, the owners of the Property have consented to such landmark designation and desire to protect the Property; and WHEREAS, such landmark designation will preserve the Property’s significance to the community; and WHEREAS, the City Council has reviewed the recommendation of the Commission and desires to follow such recommendation and designate the Property as a landmark; and WHEREAS, designation of the Property as a landmark is necessary for the prosperity, civic pride, and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the Property located in the City of Fort Collins, Larimer County, Colorado, described as follows, to wit: Packet Pg. 79 -2- LOT 18, BLOCK 4, WEST LAWN, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO be designated as a Fort Collins Landmark in accordance with City Code Chapter 14. Section 3. That alterations, additions and other changes to the buildings and structures located upon the Property will be reviewed for compliance with City Code Chapter 14, Article IV, as currently enacted or hereafter amended. Introduced, considered favorably on first reading, and ordered published this 21st day of May, A.D. 2019, and to be presented for final passage on the 4th day of June, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ Chief Deputy City Clerk Passed and adopted on final reading on the 4th day of June, A.D. 2019. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Packet Pg. 80 Agenda Item 9 Item # 9 Page 1 AGENDA ITEM SUMMARY May 21, 2019 City Council STAFF Karen McWilliams, Historic Preservation Planner Brad Yatabe, Legal SUBJECT First Reading of Ordinance No. 073, 2019, Designating the Alfred Parker Duplexes I and II, 221-229 West Mulberry Street, Fort Collins, Colorado, as a Fort Collins Landmark Pursuant to Chapter 14 of the Code of the City of Fort Collins. EXECUTIVE SUMMARY This item is a quasi-judicial matter and if considered on the discussion agenda, it will be considered in accordance with the procedures described in Section 1(e) of the Council’s Rules of Meeting Procedures adopted in Resolution 2018-034. The purpose of this item is to consider the request for landmark designation of the Alfred Parker Duplexes I and II, 221-229 West Mulberry Street, as rare examples of twin American Foursquare duplex architecture. This is a voluntary designation at the property owner’s request. The Landmark Preservation Commission unanimously recommends approving this landmark designation. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The Alfred Parker Duplexes I and II are significant to Fort Collins for their architecture and demonstrate a high level of all seven aspects of integrity. The two buildings are rare examples of twin duplexes, each having been constructed as a two-story side-by-side duplex with a mirrored design to accommodate the duplex form. The Alfred Parker Duplexes are also notable for their excellent representation of the American Foursquare architectural style, as well as their outstanding workmanship, strength of design, and clear association with each other. CITY FINANCIAL IMPACTS Recognition of these properties as a Fort Collins Landmark enables its owners to qualify for financial incentive programs available only for designated properties. BOARD / COMMISSION RECOMMENDATION At its April 17, 2019, regular hearing, the Landmark Preservation Commission unanimously (8-0, Murray absent) adopted a resolution recommending adoption of an ordinance by Council for landmark designation. 9 Packet Pg. 81 Agenda Item 9 Item # 9 Page 2 PUBLIC OUTREACH The Landmark Preservation Commission held a public hearing on this item at its April 17, 2019, meeting. ATTACHMENTS 1. Location Map (PDF) 2. Landmark Preservation Commission Resolution No. 3, 2019 (PDF) 3. Staff Report to Landmark Preservation Commission, April 17, 2019 (PDF) 4. Photos (PDF) 9 Packet Pg. 82 1 inch = 97 feet 221-223 Landmark and 227-Designation 229 W Mulberry © 227-DuplexMulberry 229 1 W W2 MULBERRY ST 221-DuplexMulberry 223 W S HOWES ST ATTACHMENT 1 9.1 Packet Pg. 83 Attachment: Location Map (7982 : Alfred Parker Duplexes Landmark Designation) ATTACHMENT 2 9.2 Packet Pg. 84 Attachment: Landmark Preservation Commission Resolution No. 3, 2019 (7982 : Alfred Parker Duplexes Landmark Designation) 9.2 Packet Pg. 85 Attachment: Landmark Preservation Commission Resolution No. 3, 2019 (7982 : Alfred Parker Duplexes Landmark Designation) Agenda Item 3 Item 3, Page 1 STAFF REPORT April 17, 2019 Landmark Preservation Commission PROJECT NAME ALFRED PARKER DUPLEX I, 227-229 WEST MULBERRY STREET AND ALFRED PARKER DUPLEX II, 221- 223 WEST MULBERRY STREET, FORT COLLINS - APPLICATION FOR FORT COLLINS LANDMARK DESIGNATION STAFF Reyana Jones, Historic Preservation Specialist Karen McWilliams, Historic Preservation Manager PROJECT INFORMATION PROJECT DESCRIPTION: This item is to consider the request for a recommendation to City Council regarding landmark designation for the Alfred Parker Duplexes I and II. APPLICANT: 223 W Mulberry LLC; 227 W MULBERRY LLC; 229 W MULBERRY LLC RECOMMENDATION: Approval of a Motion to Council Recommending Landmark Designation COMMISSION’S ROLE AND ACTION: One of the Commission’s responsibilities is to provide a recommendation to City Council on applications for the designation of a property as a Fort Collins Landmark. Chapter 14 of the Municipal Code provides the standards and process for designation. At the hearing, the Commission shall determine whether the following two (2) criteria are satisfied: (1) the proposed resource is eligible for designation; and (2) the requested designation will advance the policies and the purposes in a manner and extent sufficient to justify the requested designation. Following its review, and once the Commission feels it has the information it needs, the Commission should adopt a motion providing its recommendation on the property’s Landmark eligibility to City Council. SUMMARY STATEMENT OF SIGNIFICANCE and EXTERIOR INTEGRITY Staff has determined that the two Alfred Parker Duplexes, located at 221-223 West Mulberry Street (Duplex II) and 227-229 West Mulberry Street (Duplex I), are eligible for Fort Collins Landmark designation, having significance under Standard C: Architecture and demonstrating all seven aspects of integrity. The Alfred Parker Duplexes are rare examples of American Foursquare duplexes. The buildings, each built as a two-story side-by-side duplex, exhibit the American Foursquare’s characteristic, mirrored to accommodate the duplex form. Both duplexes retain integrity of all seven aspects to convey their significance, and are notable for their excellent workmanship, strength of design, and clear association with each other. SUMMARY OF ARCHITECTURE AND HISTORY Popular during the end of the nineteenth century and the first several decades of the twentieth century, the American Foursquare design was a reaction against Victorian architectural styles. Victorian architecture tended to be highly ATTACHMENT 3 9.3 Packet Pg. 86 Attachment: Staff Report to Landmark Preservation Commission, April 17, 2019 (7982 : Alfred Parker Duplexes Landmark Designation) Agenda Item 3 Item 3, Page 2 decorated, featured classical elements, and emphasized privacy. Foursquare dwellings tended to be quietly decorated, featured geometric or abstract elements, and shifted emphasis to private space through the incorporation of large porches. The compact mass accommodated narrow suburban lots and lent itself to versatility. The Alfred Parker Duplexes embody this building type through their geometric rather than classical columns, narrow, vertical paned windows, prominent twin front and rear porches, and their compact two-story construction. The adaptation of this building type to a multi-family, duplex form exemplifies the American Foursquare’s suitability to suburban areas and versatility. Although often attributed to Fort Collins architect Montezuma Fuller, no primary source evidence has been found to verify this assertion. According to newspaper real estate records, Alfred Parker bought the land where the duplexes now stand in the spring of 1907, with plans to construct a “fine modern, two-story apartment house on the vacant corner.” Work began on the first duplex, at 227-229 West Mulberry in late June 1907. The second duplex building, at 221-223 West Mulberry, was constructed in 1908. Throughout their history, the owners of these units included a number of notable Fort Collins families, including Helen Gilpin-Brown, widow of pioneer Livermore rancher Charles Gilpin-Brown; Mrs. Georgia Aylesworth, wife of former Colorado Agricultural College president Barton Orville Aylesworth; and Alvin Steinel, author of the 1926 publication History of Agriculture in Colorado. STAFF EVALUATION OF REVIEW CRITERIA Standards of Significance: Significance is the importance of a site, structure, object or district to the history, architecture, archeology, engineering or culture of our community, State or Nation. For designation as Fort Collins Landmarks or Fort Collins Landmark Districts properties must meet one (1) or more of the following standards: MET ? Standard A: Events The resource is associated with events that have made a recognizable contribution to the broad patterns of the history of the community, State or Nation. A resource can be associated with either or both of two (2) types of events: 1. A specific event marking an important moment in Fort Collins prehistory or history; and/or 2. A pattern of events or a historic trend that made a recognizable contribution to the development of the community, State or Nation. N/A Standard B: Persons/ Groups The resource is associated with the lives of persons or groups of persons recognizable in the history of the community, State or Nation whose specific contributions to that history can be identified and documented. N/A 9.3 Packet Pg. 87 Attachment: Staff Report to Landmark Preservation Commission, April 17, 2019 (7982 : Alfred Parker Duplexes Landmark Designation) Agenda Item 3 Item 3, Page 3 Standard C: Design/ Construction The resource embodies the identifiable characteristics of a type, period or method of construction; represents the work of a craftsman or architect whose work is distinguishable from others by its characteristic style and quality; possesses high artistic values or design concepts; or is part of a recognizable and distinguishable group of resources. The resource may be significant not only for the way it was originally constructed or crafted, but also for the way it was adapted at a later period, or for the way it illustrates changing tastes, attitudes, and/or uses over time. The Alfred Parker Duplexes I and II are significant under Standard C, Architecture, as rare examples of American Foursquare duplexes. These properties retain the Foursquare’s characteristic hipped roof, central hipped dormer, prominent porch, and large windows, mirrored to accommodate the duplex form. Yes Standard D: Information potential The resource has yielded, or may be likely to yield, information important in prehistory or history. N/A Standards of Integrity Integrity is the ability of a site, structure, object or district to be able to convey its significance. The integrity of a resource is based on the degree to which it retains all or some of seven (7) aspects or qualities established by the U.S. Department of the Interior, National Park Service: location, design, setting, materials, workmanship, feeling and association. All seven qualities do not need to be present for a site, structure, object or district to be eligible as long as the overall sense of past time and place is evident. MET ? Standard A: Location Location is the place where the resource was constructed or the place where the historic or prehistoric event occurred. The Alfred Parker Duplexes I and II remain at their original locations. YES Standard B: Design Design is the combination of elements that create the form, plan space, structure and style of a resource. These buildings are excellent examples of a duplex variant of the American Foursquare design. The design features a hipped roof, central hipped dormer, twin front and rear porches, two-story bays, and large windows. The buildings retain their overall integrity of design to a notably high degree. Minor changes include concrete stairs and porch decks on both duplexes. On Duplex I (227-229 W. Mulberry), utility conduit runs down the façade; the mud porch fenestration has been altered; and a section of the porch rail on the west front porch has been removed, with concrete step providing access to a small concrete side patio enclosed in black metal fencing. YES 9.3 Packet Pg. 88 Attachment: Staff Report to Landmark Preservation Commission, April 17, 2019 (7982 : Alfred Parker Duplexes Landmark Designation) Agenda Item 3 Item 3, Page 4 Standard C: Setting Setting is the physical environment of a resource. Setting refers to the character of the place; it involves how, not just where, the resource is situated and its relationship to the surrounding features and open space. While the setting of these duplexes has changed somewhat since their construction, the Alfred Parker Duplexes I and II retain overall integrity of setting. On the properties themselves, two original single bay garages, constructed in 1927, were demolished. The surrounding area was residential in the early twentieth century. Most of these historic one- and two-story buildings still remain, helping to maintain the area’s residential character. However, the area is transitioning to commercial and multi-family. The buildings across Mulberry Street are commercial, and to the north-west is a tall, multi-level apartment complex. YES Standard D: Materials Materials are the physical elements that form a resource. Although some materials have been replaced on both buildings, the Alfred Parker Duplexes I and II retain a high degree of integrity of materials. Duplex I (227-229 W. Mulberry) retains most of its original material, including most windows and storms. These include leaded glass windows, such as an oculus window and the multi-light dormer window. Duplex I’s front porch materials are original, but the decorative wood rail on the west side of the west porch has been removed. The fenestration and some of the material on the rear elevation mud porches have been altered. Duplex II (221-223 W. Mulberry) similarly has a high degree of integrity of materials. All of the decorative wood railings on the two front porches visible in the 1968 tax assessor photo, remain. Although Duplex II has lost some of its leaded glass, it retains leaded glass in its oculus window and in its multi-light dormer window. Some of the sash windows and storms have been replaced within the original openings. YES Standard E: Workmanship Workmanship is the physical evidence of the crafts of a particular culture or people during any given period in history or prehistory. It is the evidence of artisans' labor and skill in constructing or altering a building, structure or site. These two properties feature excellent integrity of workmanship. This is evident in the brick details around many windows, including brick window toppers with raised center bricks that create depth, as well as brick voussoirs surrounding the oculus windows. There are several examples of leaded glass as well, including the many narrow-panes in the multi-light window in each dormer and another leaded glass pattern resembling a flower on the outside oculus windows. The roofs have exposed rafter ends on the main portions of the buildings as well as on the front porches. The starburst appearance of the wooden porch balustrade gives the brick porches further interest. YES 9.3 Packet Pg. 89 Attachment: Staff Report to Landmark Preservation Commission, April 17, 2019 (7982 : Alfred Parker Duplexes Landmark Designation) Agenda Item 3 Item 3, Page 5 Standard F: Feeling Feeling is a resource’s expression of the aesthetic or historic sense of a particular period or time. It results from the presence of physical features that, taken together, convey the resource's historic or prehistoric character. Because of their strong retention of design these properties continue to feel like upper-middle class residences from the early twentieth century. Their foursquare building type and decorative brickwork convey this historic character; these qualities are immediately apparent to the viewer. Directly adjacent to each other and mirroring one another, these duplexes further reflect the context of their construction. YES Standard G: Association Association is the direct link between an important event or person and a historic or prehistoric resource. A resource retains association if it is the place where the event or activity occurred and is sufficiently intact to convey that relationship to an observer. Like feeling, association requires the presence of physical features that convey a property's historic character. Because of their integrity of workmanship and design, these properties retain their association with their early twentieth century upper-class residents as well as their original owner, Alfred Parker, a wealthy Fort Collins rancher known for his prize-winning stock of horses and skilled horsemanship. YES Policy (a) It is hereby declared as a matter of public policy that the protection, enhancement and perpetuation of sites, structures, objects and districts of historical, architectural, archeological, or geographic significance, located within the City, are a public necessity and are required in the interest of the prosperity, civic pride and general welfare of the people. The designation of the Alfred Parker Duplexes I and II promote the policies adopted by Council specifically by protecting, enhancing and perpetuating significant resources in the City through the protection, recognition and incentives offered landmarked resources. YES Policy (b) It is the opinion of the City Council that the economic, cultural and aesthetic standing of this City cannot be maintained or enhanced by disregarding the historical, architectural, archeological, and geographical heritage of the City and by ignoring the destruction or defacement of such cultural assets. Designation of the Alfred Parker Duplexes I and II will promote the City’s economic standing directly, through property, use and sales taxes and revenue; and indirectly through the promotion of heritage tourism. The City’s cultural standing is promoted by residents and visitors better understanding our history and the people who shaped it. The City’s aesthetics are promoted through the protection and recognition of an interesting and notable example of American Foursquare architecture, rendered as twin mirrored duplexes. YES 9.3 Packet Pg. 90 Attachment: Staff Report to Landmark Preservation Commission, April 17, 2019 (7982 : Alfred Parker Duplexes Landmark Designation) Agenda Item 3 Item 3, Page 6 Purpose (a): Survey, identify, designated, preserve, protect, enhance and perpetuate those sites, structures, objects and districts which reflect important elements of the city’s cultural, artistic, social, political, architectural, archeological, or other heritage; Designation of the Alfred Parker Duplexes I and II meets Purpose (a) by designating, preserving, protecting, enhancing and perpetuating these important resources. YES Purpose (b): Foster civic pride in the beauty and accomplishments of the past; This request meets Purpose (b) by fostering civic pride in the beauty and accomplishments of the past. YES Purpose (c): Stabilize or improve aesthetic and economic vitality and values of such sites, structures, objects and districts; This request meets Purpose (c) by improving aesthetic and economic vitality and values. YES Purpose (d): Protect and enhance the City's attraction to tourists and visitors; This request meets Purpose (d) by protecting and enhancing the City's attraction to tourists and visitors. YES Purpose (e): Promote the use of important historical, archeological, or architectural sites, structures, objects and districts for the education, stimulation and welfare of the people of the City; This request meets Purpose (e) by promoting the use of these important architectural resources for the education, stimulation and welfare of the people of the City. YES Purpose (f): Promote good urban design; This request meets Purpose (f) by promoting good urban design through the retention of neighborhood character and for the resources’ unusual and interesting architecture and design. YES Purpose (g): Promote and encourage continued private ownership and utilization of such sites, structures, objects or districts now so owned and used, to the extent that the objectives listed above can be attained under such a policy; This meets Purpose (g) by continuing the private ownership and utilization of these resources. YES 9.3 Packet Pg. 91 Attachment: Staff Report to Landmark Preservation Commission, April 17, 2019 (7982 : Alfred Parker Duplexes Landmark Designation) Agenda Item 3 Item 3, Page 7 Purpose (h): Promote economic, social and environmental sustainability through the ongoing survey and inventory, use, maintenance, and rehabilitation of existing buildings. This meets Purpose (h) by promoting economic sustainability through the taxes and revenue generated and the use of financial incentive programs; environmental sustainability through the continued use of the resource, preserving embodied energy and existing materials, and using the buildings’ inherently energy efficient qualities; and social sustainability through peoples’ ability to tangibly experience history and architecture and through the preservation of a transitional residential neighborhood feel. YES FINDINGS OF FACT AND RECOMMENDATION FINDINGS OF FACT: In evaluating the request for a recommendation to City Council regarding landmark designation for the Alfred Parker Duplexes I and II, staff makes the following findings of fact: 1. That all owners of the Alfred Parker Duplexes I and II have consented in writing to this request for Fort Collins Landmark designation of the properties; 2. That the Alfred Parker Duplexes I and II have significance to Fort Collins under Criterion C, Architecture, as supported by the analysis provided in this staff report; 3. That Alfred Parker Duplexes I and II have integrity of location, design, setting, materials, workmanship, feeling and association to convey its significance as supported by the analysis provided in this staff report; 4. That the designation will advance the policies and purposes stated in the code in a manner and extent sufficient to justify the requested designation, as supported by the analysis provided in this staff report. RECOMMENDATION: Staff recommends that the Commission adopt a motion to Council recommending the landmark designation of the Alfred Parker Duplexes I and II. SAMPLE MOTIONS SAMPLE MOTION FOR APPROVAL: I move that the Landmark Preservation Commission recommend that City Council adopt an ordinance to designate the Alfred Parker Duplex I, 227-229 West Mulberry Street, and the Alfred Parker Duplex II, 221-223 West Mulberry Street, as Fort Collins Landmarks, finding that these resources are eligible for their significance to Fort Collins under Standard C, Architecture, as rare examples of American Foursquare duplexes, and that they clearly convey this significance through their high degree of all seven aspects of integrity; and finding also that the designation of these properties will promote the policies and purposes of the City as specified in Chapter 14 of the Municipal Code. SAMPLE MOTION FOR DENIAL: I move that the Landmark Preservation Commission recommend that City Council does not adopt an ordinance to designate the Alfred Parker Duplexes I, 227-229 West Mulberry Street, and the Alfred Parker Duplex II, 221-223 West Mulberry Street, as Fort Collins Landmarks, finding that XXXXX. ATTACHMENTS 1. Landmark Designation Application 2. Staff Presentation 3. Location Map 9.3 Packet Pg. 92 Attachment: Staff Report to Landmark Preservation Commission, April 17, 2019 (7982 : Alfred Parker Duplexes Landmark Designation) 1 Application for Fort Collins Landmark Designation – Alfred Parker Duplexes I and II Yani Jones, Historic Preservation Intern Landmark Preservation Commission 4.17.2019 ATTACHMENT 4 9.4 Packet Pg. 93 Attachment: Photos (7982 : Alfred Parker Duplexes Landmark Designation) Location and Context 2 221-229 W. Mulberry St.- Alfred Parker Duplexes I and II Duplex II, Constructed 1908, Photo 1948 Duplex II, Photo 1968 Duplex I, Constructed 1907, Photo 1948 Duplex I, Photo 1968 Sanborn Map 1909 (first appearance) 9.4 Packet Pg. 94 Attachment: Photos (7982 : Alfred Parker Duplexes Landmark Designation) East/West Elevation 3 221-229 W. Mulberry St.- Alfred Parker Duplexes I and II Duplex I East Elevation Duplex II West Elevation 9.4 Packet Pg. 95 Attachment: Photos (7982 : Alfred Parker Duplexes Landmark Designation) Façade, North Elevation 4 221-229 W. Mulberry St.- Alfred Parker Duplexes I and II Duplex I (West Porch) Duplex I (East Porch) 9.4 Packet Pg. 96 Attachment: Photos (7982 : Alfred Parker Duplexes Landmark Designation) South Elevation 5 221-229 W. Mulberry St.- Alfred Parker Duplexes I and II Duplex I Duplex II 9.4 Packet Pg. 97 Attachment: Photos (7982 : Alfred Parker Duplexes Landmark Designation) Façade, North Elevation 6 221-229 W. Mulberry St.- Alfred Parker Duplexes I and II Duplex I Duplex II 9.4 Packet Pg. 98 Attachment: Photos (7982 : Alfred Parker Duplexes Landmark Designation) Façade, North Elevation 7 221-229 W. Mulberry St.- Alfred Parker Duplexes I and II Duplex I Duplex II 9.4 Packet Pg. 99 Attachment: Photos (7982 : Alfred Parker Duplexes Landmark Designation) West/East Elevation 8 221-229 W. Mulberry St.- Alfred Parker Duplexes I and II Duplex I West Elevation Duplex II East Elevation 9.4 Packet Pg. 100 Attachment: Photos (7982 : Alfred Parker Duplexes Landmark Designation) Additional Photos- Patio (Duplex I) 9 221-229 W. Mulberry St.- Alfred Parker Duplexes I and II Area Around Patio Porch Access to Patio Patio Stair to Porch (Wood Railing Removed) 9.4 Packet Pg. 101 Attachment: Photos (7982 : Alfred Parker Duplexes Landmark Designation) -1- ORDINANCE NO. 073, 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS DESIGNATING THE ALFRED PARKER DUPLEXES I AND II, 221-229 WEST MULBERRY STREET, FORT COLLINS, COLORADO, AS A FORT COLLINS LANDMARK PURSUANT TO CHAPTER 14 OF THE CODE OF THE CITY OF FORT COLLINS WHEREAS, pursuant to City Code Section 14-1, the City Council has established a public policy encouraging the protection, enhancement and perpetuation of historic landmarks within the City; and WHEREAS, by resolution adopted on April 17, 2019, the Landmark Preservation Commission (the “Commission”) determined that the Alfred Parker Duplexes I and II at 221- 229 West Mulberry Street in Fort Collins, as more specifically described in the legal description below (the “Property”), are eligible for landmark designation pursuant to City Code Chapter 14, Article II, for the buildings’ high degree of integrity, and for their significance to Fort Collins under City Code Section 14-22(a)(3), Design/Construction, for the Property’s representation as a rare example of twin American Foursquare style duplexes; and WHEREAS, the Commission further determined that designation of the Property will advance the policies and purposes set forth in City Code Sections 14-1 and 14-2 in a manner and extent sufficient to justify designation; and WHEREAS, the Commission recommends that the City Council designate the Property as a Fort Collins landmark; and WHEREAS, the owners of the Property have consented to such landmark designation and desire to protect the Property; and WHEREAS, such landmark designation will preserve the Property’s significance to the community; and WHEREAS, the City Council has reviewed the recommendation of the Commission and desires to follow such recommendation and designate the Property as a landmark; and WHEREAS, designation of the Property as a landmark is necessary for the prosperity, civic pride, and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the Property located in the City of Fort Collins, Larimer County, Colorado, described as follows, to wit: Packet Pg. 102 -2- A PORTION OF LOTS 9 AND 10, BLOCK 105, HARRISON’S ADDITION TO THE CITY OF FORT COLLINS, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 72.5 FEET EAST OF THE NORTHWEST CORNER OF LOT 9, IN SAID BLOCK 105, THENCE EAST 77.5 FEET; THENCE SOUTH 60 FEET; THENCE WEST 77.5 FEET; THENCE NORTH 60 FEET; TO THE POINT OF BEGINNING, ALSO KNOWN BY STREET AND NUMBERS AS 221-223 WEST MULBERRY STREET; AND THAT PORTION OF LOTS 9 AND 10, BLOCK 105, HARRISON’S ADDITION TO THE CITY OF FORT COLLINS, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 36 FEET EAST OF THE NORTHWEST CORNER OF SAID LOT 9, THENCE SOUTH 60 FEET; THENCE EAST 36.5 FEET; THENCE NORTH 60 FEET; THENCE WEST 36.5 FEET; TO THE POINT OF BEGINNING, ALSO KNOWN BY STREET AND NUMBER AS 227 WEST MULBERRY STREET; AND THAT PORTION OF LOTS 9 AND 10, BLOCK 105, HARRISON’S ADDITION TO THE CITY OF FORT COLLINS, DESCRIBED AS FOLLOWS: THE WEST 36 FEET OF LOT 9 AND THE WEST 36 FEET OF THE NORTH 10 FEET OF LOT 10, BLOCK 105, ALSO KNOWN BY STREET AND NUMBER AS 229 WEST MULBERRY STREET, CITY OF FORT COLLINS, COUNTY OF LARIMER, STATE OF COLORADO be designated as a Fort Collins Landmark in accordance with City Code Chapter 14. Section 3. That alterations, additions and other changes to the buildings and structures located upon the Property will be reviewed for compliance with City Code Chapter 14, Article IV, as currently enacted or hereafter amended. Introduced, considered favorably on first reading, and ordered published this 21st day of May, A.D. 2019, and to be presented for final passage on the 4th day of June, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ Chief Deputy City Clerk Packet Pg. 103 -3- Passed and adopted on final reading on the 4th day of June, A.D. 2019. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Packet Pg. 104 Agenda Item 10 Item # 10 Page 1 AGENDA ITEM SUMMARY May 21, 2019 City Council STAFF Tyler Marr, Senior Project Manager Cyril Vidergar, Legal SUBJECT Resolution 2019-060 Authorizing the City Manager to Sign a Master Lease Agreement with Smartlink for AT&T Small Wireless Communication Equipment Attachments on City Facilities in Public Rights of Way EXECUTIVE SUMMARY The purpose of this item is to authorize the City Manager to enter into a Master License Agreement with Smartlink, working on behalf of AT&T, concerning the use of the City's infrastructure and rights-of-way for small cellular equipment and associated uses. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION State and federal laws and regulations concerning deployment of small wireless facilities (SWF), also known as small cell equipment, have changed rapidly since 2016, including regulatory orders issued by the Federal Communication Commission (FCC) in September 2018, which became effective on January 14, 2019. In response to changes in Colorado law passed in 2017, which granted small cell carriers statewide access to public rights-of-way, City Council adopted amendments to the City Code and Land Use Code specific to small wireless communication equipment. Those amendments create a specific type of right-of-way encroachment permit and outline the City’s basic regulations for small cell installations and associated requirements. One requirement in the City Code for small cell carriers is that they enter into a master license agreement with the City, as the owner of the majority of infrastructure within public rights-of-way, at the time of submitting applications for new attachments or installations. New Cingular Wireless LLC, d/b/a Smartlink, (Smartlink) working on behalf of AT&T, approached the City in 2019 seeking a master license agreement (MLA) to create a network of SWFs within the City. Smartlink and the City of Fort Collins, thereafter, began negotiating a MLA based on the previously approved agreement with Verizon Wireless (Resolution 2019-017). Through multiple iterations seeking to ensure consistency with prior agreements and stated Council priorities and goals, agreement was reached between the parties in early May 2019. Staff from the City Manager’s Office, Engineering, Planning, and Utility Services departments negotiated with Smartlink pursuant to principles expressed by Council in deliberations about the City Code amendments specific to SWFs. The proposed MLA grants Smartlink/AT&T access for twenty years to municipal facilities in public rights-of-way, including light poles, under certain conditions, and establishes criteria for replacement of municipal facilities to support AT&T’s network. 10 Packet Pg. 105 Agenda Item 10 Item # 10 Page 2 Some key considerations within the MLA, based on Council and community concerns, are as follows: Height • Per the FCC order that went into effect January 2019, installations must be considered SWFs if their height is no more than 50 feet or 10% taller than adjacent structures, whichever is greater. This was a concern of staff and through discussions with carriers, the following criteria were set forth in the City’s form MLA and are consistent in this document: o Siting preference is given to arterial streets first, followed by collector streets, and finally on residential streets to minimize impacts to neighborhoods. o Additional order of preference requires Smartlink to attach to/replace existing poles before seeking to install a new stand-alone pole. o The MLA allows for a maximum height of 45 feet for pole replacements or new poles, with limited exceptions. This number was reached in compromise in previous negotiations with carriers. Smartlink has indicated that none of their proposed sites currently come into conflict with this provision. Notice to nearby Properties • During adoption of the City Code SWF amendments, Council made clear it wanted some level of notice to be provided to nearby properties when small cells were being installed. • In the MLA with Smartlink, properties within a 175 foot radius will receive notice that installation of a SWF is occurring. It should be noted that residents have limited recourse to dispute or appeal the installation under state and federal law but Smartlink is required to include a contact number and a description of the work to be performed. • Notice will occur for “construction work,” though is not required for routine maintenance or for upgrading of existing equipment such as antennae. Aesthetics • In order to help mitigate negative effects of unsightly equipment or poles, the following design standards are also included in the MLA: o Camouflaging and architectural compatibility standards o Requirement to minimize height and internalize as many components as possible o Consideration to proximity to residential properties and more specifically to 1st and 2nd story windows CITY FINANCIAL IMPACTS State and federal law cap amounts municipalities can charge annually for SWFs in addition to application fees. This MLA sets an annual license fee of $270 for the use of each municipal facility as approved by the FCC. Staff has developed administrative fees for applications and permits for the installation of SWFs and plans to recover costs incurred by Electric Utility crews during pole removal/replacement, storage and salvage. Staff does not currently believe additional resources will be needed in the short term for the processing and management of SWF permitting. 10 Packet Pg. 106 Agenda Item 10 Item # 10 Page 3 BOARD / COMMISSION RECOMMENDATION Staff presented to the Energy Board regarding the adopted City Code changes and to the Planning and Zoning Board regarding the adopted Land Use Code changes in 2017. At the time, both boards were made aware that these City Code changes would inform the development and negotiation of a form MLA. Both boards recommended approval of the respective changes and no major issues were highlighted with the use of form MLAs adjusted for carrier-specific installation. PUBLIC OUTREACH Staff held an open house September 2017 to discuss the issue of cell coverage and small-cell facilities with residents. Fewer than ten residents were in attendance, and most had concerns about coverage in their respective areas of residence within the City. In general, residents seemed excited for the prospect to improve cellular service in the Fort Collins area through the use of small cell equipment. No additional outreach was held for the proposed MLA with Smartlink. 10 Packet Pg. 107 -1- RESOLUTION 2019-060 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY MANAGER TO SIGN A MASTER LICENSE AGREEMENT WITH SMARTLINK FOR AT&T SMALL WIRELESS COMMUNICATION EQUIPMENT ATTACHMENTS ON CITY FACILITIES IN PUBLIC RIGHTS-OF-WAY WHEREAS, the City operates through the Electric Utility enterprise light poles located in public rights-of-way throughout Fort Collins; and WHEREAS, federal and state telecommunication laws require the City to permit the attachment of small wireless telecommunication (i.e., cellular) devices on municipally owned infrastructure in public rights-of-way (“municipal facilities”); and WHEREAS, Chapter 23 of the City Code and Article 3 of the City Land Use Code establish requirements for permitting, siting and installing, and design of small wireless telecommunication facilities and equipment within the City’s municipal boundaries; and WHEREAS, pursuant to Section 23-177(d) of the City Code, carriers applying for permits to attach small wireless devices to municipal facilities must enter into a license agreement with the City to address general conditions and site-specific aspects of each attachment; and WHEREAS, in 2019 New Cingular Wireless PCS, LLC, d/b/a Smartlink (“Smartlink”) approached the City on behalf of AT&T to secure rights to attach to municipal facilities; and WHEREAS, City Engineering, Planning, and Electric Utility staff, and Smartlink have negotiated license terms applicable to the Smartlink/AT&T attachments, and reduced those terms to a Master License Agreement, as attached hereto as Exhibit “A” (the “MLA”); and WHEREAS, the purpose of the MLA is to allow Smartlink to attach AT&T network equipment to municipal facilities in compliance with City Code and Land Use Code and certain design parameters, and to establish criteria for Smartlink to replace municipal facilities or install new structures in order to operate AT&T’s small wireless communication network; and WHEREAS, Section 23-113(b)(1) and Section 23-140 of the City Code authorize the City Manager to lease or license any and all interests in property owned in the name of the City and to establish such rules and regulations governing the use of facilities owned or operated by the City, if the City Council first finds that the lease or license is in the best interests of the City; and WHEREAS, the MLA is a City Code requirement for access to public rights-of-way in the City and allows the City to comply with federal and state telecommunication laws, while maintaining reasonable control over use of municipal facilities; and WHEREAS, the license of access to attach to City light poles pursuant to the MLA will provide specific benefits to residents of the City and Electric Utility ratepayers by generating Packet Pg. 108 -2- revenues to offset maintenance, operation, and replacement of such utility-operated facilities; and WHEREAS, the Engineering, Planning, and Utility Services Departments support the conditions established in the MLA, which will allow the City and Smartlink/AT&T to improve local availability of wireless communication services in furtherance of City goals. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds that the license of access to attach to municipal facilities in public rights-of-way as provided herein is in the best interests of City residents and Electric Utility ratepayers. Section 3. That the City Manager is hereby authorized to execute a Master License Agreement in substantially the form attached hereto as Exhibit “A”, and incorporated herein by this reference, to license access by New Cingular Wireless PCS, LLC, d/b/a Smartlink, on behalf of AT&T, to municipal facilities, including light poles, in public rights-of-way on terms and conditions consistent with this Resolution, 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, as long as such changes do not materially increase the size or change the character of the property to be licensed. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 21st day of May, A.D. 2019. _________________________________ Mayor ATTEST: _____________________________ Chief Deputy City Clerk Packet Pg. 109 AGREEMENT BETWEEN THE CITY OF FORT COLLINS, COLORADO AND NEW CINGULAR WIRELESS PCS, LLC FOR THE USE OF LICENSOR PROPERTY IN CONNECTION WITH THE OPERATION OF A WIRELESS NETWORK This Agreement is made and entered into by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation (“Licensor”) and NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company (“Licensee”). Licensor and Licensee may be referred to herein individually as a “Party” or collectively as the “Parties.” RECITALS This Agreement is made with reference to the following Recitals, each of which is deemed to be a material term and provision of this Agreement: A. Licensor is the owner of certain municipal facilities located in public highways situated within Licensor’s city limits. B. Licensee is duly organized and existing under the laws of the State of Delaware, and its lawful successors, assigns, and transferees, are authorized to conduct business in the State of Colorado. C. Licensee currently owns and/or controls, maintains and operates a wireless communication network serving residents in the City of Fort Collins, using towers, monopoles, and other macro-cell technology (collectively the “Network”). D. For purposes of improving services within the Network, Licensee desires to construct, operate and maintain small cell communication sites from Licensor-owned light and/or utility poles and Licensor’s proprietary poles situated in the Public Highway and, for such purpose, desires to locate, place, attach, install, operate, control, and maintain antennas and other related wireless communication equipment consistent with Small Cell technology (“Equipment”) on Licensor-owned poles in the Public Highway. E. Licensee will agree to comply with Licensor’s Public Highway use requirements as provided herein and applicable Laws. F. Licensee is willing to compensate Licensor in exchange for a grant and right to use and physically occupy portions of the poles and/or the Public Highway, including, but not limited to installing Licensee’s proprietary poles in the Public Highway, as provided herein. EXHIBIT A 1 Packet Pg. 110 Attachment: Exhibit A (7985 : Master Lease Agreement with Smartlink-RESO) 2 AGREEMENT 1. Definitions and Exhibits. 1.1. Definitions. For the purposes of this Agreement and all Exhibits attached hereto, the following terms, phrases, words and derivations shall have the meaning given herein. (a) Agreement means this Agreement for the Use of Licensor Property in Connection with the Operation of a Wireless Network. (b) Attachment Fee or License Fee means that rental/pole occupation fee described in Section 4.1 of this Agreement. (c) City means the City of Fort Collins, also referred to herein as “Licensor.” (d) Code means Licensor’s Charter, City Code, and Land Use Code. (e) Equipment means Small Cell antennas and other wireless communications equipment utilizing small cell technology that is specifically identified and described in Exhibit A-1 attached to each Supplement Site License (as defined below). (f) Hazardous Substance means any substance, chemical or waste that is identified as hazardous or toxic in any applicable federal, state or local law or regulation, including but not limited to petroleum products and asbestos. (g) Interference means physical interference and radio frequency interference. (h) Laws means any applicable federal, state and local laws, statutes, constitutions, City Charter, ordinances, resolutions, regulations, judicial decisions, rules, permits, approvals or other applicable requirements of the Licensor or other governmental entity, agency or judicial authority having the force and effect of law that determines the legal standing of a matter relating to the parties and/or this Agreement. (i) Macro-cell means and includes technology associated with operating structures and equipment built for the sole or primary purpose of supporting antennas licensed or authorized by the Federal Communications Commission to provide high powered wireless communication service coverage and the antennas' associated facilities, including private, broadcast, and public safety services; unlicensed wireless services; and fixed wireless services such as backhaul. (j) Master License means the form of the license granted by this Agreement, described in Section 2 below, and as supplemented by a Supplemental Site License or Public Highway Access Grant as defined herein. Each Wireless Site will be subject to either a Supplemental Site License or a Public Highway Access Grant. 1 Packet Pg. 111 Attachment: Exhibit A (7985 : Master Lease Agreement with Smartlink-RESO) 3 (k) Municipal Facilities means those Licensor-owned poles and structures located in the Public Highway, including streetlight poles and vertical portions of traffic signal poles that are designated or approved by Licensor as suitable for hosting Equipment. (l) Network or collectively Networks means one or more of the wireless and fiber- based communications facilities operated by the Company to serve its wireless carrier customers in the City of Fort Collins, Colorado. (m) Permit means a permit issued and described in accordance with the Laws, which is used to regulate, monitor and control improvement, construction or excavation activities, or other work or activity, occurring upon or otherwise affecting the Licensor’s Public Highway. (n) Physical interference means where equipment, vegetation or a structure causes reduced use of another’s prior mounted equipment, or an obstruction in a necessary line- of-sight path. (o) Public Highway means the surface of and the space above and below the public roads, streets and alley right-of-way, and public utility easements or other public ways of any type whatsoever, now or hereafter located and existing within the city limits of Fort Collins, Colorado, and as otherwise defined at § 38-5.5-102, C.R.S. (p) Public Highway Access Grant means the form of the license granted under the scope of this Agreement for access to the Public Highway in order to attach to the poles and/or structures of a third party(s), and as described in detail on Exhibit A-B. (q) Public Property means any real property owned by the City other than Public Highways. (r) Radio frequency interference means the radiation or conduction of radio frequency energy (or electronic noise) produced by electrical and electronic devices at levels that interfere with signals from or the operation of adjacent communication equipment. (s) Small Cell means compact communication sites as defined more fully in § 29-27- 402 (4), C.R.S. (t) Supplement Site License means the form of the license granted under the scope of this Agreement for access to the Public Highway in order to attach to Municipal Facilities, or to place new freestanding Licensor-owned poles in the Public Highway, and as described in detail on Exhibit A-A. (u) Term means the period that this Agreement is in effect as described in Section 3.1 of this Agreement. (v) Wireless Site means a location on a Public Highway selected for the Licensee’s deployment of Equipment. 1 Packet Pg. 112 Attachment: Exhibit A (7985 : Master Lease Agreement with Smartlink-RESO) 4 1.2. Exhibits. The following numbered documents, which are occasionally referred to in this Agreement, are formally incorporated and made part of this Agreement by this reference: (a) Exhibit A-A: Supplement Site License (b) Exhibit A-B: Public Highway Access Grant (c) Exhibit A-1: Licensed Area and Description of Facilities (d) Exhibit B: Licensee’s Minimum Insurance Requirements (e) Exhibit C: Technical Requirements (f) Exhibit D: Operational and Design Standards (g) Exhibit E: Attachments to City Traffic Signal Facilities In the event of any conflict or ambiguity between this Agreement, including the above-referenced exhibits (the “Exhibits”), and any other agreement between Licensor and Licensee, this Agreement, together with the Exhibits, shall govern and prevail. In the event of any conflict or ambiguity between this Agreement, including the Exhibits, and any Supplement Site License or Public Highway Access Grant, the Supplement Site License or Public Highway Access Grant shall govern and prevail. 2. Site License Granted and Terms; Supplemental Site Licenses and Public Highway Access Grants. 2.1. License. Licensor, acting in its proprietary capacity as the owner of Municipal Facilities in the Public Highway, hereby grants to Licensee a nonexclusive license (the “Master License”) to use and occupy the Public Highway throughout Licensor’s territorial boundaries, as these boundaries may be adjusted from time to time due to annexations, to attach, install, operate, maintain, upgrade, remove, reattach, reinstall, relocate and replace the Equipment that may be required to operate at each approved Wireless Site. This grant is subject to the terms, conditions and other provisions set forth in this Agreement, including without limitation Exhibits C and D; the Code and operating procedures of Fort Collins Utilities, Traffic Engineering, Information Technology, Parks & Recreation, and Natural Areas; and all applicable Laws and reasonable regulations of any agency having competent jurisdiction, including limitations on the kind, size, height and width, and ownership of structures in the Public Highway, delivery of notice to adjacent property owners pursuant to Section 7.8, and the manner of attachments. Nothing under this Agreement shall be interpreted to create or vest in the Licensee an easement or other property interest to any Public Property or Public Highway or constitute an assignment of any rights to Public Property or Public Highway. The Licensee shall, at all times, be and remain a licensed user only. Nothing in this Agreement shall be interpreted as a waiver by Licensor of any amendments, rights or benefits created under the Laws that alter Licensor’s level of control over public property and/or use of the Public Highway for telecommunication purposes after execution of this Agreement. All rights of 1 Packet Pg. 113 Attachment: Exhibit A (7985 : Master Lease Agreement with Smartlink-RESO) 5 Licensee herein are subject to such amendments to the Laws, which shall be deemed to amend Licensee’s rights hereunder without regard to the Term or Licensee Fees paid by Licensee. 2.2. Use of Licensor Property. (a) The Supplement Site License allows Licensee to access, occupy and use allocated available space on each identified Municipal Facilities in Exhibit A-1 to each Supplement Site License, and to access, occupy and use the Public Highway to attach, install, operate, maintain, upgrade, remove, reattach, reinstall, relocate and replace the Equipment, solely for the purpose of Licensee operating a Small Cell Facility. The Supplement Site License also provides the conditions under which Equipment may be attached and installed at a specific location, and under which Licensee may install proprietary poles. Notwithstanding anything to the contrary herein, Equipment deployments under this Agreement shall be in compliance with the requirements of Exhibits C-E of the Master License. (b) Subject to the following limitations, Licensee shall have access to the Municipal Facilities upon which Equipment is installed 24 hours a day/7 days a week to ensure such facilities comply with the following codes and standards: • Fort Collins Utilities, Electric Service Standards • Fort Collins Sign Code • National Electric Safety Code • National Electric Code • At least seventy-two (72) hours prior written notice to Fort Collins Utilities for any non-emergency unplanned work involving de/energizing a Municipal Facility, when an electric service disconnect device is not incorporated into the connection. In the event of an emergency, Licensee shall notify and coordinate with Fort Collins Utilities System Control and Operation office (970-221-6710) before performing work on any Equipment attached to a Municipal Facility. • Licensor has the right to de-energize service to Equipment and/or deny access for public utility system maintenance outages and in the event of emergencies, including but not limited to police, fire or medical response situations, natural disasters or weather emergencies, and when Licensor’s work in the Public Highway otherwise obstructs access to the Equipment. 2.3. Limitations on Use. Except as otherwise expressly provided herein or as determined in Licensor’s reasonable discretion based on specific aspects of a proposed site, a Supplement Site License does not authorize Licensee to: (a) Occupy or use any poles, improvements or structures of any kind, whether within or without the Public Highway, other than the Licensee’s proprietary poles at approved locations, and the Municipal Facilities identified in Exhibit A-1 to a Supplement Site License; (b) Subject to Section 2.6 below, enter upon Public Property and attach, install, operate, maintain, upgrade, remove, reattach, reinstall, relocate, and/or replace any item of Equipment in or on poles or other structures not owned by either Party located in the Public Highway; nor 1 Packet Pg. 114 Attachment: Exhibit A (7985 : Master Lease Agreement with Smartlink-RESO) 6 (c) Place any free-standing structure, not including a replacement pole as described in Section 6, • along the frontage of a locally-designated historic building or other structure subject to Section 106 of the National Historic Preservation Act (NHPA); 16 U.S.C. 470f; • other than in alignment with existing trees, utility poles, and streetlights; • less than 10 feet from the triangle extension of an alley way flare (to preserve access); or • within 100 feet of the apron or access curb cut of a fire station or other adjacent emergency service facility. 2.4 Priority. Licensee’s Equipment may be attached to structures as identified in Sections 2.2 and 2.6 in Public Highways with the following order of priority of attachment, except as set forth below or as agreed between the Parties and with a preference for location on arterial streets before collector streets, and collector streets before neighborhood streets: (i) Existing light poles lawfully owned and operated by Licensor, a public utility company, or a third-party property owner; then, (ii) Existing facilities lawfully owned and operated by a public utility company or third-party property owner; and then (iii) Municipal Facilities other than street lighting poles, including traffic poles; and then (iv) Poles installed by Licensee at its own expense at locations in the Public Highway and title thereto assigned to Licensor). Locations may be requested based upon Licensee’s technical and radio frequency needs and construction costs, but in any situation where Licensee has a choice of Equipment locations, Licensee shall use good faith efforts to attach to poles in the order indicated above provided, in Licensee’s sole discretion, that (a) such poles are at least equally suitable functionally for the operation of Licensee’s network and (b) the construction and installation burden associated with such attachment over the length of the Term are similar to Licensee’s burden to attach to a pole in the category(ies) below it. Nothing herein is intended to limit any rights Licensee may have in accordance with Laws or the Code to install proprietary poles in the Public Highway if adequate Municipal Facilities or third- party facilities do not exist for the attachment of Equipment, so long as such poles comply with Exhibits C-E and all local standards adopted under Licensor’s police powers. 2.5 Alterations. Notwithstanding anything in the Agreement to the contrary, alterations shall be subject to permitting required under Laws, but shall not be subject to additional Licensor approval, to the extent that: (i) such alterations to the attachment involve only substitution of internal components, and do not result in any change to the external appearance, dimensions, or weight of the attachment, or loading impacts on the pole as approved by Licensor or impact multi- modal traffic flow; or (ii) such alterations involve replacement of the attachment with an 1 Packet Pg. 115 Attachment: Exhibit A (7985 : Master Lease Agreement with Smartlink-RESO) 7 attachment that is the same, or smaller in weight and dimensions as the approved attachment and does not impact multi-modal traffic flow. In addition to any other submittal requirements, and if requested by Licensor, Licensee shall provide “load” (structural) calculations for all Municipal Facilities upon which it intends to alter Equipment in the Public Highway. Notwithstanding the foregoing, Licensee may alter its Equipment with like-kind or similar Equipment without prior written approval of the Licensor. 2.6 Additional Installations. The Public Highway Access Grant allows Licensee access to the Public Highway to install its Equipment on existing poles or structures in the Public Highway lawfully owned and operated by third parties. Subject to obtaining the written permission of the owner(s) of the affected pole or structure and any required Permits (and paying any standard fees), Licensor hereby authorizes and permits Licensee to enter upon the Public Highway and to attach, install, operate, maintain, remove, reattach, reinstall, relocate, and replace Equipment in or on existing third-party owned poles or other structures in the Public Highway. There will be no Attachment Fee or License Fee due to Licensor for a Public Highway Access Grant. Notwithstanding anything to the contrary contained herein, all attachments to third-party-owned poles must comply with Exhibits C and D and applicable Laws, and Licensee must provide public notice of the installation as required by Section 7.8. Licensee shall have access to the Public Highway 24 hours a day/7 days a week. Licensee acknowledges that it may have to relocate its Equipment on third-party poles in the Public Highway at its expense if the third party is required to underground its equipment, and Licensor shall have no liability or responsibility for any such costs. 3. Term of Supplements and Agreement; Cancellation; Termination; Removal or Abandonment at Expiration. 3.1. Agreement Term. This Agreement shall be in effect for a period of twenty (20) years commencing on the date that this Agreement is fully executed (the “Execution Date”), and expiring on the EARLIER of (a) the twentieth (20 th ) anniversary of the Execution Date, or (b) the expiration of the last Supplement Term (unless sooner cancelled or terminated as provided in this Section 3) (the “Term”). 3.2. Supplement Term. Subject to the remaining balance of the Agreement Term under Section 3.1, each Supplement Site License or Public Highway Access Grant shall be in effect for a period of up to fifteen (15) years commencing on the “Commencement Date” determined in accordance with each Supplement Site License or Public Highway Access Grant, and expiring on the day before the fifteenth (15 th ) anniversary of the Commencement Date unless sooner cancelled or terminated as provided herein (the “Supplement Term”). Licensee shall commence construction of the Site within twelve (12) months of signature of the Supplement Site License; provided, however, that such twelve (12) month period will be extended as reasonably necessary if there are delays in obtaining necessary permits, licenses, rights-of-way, easements and other rights required to commence installation of the Licensee’s Equipment due to circumstances beyond the Licensee’s reasonable control. Provided Licensee is not in breach of the Master License, Supplement Site License, or Public Highway Access Grant, the Supplement Term will automatically be extended for successive five (5) year periods (each, a “Renewal Term”), with the first Renewal Term commencing immediately upon the expiration of the initial period of the Supplement Term, and 1 Packet Pg. 116 Attachment: Exhibit A (7985 : Master Lease Agreement with Smartlink-RESO) 8 each additional Renewal Term commencing immediately upon the expiration of the preceding Renewal Term unless notice of non-extension is provided to Licensee by Licensor at least ninety (90) days prior to the expiration of the initial Supplement Term or then current Renewal Term, as applicable. All of the provisions of this Agreement shall be in effect during the Supplement Term and any Renewal Term. At no time shall a Supplement Term create a right that extends beyond the Agreement Term described in Section 3.1 and as may be extended by subsequent written agreement of the Parties. 3.3 Licensee Cancellation. Licensee may cancel this Agreement or any Supplement Site License or Public Highway Access Grant before the date of expiration by providing the Licensor with ninety (90) days express written notice of cancellation. Any prepaid License Fee shall be retained by Licensor, and Licensee shall continue to pay the License Fee, if applicable, for each affected site until Licensee has removed all equipment at such site and restored Licensor’s property to its original condition, normal wear and tear excepted. This Agreement and all Supplement Site Licenses and Public Highway Access Grants may only be cancelled or terminated as provided in this Agreement or in the Supplement Site License or Public Highway Access Grant. 3.4. Abandonment. If Licensee abandons or discontinues the use of a Municipal Facility, a third-party pole or a Licensee proprietary pole for a period of six (6) or more consecutive months, Licensee is deemed to surrender all license rights and agrees to remove all Equipment for such location at Licensee’s expense. In the event Licensee is unable or refuses to remove such Equipment upon abandonment and does not elect to transfer title and ownership of such Equipment to Licensor as-is, Licensor may, upon sixty (60) days’ advance written notice to Licensee, authorize removal and Licensee shall be responsible for all costs incurred for such removal, including by lien(s) against the Licensee property described in the associated Supplement Site License or Public Highway Access Grant. Licensee shall continue to pay a License Fee for each affected site until all equipment at such site has been removed and Licensor’s property restored to its original condition, normal wear and tear excepted. Licensor reserves the right to monitor operation of all Licensee attachments and provide Licensee with notice under this Section for removal of abandoned Equipment. 4. Fees and Charges. Licensee shall be solely responsible for the payment of all fees and charges in connection with Licensee’s performance under this Agreement, including those set forth as follows: 4.1. License Fee. (a) Annual Fee. Licensee shall pay to Licensor an annual fee equal to $270.00 for the use of each Municipal Facility by Licensee pursuant to a Supplement Site License, as of the Commencement Date for each Supplement Site License, in order for Licensee to occupy and use space on the Municipal Facilities. In the event any Law provides Licensee the right to use the Municipal Facilities at an annual rate less than the rate set forth herein, and specifically preempts the Licensor’s ability to continue the License Fee through the duration of the Term, the annual License Fee shall be reduced to such amount on the next anniversary of the Commencement Date (Licensee expressly waives any right to an earlier adjustment even if required by such Law) for all existing Supplement Site Licenses, and 1 Packet Pg. 117 Attachment: Exhibit A (7985 : Master Lease Agreement with Smartlink-RESO) 9 all new Supplement Site Licenses shall be entered into at such new rate. In such event, the Parties shall enter into an amendment to this Agreement documenting such amount. The annual License Fee shall not apply or be charged for attachments to third party facilities in the Public Highway. (b) Fee Payment. The annual fee paid per Municipal Facility location is non- refundable and is payable within ninety (90) days of the initial Commencement Date, and on or before each subsequent annual anniversary of the Commencement Date during the Supplement Term (or until such earlier time as such Supplement Site License is terminated). Upon agreement of the Parties, Licensee may pay the License Fee by electronic funds transfer and in such event, Licensor agrees to provide to Licensee bank routing information for such purpose upon request of Licensee. For any party to whom License Fee payments are to be made, Licensor or any successor in interest of Licensor hereby agrees to provide to Licensee (i) a completed, current version of Internal Revenue Service Form W-9, or equivalent; and (ii) complete and fully executed state and local withholding forms if required. License Fees shall accrue in accordance with this Agreement, but Licensee shall have no obligation to deliver License Fee payments until the requested documentation has been received by Licensee. Upon receipt of the requested documentation, Licensee shall deliver the accrued rental payments as directed by Licensor. 4.2. Permit. No payment is collected under this Agreement for any Permit issued in connection with the installation of Equipment at any Municipal Facility. Permit requirements, fees and charges are solely governed by the requirements imposed by the Code. 4.3 Taxes. Licensee shall pay all applicable city, county and state taxes levied, assessed, or imposed by reason of this Agreement or those related to any of Licensee’s Equipment and/or provided services. 4.4. Utilities and Electric Meter. The Licensee will be responsible for telephone, cable, broadband, electric and any other utility service used or consumed by the Licensee in connection with using its Equipment. In no event will the Licensee secure its utilities by sub-metering from the City. Licensee shall install or cause to be installed a separate electric meter on a ground mounted pedestal or on Licensee’s pad mounted equipment cabinet as required by the electric provider for the operation of its Equipment. Licensee shall be responsible for paying all charges for any electricity furnished to serve the Equipment. 4.5. Payments Made. All fees and/or additional payments shall be payable to Licensor at: Finance Department City of Fort Collins Streetlight account P.O. Box 580 Fort Collins, CO 80522-0580 or to such other persons or at such other places as Licensor may designate in writing. All payments shall be in lawful money of the United States of America. 1 Packet Pg. 118 Attachment: Exhibit A (7985 : Master Lease Agreement with Smartlink-RESO) 10 5. Additional License and Permits Required by Code. To the extent not in contravention of any applicable Law, all Equipment will be installed, operated and maintained by or on behalf of Licensee in accordance with applicable provisions of the Code regulating wireless communications facilities. Licensee or its designee may be required to apply for and obtain a local government Permit for work performed within the Public Highway, and the Public Highway will be used according to the plans submitted by Licensee and approved pursuant to a Permit. Execution of this Agreement or any Supplement Site License or Public Highway Access Grant does not constitute the issuance of such a Permit though may be a condition to receiving such a permit. 6. Basic Design and Installation Requirements for Using Municipal Facilities. The basic design of the Equipment will be described in Exhibit A-1 to each Supplement Site License. All of Licensee’s construction and installation work for its Equipment on the Municipal Facilities shall be performed at Licensee’s sole cost and expense and in a good and workmanlike manner and promptly completed. When Licensee and Licensor have agreed on a Municipal Facility as a suitable site for Licensee’s Equipment based on aesthetic or structural considerations, but the existing Licensor- owned pole needs to be replaced to accommodate the Equipment, then Licensee shall pay all costs related to replacing the Licensor-owned pole, including but not limited to installation of the replacement pole (the “Replacement Pole”), transfer of the streetlight fixtures, traffic signal, and/or other items attached to the existing Licensor-owned pole to the Replacement Pole, and removal and salvage of the existing Licensor-owned pole to the Licensor. Payment of the pole replacement costs does not provide Licensee with any ownership interest in the Replacement Pole. Licensor will be deemed to own the original Licensor-owned pole and the Replacement Pole. The installation or attachment of the Equipment to the Replacement Pole shall be at Licensee’s sole cost and expense. If a Replacement Pole needs to be replaced because of damage due to an accident, natural disaster or other cause, or is at the end of its useful life, Licensor shall be responsible for the cost of a standard Licensor-owned pole and Licensee shall be responsible for the cost of replacement above the cost of a standard Licensor-owned pole, if a higher standard is required to host Licensee’s Equipment. 7. Common Conditions or Requirements Applicable to Supplement Site Licenses or Public Highway Access Grants Approved Under this Agreement. 7.1. Equipment Locations. (a) For each installation, Licensee or its designee shall submit plans and specifications for Licensor review and approval, which approval shall not be unreasonably withheld, conditioned or delayed. Upon Licensor approval, the approved plans are inserted in Exhibit A-1 to the applicable Supplement Site License or Public Highway Access Grant. If Licensee desires to change or add new locations, Licensee will submit a proposed Supplement Site License indicating the additional Municipal Facilities for which it seeks permission to use and a list of immediately adjacent property owner(s). (b) All proprietary poles installed by Licensee shall be located preferably closest to the corner of two intersecting streets, within alleyways where feasible, or closest to the common side yard property line between adjacent adjoining properties. 1 Packet Pg. 119 Attachment: Exhibit A (7985 : Master Lease Agreement with Smartlink-RESO) 11 (c) Licensee shall maintain a current inventory of Wireless Sites governed by this Agreement throughout the Term. Once during the initial term and during each extension term, as described in Section 3.2, Licensee shall provide to Licensor, upon Licensor’s request, an inventory of Wireless Sites under each active Supplement Site License or Public Highway Access Grant. Licensee shall otherwise provide to Licensor, at Licensor’s reasonable request, a copy of the inventory of Wireless Sites governed by this Agreement within ninety (90) days of such request. Licensor’s request for a current inventory shall be limited to no more than one time per calendar year throughout the Term. The inventory shall include GIS coordinates, date of installation, the Licensee Site ID#, type of pole used for installation, and pole owner at each Wireless Site. (d) If Licensor determines there are unauthorized Wireless Sites after comparing the inventory of Wireless Sites to internal records or through any other means, Licensor shall provide written notice to the Licensee of such unauthorized Wireless Sites and the Licensee shall have thirty (30) days thereafter in which to submit an application request for a Supplement Site License or Public Highway Access Grant, as appropriate for that location, or alternatively to remove the Equipment and restore the property at the Licensee’s expense. If the Licensee fails to submit a request for a Supplement Site License or Public Highway Access Grant, or if the request is denied, then Licensee shall remove the Equipment from the Public Highway and restore the property at its expense within thirty (30) days, unless a different time period is agreed to by the Parties. If the request is approved, the Licensee must pay the required fees (if any) for a new Wireless Site plus interest at the rate of eight percent (8%) per annum from the date of the original installation but only to the extent the license fee was not previously paid with respect to the Wireless Site. 7.2. Damage to Licensor Property. If Licensee damages or disturbs the surface or subsurface of any Public Highway or adjoining property, pole, streetlight fixture, traffic signal, landscaping, or other public or private improvement, in the exercise of the rights granted through this Agreement, Licensee will promptly, at its own expense, and in a manner reasonably acceptable to Licensor and all affected property owners, repair the damage or disturbance within thirty (30) days of the damaging event. 7.3. Public Emergency. In the event of an emergency or to protect the public health or safety, prior to the Licensor accessing or performing any work on a Municipal Facility on which Licensee has installed Equipment, Licensor may require Licensee to deactivate such Equipment if any of Licensor’s employees or agents must move closer to the Equipment than the FCC recommended minimum distance. In such case, Licensor will contact Licensee at (800) 832-6662 to request immediate deactivation. 7.4. Pole Replacement. (a) Subject to Sections 6 and 7.4(f), if a Municipal Facility needs replacement or repair, Licensee shall have the right, but not the obligation, to immediately replace the same at Licensor’s cost up to the amount Licensor would pay to perform the same work. In such event, Licensor shall reimburse Licensee within thirty (30) days of Licensee’s receipt of 1 Packet Pg. 120 Attachment: Exhibit A (7985 : Master Lease Agreement with Smartlink-RESO) 12 an invoice. However, in the event Licensee elects in writing to have Licensor replace the Municipal Facility, Licensor shall perform such replacement within thirty (30) days thereafter, and Licensee shall cooperate with Licensor to temporarily relocate its Equipment, if necessary. Upon completion of the replacement, Licensor shall notify Licensee in order for Licensee to reinstall its Equipment. (b) At Licensee’s option, Licensee may provide to Licensor, at Licensee’s cost, a spare pole sufficient to serve as a replacement pole, which will be stored at Licensor’s Utility Services Yard (the “Yard”) at no cost to Licensee, and which will be available for use by Licensor and Licensee to replace the Municipal Facility as provided in this Section 7.4. (c) In the event Licensee provides a spare pole, and in lieu of Licensee performing the replacement, Licensor will use the spare pole to replace a damaged existing pole within forty-eight (48) hours of its receipt of notice regarding the need for replacement and shall deliver the damaged pole and any damaged Equipment to the Yard. (d) Licensor will contact Licensee to pick up the damaged Equipment and Licensee can reinstall its Equipment once the replacement pole is installed and functioning as a Municipal Facility. (e) Licensee shall have the right to temporarily use another Municipal Facility for its operation during the replacement period at a location reasonably acceptable to the Parties. (f) In the event Licensor is responsible for replacing the Municipal Facility with a Replacement Pole, Licensor shall only be responsible for the cost of a standard pole, and Licensee shall be responsible for the cost of the Replacement Pole in excess of the cost of a standard pole. 1 Packet Pg. 121 Attachment: Exhibit A (7985 : Master Lease Agreement with Smartlink-RESO) 13 7.5. Removal and Relocation. (a) Licensee understands and acknowledges that Licensor may require Licensee to relocate one or more of its Equipment installations. Licensee shall at Licensor’s direction and upon the longer of ninety (90) days prior written notice to Licensee or, the written notice period provided by any third party if a third party is requiring the relocation of Licensee’s Equipment installation in the Public Highway, relocate such Equipment at Licensee’s sole cost and expense whenever Licensor reasonably determines that the relocation is needed for any of the following purposes: (i) if required for the construction, modification, completion, repair, relocation, or maintenance of a Licensor or other public agency project; (ii) because the Equipment is interfering with or adversely affecting proper operation of Licensor-owned poles, traffic signals, communications, or other Municipal Facilities; or (iii) Licensor is abandoning or removing the Municipal Facility. In any such case, Licensor shall use reasonable efforts to afford Licensee a reasonably equivalent alternate location and shall expedite permitting for the alternate location. If Licensee shall fail to relocate any Equipment as requested by the Licensor in accordance with the foregoing provision, Licensor shall be entitled to remove or relocate the Equipment at Licensee’s sole cost and expense, without further notice to Licensee. Licensee shall pay to the Licensor actual costs and expenses incurred by the Licensor in performing any removal work and any storage of Licensee’s property after removal, within thirty (30) days of the date of a written demand for this payment from the Licensor. (b) In the event Licensee desires to relocate any Equipment from one Municipal Facility to another, Licensee shall so advise Licensor. Licensor will use reasonable efforts to accommodate Licensee by making another reasonably equivalent Municipal Facility available for use in accordance with and subject to the terms and conditions of this Agreement. (c) In lieu of the relocation of Licensee’s Equipment, in the case of an abandonment or removal of a Municipal Facility as provided in Section 7.5(a) (iii), unless the Municipal Facility is needed for a legitimate Licensor purpose, Licensee shall have right to purchase the Municipal Facility, and continue to use the same pursuant to the then existing Supplement Site License, at a commercially reasonable price commensurate with its then existing value and terms agreeable to the Parties. Licensee and Licensor shall document such transfer of ownership via a commercially reasonable bill of sale. 7.6. Non-exclusiveness. Subject to Section 7.7(d), the rights and privileges granted to Licensee under this Agreement, and each Supplement Site License or Public Highway Access Grant described herein, are nonexclusive and may be subject to colocation requirements set by Law. 7.7. Non-interference. The following provisions shall apply to ensure and/or avoid interference (both physical and radio frequency) resulting from Licensee’s installation, operation and/or maintenance of a Wireless Site: (a) RF Interference. Licensee shall ensure its Equipment will not cause radio frequency interference with Licensor’s wireless communication facilities or devices, cable 1 Packet Pg. 122 Attachment: Exhibit A (7985 : Master Lease Agreement with Smartlink-RESO) 14 television, broadcast radio or television systems, satellite broadcast systems, or Licensor traffic, public safety or other communications signal equipment at any time of Equipment operation. (b) Existing Uses. Licensee shall not interfere in any manner with any uses of public property including Public Highway, sanitary sewers, water mains, storm drains, gas mains, poles, aerial and underground electric and telephone wires, streetlight fixtures, cable television, and other telecommunications, utility, and municipal property without the express written approval of the owner(s) of the affected property or properties. (c) Licensor Communications. Licensee shall not interfere in any manner with current or future Licensor or other government public safety, broadband, utility, or other communication systems. (d) Licensor Interference. Licensor reserves the right, but no corresponding obligation, to maintain and operate its Municipal Facilities in such reasonable manner as will best enable Licensor to fulfill its own service requirements or obligations. However, Licensor agrees to use reasonable efforts such that Licensor and/or any other tenants, licensees, or users of the Public Highway who currently have or in the future take possession of space within the Public Highway will be permitted to install only such equipment that is of the type and frequency which is designed to comply with then existing industry standards regarding potential interference with the then existing Equipment of Licensee. (e) Remedies. Without limiting any other rights or remedies, if interference occurs and continues for a period in excess of forty eight (48) hours following notice to the interfering party via telephone to Licensee’s Network Operations Center at (800) 832-6662 or to Licensor at the Fort Collins Utilities System Control and Operation office (970-221-6710), the interfering party shall or shall require any other user of a Municipal Facility to reduce power or cease operations of the interfering equipment until the interference is cured under reasonable commercial standards. The Parties acknowledge there may not be an adequate remedy at law for noncompliance with the provisions of this Section 7.7 and therefore the Parties shall have the right to equitable remedies such as, without limitation, injunctive relief. 7.8 Adjacent Property Owner Notices. (a) Except in the case of an emergency involving public safety or an outage, or service interruption to a large number of customers, Licensee shall give reasonable advance notice to private residential property owners of construction work on or in adjacent rights-of-way, as provided in this section. “Construction work” shall include excavation, boring, assembly, rehabilitation, renovation, remodeling or improvement of any structure or facility in the Public Highway or adjacent to a sidewalk beside the Public Highway, including associated landscaping, parking, equipment or furnishings for such work. (b) In particular, the following requirements shall apply to nonemergency activity in Public Highways when the activity adjoins residentially zoned property or property shown in the 1 Packet Pg. 123 Attachment: Exhibit A (7985 : Master Lease Agreement with Smartlink-RESO) 15 Larimer County Assessor’s Records as “residential,” and will not be completed and restored in a period of two weeks or less. (1) Licensee shall either: (A) At least seventy-two hours before commencement of any work in the Public Highway, (i) post and maintain a notice that is located at the beginning and end points of the activity, and (ii) deliver notice to each address in the area of the activity and within one hundred seventy-five feet of its boundaries; or (B) At least fifteen calendar days before commencement of any work in the Public Highway, provide written notice individually to each address in the area of the Public Highway work and within one hundred seventy-five linear feet of its boundaries. (2) For good cause, Licensor may require Licensee to employ a combination of the notices required by subsection (b)(1) of this section. (3) The notices required by subsection (b)(1) of this section shall include the name, telephone number, and address of the owner and use permittee, a description of the work to be performed, the duration of the work, and the name, address, and telephone number of a person who will provide information to and receive comments from any member of the public concerning the work. Posted notices shall be in a format and size acceptable to Licensor. 8. Damage to Licensee’s Equipment. In the event of any damage to Licensee’s Equipment, Licensor shall have no liability or responsibility to repair the same unless such damage arose from the negligence or willful misconduct of Licensor, its employees, agents, or contractors; provided however, in such case, Licensor’s liability shall be limited to the cost to repair or replace the same, subject to Section 6. Licensor’s standard requirements for notification and processing of claims through Licensor’s Risk Management department shall also apply. 9. Title and Ownership. 9.1. Title to the Municipal Facility. Title to the Equipment, exclusive of the Municipal Facility (original or replacement) used for support and poles transferred to Licensor, but including ground mounted equipment, shall remain with Licensee and shall constitute Licensee’s personal property and equipment, and not fixtures or improvements attached to the land. 9.2. No Ownership in Licensor Property. Neither this Agreement, nor any license issued herein, nor any Permit separately issued for installation of any Equipment, regardless of the payment of any fees and charges, shall create or vest in Licensee any ownership or property rights in any portion or elements of the Municipal Facilities, the underlying real property on which any Licensor-owned poles or any Equipment is located, or any portion of the Public Highway. Additionally, except as otherwise expressly provided herein, Licensee acknowledges that this Agreement does not constitute or create a leasehold interest or right to the benefit of any Licensor property or portion thereof. Nothing contained in this Agreement shall be construed to compel Licensee to construct, retain, extend, place, 1 Packet Pg. 124 Attachment: Exhibit A (7985 : Master Lease Agreement with Smartlink-RESO) 16 or maintain any poles or other facilities for the benefit of Licensor which are not needed for Licensee’s own service requirements. 9.3 “As Is” Condition. Subject to this Section 9, Licensee accepts the Municipal Facilities identified in any Supplement Site License, or any Replacement Pole, in its “AS IS” condition, without representation or warranty of any kind by Licensor, or any Licensor officer, agent, or employee, and subject to all applicable laws, rules and ordinances governing the use of the Municipal Facility for Licensee’s intended purpose. 10. Maintenance and Repair. Subject to Section 7.2, Licensor shall maintain and keep the Municipal Facility containing Equipment in accordance with Licensor’s ordinary maintenance standards, at its sole cost and expense. Licensee shall keep the Equipment and other improvements by Licensee on the Municipal Facility, if any, in good condition and repair. Licensee shall maintain and keep all proprietary poles containing Equipment in accordance with Licensor’s ordinary maintenance standards, at Licensee’s sole cost and expense. 11. Hazardous Substances. Licensee agrees that Licensee, its contractors, subcontractors and agents, will not use, generate, store, produce, transport or dispose any Hazardous Substance on, under, about or within the area of a Municipal Facility or the Public Highway in which it is located in violation of any applicable federal, state, county, or local law or regulation. Except to the extent of the negligence or intentional misconduct of Licensor, Licensee will pay, indemnify, defend and hold Licensor harmless against and to the extent of any loss or liability incurred by reason of any Hazardous Substance produced, disposed of, or used by Licensee, or any agent of Licensee, pursuant to this Agreement. Licensee will ensure that any on-site or off-site storage, treatment, transportation, disposal or other handling of any Hazardous Substance will be performed by persons who are properly trained, authorized, licensed and otherwise permitted to perform those services. The Parties recognize that Licensee shall not be responsible for any environmental condition or issue except to the extent resulting from Licensee’s specific activities and responsibilities under this Agreement. 12. Indemnity and Waiver. (a) Licensee shall indemnify and hold the Licensor harmless against any claim of liability or loss from personal injury or property damage to the extent resulting from or arising out of the negligence or willful misconduct of the Licensee, its employees, contractors or agents; provided, however, that Licensee shall have no duty to indemnify or hold Licensor harmless from any claims to the extent that such claims are a result of the negligence or willful misconduct of Licensor. The Licensor will provide the Licensee with reasonably prompt, written notice of any claim covered by this indemnification; provided that any failure of the Licensor to provide any such notice, or to provide it promptly, shall not relieve the Licensee from its indemnification obligation in respect of such claim, expect to the extent the Licensee can establish actual prejudice and direct damages as a result thereof. The Licensor will cooperate appropriately with the Licensee in connection with the Licensee’s defense of such claim. The Licensee shall not settle or compromise any such claim or consent to the entry of any judgment without the prior written consent of Licensor and without an unconditional release of all claims by each claimant or plaintiff in favor of Licensor. 1 Packet Pg. 125 Attachment: Exhibit A (7985 : Master Lease Agreement with Smartlink-RESO) 17 (b) In consideration for the rights granted under this Agreement, the Licensee waives all claims, demands, causes of action, and rights it may assert against Licensor and its officials, personnel, agents, and representatives because of any loss, damage, or injury to any Equipment, or any loss or degradation of service resulting from the installation, operation, maintenance, or malfunction of Equipment, except to the extent caused by the negligence or willful misconduct of Licensor. 13. Insurance Requirements. 13.1. Licensee’s Insurance. Licensee shall procure and maintain insurance in the amounts and form specified in attached Exhibit B. Licensee shall also produce insurance certificates from any sublicensee, including the City and Licensee as additional insured. 13.2. Certificates. If a Certificate of Insurance or Self-Insurance is submitted as verification of coverage by Licensee or a sublicensee, Licensor will reasonably rely upon the Certificate as evidence of coverage, but this acceptance and reliance will not waive or alter in any way the insurance requirements or obligations of this Agreement. If any of the required policies expire during the life of this Agreement, Licensee must forward renewal or replacement Certificates, including certificates verifying sublicensee coverage, to Licensor within fifteen (15) business days after the renewal date containing all necessary insurance provisions. Failure to submit to Licensor and maintain current certificates of insurance shall be deemed abandonment by Licensee and any sublicensees of all privileges under this Agreement and require Licensee to enter into a new agreement with Licensor to access any Municipal Facility. 13.3 Licensor’s Insurance. Licensor shall, at its sole cost and expense, maintain general liability insurance with such limits as Licensor may determine to be appropriate from time to time. Nothing herein is intended as a waiver of the provisions and protections of the Colorado Governmental Immunity Act, C.R.S. Sec. 24-10-101 et seq. 14. Assignment/Subletting. 14.1. This Agreement and each license granted herein is personal to Licensee and for each Municipal Facility. Licensee shall not share with third-parties any space or rights granted hereunder. However, upon prior approval by Licensor of the instrument, Licensee may lease or sublicense all access rights to Municipal Facilities permitted hereunder to a single third-party, provided Licensee remains directly responsible to Licensor for all obligations hereunder and assumes all liability for such third-party’s execution of the access rights. Subject to Section 14.3, this Agreement and the related rights and privileges may not be assigned or otherwise transferred without the express written consent of Licensor, which consent shall not be unreasonably withheld, conditioned or delayed. Any Agreement which is assigned or otherwise transferred pursuant to this Section shall be equally subject to all the obligations and privileges of this Agreement including any amendments, which will remain in effect, as if the assigned Agreement was the original Agreement. After assignment, this Agreement, including any amendments, shall be binding on the assignee to the full extent that was binding upon Licensee. 1 Packet Pg. 126 Attachment: Exhibit A (7985 : Master Lease Agreement with Smartlink-RESO) 18 14.2. Any non-permitted transfer or assignment of the right to attach Equipment to a Municipal Facility shall be void and not merely voidable. Licensor may, in its sole discretion and in addition to all other lawful remedies available to Licensor under this Agreement, may collect any fees owed from Licensee all without prejudicing any other right or remedy of Licensor under this Agreement. No cure or grace periods shall apply to transfers or assignment prohibited by this Agreement or to the enforcement of any provisions of this Agreement against a transferee or assignee who did not receive Licensor’s consent. 14.3. Notwithstanding anything to the contrary in this Section 14, without any approval or consent of Licensor, this Agreement and/or any Supplement Site License may be sold, assigned or transferred by Licensee to (i) any entity in which Licensee directly or indirectly holds a controlling equity or similar interest; (ii) any entity which directly or indirectly holds a controlling equity or similar interest in Licensee; or (iii) any entity directly or indirectly under common control with Licensee. Licensee may assign this Agreement and/or any Supplement Site License to any entity which acquires all or substantially all of Licensee’s assets in the market defined by the FCC in which the Municipal Facility is located due to a merger, acquisition or other business reorganization without approval or consent of Licensor. 15. Default. 15.1 Default of Licensee. a. Licensor shall provide Licensee with a written notice of any violation of this Agreement, and a thirty (30) day period within which Licensee may: (i) demonstrate that a violation does not exist, (ii) cure the alleged violation, or (iii) if the nature of the alleged violation prevents correction thereof within 30 days, to initiate a reasonable corrective action plan, including a projected completion date, subject to Licensor’s written approval, which approval will not be unreasonably withheld. b. If Licensee fails to disprove or correct the violation within thirty (30) days or, in the case of a violation which cannot be corrected in 30 days if Licensee has failed to initiate a reasonable corrective action plan and to correct the violation within the specified time frame, then Licensor may declare in writing that Licensee is in default. 15.2 Default of Licensor. a. Licensee shall provide Licensor with a written notice of any violation of this Agreement, and a thirty (30) day period within which Licensor may: (a) demonstrate that a violation does not exist, (b) cure the alleged violation, or (c) if the nature of the alleged violation prevents correction thereof within 30 days, to initiate a reasonable corrective action plan, including a projected completion date, subject to Licensee’s written approval, which approval will not be unreasonably withheld. 1 Packet Pg. 127 Attachment: Exhibit A (7985 : Master Lease Agreement with Smartlink-RESO) 19 b. If Licensor fails to disprove or correct the violation within thirty (30) days or, in the case of a violation which cannot be corrected in 30 days if Licensor has failed to initiate a reasonable corrective action plan and to correct the violation within the specified time frame, then Licensee may declare in writing that Licensor is in default. 15.3 Bankruptcy. The Parties expressly agree and acknowledge that it is their intent that in the event Licensee shall become a debtor in any voluntary or involuntary bankruptcy proceeding (a “Proceeding”) under the United States Bankruptcy Code, 11 U.S.C. 101, et seq. (the “Bankruptcy Code”), for the purposes of proceeding under the Bankruptcy Code, this Agreement shall be treated as an unexpired lease of nonresidential real property under Section 365 of the Bankruptcy Code, 11 U.S.C. 365 (as may be amended), and, accordingly, shall be subject to the provisions of subsections (d)(3) and (d)(4) of said Section 365 with the exception that Licensor waives any requirement for Licensee to assume or reject this Agreement earlier than prior to confirmation of a plan. Any person or entity, to which Licensee’s rights, duties and obligations under this Agreement are assigned pursuant to the provisions of the Bankruptcy Code, shall be deemed without further act to have assumed all the obligations of Licensee arising under this Agreement both before and after the date of such assignment. Any such assignee shall upon demand execute and deliver to Licensor an instrument confirming such assumption. Any monies or other considerations payable or otherwise to be delivered in connection with such assignment shall be paid to Licensor, shall be the exclusive property of Licensor, and shall not constitute property of Licensee or of the estate of Licensee within the meaning of the Bankruptcy Code. Any monies or other considerations constituting Licensor’s property under the preceding sentence not paid or delivered to Licensor shall be held in trust for the benefit of Licensor and be promptly paid to Licensor. 16. Termination/Revocation. In the event of a Default, without limiting the non-defaulting party in the exercise of any right or remedy which the non-defaulting party may have by reason of such Default, the non-defaulting Party may terminate this Agreement if the Default affects all Supplement Site Licenses and the Agreement as a whole, or any Supplement Site License subject to the Default, and/or pursue any remedy now or hereafter available to the non-defaulting Party under the Laws or judicial decisions of the State of Colorado. The costs and expenses of any such performance by the non-defaulting Party shall be due and payable by the defaulting Party upon invoice therefor. If Licensee undertakes any such performance on Licensor's behalf and Licensor does not pay Licensee the full undisputed amount within thirty (30) days of its receipt of an invoice setting forth the amount due, Licensee may offset the full undisputed amount due against all fees due and owing to Licensor under this Agreement until the full undisputed amount is fully reimbursed to Licensee. 17. Surrender. Within sixty (60) days of abandonment of Equipment, the expiration of the Supplement Term of any Supplement Site License, or upon the earlier termination thereof, Licensee shall remove all Equipment attached or ground mounted, at its sole expense, shall repair any damage to the Municipal Facilities or the Public Highway, including landscaping, caused by such removal, and shall restore the Municipal Facilities and impacted adjacent areas to the condition in which they existed prior to the installation of the Equipment (whether attached or 1 Packet Pg. 128 Attachment: Exhibit A (7985 : Master Lease Agreement with Smartlink-RESO) 20 ground mounted), reasonable wear and tear and loss by casualty or other causes beyond Licensee’s reasonable control excepted. 18. Notices. Any notice, request, demand, statement, or consent herein required or permitted to be given by either party to the other hereunder, shall be in writing signed by or on behalf of the party giving the notice and addressed to the other at the address as set forth below: Licensee New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration Site No. City of Ft. Collins Wireless MLA (CO) 1025 Lenox Park Blvd NE, 3 rd Floor Atlanta, GA 30319 With a copy to: New Cingular Wireless PCS, LLC Attn: AT&T Legal Dept – Network Operations Site No. City of Ft. Collins Wireless MLA (CO) 208 S. Akard Street Dallas, TX 75202-4206 Licensor City Manager’s Office City of Fort Collins P.O. Box 580 Fort Collins, CO 80522-0580 With copy to: City Attorney’s Office City of Fort Collins P.O. Box 580 Fort Collins, CO 80522-0580 Each party may by notice in writing change its address for the purpose of this Agreement, which address shall thereafter be used in place of the former address. Each notice, demand, request, or communication which shall be mailed to any of the aforesaid shall be deemed sufficiently given, served, or sent for all purposes hereunder when properly sent and received, refused or returned undelivered. Any communication made by e-mail or similar method shall not constitute notice pursuant to this Agreement. 19. Miscellaneous. 19.1. Entire Agreement. This Agreement constitutes the entire agreement and understanding between the Parties, and supersedes all negotiations, understandings or agreements. Any amendments to this Agreement must be in writing and executed by both Parties. 1 Packet Pg. 129 Attachment: Exhibit A (7985 : Master Lease Agreement with Smartlink-RESO) 21 19.2. Severability. If any provision of this Agreement is invalid or unenforceable with respect to any Party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 19.3. Governing Law. This Agreement shall be governed by the laws of the State of Colorado without regard to choice of law rules. In addition, the Parties acknowledge that there are legal constraints imposed upon the Licensor by the constitutions, statutes, and rules and regulations of the State of Colorado and of the United States and imposed upon the Licensor by its Charter and Code, and that, subject to such constraints, the Parties intend to carry out the terms and conditions of this Agreement. Notwithstanding any other provisions of this Agreement to the contrary, in no event shall either of the Parties exercise any power or take any action which shall be prohibited by applicable law. Whenever possible, each provision of this Agreement shall be interpreted in such a manner so as to be effective and valid under applicable law. Should any dispute arising out of this Agreement lead to arbitration or litigation, the prevailing party shall be entitled to recover its costs of suit, including (without limitation) reasonable attorneys’ fees . 19.4. Exhibits. All Exhibits referred to and attached to this Agreement are incorporated herein by reference. 19.5. Authority to Execute. Any individual executing this Agreement on behalf of or as representative for a corporation or other person, partnership or entity, represents and warrants that he or she is duly authorized to execute and deliver this Agreement on behalf of such party, and this Agreement is binding upon such party in accordance with its terms. Licensor hereby designates, and authorizes, the City Manager to execute all Supplement Site Licenses or Public Highway Access Grants entered into under this Agreement. This designation and authorization may be changed by Licensor upon written notice to Licensee. 19.6. No Waiver. A Party shall not be excused from complying with any of the terms and conditions of this Agreement by any failure of a Party upon any one or more occasions to insist upon or to seek compliance with any such terms or conditions. 19.7. Force Majeure. With respect to any provisions of this Agreement, the violation or non-compliance of any term of this Agreement which could result in the imposition of a financial penalty, liquidated damages, forfeiture or other sanction upon a Party, such violation or non- compliance shall be excused where such violation or non-compliance is the result of acts of God, war, civil disturbance, strike or other labor unrest, or other events, the occurrence of which was not reasonably foreseeable by such Party and is beyond such Party’s reasonable control. 19.8 Limitation of Liability. Except for indemnification pursuant to Sections 11 and 12, neither Party shall be liable to the other, or any of their respective agents, representatives, employees for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise. 1 Packet Pg. 130 Attachment: Exhibit A (7985 : Master Lease Agreement with Smartlink-RESO) 22 19.9 Obligations Subject to Appropriation. Licensor’s obligations under this Agreement in subsequent fiscal years are subject to the annual appropriation of funds sufficient and intended for such purpose by Licensor’s City Council in its discretion. [Signature page follows] 1 Packet Pg. 131 Attachment: Exhibit A (7985 : Master Lease Agreement with Smartlink-RESO) 23 IN WITNESS WHEREOF, the parties have executed this Agreement as of this ____ day of ___________, 2019 (the “Execution Date”). LICENSOR: City of Fort Collins, a Colorado municipal corporation By: _____________________________ Darin A. Atteberry, City Manager LICENSEE: New Cingular Wireless PCS, LLC By: AT&T Mobility Corporation Its: Manager By: _______________________________ Print Name: _______________________ Its: _______________________________ ATTEST: City Clerk APPROVED AS TO FORM: _____________________________________ Deputy/Assistant City Attorney 1 Packet Pg. 132 Attachment: Exhibit A (7985 : Master Lease Agreement with Smartlink-RESO) 24 EXHIBIT A-A Form of Supplement Site License This Supplement (“Supplement”), made this _____ day of ____________, 2019 (“Effective Date”) between the City of Fort Collins, a Colorado Municipal Corporation, with an address of City Manager’s Office, P.O. Box 580, Fort Collins, CO 80522-0580, hereinafter designated “Licensor” and New Cingular Wireless PCS, LLC, a Delaware limited liability company, with its principal offices at 575 Morosgo Drive NE, Atlanta, GA 30324, hereinafter designated “Licensee”: 1. Supplement. This is a Supplement Site License as referenced in that certain Agreement for the Use of Licensor Property in Connection with the Operation of a Wireless Network, between Licensor and Licensee dated ______________, 201_ ("Agreement"). All the terms and conditions of the Agreement are incorporated hereby by reference and made a part hereof without the necessity of repeating or attaching the Agreement. In the event of a contradiction, modification or inconsistency between the terms of the Agreement and this Supplement, the terms of this Supplement shall govern. Capitalized terms used in this Supplement shall have the same meaning described for them in the Agreement unless otherwise indicated herein. 2. Project Description and Locations. Licensor has received all materials listed on Exhibit A- 2 applicable to the supplemental wireless network installation described in this Supplement. □ Licensee shall have the right to use the Municipal Facility for Equipment at the designated areas in the Public Highway as further described in Exhibit A-1 attached hereto (the “Licensed Area”); OR □ Licensee shall have the right to place its own Equipment and pole at the designated areas in the Public Highway as further described in Exhibit A-1 attached hereto (the “Licensed Area”). 3. Equipment. The Equipment to be installed at the Licensed Area is described in Exhibit A- 1 attached hereto. 4. Term/Termination. The term of this Supplement shall be as set forth in Section 3.2 of the Agreement. If Licensee has not installed the Equipment in the Licensed Area within one (1) year from the date of this Supplement, this Supplement will be deemed automatically terminated; provided, however, that such one (1) year period will be extended as reasonably necessary if, despite Licensee’s diligent efforts, there are delays in obtaining necessary permits, licenses, rights- of-way, easements and other rights required to commence installation of the Licensee’s Equipment due to circumstances beyond the Licensee’s reasonable control. 5. Fees. The initial annual License Fee for the term of this Supplement shall be$270.00 for the use of each Municipal Facility by Licensee, as determined in accordance with the Agreement, [and as adjusted by Section 4.1 of the Agreement.] 1 Packet Pg. 133 Attachment: Exhibit A (7985 : Master Lease Agreement with Smartlink-RESO) 25 6. Commencement Date. The first day of the month following the date Licensee has commenced installation of its Equipment at the Licensed Area. 7. Approvals/Fiber. It is understood and agreed that Licensee's ability to use the Licensed Area is contingent upon its paying all permit and approval application fees and obtaining all the certificates, permits and other approvals (collectively the "Governmental Approvals") that may be required by any Federal, State or Local authorities, as well as a satisfactory fiber and electrical connection which will permit Licensee use of the Licensed Area as set forth above. In the event that (i) any of such applications for such Governmental Approvals should be finally rejected; (ii) any Governmental Approval issued to Licensee is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority; (iii) Licensee determines that such Governmental Approvals may not be obtained in a timely manner; (iv) Licensee determines that it will be unable to obtain in a satisfactory manner, or maintain any fiber or power connection; or (v) Licensee determines that the Licensed Area is no longer technically compatible for its use, Licensee shall have the right to terminate this Supplement. Notice of Licensee's exercise of its right to terminate shall be given to Licensor in writing by certified mail, return receipt requested, and shall be effective upon the mailing of such notice by Licensee, or upon such later date as designated by Licensee. All rentals paid to said termination date shall be retained by Licensor. Upon such termination, this Supplement shall be of no further force or effect except to the extent of the representations, warranties and indemnities made by each party to the other hereunder. Otherwise, Licensee shall have no further obligations as to the license payment due to Licensor under the Agreement between the parties. [Signature page follows] 1 Packet Pg. 134 Attachment: Exhibit A (7985 : Master Lease Agreement with Smartlink-RESO) 26 EXECUTED to be effective as of the date shown above. LICENSOR: City of Fort Collins, Colorado By: _____________________________ Darin A. Atteberry, City Manager ATTEST: _____________________________ City Clerk APPROVED AS TO FORM CITY ATTORNEY’S OFFICE BY: __________________________ Deputy/Assistant City Attorney LICENSEE: New Cingular Wireless PCS, LLC By: AT&T Mobility Corporation Its: Manager By: ______________________________ Print Name: ________________________ Its: ______________________________ Exhibits: Exhibit A-1, Attachment A-1.1 Exhibit A-2 1 Packet Pg. 135 Attachment: Exhibit A (7985 : Master Lease Agreement with Smartlink-RESO) 27 EXHIBIT A-B FORM OF PUBLIC HIGHWAY USE GRANT This Public Highway Use Grant, made this _____ day of ____________, 20____ (“Effective Date”) between the City of Fort Collins, hereinafter designated “Licensor,” and New Cingular Wireless PCS, LLC, a Delaware limited liability company, with its principal offices at 575 Morosgo Drive NE, Atlanta, GA 30324, hereinafter designated “Licensee”: 1. Public Highway Use Grant. This is a Public Highway Use Grant as referenced in that certain Agreement for the Use of Licensor Property in Connection with the Operation of a Wireless Network in connection with the operation of Licensee’s Network, between Licensor and Licensee dated ______________, 20__ (the “Agreement”). All the terms and conditions of the Agreement are incorporated herein by reference and made a part hereof without the necessity of repeating or attaching the Agreement. In the event of a contradiction, modification or inconsistency between the terms of the Agreement and this Public Highway Use Grant, the terms of this Public Highway Use Grant shall govern. Capitalized terms used in this Public Highway Use Grant shall have the same meaning described for them in the Agreement unless otherwise indicated herein. 2. Project Description and Locations. As described herein, Licensee shall have the right to occupy the Public Highway by attaching Equipment to an asset owned by a third party at the designated areas further described in Attachment 1, Table 1 attached hereto (the “Licensed Area”). 3. Equipment. The Equipment to be installed at the Licensed Area is described in Attachment 1, Table 2 attached hereto. 4. Term. The term of this Public Highway Use Grant shall be as set forth in Section 3.2 of the Agreement. 5. Fees. There is no fee for this Public Highway Use Grant. 6. Commencement Date. The commencement date of this Public Highway Use Grant is the Effective Date. 7. Approvals. It is understood and agreed the Licensee’s ability to use the Licensed Area is contingent upon its obtaining all of the certificates, permits and other approvals (collectively the “Governmental Approvals”) that may be required by any Federal, State or Local authorities. In the event that (i) any of such applications for such Governmental Approvals should be finally rejected; (ii) any Governmental Approval issued to Licensee is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority; (iii) Licensee determines that such Governmental Approvals may not be obtained in a timely manner; or (iv) Licensee determines one or more licensed Sites in the Licensed Area is no longer technically compatible for its use, Licensee shall have the right to terminate all or part of this Public Highway Use Grant. Notice of Licensee’s exercise of its right to terminate shall be given to Licensor in writing 1 Packet Pg. 136 Attachment: Exhibit A (7985 : Master Lease Agreement with Smartlink-RESO) 28 by certified mail, return receipt requested, and shall be effective upon the mailing of such notice by Licensee, or upon such later date as designated by Licensee. Upon such termination, all or part of this Public Highway Use Grant, as applicable shall be of no further force or effect except to the extent of the representations, warranties and indemnities made by each party to the other hereunder and in the Agreement. EXECUTED to be effective as of the date shown above. LICENSOR: City of Fort Collins, Colorado By: _____________________________ Darin A. Atteberry, City Manager ATTEST: _____________________________ City Clerk APPROVED AS TO FORM CITY ATTORNEY’S OFFICE BY: __________________________ Deputy/Assistant City Attorney LICENSEE: New Cingular Wireless PCS, LLC By: AT&T Mobility Corporation Its: Manager By: ______________________________ Print Name: ________________________ Its: ______________________________ Attachments: Attachment 1 1 Packet Pg. 137 Attachment: Exhibit A (7985 : Master Lease Agreement with Smartlink-RESO) 29 EXHIBIT A-1 LICENSED AREA AND DESCRIPTION OF FACILITIES Table 1 SITE ID NO. STREET NAME/INTERSECTION AND QUADRANT POLE IS LOCATED ON GIS COORDINATES POLE TYPE POLE HEIGHT 1 Packet Pg. 138 Attachment: Exhibit A (7985 : Master Lease Agreement with Smartlink-RESO) 30 Table 2 SITE ID NO. POLE ALTERATION ATTACHMENT HEIGHT TYPE OF EQUIPMENT ATTACHED 1 Packet Pg. 139 Attachment: Exhibit A (7985 : Master Lease Agreement with Smartlink-RESO) 31 Attachment A-1.1 to EXHIBIT A-1 SITE DRAWINGS 1 Packet Pg. 140 Attachment: Exhibit A (7985 : Master Lease Agreement with Smartlink-RESO) 32 EXHIBIT A-2 SUPPLEMENTAL SITE LICENSE REQUEST SUBMITTAL MATERIALS Licensee shall provide the following materials as applicable for consideration by Licensor in reviewing the Supplement Site License request: • Electronic shape file containing plot plan, engineering design, and specifications for installation of utilities, including the location of radios, antenna facilities, transmitters, equipment shelters, cables, conduit, point of demarcation, backhaul solution, electrical distribution panel, electric meter, electrical conduit and cabling, and all other associated equipment. Where applicable, the design documents shall include specifications on design, pole modification, and ADA compliance. o The plot plan shall show existing sidewalk size, existing utilities, existing trees, traffic control signs and equipment, and other existing improvements. o Licensee shall submit photographs and/or photographic simulations of the proposed Wireless Site and specific equipment proposed for attachment along with plot plan and drawings. • For Municipal Facilities, include documentation from the City verifying the pole is eligible for attachment. Also include a load bearing study that determines whether the pole requires reinforcement or replacement to accommodate attachment of the Equipment. If pole reinforcement or replacement is warranted, the design documents shall include the proposed pole modification. • For Replacement or new proprietary Pole installations, include documentation verifying the pole location is in the Public Highway and is eligible for installation. Include list of abutting property owners. If the proposed installation includes a new structure, provide design and specification drawings for the structure by use of a Google Earth (or equivalent means) aerial image of the City block on which the structure will be placed, showing the proximity of proposed structure to intersection of property lines, trees, fire stations/emergency service facilities, subject to availability of such information. • If the proposed installation will require reinforcement or replacement of an existing pole, provide applicable design and specifications drawings. • The number, size, type and proximity to the facilities of all communications conduit(s) and cables to be installed. • Description of the utility services required to support the facilities to be installed. • A typewritten legal description with (1) the Section, Township and Range, and County being affected, and if it is part of a subdivision, it shall be stated also; (2) the Point of Beginning to an established land corner or to a subdivision plat that is tied to an established land corner, with curves showing radius, delta, arc length and angle to radius point if curve is non-tangent, and area to be included in square feet; and (3) the legal description SIGNED 1 Packet Pg. 141 Attachment: Exhibit A (7985 : Master Lease Agreement with Smartlink-RESO) 33 and SEALED by a surveyor registered in the state of Colorado. For the Municipal Facilities, provide insurance information as required by Exhibit B of the Agreement. 1 Packet Pg. 142 Attachment: Exhibit A (7985 : Master Lease Agreement with Smartlink-RESO) 34 EXHIBIT B LICENSEE’S INSURANCE REQUIREMENTS 1. General. A. Prior to performing work under this Agreement, Licensee shall furnish Licensor a certificate of insurance on a standard insurance industry ACORD form. The insurance coverage required must be issued by an insurance company eligible to transact business in the State of Colorado, possessing a current A.M. Best, Inc. rating of A-VII or better. B. Licensee shall procure and maintain and shall require any of its contractors to procure and maintain, until all of their obligations have been discharged, the insurances set forth below. C. The insurance requirements set forth in no way limit the indemnity covenants contained in this Agreement. D. Licensor in no way warrants that the insurance limits contained in this Agreement are sufficient to protect Licensee from liabilities that might arise out of the performance of this Agreement by Licensee and its contractors, and Licensee is free to purchase any additional insurance as may be determined necessary. E. Failure to demand evidence of full compliance with the insurance requirements in this Agreement or failure to identify any insurance deficiency will not relieve Licensee from, nor will it be considered a waiver of, its obligation to maintain the required insurance at all times during the performance of this Agreement. 2. Scope and Limits of Insurance. Licensee shall provide coverage with limits of liability stated below. A. Commercial General Liability-Occurrence Form. Licensee must maintain Commercial General Liability insurance, as per form ISO CG 00 01 or equivalent, with a limit of $2,000,000 per occurrence for bodily injury and property damage and $4,000,000 general aggregate including premises-operations, products and completed operations, independent contractor, contractual liability, personal injury and advertising injury. B. Commercial Automobile Liability. Licensee must maintain Commercial Automobile Liability insurance in the amount of $1,000,000 combined single limit each accident for bodily injury and property damage covering all of Licensee owned, hired, and/or non-owned vehicles assigned to or used in the performance of Licensee’s work or activities under this Agreement. C. Workers Compensation and Employers Liability Insurance. Licensee must maintain Workers Compensation insurance in compliance with the statutory requirements of the 1 Packet Pg. 143 Attachment: Exhibit A (7985 : Master Lease Agreement with Smartlink-RESO) 35 state of operation and Employer’s Liability with a limit of $1,000,000 for each accident; $1,000,000 disease for each employee; $1,000,000 disease-policy limit. D. Builders’ Risk/Installation Floater Insurance. Builders’ Risk/Installation Floater Insurance must be maintained until whichever of the following first occurs: (i) final payment has been made; or, (ii) until no person or entity, other than Licensor, has an insurable interest in the property required to be covered. (a) The Builders’ Risk/Installation Floater insurance must be endorsed so that the insurance will not be canceled or lapse because of any partial use or occupancy by Licensor. (b) The Builders Risk/Installation Floater insurance must include as loss payees Licensor and all tiers of contractors and others with an insurable interest in the Work (c) The Licensee is responsible for payment of all deductibles under the Builders’ Risk/Installation Floater insurance policy. 3. Additional Policy Provisions Required. A. Miscellaneous Provisions. (1) Licensee's insurance coverage must be primary insurance with respect to Licensor, its officers, officials, and employees. Any insurance or self-insurance maintained by Licensor, its officers, officials, and employees shall be in excess of the coverage provided by Licensee and must not contribute to it. (2) Licensee's insurance must apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (3) The policies must contain a severability of interest clause and waiver of subrogation against Licensor, its officers, officials, and employees, for losses arising from work performed by Licensee for Licensor. (4) Licensee is required to maintain Commercial General Liability insurance for so long as Licensee’s Equipment is located in or on Licensor’s Public Highway. Licensee must submit a Certificate of Insurance evidencing Commercial General Liability insurance at the beginning of this period and anytime during this period that such insurance is renewed or modified, evidencing the insurance requirement and including the required Additional Insureds set forth herein. (5) If a Certificate of Insurance is submitted as verification of coverage, Licensor will reasonably rely upon the Certificate of Insurance as evidence of coverage, but this acceptance and reliance will not waive or alter in any way the insurance requirements or obligations of this Agreement. (6) Upon receipt of notice from its insurer, Licensee shall use its best effort to provide the Licensor with thirty (30) days prior written notice of cancellation or nonrenewal of any required coverage that is not replaced. Such notice shall be sent directly to City Manager’s Office, City of Fort Collins, P.O. Box 580, Fort Collins, CO 80522-0580. 1 Packet Pg. 144 Attachment: Exhibit A (7985 : Master Lease Agreement with Smartlink-RESO) 36 B. Licensor as Additional Insured. The above-referenced policies shall, excluding workers compensation and employer’s liability, expressly include the Licensor, its officers, officials, and employees as an additional insured as their interest may appear under this Agreement with respect to liability arising out of activities performed by Licensee. 4. Licensee Self-Insurance. Notwithstanding the foregoing, Licensee may, in its sole discretion, self-insure any of the required insurance under the same terms as required by this Agreement. In the event Licensee elects to self- insure its obligation under this Agreement to include Licensor as an additional insured, the following conditions apply: (i) Licensor shall promptly and no later than thirty (30) days after notice thereof provide Licensee with written notice of any claim, demand, lawsuit, or the like for which it seeks coverage pursuant to this Section and provide Licensee with copies of any demands, notices, summonses, or legal papers received in connection with such claim, demand, lawsuit, or the like; (ii) Licensor shall not settle any such claim, demand, lawsuit, or the like without the prior written consent of Licensee; and (iii) Licensor shall fully cooperate with Licensee in the defense of the claim, demand, lawsuit, or the like. 1 Packet Pg. 145 Attachment: Exhibit A (7985 : Master Lease Agreement with Smartlink-RESO) 37 EXHIBIT C TECHNICAL REQUIREMENTS 1. This Exhibit C sets forth additional technical requirements applicable to all Wireless Sites and attachments permitted under a Supplement Site License under the Agreement between Licensor and Licensee. Terms not defined herein shall have the definitions set forth in the Agreement to which this Exhibit C is attached. 2. Except as allowed by Law, Licensee shall not (i) unless otherwise agreed to by the Parties in a Supplement Site License and (ii) unless the Licensee obtains any additional, required permitting and land use approval in accordance with applicable Law, increase the height of a pole in the ROW in excess of 45 feet. Licensor shall weigh any request by Licensee for an increase in height over 45 feet in a Supplemental Site License in light of Licensor’s historic preservation policies, aesthetic considerations, pedestrian, disabled person and/or bicyclist access to sidewalks, public safety concerns, technical installation conflicts, and compliance with the City Code and Land Use Code. Exceptions to this maximum height will be considered where proposed structures collocate and/or combine multiple uses (antennas and street lighting, or 4/5G equipment, for example), where no other Municipal Facility exists within two hundred feet (200’) radially of a proposed location, or are within areas where adjacent utility or street light pole heights are consistently greater. 3. Nothing in this Agreement shall be interpreted to authorize the installation of macro wireless communications service facilities, macro base stations, or a similar high-powered cellular facility in the Public Highway, nor the installation of macro wireless towers or poles intended to serve macro facilities, except pursuant to federal, state and local laws. 4. Ground-mounted components of Wireless Sites shall be installed within the footprint of an area of no more than thirty-six (36) square feet. 1 Packet Pg. 146 Attachment: Exhibit A (7985 : Master Lease Agreement with Smartlink-RESO) 38 EXHIBIT D OPERATIONAL AND DESIGN STANDARDS A. Operational Standards. (a) Federal Requirements. All Small Cell antennas and other wireless communication transmission equipment utilizing small cell technology installed pursuant to this Agreement and all associated Supplement Site Licenses (“Equipment”) shall meet the current standards and regulations of the FAA, FCC and any other agency of the federal or state government with the authority to regulate telecommunication equipment. If such standards and regulations are changed, Licensee shall bring such Equipment into compliance with such revised standards and regulations within the period mandated by the controlling federal or state agency. Failure to meet such revised standards and regulations shall constitute grounds for the removal of the Equipment from any site under this Agreement at Licensee’s expense. (b) Radio Frequency Standards. Subject to Sec. 7.7 of the Agreement, all Equipment shall comply with federal standards for radio frequency emissions. If concerns regarding compliance with radio frequency emissions standards for Equipment are made to Licensor, Licensor may request Licensee provide information demonstrating compliance. If such information suggests, in the reasonable discretion of Licensor, the Equipment may not be in compliance, Licensor may request, and Licensee shall submit a project implementation report which provides cumulative field measurements of radio frequency emissions of all antennas installed at the subject site, and which compares the results with established federal standards. If, upon review, Licensor finds the facility does not meet federal standards, Licensor may require corrective action within a reasonable period, and if not corrected, may require removal of the Equipment as an unauthorized use under this Agreement. Any reasonable costs incurred by Licensor, including reasonable consulting costs to verify compliance with these requirements, shall be paid by Licensee upon demand by Licensor or, if such costs remain unpaid after demand, Licensor may recover such costs by the same manner and method authorized to recover nuisance abatement costs under the Fort Collins Municipal Code. B. Design Standards. (a) In addition to all standards of Licensee’s Permit(s) under the Code, the requirements set forth in this Exhibit shall apply to the location and design of all Equipment governed by this Agreement; provided, however, Licensor may waive any Permit requirement and/or any of these requirements if Licensor determines the goals of this Exhibit are better served thereby without any notice requirements or public hearing. To that end, Equipment shall be designed and located to minimize the impact on the subject neighborhood and to maintain the character and appearance of the specific location. (1) General Principals. a. All Equipment covered by this Agreement shall be architecturally compatible with the surrounding area as feasible; 1 Packet Pg. 147 Attachment: Exhibit A (7985 : Master Lease Agreement with Smartlink-RESO) 39 b. All electrical, communication, and other wiring to Equipment components, including radios, antennae and backhaul connections, shall be fully concealed, internal to the structure where possible and shrouded in all other instances; c. Height or size of the proposed Equipment and any Replacement Pole should be minimized and conform to the standard form factor of Licensor Municipal Facility to the maximum extent practicable; d. Equipment shall be sited in a manner that takes into consideration its proximity to residential structures and residential district boundaries, uses on adjacent and nearby properties, and the compatibility of the facility to these uses, including but not limited to proximity of Wireless Site to first and second story windows; e. Equipment shall be designed to be compatible with the site, with reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness. Appurtenances shall match the standard form factor of Licensor Municipal Facility to the maximum extent practicable; and f. Equipment shall be designed to have minimal impact on the surrounding area of the proposed ingress and egress, if any. (2) Camouflage/Concealment. Equipment shall, to the maximum extent feasible, match the appearance and design of exiting Licensor Municipal Facilities adjacent to the Wireless Site, as much as possible, and when not technically practicable that Equipment to use camouflage design techniques including, but not limited to the use of materials, colors, textures, screening, landscaping, or other design options that will blend the Equipment to the surrounding natural setting and built environment. Design, materials and colors of Equipment not identical to exiting Licensor Municipal Facilities shall otherwise be compatible with the surrounding environment. Designs shall be compatible with structures and vegetation on the same parcel and adjacent parcels. a. Camouflage design may be of heightened importance where findings of sensitivity are made (e.g., proximity to historic or aesthetically significant structures, views, and/or community features). In such instances where Equipment is located in areas of high visibility, they shall (where possible) be designed to minimize their profile. b. Equipment, including antennas, vaults, equipment rooms, equipment enclosures, and tower structures shall be constructed out of non-reflective materials (visible exterior surfaces only). (3) Any antenna installed on a structure other than a Municipal Facility (including, but not limited to the antennas and accessory equipment) shall be of a neutral, non-reflective color that is identical to, or closely compatible with, the color of the supporting structure, or uses other camouflage/concealment design techniques to make the antenna and related facilities as visually unobtrusive as possible. (4) Traffic and Public Highway uses. No Equipment or structure installed pursuant to this Agreement may alter vehicular circulation or parking within the Public Highway or impede vehicular, bicycle, or pedestrian access or visibility along the Public Highway as required by law. All structures must comply with the Americans With Disabilities Act and every applicable local, state, and federal law and regulation. No structure may be located or maintained in a manner that causes unreasonable interference. “Unreasonable 1 Packet Pg. 148 Attachment: Exhibit A (7985 : Master Lease Agreement with Smartlink-RESO) 40 interference” means any use of the Public Highway that disrupts or interferes with its use by Licensor, the general public, or other person authorized to use or be present upon the Public Highway, when there exists an alternative that would result in less disruption or interference, irrespective of the cost to Licensee associated with such alternative installation or attachment method. “Unreasonable interference” includes any use of the Public Highway that disrupts vehicular or pedestrian traffic (including traffic view triangles), any interference with public utilities, and any other activity that will present a hazard to public health, safety, or welfare (including creation of overhead hazards falling into vehicular or pedestrian traffic on driving or walking surfaces). (5) Setbacks and Separation. The following minimum setbacks and separation requirements shall apply to all Equipment installed pursuant to this Agreement; provided, however, Licensor may reduce standard setbacks and separation requirements if Licensee demonstrates the goals of this Exhibit can be better met by reduced setback and separation requirements that protect the public health and safety, view corridors, or minimize adverse impact or effectively prohibit the deployment of wireless services and shall be able to do so without a public hearing, though may require Licensee to provide public notice as set forth in section 7.8 of the Master License. All Equipment installation sites shall be at least two hundred (200) feet from any support structure greater than sixty (60) feet in height to which an existing radio antenna, or aerial telecommunication equipment is attached, measured from the top of the proposed Equipment support structure to the height of the existing equipment. 1 Packet Pg. 149 Attachment: Exhibit A (7985 : Master Lease Agreement with Smartlink-RESO) 41 EXHIBIT E ATTACHMENTS TO TRAFFIC SIGNAL FACILITIES Licensee shall not be permitted to attach to any traffic signal facility, including any signal pole or above-ground element thereof, when another permitted attachment structure under this Agreement exists within two hundred feet (200’) radially of an identified traffic signal facility. In no event shall Licensee be permitted to attach Equipment to any signal pole mast arm. To the extent attachment to a traffic signal facility is permitted, Licensee shall satisfy requirements below. Traffic Signal Pole Requirements Signal poles already supporting Police equipment are not eligible for Licensee equipment placement. Equipment placed on signal poles may be required to be relocated at any time if the subject signal pole is needed for placement of law enforcement equipment. Signal poles are engineered structures designed to specific loading criteria and required AASHTO standards. Modifications to the loading due to the Equipment will require an engineering analysis stamped by a Colorado licensed professional engineer, provided at Licensee’s expense. All cabling must be external to the signal pole and shielded per Fort Collins Traffic Engineering standards to eliminate interference with existing signal cables and conductors. All signal pole installations shall be designed and installed to contain separate power fuses to prevent the pole from becoming electrified due to an Equipment fault. Cables, conduits and bands must not interfere with access to or operation of any of the traffic signal equipment. Specific clearances may be required by Fort Collins Traffic Engineering standards and case by case review. Analysis must be provided to Licensor to show the proposed equipment will not interfere with Licensor’s or any government public safety wireless network operating in the 900 MHz and 2.4 GHz and 5.8 GHz frequencies. Licensee must be accompanied by Fort Collins Traffic Engineering staff at all times during installations on signal poles and involved Licensee personnel must hold at least a Level I IMSA Traffic Signal certification (level II preferred) to demonstrate comprehension of the implications of any negative impacts to local traffic signal infrastructure. Equipment installation or servicing on signal poles shall be coordinated with the Fort Collins Traffic Operations and Engineering groups at least three (3) business days in advance, or such shorter period as Traffic Operations and Engineering may require of City crews working on such structures. 1 Packet Pg. 150 Attachment: Exhibit A (7985 : Master Lease Agreement with Smartlink-RESO) Agenda Item 11 Item # 11 Page 1 AGENDA ITEM SUMMARY May 21, 2019 City Council STAFF Tyler Marr, Senior Project Manager Cyril Vidergar, Legal SUBJECT Resolution 2019-061 Authorizing the City Manager to Sign a Master Lease Agreement with Zayo Group LLC for Sprint Small Wireless Communication Equipment Attachments on City Facilities in Public Rights-of-Way. EXECUTIVE SUMMARY The purpose of this item is to authorize the City Manager to enter into a Master License Agreement with Zayo, working on behalf of Sprint, concerning the use of the City's infrastructure and rights-of-way for small cellular equipment and associated uses. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION State and federal laws and regulations concerning deployment of small wireless facilities (SWF), also known as small cell equipment, have changed rapidly since 2016, including regulatory orders issued by the Federal Communication Commission (FCC) in September 2018, which became effective on January 14, 2019. In response to changes in Colorado law passed in 2017, which granted small cell carriers statewide access to public rights-of-way, City Council adopted amendments to the City Code and Land Use Code specific to small wireless communication equipment. Those amendments create a specific type of right-of-way encroachment permit and outline the City’s basic regulations for small cell installations and associated requirements. One requirement in the City Code for small cell carriers is that they enter into a master license agreement with the City, as the owner of the majority of infrastructure within public rights-of-way, at the time of submitting applications for new attachments or installations. Zayo, working on behalf of Sprint, approached the City in 2019 seeking a master license agreement (MLA) to create a network of SWFs within the City. Zayo and the City of Fort Collins, thereafter, began negotiating a MLA based on the previously approved agreement with Verizon Wireless (Resolution 2019-017). Through multiple iterations seeking to ensure consistency with prior agreements and stated Council priorities and goals, the two parties have come very close to reaching a tentative agreement. Staff from the City Manager’s Office, Engineering, Planning, and Utility Services departments negotiated with Zayo pursuant to principles expressed by Council in deliberations about the City Code amendments specific to SWFs. The proposed MLA grants Zayo/Sprint access for twenty years to municipal facilities in public rights-of-way, including light poles, under certain conditions, and establishes criteria for replacement of municipal facilities to support Sprint’s network. As of this writing, staff had not yet reached final agreement with Zayo, though very few points remain to be discussed and agreement is anticipated to be reached by the May 21st Council meeting. The Resolution 11 Packet Pg. 151 Agenda Item 11 Item # 11 Page 2 authorizes the City Manager to enter to an agreement that is substantially in the form as attached to the Resolution. Some key considerations within the MLA, based on Council and community concerns, are as follows: Height • Per the FCC order that went into effect January 2019, installations must be considered SWFs if their height is no more than 50 feet or 10% taller than adjacent structures, whichever is greater. This was a concern of staff and through discussions with carriers, the following criteria were set forth in the City’s form MLA and are consistent in this document: o Siting preference is given to arterial streets first, followed by collector streets, and finally on residential streets to minimize impacts to neighborhoods. o Additional order of preference requires Zayo to attach to/replace existing poles before seeking to install a new stand-alone pole. o The MLA allows for a maximum height of 45 feet for pole replacements or new poles, with limited exceptions. This number was reached in compromise in previous negotiations with carriers. Zayo has indicated that none of their proposed sites currently come into conflict with this provision. Notice to nearby Properties • During adoption of the City Code SWF amendments, Council made clear it wanted some level of notice to be provided to nearby properties when small cells were being installed. • In the MLA with Zayo, properties within a 175 foot radius will receive notice that installation of a SWF is occurring. It should be noted that residents have limited recourse to dispute or appeal the installation under state and federal law but Zayo is required to include a contact number and a description of the work to be performed. • Notice will occur for “construction work,” though it is not required for routine maintenance or for upgrading of existing equipment such as antennae. Aesthetics • In order to help mitigate negative effects of unsightly equipment or poles, the following design standards are also included in the MLA: o Camouflaging and architectural compatibility standards o Requirement to minimize height and internalize as many components as possible o Consideration to proximity to residential properties and more specifically to 1st and 2nd story windows CITY FINANCIAL IMPACTS State and federal laws cap amounts municipalities can charge annually for SWFs in addition to application fees. This MLA sets an annual license fee of $270 for the use of each municipal facility as approved by the FCC. Staff has developed administrative fees for applications and permits for the installation of SWFs and plans to recover costs incurred by Electric Utility crews during pole removal/replacement, storage and salvage. Zayo could agree to store replacement poles at their own facility and replace them as needed in concurrence with an agreed upon standard, which would likely result in a reduction of the $270 fee. Staff does not currently believe additional resources will be needed in the short term for the processing and management of SWF permitting. 11 Packet Pg. 152 Agenda Item 11 Item # 11 Page 3 BOARD / COMMISSION RECOMMENDATION Staff presented to the Energy Board regarding the adopted City Code changes and to the Planning and Zoning Board regarding the adopted Land Use Code changes in 2017. At the time, both boards were made aware that these City Code changes would inform the development and negotiation of a form MLA. Both boards recommended approval of the respective changes and no major issues were highlighted with the use of form MLAs adjusted for carrier-specific installation. PUBLIC OUTREACH Staff held an open house September 2017 to discuss the issue of cell coverage and small-cell facilities with residents. Fewer than ten residents were in attendance, and most had concerns about coverage in their respective areas of residence within the City. In general, residents seemed excited for the prospect to improve cellular service in the Fort Collins area through the use of small cell equipment. No additional outreach was held for the proposed MLA with Zayo. 11 Packet Pg. 153 -1- RESOLUTION 2019-061 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY MANAGER TO SIGN A MASTER LICENSE AGREEMENT WITH ZAYO GROUP LLP FOR SPRINT SMALL WIRELESS COMMUNICATION EQUIPMENT ATTACHMENTS ON CITY FACILITIES IN PUBLIC RIGHTS-OF-WAY WHEREAS, the City operates through the Electric Utility Enterprise light poles located in public rights-of-way throughout the City; and WHEREAS, federal and state telecommunication laws require the City to permit the attachment of small wireless telecommunication (i.e., cellular) devices on municipally owned infrastructure in public rights-of-way (“municipal facilities”); and WHEREAS, Chapter 23 of the City Code and Article 3 of the City Land Use Code establish requirements for permitting, siting and installing, and design of small wireless telecommunication facilities and equipment within the City’s municipal boundaries; and WHEREAS, pursuant to Section 23-177(d) of the City Code, carriers applying for permits to attach small wireless devices to municipal facilities must enter into a license agreement with the City to address general conditions and site-specific aspects of each attachment; and WHEREAS, in 2019 Zayo Group, LLC (“Zayo”) approached the City, on behalf of Zayo’s cellular service provider client, Sprint Wireless, to secure rights to attach to municipal facilities; and WHEREAS, City Engineering, Planning, and Electric Utility staff, and Zayo have negotiated license terms applicable to the Zayo attachments, and reduced those terms to a Master License Agreement, as attached hereto as Exhibit “A” (the “MLA”); and WHEREAS, the purpose of the MLA is to allow Zayo to attach network equipment to municipal facilities in compliance with City Code and Land Use Code and certain design parameters, and to establish criteria for Zayo to replace municipal facilities or install new structures in order to operate small wireless communication networks; and WHEREAS, Section 23-113(b)(1) and Section 23-140 of the City Code authorize the City Manager to lease or license any and all interests in property owned in the name of the City and to establish such rules and regulations governing the use of facilities owned or operated by the City, if the City Council first finds that the lease or license is in the best interests of the City; and WHEREAS, the MLA is a City Code requirement for access to public rights-of-way in the City and allows the City to comply with federal and state telecommunication laws, while maintaining reasonable control over use of municipal facilities; and WHEREAS, the license of access to attach to City light poles pursuant to the MLA will provide specific benefits to residents of the City and Electric Utility ratepayers by generating Packet Pg. 154 -2- revenues to offset maintenance, operation, and replacement of such utility-operated facilities; and WHEREAS, the Engineering, Planning, and Utility Services Departments support the conditions established in the MLA, which will allow the City and Zayo to improve local availability of wireless communication services in furtherance of City goals. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby finds that the license of access to attach to municipal facilities in public rights-of-way as provided herein is in the best interests of City residents and Electric Utility ratepayers. Section 3. That the City Manager is hereby authorized to execute a Master License Agreement in substantially the form attached hereto as Exhibit “A”, and incorporated herein by this reference, to license access by Zayo Group, LLC to municipal facilities, including light poles, in public rights-of-way on terms and conditions consistent with this Resolution, 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, as long as such changes do not materially increase the size or change the character of the property to be licensed. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 21st day of May, A.D. 2019. _________________________________ Mayor ATTEST: _____________________________ Chief Deputy City Clerk Packet Pg. 155 version – 02/2019 AGREEMENT BETWEEN THE CITY OF FORT COLLINS, COLORADO AND ZAYO GROUP, LLC FOR THE USE OF LICENSOR PROPERTY IN CONNECTION WITH THE OPERATION OF A WIRELESS NETWORK This Agreement is made and entered into by and between the CITY OF FORT COLLINS, COLORADO, a municipal corporation (“Licensor”) and Zayo Group, LLC (“Licensee”). Licensor and Licensee may be referred to herein individually as a “Party” or collectively as the “Parties.” RECITALS This Agreement is made with reference to the following Recitals, each of which is deemed to be a material term and provision of this Agreement: A. Licensor is the owner of certain municipal facilities located in public highways situated within Licensor’s city limits. B. Licensee is duly organized and existing under the laws of the State of Colorado, and its lawful successors, assigns, and transferees, are authorized to conduct business in the State of Colorado. C. Licensee currently owns and/or controls, maintains and operates a wireless communication network serving residents in the City of Fort Collins, using towers, monopoles, and other macro-cell technology (collectively the “Network”). D. For purposes of improving services within the Network, Licensee desires to construct, operate and maintain small cell communication sites from Licensor-owned light and/or utility poles and Licensor’s proprietary poles situated in the Public Highway and, for such purpose, desires to locate, place, attach, install, operate, control, and maintain antennas and other related wireless communication equipment consistent with Small Cell technology (“Equipment”) on Licensor-owned poles in the Public Highway. E. Licensee will agree to comply with Licensor’s Public Highway use requirements as provided herein and applicable Laws. F. Licensee is willing to compensate Licensor in exchange for a grant and right to use and physically occupy portions of the poles and/or the Public Highway, including, but not limited to installing Licensee’s proprietary poles in the Public Highway, as provided herein. EXHIBIT A 1 Packet Pg. 156 Attachment: Exhibit A (7987 : Master Lease Agreement with Zayo-RESO) version – 02/05/2019 2 AGREEMENT 1. Definitions and Exhibits. 1.1. Definitions. For the purposes of this Agreement and all Exhibits attached hereto, the following terms, phrases, words and derivations shall have the meaning given herein. (a) Agreement means this Agreement for the Use of Licensor Property in Connection with the Operation of a Wireless Network. (b) Attachment Fee or License Fee means that rental/pole occupation fee described in Section 4.1 of this Agreement. (c) City means the City of Fort Collins, also referred to herein as “Licensor.” (d) Code means Licensor’s Charter, City Code, and Land Use Code. (e) Equipment means Small Cell antennas and other wireless communications equipment utilizing small cell technology that is specifically identified and described in Exhibit A-1 attached to each Supplement Site License (as defined below). (f) Hazardous Substance means any substance, chemical or waste that is identified as hazardous or toxic in any applicable federal, state or local law or regulation, including but not limited to petroleum products and asbestos. (g) Interference means physical interference and radio frequency interference. (h) Laws means any applicable federal, state and local laws, statutes, constitutions, City Charter, ordinances, resolutions, regulations, judicial decisions, rules, permits, approvals or other applicable requirements of the Licensor or other governmental entity, agency or judicial authority having the force and effect of law that determines the legal standing of a matter relating to the parties and/or this Agreement. (i) Macro-cell means and includes technology associated with operating structures and equipment built for the sole or primary purpose of supporting antennas licensed or authorized by the Federal Communications Commission to provide high powered wireless communication service coverage and the antennas' associated facilities, including private, broadcast, and public safety services; unlicensed wireless services; and fixed wireless services such as backhaul. (j) Master License means the form of the license granted by this Agreement, described in Section 2 below, and as supplemented by a Supplemental Site License or Public Highway Access Grant as defined herein. Each Wireless Site will be subject to either a Supplemental Site License or a Public Highway Access Grant. 1 Packet Pg. 157 Attachment: Exhibit A (7987 : Master Lease Agreement with Zayo-RESO) version – 02/05/2019 3 (k) Municipal Facilities means those Licensor-owned poles and structures located in the Public Highway, including streetlight poles and vertical portions of traffic signal poles that are designated or approved by Licensor as suitable for hosting Equipment. (l) Network or collectively Networks means one or more of the wireless and fiber- based communications facilities operated by the Company to serve its wireless carrier customers in the City of Fort Collins, Colorado. (m) Permit means a permit issued and described in accordance with the Laws, which is used to regulate, monitor and control improvement, construction or excavation activities, or other work or activity, occurring upon or otherwise affecting the Licensor’s Public Highway. (n) Physical interference means where equipment, vegetation or a structure causes reduced use of another’s prior mounted equipment, or an obstruction in a necessary line- of-sight path. (o) Public Highway means the surface of and the space above and below the public roads, streets and alley right-of-way, and public utility easements or other public ways of any type whatsoever, now or hereafter located and existing within the city limits of Fort Collins, Colorado, and as otherwise defined at § 38-5.5-102, C.R.S. (p) Public Highway Access Grant means the form of the license granted under the scope of this Agreement for access to the Public Highway in order to attach to the poles and/or structures of a third party(s), and as described in detail on Exhibit A-A. (q) Public Property means any real property owned by the City other than Public Highways. (r) Radio frequency interference means the radiation or conduction of radio frequency energy (or electronic noise) produced by electrical and electronic devices at levels that interfere with signals from or the operation of adjacent communication equipment. (s) Small Cell means compact communication sites as defined more fully in § 29-27- 402 (4), C.R.S. (t) Supplement Site License means the form of the license granted under the scope of this Agreement for access to the Public Highway in order to attach to Municipal Facilities, or to place new freestanding Licensor-owned poles in the Public Highway, and as described in detail on Exhibit A-B. (u) Term means the period that this Agreement is in effect as described in Section 3.1 of this Agreement. (v) Wireless Site means a location on a Public Highway selected for the Licensee’s deployment of Equipment. 1 Packet Pg. 158 Attachment: Exhibit A (7987 : Master Lease Agreement with Zayo-RESO) version – 02/05/2019 4 1.2. Exhibits. The following numbered documents, which are occasionally referred to in this Agreement, are formally incorporated and made part of this Agreement by this reference: (a) Exhibit A-A: Supplement Site License (b) Exhibit A-B: Public Highway Access Grant (c) Exhibit A-1: Licensed Area and Description of Facilities (d) Exhibit B: Licensee’s Minimum Insurance Requirements (e) Exhibit C: Technical Requirements (f) Exhibit D: Operational and Design Standards (g) Exhibit E: Attachments to City Traffic Signal Facilities In the event of any conflict or ambiguity between this Agreement, including the above-referenced exhibits (the “Exhibits”), and any other agreement between Licensor and Licensee, this Agreement, together with the Exhibits, shall govern and prevail. In the event of any conflict or ambiguity between this Agreement, including the Exhibits, and any Supplement Site License or Public Highway Access Grant, the Supplement Site License or Public Highway Access Grant shall govern and prevail. 2. Site License Granted and Terms; Supplemental Site Licenses and Public Highway Access Grants. 2.1. License. Licensor, acting in its proprietary capacity as the owner of Municipal Facilities in the Public Highway, hereby grants to Licensee a nonexclusive license (the “Master License”) to use and occupy the Public Highway throughout Licensor’s territorial boundaries, as these boundaries may be adjusted from time to time due to annexations, to attach, install, operate, maintain, upgrade, remove, reattach, reinstall, relocate and replace the Equipment that may be required to operate at each approved Wireless Site. This grant is subject to the terms, conditions and other provisions set forth in this Agreement, including without limitation Exhibits C and D; the Code and operating procedures of Fort Collins Utilities, Traffic Engineering, Information Technology, Parks & Recreation, and Natural Areas; and all applicable Laws and reasonable regulations of any agency having competent jurisdiction, including limitations on the kind, size, height and width, and ownership of structures in the Public Highway, delivery of notice to adjacent property owners pursuant to Section 7.8, and the manner of attachments. Nothing under this Agreement shall be interpreted to create or vest in the Licensee an easement or other property interest to any Public Property or Public Highway or constitute an assignment of any rights to Public Property or Public Highway. The Licensee shall, at all times, be and remain a licensed user only. Nothing in this Agreement shall be interpreted as a waiver by Licensor of any amendments, rights or benefits created under the Laws that alter Licensor’s level of control over public property and/or use of the Public Highway for telecommunication purposes after execution of this Agreement. All rights of 1 Packet Pg. 159 Attachment: Exhibit A (7987 : Master Lease Agreement with Zayo-RESO) version – 02/05/2019 5 Licensee herein are subject to such amendments to the Laws, which shall be deemed to amend Licensee’s rights hereunder without regard to the Term or Licensee Fees paid by Licensee. 2.2. Use of Licensor Property. (a) The Supplement Site License allows Licensee to access, occupy and use allocated available space on each identified Municipal Facilities in Exhibit A-1 to each Supplement Site License, and to access, occupy and use the Public Highway to attach, install, operate, maintain, upgrade, remove, reattach, reinstall, relocate and replace the Equipment, solely for the purpose of Licensee operating a Small Cell Facility. The Supplement Site License also provides the conditions under which Equipment may be attached and installed at a specific location, and under which Licensee may install proprietary poles. Notwithstanding anything to the contrary herein, Equipment deployments under this Agreement shall be in compliance with the requirements of Exhibits C-E of the Master License. (b) Subject to the following limitations, Licensee shall have access to the Municipal Facilities upon which Equipment is installed 24 hours a day/7 days a week to ensure such facilities comply with the following codes and standards: • Fort Collins Utilities, Electric Service Standards • Fort Collins Sign Code • National Electric Safety Code • National Electric Code • At least seventy-two (72) hours prior written notice to Fort Collins Utilities for any non-emergency unplanned work involving de/energizing a Municipal Facility, when an electric service disconnect device is not incorporated into the connection. In the event of an emergency, Licensee shall notify and coordinate with Fort Collins Utilities System Control and Operation office (970-221-6710) before performing work on any Equipment attached to a Municipal Facility. • Licensor has the right to de-energize service to Equipment and/or deny access for public utility system maintenance outages and in the event of emergencies, including but not limited to police, fire or medical response situations, natural disasters or weather emergencies, and when Licensor’s work in the Public Highway otherwise obstructs access to the Equipment. 2.3. Limitations on Use. Except as otherwise expressly provided herein or as determined in Licensor’s reasonable discretion based on specific aspects of a proposed site, a Supplement Site License does not authorize Licensee to: (a) Occupy or use any poles, improvements or structures of any kind, whether within or without the Public Highway, other than the Licensee’s proprietary poles at approved locations, and the Municipal Facilities identified in Exhibit A-1 to a Supplement Site License; (b) Subject to Section 2.6 below, enter upon Public Property and attach, install, operate, maintain, upgrade, remove, reattach, reinstall, relocate, and/or replace any item of Equipment in or on poles or other structures not owned by either Party located in the Public Highway; nor 1 Packet Pg. 160 Attachment: Exhibit A (7987 : Master Lease Agreement with Zayo-RESO) version – 02/05/2019 6 (c) Place any free-standing structure, not including a replacement pole as described in Section 6, • along the frontage of a locally-designated historic building or other structure subject to Section 106 of the National Historic Preservation Act (NHPA); 16 U.S.C. 470f; • other than in alignment with existing trees, utility poles, and streetlights; • less than 10 feet from the triangle extension of an alley way flare (to preserve access); or • within 100 feet of the apron or access curb cut of a fire station or other adjacent emergency service facility. 2.4 Priority. Licensee’s Equipment may be attached to structures as identified in Sections 2.2 and 2.6 in Public Highways with the following order of priority of attachment, except as set forth below or as agreed between the Parties and with a preference for location on arterial streets before collector streets, and collector streets before neighborhood streets: (i) Existing light poles lawfully owned and operated by Licensor, a public utility company, or a third-party property owner; then, (ii) Existing facilities lawfully owned and operated by a public utility company or third-party property owner; and then (iii) Municipal Facilities other than street lighting poles, including traffic poles; and then (iv) Poles installed by Licensee at its own expense at locations in the Public Highway and title thereto assigned to Licensor). Locations may be requested based upon Licensee’s technical and radio frequency needs and construction costs, but in any situation where Licensee has a choice of Equipment locations, Licensee shall use good faith efforts to attach to poles in the order indicated above provided, in Licensee’s sole discretion, that (a) such poles are at least equally suitable functionally for the operation of Licensee’s network and (b) the construction and installation burden associated with such attachment over the length of the Term are similar to Licensee’s burden to attach to a pole in the category(ies) below it. Nothing herein is intended to limit any rights Licensee may have in accordance with Laws or the Code to install proprietary poles in the Public Highway if adequate Municipal Facilities or third- party facilities do not exist for the attachment of Equipment, so long as such poles comply with Exhibits C-E and all local standards adopted under Licensor’s police powers. 2.5 Alterations. Notwithstanding anything in the Agreement to the contrary, alterations shall be subject to permitting required under Laws, but shall not be subject to additional Licensor approval, to the extent that: (i) such alterations to the attachment involve only substitution of internal components, and do not result in any change to the external appearance, dimensions, or weight of the attachment, or loading impacts on the pole as approved by Licensor or impact multi- modal traffic flow; or (ii) such alterations involve replacement of the attachment with an 1 Packet Pg. 161 Attachment: Exhibit A (7987 : Master Lease Agreement with Zayo-RESO) version – 02/05/2019 7 attachment that is the same, or smaller in weight and dimensions as the approved attachment and does not impact multi-modal traffic flow. In addition to any other submittal requirements, and if requested by Licensor, Licensee shall provide “load” (structural) calculations for all Municipal Facilities upon which it intends to alter Equipment in the Public Highway. Notwithstanding the foregoing, Licensee may alter its Equipment with like-kind or similar Equipment without prior written approval of the Licensor. 2.6 Additional Installations. The Public Highway Access Grant allows Licensee access to the Public Highway to install its Equipment on existing poles or structures in the Public Highway lawfully owned and operated by third parties. Subject to obtaining the written permission of the owner(s) of the affected pole or structure and any required Permits (and paying any standard fees), Licensor hereby authorizes and permits Licensee to enter upon the Public Highway and to attach, install, operate, maintain, remove, reattach, reinstall, relocate, and replace Equipment in or on existing third-party owned poles or other structures in the Public Highway. There will be no Attachment Fee or License Fee due to Licensor for a Public Highway Access Grant. Notwithstanding anything to the contrary contained herein, all attachments to third-party-owned poles must comply with Exhibits C and D and applicable Laws, and Licensee must provide public notice of the installation as required by Section 7.8. Licensee shall have access to the Public Highway 24 hours a day/7 days a week. Licensee acknowledges that it may have to relocate its Equipment on third-party poles in the Public Highway at its expense if the third party is required to underground its equipment, and Licensor shall have no liability or responsibility for any such costs. 3. Term of Supplements and Agreement; Cancellation; Termination; Removal or Abandonment at Expiration. 3.1. Agreement Term. This Agreement shall be in effect for a period of twenty (20) years commencing on the date that this Agreement is fully executed (the “Execution Date”), and expiring on the EARLIER of (a) the twentieth (20 th ) anniversary of the Execution Date, or (b) the expiration of the last Supplement Term (unless sooner cancelled or terminated as provided in this section 3) (the “Term”). 3.2. Supplement Term. Subject to the remaining balance of the Agreement Term under Section 3.1, each Supplement Site License or Public Highway Access Grant shall be in effect for a period of up to fifteen (15) years commencing on the “Commencement Date” determined in accordance with each Supplement Site License or Public Highway Access Grant, and expiring on the day before the fifteenth (15 th ) anniversary of the Commencement Date unless sooner cancelled or terminated as provided herein (the “Supplement Term”). Licensee shall commence construction of the Site within twelve (12) months of signature of the Supplement Site License. Provided Licensee is not in breach of the Master License, Supplement Site License, or Public Highway Access Grant, the Supplement Term will automatically be extended for successive five (5) year periods (each, a “Renewal Term”), with the first Renewal Term commencing immediately upon the expiration of the initial period of the Supplement Term, and each additional Renewal Term commencing immediately upon the expiration of the preceding Renewal Term unless notice of non-extension is provided to Licensee by Licensor prior to the commencement of the succeeding Renewal Term or the underlying Agreement Term will expire in less than five years. All of the 1 Packet Pg. 162 Attachment: Exhibit A (7987 : Master Lease Agreement with Zayo-RESO) version – 02/05/2019 8 provisions of this Agreement shall be in effect during the Supplement Term and any Renewal Term. At no time shall a Supplement Term create a right that extends beyond the Agreement Term described in Section 3.1 and as may be extended by subsequent written agreement of the Parties. 3.3 Licensee Cancellation. Licensee may cancel this Agreement or any Supplement Site License or Public Highway Access Grant before the date of expiration by providing the Licensor with ninety (90) days express written notice of cancellation. Any prepaid License Fee shall be retained by Licensor, and Licensee shall continue to pay the License Fee, if applicable, for each affected site until Licensee has removed all equipment at such site and restored Licensor’s property to its original condition, normal wear and tear excepted. This Agreement and all Supplement Site Licenses and Public Highway Access Grants may only be cancelled or terminated as provided in this Agreement or in the Supplement Site License or Public Highway Access Grant. 3.4. Abandonment. If Licensee abandons or discontinues the use of a Municipal Facility, a third-party pole or a Licensee proprietary pole for a period of six (6) or more consecutive months, Licensee is deemed to surrender all license rights and agrees to remove all Equipment for such location at Licensee’s expense. In the event Licensee is unable or refuses to remove such Equipment upon abandonment and does not elect to transfer title and ownership of such Equipment to Licensor as-is, Licensor may authorize removal and Licensee shall be responsible for all costs incurred for such removal, including by lien(s) against the Licensee property described in the associated Supplement Site License or Public Highway Access Grant. Licensee shall continue to pay a License Fee for each affected site until all equipment at such site has been removed and Licensor’s property restored to its original condition, normal wear and tear excepted. Licensor reserves the right to monitor operation of all Licensee attachments and provide Licensee with notice under this Section for removal of abandoned Equipment. 4. Fees and Charges. Licensee shall be solely responsible for the payment of all fees and charges in connection with Licensee’s performance under this Agreement, including those set forth as follows: 4.1. License Fee. (a) Annual Fee. Licensee shall pay to Licensor an annual fee equal to $270.00 for the use of each Municipal Facility by Licensee pursuant to a Supplement Site License, as of the Commencement Date for each Supplement Site License, in order for Licensee to occupy and use space on the Municipal Facilities. Such annual fee may be reduced, as set forth in a Supplement Site License, in the event Licensee agrees to store spare poles and meet service level standards for pole replacements in the event of damage or end of useful life. In the event any Law provides Licensee the right to use the Municipal Facilities at an annual rate less than the rate set forth herein, and specifically preempts the Licensor’s ability to continue the License Fee through the duration of the Term, the annual License Fee shall be reduced to such amount on the next anniversary of the Commencement Date (Licensee expressly waives any right to an earlier adjustment even if required by such Law) for all existing Supplement Site Licenses, and all new Supplement Site Licenses shall be entered into at such new rate. In such event, the Parties shall enter into an amendment to 1 Packet Pg. 163 Attachment: Exhibit A (7987 : Master Lease Agreement with Zayo-RESO) version – 02/05/2019 9 this Agreement documenting such amount. The annual License Fee shall not apply or be charged for attachments to third party facilities in the Public Highway. (b) Fee Payment. The annual fee paid per Municipal Facility location is non- refundable and is payable within ninety (90) days of the initial Commencement Date, and on or before each subsequent annual anniversary of the Commencement Date during the Supplement Term (or until such earlier time as such Supplement Site License is terminated). Upon agreement of the Parties, Licensee may pay the License Fee by electronic funds transfer and in such event, Licensor agrees to provide to Licensee bank routing information for such purpose upon request of Licensee. For any party to whom rental payments are to be made, Licensor or any successor in interest of Licensor hereby agrees to provide to Licensee (i) a completed, current version of Internal Revenue Service Form W-9, or equivalent; and (ii) complete and fully executed state and local withholding forms if required. Rental shall accrue in accordance with this Agreement, but Licensee shall have no obligation to deliver rental payments until the requested documentation has been received by Licensee. Upon receipt of the requested documentation, Licensee shall deliver the accrued rental payments as directed by Licensor. 4.2. Permit. No payment is collected under this Agreement for any Permit issued in connection with the installation of Equipment at any Municipal Facility. Permit requirements, fees and charges are solely governed by the requirements imposed by the Code. 4.3 Taxes. Licensee shall pay all applicable city, county and state taxes levied, assessed, or imposed by reason of this Agreement or those related to any of Licensee’s Equipment and/or provided services. 4.4. Utilities and Electric Meter. The Licensee will be responsible for telephone, cable, broadband, electric and any other utility service used or consumed by the Licensee in connection with using its Equipment. In no event will the Licensee secure its utilities by sub-metering from the City. Licensee shall install or cause to be installed a separate electric meter on a ground mounted pedestal or on Licensee’s pad mounted equipment cabinet as required by the electric provider for the operation of its Equipment. Licensee shall be responsible for paying all charges for any electricity furnished to serve the Equipment. 4.5. Payments Made. All fees and/or additional payments shall be payable to Licensor at: Finance Department City of Fort Collins Streetlight account P.O. Box 580 Fort Collins, CO 80522-0580 or to such other persons or at such other places as Licensor may designate in writing. All payments shall be in lawful money of the United States of America. 1 Packet Pg. 164 Attachment: Exhibit A (7987 : Master Lease Agreement with Zayo-RESO) version – 02/05/2019 10 5. Additional License and Permits Required by Code. To the extent not in contravention of any applicable Law, all Equipment will be installed, operated and maintained by or on behalf of Licensee in accordance with applicable provisions of the Code regulating wireless communications facilities. Licensee or its designee may be required to apply for and obtain a local government Permit for work performed within the Public Highway, and the Public Highway will be used according to the plans submitted by Licensee and approved pursuant to a Permit. Execution of this Agreement or any Supplement Site License or Public Highway Access Grant does not constitute the issuance of such a Permit though may be a condition to receiving such a permit. 6. Basic Design and Installation Requirements for Using Municipal Facilities. The basic design of the Equipment will be described in Exhibit A-1 to each Supplement Site License. All of Licensee’s construction and installation work for its Equipment on the Municipal Facilities shall be performed at Licensee’s sole cost and expense and in a good and workmanlike manner and promptly completed. When Licensee and Licensor have agreed on a Municipal Facility as a suitable site for Licensee’s Equipment based on aesthetic or structural considerations, but the existing Licensor- owned pole needs to be replaced to accommodate the Equipment, then Licensee shall pay all costs related to replacing the Licensor-owned pole, including but not limited to installation of the replacement pole (the “Replacement Pole”), transfer of the streetlight fixtures, traffic signal, and/or other items attached to the existing Licensor-owned pole to the Replacement Pole, and removal and salvage of the existing Licensor-owned pole to the Licensor. Payment of the pole replacement costs does not provide Licensee with any ownership interest in the Replacement Pole. Licensor will be deemed to own the original Licensor-owned pole and the Replacement Pole. The installation or attachment of the Equipment to the Replacement Pole shall be at Licensee’s sole cost and expense and at the request of Licensor may be required to be designed for collocation with other licensees. If a Replacement Pole needs to be replaced because of damage due to an accident, natural disaster or other cause, or is at the end of its useful life, Licensor shall be responsible for the cost of a standard Licensor-owned pole and Licensee shall be responsible for the cost of replacement above the cost of a standard Licensor-owned pole, if a higher standard is required to host Licensee’s Equipment. 7. Common Conditions or Requirements Applicable to Supplement Site Licenses or Public Highway Access Grants Approved Under this Agreement. 7.1. Equipment Locations. (a) For each installation, Licensee or its designee shall submit plans and specifications for Licensor review and approval, which approval shall not be unreasonably withheld, conditioned or delayed. Upon Licensor approval, the approved plans are inserted in Exhibit A-1 to the applicable Supplement Site License or Public Highway Access Grant. If Licensee desires to change or add new locations, Licensee will submit a proposed Supplement Site License indicating the additional Municipal Facilities for which it seeks permission to use and a list of immediately adjacent property owner(s). (b) All proprietary poles installed by or at the request of Licensee shall be located preferably closest to the corner of two intersecting streets, within alleyways where feasible, or closest to the common side yard property line between adjacent adjoining properties, and as generally set forth in Section 2.3(c). 1 Packet Pg. 165 Attachment: Exhibit A (7987 : Master Lease Agreement with Zayo-RESO) version – 02/05/2019 11 (c) Licensee shall maintain a current inventory of Wireless Sites governed by this Agreement throughout the Term. Once during the initial term and during each extension term, as described in Section 3.2, Licensee shall provide to Licensor, upon Licensor’s request, an inventory of Wireless Sites under each active Supplement Site License or Public Highway Access Grant. Licensee shall otherwise provide to Licensor, at Licensor’s reasonable request, a copy of the inventory of Wireless Sites governed by this Agreement within ninety (90) days of such request. Licensor’s request for a current inventory shall be limited to no more than one time per calendar year throughout the Term. The inventory shall include GIS coordinates, date of installation, the Licensee Site ID#, type of pole used for installation, and pole owner at each Wireless Site. (d) If Licensor determines there are unauthorized Wireless Sites after comparing the inventory of Wireless Sites to internal records or through any other means, Licensor shall provide written notice to the Licensee of such unauthorized Wireless Sites and the Licensee shall have thirty (30) days thereafter in which to submit an application request for a Supplement Site License or Public Highway Access Grant, as appropriate for that location, or alternatively to remove the Equipment and restore the property at the Licensee’s expense. If the Licensee fails to submit a request for a Supplement Site License or Public Highway Access Grant, or if the request is denied, then Licensee shall remove the Equipment from the Public Highway and restore the property at its expense within thirty (30) days, unless a different time period is agreed to by the Parties. If the request is approved, the Licensee must pay the required fees (if any) for a new Wireless Site plus interest at the rate of eight percent (8%) per annum from the date of the original installation. 7.2. Damage to Licensor Property. If Licensee damages or disturbs the surface or subsurface of any Public Highway or adjoining property, pole, streetlight fixture, traffic signal, landscaping, or other public or private improvement, in the exercise of the rights granted through this Agreement, Licensee will promptly, at its own expense, and in a manner reasonably acceptable to Licensor and all affected property owners, repair the damage or disturbance within thirty (30) days of the damaging event. 7.3. Public Emergency. In the event of an emergency or to protect the public health or safety, prior to the Licensor accessing or performing any work on a Municipal Facility on which Licensee has installed Equipment, Licensor may require Licensee to deactivate such Equipment if any of Licensor’s employees or agents must move closer to the Equipment than the FCC recommended minimum distance. In such case, Licensor will contact Licensee at 800-264-6620 to request immediate deactivation. If Licensee refuses to or does not act within two (2) hours of such notice, Licensee’s consent will be deemed given and Licensor may proceed as reasonably necessary to protect public and utility personnel safety in Licensor’s sole discretion. 7.4. Pole Replacement. (a) Subject to Sections 6 and 7.4(f), if a Municipal Facility needs replacement or repair, Licensee shall have the right, but not the obligation, to immediately replace the same at Licensor’s cost up to the amount Licensor would pay for the replaced material under then- 1 Packet Pg. 166 Attachment: Exhibit A (7987 : Master Lease Agreement with Zayo-RESO) version – 02/05/2019 12 current practices. In such event, Licensor shall reimburse Licensee within thirty (30) days of Licensee’s receipt of an invoice. However, in the event Licensee elects in writing to have Licensor replace the Municipal Facility, Licensor shall perform such replacement within thirty (30) days thereafter, and Licensee shall cooperate with Licensor to temporarily relocate its Equipment, if necessary. Upon completion of the replacement, Licensor shall notify Licensee in order for Licensee to reinstall its Equipment. (b) At Licensee’s option, Licensee may provide to Licensor, at Licensee’s cost, a spare pole sufficient to serve as a replacement pole, which will be stored at Licensor’s Utility Services Yard (the “Yard”) or may be stored by Licensee at a separate site (as set forth in a Supplement Site License), and which will be available for use by Licensor and Licensee to replace the Municipal Facility as provided in this Section 7.4. (c) In the event Licensee provides a spare pole to be stored in the Yard, and in lieu of Licensee performing the replacement, Licensor will use the spare pole to replace a damaged existing pole within forty-eight (48) hours of its receipt of notice regarding the need for replacement and shall deposit the damaged pole and any damaged Equipment in the Yard. (d) Licensor will contact Licensee to pick up the damaged Equipment and Licensee can reinstall its Equipment once the replacement pole is installed and functioning as a Municipal Facility. (e) In the event Licensee provides a spare pole to be stored in the Yard, Licensee shall have the right to temporarily use another Municipal Facility for its operation during the replacement period at a location reasonably acceptable to the Parties. (f) In the event Licensor is responsible for replacing the Municipal Facility with a Replacement Pole, Licensor shall only be responsible for the cost of a standard pole, and Licensee shall be responsible for the cost of the Replacement Pole in excess of the cost of a standard pole. 7.5. Removal and Relocation. (a) Licensee understands and acknowledges that Licensor may require Licensee to relocate one or more of its Equipment installations. Licensee shall at Licensor’s direction and upon the longer of ninety (90) days prior written notice to Licensee or, the written notice period provided by any third party if a third party is requiring the relocation of Licensee’s Equipment installation in the Public Highway, relocate such Equipment at Licensee’s sole cost and expense whenever Licensor reasonably determines that the relocation is needed for any of the following purposes: (i) if required for the construction, modification, completion, repair, relocation, or maintenance of a Licensor or other public agency project; (ii) because the Equipment is interfering with or adversely affecting proper operation of Licensor-owned poles, traffic signals, communications, or other Municipal Facilities; or (iii) Licensor is abandoning or removing the Municipal Facility. In any such case, Licensor shall use reasonable efforts to afford Licensee a reasonably equivalent 1 Packet Pg. 167 Attachment: Exhibit A (7987 : Master Lease Agreement with Zayo-RESO) version – 02/05/2019 13 alternate location and shall expedite permitting for the alternate location. If Licensee shall fail to relocate any Equipment as requested by the Licensor in accordance with the foregoing provision, Licensor shall be entitled to remove or relocate the Equipment at Licensee’s sole cost and expense, without further notice to Licensee. Licensee shall pay to the Licensor actual costs and expenses incurred by the Licensor in performing any removal work and any storage of Licensee’s property after removal, within thirty (30) days of the date of a written demand for this payment from the Licensor. (b) In the event Licensee desires to relocate any Equipment from one Municipal Facility to another, Licensee shall so advise Licensor. Licensor will use reasonable efforts to accommodate Licensee by making another reasonably equivalent Municipal Facility available for use in accordance with and subject to the terms and conditions of this Agreement. (c) In lieu of the relocation of Licensee’s Equipment, in the case of an abandonment or removal of a Municipal Facility as provided in Section 7.5(a) (iii), unless the Municipal Facility is needed for a legitimate Licensor purpose, Licensee shall have right to purchase the Municipal Facility, and continue to use the same pursuant to the then existing Supplement Site License, at a commercially reasonable price commensurate with its then existing value and terms agreeable to the Parties. Licensee and Licensor shall document such transfer of ownership via a commercially reasonable bill of sale. 7.6. Non-exclusiveness. Subject to Section 7.7(d), the rights and privileges granted to Licensee under this Agreement, and each Supplement Site License or Public Highway Access Grant described herein, are nonexclusive and may be subject to collocation requirements set by Law. 7.7. Non-interference. The following provisions shall apply to ensure and/or avoid interference (both physical and radio frequency) resulting from Licensee’s installation, operation and/or maintenance of a Wireless Site: (a) RF Interference. Licensee shall ensure its Equipment will not cause radio frequency interference with Licensor’s wireless communication facilities or devices, cable television, broadcast radio or television systems, satellite broadcast systems, or Licensor traffic, public safety or other communications signal equipment at any time of Equipment operation. (b) Existing Uses. Licensee shall not interfere in any manner with any uses of public property including Public Highway, sanitary sewers, water mains, storm drains, gas mains, poles, aerial and underground electric and telephone wires, streetlight fixtures, cable television, and other telecommunications, utility, and municipal property without the express written approval of the owner(s) of the affected property or properties. (c) Licensor Communications. Licensee shall not interfere in any manner with current or future Licensor or other government public safety, broadband, utility, or other communication systems. 1 Packet Pg. 168 Attachment: Exhibit A (7987 : Master Lease Agreement with Zayo-RESO) version – 02/05/2019 14 (d) Licensor Interference. Licensor reserves the right, but no corresponding obligation, to maintain and operate its Municipal Facilities in such reasonable manner as will best enable Licensor to fulfill its own service requirements or obligations. However, Licensor agrees to use reasonable efforts such that Licensor and/or any other tenants, licensees, or users of the Public Highway who currently have or in the future take possession of space within the Public Highway will be permitted to install only such equipment that is of the type and frequency which is designed to comply with then existing industry standards regarding potential interference with the then existing Equipment of Licensee. (e) Remedies. Without limiting any other rights or remedies, if interference occurs and continues for a period in excess of forty eight (48) hours following notice to the interfering party via telephone to Licensee’s Network Operations Center at (800) 621-2622) or to Licensor at the Fort Collins Utilities System Control and Operation office (970-221-6710), the interfering party shall or shall require any other user of a Municipal Facility to reduce power or cease operations of the interfering equipment until the interference is cured under reasonable commercial standards. The Parties acknowledge there may not be an adequate remedy at law for noncompliance with the provisions of this Section 7.7 and therefore the Parties shall have the right to equitable remedies such as, without limitation, injunctive relief. 7.8 Adjacent Property Owner Notices. (a) Except in the case of an emergency involving public safety or an outage, or service interruption to a large number of customers, Licensee shall give reasonable advance notice to private residential property owners of construction work on or in adjacent rights-of-way, as provided in this section. “Construction work” shall include excavation, boring, assembly, rehabilitation, renovation, remodeling or improvement of any structure or facility in the Public Highway or adjacent to a sidewalk beside the Public Highway, including associated landscaping, parking, equipment or furnishings for such work. (b) In particular, the following requirements shall apply to nonemergency activity in Public Highways when the activity adjoins residentially zoned property or property shown in the Larimer County Assessor’s Records as “residential,” and will not be completed and restored in a period of two weeks or less. (1) Licensee shall either: (A) At least seventy-two hours before commencement of any work in the Public Highway, (i) post and maintain a notice that is located at the beginning and end points of the activity, and (ii) deliver notice to each address in the area of the activity and within one hundred seventy-five feet of its boundaries; or (B) At least fifteen calendar days before commencement of any work in the Public Highway, provide written notice individually to each address in the area of the Public Highway work and within one hundred seventy-five linear feet of its boundaries. 1 Packet Pg. 169 Attachment: Exhibit A (7987 : Master Lease Agreement with Zayo-RESO) version – 02/05/2019 15 (2) For good cause, Licensor may require Licensee to employ a combination of the notices required by subsection (b)(1) of this section. (3) The notices required by subsection (b)(1) of this section shall include the name, telephone number, and address of the owner and use permittee, a description of the work to be performed, the duration of the work, and the name, address, and telephone number of a person who will provide information to and receive comments from any member of the public concerning the work. Posted notices shall be in a format and size acceptable to Licensor. 8. Damage to Licensee’s Equipment. In the event of any damage to Licensee’s Equipment, Licensor shall have no liability or responsibility to repair the same unless such damage arose from the negligence or willful misconduct of Licensor, its employees, agents, or contractors; provided however, in such case, Licensor’s liability shall be limited to the cost to repair or replace the same, subject to Section 6. Licensor’s standard requirements for notification and processing of claims through Licensor’s Risk Management department shall also apply. 9. Title and Ownership. 9.1. Title to the Municipal Facility. Title to the Equipment, exclusive of the Municipal Facility (original or replacement) used for support and poles transferred to Lessor, but including ground mounted equipment, shall remain with Licensee and shall constitute Licensee’s personal property and equipment, and not fixtures or improvements attached to the land. 9.2. No Ownership in Licensor Property. Neither this Agreement, nor any license issued herein, nor any Permit separately issued for installation of any Equipment, regardless of the payment of any fees and charges, shall create or vest in Licensee any ownership or property rights in any portion or elements of the Municipal Facilities, the underlying real property on which any Licensor-owned poles or any Equipment is located, or any portion of the Public Highway. Additionally, except as otherwise expressly provided herein, Licensee acknowledges that this Agreement does not constitute or create a leasehold interest or right to the benefit of any Licensor property or portion thereof. Nothing contained in this Agreement shall be construed to compel Licensee to construct, retain, extend, place, or maintain any poles or other facilities for the benefit of Licensor which are not needed for Licensee’s own service requirements. 9.3 “As Is” Condition. Subject to this Section 9, Licensee accepts the Municipal Facilities identified in any Supplement Site License, or any Replacement Pole, in its “AS IS” condition, without representation or warranty of any kind by Licensor, or any Licensor officer, agent, or employee, and subject to all applicable laws, rules and ordinances governing the use of the Municipal Facility for Licensee’s intended purpose. 10. Maintenance and Repair. Subject to Section 7.2, Licensor shall maintain and keep the Municipal Facility containing Equipment in accordance with Licensor’s ordinary maintenance standards, at its sole cost and expense. Licensee shall keep the Equipment and other improvements by Licensee on the Municipal Facility, if any, in good condition and repair. Licensee shall maintain and 1 Packet Pg. 170 Attachment: Exhibit A (7987 : Master Lease Agreement with Zayo-RESO) version – 02/05/2019 16 keep all proprietary poles containing Equipment in accordance with Licensor’s ordinary maintenance standards, at Licensee’s sole cost and expense. 11. Hazardous Substances. Licensee agrees that Licensee, its contractors, subcontractors and agents, will not use, generate, store, produce, transport or dispose any Hazardous Substance on, under, about or within the area of a Municipal Facility or the Public Highway in which it is located in violation of any applicable federal, state, county, or local law or regulation. Except to the extent of the negligence or intentional misconduct of Licensor, Licensee will pay, indemnify, defend and hold Licensor harmless against and to the extent of any loss or liability incurred by reason of any Hazardous Substance produced, disposed of, or used by Licensee, or any agent of Licensee, pursuant to this Agreement. Licensee will ensure that any on-site or off-site storage, treatment, transportation, disposal or other handling of any Hazardous Substance will be performed by persons who are properly trained, authorized, licensed and otherwise permitted to perform those services. The Parties recognize that Licensee shall not be responsible for any environmental condition or issue except to the extent resulting from Licensee’s specific activities and responsibilities under this Agreement. 12. Indemnity and Waiver. (a) Licensee shall indemnify and hold the Licensor harmless against any claim of liability or loss from personal injury or property damage resulting from or arising out of the negligence or willful misconduct of the Licensee, its employees, contractors or agents. The Licensor will provide the Licensee with reasonably prompt, written notice of any claim covered by this indemnification; provided that any failure of the Licensor to provide any such notice, or to provide it promptly, shall not relieve the Licensee from its indemnification obligation in respect of such claim, expect to the extent the Licensee can establish actual prejudice and direct damages as a result thereof. The Licensor will cooperate appropriately with the Licensee in connection with the Licensee’s defense of such claim. The Licensee shall defend Licensor, at the Licensor’s request, against any claim with counsel reasonably satisfactory to the Licensor. The Licensee shall not settle or compromise any such claim or consent to the entry of any judgment without the prior written consent of Licensor and without an unconditional release of all claims by each claimant or plaintiff in favor of Licensor. (b) In consideration for the rights granted under this Agreement, the Licensee waives all claims, demands, causes of action, and rights it may assert against Licensor and its officials, personnel, agents, and representatives because of any loss, damage, or injury to any Equipment, or any loss or degradation of service resulting from the installation, operation, maintenance, or malfunction of Equipment regardless of cause. 13. Insurance Requirements. 13.1. Licensee’s Insurance. Licensee shall procure and maintain insurance in the amounts and form specified in attached Exhibit B. Licensee shall also produce insurance certificates from any sublicensee, naming the City and Licensee as additional insured. 1 Packet Pg. 171 Attachment: Exhibit A (7987 : Master Lease Agreement with Zayo-RESO) version – 02/05/2019 17 13.2. Certificates. If a Certificate of Insurance or Self-Insurance is submitted as verification of coverage by Licensee or a sublicensee, Licensor will reasonably rely upon the Certificate as evidence of coverage, but this acceptance and reliance will not waive or alter in any way the insurance requirements or obligations of this Agreement. If any of the required policies expire during the life of this Agreement, Licensee must forward renewal or replacement Certificates, including certificates verifying sublicensee coverage, to Licensor within fifteen (15) business days after the renewal date containing all necessary insurance provisions. Failure to submit to Licensor and maintain current certificates of insurance shall be deemed abandonment by Licensee and any sublicensees of all privileges under this Agreement and require Licensee to enter into a new agreement with Licensor to access any Municipal Facility. 13.3 Licensor’s Insurance. Licensor shall, at its sole cost and expense, maintain general liability insurance with such limits as Licensor may determine to be appropriate from time to time. Nothing herein is intended as a waiver of the provisions and protections of the Colorado Governmental Immunity Act, C.R.S. Sec. 24-10-101 et seq. 14. Assignment/Subletting; Collocation. 14.1. Sub-Tenants and Sub-Licensees. The parties acknowledge Licensee intends to provide access to the Wireless Sites installed under this Agreement to direct wireless service providers (customers) through sub-leases, licenses or similar agreements, which instruments shall be subject to prior approval by Licensor, which shall not be unreasonably withheld. (a) In all such cases, Licensee shall remain directly responsible to Licensor for all obligations hereunder and assumes all liability for such customers’ execution of the access rights and obligations described herein. In addition, Licensee shall require its customers agree to be subject to all terms, conditions and obligations of this Agreement and all Supplement Site Licenses as they may relate to any use of the Wireless Sites, including installation of separate electric meter services, and that customers shall further comply with all Applicable Laws. (b) The parties acknowledge and agree Licensee’s service to customers may include “turnkey service” whereby Licensee installs Equipment to which its customer owns legal title. As part of “turnkey service”, Licensee (including its contractors and agents) will be the responsible party for all operation, repair and maintenance of Equipment under this Agreement. If a Licensee customer desires to operate, repair and maintain the Equipment it is understood that such customer must first obtain a Master License Agreement directly from Licensor. (c) Subject to Section 14.3, this Agreement and the related rights and privileges may not be assigned or otherwise transferred without the express written consent of Licensor, which consent shall not be unreasonably withheld, conditioned or delayed. Any Agreement which is assigned or otherwise transferred pursuant to this Section shall be equally subject to all obligations and privileges of this Agreement including any amendments, which will remain in effect, as if the assigned Agreement was the original Agreement. After assignment, this 1 Packet Pg. 172 Attachment: Exhibit A (7987 : Master Lease Agreement with Zayo-RESO) version – 02/05/2019 18 Agreement, including any amendments, shall be binding on the assignee to the full extent that it was binding upon Licensee. 14.2. Any non-permitted transfer or assignment of the right to attach Equipment to a Municipal Facility shall be void and not merely voidable. Licensor, in its sole discretion and in addition to all other lawful remedies available to Licensor under this Agreement, may collect from Licensee any fees owed by Licensee (or sublicensees) without prejudicing any other right or remedy of Licensor under this Agreement. No cure or grace periods shall apply to transfers or assignment prohibited by this Agreement or to the enforcement of any provisions of this Agreement against a transferee or assignee who did not receive Licensor’s consent. 14.3. Notwithstanding anything to the contrary in this Section 14, without any approval or consent of Licensor, this Agreement and/or any Supplement Site License may be sold, assigned or transferred by Licensee to (i) any entity in which Licensee directly or indirectly holds a controlling equity or similar interest; (ii) any entity which directly or indirectly holds a controlling equity or similar interest in Licensee; or (iii) any entity directly or indirectly under common control with Licensee. Licensee may assign this Agreement and/or any Supplement Site License to any entity which acquires all or substantially all of Licensee’s assets in the market defined by the FCC in which the Municipal Facility is located due to a merger, acquisition or other business reorganization without approval or consent of Licensor. 14.4 Collocation. Subject to collocation requirements set by Law, unless the Parties agree otherwise in a Supplement Site License, Licensor reserves the right to administer all rights associated with collocation of parties who are not Licensee’s customers. Licensor shall coordinate with Licensee for collocated attachments, and in its sole discretion may collect from collocating parties a proportionate charge, based on the Replacement Pole costs incurred by Licensee, plus an inflation factor based upon the benefit conferred on a collocating party. Licensee may receive such collected collocator reimbursements for up to five years after installation of a Replacement Pole. 15. Default. 15.1 Default of Licensee. a. Licensor shall provide Licensee with a written notice of any violation of this Agreement, and a thirty (30) day period within which Licensee may: (i) demonstrate that a violation does not exist, (ii) cure the alleged violation, or (iii) if the nature of the alleged violation prevents correction thereof within 30 days, to initiate a reasonable corrective action plan, including a projected completion date, subject to Licensor’s written approval, which approval will not be unreasonably withheld. b. If Licensee fails to disprove or correct the violation within thirty (30) days or, in the case of a violation which cannot be corrected in 30 days if Licensee has failed to initiate a reasonable corrective action plan and to correct the violation within the specified time frame, then Licensor may declare in writing that Licensee is in default. 1 Packet Pg. 173 Attachment: Exhibit A (7987 : Master Lease Agreement with Zayo-RESO) version – 02/05/2019 19 15.2 Default of Licensor. a. Licensee shall provide Licensor with a written notice of any violation of this Agreement, and a thirty (30) day period within which Licensor may: (a) demonstrate that a violation does not exist, (b) cure the alleged violation, or (c) if the nature of the alleged violation prevents correction thereof within 30 days, to initiate a reasonable corrective action plan, including a projected completion date, subject to Licensee’s written approval, which approval will not be unreasonably withheld. b. If Licensor fails to disprove or correct the violation within thirty (30) days or, in the case of a violation which cannot be corrected in 30 days if Licensor has failed to initiate a reasonable corrective action plan and to correct the violation within the specified time frame, then Licensee may declare in writing that Licensor is in default. 15.3 Bankruptcy. The Parties expressly agree and acknowledge that it is their intent that in the event Licensee shall become a debtor in any voluntary or involuntary bankruptcy proceeding (a “Proceeding”) under the United States Bankruptcy Code, 11 U.S.C. 101, et seq. (the “Bankruptcy Code”), for the purposes of proceeding under the Bankruptcy Code, this Agreement shall be treated as an unexpired lease of nonresidential real property under Section 365 of the Bankruptcy Code, 11 U.S.C. 365 (as may be amended), and, accordingly, shall be subject to the provisions of subsections (d)(3) and (d)(4) of said Section 365 with the exception that Licensor waives any requirement for Licensee to assume or reject this Agreement earlier than prior to confirmation of a plan. Any person or entity, to which Licensee’s rights, duties and obligations under this Agreement are assigned pursuant to the provisions of the Bankruptcy Code, shall be deemed without further act to have assumed all the obligations of Licensee arising under this Agreement both before and after the date of such assignment. Any such assignee shall upon demand execute and deliver to Licensor an instrument confirming such assumption. Any monies or other considerations payable or otherwise to be delivered in connection with such assignment shall be paid to Licensor, shall be the exclusive property of Licensor, and shall not constitute property of Licensee or of the estate of Licensee within the meaning of the Bankruptcy Code. Any monies or other considerations constituting Licensor’s property under the preceding sentence not paid or delivered to Licensor shall be held in trust for the benefit of Licensor and be promptly paid to Licensor. 16. Termination/Revocation. In the event of a Default, without limiting the non-defaulting party in the exercise of any right or remedy which the non-defaulting party may have by reason of such Default, the non-defaulting Party may terminate this Agreement if the Default affects all Supplement Site Licenses and the Agreement as a whole, or any Supplement Site License subject to the Default, and/or pursue any remedy now or hereafter available to the non-defaulting Party under the Laws or judicial decisions of the State of Colorado. Further, upon a Default, the non- defaulting Party may at its option (but without obligation to do so), perform the defaulting Party’s duty or obligation. The costs and expenses of any such performance by the non-defaulting Party shall be due and payable by the defaulting Party upon invoice therefor. If Licensee undertakes any such performance on Licensor's behalf and Licensor does not pay Licensee the full undisputed 1 Packet Pg. 174 Attachment: Exhibit A (7987 : Master Lease Agreement with Zayo-RESO) version – 02/05/2019 20 amount within thirty (30) days of its receipt of an invoice setting forth the amount due, Licensee may offset the full undisputed amount due against all fees due and owing to Licensor under this Agreement until the full undisputed amount is fully reimbursed to Licensee. 17. Surrender. Within sixty (60) days of abandonment per Section 3.4, the expiration of the Supplement Term of any Supplement Site License, or upon the earlier termination thereof, Licensee shall remove all Equipment attached or ground mounted, at its sole expense, shall repair any damage to the Municipal Facilities or the Public Highway, including landscaping, caused by such removal, and shall restore the Municipal Facilities and impacted adjacent areas to the condition in which they existed prior to the installation of the Equipment (whether attached or ground mounted), reasonable wear and tear and loss by casualty or other causes beyond Licensee’s reasonable control excepted. 18. Notices. Any notice, request, demand, statement, or consent herein required or permitted to be given by either party to the other hereunder, shall be in writing signed by or on behalf of the party giving the notice and addressed to the other at the address as set forth below: Licensee Zayo Group, LLC 1805 29 th St., Suite 2050 Boulder, CO 80301 Attention: General Counsel With a copy to: Zayo Group, LLC 1805 29 th St., Suite 2050 Boulder, CO 80301 Attention: SVP Rocky Mountain Region Licensor City Manager’s Office City of Fort Collins P.O. Box 580 Fort Collins, CO 80522-0580 With copy to: City Attorney’s Office City of Fort Collins P.O. Box 580 Fort Collins, CO 80522-0580 Each party may by notice in writing change its address for the purpose of this Agreement, which address shall thereafter be used in place of the former address. Each notice, demand, request, or communication which shall be mailed to any of the aforesaid shall be deemed sufficiently given, served, or sent for all purposes hereunder (i) two business days after it shall be mailed by United States registered or certified mail, postage prepaid and return receipt requested, in any post office or branch post office regularly maintained by the United States Postal Service, (ii) upon personal delivery, or (iii) one business day after deposit with any recognized commercial 1 Packet Pg. 175 Attachment: Exhibit A (7987 : Master Lease Agreement with Zayo-RESO) version – 02/05/2019 21 air courier or express service. Any communication made by e-mail or similar method shall not constitute notice pursuant to this Agreement. 19. Miscellaneous. 19.1. Entire Agreement. This Agreement constitutes the entire agreement and understanding between the Parties, and supersedes all negotiations, understandings or agreements. Any amendments to this Agreement must be in writing and executed by both Parties. 19.2. Severability. If any provision of this Agreement is invalid or unenforceable with respect to any Party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 19.3. Governing Law. This Agreement shall be governed by the laws of the State of Colorado without regard to choice of law rules. In addition, the Parties acknowledge that there are legal constraints imposed upon the Licensor by the constitutions, statutes, and rules and regulations of the State of Colorado and of the United States and imposed upon the Licensor by its Charter and Code, and that, subject to such constraints, the Parties intend to carry out the terms and conditions of this Agreement. Notwithstanding any other provisions of this Agreement to the contrary, in no event shall either of the Parties exercise any power or take any action which shall be prohibited by applicable law. Whenever possible, each provision of this Agreement shall be interpreted in such a manner so as to be effective and valid under applicable law. Should any dispute arising out of this Agreement lead to arbitration or litigation, the prevailing party shall be entitled to recover its costs of suit, including (without limitation) reasonable attorneys’ fees . 19.4. Exhibits. All Exhibits referred to and attached to this Agreement are incorporated herein by reference. 19.5. Authority to Execute. Any individual executing this Agreement on behalf of or as representative for a corporation or other person, partnership or entity, represents and warrants that he or she is duly authorized to execute and deliver this Agreement on behalf of such party, and this Agreement is binding upon such party in accordance with its terms. Licensor hereby designates, and authorizes, the City Manager to execute all Supplement Site Licenses or Public Highway Access Grants entered into under this Agreement. This designation and authorization may be changed by Licensor upon written notice to Licensee. 19.6. No Waiver. A Party shall not be excused from complying with any of the terms and conditions of this Agreement by any failure of a Party upon any one or more occasions to insist upon or to seek compliance with any such terms or conditions. 19.7. Force Majeure. With respect to any provisions of this Agreement, the violation or non-compliance of any term of this Agreement which could result in the imposition of a financial penalty, liquidated damages, forfeiture or other sanction upon a Party, such violation or non- compliance shall be excused where such violation or non-compliance is the result of acts of God, 1 Packet Pg. 176 Attachment: Exhibit A (7987 : Master Lease Agreement with Zayo-RESO) version – 02/05/2019 22 war, civil disturbance, strike or other labor unrest, or other events, the occurrence of which was not reasonably foreseeable by such Party and is beyond such Party’s reasonable control. 19.8 Limitation of Liability. Except for indemnification pursuant to Sections 11 and 12, neither Party shall be liable to the other, or any of their respective agents, representatives, employees for any lost revenue, lost profits, loss of technology, rights or services, incidental, punitive, indirect, special or consequential damages, loss of data, or interruption or loss of use of service, even if advised of the possibility of such damages, whether under theory of contract, tort (including negligence), strict liability or otherwise. 19.9 Obligations Subject to Appropriation. Licensor’s obligations under this Agreement in subsequent fiscal years are subject to the annual appropriation of funds sufficient and intended for such purpose by Licensor’s City Council in its discretion. [Signature page follows] 1 Packet Pg. 177 Attachment: Exhibit A (7987 : Master Lease Agreement with Zayo-RESO) version – 02/05/2019 23 IN WITNESS WHEREOF, the parties have executed this Agreement as of this ____ day of ___________, 2019 (the “Execution Date”). LICENSOR: City of Fort Collins, a Colorado municipal corporation By: _____________________________ Darin A. Atteberry, City Manager LICENSEE: Zayo Group, LLC By: _______________________________ Print Name: _______________________ Its: _______________________________ ATTEST: City Clerk APPROVED AS TO FORM: _____________________________________ Deputy/Assistant City Attorney 1 Packet Pg. 178 Attachment: Exhibit A (7987 : Master Lease Agreement with Zayo-RESO) version – 02/05/2019 24 EXHIBIT A-A Form of Supplement Site License This Supplement (“Supplement”), made this _____ day of ____________, 2019 (“Effective Date”) between the City of Fort Collins, a Colorado Municipal Corporation, with an address of City Manager’s Office, P.O. Box 580, Fort Collins, CO 80522-0580, hereinafter designated “Licensor” and [provider] (...), d/b/a [Provider], with its principal offices at c/o [Provider], [Address], hereinafter designated “Licensee”: 1. Supplement. This is a Supplement Site License as referenced in that certain Agreement for the Use of Licensor Property in Connection with the Operation of a Wireless Network, between Licensor and Licensee dated ______________, 2019 ("Agreement"). All the terms and conditions of the Agreement are incorporated hereby by reference and made a part hereof without the necessity of repeating or attaching the Agreement. In the event of a contradiction, modification or inconsistency between the terms of the Agreement and this Supplement, the terms of this Supplement shall govern. Capitalized terms used in this Supplement shall have the same meaning described for them in the Agreement unless otherwise indicated herein. 2. Project Description and Locations. Licensor has received all materials listed on Exhibit A- 2 applicable to the supplemental wireless network installation described in this Supplement. □ Licensee shall have the right to use the Municipal Facility for Equipment at the designated areas in the Public Highway as further described in Exhibit A-1 attached hereto (the “Licensed Area”); OR □ Licensee shall have the right to place its own Equipment and pole at the designated areas in the Public Highway as further described in Exhibit A-1 attached hereto (the “Licensed Area”). 3. Equipment. The Equipment to be installed at the Licensed Area is described in Exhibit A- 1 attached hereto. 4. Term/Termination. The term of this Supplement shall be as set forth in Section 3.2 of the Agreement. If Licensee has not installed the Equipment in the Licensed Area within one (1) year from the date of this Supplement, this Supplement will be deemed automatically terminated. 5. Fees. The initial annual License Fee for the term of this Supplement shall be _[$200, as adjusted from the amount sent forth by Section 4.1 of the Agreement to recognize Licensee’s election to independently obtain and store poles to replace Municipal Facilities at Licensee’s expense at a location other than Licensor’s Yard, located at ________________________________________ ____________________________________________________________________________.] As further condition of the adjusted annual License Fee, Licensee agrees to coordinate with Licensor and diligently act to use stored poles to replace any Municipal Facility damaged by 1 Packet Pg. 179 Attachment: Exhibit A (7987 : Master Lease Agreement with Zayo-RESO) version – 02/05/2019 25 accident, natural disaster or other cause, or when such structure is at the end of its useful life, within Licensor’s then-current operational service standard for pole replacements. 6. Commencement Date. The first day of the month following the date Licensee has commenced installation of its Equipment at the Licensed Area. 7. Approvals/Fiber. It is understood and agreed that Licensee's ability to use the Licensed Area is contingent upon its paying all permit and approval application fees and obtaining all the certificates, permits and other approvals (collectively the "Governmental Approvals") that may be required by any Federal, State or Local authorities, as well as a satisfactory fiber and electrical connection which will permit Licensee use of the Licensed Area as set forth above. In the event that (i) any of such applications for such Governmental Approvals should be finally rejected; (ii) any Governmental Approval issued to Licensee is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority; (iii) Licensee determines that such Governmental Approvals may not be obtained in a timely manner; (iv) Licensee determines that it will be unable to obtain in a satisfactory manner, or maintain any fiber or power connection; or (v) Licensee determines that the Licensed Area is no longer technically compatible for its use, Licensee shall have the right to terminate this Supplement. Notice of Licensee's exercise of its right to terminate shall be given to Licensor in writing by certified mail, return receipt requested, and shall be effective upon the mailing of such notice by Licensee, or upon such later date as designated by Licensee. All rentals paid to said termination date shall be retained by Licensor. Upon such termination, this Supplement shall be of no further force or effect except to the extent of the representations, warranties and indemnities made by each party to the other hereunder. Otherwise, Licensee shall have no further obligations as to the license payment due to Licensor under the Agreement between the parties. [Signature page follows] 1 Packet Pg. 180 Attachment: Exhibit A (7987 : Master Lease Agreement with Zayo-RESO) version – 02/05/2019 26 EXECUTED to be effective as of the date shown above. LICENSOR: City of Fort Collins, Colorado By: _____________________________ Darin A. Atteberry, City Manager ATTEST: _____________________________ City Clerk APPROVED AS TO FORM CITY ATTORNEY’S OFFICE BY: __________________________ Deputy/Assistant City Attorney LICENSEE: [Provider] (...) LLC, D/B/A [Provider] By: ______________________________ Print Name: ________________________ Its: ______________________________ Exhibits: Exhibit A-1, Attachment A-1.1 Exhibit A-2 1 Packet Pg. 181 Attachment: Exhibit A (7987 : Master Lease Agreement with Zayo-RESO) version – 02/05/2019 27 EXHIBIT A-B FORM OF PUBLIC HIGHWAY USE GRANT This Public Highway Use Grant, made this _____ day of ____________, 20____ (“Effective Date”) between the City of Fort Collins, hereinafter designated “Licensor,” and _______________________________, d/b/a [Provider], with its principal offices at c/o [Provider], [Address], hereinafter designated “Licensee”: 1. Public Highway Use Grant. This is a Public Highway Use Grant as referenced in that certain Agreement for the Use of Licensor Property in Connection with the Operation of a Wireless Network in connection with the operation of Licensee’s Network, between Licensor and Licensee dated ______________, 20__ (the “Agreement”). All the terms and conditions of the Agreement are incorporated herein by reference and made a part hereof without the necessity of repeating or attaching the Agreement. In the event of a contradiction, modification or inconsistency between the terms of the Agreement and this Public Highway Use Grant, the terms of this Public Highway Use Grant shall govern. Capitalized terms used in this Public Highway Use Grant shall have the same meaning described for them in the Agreement unless otherwise indicated herein. 2. Project Description and Locations. As described herein, Licensee shall have the right to occupy the Public Highway by attaching Equipment to an asset owned by a third party at the designated areas further described in Attachment 1, Table 1 attached hereto (the “Licensed Area”). 3. Equipment. The Equipment to be installed at the Licensed Area is described in Attachment 1, Table 2 attached hereto. 4. Term. The term of this Public Highway Use Grant shall be as set forth in Section 3.2 of the Agreement. 5. Fees. There is no fee for this Public Highway Use Grant. 6. Commencement Date. The commencement date of this Public Highway Use Grant is the Effective Date. 7. Approvals. It is understood and agreed the Licensee’s ability to use the Licensed Area is contingent upon its obtaining all of the certificates, permits and other approvals (collectively the “Governmental Approvals”) that may be required by any Federal, State or Local authorities. In the event that (i) any of such applications for such Governmental Approvals should be finally rejected; (ii) any Governmental Approval issued to Licensee is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority; (iii) Licensee determines that such Governmental Approvals may not be obtained in a timely manner; or (iv) Licensee determines one or more licensed Sites in the Licensed Area is no longer technically compatible for its use, Licensee shall have the right to terminate all or part of this Public Highway Use Grant. Notice of Licensee’s exercise of its right to terminate shall be given to Licensor in writing 1 Packet Pg. 182 Attachment: Exhibit A (7987 : Master Lease Agreement with Zayo-RESO) version – 02/05/2019 28 by certified mail, return receipt requested, and shall be effective upon the mailing of such notice by Licensee, or upon such later date as designated by Licensee. Upon such termination, all or part of this Public Highway Use Grant, as applicable shall be of no further force or effect except to the extent of the representations, warranties and indemnities made by each party to the other hereunder and in the Agreement. EXECUTED to be effective as of the date shown above. LICENSOR: City of Fort Collins, Colorado By: _____________________________ Darin A. Atteberry, City Manager ATTEST: _____________________________ City Clerk APPROVED AS TO FORM CITY ATTORNEY’S OFFICE BY: __________________________ Deputy/Assistant City Attorney LICENSEE: __________________________________, D/B/A [Provider] By: ______________________________ Print Name: ________________________ Its: ______________________________ Attachments: Attachment 1 1 Packet Pg. 183 Attachment: Exhibit A (7987 : Master Lease Agreement with Zayo-RESO) version – 02/05/2019 29 EXHIBIT A-1 LICENSED AREA AND DESCRIPTION OF FACILITIES Table 1 SITE ID NO. STREET NAME/INTERSECTION AND QUADRANT POLE IS LOCATED ON GIS COORDINATES POLE TYPE POLE HEIGHT 1 Packet Pg. 184 Attachment: Exhibit A (7987 : Master Lease Agreement with Zayo-RESO) version – 02/05/2019 30 Table 2 SITE ID NO. POLE ALTERATION ATTACHMENT HEIGHT TYPE OF EQUIPMENT ATTACHED 1 Packet Pg. 185 Attachment: Exhibit A (7987 : Master Lease Agreement with Zayo-RESO) version – 02/05/2019 31 Attachment A-1.1 to EXHIBIT A-1 SITE DRAWINGS 1 Packet Pg. 186 Attachment: Exhibit A (7987 : Master Lease Agreement with Zayo-RESO) version – 02/05/2019 32 EXHIBIT A-2 SUPPLEMENTAL SITE LICENSE REQUEST SUBMITTAL MATERIALS Licensee shall provide the following materials as applicable for consideration by Licensor in reviewing the Supplement Site License request: • Electronic shape file containing plot plan, engineering design, and specifications for installation of utilities, including the location of radios, antenna facilities, transmitters, equipment shelters, cables, conduit, point of demarcation, backhaul solution, electrical distribution panel, electric meter, electrical conduit and cabling, and all other associated equipment. Where applicable, the design documents shall include specifications on design, pole modification, and ADA compliance. o The plot plan shall show existing sidewalk size, existing utilities, existing trees, traffic control signs and equipment, and other existing improvements. o Licensee shall submit photographs and/or photographic simulations of the proposed Wireless Site and specific equipment proposed for attachment along with plot plan and drawings. • For Municipal Facilities, include documentation from the City verifying the pole is eligible for attachment. Also include a load bearing study that determines whether the pole requires reinforcement or replacement to accommodate attachment of the Equipment. If pole reinforcement or replacement is warranted, the design documents shall include the proposed pole modification. • For Replacement or new proprietary Pole installations, include documentation verifying the pole location is in the Public Highway and is eligible for installation. Include list of abutting property owners. If the proposed installation includes a new structure, provide design and specification drawings for the structure by use of a Google Earth (or equivalent means) aerial image of the City block on which the structure will be placed, showing the proximity of proposed structure to intersection of property lines, trees, fire stations/emergency service facilities, subject to availability of such information. • If the proposed installation will require reinforcement or replacement of an existing pole, provide applicable design and specifications drawings. • The number, size, type and proximity to the facilities of all communications conduit(s) and cables to be installed. • Description of the utility services required to support the facilities to be installed. • A typewritten legal description with (1) the Section, Township and Range, and County being affected, and if it is part of a subdivision, it shall be stated also; (2) the Point of Beginning to an established land corner or to a subdivision plat that is tied to an established land corner, with curves showing radius, delta, arc length and angle to radius point if curve is non-tangent, and area to be included in square feet; and (3) the legal description SIGNED 1 Packet Pg. 187 Attachment: Exhibit A (7987 : Master Lease Agreement with Zayo-RESO) version – 02/05/2019 33 and SEALED by a surveyor registered in the state of Colorado. For the Municipal Facilities, provide insurance information as required by Exhibit B of the Agreement. 1 Packet Pg. 188 Attachment: Exhibit A (7987 : Master Lease Agreement with Zayo-RESO) version – 02/05/2019 34 EXHIBIT B LICENSEE’S MINIMUM INSURANCE REQUIREMENTS 1. General. A. Prior to performing work under this Agreement, Licensee shall furnish Licensor a certificate of insurance on a standard insurance industry ACORD form. The insurance coverage required must be issued by an insurance company licensed, authorized or permitted to transact business in the State of Colorado, possessing a current A.M. Best, Inc. rating of A-VII or better, and coverage shall be reasonably satisfactory to Licensor. B. Licensee shall procure and maintain and shall require any of its contractors to procure and maintain, until all of their obligations have been discharged, the insurances set forth below. C. The insurance requirements set forth in no way limit the indemnity covenants contained in this Agreement. D. Licensor in no way warrants that the insurance limits contained in this Agreement are sufficient to protect Licensee from liabilities that might arise out of the performance of this Agreement by Licensee and its contractors, and Licensee is free to purchase any additional insurance as may be determined necessary. E. Failure to demand evidence of full compliance with the insurance requirements in this Agreement or failure to identify any insurance deficiency will not relieve Licensee from, nor will it be considered a waiver of, its obligation to maintain the required insurance at all times during the performance of this Agreement. 2. Scope and Limits of Insurance. Licensee shall provide coverage with limits of liability not less than those stated below. A. Commercial General Liability-Occurrence Form. Licensee must maintain Commercial General Liability insurance with a limit of $2,000,000 per occurrence for bodily injury and property damage and $4,000,000 general aggregate including premises-operations, products and completed operations, independent contractor, contractual liability, personal injury and advertising injury. B. Commercial Automobile Liability. Licensee must maintain Commercial Automobile Liability insurance in the amount of $1,000,000 combined single limit each accident for bodily injury and property damage covering all of Licensee owned, hired, and/or non-owned vehicles assigned to or used in the performance of Licensee’s work or activities under this Agreement. C. Workers Compensation and Employers Liability Insurance. Licensee must maintain Workers Compensation insurance in compliance with the statutory requirements of the 1 Packet Pg. 189 Attachment: Exhibit A (7987 : Master Lease Agreement with Zayo-RESO) version – 02/05/2019 35 state of operation and Employer’s Liability with a limit of $1,000,000 for each accident; $1,000,000 disease for each employee; $1,000,000 disease-policy limit. D. Builders’ Risk/Installation Floater Insurance. Builders’ Risk/Installation Floater Insurance must be maintained until whichever of the following first occurs: (i) final payment has been made; or, (ii) until no person or entity, other than Licensor, has an insurable interest in the property required to be covered. (a) The Builders’ Risk/Installation Floater insurance must be endorsed so that the insurance will not be canceled or lapse because of any partial use or occupancy by Licensor. (b) The Builders Risk/Installation Floater insurance must include as named insureds, Licensor, Licensee, and all tiers of contractors and others with an insurable interest in the Work (c) The Licensee is responsible for payment of all deductibles under the Builders’ Risk/Installation Floater insurance policy. 3. Additional Policy Provisions Required. A. Miscellaneous Provisions. (1) Licensee's insurance coverage must be primary insurance with respect to Licensor, its officers, officials, and employees. Any insurance or self-insurance maintained by Licensor, its officers, officials, and employees shall be in excess of the coverage provided by Licensee and must not contribute to it. (2) Licensee's insurance must apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (3) The policies must contain a severability of interest clause and waiver of subrogation against Licensor, its officers, officials, and employees, for losses arising from work performed by Licensee for Licensor. (4) Licensee is required to maintain Commercial General Liability insurance for so long as Licensee’s Equipment is located in or on Licensor’s Public Highway. Licensee must submit a Certificate of Insurance evidencing Commercial General Liability insurance at the beginning of this period and anytime during this period that such insurance is renewed or modified, evidencing the insurance requirement and including the required Additional Insureds set forth herein. (5) If a Certificate of Insurance is submitted as verification of coverage, Licensor will reasonably rely upon the Certificate of Insurance as evidence of coverage, but this acceptance and reliance will not waive or alter in any way the insurance requirements or obligations of this Agreement. (6) Upon receipt of notice from its insurer, Licensee shall use its best effort to provide the Licensor with thirty (30) days prior written notice of cancellation. Such notice shall be sent directly to City Manager’s Office, City of Fort Collins, P.O. Box 580, Fort Collins, CO 80522- 0580. 1 Packet Pg. 190 Attachment: Exhibit A (7987 : Master Lease Agreement with Zayo-RESO) version – 02/05/2019 36 B. Licensor as Additional Insured. The above-referenced policies shall, excluding workers compensation and employer’s liability, expressly name the Licensor, its officers, officials, and employees as an additional insured as their interest may appear under this Agreement with respect to liability arising out of activities performed by Licensee. 1 Packet Pg. 191 Attachment: Exhibit A (7987 : Master Lease Agreement with Zayo-RESO) version – 02/05/2019 37 EXHIBIT C TECHNICAL REQUIREMENTS 1. This Exhibit C sets forth additional technical requirements applicable to all Wireless Sites and attachments permitted under a Supplement Site License under the Agreement between Licensor and Licensee. Terms not defined herein shall have the definitions set forth in the Agreement to which this Exhibit C is attached. 2. Except as allowed by Law, Licensee shall not (i) unless otherwise agreed to by the Parties in a Supplement Site License and (ii) unless the Licensee obtains any additional, required permitting and land use approval in accordance with applicable Law, increase the height of a pole in the ROW in excess of 45 feet. Licensor shall weigh any request by Licensee for an increase in height over 45 feet in a Supplemental Site License in light of Licensor’s historic preservation policies, aesthetic considerations, pedestrian, disabled person and/or bicyclist access to sidewalks, public safety concerns, technical installation conflicts, and compliance with the City Code and Land Use Code. Exceptions to this maximum height will be considered where proposed structures collocate and/or combine multiple uses (antennas and street lighting, or 4/5G equipment, for example), where no other Municipal Facility exists within two hundred feet (200’) radially of a proposed location, or are within areas where adjacent utility or street light pole heights are consistently greater. 3. Nothing in this Agreement shall be interpreted to authorize the installation of macro wireless communications service facilities, macro base stations, or a similar high-powered cellular facility in the Public Highway, nor the installation of macro wireless towers or poles intended to serve macro facilities, except pursuant to federal, state and local laws. 4. Ground-mounted components of Wireless Sites shall be installed within the footprint of an area of no more than thirty-six (36) square feet. 1 Packet Pg. 192 Attachment: Exhibit A (7987 : Master Lease Agreement with Zayo-RESO) version – 02/05/2019 38 EXHIBIT D OPERATIONAL AND DESIGN STANDARDS A. Operational Standards. (a) Federal Requirements. All Small Cell antennas and other wireless communication transmission equipment utilizing small cell technology installed pursuant to this Agreement and all associated Supplement Site Licenses (“Equipment”) shall meet the current standards and regulations of the FAA, FCC and any other agency of the federal or state government with the authority to regulate telecommunication equipment. If such standards and regulations are changed, Licensee shall bring such Equipment into compliance with such revised standards and regulations within the period mandated by the controlling federal or state agency. Failure to meet such revised standards and regulations shall constitute grounds for the removal of the Equipment from any site under this Agreement at Licensee’s expense. (b) Radio Frequency Standards. Subject to Sec. 7.7 of the Agreement, all Equipment shall comply with federal standards for radio frequency emissions. If concerns regarding compliance with radio frequency emissions standards for Equipment are made to Licensor, Licensor may request Licensee provide information demonstrating compliance. If such information suggests, in the reasonable discretion of Licensor, the Equipment may not be in compliance, Licensor may request, and Licensee shall submit a project implementation report which provides cumulative field measurements of radio frequency emissions of all antennas installed at the subject site, and which compares the results with established federal standards. If, upon review, Licensor finds the facility does not meet federal standards, Licensor may require corrective action within a reasonable period, and if not corrected, may require removal of the Equipment as an unauthorized use under this Agreement. Any reasonable costs incurred by Licensor, including reasonable consulting costs to verify compliance with these requirements, shall be paid by Licensee upon demand by Licensor or, if such costs remain unpaid after demand, Licensor may recover such costs by the same manner and method authorized to recover nuisance abatement costs under the Fort Collins Municipal Code. B. Design Standards. (a) In addition to all standards of Licensee’s Permit(s) under the Code, the requirements set forth in this Exhibit shall apply to the location and design of all Equipment governed by this Agreement; provided, however, Licensor may waive any Permit requirement and/or any of these requirements if Licensor determines the goals of this Exhibit are better served thereby without any notice requirements or public hearing. To that end, Equipment shall be designed and located to minimize the impact on the subject neighborhood and to maintain the character and appearance of the specific location. (1) General Principals. a. All Equipment covered by this Agreement shall be architecturally compatible with the surrounding area as feasible; b. All electrical, communication, and other wiring to Equipment components, including radios, antennae and backhaul connections, shall be fully concealed, internal to the structure where possible and shrouded in all other instances; 1 Packet Pg. 193 Attachment: Exhibit A (7987 : Master Lease Agreement with Zayo-RESO) version – 02/05/2019 39 c. Height or size of the proposed Equipment and any Replacement Pole should be minimized and conform to the standard form factor of Licensor Municipal Facility to the maximum extent practicable; d. Equipment shall be sited in a manner that takes into consideration its proximity to residential structures and residential district boundaries, uses on adjacent and nearby properties, and the compatibility of the facility to these uses, including but not limited to proximity of Wireless Site to first and second story windows; e. Equipment shall be designed to be compatible with the site, with reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness. Appurtenances shall match the standard form factor of Licensor Municipal Facility to the maximum extent practicable; and f. Equipment shall be designed to have minimal impact on the surrounding area of the proposed ingress and egress, if any. (2) Camouflage/Concealment. Equipment shall, to the maximum extent feasible, match the appearance and design of exiting Licensor Municipal Facilities adjacent to the Wireless Site, as much as possible, and when not technically practicable that Equipment to use camouflage design techniques including, but not limited to the use of materials, colors, textures, screening, landscaping, or other design options that will blend the Equipment to the surrounding natural setting and built environment. Design, materials and colors of Equipment not identical to exiting Licensor Municipal Facilities shall otherwise be compatible with the surrounding environment. Designs shall be compatible with structures and vegetation on the same parcel and adjacent parcels. a. Camouflage design may be of heightened importance where findings of sensitivity are made (e.g., proximity to historic or aesthetically significant structures, views, and/or community features). In such instances where Equipment is located in areas of high visibility, they shall (where possible) be designed to minimize their profile. b. Equipment, including antennas, vaults, equipment rooms, equipment enclosures, and tower structures shall be constructed out of non-reflective materials (visible exterior surfaces only). (3) Any antenna installed on a structure other than a Municipal Facility (including, but not limited to the antennas and accessory equipment) shall be of a neutral, non-reflective color that is identical to, or closely compatible with, the color of the supporting structure, or uses other camouflage/concealment design techniques to make the antenna and related facilities as visually unobtrusive as possible. (4) Traffic and Public Highway uses. No Equipment or structure installed pursuant to this Agreement may alter vehicular circulation or parking within the Public Highway or impede vehicular, bicycle, or pedestrian access or visibility along the Public Highway as required by law. All structures must comply with the Americans With Disabilities Act and every applicable local, state, and federal law and regulation. No structure may be located or maintained in a manner that causes unreasonable interference. “Unreasonable interference” means any use of the Public Highway that disrupts or interferes with its use by Licensor, the general public, or other person authorized to use or be present upon the Public Highway, when there exists an alternative that would result in less disruption or 1 Packet Pg. 194 Attachment: Exhibit A (7987 : Master Lease Agreement with Zayo-RESO) version – 02/05/2019 40 interference, irrespective of the cost to Licensee associated with such alternative installation or attachment method. “Unreasonable interference” includes any use of the Public Highway that disrupts vehicular or pedestrian traffic (including traffic view triangles), any interference with public utilities, and any other activity that will present a hazard to public health, safety, or welfare (including creation of overhead hazards falling into vehicular or pedestrian traffic on driving or walking surfaces). (5) Setbacks and Separation. The following minimum setbacks and separation requirements shall apply to all Equipment installed pursuant to this Agreement; provided, however, Licensor may reduce standard setbacks and separation requirements if Licensee demonstrates the goals of this Exhibit can be better met by reduced setback and separation requirements that protect the public health and safety, view corridors, or minimize adverse impact or effectively prohibit the deployment of wireless services and shall be able to do so without a public hearing, though may require Licensee to provide public notice as set forth in section 7.8 of the Master License. All Equipment installation sites shall be at least two hundred (200) feet from any support structure greater than sixty (60) feet in height to which an existing radio antenna, or aerial telecommunication equipment is attached, measured from the top of the proposed Equipment support structure to the height of the existing equipment. 1 Packet Pg. 195 Attachment: Exhibit A (7987 : Master Lease Agreement with Zayo-RESO) version – 02/05/2019 41 EXHIBIT E ATTACHMENTS TO TRAFFIC SIGNAL FACILITIES Licensee shall not be permitted to attach to any traffic signal facility, including any signal pole or above-ground element thereof, when another permitted attachment structure under this Agreement exists within two hundred feet (200’) radially of an identified traffic signal facility. In no event shall Licensee be permitted to attach Equipment to any signal pole mast arm. To the extent attachment to a traffic signal facility is permitted, Licensee shall satisfy requirements below. Traffic Signal Pole Requirements Signal poles already supporting Police equipment are not eligible for Licensee equipment placement. Equipment placed on signal poles may be required to be relocated at any time if the subject signal pole is needed for placement of law enforcement equipment. Signal poles are engineered structures designed to specific loading criteria and required AASHTO standards. Modifications to the loading due to the Equipment will require an engineering analysis stamped by a Colorado licensed professional engineer, provided at Licensee’s expense. All cabling must be external to the signal pole and shielded per Fort Collins Traffic Engineering standards to eliminate interference with existing signal cables and conductors. All signal pole installations shall be designed and installed to contain separate power fuses to prevent the pole from becoming electrified due to an Equipment fault. Cables, conduits and bands must not interfere with access to or operation of any of the traffic signal equipment. Specific clearances may be required by Fort Collins Traffic Engineering standards and case by case review. Analysis must be provided to Licensor to show the proposed equipment will not interfere with Licensor’s or any government public safety wireless network operating in the 900 MHz and 2.4 GHz and 5.8 GHz frequencies. Licensee must be accompanied by Fort Collins Traffic Engineering staff at all times during installations on signal poles and involved Licensee personnel must hold at least a Level I IMSA Traffic Signal certification (level II preferred) to demonstrate comprehension of the implications of any negative impacts to local traffic signal infrastructure. Equipment installation or servicing on signal poles shall be coordinated with the Fort Collins Traffic Operations and Engineering groups at least three (3) business days in advance, or such shorter period as Traffic Operations and Engineering may require of City crews working on such structures. 1 Packet Pg. 196 Attachment: Exhibit A (7987 : Master Lease Agreement with Zayo-RESO) Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY May 21, 2019 City Council STAFF Jerry Schiager, Lieutenant Bronwyn Scurlock, Legal SUBJECT Resolution 2019-063 Authorizing the City Manager to Enter into an Agreement with the Poudre School District R-1 for the School Resource Officer Program. EXECUTIVE SUMMARY The purpose of this item is to authorize the City Manager to enter into an Intergovernmental Agreement (IGA) between the Poudre School District R-1 (District) and the City of Fort Collins, on behalf of Fort Collins Police Services (FCPS) which updates, replaces and supersedes the previous IGA and continues the School Resource Officer (SRO) Program. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Police Services has been involved in a financial partnership with Poudre School District to provide dedicated police officers in the schools since 1995. Police officers assigned to the schools provide traditional law enforcement services as well as teaching and mentoring of students. Assessing safety and security issues in the schools and instructing administrators and staff to respond to potential violent situations has been an increasing responsibility of the SROs. Currently four officers are assigned to the traditional high schools and seven officers are assigned to the traditional middle schools. The middle school officers provide coverage to the remainder of the schools. The unit is supervised by a police sergeant. This year, with the support of City Council and the School Board, two police corporals will be added to help with supervision and school coverage. In 2014 City Council adopted a resolution allowing the City Manager to sign the annual Intergovernmental Agreement with the District for a period of four years. That authorization has expired. This Resolution authorizes the City Manager to sign the IGA for the next four years. This IGA is scheduled to go before the School Board on May 28, 2019. CITY FINANCIAL IMPACTS The IGA provides that the District pays for 50% of the costs of the personnel assigned to the SRO unit for the 44 weeks of the school year (220 days). Under this agreement the District does not pay for officers for eight weeks per year during school breaks. The cost reflects the total cost of a police officer, including items such as training, equipment and a police vehicle. The District makes quarterly payments to the City based on the cost per day of the assigned personnel. Under this agreement the District will pay approximately $58,374 of the $137,975 annual cost of each police officer. The overall estimated cost to the District in this 2019-2020 IGA is Agenda Item 12 Item # 12 Page 2 $865,740 for 11 police officers, 2 corporals and one sergeant. The remaining cost has already been appropriated in the Police Services general fund budget. PUBLIC OUTREACH There was no specific outreach done regarding the 2019-2020 Intergovernmental Agreement. -1- RESOLUTION 2019-063 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE POUDRE SCHOOL DISTRICT R-1 FOR THE SCHOOL RESOURCE OFFICER PROGRAM WHEREAS, effective July 6, 2014, the Poudre School District R-1 (the “District”) and the City entered into an Intergovernmental Agreement (the “2014 IGA”) for The School Resource Officer Program (the “Program”); and WHEREAS, the 2014 IGA allowed the City Manager to enter into four, one-year extensions to the term of the Agreement to make modifications, including updated dollar amounts to reflect changes in related salaries, staff time and the number of positions funded; and WHEREAS, the goals of the program continue to be: 1. Provide a safe learning environment and help reduce school violence; 2. Improve school law enforcement collaboration; and 3. Improve perceptions and relations between students, staff and law enforcement officials; and WHEREAS, the District and the City both recognize that over the years the program has provided outstanding benefits for the citizens of the City, the District and particularly for the students of the District’s schools located within the City; and WHEREAS, the parties agree that it is in the best interests of the District, the City and the citizens of the City for the District and the City to continue with the program; and WHEREAS, it is the intent of the District and the City that the Agreement replace and supersede in all respects the 2014 IGA; and WHEREAS, the term of the Agreement is one year beginning on July 1, 2019; and WHEREAS, the District and the City may wish to amend the Agreement in the future to address, among other things, changes in current practices, funding and/or the addition of new positions, or to extend the term of the Agreement with or without amendments for up to four additional one-year terms; and WHEREAS, Article II, Section 16 of the Charter of the City of Fort Collins empowers the City Council, by ordinance and resolution, to enter into contracts with 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, Section 29-1-203 of the Colorado Revised Statutes and Article XIV, Section 18 of the Colorado Constitution provides that governments may cooperate or contract with one Packet Pg. 199 -2- another to provide certain services or facilities when such cooperation or contracts are authorized by each party thereto with the approval of its legislative body or other authority having the power to so approve; and WHEREAS, under Section 1-22 of the Code of the City of Fort Collins, intergovernmental agreements and other cooperative arrangements between the City and other governmental entities are to be submitted to the City Council for review, unless they fit within one of the exceptions that permit execution by the City Manager; and WHEREAS, the City Council has determined that the IGA is in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the City Manager is hereby authorized to execute the Agreement 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 Resolution. Section 3. That the City Manager is hereby authorized to enter into up to four, one- year extensions to the term of the Agreement, which extensions may include 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 purpose of this Resolution, including updated dollar amounts to reflect changes in related salaries, staff time and the number of positions funded. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 21st day of May, A.D. 2019. _________________________________ Mayor ATTEST: _____________________________ Chief Deputy City Clerk Packet Pg. 200 AGREEMENT BETWEEN THE POUDRE SCHOOL DISTRICT R-1 AND THE CITY OF FORT COLLINS FOR THE SCHOOL RESOURCE OFFICER PROGRAM THIS AGREEMENT is made and entered into by and between POUDRE SCHOOL DISTRICT R-1 (hereinafter referred to as the "District") AND THE CITY OF FORT COLLINS, on behalf of FORT COLLINS POLICE SERVICES, (hereinafter referred to as the "City"). WITNESSETH: A. Effective July 1, 2019, the District and the City enter into this Intergovernmental Agreement to implement the School Resource Officer Program (hereinafter referred to as ''the Agreement"). B. The goals of the School Resource Officer Program (hereinafter referred to as "the Program") are to: 1. Provide a safe learning environment and help reduce school violence; 2. Improve school law enforcement collaboration; and 3. Improve perceptions and relations between students, staff and law enforcement officials. C. The District and the City both recognize the outstanding benefits that the Program has for the citizens of the City and the District and particularly for the students of the District's schools located within the City. D. It is the Parties' intent that the Parties share proportionally the costs for any School Resource Officers or Supervisors assigned to the Program. Each Party's proportionate share shall be as designated in Article IV. E. It is the intent of the District and the City that this Agreement replace and supersede in all respects all prior agreements between the Parties as it relates to the agreements contained therein between the District and the City. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the District and the City hereby agree as follows: EXHIBIT A 1 Packet Pg. 201 Attachment: Exhibit A (7980 : School Resource Officer Agreement RESO) ARTICLE I Term This Agreement shall commence on July 1, 2019 and shall continue in effect through and including June 30, 2020, unless earlier terminated as provided in Article X of this Agreement. ARTICLE II The Program A. Assignment of School Resource Officers (hereinafter SROs) 1. The City shall assign one (1) SRO to each of the following schools, for a total of four (4) SROs: Poudre High School Fort Collins High School Fossil Ridge High School Rocky Mountain High School 2. In addition, the City shall assign one (I) SRO to each of the following middle schools, for a total of (7) SROs: Blevins Middle School Boltz Middle School Kinard Middle School Lesher Middle School Lincoln Middle School Preston Middle School Webber Middle School 3. Each SRO will also be assigned to feeder schools as determined by the SRO Supervisor. The following is a total listing of feeder schools within the Fort Collins city limits: Barton Center (Poudre Global Academy/Options Homeschool) Bacon Elementary School Bauder Elementary School Beattie Elementary School Bennett Elementary School Centennial High School Dunn Elementary School Fullana Learning Center Harris Bilingual Elementary School Irish Elementary School Johnson Elementary School Kruse Elementary School Laurel Elementary School Linton Elementary School Lopez Elementary School McGraw Elementary School 1 Packet Pg. 202 Attachment: Exhibit A (7980 : School Resource Officer Agreement RESO) O’Dea Elementary School Olander Elementary School Polaris Expeditionary Learning School Poudre Community Academy Putnam Elementary School Riffenburgh Elementary School Shepardson Elementary School Tavelli Elementary School Traut Core Knowledge Elementary School Werner Elementary School Zach Elementary School a) Any additional schools which are annexed into the City or which come into existence during the term of this Agreement shall be considered feeder schools and will be assigned to an existing SRO as determined by the SRO Supervisor. b) If additional high schools or middle schools are annexed into the City or come into existence or any schools are closed during the term of this Agreement, the existing SROs assigned to high schools and middle schools under this Agreement may be reassigned by the SRO Supervisor in consultation with the District. It is the intent of this Agreement that the City and the District continue to work in good faith to reach agreement regarding the assignment and funding of any SROs such that a separate SRO is assigned to each and every comprehensive high school and middle school, except Centennial High School, Polaris Expeditionary Learning School, Poudre Community Academy or any other non-traditional middle or high school. Any new programs or non-traditional schools will be staffed by mutual agreement via an amendment to this Agreement. If such efforts fail, regardless of the reason therefor, the City, in consultation with the District, may reassign existing SROs to any new middle or high schools in addition to the existing SRO's assignment under this Agreement. c) There will be no SROs assigned to Charter Schools under the terms of this Agreement. 4. Each SRO shall have an office in his/her primary assigned school. Each SRO assigned to multiple schools shall have an office in at least one of the schools. The location and specifications of all offices shall be designated and approved by the District's Executive Director of Operations and building principal. 5. The City shall assign the duties of supervision of the SROs to the SRO Supervisor, who shall oversee the SROs and shall perform scheduled and non-scheduled visits to the schools. When practicable, during scheduled visits, the Supervisor shall meet with the assigned SRO and school administrators and any staff designated by the principal. The City shall also assign two (2) corporals as SROs to assist the SRO Supervisor with routine supervision duties. Corporals shall also be responsible for temporarily assuming the duties the other SROs who are out due to illness or other short-term absence. Corporals shall perform scheduled and non-scheduled visits to the schools and assist in teaching and other trainings. 1 Packet Pg. 203 Attachment: Exhibit A (7980 : School Resource Officer Agreement RESO) 6. When practicable, the SRO Supervisor, the SROs and the District's Security Manager or his/her designee shall meet weekly at a time and location to be determined by the Parties to discuss problems, issues and concerns as they arise. B. Regular Duty Hours of the SROs 1. The SROs shall be assigned to their primary schools on a full-time basis of eight (8) hours on those days and during those hours that the schools are in regular session. The primary purpose of the Program is to provide services during normal school hours. However, because it is sometimes desirable to have SROs attend school activities conducted outside of normal school hours, the principal(s) of the assigned school(s) and the SRO Police Supervisory Staff may agree to adjust the working hours of the SRO provided that overtime hours are not worked. a) A SRO may be temporarily assigned other duties by the City during school holidays and vacations or during the period of a law enforcement emergency or law enforcement related training as determined by the City. The Parties agree that no compensation or refund of any funds provided in Article IV will be owed to the District during such temporary absence or assignment except as provided for in Article VII. D. b) A SRO shall attempt to schedule vacations and floating holidays during periods when school is not in session. Any exception may be granted if approved by the SRO Supervisor after consultation with the principal of any affected school(s). Notwithstanding any provision contained herein to the contrary, the Parties agree that no compensation or refund of any funds provided in Article IV will be owed to the District during such approved vacations and floating holidays. C. Summer Duty of the SROs 1. The Parties shall meet during the term of this Agreement to determine the number of SROs the City shall provide during the summer period when schools are not in session to provide the services required by this Agreement for summer school. Notwithstanding any provision contained herein to the contrary, if a lesser number of SROs or Supervisors than that provided for in Article II. A. are assigned during the summer months, the City shall not be required to refund any funds paid by the District. D. Duties of the SRO 1. The SRO shall work during the hours school is in session and coordinate his/her schedule with the school principal or his/her designee of the SRO's assigned school. When schools are closed due to in-service training, the SRO, if invited by the school administrators, may attend the in-service training or use those hours for SRO administrative duties. 2. The SRO shall wear City-approved uniforms and drive a marked patrol unit. In the event the SRO is authorized to wear civilian clothes for a specific event, the SRO shall comply with a dress code that is determined and approved by the principal of the SRO's assigned school and SRO sergeant. 1 Packet Pg. 204 Attachment: Exhibit A (7980 : School Resource Officer Agreement RESO) 3. Subject to the SRO's discretion and law enforcement authority, the SRO shall take appropriate law enforcement action as requested by school administrators. The SRO may also take such other appropriate law enforcement action as may be required by law or Fort Collins Police Services policy and must then notify the school administrator as soon as practicable of any violations or actions which impact school discipline, order or safety, or such other violations and actions as the District reasonably requests be reported. This may include interviewing suspects and victims of criminal violations, issuing summonses, and addressing traffic concerns. Should it become necessary to conduct formal law enforcement interviews with the students, the SRO shall adhere to District policy, regulations and guidelines, Fort Collins Police Services policy, and legal requirements with regard to such interviews. 4. The SRO shall assist other SROs or law enforcement agencies in conducting investigations when requested or when required. 5. The SRO shall develop teaching expertise and assist faculty in conducting specialized classes on such topics as the role of policing in the community, search and seizure, traffic laws, crime prevention, victims' rights, community involvement, and youth programs. In addition, the SRO shall encourage and participate in discussion during classes to establish rapport with students. Any additional areas of instruction or SRO participation in school activities must be mutually agreed upon by Fort Collins Police Services, the SRO Supervisor, and the principal or his/her designee of the affected school. 6. The SRO shall seek permission, advice, and guidance from school administrators prior to implementing any program within the school. 7. The SRO shall assist school administrators, staff, and faculty in developing emergency procedures and emergency management plans to include prevention and/or minimization of dangerous situations which may result from student unrest. 8. The SRO shall be familiar with and abide by all relevant District policies, regulations and guidelines related to safety, student conduct and discipline issues, including the District's Code of Conduct except to the extent such policies, regulations, Code and guidelines conflict with his/her responsibilities as a law enforcement officer. 9. The SRO shall assist administrators, faculty and staff with the investigation of any suspected violations of law occurring on District premises. It shall be understood and agreed that a SRO, as a law enforcement officer, can only detain or take into physical custody those students for whom there is reasonable suspicion or probable cause that they have committed a criminal offense. The SRO shall not be used for regularly assigned lunchroom duties, hall monitoring or other monitoring duties. If there is a specific problem, the SRO may assist the school until the situation is remedied. 10. The SRO shall seek to establish working relationships with student organizations, faculty, staff members, District administrators, and community members. In addition, the SRO may attend parent, faculty, student, administration or other meetings to provide information regarding the Program and provide opportunities for involvement and support. 11. The SRO shall coordinate enforcement efforts with campus supervisory personnel, i.e., campus supervisors, campus security officers, hall monitors, parking attendants and private 1 Packet Pg. 205 Attachment: Exhibit A (7980 : School Resource Officer Agreement RESO) security firm personnel. 12. The SRO shall maintain detailed, accurate, and up-to-date records as required by Fort Collins Police Services, school administrators and central administrators, and submit reports as requested. 13. The SRO shall work proactively with all law enforcement agencies that serve the District community. 14. The SRO shall work proactively with students, parents, and faculty regarding public safety and use problem-solving teams and programs to address outstanding problems. 15. The SRO shall provide information and referrals regarding community programs to school administrators, staff, students and parents so that appropriate assistance can be assessed. These programs may include mental health clinics, peer support, drug treatment centers, etc. The SRO may make referrals to community agencies and programs when necessary. The SRO shall refer students to the school or district counselor as needed. Referral guidelines shall be determined by the school administrator. 16. The SRO may attend, whenever possible, selected school functions as recommended by school administrators. 17. The SRO shall maintain the confidentiality of any information obtained pursuant to Title 19 of the Colorado Children's Code, and shall not disclose the information except as provided by law or court order. 18. The SRO shall maintain the confidentiality of District records and information in accordance with Parts 2 and 3, Article 72 of Title 24, Colorado Revised Statutes, the Family Educational Rights and Privacy Act and District policies. 19. The SRO shall coordinate with and inform the District's Security Manager, or his or her designee, of investigations and cases which have a significant impact on a school or the District, or other such matters as are designated by them or as required by law. 20. The SRO shall perform other duties which will promote the goals of the Program and which are mutually agreed upon by the District and the City. E. Training 1. Basic SRO training shall be provided to all new SROs prior to commencement of employment as a SRO, or as soon as reasonably possible. Basic SRO training may be obtained through the Colorado Association of SROs, the National Association of SROs or any other organization which provides similar training. These expenses will be the responsibility of FCPS. 2. To the extent possible, monthly in-service training required by the City shall be on District non-student contact days. 1 Packet Pg. 206 Attachment: Exhibit A (7980 : School Resource Officer Agreement RESO) ARTICLE III Facilities and Equipment A. The District shall provide to each full-time SRO the following equipment and facilities, which are deemed necessary to the performance of the SRO's duties under this Agreement: 1. The District shall provide each SRO with an office and shall provide access to any records which are deemed necessary by the District. Confidentiality of the records shall be maintained by the SRO pursuant to state law, District and FCPS policy. 2. The District shall provide for the use of each SRO a desk and necessary office furniture, a computer and access to a printer. These items shall be paid for and maintained by the District. B. All City or District equipment and facilities, including vehicles, utilized by the SROs or Supervisors in connection with the Program shall be maintained by and at the expense of the respective owners of such equipment. C. In the event this Agreement is terminated, any City or District facilities or equipment utilized in connection with the Program shall be returned to or retained by the respective owners. ARTICLE IV Financing of the Program A. The District shall provide funding for the Program as follows: 1. The District shall fund fifty percent (50%) of the employment costs for each SRO and Supervisor assigned to the Program based on a two hundred twenty (220) working day school year. A ''working day" includes all days school is in session, school vacations, school holidays, and some employee training and leave days. 2. The District shall pay to the City on a quarterly basis an amount equal to fifty percent (50%) of the previous quarter's employment costs for each SRO and Supervisor assigned to the Program. Estimated costs shall be updated annually in Appendix A. B. In the event circumstances and requirements of either Party changes, the District and the City shall work in good faith pursuant to Article XI to come to an agreement regarding future assignments, funding and the number of SROs and SRO supervisors assigned to the Program. Pursuant to Article VIII, any adjustments shall be taken into consideration in determining the Parties' fiscal obligations. The District's proportionate share of funding shall remain as indicated in A. l. above. ARTICLE V Employment Status of SRO A. It is expressly understood that the SROs and SRO Supervisor are employees of the City. The District and the City acknowledge that the SRO is a law enforcement officer under the direct supervision and control of Fort Collins Police Services. The SRO shall remain responsive to the 1 Packet Pg. 207 Attachment: Exhibit A (7980 : School Resource Officer Agreement RESO) chain of command of Fort Collins Police Services. B. The City, at its sole discretion, will be responsible for taking any necessary or appropriate disciplinary action against any SRO or Supervisor. In exercising these responsibilities, the City shall consult with the District. The District will provide input and feedback to the SRO and the SRO's Supervisor and shall participate in reviews, evaluations and planning for particular SRO positions. The District shall regularly advise the City of said employees' work performance and shall immediately report to the City any instances of alleged misconduct or discrimination. The Parties shall fully cooperate with each other in the investigation of any allegations of misconduct or discrimination. The District shall make its employees available as witnesses in any City- conducted disciplinary or termination proceeding or workplace investigation. ARTICLE VI Appointment of the SROs A. The SRO Personnel Board shall recruit, interview, and evaluate SRO applicants and shall forward to the Chief of Police or his designee a list of applicants who meet the requirements below and who have received a favorable recommendation by the Board based on all the requirements and criteria listed below. Such recommendations shall be made only upon a majority vote of the Personnel Board. The Personnel Board shall consist of at least two representatives from PSD, at least two members from FCPS, and at least one member of the PSD student body. B. Applicant Requirements: SRO applicants must meet all of the following requirements: 1. The applicant must voluntarily seek the SRO position and must indicate a willingness to hold the position for three (3) years. 2. The applicant must be a full-time peace officer, as defined by C.R.S. §16-2.5101, with a minimum of three (3) years of law enforcement experience. 3. The applicant must be employed as a police officer with Fort Collins Police Services. 4. The applicant must indicate a willingness that if appointed to the SRO position, he/she will not accept a transfer or promotion from the position until the end of a semester and that he/she will not schedule time off for vacations and floating holidays during periods when school is in session except as provided for in Article 11.B.l.(b). C. Additional criteria that shall be considered by the SRO Personnel Board are job knowledge, experience, training, education, attitude, communication skills, prior service as a SRO, prior training, education or experience with youth. D. The names of any applicants receiving a favorable recommendation from the SRO Personnel Board, shall be forwarded to the Chief of Police or designee, who shall appoint officers as SROs, at his or her sole discretion from the list of recommended applicants. ARTICLE VII Dismissal, Reassignment, Retirement or Resignation of SROs; Replacement 1 Packet Pg. 208 Attachment: Exhibit A (7980 : School Resource Officer Agreement RESO) A. In the event a PSD administrator believes that the SRO is not effectively performing his/her duties and responsibilities, the administrator shall recommend to the District's Superintendent or designee that the SRO be removed from the Program, and shall state the reasons therefor in writing. Within ten (10) working days after receiving the recommendation from the administrator, the Superintendent or designee shall advise the Chief of Police or designee. If the Chief of Police or designee so desires, the Superintendent or designee(s) shall meet with the SRO and the Chief of Police or designee to mediate or resolve any problems which may exist. At such meeting, specified school staff members may be required to be present. If, within a reasonable amount of time after commencement of such mediation, the problem cannot be resolved or mediated, or in the event mediation is not sought by the Chief of Police or designee, then the SRO shall be dismissed from the Program. B. The Chief of Police or designee may dismiss or reassign a SRO or Supervisor from the Program at any time based upon City or department rules, regulations, policies or directives, or when it is in the best interests of Fort Collins Police Services as determined by the Chief of Police. Any vacancy in the Program created by such dismissal or reassignment shall be filled in the manner described in Subsection D below. C. A SRO or Supervisor may be transferred or promoted from his/her SRO position during the school year at the discretion of the Chief of Police or designee(s) with adjustment to the Parties' financial obligations set forth in Article IV. SROs requesting a transfer to another position must do so at the end of the school year or semester, unless alternative timing of a particular request is agreed upon by the City and the District. The SRO must make such request in writing. Transfer request decisions shall be made at the discretion of the Chief of Police or designee(s). Any vacancy in the Program created by such transfer or promotion shall be filled in the manner described in Subsection D below. D. In the event of resignation, dismissal, promotion, retirement, rotation or transfer of a SRO or Supervisor, or in the case of long-term absences due to injury, illness, disability or other cause of more than 30 calendar days, the City shall provide a replacement for the SRO or Supervisor within thirty (30) calendar days of receiving notice of such absence, dismissal, resignation, promotion, retirement, rotation or transfer. If such replacement cannot be provided within thirty (30) calendar days due to personnel and staffing constraints of Police Services, the Chief of Police or designee may, with adjustment to the Parties' financial obligations set forth in Article IV, temporarily reallocate the school assignments of any existing SRO or Supervisor to ensure that, at minimum, all traditional high schools are assigned an SRO and the Program is assigned a Supervisor. Such reallocation of assignments shall be done in consultation with the District. As soon thereafter as practicable, the SRO Personnel Board shall recommend a permanent replacement for the SRO position. In the event a vacancy or temporary assignment continues for longer than 30 calendar days, the Parties agree to negotiate, pursuant to Article VIII, an adjustment of the District's financial contribution for the previous quarter. It is the intent of both Parties that as soon as practicable, the Program is returned to full staffing as indicated in Article II. Adjustments to the Parties' financial obligations set forth in Article IV will be made for all days the vacancy occurs. ARTICLE VIII Evaluation One representative from FCPS, one representative from the PSD Security Department, and site 1 Packet Pg. 209 Attachment: Exhibit A (7980 : School Resource Officer Agreement RESO) administrators from schools where a SRO is primarily assigned shall evaluate the effectiveness of the Program annually and consider whether modifications to the Program are necessary or advisable to accomplish its purposes. This evaluation is critical to continue a successful program and the Parties agree to invest sufficient time and effort in the evaluation process. The Parties shall also evaluate the financial obligations for each Party and make adjustments to the Program as may be necessary to continue the Program. ARTICLE IX Appropriations All obligations of the Parties under this contract are solely from currently budgeted funds and this contract does not constitute a multiple fiscal year obligation of the Parties. The obligations of each party under this Agreement payable after its respective current fiscal year are contingent upon adequate funds for that purpose being budgeted, appropriated and otherwise made available. All financial obligations of the Parties, including but not limited to the funding obligations of Article IV, are subject to budgeting and the annual appropriation of such funds by the governing body of each party each fiscal year. The Parties shall follow respective internal policies and procedures relative to the renewal of this Agreement. ARTICLE X Termination of Agreement A. Subject to Article XI, any party to this Agreement may terminate this Agreement upon material breach by the other party of any term or condition of this Agreement if such breach continues for a substantial and unreasonable period of time, but in any event if the breach is continued for a period of thirty (30) days after receipt by the breaching party from the non-breaching party of written notice of the existence of such breach. Once either Party has received written notice of said breach, the Parties shall abide by Article XI. Termination of this Agreement shall not, however, be the sole remedy of any party and any exercise of this right to terminate shall not preclude the pursuit of any other remedy available in law or in equity to the non-breaching parties. B. If either party fails at any time to appropriate the funds necessary to comply with the requirements under Article IV of this Agreement or if the District fails to timely pay the funds required under Article IV to the City, the City may terminate this Agreement upon giving the District thirty (30) days written notice. Upon such termination, the District shall pay for all SRO services provided by the City under Article IV B prior to the date of termination. The Parties shall thereafter have no further obligations under this Agreement. C. Force Majeure Notwithstanding anything contained herein to the contrary, it is agreed that in the event and to the extent that fire, flood, earthquake, natural catastrophe, explosion, accident, war, illegality, act of God, or any other cause beyond the control of either party hereto, or strikes and labor troubles (whether or not within the power of the party affected to settle the same) prevents or delays performance by either party to this Agreement and any addendum, such party shall be relieved of the consequences thereof without liability, so long as and to the extent that performance is prevented by such cause. 1 Packet Pg. 210 Attachment: Exhibit A (7980 : School Resource Officer Agreement RESO) ARTICLE XI Good Faith The Parties, their agents, and employees agree to cooperate in good faith in fulfilling the terms of this Agreement. The Parties agree that they will attempt to resolve any disputes concerning the interpretation of this Agreement and unforeseen questions and difficulties which may arise in implementing the Agreement by good faith negotiations before resorting to termination of this Agreement and/or litigation. ARTICLE XII Notices Any and all notices or any other communication herein required or permitted shall be deemed to have been given when personally delivered or deposited in the United States postal service as regular mail, postage prepaid, and addressed as follows or to such other person or address as a party may designate in writing to the other party: To the District: Superintendent of Schools Poudre School District R-1 2407 LaPorte Avenue Fort Collins, Colorado 80521-2297 President Poudre School District R-1 Board of Education 2407 LaPorte Avenue Fort Collins, Colorado 80521-2297 To the City: Chief of Police Fort Collins Police Services 300 LaPorte Avenue Post Office Box 580 Fort Collins, Colorado 80522-0580 City Manager City of Fort Collins 300 LaPorte Avenue Post Office Box 580 Fort Collins, Colorado 80522-0580 ARTICLE XIII Modification This document constitutes the full understanding of the Parties, and no term, condition, understanding or agreement purporting to modify or vary the terms of this Agreement shall be binding unless hereafter 1 Packet Pg. 211 Attachment: Exhibit A (7980 : School Resource Officer Agreement RESO) made in writing signed by the both Parties ARTICLE XV Non-Assignment; No Third Party Beneficiary This Agreement, and each and every covenant herein, shall not be capable of assignment except with the prior consent of both Parties. This Agreement shall not be construed as or deemed to be an Agreement for the benefit of any third party or parties, and no third party or parties shall have a right of action hereunder for any cause whatsoever. ARTICLE XVI Merger This Agreement constitutes a final written expression of all the terms of this Agreement and is a complete and exclusive statement of those terms. ARTICLE XVII Counterparts This Agreement may be signed in counterparts, and each counterpart shall be deemed an original, and all the counterparts taken as a whole shall constitute one and the same instrument. ARTICLE XVIII Supersedes Previous Agreement This Agreement replaces and supersedes in all respects all previous SRO Agreement as it relates solely to the agreements contained therein between the District and the City. IN WITNESS WHEREOF, the parties have caused this Agreement to be signed by their duly authorized officers. 1 Packet Pg. 212 Attachment: Exhibit A (7980 : School Resource Officer Agreement RESO) POUDRE SCHOOL DISTRICT R-1 BOARD OF EDUCATION _________________________ By: ___________________________ Date President ATTEST: ______________________ Secretary CITY OF FORT COLLINS _________________________ By: ___________________________ Date Darin A. Atteberry, City Manager ATTEST: _____________________________ City Clerk APPROVED AS TO FORM _____________________________ Assistant City Attorney _________________________ Date 1 Packet Pg. 213 Attachment: Exhibit A (7980 : School Resource Officer Agreement RESO) Appendix A 2019 Officer Ongoing Officer Tuition Reimbursement 350 Voicemail Extension 96 Cell Phone Charges 600 Broadband 500 Outlook 74 Training 1,000 Summons/Form Expenses 125 Office Supplies 200 Uniforms/Equipment/Officer Supplies 2,142 Lab Supplies 125 Vehicle Lease 10252 Tasers /Body Cams 1,288 Total Operating Expenses: $16,752 Ongoing: Operating per Officer $16,752 Ongoing: Salary & Benefits $121,223 Total Per Expenses per Officer: $137.975 1 Packet Pg. 214 Attachment: Exhibit A (7980 : School Resource Officer Agreement RESO) Appendix A (cont.) 2019 Corporal Ongoing Corporal Tuition Reimbursement 350 Voicemail Extension 96 Cell Phone Charges 600 Broadband 500 Outlook 74 Training 1,000 Summons/Form Expenses 125 Office Supplies 200 Uniforms/Equipment/Officer Supplies 2,142 Lab Supplies 125 Vehicle Lease 10252 Tasers /Body Cams 1,288 Total Operating Expenses: $16,752 Ongoing: Operating per Officer $16,752 Ongoing: Salary & Benefits $130,496 Total Per Expenses per Officer: $147,248 1 Packet Pg. 215 Attachment: Exhibit A (7980 : School Resource Officer Agreement RESO) Appendix A (cont.) Sergeant 2019 Sergeant Ongoing Tuition Reimbursement 350 Land Line 507 Cell Phone Charges 600 Broadband 500 Outlook 74 Training 1,000 Summons/Form Expenses 125 Office Supplies 200 Uniforms/Equipment/Officer Supplies 2,142 Lab Supplies 125 Vehicle Lease 10252 Tasers/Body Cams 1,288 $17,163 Ongoing: Operating per Sergeant $17,163 Ongoing: Salary & Benefits $150,658 Total Per Expenses per Sergeant: $167,410 1 Packet Pg. 216 Attachment: Exhibit A (7980 : School Resource Officer Agreement RESO) Appendix A (cont.) 2019 Daily Rate 50% Daily Rate Position 2019 Total FCPS Cost Based on 260 Working Days SRO $137,975.00 $530.67 $265.34 SRO Corporal $147,248.00 $566.34 $283.17 SRO Sgt. $167,410.00 $643.88 $321.94 11 Officers $265.34 $2,918.74 $642,122.80 2 Corporals (Negotiated Start-up Cost) $28,195.54 2 Corporals $283.17 $566.34 $124,594.80 1 Sergeant $321.94 $321.94 $70,826.80 Total Cost $870.45 $3,806.99 $865,739.94 1 Packet Pg. 217 Attachment: Exhibit A (7980 : School Resource Officer Agreement RESO) Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY May 21, 2019 City Council STAFF Judge Kathleen M. Lane, Chief Judge Ingrid Decker, Legal SUBJECT Resolution 2019-062 Appointing Brandi Lynn Nieto as an Assistant Municipal Judge of the Fort Collins Municipal Court and Authorizing the Execution of an Employment Agreement. EXECUTIVE SUMMARY The purpose of this item is to appoint Brandi Lynn Nieto as an Assistant Municipal Judge for the Fort Collins Municipal Court. The City Charter provides for the appointment of judges of the Municipal Court for two (2) year terms. Chief Judge Kathleen M. Lane recommends that Ms. Nieto be appointed as a second Assistant Municipal Judge, to serve in the absence of the Chief Judge and Assistant Judge Teresa Ablao. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION This Resolution appoints Brandi Lynn Nieto as an Assistant Municipal Judge for the Fort Collins Municipal Court and authorizes the Mayor to execute an employment agreement with Ms. Nieto. Chief Judge Lane recommends the appointment of this second Assistant Municipal Judge in order to provide a back-up for herself and Assistant Judge Teresa Ablao. After advertising the position opening, reviewing applications, and conducting interviews with a panel, Judge Lane recommends that Ms. Nieto be appointed to this position. Ms. Nieto is a reputable and qualified attorney who has substantial experience as a Municipal Judge for other Colorado courts. CITY FINANCIAL IMPACTS The proposed rate of pay of $75 per hour is the same rate that Assistant Judge Ablao has been earning since starting in this position in mid-2012. That hourly rate is in line with the rate being paid by other Municipal Courts in the front range. This second Assistant Municipal Judge will likely serve 1-2 days per month and the expense will be covered by the current Municipal Court budget. 13 Packet Pg. 218 -1- RESOLUTION 2019-062 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPOINTING BRANDI LYNN NIETO AS AN ASSISTANT MUNICIPAL JUDGE OF THE FORT COLLINS MUNICIPAL COURT AND AUTHORIZING THE EXECUTION OF AN EMPLOYMENT AGREEMENT WHEREAS, Article VII of the City Charter provides that the City Council shall appoint the judge or judges of the Municipal Court for two year terms; and WHEREAS, Chief Judge Kathleen Lane has recommended that City Council appoint an additional Assistant Municipal Judge as a back-up for herself and Assistant Judge Teresa Ablao; and WHEREAS, the City Council recognizes that Brandi Lynn Nieto is a reputable and qualified attorney and wishes to appoint Ms. Nieto to serve in such capacity on the recommendation of the Chief Judge. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Brandi Lynn Nieto is hereby appointed Assistant Municipal Judge, for a term beginning May 22, 2019, and ending May 21, 2021, to serve as an Assistant Municipal Judge for the City as deemed necessary by the Chief Judge. Section 3. That the compensation to be paid by the City to Ms. Nieto for serving in this capacity shall be at the rate of Seventy-Five Dollars ($75) per hour. Section 4. That the Mayor is hereby authorized to enter into an employment agreement in a form consistent with Exhibit “A” attached hereto and incorporated herein by this reference, for the period of May 22, 2019, through May 21, 2021, between the City and Brandi Lynn Nieto to effectuate the purposes of this Resolution. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 21st day of May, A.D. 2019. _________________________________ Mayor ATTEST: _____________________________ Chief Deputy City Clerk Packet Pg. 219 EXHIBIT A EMPLOYMENT AGREEMENT THIS AGREEMENT is made and entered into this 22nd day of May 2019, by and between the City of Fort Collins, hereinafter referred to as the “City,” and Brandi Lynn Nieto, hereinafter referred to as the “Employee,” pursuant to these terms and conditions: WHEREAS, the City wishes to employ the services of the Employee as Assistant Municipal Judge and the Employee wishes to provide her services to the City in that capacity; and WHEREAS, pursuant to Resolution 2019-062, the City Council has approved of the appointment of the Employee as Assistant Municipal Judge and has authorized the Mayor to enter into an Employment Agreement; and WHEREAS, the City and the Employee desire to provide for certain procedures, benefits, and requirements regarding the employment of the Employee by the City. NOW, THEREFORE, for and in consideration of the mutual covenants and promises herein contained, the City and the Employee do hereby agree to the following: 1. Scope of Services The City agrees to employ the Employee as Assistant Municipal Judge and the Employee agrees to perform all functions and duties as specified in the job description attached hereto as Exhibit “A” and incorporated herein by reference, and to perform such other duties as might be assigned. 2. Compensation The Employee shall be compensated at the regular rate of Seventy-Five Dollars ($75.00) per hour, less deductions and withholdings required by law, or authorized by Personnel Policies and Procedures, or authorized by the Employee. The Court Administrator, in coordination with the Employee, shall maintain and submit to the City a time sheet showing all hours worked prior to any payment therefor. All payments shall be made within thirty (30) days of receipt of said time sheet. This position shall be considered exempt for the purposes of the Fair Labor Standards Act and applicable state laws; accordingly, the Employee shall not be eligible for overtime pay. 3. Term of Employment (a) The term of this Agreement shall be from May 22, 2019, to and including May 21, 2021. Nothing contained in this Agreement shall preclude renegotiation of this Agreement prior to the expiration of its term. 1 Packet Pg. 220 Attachment: Exhibit A (7968 : Municipal Court - Assistant Municipal Judge RESO) EXHIBIT A Brandi Lynn Nieto Employment Agreement May 22, 2019 Page 2 of 5 (b) It is understood and agreed to by the Employee that upon termination of this Agreement, either under this paragraph or under the provisions of Paragraph 4 hereof, the Employee shall not be entitled to any amount of additional compensation, as severance pay or otherwise, other than as provided in Paragraphs 2 and 6 of this Agreement. 4. Early Termination (a) Either party may terminate this Agreement at any time with or without cause prior to the expiration of the term hereof by providing written notice of termination to the other party at least fifteen (15) calendar days prior to the date of early termination. The City may, at its discretion, provide the Employee with fifteen (15) calendar days' compensation at her regular rate in lieu of such notice. Such notice shall be deemed effective upon personal delivery or as of the date of deposit into the United States mail, postage prepaid, addressed as follows: TO THE EMPLOYEE: Brandi Lynn Nieto At last known address on file with the Human Resources Department TO THE CITY: City of Fort Collins, Colorado Judge Kathleen M. Lane P.O. Box 580 Fort Collins, CO 80522 (b) The City has appropriated funds in the current fiscal year to meet the obligations of this Agreement through the current fiscal year. This Agreement shall terminate at the end of the City’s current fiscal year if the City does not, prior to the end of the current fiscal year, appropriate funds for the subsequent fiscal year with which to meet its obligation under this Agreement in the subsequent fiscal year. The parties acknowledge that the City has made no promise to continue to appropriate funds beyond the current fiscal year. 5. Insurance Coverage; Vacation, Holiday and Sick Leave The Employee shall not be entitled to the medical insurance plans, dental insurance plans, vision plan, life and accidental death and dismemberment insurance plans, long term disability plan, an Employee Assistance Program, retirement or deferred compensation plans, or any other group insurance plan or other benefits that may be offered to some other City employees. The Employee shall not be entitled to paid vacation time, paid holiday time, paid sick leave, paid short-term disability leave, or any other sort of paid leave as may be available to some other City employees. 1 Packet Pg. 221 Attachment: Exhibit A (7968 : Municipal Court - Assistant Municipal Judge RESO) EXHIBIT A Brandi Lynn Nieto Employment Agreement May 22, 2019 Page 3 of 5 6. Applicability of Personnel Policies (a) The Employee hereby acknowledges receipt of the City’s Personnel Policies and Procedures and agrees that she shall comply with and be bound by all provisions that apply to contractual employees. The Employee acknowledges that the City may in its sole discretion amend, modify, supplement, rescind or otherwise change any and all policies and procedures in the Personnel Policies and Procedures at any time. (b) Although the City’s Personnel Policies and Procedures contains examples of types of disciplinary action including dismissal and examples of misconduct, it is understood and agreed by the Employee that the City is not required to take any disciplinary action whatsoever or follow any sort of disciplinary procedures prior to terminating this Agreement pursuant to paragraphs 3 and 4 above. In the event the City, in its sole discretion, decides to undertake disciplinary action, the City may discontinue such action at any time and at no time waives its right to terminate this Agreement pursuant to paragraphs 3 and 4 above. (c) In the event that any applicable personnel policies set forth in the City’s Personnel Policies and Procedures are inconsistent or conflict with the terms of this Agreement, then the terms of this Agreement shall be controlling. 7. Proprietary Rights (a) The Employee will disclose to the City promptly all improvements, discoveries, ideas, inventions, and information pertinent to the operation or functions of the City which the Employee may develop either individually or in conjunction with others, or of which existence the Employee may otherwise learn during the period of employment by the City. (b) The Employee agrees that all products which she may develop during the Employee's employment, whether individually or in conjunction with others, and all intermediate and partial versions thereof, as well as all materials, flow charts, notes, outlines and the like created in connection therewith (collectively referred to as “Work Product”), and any formulae, processes, logarithms, ideas and other information not generally known to the public, whether or not protected by copyright, and developed or generated by the Employee in the course of the Employee's employment hereunder, shall be the sole property of the City upon their creation or, in the case of copyrightable works, fixation in a tangible medium of expression. (c) The Employee hereby assigns to the City the sole and exclusive right, title and interest in and to all Work Product, and all copies of such Work Product, without further consideration. The 1 Packet Pg. 222 Attachment: Exhibit A (7968 : Municipal Court - Assistant Municipal Judge RESO) EXHIBIT A Brandi Lynn Nieto Employment Agreement May 22, 2019 Page 4 of 5 Employee further acknowledges that the City shall retain ownership of and the right to reproduce, market, license, or otherwise distribute any program or material produced by the Employee under the terms of this Agreement. If the Chief Municipal Judge in her discretion evaluates and determines that a form, record, document, program or material is not of significant value from the City’s standpoint or confidential, Employee may reproduce, use or otherwise disseminate such information used, created or learned during her employment. 8. Entire Agreement This Agreement constitutes the entire agreement between the parties concerning the rights granted herein and the obligations assumed herein. Any oral representation or oral modification concerning this Agreement shall be of no force or effect. Although the personnel policies set forth in the City's Personnel Policies and Procedures may be amended, modified, supplemented or rescinded at any time at the sole discretion of the City, the terms of this Agreement can be modified only by a writing signed by the parties hereto. It is further understood and agreed by the Employee that no representation, promise or other agreement not expressly contained herein has been made to induce the execution of this Agreement, and that the terms of this Agreement are contractual and not merely recitals. 9. Enforcement of Agreement; Attorneys' Fees and Costs If any action is brought to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and costs in addition to any other relief to which it or she is entitled. 10. Severability Should any provision, part or term of this Agreement be declared or determined by a court of competent jurisdiction to be illegal, invalid or unenforceable, then the legality, validity and enforceability of the remaining parts, terms and provisions should not be affected thereby and said illegal, invalid or unenforceable part, provision or term shall be deemed not to be part of this Agreement. 11. Binding Effect This Agreement shall be binding upon the parties hereto and the heirs, successors and assigns of each respectively. The City and the Employee freely and voluntarily enter into this Agreement and have executed this Agreement having first read the same and intending to be bound. 1 Packet Pg. 223 Attachment: Exhibit A (7968 : Municipal Court - Assistant Municipal Judge RESO) EXHIBIT A Brandi Lynn Nieto Employment Agreement May 22, 2019 Page 5 of 5 CITY OF FORT COLLINS, COLORADO, a municipal corporation By:__________________________ Wade O. Troxell, Mayor ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney EMPLOYEE: Brandi Lynn Nieto, Esq. APPROVED: Human Resources Director APPROVED: Judge Kathleen M. Lane 1 Packet Pg. 224 Attachment: Exhibit A (7968 : Municipal Court - Assistant Municipal Judge RESO) EXHIBIT A EXHIBIT A JOB DESCRIPTION FOR THE ASSISTANT MUNICIPAL JUDGE The Assistant Municipal Judge shall handle arraignment and trial sessions as well as other hearings of the Fort Collins Municipal Court on the dates and times agreed upon with the Chief Judge or, in her absence, the Court Administrator. During arraignment sessions (including video advisements of prisoners held at the Larimer County Jail), the Assistant Municipal Judge shall give the advisements (or ensure that written advisements have been reviewed and signed by defendants) accept any type of plea allowed by law and process paperwork as requested by the Chief Judge or Court Administrator. During Court sessions, the Assistant Municipal Judge shall conduct all the hearings in accordance with the laws and procedures applicable to the Court. 1 Packet Pg. 225 Attachment: Exhibit A (7968 : Municipal Court - Assistant Municipal Judge RESO) Agenda Item 14 Item # 14 Page 1 AGENDA ITEM SUMMARY May 21, 2019 City Council STAFF Carrie Daggett, City Attorney SUBJECT Resolution 2019-064 Adopting Amended Rules of Procedure Governing the Conduct of City Council Meetings and Council Work Sessions. EXECUTIVE SUMMARY The purpose of this item is to update the Rules of Procedure for Council meetings and work sessions to clarify various public hearing processes and provide an option for adoption of the Consent Calendar if 4 or more items are pulled. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION Since 2003, the Council has conducted its meetings under rules of procedure that govern the length of meetings, citizen comment, Council questions and debate, and basic rules of order. These Rules of Procedure have been amended on occasion to reflect changes, refinements, and clarifications to the procedures, and were most recently amended in 2018. In summary, the revisions to the Rules of Procedure include: • Clarifying portions of the hearing process used for addition of permitted use and zonings/rezonings of land, including: o Allowing the affected property owner to present and provide rebuttal testimony if they are someone other than the applicant. • Providing a new process for consideration of Consent Calendar items when the presiding officer determines that the number of items pulled is substantial and may impair the Council’s ability to complete the planned agenda. In that case, the presiding officer may declare that the following process be used: o All citizen-pulled items (to be listed by number) will be considered as a group under the heading “Consideration of Citizen-Pulled Consent Items.” o At that point in the meeting, each citizen wishing to speak will be given a single chance to speak about any and all of the items that have been moved to that part of the agenda. o After citizen comments, any Councilmember may specify items from the list of Citizen-Pulled Consent Items for Council to discuss and vote on individually. o Excluding those specified items, Council will then adopt all “Citizen-Pulled Consent Items” as a block, by a single motion, second and vote. 14 Packet Pg. 226 Agenda Item 14 Item # 14 Page 2 o Any Citizen-Pulled Consent Items that a Councilmember has asked be considered individually will then be considered using the regular process for considering discussion items. • Providing for flexibility in the scheduling of proclamations. o The presiding officer may, in his or her discretion, request that the City Clerk schedule the presentation of proclamations to begin as early as 5:00 p.m., so long as such request is made in time to allow twenty-four-hour notice to the public of the updated start time. • Additional changes update the rules to reflect Council practice and to simplify and clarify details of how Council meetings are conducted. ATTACHMENTS 1. Council Procedures (redlined to show changes) (PDF) 14 Packet Pg. 227 Rules of Procedure Governing the Conduct of City Council Meetings and Work Sessions Adopted May 21, 2019 Resolution 2019-064 Section 1. Order of Business for Regular or Special Council Meetings. a. Council business at regular Council meetings shall be conducted in the following order (except as provided in Subsection 1.c, 1.d, 1.e or 1.f, below): (1) Proclamations and Presentations. (Prior to the meeting) (2) Pledge of Allegiance (3) Call Meeting to Order (4) Roll Call (5) City Manager’s Agenda Review (including removal of items from Consent Calendar for individual discussion) (6) Opportunity for City Council to Pull Consent Items (7) Opportunity for Citizens to Pull Consent Items (8) Citizen Participation (9) Citizen Participation Follow-up (10) Consent Calendar (11) Consent Calendar Follow-up (12) Staff Reports (13) Councilmember Reports (14) City Manager/Council-Pulled Consent Items (15) Items Needing Individual Consideration (16) Citizen-Pulled Consent Items (17) Other Business (18) Adjournment b. Council business at special Council meetings shall be conducted in the following order (except as provided in Subsection 1.c, 1.d, 1.e or 1.f, below): (1) Pledge of Allegiance (2) Call Meeting to Order (3) Roll Call (4) Individual Consideration of Items Identified in the Call of Special Meeting (5) Adjournment c. Appeals to Council shall be conducted in accordance with Division 3 of Article II of Chapter 2 of the City Code. d. Addition of a Permitted Use applications pursuant to Land Use Code Section 1.3.4(c)(3) and zonings and rezonings of land with an area of six hundred forty acres or less (“Quasi-judicial Rezonings”), shall be conducted as follows subject to ATTACHMENT 1 14.1 Packet Pg. 228 Attachment: Council Procedures (redlined to show changes) (8006 : Council Procedures) City Council Rules of Procedure (May 21, 2019) 2 such limitations in time and scope as may be imposed at the discretion of the presiding officer: (1) Announcement of Item; (2) Consideration of any procedural issues; (3) Explanation of the application by City staff; (4) Presentation by the applicant and/or by the affected property owner (if not the applicant); (5) Public testimony regarding the application; (6) Rebuttal testimony by the applicant/property owner; (7) Councilmember questions of City staff, the applicant/property owner and other commenters; and (8) Motion, discussion and vote by the City Council. e. Protest hearings required underpursuant to City Code Section 7-88 (regarding re- districting) and or Section 7-156 (regarding ballot title and/or submission clause) shall be conducted in the following order, as part of the agenda item for the item under protest: (1) Announcement of Item; (2) Staff Presentation for Agenda Item; (3) Presentation by each person who timely filed a Protest; (4) Councilmember questions of City staff and the protesting parties; and (5) Motion on each Protest, discussion and vote on each Protest the by the City Council. After completion of the Protest Hearing, Council will return to the Agenda Item and receive citizen comments from any persons desiring to speak on the Agenda Item. f. Procedures for conduct of other types of special proceedings by the Council shall be established by the presiding officer and shall comply with any applicable legal requirements. g. Items for which a public hearing is required may be considered as part of the Consent Calendar, and if any item is not pulled from the Consent Calendar for individual consideration and is adopted as part of the Consent Calendar, it will be deemed to have been the subject of a public hearing as required by any applicable Code or other legal requirements. h. If the presiding officer determines that the number of items pulled from the Consent Calendar by citizens is substantial and may impair the Council’s ability to complete the planned agenda, the presiding officer may declare that the following process will be used to simplify consideration of the Citizen-Pulled Consent Items: 14.1 Packet Pg. 229 Attachment: Council Procedures (redlined to show changes) (8006 : Council Procedures) City Council Rules of Procedure (May 21, 2019) 3 (1) All citizen-pulled items (to be listed by number) will be considered as a group under the heading “Consideration of Citizen-Pulled Consent Items.” (2) At that time, each citizen wishing to speak will be given a single chance to speak about any and all of the items that have been moved to that part of the agenda. (3) After the citizen comments, any Councilmember may specify items from the list of Citizen-Pulled Consent Items for Council to discuss and vote on individually. Excluding those specified items, Council will then adopt all “Citizen-Pulled Consent Items” as a block, by a single motion, second and vote. (4) Any Citizen-Pulled Consent Items that a Councilmember has asked be considered individually will then be considered using the regular process for considering discussion items. Section 2. Length of Regular Meetings a. Regular Council meetings will begin at 6:00 p.m. Proclamations will be presented prior to the meeting at approximately 5:30 p.m., and will end no later than 6:00 p.m. The presiding officer may, in his or her discretion, request that the City Clerk schedule the presentation of proclamations to begin as early as 5:00 p.m., so long as such request is made in time to allow twenty-four hours notice to the public of the updated start time. b. Appropriate breaks will be taken during meetings at the presiding officer’s discretion based on meeting length and agenda. c. Every regular 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 Council may, at any time prior to adjournment, by majority vote, extend a meeting until no later than midnight for the purpose of considering additional items of business. Any matter whichthat has been commenced and is still pending at the conclusion of the Council meeting, and all matters scheduled for consideration at the meeting whichthat have not yet been considered by the Council, will be continued to the next regular Council meeting and will be placed on the discussion agenda for such meeting, unless Council determines otherwise. Section 3. Citizen Comment During Regular and Special Council Meetings. a. Comment during Citizen Participation. During the “Citizen Participation” segment of each meeting, citizen comment will be allowed on matters of interest or concern to citizens except the following: 14.1 Packet Pg. 230 Attachment: Council Procedures (redlined to show changes) (8006 : Council Procedures) City Council Rules of Procedure (May 21, 2019) 4 (1) items the Council will consider at that night’s meeting that include time for citizen comment (discussion items); (2) matters that are the subject of a board or hearing officer decision that will be appealable to the Council, if an action submittal has been made taken to initiate the application, review and decision-making process. b. Comment on Agenda Items. Citizen input will be received with regard to: (1) each item on the discussion agenda; (2) each item pulled from the consent agenda; and (3) any item that is addressed by formal Council action under the “Other Business” segment of the meeting that may directly affect the rights or obligations of any member of the general public. The Council may, but is not required to, receive citizen input in connection with procedural matters and motions. Except as otherwise provided in these rules, Such citizen input will be permitted only once per item regardless of the number of motions made during Council’s consideration of the item. c. Time Limits for Speaking. The amount of time to be allotted to each speaker will be set by the presiding officer based upon the number of persons expected to speak, in order to allow as many as possible to address the Council within a reasonable time given the scheduled agenda. The presiding officer may ask require those intending to speak to indicate their intention by a show of hands or some other means, and to move to one of the two lines of speakers (or to a seat nearby for those not able to stand while waiting). Each speaker will generally be limited to three minutes. If necessary in order to facilitate Council’s understanding of the item, or to allow the Council to consider and act upon the item in a timely fashion, the presiding officer may increase or decrease the time that would otherwise be allowed for each speaker. d. Manner of Addressing the Council. Comment and testimony are to be directed to the Council. Unless otherwise directed by the presiding officer, all comments must be made into the microphone. e. Yielding the Lectern. Each speaker shall promptly cease his or her comments and yield the lectern immediately upon the expiration of the time allotted by the presiding officer. f. Yielding of Time. No speaker may yield part or all of his or her time to another speaker, and no speaker will be credited with time requested but not used by another. 14.1 Packet Pg. 231 Attachment: Council Procedures (redlined to show changes) (8006 : Council Procedures) City Council Rules of Procedure (May 21, 2019) 5 g. Citizen Presentation Materials and Evidence. The use of City projection equipment to display presentation materials to Council will be allowed in limited circumstances that permit City staff to manage the use of the equipment, prepare materials for display and avoid delay or disruption to the meeting. The following limits will apply to all presentations by members of the public: (1) Persons wishing to display presentation materials using the City’s display equipment under the Citizen Participation portion of a meeting or during discussion of any Council item must provide any such materials to the City Clerk in a form or format readily usable on the City’s display technology no later than two (2) hours prior to the beginning of the meeting at which the materials are to be presented. (2) As an exception to subsection (1), parties-in-interest in agenda items considered under Section 1.c, 1.d, 1.e or 1.f, above, shall provide all presentation materials to be displayed or proffered for Council consideration to the City Clerk (whether in hard copy or for display) in the manner specified by the City Clerk no later than noon on the day of the meeting at which the subject item is scheduled for consideration or 4:00 p.m. the business day prior to the meeting if the meeting begins earlier than 6:00 p.m. Any such materials must be in a form or format readily usable on the City’s display technology. NOTE: Parties in appeals to Council may present new evidence only in the limited circumstances set forth in Chapter 2 of the City Code. Section 4. Public Conduct During Regular and Special Council Meetings and Work Sessions. a. General Comment, or Expressions of Support or Opposition. Members of the audience are not entitled to speak except as provided in these Rules of Procedure, or as expressly requested by the presiding officer or City staff, and shall not engage in expressions of support or opposition, such as clapping, whistling, cheering, foot stomping, booing, hissing, speaking out, yelling, or other acts, that disturb, disrupt, or impede the meeting or any recognized speaker. b. Signs and Props. (1) Signs and props no larger than 11" x 17" are permitted in the City Council Chambers or in the Council Information Center or other Council meeting room (collectively referred to as the “Meeting Room”), except no such signs or props shall be displayed during the conduct of a quasi-judicial hearing during which general public comment is not taken other than by authorized speakers in connection with their hearing testimony. 14.1 Packet Pg. 232 Attachment: Council Procedures (redlined to show changes) (8006 : Council Procedures) City Council Rules of Procedure (May 21, 2019) 6 (2) Such signs or props must be held directly in front of one's body so as not to impede the view of others. (3) Signs or props may not be waved, held by more than one person at a time, or used in a manner that, in the judgment of the presiding officer, disrupts the orderly conduct of business. (4) Signs or props may not be left unattended anywhere in the Meeting Room or left unattended on display in the City Hall lobby area. (5) Signs or props attached to sticks, poles, or other objects are prohibited. c. Distribution of Literature. Distribution of fliers or other literature is permitted in the public lobby areas of City Hall only when City Hall is open for a public event. Distribution of fliers and other literature is permitted on the sidewalks and grounds around City Hall. Persons wishing to engage in such activities may do so only in a manner that does not interfere with the movement of persons or obstruct the passage of pedestrians or vehicles. d. Video and Audio Recording. Video and audio recording by the press or other members of the public is permitted in the Meeting Room only if the person making the recording is using a small unobtrusive recording device and is seated or standing at a speaker lectern when authorized to speak, or in line awaiting an opportunity to speak, or is either standing in the back of the Meeting Room behind all seated persons or standing in any other area pursuant to the direction of the presiding officer in his or her reasonable discretion or designated for that purpose in advance by the City. e. Areas Permitted for Seating and Standing. Except for persons waiting in line to speak in accordance with the presiding officer’s instructions, no persons shall sit in the Meeting Room except in chairs or seats provided by the City or in wheelchairs or other assistive devices, and no persons shall stand in the aisles or other locations in the Meeting Room except in the back of the Meeting Room, and only in accordance with other applicable limits for fire and building safety. Section 5. Procedural Decisions Subject to Modification by Council. Decisions by the presiding officer regarding procedures and procedural issues, including but not limited to time limits for public comment, may be overridden by a majority vote of the Council. Section 6. Council Questions and Debate. Council questions and debate regarding an agenda item during a regular or special Council meeting will occur immediately following citizen input and prior to entertaining any main motion related to the item. Except when raising a point of order at a regular or special Council meeting, Councilmembers seeking to ask questions or participate in debate or discussion will do so only when recognized by the presiding officer. The presiding officer may limit or curtail questions or 14.1 Packet Pg. 233 Attachment: Council Procedures (redlined to show changes) (8006 : Council Procedures) City Council Rules of Procedure (May 21, 2019) 7 debate as he or she deems necessary for the orderly conduct of business. Section 7. Basic Rules of Order for Regular and Special Council Meetings. The following commonly used rules of order will govern the conduct of City Council business at regular and special Council meetings. Except as specifically noted, all motions require a second. These rules of order are in concept based upon Robert’s Rules of Order Newly Revised and have been modified as necessary to conform toreflect the existing practices of the Council and to the requirements of the City Charter and City Code. For example, while a two-thirds vote is necessary for the passage of some of the motions listed below under Robert’s Rules of Order, all motions of the Council, except a motion to go into executive session or a motion to adopt an emergency ordinance, may be adopted upon approval of a majority vote of the members present at a Council meeting, pursuant to Art. II, Sec. 11 of the City Charter. If there is a question of procedure not addressed by these rules, reference may be made to Robert’s Rules of Order for clarification or direction, however, adherence to Robert’s Rules of Order shall is not be mandatory, and, in the event of any conflict between these rules of order and Robert’s Rules of Order, these rules of order shall prevail. In the event of any conflict between these rules of order or Robert’s Rules of Order and a City Charter or City Code provisions, the City Charter or City Code provision shall prevail. Any councilmember and the presiding officer may make or second any motion, except as specifically limited by these rules. MAIN MOTIONS • Main motions are used to bring business before the Council for consideration and action. • A main motion can be introduced only if no other business is pending. • All main motions require a second and may be adopted by majority vote of those Councilmembers present and voting, except that: (1) a motion to go into executive session requires a two-thirds vote of those present and voting and (2) a motion to adopt an emergency ordinance requires the affirmative vote of at least five (5) Councilmembers for approval. • A main motion may be made or seconded by any Councilmember, including the presiding officer. • A main motion is debatable and may be amended. SUBSIDIARY MOTIONS These are motions that may be applied to another motion for the purpose of modifying it, delaying action on it, or disposing of it. 1. Motion to Amend. The point of a motion to amend is to modify the wording - and, within certain limits, the meaning - of a pending motion before the pending motion itself is acted upon. • A motion to amend, once seconded, is debatable and may itself be amended once. 14.1 Packet Pg. 234 Attachment: Council Procedures (redlined to show changes) (8006 : Council Procedures) City Council Rules of Procedure (May 21, 2019) 8 • A "secondary amendment," which is a change to a pending "primary amendment," cannot be amended. • Once a motion to amend has been seconded and debated, it is decided before the main motion is decided. • Certain motions to amend are improper. o For example, an amendment must be “germane” to be an order. To be germane, an amendment must in some way involve the same question that is raised by the motion to which it is applied. o Also, some motions to amend are improper, for example, a motion that would merely make the adoption of the amended question equivalent to a rejection of the original motion, or one that would make the question as amended identical with, or contrary to, one previously decided by the Council during the same session. • “Friendly” amendments acceptable to the maker and the seconder of the main motion do not require a second and are permissible at any time before a vote is taken on motions to amend the main motion. 2. Withdrawal of a Motion. After a motion has been seconded and stated by the presiding officer it belongs to the Council as a whole and the maker may withdraw his or her motion unless one or more members of the Council objects, in which case the majority of the Council must consent to withdrawal of the motion. 3. Motion to Postpone to a Certain Time (or Definitely). This is the motion by which action on an agenda item or a pending motion can be put off to a definite day, meeting or hour, or until after a certain event has occurred. • A motion to postpone definitely can be debated only to the extent necessary to enable the Council to determine whether the main motion should be postponed and, if so, to what date or time. • Similarly, it is amendable only as to the date or time to which the main motion should be postponed. 4. Motion to Lay on the Table. A motion to table is intended to enable the Council to lay the pending question aside temporarily, but only when something else of immediate urgency has arisen. • Adoption of a motion to lay on the table immediately halts the consideration of the affected motion, since a motion to table is neither debatable nor amendable. 5. Motion to Postpone Indefinitely. A motion to postpone indefinitely is, in effect, a motion that the Council decline to take a position on an agenda item or main motion. • Adoption of a motion to postpone indefinitely kills the agenda item or main motion and avoids a direct vote on the item or motion. It is useful in disposing of an item or motion that cannot either be adopted or expressly rejected without undesirable 14.1 Packet Pg. 235 Attachment: Council Procedures (redlined to show changes) (8006 : Council Procedures) City Council Rules of Procedure (May 21, 2019) 9 consequences. • A motion to postpone indefinitely is debatable but not amendable. 6. “Calling the Question”. "Calling the question" may sometimes motivate unanimous consent to end debate. If it does not, however, then debate does not automatically end. • If any member objects to ending the debate, the presiding officer should ask if there is a second to the motion and, if so, he must immediately take a vote on whether to end debate. • A motion to call the question is not debatable or amendable. INCIDENTAL MOTIONS. These are motions whichthat usually apply to the method of conducting business rather to the business itself. 1. Point of Order. If a Councilmember thinks that the rules of order are being violated, he or she can make a point of order, thereby calling upon the presiding officer for a ruling and an enforcement of the regular rules. • A “point of order” takes precedence over any pending question out of which it may arise and does not require a second. • A “point of order” is not amendable. • Technically, a “point of order” is not debatable; however: o With the presiding officer's consent, the member raising the point of order may be permitted to explain his or her point. o In response to a point of order, the presiding officer can either immediately rule, subject to appeal to the Council, or the presiding officer can refer the point of order to the judgment of the Council, in which case the point becomes debatable. o In making his or her ruling, the presiding officer may consult with the City Attorney or request the advice of experienced members of the Council. o No member has the right to express an opinion unless requested to do so by the presiding officer. • When the presiding officer has made a ruling, any two Councilmembers can appeal the ruling (one making the appeal and the other seconding it). o When an appeal is taken, the matter is decided by majority vote of the Council. o A tie vote sustains the decision of the presiding officer. • If a point of order is to be raised, it must be raised promptly at the time the perceived violation of the rules occurs. 2. Point of Information. Robert’s Rules of Order provides for a “point of information” or a “request for information” whichthat is appropriate in the formal setting of a large legislative body. Because Council consideration of an item is generally an opportunity to request information 14.1 Packet Pg. 236 Attachment: Council Procedures (redlined to show changes) (8006 : Council Procedures) City Council Rules of Procedure (May 21, 2019) 10 and ask questions, the formal “point of information” procedure provided in Robert’s Rules is not needed or appropriate for City Council meetings. 3. Motion to Divide a Question. If a motion relating to a single subject contains several parts, each of which is capable of standing as a complete proposition by itself, the parts of the motion can be separated for consideration and voted on as if they were distinct questions by the adoption of a motion for division of the question. • A motion to divide a question, if seconded, takes precedence over the main motion and is not debatable. • The motion to divide must clearly state the manner in which the question is to be divided, and while the motion to divide is pending, another member can propose a different division by moving an amendment to the motion to divide, in which case the amended form of the motion, if seconded, would be decided first. • Often, little formality is involved in dividing a question, and it is arranged by unanimous consent. 4. Motion to Suspend the Rules. When the Council wishes to do something that it cannot do without violating one or more of its regular rules, it can adopt a motion to suspend the rules that interfere with the proposed action. • A motion to suspend the rules can be made at any time that no question is pending and can be applied to any rule except those that are fundamental principles of the City Charter, City Code or other applicable laws. • This motion is neither debatable nor amendable. The presiding officer may suspend the rules by stating his or her desire to do so, unless a Councilmember states an objection. In the event of an objection, a motion, second and approval by a majority vote, as described above, is required. RESTORATIVE MOTIONS These are motions that bring a question again before the Council for its consideration. 1. Motion to Take from the Table. The object of this motion is to take from the table and make pending again before the Council a motion or series of adhering motions that previously had been laid on the table. • A motion to take an item from the table is neither debatable nor amendable. • When a question is taken from the table, it is before the Council with everything adhering to it, exactly as it was when laid on the table. 2. Motion to Reconsider. This motion enables a majority of the Council to bring back for further consideration a motion whichthat has already been voted on. 14.1 Packet Pg. 237 Attachment: Council Procedures (redlined to show changes) (8006 : Council Procedures) City Council Rules of Procedure (May 21, 2019) 11 • A motion to reconsider is in order only if made on the same date that the vote to be reconsidered was taken, and can be made only by a member who voted with the prevailing side of the vote to be reconsidered. • The purpose of reconsidering a vote is to permit the correction of hasty, ill-advised, or erroneous action, or to take into account added information or a changed situation that has developed since the taking of a vote. • When a member who cannot make a motion for reconsideration believes that there are valid reasons for one, he or she can try, if there is time or opportunity, to persuade someone who voted with the prevailing side to make such a motion. • A motion to reconsider is debatable whenever the motion proposed to be reconsidered was debatable. And, when debatable, opens to debate the merits of the question to be reconsidered. • A motion to reconsider is not amendable. • The effect of the adoption of a motion to reconsider is that the question on which the vote was reconsidered is immediately placed before the Council in the exact position it occupied the moment before it was voted on originally. 3. Motion to Rescind or Amend Something Previously Adopted. By means of the motions to rescind or to amend something previously adopted, the Council can change an action previously taken or ordered. • A motion to rescind or amend something previously adopted is debatable and amendable. • In contrast to a motion to reconsider, there is no time limit on making a motion to rescind or a motion to amend something previously adopted (provided that no action has been taken by anyone in the interim that cannot be undone), and these motions can be moved by any member of the Council, regardless of how he or she voted on the original question. • The effect of passage of this motion is not to place the matter back before the assembly as it was just prior to a vote being taken. o Instead, it either entirely nullifies the previous action or modifies it, depending upon which motion is used. o For that reason, adoption of a motion to rescind or amend something previously adopted should be carefully considered if third parties may have relied to their detriment on the previous action. • In order to modify an adopted resolution or ordinance, Council must adopt a new resolution or ordinance making the desired modification, in compliance with all formalities applicable to adoption of a resolution orn ordinance (as applicable). PRIVILEGED MOTIONS These motions are of such urgency or importance that they are entitled to immediate consideration, even when another motion is pending. This is because these motions do not relate to the pending business but have to do with special matters of immediate and overriding importance whichthat, without debate, should be allowed to interrupt the consideration of anything else, without debate. 14.1 Packet Pg. 238 Attachment: Council Procedures (redlined to show changes) (8006 : Council Procedures) City Council Rules of Procedure (May 21, 2019) 12 1. Motion to Adjourn. Generally, the presiding officer adjourns the meeting at his or her discretion at the completion of the agenda. However, any Councilmember may move to adjourn the meeting at any time. • A motion to adjourn requires a second. • A motion to adjourn is always a privileged motion except when the motion is conditioned in some way, as in the case of a motion to adjourn at, or to, a future time. o Such a conditional motion is not privileged and is treated just as any other main motion. o A conditional motion to adjourn at or to a future time is always out of order while business is pending. • An unconditional, privileged motion to adjourn takes precedence over most other motions. • The privileged motion to adjourn is neither debatable nor amendable, while a conditioned motion to adjourn is debatable and may be amended. 2. Motion to Recess. A motion to recess is essentially a motion to take a break during the course of a Council meeting. • A motion to recess must be seconded. o A motion to recess that is made when no question is pending is a main motion and should be treated as any other main motion. o A motion to recess is said to be privileged if it is made when another question is pending, in which case it takes precedence over all subsidiary and incidental motions and most other privileged motions. It is not debatable and is amendable only as to the length of the recess. • After a recess, the meeting resumes when the presiding officer has called the meeting back to order. 14.1 Packet Pg. 239 Attachment: Council Procedures (redlined to show changes) (8006 : Council Procedures) -1- RESOLUTION 2019-064 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING AMENDED RULES OF PROCEDURE GOVERNING THE CONDUCT OF CITY COUNCIL MEETINGS AND COUNCIL WORK SESSIONS WHEREAS, the City Council has previously adopted certain Rules of Procedure Governing the Conduct of City Council Meetings (the “Rules of Procedure”), which Rules of Procedure have been amended from time to time by the Council; and WHEREAS, the Rules of Procedure are intended to promote the orderly and efficient conduct of the meetings; and WHEREAS, the City Council wishes to further amend the Rules of Procedure to establish a new process for circumstances when several items have been removed from the Consent Calendar, in order to manage the impacts on the rest of the meeting agenda; and WHEREAS, the Council wishes to clarify its hearing procedures to avoid confusion about quasi-judicial matters that have been initiated by the City and directly impact a specified property and property owner; and WHEREAS, the Council further wishes to make other clarifying revisions and to update the stated rules to describe more fully some of the Council’s practices in the conduct of meetings; and WHEREAS, the revision of the Rules of Procedure to address the issues noted herein, as set forth in Exhibit A, will improve the conduct of Council meetings and provide clarity for the public; and WHEREAS, the City Council believes that such rules and regulations are in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That the revised Rules of Procedure Governing the Conduct of City Council Meetings and Work Sessions (“Rules of Procedure”), attached hereto as Exhibit “A” and incorporated herein by this reference, are hereby adopted by the City Council: Section 3. That the Rules of Procedure shall supersede all previous rules of procedure that have heretofore been adopted by the City Council including, but not limited to, Resolution 2018-034. Packet Pg. 240 -2- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 21st day of May, A.D. 2019. _________________________________ Mayor ATTEST: _____________________________ Chief Deputy City Clerk Packet Pg. 241 Rules of Procedure Governing the Conduct of City Council Meetings and Work Sessions Adopted May 21, 2019 Resolution 2019-064 Section 1. Order of Business for Regular or Special Council Meetings. a. Council business at regular Council meetings shall be conducted in the following order (except as provided in Subsection 1.c, 1.d, 1.e or 1.f, below): (1) Proclamations and Presentations. (Prior to the meeting) (2) Pledge of Allegiance (3) Call Meeting to Order (4) Roll Call (5) City Manager’s Agenda Review (including removal of items from Consent Calendar for individual discussion) (6) Opportunity for City Council to Pull Consent Items (7) Opportunity for Citizens to Pull Consent Items (8) Citizen Participation (9) Citizen Participation Follow-up (10) Consent Calendar (11) Consent Calendar Follow-up (12) Staff Reports (13) Councilmember Reports (14) City Manager/Council-Pulled Consent Items (15) Items Needing Individual Consideration (16) Citizen-Pulled Consent Items (17) Other Business (18) Adjournment b. Council business at special Council meetings shall be conducted in the following order (except as provided in Subsection 1.c, 1.d, 1.e or 1.f, below): (1) Pledge of Allegiance (2) Call Meeting to Order (3) Roll Call (4) Individual Consideration of Items Identified in the Call of Special Meeting (5) Adjournment c. Appeals to Council shall be conducted in accordance with Division 3 of Article II of Chapter 2 of the City Code. d. Addition of a Permitted Use applications pursuant to Land Use Code Section 1.3.4(c)(3) and zonings and rezonings of land with an area of six hundred forty acres or less (“Quasi-judicial Rezonings”), shall be conducted as follows subject to 1 Packet Pg. 242 Attachment: Exhibit A (8003 : Council Procedures RESO) City Council Rules of Procedure (May 21, 2019) 2 such limitations in time and scope as may be imposed at the discretion of the presiding officer: (1) Announcement of Item; (2) Consideration of any procedural issues; (3) Explanation of the application by City staff; (4) Presentation by the applicant and/or by the affected property owner (if not the applicant); (5) Public testimony regarding the application; (6) Rebuttal testimony by the applicant/property owner; (7) Councilmember questions of City staff, the applicant/property owner and other commenters; and (8) Motion, discussion and vote by the City Council. e. Protest hearings required under City Code Section 7-88 (regarding re-districting) or Section 7-156 (regarding ballot title and/or submission clause) shall be conducted in the following order, as part of the agenda item for the item under protest: (1) Announcement of Item; (2) Staff Presentation for Agenda Item; (3) Presentation by each person who timely filed a Protest; (4) Councilmember questions of City staff and the protesting parties; and (5) Motion on each Protest, discussion and vote on each Protest the by the City Council. After completion of the Protest Hearing, Council will return to the Agenda Item and receive citizen comments from any persons desiring to speak on the Agenda Item. f. Procedures for conduct of other types of special proceedings by the Council shall be established by the presiding officer and shall comply with any applicable legal requirements. g. Items for which a public hearing is required may be considered as part of the Consent Calendar, and if any item is not pulled from the Consent Calendar for individual consideration and is adopted as part of the Consent Calendar, it will be deemed to have been the subject of a public hearing as required by any applicable Code or other legal requirements. h. If the presiding officer determines that the number of items pulled from the Consent Calendar by citizens is substantial and may impair the Council’s ability to complete the planned agenda, the presiding officer may declare that the following process will be used to simplify consideration of the Citizen-Pulled Consent Items: 1 Packet Pg. 243 Attachment: Exhibit A (8003 : Council Procedures RESO) City Council Rules of Procedure (May 21, 2019) 3 (1) All citizen-pulled items (to be listed by number) will be considered as a group under the heading “Consideration of Citizen-Pulled Consent Items.” (2) At that time, each citizen wishing to speak will be given a single chance to speak about any and all of the items that have been moved to that part of the agenda. (3) After the citizen comments, any Councilmember may specify items from the list of Citizen-Pulled Consent Items for Council to discuss and vote on individually. Excluding those specified items, Council will then adopt all “Citizen-Pulled Consent Items” as a block, by a single motion, second and vote. (4) Any Citizen-Pulled Consent Items that a Councilmember has asked be considered individually will then be considered using the regular process for considering discussion items. Section 2. Length of Regular Meetings a. Regular Council meetings will begin at 6:00 p.m. Proclamations will be presented prior to the meeting at approximately 5:30 p.m., and will end no later than 6:00 p.m. The presiding officer may, in his or her discretion, request that the City Clerk schedule the presentation of proclamations to begin as early as 5:00 p.m., so long as such request is made in time to allow twenty-four hours notice to the public of the updated start time. b. Appropriate breaks will be taken during meetings at the presiding officer’s discretion based on meeting length and agenda. c. Every regular 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 Council may, at any time prior to adjournment, by majority vote, extend a meeting until no later than midnight for the purpose of considering additional items of business. Any matter that has been commenced and is still pending at the conclusion of the Council meeting, and all matters scheduled for consideration at the meeting that have not yet been considered by the Council, will be continued to the next regular Council meeting and will be placed on the discussion agenda for such meeting, unless Council determines otherwise. Section 3. Citizen Comment During Regular and Special Council Meetings. a. Comment during Citizen Participation. During the “Citizen Participation” segment of each meeting, citizen comment will be allowed on matters of interest or concern to citizens except the following: (1) items the Council will consider at that night’s meeting that include time for citizen comment (discussion items); 1 Packet Pg. 244 Attachment: Exhibit A (8003 : Council Procedures RESO) City Council Rules of Procedure (May 21, 2019) 4 (2) matters that are the subject of a board or hearing officer decision that will be appealable to the Council, if an action has been taken to initiate the application, review and decision-making process. b. Comment on Agenda Items. Citizen input will be received with regard to: (1) each item on the discussion agenda; (2) each item pulled from the consent agenda; and (3) any item that is addressed by formal Council action under the “Other Business” segment of the meeting that may directly affect the rights or obligations of any member of the general public. The Council may, but is not required to, receive citizen input in connection with procedural matters and motions. Except as otherwise provided in these rules, citizen input will be permitted only once per item regardless of the number of motions made during Council’s consideration of the item. c. Time Limits for Speaking. The amount of time to be allotted to each speaker will be set by the presiding officer based upon the number of persons expected to speak, in order to allow as many as possible to address the Council within a reasonable time given the scheduled agenda. The presiding officer may require those intending to speak to indicate their intention by a show of hands or some other means, and to move to one of the two lines of speakers (or to a seat nearby for those not able to stand while waiting). Each speaker will generally be limited to three minutes. If necessary in order to facilitate Council’s understanding of the item, or to allow the Council to consider and act upon the item in a timely fashion, the presiding officer may increase or decrease the time that would otherwise be allowed for each speaker. d. Manner of Addressing the Council. Comment and testimony are to be directed to the Council. Unless otherwise directed by the presiding officer, all comments must be made into the microphone. e. Yielding the Lectern. Each speaker shall promptly cease his or her comments and yield the lectern immediately upon the expiration of the time allotted by the presiding officer. f. Yielding of Time. No speaker may yield part or all of his or her time to another speaker, and no speaker will be credited with time requested but not used by another. 1 Packet Pg. 245 Attachment: Exhibit A (8003 : Council Procedures RESO) City Council Rules of Procedure (May 21, 2019) 5 g. Citizen Presentation Materials and Evidence. The use of City projection equipment to display presentation materials to Council will be allowed in limited circumstances that permit City staff to manage the use of the equipment, prepare materials for display and avoid delay or disruption to the meeting. The following limits will apply to all presentations by members of the public: (1) Persons wishing to display presentation materials using the City’s display equipment under the Citizen Participation portion of a meeting or during discussion of any Council item must provide any such materials to the City Clerk in a form or format readily usable on the City’s display technology no later than two (2) hours prior to the beginning of the meeting at which the materials are to be presented. (2) As an exception to subsection (1), parties-in-interest in agenda items considered under Section 1.c, 1.d, 1.e or 1.f, above, shall provide all presentation materials to be displayed or proffered for Council consideration to the City Clerk (whether in hard copy or for display) in the manner specified by the City Clerk no later than noon on the day of the meeting at which the subject item is scheduled for consideration or 4:00 p.m. the business day prior to the meeting if the meeting begins earlier than 6:00 p.m. Any such materials must be in a form or format readily usable on the City’s display technology. NOTE: Parties in appeals to Council may present new evidence only in the limited circumstances set forth in Chapter 2 of the City Code. Section 4. Public Conduct During Regular and Special Council Meetings and Work Sessions. a. General Comment, or Expressions of Support or Opposition. Members of the audience are not entitled to speak except as provided in these Rules of Procedure, or as expressly requested by the presiding officer or City staff, and shall not engage in expressions of support or opposition, such as clapping, whistling, cheering, foot stomping, booing, hissing, speaking out, yelling, or other acts, that disturb, disrupt, or impede the meeting or any recognized speaker. b. Signs and Props. (1) Signs and props no larger than 11" x 17" are permitted in the City Council Chambers or in the Council Information Center or other Council meeting room (collectively referred to as the “Meeting Room”), except no such signs or props shall be displayed during the conduct of a quasi-judicial hearing during which general public comment is not taken other than by authorized speakers in connection with their hearing testimony. (2) Such signs or props must be held directly in front of one's body so as not to impede the view of others. 1 Packet Pg. 246 Attachment: Exhibit A (8003 : Council Procedures RESO) City Council Rules of Procedure (May 21, 2019) 6 (3) Signs or props may not be waved, held by more than one person at a time, or used in a manner that, in the judgment of the presiding officer, disrupts the orderly conduct of business. (4) Signs or props may not be left unattended anywhere in the Meeting Room or left unattended on display in the City Hall lobby area. (5) Signs or props attached to sticks, poles, or other objects are prohibited. c. Distribution of Literature. Distribution of fliers or other literature is permitted in the public lobby areas of City Hall only when City Hall is open for a public event. Distribution of fliers and other literature is permitted on the sidewalks and grounds around City Hall. Persons wishing to engage in such activities may do so only in a manner that does not interfere with the movement of persons or obstruct the passage of pedestrians or vehicles. d. Video and Audio Recording. Video and audio recording by the press or other members of the public is permitted in the Meeting Room only if the person making the recording is using a small unobtrusive recording device and is seated or standing at a speaker lectern when authorized to speak, or in line awaiting an opportunity to speak, or is either standing in the back of the Meeting Room behind all seated persons or standing in any other area pursuant to the direction of the presiding officer in his or her reasonable discretion or designated for that purpose in advance by the City. e. Areas Permitted for Seating and Standing. Except for persons waiting in line to speak in accordance with the presiding officer’s instructions, no persons shall sit in the Meeting Room except in chairs or seats provided by the City or in wheelchairs or other assistive devices, and no persons shall stand in the aisles or other locations in the Meeting Room except in the back of the Meeting Room, and only in accordance with other applicable limits for fire and building safety. Section 5. Procedural Decisions Subject to Modification by Council. Decisions by the presiding officer regarding procedures and procedural issues, including but not limited to time limits for public comment, may be overridden by a majority vote of the Council. Section 6. Council Questions and Debate. Council questions and debate regarding an agenda item during a regular or special Council meeting will occur immediately following citizen input and prior to entertaining any main motion related to the item. Except when raising a point of order at a regular or special Council meeting, Councilmembers seeking to ask questions or participate in debate or discussion will do so only when recognized by the presiding officer. The presiding officer may limit or curtail questions or debate as he or she deems necessary for the orderly conduct of business. 1 Packet Pg. 247 Attachment: Exhibit A (8003 : Council Procedures RESO) City Council Rules of Procedure (May 21, 2019) 7 Section 7. Basic Rules of Order for Regular and Special Council Meetings. The following commonly used rules of order will govern the conduct of City Council business at regular and special Council meetings. Except as specifically noted, all motions require a second. These rules of order are in concept based upon Robert’s Rules of Order Newly Revised and reflect the existing practices of the Council and the requirements of the City Charter and City Code. For example, while a two-thirds vote is necessary for the passage of some of the motions listed below under Robert’s Rules of Order, all motions of the Council, except a motion to go into executive session or a motion to adopt an emergency ordinance, may be adopted upon approval of a majority vote of the members present at a Council meeting, pursuant to Art. II, Sec. 11 of the City Charter. If there is a question of procedure not addressed by these rules, reference may be made to Robert’s Rules of Order for clarification or direction, however, adherence to Robert’s Rules of Order is not mandatory, and, in the event of any conflict between these rules of order and Robert’s Rules of Order, these rules of order shall prevail. In the event of any conflict between these rules of order or Robert’s Rules of Order and a City Charter or City Code provisions, the City Charter or City Code provision shall prevail. Any councilmember and the presiding officer may make or second any motion, except as specifically limited by these rules. MAIN MOTIONS • Main motions are used to bring business before the Council for consideration and action. • A main motion can be introduced only if no other business is pending. • All main motions require a second and may be adopted by majority vote of those Councilmembers present and voting, except that: (1) a motion to go into executive session requires a two-thirds vote of those present and voting and (2) a motion to adopt an emergency ordinance requires the affirmative vote of at least five (5) Councilmembers for approval. • A main motion may be made or seconded by any Councilmember, including the presiding officer. • A main motion is debatable and may be amended. SUBSIDIARY MOTIONS These are motions that may be applied to another motion for the purpose of modifying it, delaying action on it, or disposing of it. 1. Motion to Amend. The point of a motion to amend is to modify the wording - and, within certain limits, the meaning - of a pending motion before the pending motion itself is acted upon. • A motion to amend, once seconded, is debatable and may itself be amended once. • A "secondary amendment," which is a change to a pending "primary amendment," cannot be amended. 1 Packet Pg. 248 Attachment: Exhibit A (8003 : Council Procedures RESO) City Council Rules of Procedure (May 21, 2019) 8 • Once a motion to amend has been seconded and debated, it is decided before the main motion is decided. • Certain motions to amend are improper. o For example, an amendment must be “germane” to be an order. To be germane, an amendment must in some way involve the same question that is raised by the motion to which it is applied. o Also, some motions to amend are improper, for example, a motion that would merely make the adoption of the amended question equivalent to a rejection of the original motion, or one that would make the question as amended identical with, or contrary to, one previously decided by the Council during the same session. • “Friendly” amendments acceptable to the maker and the seconder of the main motion do not require a second and are permissible at any time before a vote is taken on motions to amend the main motion. 2. Withdrawal of a Motion. After a motion has been seconded and stated by the presiding officer it belongs to the Council as a whole and the maker may withdraw his or her motion unless one or more members of the Council objects, in which case the majority of the Council must consent to withdrawal of the motion. 3. Motion to Postpone to a Certain Time (or Definitely). This is the motion by which action on an agenda item or a pending motion can be put off to a definite day, meeting or hour, or until after a certain event has occurred. • A motion to postpone definitely can be debated only to the extent necessary to enable the Council to determine whether the main motion should be postponed and, if so, to what date or time. • Similarly, it is amendable only as to the date or time to which the main motion should be postponed. 4. Motion to Lay on the Table. A motion to table is intended to enable the Council to lay the pending question aside temporarily, but only when something else of immediate urgency has arisen. • Adoption of a motion to lay on the table immediately halts the consideration of the affected motion, since a motion to table is neither debatable nor amendable. 5. Motion to Postpone Indefinitely. A motion to postpone indefinitely is, in effect, a motion that the Council decline to take a position on an agenda item or main motion. • Adoption of a motion to postpone indefinitely kills the agenda item or main motion and avoids a direct vote on the item or motion. It is useful in disposing of an item or motion that cannot either be adopted or expressly rejected without undesirable consequences. • A motion to postpone indefinitely is debatable but not amendable. 1 Packet Pg. 249 Attachment: Exhibit A (8003 : Council Procedures RESO) City Council Rules of Procedure (May 21, 2019) 9 6. “Calling the Question”. "Calling the question" may sometimes motivate unanimous consent to end debate. If it does not, however, then debate does not automatically end. • If any member objects to ending the debate, the presiding officer should ask if there is a second to the motion and, if so, he must immediately take a vote on whether to end debate. • A motion to call the question is not debatable or amendable. INCIDENTAL MOTIONS. These are motions that usually apply to the method of conducting business rather to the business itself. 1. Point of Order. If a Councilmember thinks that the rules of order are being violated, he or she can make a point of order, thereby calling upon the presiding officer for a ruling and an enforcement of the regular rules. • A “point of order” takes precedence over any pending question out of which it may arise and does not require a second. • A “point of order” is not amendable. • Technically, a “point of order” is not debatable; however: o With the presiding officer's consent, the member raising the point of order may be permitted to explain his or her point. o In response to a point of order, the presiding officer can either immediately rule, subject to appeal to the Council, or the presiding officer can refer the point of order to the judgment of the Council, in which case the point becomes debatable. o In making his or her ruling, the presiding officer may consult with the City Attorney or request the advice of experienced members of the Council. o No member has the right to express an opinion unless requested to do so by the presiding officer. • When the presiding officer has made a ruling, any two Councilmembers can appeal the ruling (one making the appeal and the other seconding it). o When an appeal is taken, the matter is decided by majority vote of the Council. o A tie vote sustains the decision of the presiding officer. • If a point of order is to be raised, it must be raised promptly at the time the perceived violation of the rules occurs. 2. Point of Information. Robert’s Rules of Order provides for a “point of information” or a “request for information” that is appropriate in the formal setting of a large legislative body. Because Council consideration of an item is generally an opportunity to request information and ask questions, the formal “point of information” procedure provided in Robert’s Rules is not needed or appropriate for City Council meetings. 1 Packet Pg. 250 Attachment: Exhibit A (8003 : Council Procedures RESO) City Council Rules of Procedure (May 21, 2019) 10 3. Motion to Divide a Question. If a motion relating to a single subject contains several parts, each of which is capable of standing as a complete proposition by itself, the parts of the motion can be separated for consideration and voted on as if they were distinct questions by the adoption of a motion for division of the question. • A motion to divide a question, if seconded, takes precedence over the main motion and is not debatable. • The motion to divide must clearly state the manner in which the question is to be divided, and while the motion to divide is pending, another member can propose a different division by moving an amendment to the motion to divide, in which case the amended form of the motion, if seconded, would be decided first. • Often, little formality is involved in dividing a question, and it is arranged by unanimous consent. 4. Motion to Suspend the Rules. When the Council wishes to do something that it cannot do without violating one or more of its regular rules, it can adopt a motion to suspend the rules that interfere with the proposed action. • A motion to suspend the rules can be made at any time that no question is pending and can be applied to any rule except those that are fundamental principles of the City Charter, City Code or other applicable laws. • This motion is neither debatable nor amendable. The presiding officer may suspend the rules by stating his or her desire to do so, unless a Councilmember states an objection. In the event of an objection, a motion, second and approval by a majority vote, as described above, is required. RESTORATIVE MOTIONS These are motions that bring a question again before the Council for its consideration. 1. Motion to Take from the Table. The object of this motion is to take from the table and make pending again before the Council a motion or series of adhering motions that previously had been laid on the table. • A motion to take an item from the table is neither debatable nor amendable. • When a question is taken from the table, it is before the Council with everything adhering to it, exactly as it was when laid on the table. 2. Motion to Reconsider. This motion enables a majority of the Council to bring back for further consideration a motion that has already been voted on. • A motion to reconsider is in order only if made on the same date that the vote to be 1 Packet Pg. 251 Attachment: Exhibit A (8003 : Council Procedures RESO) City Council Rules of Procedure (May 21, 2019) 11 reconsidered was taken, and can be made only by a member who voted with the prevailing side of the vote to be reconsidered. • The purpose of reconsidering a vote is to permit the correction of hasty, ill-advised, or erroneous action, or to take into account added information or a changed situation that has developed since the taking of a vote. • When a member who cannot make a motion for reconsideration believes that there are valid reasons for one, he or she can try, if there is time or opportunity, to persuade someone who voted with the prevailing side to make such a motion. • A motion to reconsider is debatable whenever the motion proposed to be reconsidered was debatable. And, when debatable, opens to debate the merits of the question to be reconsidered. • A motion to reconsider is not amendable. • The effect of the adoption of a motion to reconsider is that the question on which the vote was reconsidered is immediately placed before the Council in the exact position it occupied the moment before it was voted on originally. 3. Motion to Rescind or Amend Something Previously Adopted. By means of the motions to rescind or to amend something previously adopted, the Council can change an action previously taken or ordered. • A motion to rescind or amend something previously adopted is debatable and amendable. • In contrast to a motion to reconsider, there is no time limit on making a motion to rescind or a motion to amend something previously adopted (provided that no action has been taken by anyone in the interim that cannot be undone), and these motions can be moved by any member of the Council, regardless of how he or she voted on the original question. • The effect of passage of this motion is not to place the matter back before the assembly as it was just prior to a vote being taken. o Instead, it either entirely nullifies the previous action or modifies it, depending upon which motion is used. o For that reason, adoption of a motion to rescind or amend something previously adopted should be carefully considered if third parties may have relied to their detriment on the previous action. • In order to modify an adopted resolution or ordinance, Council must adopt a new resolution or ordinance making the desired modification, in compliance with all formalities applicable to adoption of a resolution or ordinance (as applicable). PRIVILEGED MOTIONS These motions are of such urgency or importance that they are entitled to immediate consideration, even when another motion is pending. This is because these motions do not relate to the pending business but have to do with special matters of immediate and overriding importance that should be allowed to interrupt the consideration of anything else, without debate. 1. Motion to Adjourn. Generally, the presiding officer adjourns the meeting at his or 1 Packet Pg. 252 Attachment: Exhibit A (8003 : Council Procedures RESO) City Council Rules of Procedure (May 21, 2019) 12 her discretion at the completion of the agenda. However, any Councilmember may move to adjourn the meeting at any time. • A motion to adjourn requires a second. • A motion to adjourn is always a privileged motion except when the motion is conditioned in some way, as in the case of a motion to adjourn at, or to, a future time. o Such a conditional motion is not privileged and is treated just as any other main motion. o A conditional motion to adjourn at or to a future time is always out of order while business is pending. • An unconditional, privileged motion to adjourn takes precedence over most other motions. • The privileged motion to adjourn is neither debatable nor amendable, while a conditioned motion to adjourn is debatable and may be amended. 2. Motion to Recess. A motion to recess is essentially a motion to take a break during the course of a Council meeting. • A motion to recess must be seconded. o A motion to recess that is made when no question is pending is a main motion and should be treated as any other main motion. o A motion to recess is said to be privileged if it is made when another question is pending, in which case it takes precedence over all subsidiary and incidental motions and most other privileged motions. It is not debatable and is amendable only as to the length of the recess. • After a recess, the meeting resumes when the presiding officer has called the meeting back to order. 1 Packet Pg. 253 Attachment: Exhibit A (8003 : Council Procedures RESO) Agenda Item 15 Item # 15 Page 1 AGENDA ITEM SUMMARY May 21, 2019 City Council STAFF Jim McDonald, Cultural Services Director Kelly DiMartino, Assistant City Manager Jody Hurst, Legal SUBJECT Resolution 2019-066 Adopting of FoCo Creates Arts and Culture Master Plan. EXECUTIVE SUMMARY The purpose of this item is to request adoption of the FoCo Creates Arts and Culture Master Plan. FoCo Creates Arts and Culture Master Plan is a 10-year plan illustrating the community’s vision for the future of the arts, culture and creative sector and providing policy and implementation recommendations. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION The FoCo Creates Arts and Culture Master Plan development began in the fall 2017 with the engagement of consultant Louise Stevens of ArtsMarket, Inc. to facilitate the process with City staff. The FoCo Creates website was established and community input invited via an online survey. A Leadership Committee consisting of a broad spectrum of community leaders was formed to help guide the process. Additionally, two community- based groups formed to support specific plan development: the FoCo Creates Cultural Equity and Inclusion Group and the Fort Collins Music Task Force. The draft vision and concepts were presented to the Council at a work session on October 23, 2018. In November 2018, Jim McDonald was hired as the Director of Cultural Services. The management of the planning process and writing of the final plan transferred to him. In February and March, the draft of the vision statement and goals of the plan were shared with the community on the FoCo Creates website and in stakeholder and public meetings and presentations. The draft Vision Statement and Goals were shared with the Council on February 28 as part of the Council packet. The final draft of the Plan was presented to the Council at a work session on April 23, 2019. At the work session, the following direction was given: Update the definition of Creative Industries; include City Give as a partner in Goal 4; and edit Action Item 1.3d to be more inclusive and not specific. The Vision Statement for the FoCo Creates Arts and Culture Plan encompasses 10-year outcomes as articulated by community members and plan participants. 1. Arts and the creative culture in Fort Collins are inclusive and equitable for all residents and visitors. All members of the community, their cultures and art are recognized for contributing to the strength and unique character of the city. 2. Fort Collins is recognized as a destination arts, culture, and creative community with robust and diverse cultural offerings. The arts, and the values and vitality they provide, are recognized and 15 Packet Pg. 254 Agenda Item 15 Item # 15 Page 2 supported attributes in building a healthy community. The creative sector is integral to drawing innovative and creative companies and people to live, work and play in Fort Collins. 3. The Fort Collins creative sector is regarded as a comprehensive network, including independent artists, nonprofit and for-profit organizations and businesses, government, educational institutions, philanthropic organizations, associations and other creative industries. Through collaborations and partnerships, the creative sector and industries are promoted and more visible, supporting an expanding creative economy. 4. Fort Collins residents experience and engage in art experiences throughout the city, including neighborhoods, schools, parks and gardens, gathering places and the City’s cultural venues. Residents value arts, culture, and creativity as essential to the health and well-being of the community and have access to life-long learning through the arts. The Plan has five goals. Each goal has been informed by research, community input and alignment with the City’s Strategic Plan. The goals address relevant current conditions and challenges and identifies the City’s role and responsibilities. 1. Inclusion and Equity - Through the arts, foster an inclusive and equitable cultural and creative community that represents all residents. 2. Creative Destination - Support and advocate for the creative industries in Fort Collins, emphasizing the importance of the creative economy and building the City’s reputation as a destination for innovative companies and people. 3. Community Engagement - Enhance the City’s cultural facilities and city-wide programs to address community growth and demand, supporting the community’s vibrancy and health. 4. Sustained and Thriving Sector - Explore and support the creation of new sustainable public and private funding sources to cultivate a vibrant and healthy cultural and creative sector. Evaluate current funding mechanisms for effectiveness and alignment to future goals and vision. 5. Dynamic Identity - Build Fort Collins creative, arts, and culture brand identity and visibility; communicate it effectively to the community, the region and beyond. CITY FINANCIAL IMPACTS The proposed FoCo Creates Arts and Culture Master Plan does not directly affect City financial sources in that the Plan provides general policy direction. There are recommendations for future expenditures subject to the Budgeting for Outcomes process. BOARD / COMMISSION RECOMMENDATION Three boards and commissions are providing recommendations to Council on adoption of the Plan. Copies of letters and memos of support and minutes from each Board and Commission may be found in Attachment 1. • Cultural Resources Board-at the March 28, 2019 Cultural Resources Board meeting, the Board passed a motion recommending City Council adopt the FoCo Creates Arts and Cultural Master Plan. • Economic Advisory Commission-at the April 17, 2019 Economic Advisory Commission meeting, the Commission passed a motion recommending City Council adopt the FoCo Creates Arts and Cultural Master Plan. • Art and Public Places Board-at the April 17, 2019 Art in Public Places Board meeting, the Board passed a motion recommending City Council adopt the FoCo Creates Arts and Cultural Master Plan. PUBLIC OUTREACH The community input received through multiple stakeholder and public meetings and online surveys and comments, directly informed and enhanced the FoCo Creates Arts and Culture Master Plan. In the fall 2017, Plan development began and a Leadership Committee consisting of a broad spectrum of community leaders 15 Packet Pg. 255 Agenda Item 15 Item # 15 Page 3 was formed to help guide the process. Additionally, two community-based groups formed to support specific plan development: the FoCo Creates Cultural Equity and Inclusion Group and the Fort Collins Music Task Force. The FoCo Creates website was also established and community input invited via an online survey. Over 3,800 people visited the survey pages, 707 people completed the survey and over 1,250 individual comments were submitted. Multiple stakeholder and public meetings were held from Fall of 2017 through 2018 to inform the research phase and elicit feedback on the draft concepts. In February and March 2019, the draft of the vision statement and goals of the plan was shared with the community on the FoCo Creates website and in nine separate stakeholder and public meetings and presentations. In addition to the two public meetings, the following boards, committees and groups were engaged: FoCo Creates Leadership Committee, Cultural Resource Board, Art in Public Places Board, Economic Advisory Commission, Fort Collins Chamber of Commerce Local Legislative Affairs Committee, FoCo Creates Cultural Equity and Inclusion Group, and local arts and culture organizations. The FoCo Creates website also invited comments, announced the public meeting opportunities and gave the direct contact information of the Director of Cultural Services. ATTACHMENTS 1. Board and Commission Recommendations (PDF) 2. Downtown Fort Collins Creative District Letter of Support (PDF) 3. Work Session Summary, April 23, 2019 (PDF) 4. PowerPoint Presentation (PDF) 15 Packet Pg. 256 ATTACHMENT 1 15.1 Packet Pg. 257 Attachment: Board and Commission Recommendations (7976 : FoCo Creates Arts and Culture Master Plan) 15.1 Packet Pg. 258 Attachment: Board and Commission Recommendations (7976 : FoCo Creates Arts and Culture Master Plan) 15.1 Packet Pg. 259 Attachment: Board and Commission Recommendations (7976 : FoCo Creates Arts and Culture Master Plan) 15.1 Packet Pg. 260 Attachment: Board and Commission Recommendations (7976 : FoCo Creates Arts and Culture Master Plan) 15.1 Packet Pg. 261 Attachment: Board and Commission Recommendations (7976 : FoCo Creates Arts and Culture Master Plan) 15.1 Packet Pg. 262 Attachment: Board and Commission Recommendations (7976 : FoCo Creates Arts and Culture Master Plan) 15.1 Packet Pg. 263 Attachment: Board and Commission Recommendations (7976 : FoCo Creates Arts and Culture Master Plan) City of Fort Collins - City Council Re: FoCoCreates Arts and Culture Master Plan May 1, 2019 On behalf of the Downtown Fort Collins Creative District, we submit this letter of support for the proposed FoCo Creates Arts and Culture Master Plan 2019. We also wish to express our appreciation for ongoing involvement in this planning process for the Creative District and our community’s arts, music and culture leaders and professionals. The Downtown Fort Collins Creative District steering committee supports FoCo Creates Arts and Culture Master Plan, and is especially supportive of the visions outlined in the plan: Inclusivity and equity; fostering a robust destination arts, culture, and creative community; working within the concepts of partnerships and collaborations; and envisioning the arts and culture as essential for the health and well-being of our community. As outlined in the plan, we would particularly like to emphasize that the Downtown Fort Collins Creative District steering committee is excited to be a part of exploring opportunities to renovate the Carnegie Center for Creativity, developing the Center into an accessible hub for community cultural organizations, activity and events. We also support the goals of working towards a Fort Collins arts and cultural brand, as well as, systems that support creative industry in our community. We are eager to work with the City to research regional and national grant opportunities that support specific goals of the plan, i.e., lifelong learning, branding, creative placemaking and expansion of programs in the underserved communities. Finally, we fully support the goal to research, the feasibility, planning and establishment of a regional sales tax, or other sustainable funding mechanism or organizational structure to further the arts, culture, and creative industries in Fort Collins. We thank the City for its ongoing support of Downtown Fort Collins Creative District and look forward to having the City, through FoCo Creates Master Plan, remain our fiscal agent and support partner as we continue to serve as an essential link between the City and the arts, culture, and creative industries of our downtown community. Thank you, The Downtown Fort Collins Creative District Certified Colorado Creative District (2016) ATTACHMENT 2 15.2 Packet Pg. 264 Attachment: Downtown Fort Collins Creative District Letter of Support (7976 : FoCo Creates Arts and Culture Master Plan) ATTACHMENT 3 15.3 Packet Pg. 265 Attachment: Work Session Summary, April 23, 2019 (7976 : FoCo Creates Arts and Culture Master Plan) 1 Arts and Culture Master Plan ATTACHMENT 4 15.4 Packet Pg. 266 Attachment: PowerPoint Presentation (7976 : FoCo Creates Arts and Culture Master Plan) Draft Plan Engagement Draft Plan Engagement (2018) • Website created. Over 3,800 people visited, 707 completed a survey, over 1,250 comments • Leadership Committee formed • Community-based groups formed: FoCo Creates Cultural Equity and Inclusion Group and the Fort Collins Music Task Force • Multiple stakeholder and public meetings held • Draft vision and concepts were presented to Council at a Work Session on October 23, 2018 2 15.4 Packet Pg. 267 Attachment: PowerPoint Presentation (7976 : FoCo Creates Arts and Culture Master Plan) Draft Plan Engagement Draft Plan Engagement (2019) • Website updated. Draft Vision Statement and Goals posted • 9 meetings and presentations held, including: - Art in Public Places Board - Cultural Equity and Inclusion Group - Cultural Resource Board - Cultural Organizations - Economic Advisory Commission - Leadership Committee - Fort Collins Chamber of Commerce, Local Legislative Affairs Committee - 2 Public Meetings • Draft Vision Statement and Goals shared with the Council on February 28th as part of the Council packet. • Draft Plan shared with Council at April 23rd Council Work Session 3 15.4 Packet Pg. 268 Attachment: PowerPoint Presentation (7976 : FoCo Creates Arts and Culture Master Plan) Vision Statement Arts and the creative culture in Fort Collins are inclusive and equitable for all residents and visitors. All members of the community, their cultures and art are recognized for contributing to the strength and unique character of the City. 4 1 15.4 Packet Pg. 269 Attachment: PowerPoint Presentation (7976 : FoCo Creates Arts and Culture Master Plan) Vision Statement Fort Collins is recognized as a destination arts, culture, and creative community with robust and diverse cultural offerings. The arts, and the values and vitality they provide, are recognized and supported attributes in building a healthy community. The creative sector is integral to drawing innovative and creative companies and people to live, work and play in Fort Collins. 5 2 15.4 Packet Pg. 270 Attachment: PowerPoint Presentation (7976 : FoCo Creates Arts and Culture Master Plan) Vision Statement The Fort Collins creative sector is regarded as a comprehensive network, including independent artists, nonprofit and for-profit organizations and businesses, government, educational institutions, philanthropic organizations, associations and other creative industries. Through collaborations and partnerships, the creative sector and industries are promoted and more visible, supporting an expanding creative economy. 6 3 15.4 Packet Pg. 271 Attachment: PowerPoint Presentation (7976 : FoCo Creates Arts and Culture Master Plan) Vision Statement Fort Collins residents experience and engage in art experiences throughout the city, including neighborhoods, schools, parks and gardens, gathering places, and the City’s cultural venues. Residents value arts, culture, and creativity as essential to the health and well-being of the community and have access to life-long learning through the arts 7 4 15.4 Packet Pg. 272 Attachment: PowerPoint Presentation (7976 : FoCo Creates Arts and Culture Master Plan) Goals 8 Goal 1 - Through the arts, foster an inclusive and equitable cultural and creative community that represents all residents. Goal 2 - Support and advocate for the creative industries in Fort Collins, emphasizing the importance of the creative economy and building the City’s reputation as a destination for innovative companies and people. Goal 3 - Enhance the City’s cultural facilities and city-wide programs to address community growth and demand, supporting the community’s vibrancy and health. 15.4 Packet Pg. 273 Attachment: PowerPoint Presentation (7976 : FoCo Creates Arts and Culture Master Plan) Goals 9 Goal 4 - Explore and support the creation of new sustainable public and private funding sources to cultivate a vibrant and healthy cultural and creative sector. Evaluate current funding mechanisms for effectiveness and alignment to future goals and vision. Goal 5 - Build Fort Collins creative, arts, and culture brand identity and visibility; communicate it effectively to the community, the region and beyond. 15.4 Packet Pg. 274 Attachment: PowerPoint Presentation (7976 : FoCo Creates Arts and Culture Master Plan) 10 Arts and Culture Master Plan 15.4 Packet Pg. 275 Attachment: PowerPoint Presentation (7976 : FoCo Creates Arts and Culture Master Plan) -1- RESOLUTION 2019-066 OF THE COUNCIL OF THE CITY OF FORT COLLINS ADOPTING THE 2019 FOCO CREATES ARTS AND CULTURE MASTER PLAN WHEREAS, the City of Fort Collins 2019 FoCo Creates Arts and Culture Master Plan (the “Plan”) was developed after extensive public outreach, a community input survey, discussion with the public, and consideration of community needs and priorities; and WHEREAS, the vision statement for the Plan encompasses 10-year outcomes as articulated by community members and plan participants; and WHEREAS, the Plan articulates five community-centered goals, each informed by research, community input and alignment with the City’s Strategic Plan; and WHEREAS, at its work session on April 23, 2019, City Council reviewed the Plan and provided input, which staff incorporated; and WHEREAS, the Plan has been reviewed by various boards and commissions, community groups, and local arts and culture organizations and it has received broad support; and WHEREAS, the City Council has determined that it is in the best interests of the citizens of the City of Fort Collins and to formally adopt the Plan. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS: Section 1. That the City Council hereby makes any and all determinations and findings contained in the recitals set forth above. Section 2. That the City Council hereby approves and adopts the Fort Collins 2019 FoCo Creates Arts and Culture Master Plan attached hereto as Exhibit “A” and incorporated herein by this reference. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 21st day of May, A.D. 2019. _________________________________ Mayor ATTEST: _____________________________ Chief Deputy City Clerk Packet Pg. 276 A Ten Year Vision EXHIBIT A 1 Packet Pg. 277 Attachment: Exhibit A (8000 : FoCo Creates Arts and Culture Master Plan RESO) CONTENTS Introduction History & Today Plan Development Process Vision Statement GOAL 1 - Inclusion and Equity GOAL 2 - Creative Destination GOAL 3 - Community Engagement GOAL 4 - Sustained and Thriving Sector GOAL 5 - Dynamic Identity Implementation Acknowledgments 3 4 6 8 10 12 14 16 18 22 27 1 Packet Pg. 278 Attachment: Exhibit A (8000 : FoCo Creates Arts and Culture Master Plan RESO) City of Fort Collins 3 Fort Collins is consistently and broadly recognized as a destination community to live, work, play and visit. Integral to the City’s reputation and established quality of life are the values and vitality that the arts, culture and creative sector bring to the community. FoCo Creates is the City of Fort Collins’ updated Arts and Culture Master Plan for 2019 – 2029. It builds upon the goals of the first 10-year Cultural Plan developed in 2008, while integrating the vision and aspirations of the growing community. Several themes were articulated by community members through the planning process. People want the arts and creative sector to be inclusive and equitable for all residents and visitors; residents desire cultural experiences and activities throughout their entire community; recognition that the greater creative sector, including for-profit and nonprofit organizations are an essential industry and economy; and, Fort Collins is a destination arts, culture and creative community and should be recognized, marketed and promoted as such. Fort Collins residents cherish and actively engage in the arts and cultural offerings in the community. As the community continues to grow and become more diverse, they want the creative opportunities to continue to grow and thrive, including and reflecting the community’s diversity. The FoCo Creates Arts and Culture Plan challenges the City and community to keep pace with this growth through continued investment in cultural programming, facilities and resources. The vision of Fort Collins being a vibrant creative hub and cultural destination is explicitly joined with a sense of community and shared values. Art, culture and creativity bring people together and reflect a community’s spirit and commitment to mutual and diverse cultures and history. INTRODUCTION 1 Packet Pg. 279 Attachment: Exhibit A (8000 : FoCo Creates Arts and Culture Master Plan RESO) 4 FOCO Creates — Arts & Culture Master Plan he mountains and plains of the greater Fort Collins region have been home to American Indian cultural groups for thousands of years. An established and enduring source of creativity in the region, the tribes’ rich arts, language, and traditions were and are deeply embedded in their culture and way of life. Following the establishment of the first fort in the area, and less than a decade after the City of Fort Collins was incorporated in 1873, the first cultural facility, the Opera House Block, was completed in 1881. The building hosted traveling performances and was an important community gathering place. Over the proceeding century plus, the growth of the sector has thrived with the establishment of a wide range of cultural organizations. Early and milestone developments include: the Colorado Agricultural College (Colorado State University today) starting its first Conservatory of Music in 1905; the establishment of the Fort Collins Symphony in 1949; the Fort Collins Children’s Theatre presenting its first production in 1958 and OpenStage Theatre opening in 1973. Today, arts and culture in Fort Collins represent a wide breadth of institutions, activities and establishments, important to the significant growth of the greater creative community and industries. Reflecting this, Fort Collins was recognized in 2011 by the State of Colorado Office of Economic Development and International Trade and Colorado Creative Industries with the Governor’s Arts Award, an award given to a “Colorado town or city for their collective efforts to enhance the vitality of their community through the arts.” Also of note, Downtown Fort Collins was certified as a Creative District in the Colorado Creative Industries Creative District Program in 2016. Over the years, city residents have shown significant support to build and sustain publicly funded arts and culture infrastructure through multiple tax initiatives. In 1971, the Designing Tomorrow Today initiative seeded the money to fund construction of The Lincoln Center, the new main library, and an expansion of the Fort Collins Museum into the Carnegie Library building. In 1997, voters approved the Building Community Choices capital tax to create a new Community Horticulture Center, now known as The Gardens on Spring Creek. The Building on Basics (BOB) capital tax was approved by voters in 2005 and supported the newly formed Fort Collins Museum of Discovery and renovations to The Lincoln Center. In 2015, voters supported renewal of the BOB tax to fund The Gardens on Spring Creek Visitor’s T HISTORY & TODAY City of Fort Collins 5 Child enjoying an installation at Fort Collins Museum of Discovery ¹Begley Bloom, Laura. 2018 “Where To Go Next: 14 Best Places To Travel In The US In 2019.” Forbes, December 6, 2018. https://www.forbes.com/sites/laurabegleybloom/2018/12/06/where-to-go-next-best-places-us-travel-2019/#150821769287. Center expansion and renovation of the historic 1904 Carnegie Building to enhance its use as a cultural community center. The Gardens on Spring Creek, The Lincoln Center and the Fort Collins Museum of Discovery have become successful and valued cultural institutions and resources, with great community support and attendance. In the recent 2018 Annual Community Survey, over 85 percent of residents rated the quality of programs and facilities for the three as good or very good. The three facilities also experience significant attendance, with over 350,000 collective annual visitors. The community and the City Council also supported the creation of the popular Arts in Public Places Program in 1995 and the opening of the Carnegie Center for Creativity in the historic Carnegie Library in 2013. The City continues to consistently invest in the nonprofit arts and cultural community via the Fort Fund grants program, begun in 1989, and funded by a share of lodging tax revenues. The City and residents of Fort Collins have a long and dedicated history of cultivating arts and culture in the community. All of the offerings the greater creative sector provides are valued for the authentic experience and diversity they bring and are also proven to be an economic multiplier, drawing significant economic value. This 2019 - 2029 Arts and Culture Master Plan builds upon this strong foundation and continues to advance Fort Collins as a signature creative community. “[Fort Collins is] also a hip place that continues to grow as a hub for artists and creatives, who value the significance of community as much as the solace of the natural environment.” ~ Olivia Balsinger1 { 1 Packet Pg. 281 Attachment: Exhibit A (8000 : FoCo Creates Arts and Culture Master Plan RESO) 6 FOCO Creates — Arts & Culture Master Plan Responses to FoCo Creates Survey by City Council District (N = 707) District 1 District 2 District 3 District 4 District 5 District 6 Outside City Limits None of the above PLAN DEVELOPMENT PROCESS The FoCo Creates Arts and Culture Master Plan development began in the Fall of 2017 with the engagement of a consultant to facilitate the process with City staff. The FoCo Creates website was established and community input invited via an online survey. Over 3,800 people visited the website, 707 people completed the survey and over 1,250 individual comments were submitted. The graph to the right depicts the community’s response by City Council District. Multiple stakeholder meetings were held throughout 2018 to elicit current strengths and weaknesses and opportunities for the future. Additionally, two community-based groups formed to support specific plan development: the Cultural Equity and Inclusion Group and the Fort Collins Music Task Force. A Leadership Committee, made up of community and city arts and culture leaders, guided the development of the Plan to completion. The final draft of the plan was shared with the community in early 2019 on the FoCo Creates website and in stakeholder and public meetings, culminating with approval by City Council on May 21, 2019. 4% 14% 16% 9% 14% 11% 13% 19% 1 2 4 3 5 6 1 Packet Pg. 282 Attachment: Exhibit A (8000 : FoCo Creates Arts and Culture Master Plan RESO) City of Fort Collins 7 “FoCo is a community of creators. The artisans in brewing, baking, chocolate, wood, metal and stone work, and home décor as well as the creators in visual and performing arts have together formed a magical place of excellence in every discipline. FoCo is a work of art!” ~ FoCo Creates Online Community Survey Respondent { Sketch Note from Community Public Forum (Fall 2018) by Ellen O’Neill 1 Packet Pg. 283 Attachment: Exhibit A (8000 : FoCo Creates Arts and Culture Master Plan RESO) 8 FOCO Creates — Arts & Culture Master Plan V1 V2 V3 V4 The Vision Statement for the FoCo Creates Arts and Culture Master Plan encompasses 10-year outcomes as articulated by community members and plan participants, including the community- wide leadership committee, subject-specific task forces, participant input from community meetings, and survey results and online comments. Arts and the creative culture in Fort Collins are inclusive and equitable for all residents and visitors. All members of the community, their cultures and art are recognized for contributing to the strength and unique character of the city. Fort Collins is recognized as a destination arts, culture, and creative community with robust and diverse cultural offerings. The arts, and the values and vitality they provide, are recognized and supported attributes in building a healthy community. The creative sector is integral to drawing innovative and creative companies and people to live, work and play in Fort Collins. The Fort Collins creative sector is regarded as a comprehensive network, including independent artists, nonprofit and for-profit organizations and businesses, government, educational institutions, philanthropic organizations, associations and other creative industries. Through collaborations and partnerships, the creative sector and industries are promoted and more visible, supporting an expanding creative economy. Fort Collins residents experience and engage in art experiences throughout the city, including neighborhoods, schools, parks and gardens, gathering places and the City’s cultural venues. Residents value arts, culture, and creativity as essential to the health and well-being of the community and have access to lifelong learning through the arts. } } } } VISION 1 Packet Pg. 284 Attachment: Exhibit A (8000 : FoCo Creates Arts and Culture Master Plan RESO) City of Fort Collins 9 “Regional Growth, and success in regional growth, is really based on the competition for talent. You need the educated, highly skilled workforce in today’s economy to push your region ahead. One way to [do this is] attracting and retaining talent through creative amenities.” { ~ Michael Seman2 For this plan, the definition of creative industries is drawn from the Colorado Office of Economic Development and International Trade. The creative industries include nonprofit, for-profit and independent self- employed creatives. Specifically, the industries typically include design, film and media, heritage, literary and publishing, performing arts, and visual arts and crafts. Best practice also includes local definitions and for this plan we include culinary arts and brewing. “Artist,” “creatives,” and “cultural provider” are utilized throughout the plan to represent all people working in the creative industries and creative economy. Defining Creative Industries 2Ro, Christine. 2019. “Planning for Music can Transform American Cities.” Planning Magazine, February 2019. https://www.planning.org/planning/2019/feb/planningformusic/ Conversation with Myself by Lorri Acott, Collection of the Fort Collins Museum of Discovery 1 Packet Pg. 285 Attachment: Exhibit A (8000 : FoCo Creates Arts and Culture Master Plan RESO) 10 FOCO Creates — Arts & Culture Master Plan GOAL 1 — Inclusion and Equity Through the arts, foster an inclusive and equitable cultural and creative community that represents all residents. STRATEGIES ACTIONS Ensure inclusion and equity within the City’s Cultural Services Department programs, projects and facilities. Promote and increase the visibility and support of the diverse cultural artists and organizations in Fort Collins. 1.1 1.2 Develop guidelines for the Cultural Services Department that take into consideration equity and cultural representation, including artist and program selection and program development. Enhance program offerings and projects throughout the city, including those of underserved populations, neighborhoods and communities. Increase access to free and reduced-fee opportunities to City cultural programs. Assess the location of public art installations; research opportunities to place public art in underserved locations. Collaborate with diverse cultural artists and organizations to raise awareness of their work through City communication channels and working with community partners like Visit Fort Collins. Proactively outreach to, and convene regular meetings of cultural providers, including the academic community, to understand their work, share resources and collaborate. Through direct outreach, engagement, and support, encourage cultural organizations to apply for financial support through grants and other opportunities. a. b. c. d. a. b. c. The Owl and The Pussy Cat by Mary Harnett, City of Fort Collins Art Collection The Owl and The Pussy Cat by Mary Harnett, City of Fort Collins Art Collection 1 Packet Pg. 286 Attachment: Exhibit A (8000 : FoCo Creates Arts and Culture Master Plan RESO) City of Fort Collins 11 STRATEGIES ACTIONS Foster inclusion and equity within the City’s Fort Fund grant program and within the Cultural Resources Board and Art in Public Places Board. 1.3 Assess and edit the Fort Fund guidelines, applications, and reporting documents for clear, inclusive and welcoming language. Provide direct outreach to cultural organizations on funding opportunities, host Fort Fund informational workshops and provide multilingual information. Support Fort Fund grantees in creating inclusion and equity policies for their organizations and working to have their boards reflective of the community. Promote the opportunity to serve on the Cultural Resources Board and the Art in Public Places Board with the goal of having the Boards reflect the broad community. a. b. c. d. 1 Packet Pg. 287 Attachment: Exhibit A (8000 : FoCo Creates Arts and Culture Master Plan RESO) 12 FOCO Creates — Arts & Culture Master Plan GOAL 2 — Creative Destination Support and advocate for the creative industries in Fort Collins, emphasizing the importance of the creative economy and building the City’s reputation as a destination for innovative companies and people. STRATEGIES ACTIONS Support the creative industries through engagement, educational opportunities and business support. 2.1 Working with partners such as the City’s Economic Health Office and Social Sustainability Department, initiate and organize meetings with representatives of the creative industries to understand barriers, needs and opportunities. Promote educational opportunities and the creative industry through partners such as Colorado State University (University Center for the Arts), Front Range Community College, Poudre School District and other local districts, The Music District and the Small Business Development Center. Support and recognize the needs of the informal and do-it-yourself creative community, including youth. Work with City departments, including Planning, Development and Transportation and Sustainability Services to identify policies, land use codes, or other barriers that may limit innovative programs or businesses. Include the breadth of the cultural industries in the marketing of Fort Collins as a cultural center and destination. Explore the creation of a City Music Commission to support the continued development of a vital creative industry in the community. Hire a Manager of Creative Industries to work with the community to implement goals, be a liaison to all City departments including the Economic Health Office, Planning and Neighborhood Services, and coordinate all activity related to the City’s support of the creative industries sector. a. b. c. d. e. f. g. 1 Packet Pg. 288 Attachment: Exhibit A (8000 : FoCo Creates Arts and Culture Master Plan RESO) City of Fort Collins 13 Further a public-private built environment that supports the growth of the creative economy. 2.2 Working with community partners, further examine the recently explored opportunity for housing and work spaces for creatives in Fort Collins. Also explore other potential housing partners and opportunities. Inventory existing spaces and buildings for use as affordable housing and/ or work space; explore funding opportunities to support developing new creative spaces. Support and promote existing creative spaces, both public and private, so they remain within the creative economy. Support the continued success of the Downtown Creative District through continuing to be a fiscal agent and liaison to City departments and by providing access to City facilities. Identify, by working with the City and community, the potential for additional creative districts throughout the city to be developed. Work with the Recreation Department to further research and complete a feasibility study for the Community Center for Innovation and Creativity. Identify opportunities to incentivize private development to incorporate creative use in building projects. a. b. c. d. e. f. g. STRATEGIES ACTIONS 1 Packet Pg. 289 Attachment: Exhibit A (8000 : FoCo Creates Arts and Culture Master Plan RESO) 14 FOCO Creates — Arts & Culture Master Plan GOAL 3 — Community Engagement Enhance the City’s cultural facilities and city-wide programs to address community growth and demand, supporting the community’s vibrancy and health. STRATEGIES ACTIONS Provide and operate a variety of cultural facilities that support current and future needs of the community. 3.1 Conduct a feasibility study and market analysis to determine the potential of a capital campaign, and the ongoing sustainability of a major new performing arts center (2000 – 2200 seats). Explore opportunities to capitalize on the renovation of the Carnegie Center for Creativity in 2024, developing the facility into a hub for community cultural organizations and creative industries. With community partners, evaluate and further examine existing facilities, as well as the development of additional performing and visual arts facilities throughout the community. Create a long-term plan for the Fort Collins Museum of Discovery expansion, including funding options and location research. Complete phase two of The Gardens on Spring Creek expansion. Develop additional storage capacity in support of expanded cultural facilities and programs. a. b. c. d. e. f. 1 Packet Pg. 290 Attachment: Exhibit A (8000 : FoCo Creates Arts and Culture Master Plan RESO) City of Fort Collins 15 Provide cultural programming and projects at city facilities and throughout the city that engage residents and visitors. 3.2 Expand and fund art opportunities and experiences throughout the city with informal performances, pop-up temporary art exhibits, etc. in parks, neighborhoods, and civic facilities such as City Hall and The Gardens on Spring Creek. Promote collaborative programming within the Department of Cultural Services, and with other City departments such as Recreation and with community partners. Work with diverse community partners to inform and expand programmatic offerings in City facilities and throughout the community in a range of arts including literary, visual, design, digital, film and video. Hire a Community Programs Manager to implement and oversee expanded community-based programming throughout the community. Evaluate the Art in Public Places Program, assessing expanded opportunities including temporary art installations, neighborhood partnerships and the creation of major gateway artworks. Research opportunities to increase funding for Public Art including a percent for art increase, public-private partnerships and private development incentives. a. b. c. d. e. f. STRATEGIES ACTIONS Margarita Dream by Amelia Caruso, City of Fort Collins Art Collection Up.cy.clone by Tim Upham, City of Fort Collins Art Collection 1 Packet Pg. 291 Attachment: Exhibit A (8000 : FoCo Creates Arts and Culture Master Plan RESO) 16 FOCO Creates — Arts & Culture Master Plan GOAL 4 — Sustained and Thriving Sector GOAL 3 — Community Engagement Continued Explore and support the creation of new sustainable public and private funding sources to cultivate a vibrant and healthy cultural and creative sector. Evaluate current funding mechanisms for effectiveness and alignment to future goals and vision. STRATEGIES STRATEGIES ACTIONS ACTIONS Research new public funding mechanisms for dedicated and sustainable revenue sources. Promote and provide lifelong learning in the arts and culture. 4.1 3.3 Research and evaluate the establishment of a regional sales tax, or other sustainable funding mechanism. Research and evaluate the establishment of dedicated tax options (examples include admission tax, sin tax, etc.). Inventory and assess current lifelong creative learning opportunities offered by the City, Poudre School District, Colorado State University (Osher Lifelong Learning Institute), Front Range Community College, health providers, community partners and businesses. Determine gaps and work with partners to address the needs. Support community nonprofits work through providing convening and learning opportunities. Work with community stakeholders to create a lifelong learning web portal as part of a larger creative marketing and branding initiative. Explore designated funding opportunities, including Fort Fund. a. b. a. b. c. d. 1 Packet Pg. 292 Attachment: Exhibit A (8000 : FoCo Creates Arts and Culture Master Plan RESO) City of Fort Collins 17 Engage the private and philanthropic sectors to support a growing and vibrant cultural and creative community. Evaluate the Fort Fund grant program as it relates to Cultural Plan goals and strategies. 4.2 4.3 Work with private industry and philanthropic organizations to understand and identify areas of shared interest with the nonprofit and for-profit creative sectors. Work with City Give. Explore opportunities to increase funding for Public Art including public- private partnerships and private development incentives. Research regional and national grant opportunities that would support the specific goals of the plan, for example lifelong learning, renovation of the Carnegie Center for Creativity, shared creative space, expansion of programs in underserved communities, etc. Evaluate current Fort Fund funding categories for alignment to the vision of Fort Collins being a creative center and destination, engaging the entire community and visitors. Identify opportunities within Fort Fund to support a broad spectrum of creative activities, ranging from those produced by previously supported and established nonprofits to new funding opportunities in areas such as lifelong learning in the arts, artists-entrepreneurs and capacity building. a. b. c. a. b. STRATEGIES ACTIONS 1 Packet Pg. 293 Attachment: Exhibit A (8000 : FoCo Creates Arts and Culture Master Plan RESO) 18 FOCO Creates — Arts & Culture Master Plan GOAL 5 — Dynamic Identity Build Fort Collins creative, arts, and culture brand identity and visibility; communicate it effectively to the community, the region and beyond. STRATEGIES ACTIONS Support the development of partnerships to develop a brand for the creative sector of Fort Collins that reflects the entirety of the cultural and creative community. 5.1 Convene a comprehensive cross-section of the for-profit and nonprofit creative sector to support and partner on creating a unified creative brand identity for Fort Collins. Support the establishment of an ongoing creative sector branding and marketing committee to guide brand identity and development of marketing strategy. Partners would be inclusive of the entire creative sector and community. a. b. Promote and market the creative sector of Fort Collins, increasing visibility and driving community engagement, tourism, business and the recognition of Fort Collins as a cultural and creative destination. 5.2 Work with the creative sector marketing committee to develop a marketing strategy and implementation plan. A key partner would be Visit Fort Collins, with other partners including a variety of people and organizations from throughout the growth management area. Explore creating, or enhancing, a robust online resource that list events, programs, projects and links to organizations, businesses, events, etc. Work with Visit Fort Collins and others. Work with community partners to seek funds to support the branding and marketing initiative. a. b. c. 1 Packet Pg. 294 Attachment: Exhibit A (8000 : FoCo Creates Arts and Culture Master Plan RESO) City of Fort Collins 19 Flight by Kirsten Kokkin, City of Fort Collins Art Collection Fort Collins Love by Chris Bates, City of Fort Collins Art Collection 1 Packet Pg. 295 Attachment: Exhibit A (8000 : FoCo Creates Arts and Culture Master Plan RESO) 1 Packet Pg. 296 Attachment: Exhibit A (8000 : FoCo Creates Arts and Culture Master Plan RESO) 1 Packet Pg. 297 Attachment: Exhibit A (8000 : FoCo Creates Arts and Culture Master Plan RESO) 22 FOCO Creates — Arts & Culture Master Plan IMPLEMENTATION IMMEDIATE ACTIONS IE 1.1a: Develop guidelines for the Cultural Services Department that take into consideration equity and cultural representation, including artist and program development. CSD Staff Staff Time IE 1.3a: Assess and edit the Fort Fund guidelines, applications, and reporting documents for clear, inclusive and welcoming language. CSD Staff, Cultural Resources Board, Cultural Organizations Staff Time CD 2.2a: Working with community partners, further examine the recently explored opportunity for live and work space for creatives in Fort Collins. Also explore other potential housing partners and opportunities. CSD Staff, Economic Health Office, Philanthropic Community Staff Time CE 3.1e: Complete phase two of The Gardens on Spring Creek expansion. CSD Staff, Friends of the Gardens Funded CE 3.2a: Expand and fund art opportunities and experiences throughout the city with informal performances, pop-up temporary art exhibits, etc. in parks, neighborhoods, and civic facilities such as City Hall and The Gardens on Spring Creek. CSD Staff, City Departments, Community Stakeholders Contingent on Funding of Community Programs Manager position and related programmatic support (Estimated annual cost of programming $75,000) CE 3.2d: Hire a Community Programs Manager to implement and oversee expanded community-based programming throughout the community. CSD Staff Contingent on Funding (Estimated Annual Expense $80,000 - $100,000) CE 3.2e: Evaluate the Art in Public Places Program, assessing expanded opportunities including temporary art installations, neighborhood partnerships, and the creation of major gateway artworks. CSD Staff, Finance (Program Evaluation) Staff Time CE 3.3c: Work with community stakeholders to create a lifelong learning web portal as part of a larger creative marketing and branding initiative. CSD Staff, City Departments, Community Stakeholders City of Fort Collins 23 SHORT-TERM ACTIONS IE 1.1d: Assess the location of public art installations; research opportunities to place public art in underserved locations. CSD Staff, Art in Public Places Board, Community Stakeholders Staff Time, Art in Public Places CD 2.1a: Working with partners such as the City’s Economic Health Office and Social Sustainability Department, initiate and organize meetings with representatives of the creative industries to understand barriers, needs, and opportunities. CSD Staff, Economic Health Office, Social Sustainability, Creative Industry Staff Time (Contingent on Funding of Creative Industries Position) CD 2.1f: Explore the creation of a City Music Commission to support the continued development of a vital creative industry in the community. CSD Staff, Community Stakeholders Staff Time (Contingent on Funding of Creative Industries Position) CD 2.1g: Hire a Manager of Creative Industries to work with the community to implement goals, be a liaison to all City departments including the Economic Health Office, Planning and Neighborhood Services and coordinate all activity related to the City’s support of the creative industries sector. CSD Staff Contingent on Funding (Estimated Annual Expense $80,000 - $100,000) CD 2.2b: Inventory existing spaces and buildings for use as affordable live and/or work space; explore funding opportunities to support developing new creatives spaces. CSD Staff, Community Stakeholders Staff Time (Contingent on Funding of Creative Industries Position) CD 2.2f: Work with the Recreation Department to further research and complete a feasibility study for the Community Center for Innovation and Creativity. CSD Staff, Recreation Department Staff Time, Recreation Budget CE 3.1b: Explore opportunities to capitalize on the renovation of the Carnegie Center for Creativity in 2024, developing the facility into a hub for community cultural organizations and creative industries. CSD Staff, Community 24 FOCO Creates — Arts & Culture Master Plan SHORT-TERM ACTIONS CONTINUED 2021-2022 MID-TERM ACTIONS 2023-2027 ONGOING ACTIONS DI 5.1a: Convene a comprehensive cross-section of the for-profit and nonprofit creative sector to support and partner on creating a unified creative brand identity for Fort Collins. CSD Staff, Communication and Public Involvement Office, Visit Fort Collins, Community Stakeholders Staff Time, Community Stakeholders DI 5.1b: Support the establishment of an ongoing creative sector branding and marketing committee to guide brand identity and development of marketing strategy. Partners would be inclusive of the entire creative sector and community. CSD Staff, Communication and Public Involvement Office, Visit Fort Collins, Community Stakeholders Staff Time, Community Stakeholders DI 5.2a: Work with the creative sector marketing committee to develop a marketing strategy and implementation plan. A key partner would be Visit Fort Collins, with other partners including a variety of people and organizations from throughout the growth management area. CSD Staff, City's Communication and Public Involvement Office, Visit Fort Collins, Community Stakeholders Staff Time, Community Stakeholders DI 5.2b: Explore creating, or enhancing, a robust online resource that lists events, programs, projects and links to organizations, businesses, events, etc. Work with Visit Fort Collins and others. CSD Staff, Visit Fort Collins, Community Stakeholders Staff Time, General Fund, Community Stakeholders DI 5.2c: Work with community partners to seek funds to support the branding and marketing initiative. CSD Staff, Community Partners, Philanthropic Partners Staff Time, Grant Procurement, Community Stakeholders IE 1.1b: Enhance program offerings and projects throughout the City, including those of underserved populations, neighborhoods and communities. CSD Staff, Neighborhood Services, Recreation, Community Stakeholders City of Fort Collins 25 ONGOING ACTIONS CONTINUED IE 1.2b: Proactively outreach to, and convene regular meetings of cultural providers, including the academic community, to understand their work, share resources and collaborate. CSD Staff, Community Partners, Cultural Organizations Staff Time IE 1.2c: Through direct outreach, engagement, and support, encourage cultural organizations to apply for financial support through grants and other opportunities. CSD Staff, Philanthropic Community Staff Time IE 1.3b: Provide direct outreach to cultural organizations on funding opportunities, host Fort Fund informational workshops and provide multilingual information. CSD Staff, Philanthropic Community Staff Time IE 1.3c: Support Fort Fund grantees in creating inclusion and equity policies for their organizations and working to have their boards reflective of the diverse community. CSD Staff, Nonprofit Art Organizations, Philanthropic Community Staff Time IE 1.3d: Promote the opportunity to serve on the Cultural Resources Board and the Art in Public Places Board with the goal of having the Boards reflect the broad community. CSD Staff, City Council, City Clerk's Office Staff Time CD 2.1b: Promote educational opportunities and the creative industry through partners such as Colorado State University (University Center for the Arts), Front Range Community College, Poudre School District and other local districts, The Music District and the Small Business Development Center. CSD Staff, Academic Community, Music District Staff Time (Contingent on Funding of Creative Industries Position) CD 2.1c: Support and recognize the needs of the informal and do-it-yourself creative community, including youth. CSD Staff, City Departments, Community Stakeholders Staff Time (Contingent on Funding of Creative Industries Position) CD 2.1d: Work with City Departments, including 26 FOCO Creates — Arts & Culture Master Plan ONGOING ACTIONS CONTINUED CD 2.2g: Identify opportunities to incentivize private development to incorporate creative use in building projects. CSD Staff, Planning Department, Economic Health Office, Planning Department Staff Time (Contingent on Funding of Creative Industries Position) CE 3.1c: With community partners, evaluate and further examine existing facilities, as well as the development of additional performing and visual arts facilities throughout the community. CSD Staff, Cultural Providers, Community Stakeholders Staff Time CE 3.2b: Promote collaborative programming within the Department of Cultural Services, and with other City Departments such as Recreation and with community partners. CSD Staff, City Departments, Community Stakeholders Staff Time (Contingent on Funding of Community Programs Manager position) CE 3.2c: Work with diverse community partners to inform and expand programmatic offerings in City facilities and throughout the community in a range of arts including literary, visual, design, digital, film and video. CSD Staff Arts and Community Stakeholders Staff Time (Contingent on Funding of Community Programs Manager position) CE 3.3a: Inventory and assess current lifelong creative learning opportunities offered by the City, Poudre School District, CSU (Osher Lifelong Learning Institute), Front Range Community College, health providers, community partners and businesses. Determine gaps and work with partners to address the needs. CSD Staff, Academic Community, Community Stakeholders Staff Time (Contingent on Funding of Community Programs Manager position), Grant Procurement CE 3.3b: Support community nonprofits work through providing convening and learning opportunities. CSD Staff, Community Stakeholders, Creative Industries Staff Time (Contingent on ACKNOWLEDGMENTS CITY COUNCIL Wade Troxell, Mayor Kristin Stephens, Mayor Pro Tem, District 4 Susan Gutowsky, District 1 Julie Pignataro, District 2 Ken Summers, District 3 Ross Cunniff, District 5 Emily Gorgol, District 6 CITY OF FORT COLLINS ADMINISTRATION Darin Atteberry, City Manager Jeff Mihelich, Deputy City Manager Kelly DiMartino, Senior Assistant City Manager Wendy Williams, Assistant City Manager FOCO CREATES LEADERSHIP COMMITTEE Kit Baker Robert Beauchamp Kelly DiMartino Cynthia Eichler Will Flowers Bruce Freestone Bill Kneeland Mary Kopco Peggy Lyle Ray Martinez Bryce Merrill Yvonne Myers Gary Ozzello Matt Robenalt Tom Scharf Andrew Schneider Ashley Stiles Ken Summers Wade Troxell Wendy Williams Ben Withers Cheryl Zimlich CULTURAL RESOURCES BOARD Will Flowers, Chair Tedi Cox Jane Folsom Lili Francuz Vicki Fogel Mykles Jesse Solomon Jennifer Zidon ART IN PUBLIC PLACES BOARD Kirsten Savage, Chair Miriam Chase Sabrina Davies Gwen Hatchette Carol Ann Hixon Renee Sherman Michael Short WORKING GROUPS 1 Packet Pg. 304 Attachment: Exhibit A (8000 : FoCo Creates Arts and Culture Master Plan RESO) Agenda Item 16 Item # 16 Page 1 AGENDA ITEM SUMMARY May 21, 2019 City Council STAFF Timothy Kemp, Civil Engineer III Chad Crager, Director of Infrastructure Services Chris Van Hall, Legal SUBJECT First Reading of Ordinance No. 074, 2019, Making Appropriations and Authorizing Transfers of Appropriations for the Lemay and Vine Intersection Improvements Project and Related Art in Public Places. EXECUTIVE SUMMARY The purpose of this item is to appropriate $9.1M of Transportation Capital Expansion Fee (TCEF) and Transportation Reserve Funds into the Capital Project Fund for the Lemay and Vine Intersection Improvements Project. In addition, this item will authorize the transfer of $91,000, one percent of the appropriated funds, from the Capital Project Fund to the Cultural Services and Facilities Fund for Art in Public Places. The overall project cost, including design, property acquisition, and construction, is estimated at $23.3M. The City has previously appropriated $3.7M, and this appropriation would add $9.1M to the project. The remaining funding needed for the project is $10.5M in 2019 dollars. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The Lemay Avenue realignment and intersection improvements have been prioritized as the City’s highest priority Transportation Capital Improvement Project. The Lemay Avenue realignment and grade separation has been on the City’s Master Street Plan for nearly 30 years and is a critical infrastructure improvement needed to address existing transportation deficiencies, growth related impacts of new development, and neighborhood livability. The existing intersection operations continue to degrade which has led to increased safety, congestion, and access problems for local neighborhoods, railways, emergency services, and the traveling public. Unlike most railroad crossings within Fort Collins, the existing Lemay Avenue and Vine Drive intersection is greatly impacted due to the proximity of the BNSF and Great Western Railroad switching yard along Vine Drive. Additionally, the existing intersection is severely congested with limited options to expand through lanes or turn capacity due to the proximity to houses and driveways. The Lemay and Vine Intersection Improvements Project will construct a new roadway (realigned Lemay Avenue) from Lincoln Avenue to Conifer Street, and a new intersection slightly northeast of the existing Lemay Avenue and Vine Drive intersection. The project will also contain a roadway bridge over the Burlington Northern Santa Fe (BNSF) Railway and Vine Drive. The construction of this project will alleviate existing deficiencies and provide a key infrastructure asset for growth related impacts of new development in northeast Fort Collins. More specifically, this project will: 16 Packet Pg. 305 Agenda Item 16 Item # 16 Page 2 • Improve quality of life, equity, and neighborhood livability for Andersonville, Buckingham, and Alta Vista by removing arterial traffic volumes off Ninth Street • Reduce accidents and congestion, and improve emergency services coverage by separating travel modes from BNSF Railway switching operations • Improve air quality by reducing the emissions from idling vehicles, whereby aligning with the goals of the Climate Action Plan • Provide multi-modal connectivity to the new Sugar Beet Park at the southwest corner of Vine and Lemay The overall project cost, including design, property acquisition, and construction is estimated at $23.3M. The project is being designed and constructed in phases, enabling the project to move forward as project funding becomes available. Phase One advanced the project’s engineering design to 50%, placed fill dirt for the future bridge, installed a box culvert to convey stormwater, and completed a majority of the property acquisitions necessary to construct the improvements. This total cost to complete this work was $3.7M. As this project will be adding growth-related vehicular and multimodal capacity to the transportation network, the project is eligible to be partially funded using Transportation Capital Expansion Fee (TCEF) funds. This project will be replacing an existing two-lane roadway with a new four-lane roadway; resulting in a net gain of two travel lanes. These new travel lanes will address growth-related impacts by providing additional capacity and are eligible to be funded by TCEF funds. Reconstruction of the existing two travel lanes is considered correction of an existing deficiency and must be funded by other sources. To ensure funding proportionality, staff developed a funding contribution model to assign funding responsibilities for TCEF, developer obligations, and other City funding sources. Staff calculated the total TCEF contribution available for the project as $10.7M of which $1.8M (2019 Dollars) will be reimbursed by future proximate development. Approximately $1.6M of TCEF funds have been previously appropriated to the project as part of Phase One. Appropriating an additional $9.1M in TCEF funds for Phase two enables the following: • Right-of-way purchases for realigned Lemay Avenue, south of Vine Drive; and the Buckingham Street extension from Ninth Street to realigned Lemay • Complete the final design and begin construction • Complete dirt placement and install utilities along realigned Lemay Avenue • Obtain Public Utilities Commission (PUC) approval for the roadway bridge and complete a Construction and Maintenance Agreement with BNSF Staff anticipates the efficiencies gained through initiating the above items in 2019 will reduce the overall project duration by one year. Reducing the project’s overall time frame will also result in cost savings for the project. Per City Code Section 24-304, all appropriations for construction projects estimated to cost over $250,000 shall include an amount equal to one percent of the estimated cost for works of art. The total Art in Public Places funds to be appropriated is $91,000. This item will transfer $70,980 of the TCEF appropriations to the Art in Public Places Program. Staff has identified the Transportation Reserves as a means to provide the additional $20,020 needed to provide long-term maintenance for the art. CITY FINANCIAL IMPACTS This action will appropriate $9.1M into the Capital Project Fund for the Lemay and Vine Intersection Improvements Project and transfer $91,000 from the Capital Project Fund to the Cultural Services and Facilities Fund for the Art in Public Places Program. The following is a summary of funds to be appropriated with this action: 16 Packet Pg. 306 Agenda Item 16 Item # 16 Page 3 Prior Appropriated Funds 2015 / 2016 BFO Process (Keep Fort Collins Great) $1,050,000 2017 / 2018 BFO Process (General Fund Reserves) $1,000,000 Transportation Capital Expansion Fee Funds $1,644,723 Total Prior Appropriations (Phase I) $3,694,723 Funds to be Appropriated with this Action (Phase II) Transportation Capital Expansion Fee Funds Reserves $9,079,980 Transportation Reserves $20,020 Total Funds to be Appropriated with this Action $9,100,000 Total Current Project Budget $12,794,723 Transfer to Art in Public Places $91,000 The overall project cost, including design, property acquisition, and construction, is estimated at $23.3M, leaving an overall shortage of $10.5M in 2019 dollars. BOARD / COMMISSION RECOMMENDATION Staff has presented to various Boards and Commissions over the course of the project, including presentations to the Transportation Board, the Futures Committee, the Council Finance Committee, and at Council Work Sessions. At the April 15, 2019 Council Finance Committee (CFC) meeting, unanimous support was given for bringing this appropriation to the full Council. Draft CFC meeting minutes specific to this item are attached. PUBLIC OUTREACH Staff has given many formal presentations and provided project information at City sponsored events. Staff designed the outreach to encourage public participation and collect feedback. Staff is actively addressing community questions and working with nearby residents, business owners, landowners, and proposed development projects. Summary of Public Engagement to Date: • February 2016 - Public Open House (Streets Facility) 122 people signed in for the event • August 2016 - Lincoln Neighborhood Ice Cream Social • November 2016 - Presentation to Alta Vista residents • September 2017 - Open House event for Alta Vista, Andersonville, and Buckingham residents at the Legacy Church (Ninth Street and San Cristo Street) • December 2017 and March 2018 - Fort Collins Area Chamber of Commerce • February 2018 - Fort Collins Sertoma Club • March 2018 and February 2019 - North Fort Collins Business Association Staff will continue public outreach and engagement efforts with stakeholders throughout the duration of the project. In addition, staff maintains an active project website available at: <http://www.fcgov.com/engineering/vine- lemay.php> ATTACHMENTS 1. Location Map (PDF) 2. Council Finance Committee minutes, April 15, 2019 (draft) (PDF) 3. Powerpoint presentation (PDF) 16 Packet Pg. 307 City of Fort Collins Lemay and Vine Intersection Improvements ATTACHMENT 1 16.1 Packet Pg. 308 Attachment: Location Map (7978 : Lemay and Vine Intersection Improvements Project) Finance Administration 215 N. Mason 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6788 970.221.6782 - fax fcgov.com Finance Committee Meeting Minutes 04/15/19 10 am ‐ noon CIC Room ‐ City Hall Council Attendees: Mayor Wade Troxell, Ross Cunniff, Ken Summers, Gerry Horak Staff: Darin Atteberry, Kelly DiMartino, Jeff Mihelich, Mike Beckstead, Kevin Gertig, Lance Smith, Theresa Connor, Shane Boyle, Wendy Williams, Mike Calhoon, Kurt Friesen, Laurie Kadrich, Noelle Currell, Chad Crager, Kyle Lambrecht, Tim Kemp, Dean Klingner, Travis Storin, John Duval, Blaine Dunn, Ginny Sawyer, Tom Leeson, John Voss, Katie Ricketts, Carolyn Koontz Others: Kevin Jones, Chamber of Commerce ______________________________________________________________________________ Meeting called to order at 10:04 am Approval of Minutes from the March 18th 2019 Council Finance Committee Meeting. Ross Cunniff moved for approval of the minutes. Ken Summers seconded the motion. Minutes were approved unanimously. A. Vine/Lemay TCEF Funding Chad Crager, City Engineer SUBJECT FOR DISCUSSION Financing alternatives for the Lemay Avenue realignment project from Lincoln Avenue to Conifer Street. The project also includes a new intersection of Lemay Avenue and Suniga Road, the extension of Buckingham Street, and a grade separated crossing of the Burlington Northern Santa Fe (BNSF) Railway. EXECUTIVE SUMMARY The purpose of this item is to present and discuss potential financing alternatives for this high priority transportation capital improvement project. Staff has recently completed the plans for the 50% design, a majority of the right‐of‐way (ROW) acquisitions, and construction of the Phase One roadway embankment in collaboration with the Utilities Department. The total current project (design, right‐of‐way, and construction) cost is estimated at $23.5M. ATTACHMENT 2 16.2 Packet Pg. 309 Attachment: Council Finance Committee minutes, April 15, 2019 (draft) (7978 : Lemay and Vine Intersection Improvements Project) 2 Current project funding includes: The Budgeting for Outcomes (BFO) process, the City’s Transportation Capital Expansion Fee (TCEF) Reserves, and Developer contributions for Local Street obligations. To date, $3.7 M has been appropriated to Phase One of the project and all funds have been expended. Phase Two would be a $9.1 M appropriation from TCEF reserves. The Phase Three funding needed for the project is $10.5 M (in 2019 dollars). GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED Staff is seeking direction regarding an appropriation of the TCEF reserves. Completion of Phase II will allow staff to further refine the proposed construction schedule and stay on track for a project opening date in the next budget cycle. Questions for the Council Finance Committee: Does the Council Finance Committee support a Summer 2019 appropriation of the TCEF reserves in the amount of $9.1M for Phase Two funding? BACKGROUND/DISCUSSION Realigned Lemay Avenue has been on the City’s Master Street Plan since the 1980’s. This project, along with the grade separation at the BNSF Railway, have been included in numerous Planning efforts over the past few decades. Train switching operations continue to increase in the Vine and Lemay area. The total time that the intersection is blocked to the travelling public has increased 50% from June 2016 to February 2019 (22 hours of blockage per month v. 33 hours of blockage per month). The construction of this project will alleviate existing deficiencies and provide a “key” infrastructure asset for northeast Fort Collins. More specifically, this project will: Improve quality of life, access, and neighborhood livability for Andersonville, Buckingham, and Alta Vista Reduce accidents and congestion, and improve emergency services coverage by separating travel modes from BNSF Railway switching operations Improve air quality by reducing the emissions from idling vehicles, whereby aligning with the goals of the Climate Action Plan Provide multi‐modal connectivity to the new Beet Street Park at the southwest corner of Vine and Lemay Reduce traffic volumes on Ninth Street (Lindenmeier Road) Over the past few years, staff has given many formal presentations and provided project information at City sponsored events; designed to encourage public participation and collect feedback. Staff is actively addressing community questions and working with nearby residents, business owners, landowners, and proposed development projects. Summary of Public Engagement to Date: February 2016 ‐ Public Open House (Streets Facility) 122 people signed in for the event February 2016 ‐ Presentation to the Transportation Board May 2016 ‐ Presentation to the Futures Committee May 2016 ‐ Presentation to the Council Finance Committee August 2016 ‐ Lincoln Neighborhood Ice Cream Social 16.2 Packet Pg. 310 Attachment: Council Finance Committee minutes, April 15, 2019 (draft) (7978 : Lemay and Vine Intersection Improvements Project) 3 August 2016 – Council Work Session November 2016 ‐ Presentation to Alta Vista residents September 2017 – Open House event for Alta Vista, Andersonville, and Buckingham residents at the Legacy Church (Ninth Street and San Cristo Street) October 2017 – Presentation at Council Work Session December 2017 and March 2018 – Fort Collins Area Chamber of Commerce January 2018 and February 2019 – Transportation Board February 2018 – Fort Collins Sertoma Club March 2018 and February 2019 – North Fort Collins Business Association Project website is available at: http://www.fcgov.com/engineering/vine‐lemay.php Staff will continue public outreach and engagement efforts with stakeholders in 2019. DISCUSSION / NEXT STEPS: TCEF ‐ Transportation Capital Expansion Fees Darin Atteberry; current conditions are not good for kids heading to park 9th Street status will change – that will be helpful Phase Two ‐ $9.1M is the ask for now. We \would like to allocate TCEF now (use slide) 16.2 Packet Pg. 311 Attachment: Council Finance Committee minutes, April 15, 2019 (draft) (7978 : Lemay and Vine Intersection Improvements Project) 4 Darin Atteberry; dirt used to this point is city dirt‐ we are now out of city dirt ‐ will need to get elsewhere Chad Crager; a lot of the dirt out there on site came from NECCO Mike Beckstead; external financing ‐ we saved $315K on Prospect I25 and the Police Training Facility We had talked during BFO that the next project ‐ if we added another $400K to the $315K that would give us the $750K. The other alternative is we are looking at refinancing a URA loan from the city used for the Summit Project – once we completed that the URA would reimburse the $5M to the General Fund. Those funds could be available if Council chooses. BOB 1 still has $3‐ 3.5M of funding available – but we can’t use that until the last project is finished – so, the City Park refresh would have to completed in order to use this funding for other capital projects. We anticipate that being started in 2020 and finished in late 2021. $1.8M in BOB 1 is allocated for the City Park update. This timing pushes us out farther – which means inflation would kick in for another 2‐3 years. If we wanted to wait for the reserves this will happen later rather than sooner. Ross Cunniff; CEF ‐we are applying these funds in that region and not city wide Chad Crager; With the Capital Expansion Fees, there are a lot coming in from this area that are not constrained to this area. This does not deplete the funds for the whole city funds. Chad Crager; the current balance is approximately $22M ‐ this will not deplete our reserves of the TCEF Ross Cunniff; in our Master Plans ‐ What other CEF eligible projects are there? opportunity costs 16.2 Packet Pg. 312 Attachment: Council Finance Committee minutes, April 15, 2019 (draft) (7978 : Lemay and Vine Intersection Improvements Project) 5 Chad Crager; we can apply a certain percentage ‐ anything that is not a local if Montava – anything they construct that is not a local piece that we would consider regional – we keep track to make sure we are hitting that regional piece with the funding. Darin Atteberry; what are the TCEF priorities and how does this stack up? Chad Crager; this is our #1 project ‐ we are looking ahead to make sure we have adequate funding to do other projects Ken Summer; what is the inflow of TCEF revenue from development fees etc.? I Chad Crager; we can give you the information the last 3 years ‐ we also forecast what is coming in based on activity in the building permit review process. Darin Atteberry; before we agreed to have this come to Council Finance Committee ‐ Chad and Laurie had to answer a lot of these questions – it is a big off line appropriation ‐ if we are going to come forward ‐ we need to have some really good reason to move forward ‐ I think Chad has outlined those well in terms of the construction ‐ Vine Lemay is a priority ‐ for Council as well – where likely growth will continue to occur – felt like a good time to bring it forward. Ross Cunniff; I think with the dialog we have had ‐ I think it makes sense to bring it forward – full transparency to Council Darin Atteberry; I do think that the other priority projects conversation should be front and center for Council and the public. Mayor Troxell; what about train horn noise? that is also a Council priority ‐ build this into our overall train horn noise strategy ‐ It would be foolish not to leverage it in a bigger way Chad Crager; it will still be a crossing but we will work with them to establish a quiet zone Neighborhood streets will still be an at grade crossing ‐ pedestrians and bicyclists – this should remove one of the crossing from blowing the horn. Mayor Troxell; Windsor has quiet zones all the way through 9 intersections. We have 22 and it blows the whole way ‐ how do we leverage other intersections as part of this? Chad Crager; we are working through a prioritization right now ‐ what quiet zones do we address first? It is not only the infrastructure we put it ‐ it is the wiring that the trains have to add. Also, adding the Advance Warning Detection System at the same time. Mayor Troxell; This plays into our Public Policy agenda as well – in order for our legislatures to go forward we need to show that we are doing our part – spending millions of dollars and we can’t get it done alone Darin Atteberry; this is a great example ‐ Max Corridor – spending millions to try to minimize that 16.2 Packet Pg. 313 Attachment: Council Finance Committee minutes, April 15, 2019 (draft) (7978 : Lemay and Vine Intersection Improvements Project) 6 Even to notify as we go forward – here is another improvement that we are making and we are serious about this Mayor Troxell; Windsor submitted a TIGER grant ‐ we are investing big time to improve the safety so we need to leverage that Gerry Horak; this project was first brought forward in late 80’s – over 30 years Include some equity lenses because it has a huge benefit to surrounding neighborhoods This is important for Council ‐ BOB 1 ‐ I don’t think City Park is going to be an issue ‐ I don’t think the $3.5M would be available for this – I think we should understand that this is not limited to $1.8 M – that is a serious option to look at ‐ nexus to something the Council will be considering soon Darin Atteberry; there are other options that are going to be on the table soon such as I25 to help further Ken Summers; current ask relative to $9.1M ‐ case is compelling and the priority is high We trust your analysis regarding available funds ‐ time frame ‐ we do need to take a serious look at a strategy for Phase 3 ‐ whether it will be financing / retiring some debt early if funds are available I think we should fund Phase 2 and begin looking at how and when we would make Phase 3 happen. Ross Cunniff; consider putting some of that money away toward this ‐ could reduce the financing costs Mike Beckstead; that is something we have talked about – historically we would not bring something like Phase 3 forward mid BFO cycle because it is not competing with all of the other needs across the city. If Council wanted us to do it, we certainly could. Ross Cunniff; suggesting that we have that conversation with the next Council ‐not suggesting we appropriate ‐ we think you should keep some of this in reserve for consideration and compare it to all other priorities it gives the future Council the option Mike Beckstead; we could do the same with $350K of operating revenue ‐ set it aside $350 and $5 as a combination strategy could cover the gap ACTION ITEM: Gerry Horak; When this comes to Council, can you include a graph showing how much money is coming in from the Capital Fund and from the different sources – money coming in and going out – reserves ‐ and include project priorities Mayor Troxell; I like the equity lenses point that Gerry brought up – right now those neighborhoods are impacted by this and it is getting worse – by building big infrastructure like an overpass / grade separated – we need to show that is actually improving ‐ show how we are reconnecting through the neighborhood street and park – should be part and parcel to the whole story Darin Atteberry; abutments also need great attention and resource A barrier can be really bad if not built properly ‐ it will have negative impact and statement about equity 16.2 Packet Pg. 314 Attachment: Council Finance Committee minutes, April 15, 2019 (draft) (7978 : Lemay and Vine Intersection Improvements Project) 7 Mayor Troxell; 392 interchange ‐ ‐ natural appearances ‐ less structural in terms of how it is integrated into a neighborhood Integrate into neighborhood equity Gerry Horak; would suggest we work with our CPIO folks to get at what is happening on the project as it moves forward Mike Beckstead; we will bring that forward 16.2 Packet Pg. 315 Attachment: Council Finance Committee minutes, April 15, 2019 (draft) (7978 : Lemay and Vine Intersection Improvements Project) 1 Lemay and Vine Intersection Improvements Tim Kemp – Capital Projects Manager May 21, 2019 Proposed Rendering of Realigned Lemay ATTACHMENT 3 16.3 Packet Pg. 316 Attachment: Powerpoint presentation (7978 : Lemay and Vine Intersection Improvements Project) Action Before Council 2 • Appropriate $9.1M of Transportation Capital Expansion Fees specifically for the purpose of transportation improvements • Funds are previously collected development impact fees • Fund balance supports this appropriation and other anticipated needs • Transfers 1% to the Art in Public Places Program 16.3 Packet Pg. 317 Attachment: Powerpoint presentation (7978 : Lemay and Vine Intersection Improvements Project) Problems to be Solved 3 • Increased Congestion and Delay (Train Switching, Vehicle Traffic, Emergency Services) • Negative impacts on nearby Neighborhoods: Historic Character, Pedestrian Safety, Air Quality Improvements • Difficult access to Sugar Beet Park 16.3 Packet Pg. 318 Attachment: Powerpoint presentation (7978 : Lemay and Vine Intersection Improvements Project) RR SWITCHING YARD BUCKINGHAM ST Realigned Lemay 4 • Realigned Lemay is a new 4-lane arterial from Lincoln Avenue to Conifer Street • Roadway bridge built over railway and Vine Drive • Existing Vine/Lemay intersection remains open to local traffic • Total Project Cost - $23.3M CONIFER ST VINE DR LEMAY AVE BNSF RR LINCOLN AVE REALIGNED LEMAY BRIDGE SPANS VINE DR & BNSF FUTURE SUNIGA RD SUGAR BEET PARK 16.3 Packet Pg. 319 Attachment: Powerpoint presentation (7978 : Lemay and Vine Intersection Improvements Project) Project Phasing 5 Phase One – 2015/2018 Details Amount • Earthwork • Preliminary Design • Partial Property Acquisition $3.7M Details Amount • Final Design • Property acquisition • Embankment • Utilities coordination • Railroad Applications and Agreements $9.1 M Phase Two – 2019/2020 Phase Three – Future Budget Offer Details Amount • Completion of Project $10.5 M* *2019 Dollars 16.3 Packet Pg. 320 Attachment: Powerpoint presentation (7978 : Lemay and Vine Intersection Improvements Project) Why Appropriate Funds? 6 1. Enables completion of the project one year sooner at lower cost 2. Stakeholders continue to see progress 3. Allows better coordination with City and Development work in area 4. Allows for planting establishment of side slopes on embankments 16.3 Packet Pg. 321 Attachment: Powerpoint presentation (7978 : Lemay and Vine Intersection Improvements Project) Summary 7 • Appropriate $9.1 M into the project • Total appropriations would be $12.8 M • Leaves $10.5 M (2019 Dollars) to complete the project • Council Finance Committee supports presenting this appropriation to the full Council • Enables the project to be completed one year sooner 16.3 Packet Pg. 322 Attachment: Powerpoint presentation (7978 : Lemay and Vine Intersection Improvements Project) -1- ORDINANCE NO. 074, 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING APPROPRIATIONS AND AUTHORIZING TRANSFERS OF APPROPRIATIONS FOR THE LEMAY AND VINE INTERSECTION IMPROVEMENTS PROJECT AND RELATED ART IN PUBLIC PLACES WHEREAS, the Lemay Avenue realignment and intersection improvements have been prioritized as the City’s highest priority Transportation Capital Improvement Project and has been on the City’s Master Street Plan for nearly 30 years; and WHEREAS, the Lemay and Vine Intersection Improvements Project will construct a new realigned Lemay Avenue from Lincoln Avenue to Conifer Street, and a new intersection slightly northeast of the existing Lemay Avenue and Vine Drive intersection (the “Project”); and WHEREAS, the Project will alleviate existing deficiencies and provide a key infrastructure asset for northeast Fort Collins while also adding vehicular and multimodal capacity to the existing transportation network within the Project area; and WHEREAS, the Project cost is currently estimated at $23.3 million and will be replacing an existing two-lane roadway with a new four-lane roadway, which results in a net gain of two travel lanes; and WHEREAS, because these new travel lanes will address growth-related impacts by providing additional capacity to the existing transportation network, the Project is eligible to be partially funded through Transportation Capital Expansion Fee (“TCEF”) funds; and WHEREAS, staff developed a funding contribution model and calculated the total TCEF contribution available for the Project as $10.7 million, of which $1.8 million (in 2019 dollars) will be reimbursed by future development of land adjacent to the Project; and WHEREAS, this Ordinance appropriates $9.1 million in TCEF funds to the Project; and WHEREAS, this appropriation will also address Art in Public Places obligations associated with this appropriation of $9.1 million for the Project; and WHEREAS, this appropriation benefits the public and residents of the City of Fort Collins because it enhances existing roadway and infrastructure within the City; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS, the City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated from the Packet Pg. 323 -2- Transportation Capital Expansion Fee Fund and will not cause the total amount appropriated in the Transportation Capital Expansion Fee Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year; and WHEREAS, the City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated from the Transportation Fund and will not cause the total amount appropriated in the Transportation Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year; and WHEREAS, Article V, Section 10 of the City Charter authorizes the City Council to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one fund or capital project to another fund or capital project, provided that the purpose for which the transferred funds are to be expended remains unchanged; the purpose for which the funds were initially appropriated no longer exists; or the proposed transfer is from a fund or capital project in which the amount appropriated exceeds the amount needed to accomplish the purpose specified in the appropriation ordinance; and WHEREAS, this Project involves construction estimated to cost more than $250,000, as such, Section 23-304 of the City Code requires one percent of these qualified appropriations to be transferred to the Cultural Services and Facilities Fund for a contribution to the Art in Public Places (APP) program. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated for expenditure from prior year reserves in the Transportation Capital Expansion Fee Fund for transfer to the Capital Projects Fund the sum of NINE MILLION SEVENTY-NINE THOUSAND NINE HUNDRED EIGHTY DOLLARS ($9,079,980) for the Lemay and Vine Intersection Improvements Project and appropriated therein. Section 3. That there is hereby appropriated for expenditure from prior year reserves in the Transportation Fund for transfer to the Capital Projects Fund the sum of TWENTY THOUSAND TWENTY DOLLARS ($20,020) for the Lemay and Vine Intersection Improvements Project and appropriated therein. Section 4. That the unexpended appropriated amount of SEVENTY THOUSAND NINE HUNDRED EIGHTY DOLLARS ($70,980) in the Capital Projects Fund is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Art Project. Packet Pg. 324 -3- Section 5. That the unexpended appropriated amount of EIGHTEEN THOUSAND TWO HUNDRED DOLLARS ($18,200) in the Capital Projects Fund is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Program Operations. Section 6. That the unexpended appropriated amount of ONE THOUSAND EIGHT HUNDRED TWENTY DOLLARS ($1,820) in the Capital Projects Fund is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Program Maintenance. Introduced, considered favorably on first reading, and ordered published this 21st day of May, A.D. 2019, and to be presented for final passage on the 4th day of June, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ Chief Deputy City Clerk Passed and adopted on final reading on the 4th day of June, A.D. 2019. __________________________________ Mayor Pro Tem ATTEST: _______________________________ City Clerk Packet Pg. 325 Agenda Item 17 Item # 17 Page 1 AGENDA ITEM SUMMARY May 21, 2019 City Council STAFF Delynn Coldiron, City Clerk Carrie M. Daggett, Legal SUBJECT Resolution 2019-065 Making Board and Commission Liaison and Council Committee Assignments and Making Appointments to Various External Boards and Authorities. EXECUTIVE SUMMARY The purpose of this item is to make Councilmember liaison assignments to City boards and commissions and to Council Committees and to make appointments to external boards and authorities on behalf of the City. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. BACKGROUND / DISCUSSION This item is for Council to discuss the various City board and commission Council liaison assignments and Council committee appointments. During the Council Retreat on May 4, 2019, this item was discussed, and this Resolution will adopt liaison and committee assignments. In addition, this Resolution also assigns Councilmembers to numerous cooperative and external authorities, boards, committees and groups, as listed. The Resolution provides suggested assignments and appointments for all but two items. The items that are presented in the Resolution with blanks to be filled in include the City/Colorado State University Liaison Committee (2 seats) and the Colorado Municipal League Policy Committee. The two blank assignments will be written in for adoption. The assignments remain in effect until modified and provide that if any Councilmember should leave office prior to a change in appointment, the new incumbent in that Council seat will automatically assume the predecessor’s assignments until Council has acted on subsequent assignments. The Resolution also describes the role and function of assigned alternates. 17 Packet Pg. 326 -1- RESOLUTION 2019-065 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING BOARD AND COMMISSION LIAISON AND COUNCIL COMMITTEE ASSIGNMENTS AND MAKING APPOINTMENTS TO VARIOUS EXTERNAL BOARDS AND AUTHORITIES WHEREAS, the City Council appoints Councilmembers to serve as liaisons to the City’s boards and commissions and appoints Councilmembers to established Council committees; and WHEREAS, the City Council is also desirous of appointing representatives to certain other organizations of which the City is a member; and WHEREAS, City Council has determined that it will be beneficial to assure that these appointments are assumed by the successors-in-office for any Council seats vacated before new appointments are made; and WHEREAS, Council has further determined that appointing alternate members to all Council committees will assist with effective functioning of these committees, as described below. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That all appointments set forth herein shall continue until such time as Council may reconsider and modify the same. In the event any individual appointee leaves office before Council acts to make a new appointment, the new incumbent in that individual’s Council seat shall be deemed to have assumed his or her predecessor’s appointments. Section 3. That the following named Councilmembers are hereby appointed to serve as the Council liaison to the following City boards and commissions: BOARD OR COMMISSION LIAISON AFFORDABLE HOUSING BOARD Emily Gorgol AIR QUALITY ADVISORY BOARD Julie Pignataro ART IN PUBLIC PLACES BOARD Julie Pignataro BUILDING REVIEW BOARD Ross Cunniff CITIZEN REVIEW BOARD Julie Pignataro COMMISSION ON DISABILITY Ken Summers Packet Pg. 327 -2- CDBG COMMISSION Kristin Stephens CULTURAL RESOURCES BOARD Wade Troxell ECONOMIC ADVISORY COMMISSION Emily Gorgol ENERGY BOARD Ross Cunniff GOLF BOARD Susan Gutowsky HUMAN RELATIONS COMMISSION Kristin Stephens LAND CONSERVATION & STEWARDSHIP BOARD Ross Cunniff LANDMARK PRESERVATION COMMISSION Susan Gutowsky NATURAL RESOURCES ADVISORY BOARD Julie Pignataro PARKING ADVISORY BOARD Ken Summers PARKS AND RECREATION BOARD Susan Gutowsky PLANNING AND ZONING BOARD Ross Cunniff RETIREMENT COMMITTEE Kristin Stephens SENIOR ADVISORY BOARD Ken Summers TRANSPORTATION BOARD Kristin Stephens WATER BOARD Wade Troxell WOMEN’S COMMISSION Julie Pignataro YOUTH ADVISORY BOARD Kristin Stephens ZONING BOARD OF APPEALS Ross Cunniff Section 4. That the following named Councilmembers are hereby appointed to serve on the following Council Committees: AD HOC DIRECT REPORTS COMPENSATION COMMITTEE Susan Gutowsky Kristin Stephens Wade Troxell COUNCIL ELECTION CODE COMMITTEE Julie Pignataro Ken Summers Wade Troxell Kristin Stephens (Alternate) Packet Pg. 328 -3- COUNCIL ETHICS REVIEW BOARD Julie Pignataro Ken Summers Kristin Stephens Wade Troxell (Alternate) COUNCIL FINANCE COMMITTEE Ross Cunniff Ken Summers Wade Troxell Emily Gorgol (Alternate) COUNCIL FUTURES COMMITTEE Emily Gorgol Julie Pignataro Wade Troxell Kristin Stephens (Alternate) LEGISLATIVE REVIEW COMMITTEE Ross Cunniff Susan Gutowsky Ken Summers Kristin Stephens (Alternate) Section 5. That the role and function of the Alternate appointed to the Council committees in Section 4 are as follows: (a) attend a Committee meeting (if available) at the request of a Committee member who is unable to attend; and (b) attend and participate in a Committee meeting at the request of City staff when a Committee member has become unable to attend and the Committee has time- sensitive matters to consider. Packet Pg. 329 -4- Section 6. That the following named Councilmembers are hereby appointed to serve on the following Council authorities: DOWNTOWN DEVELOPMENT AUTHORITY Susan Gutowsky Ken Summers (Alternate) HOUSING CATALYST Emily Gorgol Section 7. That the following named Councilmembers are hereby appointed to serve as representatives on the following boards, committees and councils: CITY/COLORADO STATE UNIVERSITY LIAISON COMMITTEE COLORADO MUNICIPAL LEAGUE (CML) POLICY COMMITTEE DISASTER COUNCIL (Mayor) Wade Troxell FORFEITED PROPERTY DISPOSITION COMMITTEE (Mayor or designee) Wade Troxell LARIMER COUNTY BEHAVIORAL HEALTH POLICY COUNCIL Susan Gutowsky LIBRARY TRUSTEE SELECTION COMMITTEE Kristin Stephens Julie Pignataro NORTH COLLEGE URBAN RENEWAL AD HOC COMMITTEE Ken Summers Kristin Stephens (Alternate) Packet Pg. 330 -5- NORTH COLLEGE URBAN RENEWAL PLAN CITIZEN ADVISORY GROUP Emily Gorgol NORTH FRONT RANGE METROPOLITAN PLANNING COUNCIL (MPO) Kristin Stephens Wade Troxell (Alternate) NORTH FRONT RANGE WASTESHED POLICY GROUP Wade Troxell Ross Cunniff NORTH I-25 COALITION Kristin Stephens NORTH I-25 COALITION WORKING GROUP: I-25 FUNDING COMMITTEE Kristin Stephens NORTHERN COLORADO AIRPORT COMMITTEE Wade Troxell NORTHERN COLORADO AIRPORT SELECTION COMMITTEE Julie Pignataro Wade Troxell PLATTE RIVER POWER AUTHORITY Wade Troxell Ross Cunniff POUDRE FIRE AUTHORITY BOARD OF DIRECTORS Kristin Stephens Ken Summers POUDRE HERITAGE ALLIANCE Packet Pg. 331 -6- Susan Gutowsky POUDRE SCHOOL DISTRICT LIAISON COMMITTEE Susan Gutowsky Julie Pignataro REGIONAL TRANSPORTATION COORDINATION TASK FORCE POLICY ADVISORY COMMITTEE Kristin Stephens REGIONAL WATER COLLABORATION STEERING COMMITTEE Ross Cunniff Wade Troxell Section 8. That the role and function of the Alternates appointed in Section 6 and Section 7 shall be as described in the governing documents of the relevant body, or if no such description is applicable, shall be to attend and participate in meetings of the relevant body on behalf of the City at the request of and in the place of the assigned Councilmember. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 21st day of May, A.D. 2019. _________________________________ Mayor ATTEST: _____________________________ Chief Deputy City Clerk Packet Pg. 332 Agenda Item 18 Item # 18 Page 1 AGENDA ITEM SUMMARY May 21, 2019 City Council STAFF Carrie Daggett, City Attorney SUBJECT Possible Motion Directing the City Attorney on Next Steps Related to Litigation Regarding the City’s Public Nudity Ordinance. EXECUTIVE SUMMARY The purpose of this item is for Council to provide possible direction to the City Attorney on the next steps she should take related to pending litigation challenging the City’s public nudity ordinance. STAFF RECOMMENDATION The purpose of this item is for Council to provide possible direction to the City Attorney on the next steps she should take related to pending litigation challenging the City’s public nudity ordinance. BACKGROUND / DISCUSSION In October 2015, the City Council adopted Ordinance No. 134, 2015, amending Section 17-142 of the City Code, which addresses public nudity and prohibits toplessness by females in public places, with certain exceptions. The plaintiffs, a group named Free the Nipple - Fort Collins (“FTN”), and two individuals named Brittiany Hoagland and Samantha Six, sued the City in May 2016 challenging Section 17-142 based on claims that it violated the First and Fourteenth Amendments of the U.S. Constitution and the Equal Rights Amendment of the Colorado Constitution. The plaintiffs sought a preliminary injunction against enforcement of Section 17-142 against female toplessness, and District Court Judge Brooke Jackson granted a preliminary injunction based on the Fourteenth Amendment claim in February 2017. He had previously dismissed the First Amendment claim. The City appealed this preliminary injunction decision, and after oral arguments on that appeal in January 2018, the three-judge panel of the U.S. Court of Appeals for the Tenth Circuit issued an order on February 15, 2019, upholding Judge Jackson’s preliminary injunction. The ruling cited that the Equal Protection Clause of the US Constitution prohibits Fort Collins and other governments from restricting toplessness in public by females only. The City may seek review of this decision by the U.S. Supreme Court but must move forward soon in order to do so. This item is intended to give the City Council an opportunity to discuss next steps in the litigation with the City Attorney. If it chooses to give direction, Council will do so through the adoption of a motion. CITY FINANCIAL IMPACTS This litigation is expected to result in further costs to the City regardless of the specific procedural path taken. 18 Packet Pg. 333 City of Fort Collins Page 1 Wade Troxell, Mayor Council Information Center (CIC) Kristin Stephens, District 4, Mayor Pro Tem City Hall West Susan Gutowsky, District 1 300 LaPorte Avenue Julie Pignataro, District 2 Fort Collins, Colorado Ken Summers, District 3 Ross Cunniff, District 5 Cablecast on FCTV Channel 14 Emily Gorgol, District 6 and Channel 881 on the Comcast cable system Carrie Daggett Darin Atteberry Delynn Coldiron City Attorney City Manager City Clerk The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. City Council Work Session May 21, 2019 (After the Council Regular Meeting, which begins at 6:00 p.m.) • CALL TO ORDER. 1. Council Priorities for 2019-2021. (staff: Kelly DiMartino, Tyler Marr; 10 minute staff presentation; 45 minute discussion) The purpose of this item is to discuss and refine the list of Council priorities that were discussed at the May 4, 2019 Council retreat. • OTHER BUSINESS. • ADJOURNMENT. DATE: STAFF: May 21, 2019 Kelly DiMartino, Senior Assistant City Manager Tyler Marr, Senior Project Manager WORK SESSION ITEM City Council SUBJECT FOR DISCUSSION Council Priorities for 2019-2021. EXECUTIVE SUMMARY The purpose of this item is to discuss and refine the list of Council priorities that were discussed at the May 4, 2019 Council retreat. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. Does Council agree with the characterization of the priorities presented? 2. Does Council have any additional clarification to add for priorities prior to a resolution coming forward? BACKGROUND / DISCUSSION Every two years, following a Council election, the newly seated City Council sits for a planning retreat to identify priorities and confirm strategic direction. Priorities are identified for specific focus and action by the organization on items that fit within the broader context of the City’s Vision, Mission, Strategic Plan and ensuring world class service provision 24 hours a day, 365 days a year. Following the April 2, 2019 election, City Council held their retreat over a two-day period on May 3 and 4. Through a process of priority identification and selection, Council emerged with 20 priorities for its 2019-2021 term. Many priorities reflect an enhanced effort of work already ongoing or a continuation of the previous Council’s priorities. Staff has summarized what are believed to be the desired outcomes based on Council discussion at the retreat. Following are the draft priorities and outcome statements: • Affordable and accessible childcare o Continue to identify barriers and needs related to increasing the supply of affordable childcare, looking at a variety of solutions including development incentives and flexibility to ensure that childcare is not a career and lifestyle limiting factor in Fort Collins. • Undergrounding of electric infrastructure (transmission and distribution) o Develop strategy to underground all electric system infrastructure within Fort Collins to improve reliability and community aesthetics, including Platte River’s and other utilities’ transmission lines and the remaining distribution lines owned by Light & Power. • Low income benefits/rebates streamlining and consolidation o Continue to simplify access to and participation in the variety of income-qualified benefits and rebates the City offers. Explore elimination of redundant application and verification requirements as well as potential impacts of setting a single income level which qualifies residents for all programs. • Equity and Inclusion o Implement the usage of an equity lens, including staff and Council training, develop indicators and metrics and consider a resolution regarding anti-discrimination. 1 Packet Pg. 2 May 21, 2019 Page 2 • Optimization of alleys outside of downtown o Develop strategy for identifying, improving, and maximizing the use of alleys outside of the downtown core, to fully utilize their potential and create opportunity through additional public spaces and enable access for accessory dwelling units or affordable housing options. • Equitable participation in culture and recreation programs o Understand current state of participation in cultural and recreation programming and subsequently make adjustments to current practices to improve equitable participation through potentially expanded programming and targeted support. • Mobile home park preservation and resident protections o Develop policies/programs to preserve mobile home parks as a source of affordable housing and enhance resident protections, particularly around issues of utility gouging and eviction. • Neighborhood park refresh/future needs o Complete assessment of current and future needs of neighborhood parks and explore funding options that include private and public partnerships to secure resources for timely refresh of parks. • Reduce plastic pollution o Consider local ordinances, state/federal advocacy, and expand educational efforts to reduce or eliminate plastic pollution in Fort Collins and continue to track advances in treatment technology for reducing or eliminating microplastics from water supplies (drinking, stormwater, wastewater, and instream). • Protect and enhance instream river flows o Continue to improve and protect the ecological condition, aesthetic quality, and resiliency of the Poudre River and its watershed/tributaries. • Improved air quality o Continue to reduce the impacts and prevalence of radon and ozone within the City through regional collaboration, reduction in ground level ozone, and expanded education. Improve understanding of microparticulates (particulate matter 2.5 microns or less in diameter) in Fort Collins and any disparate impacts they may be influencing. • Mitigate impacts of oil and gas encroachment into Growth Management Area o Reduce or eliminate surface impacts of oil and gas production within the growth management areas. Evaluate the impact and needed/desired changes as a result of Senate Bill 181 through a robust public engagement process. • Effective, innovative, and high-performing board o Equip City Council with the resources, training and tools to be a highly effective, innovative, and high-performing governing body. • Reimagine community engagement o Continue to improve community engagement and communication efforts to ensure policy decisions that are informed by representative and inclusive cross section of a community that has clear understanding of issues. • City financial stability o Increase understanding of sales tax leakage and revenue trends to inform revenue diversification, appropriate City fees, and efforts to increase tax generation and revenue diversification within Fort Collins. 1 Packet Pg. 3 May 21, 2019 Page 3 • Reimagine boards and commissions o Better structure the board and commission system to set up success into the future, align with Outcome Areas and allow for integrated perspectives. Explore models that allow for greater use of ad hoc meetings, diverse stakeholders and additional community participation. The remaining priorities need clarification prior to staff beginning to move in specific policy directions. As such, staff is planning to bring the following priorities forward for newly scheduled work sessions to share work to date, gain additional Council input and direction, and explore desired outcomes and possible next steps. These priorities include: • Strategies that create community jobs • Small business plan • Additional Bus Rapid Transit (BRT) corridors • Affordable and achievable housing strategies All of these priorities are outlined in Julia Novak’s retreat summary (Attachment 1), and staff will use this information, as well as Work Session feedback, to populate Council’s Priority Dashboard. The Dashboard will highlight intended outcomes and initial action steps when Council receives the first version in late June or early July. For those priorities with clarifying work sessions needed, the intended outcomes will likely evolve over time as the Council provides specific direction on each one. ATTACHMENTS 1. Julia Novak Summary of Council Retreat (PDF) 2. Previous Council Priorities Dashboard, March 2019 (PDF) 3. Powerpoint presentation (PDF) 1 Packet Pg. 4 City of Fort Collins, Colorado 2019 Retreat May 3 & 4, 2019 ATTACHMENT 1 1.1 Packet Pg. 5 Attachment: Julia Novak Summary of Council Retreat (8008 : Council Priorities) City of Fort Collins, Colorado Page 1 2019 Retreat Report The Novak Consulting Group Strengthening organizations from the inside out. On May 3 and 4, 2019, the Fort Collins Mayor and Council held a retreat to establish a foundation for effective governance and identify priorities for the next 12 to 24 months. The retreat was facilitated by The Novak Consulting Group. Day One The first day of the retreat included the Mayor, Mayor Pro Tem, City Councilmembers, City Manager, City Attorney, and Municipal Judge. The Mayor started the retreat by sharing his excitement for this City Council and the work they can do over the next two years. He shared congratulations to three new City Councilmembers and the Mayor Pro Tem. Today is to learn about where one another is coming from and how we work with City staff. There is an opportunity to share hopes and expectations and, ultimately, to hold one another accountable. The better the Council works together, the better the community will be served. The City Council is unique – we work together through City staff. We get together weekly, and we work together like a family. The Mayor shared that the term “High Performing Community – for all” is his term and the question is, at the end of the day, how can we make this community better – for all? How can the Council be a high performing governing body – come together and accentuate the talents of one another to better serve the community? At the end of the Council experience, hopefully, we have all gained knowledge and experience and, hopefully, it develops us as individuals professionally. A high performing board works together and individually. How can talents be tapped? We can have a high performing government. Darin talks about how nobody believes government can be high performing, but we can in Fort Collins. That is why we are here. Setting the Stage and Introductions The group then introduced themselves and shared expectations that they had for the retreat for both Friday evening and Saturday: • Come together as a Council – appreciate, understand, make a commitment to one another • Develop shared priorities • Begin the process of alignment between the City Plan – Strategic Plan and Council Priorities • Get to know each other and what is important • What do we have in common? • Eager to serve with colleagues – camaraderie • A better understanding of the backgrounds, gifts, and interests • Stay away from “tried it before;” open to looking again, challenge assumptions • Focus on the how • Be willing to question why we do things • Kick off our working relationship • Shared expectations of how we build consensus • Post-election learning – what you hear when knocking on doors • Clarity – intentionally align resources around resources • Appreciate that leadership can be lonely • Visibility and appreciation for our 24x7x365 services the City provides • Hear Council discussion – understand your interests • Understand the limited resources we have • Help one another stay balanced • Do we need to stop doing something? 1.1 Packet Pg. 6 Attachment: Julia Novak Summary of Council Retreat (8008 : Council Priorities) City of Fort Collins, Colorado Page 2 2019 Retreat Report The Novak Consulting Group Strengthening organizations from the inside out. High Performing Government – for All The Council explored four questions relating to what it means to have a High Performing Government – for All: • What does it mean for City Government to be High Performing? • What would it look like for the City to be led by a City Council committed to high performing governance? • What are the characteristics of a high performing community – FOR ALL? • What should the City Council do to ensure it provides high performing governance? What does it mean for City Government to be High Performing? What would it look like for the City to be led by a City Council committed to high performing GOVERNANCE? Characteristics of a high performing community – FOR ALL What should the City Council DO to ensure it provides high performing governance? • Accountability – to everyone • SAR Process – responsive to resident questions • Clear in communication – multiple audiences, market segmentation • Always learning and being curious • High functioning is a prerequisite to high performance • Data-driven (informed) innovation – looking at things from a new perspective and able to address wicked problems • Efficiency and ROI • No games to halt progress • Outcome focused • Focused on what we can do for our community • We are committed City of Fort Collins, Colorado Page 3 2019 Retreat Report The Novak Consulting Group Strengthening organizations from the inside out. What does it mean for City Government to be High Performing? What would it look like for the City to be led by a City Council committed to high performing GOVERNANCE? Characteristics of a high performing community – FOR ALL What should the City Council DO to ensure it provides high performing governance? • Focused on being attractive to future talent • Demonstrate progress • Deep, authentic, engagement with the community • No silos within or outside – develop durable partnerships in all sectors The Ideal Member of the Governing Body The Mayor and Council were asked to consider what makes an “ideal member of the Governing Body” from three perspectives: • What is the public looking for in a Mayor or City Councilmember? • What is staff looking for from the Mayor and City Council? • What are their council colleagues looking for in other members of the governing body? 1.1 Packet Pg. 8 Attachment: Julia Novak Summary of Council Retreat (8008 : Council Priorities) City of Fort Collins, Colorado Page 4 2019 Retreat Report The Novak Consulting Group Strengthening organizations from the inside out. 1.1 Packet Pg. 9 Attachment: Julia Novak Summary of Council Retreat (8008 : Council Priorities) City of Fort Collins, Colorado Page 5 2019 Retreat Report The Novak Consulting Group Strengthening organizations from the inside out. Public Staff Council • Honest • Empathetic (x2) • Trust o Trusting • Listens o Listens to all sides o Listens actively o Active listener • Persistent • Patient • Decisive • Thick skinned • Grateful • Accountable • Lean into public concerns • Less agendas, more curiosity • Less policy solutions, more “What’s the problem?” • Advocate • Courageous • Ethical • Out in the community • Leader • Can do attitude • Transparent • Available (x2) • Do what I want • Responsive (x3) • Explains positions • Communicates effectively • Engages with everyone • Compassionate • Openness • Open minded • Authentic • Sensitive • Caring • Work through the City Manager • Available • Humorous • Respectful (x3) • Respectful of experience and knowledge • Informed • Direct • Efficient • Honesty • Appreciate competence • Patient • Empowers Staff • Prescient • Not overreaching • Doesn’t cause extra work City of Fort Collins, Colorado Page 6 2019 Retreat Report The Novak Consulting Group Strengthening organizations from the inside out. Council Assignments Council reviewed opportunities to serve as liaisons to Boards and Commissions. That information was discussed on Day 1, and a summary of interest was provided on Day 2. The Council made some decisions and will have further discussions as the official liaison and committee assignments are brought back for adoption. The following items were discussed. Board and Commission Assignments • The Mayor agreed to be the interview partner for Landmark Preservation Commission and Parks and Recreation Board rather than being the liaison. • Emily agreed to be the interview partner for Planning and Zoning. • Julie will talk with Ken about the Women’s Commission. • Susan will talk to Ken about the Senior Advisory Board. • Emily will talk to Ken about the Commission on Disability. • Emily will be alternate for Finance Committee. • Kristin agreed to be the alternate for the Legislative Review Board Other Organization Assignments • City/CSU Leadership Committee will be determined later. • The Mayor will remain on the Forfeited Property Disposition Committee. • Larimer County Behavioral Health Policy Council will be determined later. • North College Urban Renewal Ad Hoc Committee – Kristin will be the Alternate. • North College Urban Renewal Plan CAG will be Emily. • North College MPO will be determined later. • The Mayor will do North I-25 Coalition. • Ross will join the Regional Water Collaboration Steering Committee. Closing Comments Each person shared a final word that summed up how they felt about the first evening of the retreat. 1.1 Packet Pg. 11 Attachment: Julia Novak Summary of Council Retreat (8008 : Council Priorities) City of Fort Collins, Colorado Page 7 2019 Retreat Report The Novak Consulting Group Strengthening organizations from the inside out. Day Two On the second day, the Executive Leadership Team joined the group. The Mayor kicked off the meeting with some opening remarks then shared highlights from the evening's discussion about a high performing Council for all, a high performing City Council, and a high performing government. The conversation was exciting, positive, and forward moving for this City Council. A great Council will drive great governance for our community. Setting the Stage and Introductions The Executive Leadership Team (ELT) was invited to share their expectations for the day. Those present on Friday were asked to share a reflection about what was important to them about the conversation during that part of the retreat. Expectations • Absorb and learn • Get to know the new Council • Teach about Poudre Fire Authority and how we interact with the City • Understand new Council Priorities • Begin establishing relationships between the Council and ELT • Listen and learn – where do we go? • Listen, learn – understand how to deliver on Council priorities • Learn what people are looking for from a strategic perspective • Cliché Clarification, i.e. what is “City as a Platform?” • Clarity is your friend • Continue to come together as a Council • Long term rhythms 30-50-100 years • Listen and learn – align our staff around your priorities • Be present – listen deeply – learn and adapt • Coalesce as a legislative and executive team • Clarity of flow into our leadership system • Curiosity – Clarity Reflections • New Council is excited and open • Robust conversation and feedback • Enjoyed getting to know Council at a personal level • Genuine interest in what it could mean to be high performing Council • New Council – BE CONFIDENT AND BRING YOUR GAME • Sense of anticipation and energy – eager to dig in and do the work • TEAM – we are in it together – Co-Creation! • Don’t be satisfied with average! • Set clear goals and expectations for staff • Open – easy to talk through; we left on the same page • Challenge assumptions • We want to be an effective and innovative governing body • Encouraging – will bring their best selves to the game • Cathartic – refreshing to see how we want to work together 1.1 Packet Pg. 12 Attachment: Julia Novak Summary of Council Retreat (8008 : Council Priorities) City of Fort Collins, Colorado Page 8 2019 Retreat Report The Novak Consulting Group Strengthening organizations from the inside out. Reviewing the Framework The City Manager introduced the Strategic Plan and the organization's commitment to being accountable to the Mayor and Council for accomplishing their shared priorities. The intent is to accomplish the priorities in the two years this Council has to govern together. Darin shared a drawing that depicted how the organization has evolved from responding as if everything is a priority to a place that understands what makes Fort Collins so special. Being responsive to everything stimulated a desire to be more strategic and develop a framework and a sense of priority for the organization. The Baldrige Framework moved the City into a framework of being aligned and heading in the same direction. Then the framework evolved to point toward the Vision – that clarity of Vision drives the organization. Fort Collins has become strategic, and this meeting is an important part of the rhythm of how things fit for the next two years. 1. The Election – Who is our Board of Directors? 2. Intentionally Onboard the Council – basics and logistics, an overview of services, tours of various City facilities, then three specific hats the Council will wear. i. General City ii. Urban Renewal Authority iii. Broadband 3. Two-Year Priorities. 4. Fall – Five-Year Strategic Plan Update – How do the first two years feed into the Strategic Plan and re-adoption of the plan? 5. Spring (for Staff) and Summer and Fall (Council) two-year budget cycle. Putting money to the priorities. Adopt the Budget. 6. Develop Annual Workplans. 7. Execution – operationalize the strategic plan. The City lives a cycle of Plan – Do – Check – Act. It is a continuous improvement cycle. The two-year cadence is very intentional. Staff is here today to be “all ears” and listen to your priorities, and we are also professionals here to resource and support you! 1.1 Packet Pg. 13 Attachment: Julia Novak Summary of Council Retreat (8008 : Council Priorities) City of Fort Collins, Colorado Page 9 2019 Retreat Report The Novak Consulting Group Strengthening organizations from the inside out. Strategic Outcome Areas The Seven Strategic Outcome Areas have evolved over the last 10-12 years. The Two-Year Budget is framed around the Outcome Areas (buckets). Over the years, the Council has tweaked and adjusted the framework to reflect emerging priorities and provide further focus for the organization. The Council considered the current framework and made adjustments: • Economic Health • Transportation and Mobility o Mobility and Transportation Systems: Fort Collins provides safe, sustainable, convenient and reliable multi-modal travel to, from, and throughout the City. • Safe Community • Neighborhood Livability and Social Health o Healthy Communities: Fort Collins plans for a high-quality built environment, supports quality, diverse neighborhoods, and fosters the social health of the community. • Culture and Recreation o Vibrant Community: Fort Collins celebrates our heritage and provides diverse arts, culture, and recreation opportunities. • Environmental Health • High Performing Government Individual Initiatives Councilmembers shared their individual priorities that were organized by Strategic Outcome Area. The Council was then provided 19 “dots” to use to identify their personal priorities, so we could gauge the energy of the full Council. The initial list of individual initiatives are below with the number of dots received noted in parenthesis. Strategic Outcome Area Individual Initiatives Economic Health • Workforce Support and Development (6) o City workforce Commission – City partner with PSD to create internships that lead to jobs • Affordable, Accessible Childcare (5) • Reviving small business development process (5) • 100% electric distribution underground (last 1% and high voltage lines PRPA) (4) • Sales tax revenue enhancement strategies (2) • Electric distribution grid more resilient for the integration of DG, RE, EV, DERMS at Neighborhood Level (2) • Economic Development Plan (2) • BHAG Business/Technology for Engagement/Partnership – talent, wealth generation for all (1) • Refine and Review Economic Development Strategies (1) • Innovation and Economic Prosperity partnership with CSU/BIZ (1) • Quarterly economic reports and updates (1) • Smart cities and broadband integration (1) • Refine Metro District Policies 1.1 Packet Pg. 14 Attachment: Julia Novak Summary of Council Retreat (8008 : Council Priorities) City of Fort Collins, Colorado Page 10 2019 Retreat Report The Novak Consulting Group Strengthening organizations from the inside out. Strategic Outcome Area Individual Initiatives Mobility and Transportation Systems • BRT (5) o Max #2 East-West o North College BRT • Encouraging Transfort use (understanding barriers to use (5) • New terminal at Northern Colorado Regional Airport (2) • Air hub service at FNL/NoCo RA (1) • Earlier adopters AVs/EVs/UAVs Innovation Mobility (1) • Transportation for seniors and low income – vans, buses for those who can’t access Transfort Safe Community • Homeless Misbehavior – threats to residents, fights, more residents need to feel safe (2) • Look at misdemeanor offenses for trail infractions Healthy Communities • Affordable Housing (5) o Land bank, land trust, mobile home park preservation o Increase the resources for affordable housing o Reviewing the development process for affordable housing o Reevaluate the City down payment assistance program o Down payment loans, using current stock, deed restrictions, more aggressive approach • Mobile Home Communities (5) o Utility price gouging – quality of life standards o Trailer Park as landowners – eliminate displacement and provide security o Preserving mobile home communities and protecting residents • Streamline low-income rebates/access (4) • Diversity, Equity, and Inclusion (4) o View policies and plans through this lens – CEDAW Resolution, elimination of discrimination • Improve Alleyways – pave and maintain (3) • Revisit U+2 (2) o Right size U+2 to include neighborhood improvement and affordable housing • Mulberry Avenue Gateway Plan I-25 to Leman (2) • Transitional Housing/Prevention Homelessness (2) • Resolution for Medicare for all • Regional collaborative for affordable housing • Livability standards – transportation, housing cost, average salary, etc. • 5G Issues and Impact Mitigation Vibrant Community • Diversity of culture and recreation opportunities (5) • Refresh old parks – make them the hub of the neighborhoods again (by Laurel Elementary) (4) • Arts and Culture Plan adoption and support • Art as an economic driver strategy – night time economy, music (1) 1.1 Packet Pg. 15 Attachment: Julia Novak Summary of Council Retreat (8008 : Council Priorities) City of Fort Collins, Colorado Page 11 2019 Retreat Report The Novak Consulting Group Strengthening organizations from the inside out. Strategic Outcome Area Individual Initiatives • Sustainable parkways and medians (1) • Include private cultural entities in City planning – recognize symphony, opera, MoA Gallery Walk, etc. (1) • FoCo Tree Canopy Environment • Cultural Resource integration – telling FoCo story Environmental Health • Plastics (4) o Reduce single-use plastic pollution o Single-use plastic bags – charge? Tax? o Plastic bag/straws • River health (4) o Further improve river/stream health o Poudre River Health o Maintain flows and purity of Poudre River • Air quality issues (4) • Regulations to protect FC from the encroachment of gas/oil (4) • Climate Action Plan – more buy-in from the community, more community solar (2) • Continue to expand open space/natural area inventory (while there is still time) High Performing Government • Professional development opportunities for Council (5) • Reimagine community engagement (5) o Focused roundtable information sessions • Board and Commission Evaluation and Modification (5) o Board/Commission Redo to align with outcomes and use more ad hoc • Continue to improve City financial sustainability (4) • Regionalism for local solutions (2) o Robust City/County Engagement and partnership – FNL, Waste, Health • Baldrige 2.0 – Community organizations, Council, FoCo Govt (1) • New City Hall Complex/Campus (1) • Why did 40% vote for the Council pay question (1) • More effective utilization of Ch. 14 1.1 Packet Pg. 16 Attachment: Julia Novak Summary of Council Retreat (8008 : Council Priorities) City of Fort Collins, Colorado Page 12 2019 Retreat Report The Novak Consulting Group Strengthening organizations from the inside out. Council Priorities There were 11 items with five or more dots; nine with four dots and one with three dots that the Council agreed should move forward as Council priorities. Items with five or more dots will be called Top Priorities, four dots are High Priorities, and three dots are Other. Council then worked in small groups to refine the initiative and define success. Some items were combined when the groups worked together. The final initiatives presented by the groups are captured below and included as an attachment to this report. Staff will work to refine the Council work plan further and bring the priorities back to the Council for adoption. Strategic Outcome Area Priority Council Priority Success Economic Health Top Priority EH-1: Create Strategies that lead to jobs for the community. • Outcomes partnerships PSD and FRCC • Identify incentives • City lead by example • Internships • Job placement to fill high demand areas Top Priority EH-2: Accessible, affordable childcare for all. • Increase capacity • Identify true need – barriers to childcare; define what the childcare needs are that exist in the community • Fee waivers to incent scholarships • Rebates for development fees for child care centers • More flexible development standards • Childcare no longer a career and lifestyle limiter • Reduce barriers to entry Top Priority EH-3: Executable plan to support small business. • The same level of support as primary/key accounts • Development/licensing navigation • Identify needs and gaps • Resource awareness and education • Referrals to partners like Innosphere and SBDC High Priority EH-4: 100% Electric Distribution underground (Last 1% and High Voltage Lines (PRPA). • Do as part of Connexion • Work with PRPA • Develop a phasing plan • Underground replacement strategy 1.1 City of Fort Collins, Colorado Page 13 2019 Retreat Report The Novak Consulting Group Strengthening organizations from the inside out. Strategic Outcome Area Priority Council Priority Success Mobility and Transportation Systems Top Priority MT-1: Explore additional Bus Rapid Transit (BRT) Corridors and revisit transit priorities. • Pursue transit priorities • Pursue Federal Funding • Mobility gap identification • Identify barriers to use and increase ridership Healthy Communities Top Priority HC-1: Have staff explore the following options for affordable and achievable housing and bring them back to Council. • Purchase and deed restriction • Impact fees • Regional partnerships • Work with partners (CSU, land trusts, etc.) • Down payment assistance • Inclusionary zoning • Land bank strategy • Other best practices • Better align housing inventory with our residents’ income levels • Mid-year budget offer on impact fee study • Work session to inform Council on what is being worked on already Top Priority HC-2: Develop policies to preserve mobile home parks (zoning, right of purchase, purchasing the redevelopment areas encroaching on locations, etc.). • Develop policies and present them to Council Top Priority HC-3: Quality of Life Issues in Mobile Home Communities – Protect residents of mobile home parks; utility gouging; work with eviction and mediation. • High Priority HC-4: Provide an update to Council on what is happening to streamline low-income benefits. Look at best practices and City of Fort Collins, Colorado Page 14 2019 Retreat Report The Novak Consulting Group Strengthening organizations from the inside out. Strategic Outcome Area Priority Council Priority Success Other Priority HC-5: Develop a plan for opportunities for improved alleys outside of downtown area – placemaking, front door, access (ADU, granny flat, etc.). • Full utilization and potential of alley public space Vibrant Community Top Priority VC-1: Understand the current state regarding equitable participation in City recreation programs. Address gaps through specific programs or support. Develop opportunities that appeal to diverse populations. Develop metrics and desired state. • Equitable participation in City cultural and recreational programs High Priority VC-1: Complete assessment of current and future needs for refreshing neighborhood parks. Develop funding options including public and private partnerships. • Plan with timeline, scope, and metrics for neighborhood park updates Environmental Health High Priority EH-1: Implement local ordinances to programs to address plastics under City authority. Explore state and federal legislative advocacy. Educate the community about plastic pollution – how to reduce. • Reduce plastic pollution • Eliminate microplastics in drinking water and plastics in watersheds and other environmental areas High Priority EH-2: Programs to protect and enhance in stream flow. Assess and monitor current efforts on stream restoration. Reduce the impact of municipal runoff. • Improved ecological and aesthetic quality, along with City of Fort Collins, Colorado Page 15 2019 Retreat Report The Novak Consulting Group Strengthening organizations from the inside out. Strategic Outcome Area Priority Council Priority Success High Priority EH-4: Evaluate SB181 and implications to Fort Collins. Robust public engagement around potential regulatory options. • Reduce or eliminate surface impacts of oil and gas within the GMA High Performing Government Top Priority HP-1: Professional Development for Councilmembers – assess the needs and interest of Councilmembers. Identify areas of overlap where staff and Council would share mutual benefit. Evaluate best practices. Develop and fund a plan. • Councilmembers equipped at being a highly effective and innovative board Top Priority HP-2: Improve Public Engagement – assess barriers to participation in existing outreach strategies. Measure the impact of our effort and fill the gaps as appropriate. Identify opportunities to flip the model of community engagement to where they are and on their time. • Policy decisions are informed by representative and inclusive cross-section of community opinion • City Communications accurately understood by all Top Priority HP-3: Reimagine the Board and Commission program. • Align with council priorities and strategic plan outcome areas • Shorter terms/term limits • Greater use of Ad Hoc vs. permanent commissions • Meet as needed • Incorporate more and different voices • Diversity and expand participation • Consider engagement “where they are” strategies High Priority HP-4: Continue to improve City City of Fort Collins, Colorado Page 16 2019 Retreat Report The Novak Consulting Group Strengthening organizations from the inside out. Closing 1.1 Packet Pg. 21 Attachment: Julia Novak Summary of Council Retreat (8008 : Council Priorities) City of Fort Collins, Colorado Page 17 2019 Retreat Report The Novak Consulting Group Strengthening organizations from the inside out. Attachment A: 2019-2021 Fort Collins City Council Priorities Economic Health EH-1: Create Strategies that lead to jobs for the community. EH-2: Accessible, affordable childcare for all. EH-3: Executable plan to support small business. EH-4: 100% Electric Distribution underground (Last 1% and High Voltage Lines (PRPA). Mobility and Transportation Systems MT-1: Explore additional Bus Rapid Transit (BRT) Corridors and revisit transit priorities. Healthy Communities HC-1: Have staff explore the following options for affordable and achievable housing and bring them back to Council. • Purchase and deed restriction • Impact fees • Regional partnerships • Work with partners (CSU, land trusts, etc.) • Down payment assistance • Inclusionary zoning • Land bank strategy • Other best practices HC-2: Develop policies to preserve mobile home parks (zoning, right of purchase, purchasing the redevelopment areas encroaching on locations, etc.). HC-3: Quality of Life Issues in Mobile Home Communities – Protect residents of mobile home parks; utility gouging; work with eviction and mediation. HC-4: Provide an update to Council on what is happening to streamline low-income benefits. Look at best practices and coordinate with other organizations. HC-5: Adopt an equity lens tool for past and future decision-making including hiring, boards and commissions, community engagement, budgeting, etc. and consider the CEDAW Resolution as part of the Equity Lens. HC-5: Develop a plan for opportunities for improved alleys outside of downtown area – placemaking, front door, access (ADU, granny flat, etc.). Vibrant Community VC-1: Understand the current state regarding equitable participation in City recreation programs. Address gaps through specific programs or support. Develop opportunities that appeal to diverse populations. Develop metrics and desired state. VC-1: Complete assessment of current and future needs for refreshing neighborhood parks. Develop funding options including public and private partnerships. 1.1 Packet Pg. 22 Attachment: Julia Novak Summary of Council Retreat (8008 : Council Priorities) City of Fort Collins, Colorado Page 18 2019 Retreat Report The Novak Consulting Group Strengthening organizations from the inside out. Environmental Health EH-1: Implement local ordinances to programs to address plastics under City authority. Explore state and federal legislative advocacy. Educate the community about plastic pollution – how to reduce. EH-2: Programs to protect and enhance in stream flow. Assess and monitor current efforts on stream restoration. Reduce the impact of municipal runoff. EH-3: Air Quality – Local, state, and federal advocacy. Evaluate radon working group recommendations. Pursue further reductions of City ozone precursors. Expand community programs for ozone. Conduct assessment of the microparticulate impact on disparate groups. EH-4: Evaluate SB181 and implications to Fort Collins. Robust public engagement around potential regulatory options. High Performing Government HP-1: Professional Development for Councilmembers – assess the needs and interest of Councilmembers. Identify areas of overlap where staff and Council would share mutual benefit. Evaluate best practices. Develop and fund a plan. HP-2: Improve Public Engagement – assess barriers to participation in existing outreach strategies. Measure the impact of our effort and fill the gaps as appropriate. Identify opportunities to flip the model of community engagement to where they are and on their time. HP-3: Reimagine the Board and Commission program. HP-4: Continue to improve City Financial Sustainability. 1.1 Packet Pg. 23 Attachment: Julia Novak Summary of Council Retreat (8008 : Council Priorities) Page 1 of 15 PROGRESS KEY 25% 50% 75% 100% March, 2019 CITY COUNCIL INITIATIVE DASHBOARD The purpose of this dashboard is to track the progress of priorities established during the May 2017 Council retreat. It will be updated quarterly and included in packets to guide the scheduling of items on the 6-month planning calendar. End of Council Term Update – As of March 18, 2019 PROGRESS COUNCIL RETREAT PRIORITY PURPOSE AND OUTCOMES SERVICE AREA ACTION PLAN ECONOMIC HEALTH ECONOMIC HEALTH FOCUS - Strategic Thinking about Fees Purpose: Improve community understanding of why we have fees, how they are used, how they are calculated, and what alternatives to fees exist Outcomes: • Be more strategic with fees • Work team position paper • Less contention on how/when fees are updated, inputs to be included, ultimate fee recommendations Financial Services Next Council Action: None – 2018 actions complete Other Info: • 2019 planned efforts a. Step 3 of CEFs b. Development Review Fees c. Wet Utility Fees ECONOMIC HEALTH FOCUS - Business Retention & Expansion (BRE) Purpose: Enhance the ability of businesses to succeed Outcomes: • Engage with the business community to understand current barriers and challenges to success • Identify and coordinate resources that support existing businesses in the city Maintain a mix of land uses that support the retention and expansion of businesses Sustainability Services Next Council Action: No regular meetings or work sessions scheduled at this time Other Info: • Minority Owned Business Listening Session – Completed (Great Page 2 of 15 PROGRESS KEY 25% 50% 75% 100% March, 2019 CITY COUNCIL INITIATIVE DASHBOARD PROGRESS COUNCIL RETREAT PRIORITY PURPOSE AND OUTCOMES SERVICE AREA ACTION PLAN ECONOMIC HEALTH FOCUS - Workforce Purpose: Address employer talent needs and diversify employment opportunities for residents Outcomes: • Close the skills gap and increase career pathways in the community • Create alignment between employers, partners, and educational institutions regarding current and future workforce needs Strengthen systems for regional collaboration - specifically related to workforce Sustainability Services Next Council Action: No regular meetings or work sessions scheduled at this time Other Info: • Working with Fort Collins Area Chamber to support: Talent Ambassador Program and other implementation steps • Talent 2.0 Website to go live in Q1 2019 CONNECTED SMART CITY - Innovation / City as a platform Purpose: Encourage an economic ecosystem that fosters the development of new and creative industry Outcomes: • Retain, develop, and recruit entrepreneurs and cutting-edge companies • Develop and support infrastructure that encourages entrepreneurism and innovation • Enhance economic diversification by supporting industry clusters Sustainability Services Next Council Action: No regular meetings or work sessions scheduled at this time Other Info: Page 3 of 15 PROGRESS KEY 25% 50% 75% 100% March, 2019 CITY COUNCIL INITIATIVE DASHBOARD PROGRESS COUNCIL RETREAT PRIORITY PURPOSE AND OUTCOMES SERVICE AREA ACTION PLAN CONNECTED SMART CITY - Broadband Purpose: Encourage the development of reliable, high speed internet services throughout the community Outcomes: • Fiber to the Premise to enable high speed symmetrical service to all premises within the GMA Broadband Next Council Action: No regular meetings or work sessions scheduled at this time Other Info: • Contracts in place for CIS/OSS, Electronics, Design & Construction. • Teams launched in Aug for the CIS/OSS implementation. • Design Electronics work began in Sep 2018. • Hiring of internal staff for both Network, Outside Plant and MDU/Business Sales is in progress. • Jan 2019 start design/build of neighborhood fiber. • Social media accounts launched in February – Facebook & Twitter • Marketing Strategy in development. CONNECTED SMART CITY - Smart City Technology and Infrastructure Purpose: Foster a data rich environment in the City that allows for the following outcomes Outcomes: • Increase the use of data for real time infrastructure monitoring • Increase access to City data sets for cocreation possibilities • Partner with other governments and business to address challenges Information and Employee Page 4 of 15 PROGRESS KEY 25% 50% 75% 100% March, 2019 CITY COUNCIL INITIATIVE DASHBOARD PROGRESS COUNCIL RETREAT PRIORITY PURPOSE AND OUTCOMES SERVICE AREA ACTION PLAN SMALL BUSINESS VISIBILITY Purpose: Increase visibility of small and medium sized businesses (SMEs) within the community Outcomes: • Raise awareness of the benefits of supporting small businesses and the local economy • Support the development of emerging industries and clusters • Understand the barriers to success faced by small businesses Sustainability Services Next Council Action: No regular meetings or work sessions scheduled at this time Other Info: • Continue support of the Larimer County Small Business Development Center ($40,000 annually) • Working with Downtown Business Association and area businesses to increase access to Sales Tax Data • Sharing the results of the Small Business Needs Assessment Survey with internal and external partners ENVIRONMENTAL HEALTH CITY OF FORT COLLINS UTILITIES AND WOODWARD INC. WASTE TO ENERGY PROJECT Purpose: Partnership with other city departments and Woodward to design, procure, construct, and operate 2 Co-Gen units and 1 gas conditioning system. Once operational the infrastructure will enable the Drake Water Reclamation Facility to convert biogas generated from Anaerobic Digestion to beneficial on-site use for heat and energy needs Outcomes: • Reduce the GHG emissions related to anaerobic digestion and current flaring Page 5 of 15 PROGRESS KEY 25% 50% 75% 100% March, 2019 CITY COUNCIL INITIATIVE DASHBOARD PROGRESS COUNCIL RETREAT PRIORITY PURPOSE AND OUTCOMES SERVICE AREA ACTION PLAN PRESCRIPTION DRUG TAKEBACK PROGRAM Purpose: Provide opportunities to safely dispose of prescription and over-the- counter-drugs Outcomes: • Explore partnership with UC Health • Protect water quality by avoiding dumping Reduce presence of expired/unneeded prescription and over-the-counter drugs Police Services/ City Manager’s Office / Utilities Next Council Action: No regular meetings or work sessions scheduled at this time Other Info: • Daily drop-off location continues at FCPS • 2nd 2018 event held on October 27 collected 208 pounds of drugs • Total between kiosk and event equaled 1432 pounds of drugs collected • The next takeback event is scheduled for April 27, 2019 PLATTE RIVER POWER AUTHORITY AND FORT COLLINS UTILITIES ENERGY FUTURES – Customer Requests for 100% Renewable Energy Purpose: Offer customers the ability to procure 100% renewable portfolio options that Fort Collins Utilities can deliver with our generation provider Platte River Power Authority Outcomes: • Create options for customers who want to have 100% renewable energy delivery Utilities Next Council Action: Update will be provided with the Page 6 of 15 PROGRESS KEY 25% 50% 75% 100% March, 2019 CITY COUNCIL INITIATIVE DASHBOARD PROGRESS COUNCIL RETREAT PRIORITY PURPOSE AND OUTCOMES SERVICE AREA ACTION PLAN PLATTE RIVER POWER AUTHORITY AND FORT COLLINS UTILITIES ENERGY FUTURES - Integrated Resource Plan Purpose: Coordinate with Platte River Power Authority the transition to generation that meets the Climate Action Plan goals Outcomes: • Achieve the City’s 2020 climate action goals identified in 2020, 2030 and 2050 Ensure key shareholders and public are engaged Utilities Next Council Action: Update will be provided with the Climate Action Plan update scheduled at the June 25 Work Session Other Info: • Platte River plans to complete their IRP in 2020 one year ahead of the regularly scheduled due date of 2021 • Platte River will seek approval from Western Area Power Authority (WAPA) for an out-of cadence IRP submission • Platte River hosted public meeting October 25 to kick- off the IRP process for public engagement with Utilities staff • Staff is coordinating with Platte River on a range of sub-tasks, such as the demand side management potential study. AIR QUALITY ISSUES - Radon Purpose: Protect human health Outcomes: • Increase mitigation of high radon levels Sustainability Services Page 7 of 15 PROGRESS KEY 25% 50% 75% 100% March, 2019 CITY COUNCIL INITIATIVE DASHBOARD PROGRESS COUNCIL RETREAT PRIORITY PURPOSE AND OUTCOMES SERVICE AREA ACTION PLAN AIR QUALITY ISSUES – Outdoor Burning Purpose: Protect human health and reduce nuisance from outdoor wood smoke Outcomes: • Implement Council direction regarding residential outdoor burning Sustainability Services Next Council Action: March 19th Council Session scheduled for final consideration of: • Nuisance Code updates • Appropriation of resources for implementation and enforcement Other Info: • Received Council support for public engagement plan in February 2018 • Policy research and public engagement was conducted in 2018 • Received Council feedback to update nuisance code at February 2019 Work Session Ongoing AIR QUALITY ISSUES - Ozone Purpose: Protect human and environmental health by reducing ozone precursor emissions Outcomes: • Reduce ozone precursor emissions • Lead by example in reducing ozone precursor emission from lawn and garden equipment and other sources Sustainability Services Next Council Action: No regular meetings or work sessions scheduled at this time Other Info: • Update Air Quality Plan in 2018/2019, including Page 8 of 15 PROGRESS KEY 25% 50% 75% 100% March, 2019 CITY COUNCIL INITIATIVE DASHBOARD PROGRESS COUNCIL RETREAT PRIORITY PURPOSE AND OUTCOMES SERVICE AREA ACTION PLAN CONTINUED PROGRESS ON CLIMATE ACTION PLAN Purpose: Leverage efficiency and innovation to accelerate the transition to a clean energy economy and protect Fort Collins’ quality of life and climate. Outcomes: • Achieve the City’s 2020 climate action goal (20% below 2005) and long-term (2050) carbon neutrality goals. Increased community (business, resident, and academic) engagement in achieving the goals. Sustainability Services Next Council Action: Climate Action Plan update scheduled for June 25 Work Session Other Info: • 2019-2020 will focus on Climate Action Plan update; plan update will be in partnership with the Energy Policy and Road to Zero Waste update and incorporate mitigation, resilience/adaptation and equity lenses. • Currently conducting outreach to develop the plan’s scope. • Will launch 2019 messaging campaign at Earth Day, April 22. SAFE COMMUNITY EXPAND COMMUNITY POLICING Purpose: Expand Community Policing to increase public safety and public trust outcomes Outcomes: Open and operationalize a collaborative, shared space to be used by City and CSU departments Police Services Page 9 of 15 PROGRESS KEY 25% 50% 75% 100% March, 2019 CITY COUNCIL INITIATIVE DASHBOARD PROGRESS COUNCIL RETREAT PRIORITY PURPOSE AND OUTCOMES SERVICE AREA ACTION PLAN Ongoing COMMUNITY TRUST IN POLICING POLICY (COMMUNITY TRUST INITIATIVE) Purpose: Gather information and conduct analysis of community-proposed Community Trust Ordinance Outcomes: • Review of proposed Community Trust Ordinance • Review of existing policies • Historical review and comparison • Difference between a Sanctuary City designation and proposed Community Trust Ordinance • Other city research • Options for modifications of existing City policies or laws • Process to report policy violations • Community outreach process/plan Sustainability Services/ Police Services Next Council Action: No regular meetings or work sessions scheduled at this time Other Info: • Community Trust Stakeholder Group concluded regular meetings. Met with new Police Chief in Sept. 2018 • Report provided to Council in late May 2018, detailing work to date, stakeholder views, and planned or continuing staff actions • Established police- community group for cooperative discussion - training events • Partnering with City Service Areas and NGO’s to align missions and focus efforts with homeless/transient populations • Police recruiters continue to attend La Familia cookouts • Most relevant police policies Page 10 of 15 PROGRESS KEY 25% 50% 75% 100% March, 2019 CITY COUNCIL INITIATIVE DASHBOARD PROGRESS COUNCIL RETREAT PRIORITY PURPOSE AND OUTCOMES SERVICE AREA ACTION PLAN RESIDENTIAL PARKING PERMIT PROGRAM AND CSU PARKING IMPACTS Purpose: Review and amend existing RP3 program Outcomes: • Ensure program is being implemented as intended Planning, Development, and Transportation Next Council Action: No regular meetings or work sessions scheduled at this time Other Info: • Staff recommended a new fee policy regarding nonresidential RP3 permits primarily for schools and some existing businesses within the RP3 zones • Staff provided the new permit fee per administrative policy to the City Manager for authorization in September EXPAND IGA DISCUSSION TO USE OF HUGHES STADIUM Purpose: Engage CSU in a discussion on the use of Hughes Stadium. Suggest a community conversation with the County, CSU, residents, and the City Outcomes: • Help CSU engage in a community discussion about future uses of the stadium site Planning, Development, and Transportation Next Council Action: No further Council Action planned Other Info: • CSU has contracted with CalAtlantic Homes of Page 11 of 15 PROGRESS KEY 25% 50% 75% 100% March, 2019 CITY COUNCIL INITIATIVE DASHBOARD PROGRESS COUNCIL RETREAT PRIORITY PURPOSE AND OUTCOMES SERVICE AREA ACTION PLAN SMOKING IN OLD TOWN Purpose: Evaluate effectiveness and changes related to existing smoking ordinance Outcomes: • Reevaluate geographic boundary • Look at enforcement methods • Examine dedicated smoking locations • Make any Ordinance Amendments as desired Planning, Development, and Transportation Next Council Action: No further Council action planned. Other Info: • Council made a modification to the penalty associated with violating the smoking ordinance in December • Council received a memo in January with staff’s recommendation to not change the Smoke-Free- Zone perimeter to include Library Park LANDBANK PROPERTY RFP OWNERSHIP Purpose: Update Land Bank policy and successfully deploy another land bank property Outcomes: • Produce more affordable housing units by selling existing parcels to development partner(s) • Use sales proceeds to purchase additional land bank parcels • Maximize the development potential of the Land Bank program through identifying new resources and incentives Sustainability Services Next Council Action: No regular meetings or work Page 12 of 15 PROGRESS KEY 25% 50% 75% 100% March, 2019 CITY COUNCIL INITIATIVE DASHBOARD PROGRESS COUNCIL RETREAT PRIORITY PURPOSE AND OUTCOMES SERVICE AREA ACTION PLAN UTILITY / EFFICIENCY PROGRAMS FOR LOW INCOME FAMILIES & INDIVIDUALS Purpose: Ensure low income segment is supported for utility bill, conservation and efficiency services and programs, which also includes renewable offerings Outcomes: • User-friendly resources that support utility bill assistance • Outreach that brings materials and awareness on support for efficiency and conservation improvements • Manage opportunities for low income to participate in renewable energy offerings Utilities/ Sustainability Services Next Council Action: No further Council Action planned after “Good News” update at Feb. 5 City Council meeting. Other Info: • Utilities Affordability Portfolio with the Income Qualified Assistance Program (IQAP) launched on Oct. 1, 2018 • Completed IQAP application process with 829 applications received. Largest low-income enrollment for a Utilities program. • Continuous enrollment initiated in 2019. CULTURE & RECREATION ARTS, CULTURE & MUSEUM INTEGRATION Purpose: Explore opportunities to leverage City resources through community partnerships and collaboration Outcomes: • Promote opportunities for interaction between local Page 13 of 15 PROGRESS KEY 25% 50% 75% 100% March, 2019 CITY COUNCIL INITIATIVE DASHBOARD PROGRESS COUNCIL RETREAT PRIORITY PURPOSE AND OUTCOMES SERVICE AREA ACTION PLAN TRANSPORTATION & MOBILITY Prioritization model complete COMPLETE SIDEWALK PROGRAM FOR PUBLIC SAFETY Purpose: Update City sidewalk prioritization model to improve public safety and enhance safe routes to school Outcomes: • Make needed improvements near Lincoln Middle School and Poudre High School. • Produce new prioritization model for sidewalks Planning, Development, & Transportation Next Council Action: No further Council Action planned Other Info: • City staff updated the citywide sidewalk prioritization model to include equity and safety to give a higher weight to arterial sidewalk needs ongoing COUNTY ENGAGEMENT FOR BUILDING INFRASTRUCTURE IN CITY GMA Purpose: Engage Larimer County in discussion about assistance for building infrastructure and programming within the City’s GMA Outcomes: Gain County assistance in funding: • Sidewalks • Streets • Bike trails • Neighborhood Issues Planning, Development, and Transportation Page 14 of 15 PROGRESS KEY 25% 50% 75% 100% March, 2019 CITY COUNCIL INITIATIVE DASHBOARD PROGRESS COUNCIL RETREAT PRIORITY PURPOSE AND OUTCOMES SERVICE AREA ACTION PLAN NORTH COLLEGE BUS RAPID TRANSIT Purpose: Short Term- Provide enhanced transit service as an interim solution to meet transit demand needs on the North College corridor. Long Term - Determine feasibility, plan and implement a North College Bus Rapid Transit service. Outcomes: Short Term • Improve transit access, connectivity to the transit system and higher frequencies of service to our riders with trips on the North College corridor • Collect ridership and other data to augment the planning efforts for long term BRT goals on North College Long Term • Implement a bus rapid transit system for North College Planning, Development, & Transportation Next Council Action: No further Council action planned. Other Info: • Staff has prepared a service improvement option for BFO 2019-20 • BFO offer not funded. HIGH PERFORMING GOVERNMENT REPRIORITIZE CITY PLAN Purpose: Identify what’s working well within the existing City Plan in order to focus staff and Council resources on areas which need addressed Outcomes: Adjust scope and resource of City Plan to focus on identified needs. Planning, Development, & Transportation Page 15 of 15 PROGRESS KEY 25% 50% 75% 100% March, 2019 CITY COUNCIL INITIATIVE DASHBOARD PROGRESS COUNCIL RETREAT PRIORITY PURPOSE AND OUTCOMES SERVICE AREA ACTION PLAN REIMAGINE COMMUNITY ENGAGEMENT Purpose: Enhance overall community engagement efforts and strengthen organizational capacity for effective public engagement Outcomes: • Systematic use of public engagement framework and planning tools • Leverage new tools and technology to increase engagement with all segments of the community, with additional focus on underserved populations • Use data to evaluate and improve public engagement efforts Information and Employee Services Next Council Action: No regular meetings or work sessions scheduled at this time Other Info: • The City has updated the engagement spectrum to illustrate the progression and reciprocal nature of public engagement. This and additional tools also emphasize the community’s two largest stakeholder groups, businesses and residents. Quarterly training & development opportunities will enhance and equip internal public engagement capacity and capability. • Internal resources and collaboration continue to grow. The new Public Engagement Collaboration Team works to align efforts and outreach to plan more effective outreach May 21, 2019 City Council Priorities ATTACHMENT 3 1.3 Packet Pg. 39 Attachment: Powerpoint presentation (8008 : Council Priorities) Direction Sought 1. Does Council agree with the characterization of the priorities as presented? 2. Does Council have any additional clarification to add for priorities prior to a resolution coming forward? 2 1.3 Packet Pg. 40 Attachment: Powerpoint presentation (8008 : Council Priorities) Council-Term Planning Timeline 3 BFO Programs & Initiatives EXECUTION PLANNING Strategic Plan BFO 2021/2022 ELECTIONS On Board/ Retreat 2019 BFO Programs & Initiatives 2020 2021 2022 2019 Budget 2020 Budget 2021 2022 1.3 Packet Pg. 41 Attachment: Powerpoint presentation (8008 : Council Priorities) Priorities 4 • Adopted formally by Resolution • Provide specific focus and action within context of vision and mission • Progress reported quarterly through Dashboard • Strategic plan, budget offers, Council or administrative action 1.3 Packet Pg. 42 Attachment: Powerpoint presentation (8008 : Council Priorities) Priorities By Outcome Area Neighborhood Livability & Social Health 1. Affordable and achievable housing strategies 2. Mobile home park preservation and resident protections 3. Equity and inclusion 4. Low income benefits/rebates streamlining and consolidation 5. Optimization of alleys outside of downtown Economic Health 1. Strategies that create community jobs 2. Affordable and accessible childcare 3. Small business plan 4. Undergrounding of electric infrastructure (transmission and distribution) 5 1.3 Packet Pg. 43 Attachment: Powerpoint presentation (8008 : Council Priorities) Priorities By Outcome Area Transportation 1. Additional Bus Rapid Transit (BRT) corridors Culture and Recreation 1. Equitable participation in culture and recreation programs 2. Neighborhood park refresh/future needs 6 1.3 Packet Pg. 44 Attachment: Powerpoint presentation (8008 : Council Priorities) Priorities By Outcome Area Environmental Health 1. Reduce plastic pollution 2. Protect and enhance instream river flows 3. Improved air quality 4. Mitigate impacts of oil and gas encroachment into Growth Management Area High Performing Government 1. Effective, innovative, and high-performing board 2. Reimagine community engagement 3. City financial stability 4. Reimagine boards and commissions 7 1.3 Packet Pg. 45 Attachment: Powerpoint presentation (8008 : Council Priorities) Next Steps • Resolution consideration of all priorities on June 4 • Work sessions to clarify outcomes on: • Strategies that create community jobs • Small business plan • Additional Bus Rapid Transit (BRT) corridors • Affordable and achievable housing strategies • Dashboard reporting starting this summer 8 1.3 Packet Pg. 46 Attachment: Powerpoint presentation (8008 : Council Priorities) Direction Sought 1. Does Council agree with the characterization of the priorities as presented? 2. Does Council have any additional clarification to add for priorities prior to a resolution coming forward? 9 1.3 Packet Pg. 47 Attachment: Powerpoint presentation (8008 : Council Priorities) both online and on-the- ground. 1.2 Packet Pg. 38 Attachment: Previous Council Priorities Dashboard, March 2019 (8008 : Council Priorities) Next Council Action: No further Council Action planned Other Info: • Re-scoping is complete and needed resource identified • Currently implementing the revised scope and have initiated the project 1.2 Packet Pg. 37 Attachment: Previous Council Priorities Dashboard, March 2019 (8008 : Council Priorities) / Financial Services/ Community & Operation Services Next Council Action: No regular meetings or work sessions scheduled at this time Other Info: • Staff submitted an update memo to Council on March 8, 2019 regarding current City/;County/PSD cooridination in the GMA; projects under discussion include: ped/bike improvements along West Vine Drive, and Trail connections near Lincoln Middle School. 1.2 Packet Pg. 36 Attachment: Previous Council Priorities Dashboard, March 2019 (8008 : Council Priorities) museums and cultural institutions. • Examine Fort Fund programs for possible updates and revisions Community and Operation Services Next Council Action: No regular meetings or work sessions scheduled at this time Other Info: • The Director of Cultural Services, and the Director of the Museum of Discovery, met with the Mayor to discuss the initiative and believe that the FoCo Creates Arts and Culture Master Plan, as drafted, addresses the initiative. • Following editing and refinement, the FoCo Creates Arts and Culture Draft Plan is being shared with stakeholders and the public in February and March. • An assessment of the Fort Fund program is a proposed action item in the Culture Plan. 1.2 Packet Pg. 35 Attachment: Previous Council Priorities Dashboard, March 2019 (8008 : Council Priorities) sessions scheduled at this time Other Info: • Second RFP for Home Ownership product on Kechter parcel closed late February. Staff reviewing responses. • Grand Opening of Village on Horsetooth on March 14 with 96 one-four bedroom apartments. Leasing ongoing. • Work continues on acquiring additional parcels Ongoing BEHAVIORAL HEALTH / DETOX FACILITY Purpose: Partner with the County and others to build capacity for behavioral health services Outcomes: • Successful county ballot measure for a facility Identified ways to increase capacity in Fort Collins in the interim Sustainability Services / City Manager’s Office Next Council Action: No regular meetings or work sessions scheduled at this time Other Info: • Ballot measure passed in November • Council selected Councilmember Stephens to sit on the Policy Advisory Committee 1.2 Packet Pg. 34 Attachment: Previous Council Priorities Dashboard, March 2019 (8008 : Council Priorities) Colorado (LENNAR Homes) to develop the property. Staff has met with representatives and encouraged holding at least 2 neighborhood meetings as part of community engagement prior to submitting any plans. The project is likely to be residential with a mix of housing types, solar, and include a park. 1.2 Packet Pg. 33 Attachment: Previous Council Priorities Dashboard, March 2019 (8008 : Council Priorities) translated into Spanish and posted on FCPS website • Presented Spanish policies and plans to HRC in March 2019 NEIGHBORHOOD LIVABILITY & SOCIAL HEALTH SHORT TERM RENTAL REVIEW Purpose: Review STR implementation and consider potential code changes to address known challenges and community feedback Outcomes: • Consider code changes Continue to monitor implementation City Manager’s Office/ Planning, Development, and Transportation Next Council Action: Work session on March 26, 2019 to discuss STRs in Multifamily buildings. Other Info: Staff will present proposals at the March 26 work session to address building and fire code issues in multifamily STRs. 1.2 Packet Pg. 32 Attachment: Previous Council Priorities Dashboard, March 2019 (8008 : Council Priorities) Next Council Action: No regular meetings or work sessions scheduled at this time Other Info: • Campus West Connections substation continues to host programs and neighborhood events at the facility • This project continues to be of value in bringing agencies together to work on neighborhood problems around campus. • Low walk-in traffic and budget shortages have led to a conversation about reducing walk in hours. • This facility continues to be a catalyst for collaboration and problem solving. 1.2 Packet Pg. 31 Attachment: Previous Council Priorities Dashboard, March 2019 (8008 : Council Priorities) addressing ozone emissions • Support Transportation Master Plan update in 2018/2019 • Finalized purchases of electric municipal lawn and garden equipment with 2018 funds • Received 2019 RAQC commercial lawn and garden equipment grant. • Ozone monitoring site installed at the Gardens on Spring Creek, and will be accessible when new Gardens areas are opened in 2019. 1.2 Packet Pg. 30 Attachment: Previous Council Priorities Dashboard, March 2019 (8008 : Council Priorities) Next Council Action: Council update memo planned for April 2019. Other Info: • Continue outreach and subsidized kit sales • Received 2018-2019 state funding • Completed working group meetings to evaluate potential options to increase testing and mitigation rates • Presented working group results to Air Quality Advisory Board in February 2019 1.2 Packet Pg. 29 Attachment: Previous Council Priorities Dashboard, March 2019 (8008 : Council Priorities) Climate Action Plan update scheduled at the June 25 Work Session Other Info: • Fort Collins adopted a 100% renewable electricity by 2030 goal in October • Platte River adopted a 100% non-carbon by 2030 resource diversification policy in December • Platte River signed a Power Puchase Agreement for an additional 20MW of solar at the Rawhide Energy Station. Commercial Operation anticipated in 2020 • Staff determining next steps on Green Energy program options based on planned changes to Platte River wholesale rate structure in 2020 • Platte River is in progress on development of the Roundhouse wind project (165 megawatts) and a new 20 megawatt solar facility. 1.2 Packet Pg. 28 Attachment: Previous Council Priorities Dashboard, March 2019 (8008 : Council Priorities) of excess biogas generation Reduction in energy use at the Drake Water Reclamation Facility measured in % change in kWh Utilities Next Council Action: No regular meetings or work sessions scheduled at this time. Other Info: • Procurement of gas conditioning unit has been executed. • Project design is substantially complete. Project construction will begin in June 2019 and expected to be complete by end of 2020. 1.2 Packet Pg. 27 Attachment: Previous Council Priorities Dashboard, March 2019 (8008 : Council Priorities) Services/ Utilities/ Sustainability Services / Planning, Development, and Transportation Next Council Action: No regular meetings or work sessions scheduled at this time Other Info: • Core staff team is developing strategy for identifying priorities within this space and to prepare for Smart Cities Readiness Grant Application in Winter, 2019. • Open Data efforts continue to focus on publishing frequently requested data, expanding the inventory of City-owned data, and creating new ways for the public to interact with City data 1.2 Packet Pg. 26 Attachment: Previous Council Priorities Dashboard, March 2019 (8008 : Council Priorities) • Program evaluation and potential reset of Industry Cluster grant funding anticipated Q1, 2019 • ELT Committee formed to prioritize implementation actions 1.2 Packet Pg. 25 Attachment: Previous Council Priorities Dashboard, March 2019 (8008 : Council Priorities) Attendance) • Developing individual Council Business Visit Strategies - Target Completion end of March • Sharing the results of the National Business Survey internall and externally ECONOMIC HEALTH FOCUS - Continue focus on I-25 buildout Purpose: Work with CDOT and regional partners to fund I-25 lane expansion from Fort Collins to Denver Outcomes: • Establish a funding source and timeframe for completion Planning, Development, and Transportation Next Council Action: No regular meetings or work sessions scheduled at this time Other Info: • A letter of support for the CDOT INFRA Grant was prepared and sent to the U.S. Department of Transportation encouraging funding for the I-25 Segments 7 and 8 project. ATTACHMENT 2 1.2 Packet Pg. 24 Attachment: Previous Council Priorities Dashboard, March 2019 (8008 : Council Priorities) Financial Sustainability. • Study sales tax leakage • Revenue trend identification and community awareness • Revenue diversification • Review City Fees • Shop Fort Collins 1.1 Packet Pg. 20 Attachment: Julia Novak Summary of Council Retreat (8008 : Council Priorities) improved resilience of the Poudre River and streams High Priority EH-3: Air Quality – Local, state, and federal advocacy. Evaluate radon working group recommendations. Pursue further reductions of City ozone precursors. Expand community programs for ozone. Conduct assessment of the microparticulate impact on disparate groups. • Impact mitigation of high radon levels • Reduce ozone precursors • Understand the prevalence of microparticulate pollution 1.1 Packet Pg. 19 Attachment: Julia Novak Summary of Council Retreat (8008 : Council Priorities) coordinate with other organizations. • Understanding from Council on the status of efforts High Priority HC-5: Adopt an equity lens tool for past and future decision- making including hiring, boards and commissions, community engagement, budgeting, etc. and consider the CEDAW Resolution as part of the Equity Lens. • Understanding disparities in the community and make progress to reduce them 1.1 Packet Pg. 18 Attachment: Julia Novak Summary of Council Retreat (8008 : Council Priorities) Packet Pg. 17 Attachment: Julia Novak Summary of Council Retreat (8008 : Council Priorities) • Grateful • Trust • Thoughtful • Can do attitude • Authentic • Polite • Diligent • Leader • Systems thinking • Clarity and Direction • Agreeable • Prepared (x3) • Accountable • Flexible • Open • Open minded • Consensus building (x2) • Grateful • Support • Engaged • Willing to engage • Collegial • Friendly and upfront • Act as a body • Respect different priorities • Community-for-all perspective • Acknowledges differences • Articulate • For the right reasons • Transparent • Fair • Disagree respectfully • Speak respectfully • Respectful (x4) • Honest • Curiosity • Trust • Community listening • Active listening • Listens • Future focus 1.1 Packet Pg. 10 Attachment: Julia Novak Summary of Council Retreat (8008 : Council Priorities) to learning – engaged with CML and NLC • High functioning is a prerequisite to high performance • Focused on local policy and relevant action • Engaged and collaborative – externally, regionally, nationally • Trustworthy, stable, and willing to change when appropriate to do so • Inclusive • Active • Environmental commitment • This can be a question that drives our decisions: Will this decision move us toward being a high performing community FOR ALL? • Meet our community where THEY are • Let everyone THRIVE • “If it is not for all, it is not for us.” • Equitable • Engages – two-way – well! • Engaged, durable partners who co- create a high performing community • Effective boards are intentional • Each person achieves something greater personally by being part of this • Understand how each person contributes to the body • Identify shared learning opportunities • Be curious – “tell me more” • Tapping into the knowledge of key stakeholders who can contribute expertise • Build a base level of knowledge 1.1 Packet Pg. 7 Attachment: Julia Novak Summary of Council Retreat (8008 : Council Priorities) Fort Collins Music Task Force Tom Milligan, Chair Danielle Anderson Jephta Bernstein Cory Clarke Jimmy Conway Greta Cornett Celeste DiIorio Sara Durnil Jahna Eichel Jesse Elliott Melissa Flail Bryce Merrill Aquiles Quiroga Jack Rogers Jan Sawyer Tom Scharf Caitlin Solsky Andrew Williams Rita Wilson-Besser James Yearling FoCo Creates Cultural Equity and Inclusion Group Godwin Abotsi Gayle Adams Doni Ambrosine Kit Baker Debora Bernagozzi Jason Bernagozzi Annie Bierbower Floyd Bundrant Lizbeth Cedillo Carisa Clinton Todd Cornell Maria Delahoya Prodan Dimov Svetoslava Dimov Phil Donaldson Sohalia Hussain Jan Iron Morteza Karami Mary Elizabeth Lenahan Peggy Lyle Katherine Martinez Anthony McGlaun Joaquin Rivalcoba-Jimenez Jack Rogers Andrew Schneider Caridad Souza Tom Stermitz Michael Anthony Tatmon Ranjani Vedanthan Analia Alegre-Femenias Weber Karen Wilken Kevin Yu CORE STAFF TEAM Cultural Services Department Jim McDonald, Project Manager Liz Irvine Jaime Jones Ellen Martin Cheryl Donaldson Moses Michelle Provaznik Jack Rogers Annie Bierbower CONSULTANT Louise K. Stevens, ArtsMarket, Inc. PUBLICATION DESIGN Grant Smith PUBLICATION EDIT Amy Resseguie Thank you to all of the individual contributors and representatives of organizations and businesses who shared their vision, observations and skills in the planning process of the FoCo Creates Arts and Culture Master Plan. The input received from the community, through multiple stakeholder and public meetings and online surveys and comments, directly informed and enhanced the Plan. 1 Packet Pg. 303 Attachment: Exhibit A (8000 : FoCo Creates Arts and Culture Master Plan RESO) Funding of Community Programs Manager position) CE 3.3d: Explore designated funding opportunities, including Fort Fund. CSD Staff, Philanthropic Community Fort Fund, Grant Procurement STS 4.2a: Work with private industry and philanthropic organizations to understand and identify areas of shared interest with the nonprofit and for-profit creative sectors. Work with City Give. CSD Staff, City Give, Community Stakeholders, Philanthropic Community Staff Time STS 4.2c: Research regional and national grant opportunities that would support the specific goals of the plan, for example lifelong learning, renovation of the Carnegie Center for Creativity, shared creative space, expansion of programs in underserved communities, etc. CSD Staff, City Give, Community Stakeholders, Philanthropic Community Staff Time, Grant Procurement ACTION ITEMS RESPONSIBILITY POTENTIAL FUNDING Comedy and Tragedy by Bets Holland Lundeen, City of Fort Collins Art Collection 1 Packet Pg. 302 Attachment: Exhibit A (8000 : FoCo Creates Arts and Culture Master Plan RESO) Planning, Development and Transportation and Sustainability Services to identify policies, land use codes, or other barriers that limit innovative programs or businesses. CSD Staff, Planning, Department, Sustainability Services Staff Time (Contingent on Funding of Creative Industries Position) CD 2.1e: Include the breadth of the cultural industries in the marketing of Fort Collins as a cultural center and destination. CSD Staff, Community Stakeholders General Fund, Grant Procurement, Community Stakeholders CD 2.2c: Support and promote existing creative spaces, both public and private, so they remain within the creative economy. CSD Staff, Community Stakeholders Staff Time (Contingent on Funding of Creative Industries Position) CD 2.2d: Support the continued success of the Downtown Creative District through continuing to be a fiscal agent, liaison to City departments and providing access to City facilities. CSD Staff, Downtown Creative District Staff Time CD 2.2e: Identify, by working with the City and community, the potential for additional creative districts throughout the city to be developed. CSD Staff, Economic Health Office, Colorado Creative Council, Community Stakeholders Staff Time (Contingent on Funding of Creative Industries Position) ACTION ITEMS RESPONSIBILITY POTENTIAL FUNDING 1 Packet Pg. 301 Attachment: Exhibit A (8000 : FoCo Creates Arts and Culture Master Plan RESO) Contingent on Funding of Community Programs Manager position and related programmatic support IE 1.1c: Increase access to free and reduced-fee opportunities to City cultural programs. CSD Staff General fund, Budgeting for Outcomes 2021-2022 IE 1.2a: Collaborate with diverse cultural artists and organizations to raise awareness of their work through City communication channels and working with community partners like Visit Fort Collins. CSD Staff, Community Partners, Cultural Organizations, University Center for the Arts Staff Time CE 3.1a: Conduct a feasibility study and market analysis to determine the potential of a capital campaign, and the ongoing sustainability of a major new performing arts center (2000 – 2200 seats). CSD Staff, Consultant, Philanthropic Community, Community Stakeholders General Fund, (feasibility studies estimate $250,000) CE 3.1f: Develop additional storage capacity in support of expanded cultural facilities and programs. CSD Staff Capital Project Fund RESPONSIBILITY ACTION ITEMS RESPONSIBILITY POTENTIAL FUNDING ACTION ITEMS RESPONSIBILITY POTENTIAL FUNDING ACTION ITEMS RESPONSIBILITY POTENTIAL FUNDING 1 Packet Pg. 300 Attachment: Exhibit A (8000 : FoCo Creates Arts and Culture Master Plan RESO) Stakeholders, Creative Industries Building on Basics, Grant Procurement, Community Stakeholders CE 3.1d: Create a long-term plan for the Fort Collins Museum of Discovery expansion, including funding options and location research. CSD Staff, Friends of the Museum Staff Time, Friends of the Museum CE 3.2f: Research opportunities to increase funding for Public Art including a percent for art increase, public-private partnerships, and private development incentives. CSD Staff, Art in Public Places Board, Community Stakeholders Staff Time STS 4.1a: Research and evaluate the establishment of a regional sales tax, or other sustainable funding mechanism. CSD Staff, Community Stakeholders Staff Time, Community Stakeholders STS 4.1b: Research and evaluate the establishment of dedicated tax options (examples include admission tax, sin tax, etc.). CSD Staff, Community Stakeholders Staff Time, Community Stakeholders STS 4.2b: Explore opportunities to increase funding for Public Art including public-private partnerships and private development incentives. CSD Staff, City Departments Staff Time ACTION ITEMS RESPONSIBILITY POTENTIAL FUNDING 2021-2022 1 Packet Pg. 299 Attachment: Exhibit A (8000 : FoCo Creates Arts and Culture Master Plan RESO) General Fund, Grant Procurement, Community Stakeholders STS 4.3a: Evaluate current Fort Fund funding categories for alignment to the vision of Fort Collins being a creative center and destination, engaging the entire community and visitors. CSD Staff, Cultural Resources Board, Community Stakeholders Staff Time STS 4.3b: Identify opportunities within Fort Fund to support a broad spectrum of creative activities, ranging from those produced by previously supported and established nonprofits to new funding opportunities in areas such as lifelong learning in the arts, artists-entrepreneurs and capacity building. CSD Staff, Cultural Resources Board, Community Stakeholders Staff Time ACTION ITEMS RESPONSIBILITY POTENTIAL FUNDING 2019-2020 1 Packet Pg. 298 Attachment: Exhibit A (8000 : FoCo Creates Arts and Culture Master Plan RESO) The Opera House under construction on the 100 block of North College Avenue in 1880. 1 Packet Pg. 280 Attachment: Exhibit A (8000 : FoCo Creates Arts and Culture Master Plan RESO) material, disease causing agents, radioactive material, heat, wrecked or discarded equipment, rock, sand, automotive fluids, paint, cooking grease, process waste water, swimming pool discharges, discharges from cleaning of heat transfer equipment, or any industrial, commercial, construction, household, municipal, or agricultural waste.” “Contaminated water” was added to the definition of “pollutant” to provide consistency between the two definitions. 6 Packet Pg. 40