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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/21/2007 - ITEMS RELATING TO THE CONSTRUCTION OF IMPROVEMENTS ITEM NUMBER: 12 A-B AGENDA ITEM SUMMARY DATE: August 21, 2007 FORT COLLINS CITY COUNCIL STAFF: Craig Foreman SUBJECT Items Relating to the Construction of Improvements to Old Fort Collins Heritage Park. RECOMMENDATION Staff recommends adoption of both Ordinances on First Reading. FINANCIAL IMPACT The City of Fort Collins has been awarded a grant of$110,000 from Great Outdoors Colorado for the redevelopment of a playground and skate park and two new three-wall handball courts at Old Fort Collins Heritage Park. The total cost for the improvements is estimated at about $395,000. Soderberg Masonry has agreed to a cash grant of $45,000. A Bohemian Foundation grant of $30,000 has been obtained for the project. Funding from Neighborhood Parkland impact fees ($100,000) and Building Community Choices/Poudre School District joint projects ($110,000) is available for the City's cost share. Funding for the operation and maintenance of the playground ($1,000 per year) and skate park ($5,000 per year) are in the existing Parks Operation and Maintenance budgets for 2008 and 2009. The handball courts are expected to have an annual maintenance cost of$500 and will be absorbed within the allocated budget. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 087, 2007, Authorizing the City Manager to Enter Into a Grant Agreement with the State Board of the Great Outdoors Colorado Trust Fund for the Receipt of Funds for Improvements to Old Fort Collins Heritage Park. B. First Reading of Ordinance No. 088, 2007, Appropriating Unanticipated Revenue in the Neighborhood Parkland Fund - Old Fort Collins Heritage Park Capital Project and Authorizing the Transfer of Appropriations Between Funds to Redevelop a Playground and Construct a Skate Park and Two New Handball Courts at Old Fort Collins Heritage Park. The installation of the new Northside Aztlan Community Center required the removal of the existing playground and skate park. The two facilities were included in the redesign of the park site as part of the new community center design effort. The playground will be located near the community August 21, 2007 -2- Item No. 12 A-B center while the skate park will be relocated to the north and east behind the building. The playground will feature a new climbing boulder. Design of the skate park is being coordinated with downtown skaters. Two new three-wall handball courts provide new recreational opportunities to residents and were initiated by strong interest and support from Fort Collins Handball Association members. There are currently no other public three-wall handball courts in Fort Collins. Handball is a game for everyone regardless of size or gender, is relatively inexpensive to play, develops both sides of the body, is easy to learn and is great exercise. Pursuant to GOCO regulations, the City has until June 21, 2009 to complete the project. The first Ordinance authorizes and approve the terms of the GOCO grant agreement,including the placing of a restrictive covenant on the Heritage Park property. The second Ordinance appropriates funds to the project from several sources,including the GOCO grant. ORDINANCE NO. 087, 2007 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CITY MANAGER TO ENTER INTO A GRANT AGREEMENT WITH THE STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND FOR THE RECEIPT OF FUNDS FOR IMPROVEMENTS TO OLD FORT COLLINS HERITAGE PARK WHEREAS, the Board of the Great Outdoors Colorado Trust Fund (the "GOCO Board") is a political subdivision of the State of Colorado which invests a portion of the net proceeds of the Colorado Lottery in the State's parks, wildlife, open space and recreational resources; and WHEREAS, in 1994 the GOCO Board created a statewide grant program pursuant to which eligible entities could apply for grants for local government parks and outdoor recreation projects; and WHEREAS, on June 21, 2007, the GOCO Board approved a grant application by the City for a local government grant to be used for the redevelopment of a playground and skate park and two new handball courts at Old Fort Collins Heritage Park (the "Project"), and has awarded to the City a grant in the amount of$110,000 to be used together with matching funds to construct the Project; and WHEREAS, the total cost of the Project is estimated at $395,000, with additional funding coming from Soderberg Masonry, the Bohemian Foundation, neighborhood parkland impact fees and Building Community Choices proceeds; and WHEREAS, the City is authorized to enter into intergovernmental agreements, such as a grant agreement, to provide any function, service or facility, under Article 11, Section 16 of the Charter of the City of Fort Collins and Section 29-1-203, C.R.S.; and WHEREAS, the GOCO Grant Agreement, a copy of which is on file in the office of the City Clerk and available for public inspection (the "Grant Agreement"), requires a resolution, adopted by the governing body of the Grantee, authorizing the execution of the agreement and approving its terms and conditions; and WHEREAS, the Grant Agreement further requires that the City operate and maintain the Project for not less than 25 years, subject to the annual appropriation of funds, allow reasonable public access to the Project, and cooperate with the GOCO Board on publicity, public information and signage for the Project; and WHEREAS, the Grant Agreement also requires that the City and the GOCO Board sign a restrictive covenant which shall, upon completion of the Project, be recorded in the Larimer County real estate records, and which will require that for 25 years the Heritage Park property be operated and maintained for the specific purposes outlined in the grant agreement; and WHEREAS, placing a restrictive covenant on City property that is enforceable by the GOCO Board is the equivalent of conveying an interest in the real property; and WHEREAS, pursuant to Section 23-111(a) of the City Code, the Council is authorized to sell, convey or otherwise dispose of any and all interests in real property owned in the name of the City provided that the Council first finds, by ordinance, that such disposition is in the best interests of the City; and WHEREAS, City staff recommends that the City Council approve the Grant Agreement as described herein. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the Council hereby finds that placing a restrictive covenant on the Old Fort Collins Heritage Park property as required by the GOCO Board is in the best interests of the City. Section 2. That the City Manager is hereby authorized to enter into the Grant Agreement with the GOCO Board obligating the City to use the $110,000 in grant proceeds for redevelopment of the playground and skate park and construction of new handball courts at Old Fort Collins Heritage Park, in substantially the form of agreement as is on file in the office of the City Clerk, and that the terms of the Grant Agreement are approved together with such other terms and conditions as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the best interests of the City. Section 3. That the Mayor is hereby authorized to execute a declaration of covenants and conditions, in substantially the form as is attached to the Grant Agreement, to be recorded upon completion of the Project. Introduced, considered favorably on first reading, and ordered published this 21st day of August, A.D. 2007, and to be presented for final passage on the 4th day of September, A.D. 2007. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 4th day of September, A.D. 2007. Mayor ATTEST: City Clerk ORDINANCE NO. 088, 2007 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE IN THE NEIGHBORHOOD PARKLAND FUND - OLD FORT COLLINS HERITAGE PARK CAPITAL PROJECT AND AUTHORIZING THE TRANSFER OF APPROPRIATIONS BETWEEN FUNDS TO REDEVELOP A PLAYGROUND AND CONSTRUCT A SKATE PARK AND TWO NEW HANDBALL COURTS AT OLD FORT COLLINS HERITAGE PARK WHEREAS, construction of the new Northside Aztlan Community Center resulted in the removal of an existing playground at Old Fort Collins Heritage Park(the"Park") and a skate park located on the west side of the current Northside Aztlan facility; and WHEREAS,construction of a new playground featuring a climbing boulder and a skate park were included in the design of the new Northside Aztlan Community Center; and WHEREAS, in addition to the two aforementioned facilities two new three-wall handball courts will be constructed at the Park; and WHEREAS, the estimated cost to construct the new playground, skate park, and handball courts (the "Project") at the Park is $395,000; and WHEREAS, the Project will be partially funded by contributions from Soderberg Masonry and the Bohemian Foundation and by revenues derived from neighborhood parkland fees and proceeds from the Building Community Choices (BCC) sales and use tax; and WHEREAS,the City's Parks Department applied for and has been awarded a Great Outdoors Colorado Trust Fund("GOCO") grant, totaling$110,000, to help fund the Project; and WHEREAS,the City Council is concurrently considering the adoption of Ordinance No.087 2007, authorizing the City Manager to enter into a grant agreement with the GOCO state board, which agreement would obligate the City to use the$110,000 in grant proceeds for construction of the new playground, skate park and handball courts at the Park; and WHEREAS,funding sources for the remaining cost of improvements for the Project totaling $285,000 have been identified as follows: Soderberg Masonry Cash Contribution $ 45,000 Bohemian Foundation Grant 30,000 Neighborhood Parkland Fund - Old Fort Collins Heritage Park Existing Appropriations 100,000 BCC Capital Projects Fund - City/School District Community Projects Capital Project Existing Appropriations 110,000 Total $285,000 WHEREAS,Under Article V,Section 9 of the Charter of the City of Fort Collins permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year, provided that the total amount of such supplemental appropriations,in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS,City staff has determined that the appropriation of the proceeds from the GOCO grant, and the contributions from Soderberg Masonry and the Bohemian Foundation will not cause the total amount appropriated in the Neighborhood Parkland Fund-Old Fort Collins Heritage Park capital project to exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS,Article V,Section 10,of the Charter authorizes the City Council to transfer by ordinance any unexpended and unencumbered 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 were initially appropriated no longer exists; and WHEREAS, pursuant to Section 23-304 of the City Code, one percent of the funds appropriated for the construction of capital projects should be set aside in the Art in Public Places Reserve account in the Cultural Services &Facilities Fund, for use in the acquisition or leasing of works of art, maintenance,repair or display of works of art, and administrative expenses related to the Art in Public Places Guidelines adopted by Council in Ordinance No. 047. 1998; and WHEREAS, it is the desire of the City Council to: (a) appropriate,upon receipt,the sum of$185,000 in the Neighborhood Parkland Fund - Old Fort Collins Heritage Park capital project, representing the proceeds from a GOCO grant ($110,000), the contribution from Soderberg Masonry($45,000),and the contribution from the Bohemian Foundation Fund ($30,000); and (b) authorize the transfer of existing appropriations, totaling $110,000, from the Capital Projects Fund - Building Community Choices - City/School District Community Projects capital project to the Neighborhood Parkland Fund-Old Fort Collins Heritage Park to be used for construction of a playground,skate park,and handball courts at the Park; and (c) authorize the transfer of $3,950 from the Neighborhood Parkland Fund-Old Fort Collins Heritage Park capital project to the Cultural Services & Facilities Fund to provide funding for the City's Art in Public Places program. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That there is hereby appropriated for expenditure from unanticipated revenue in the Neighborhood Parkland Fund-Old Fort Collins Heritage Park capital project,the sum of ONE HUNDRED EIGHTY FIVE THOUSAND DOLLARS($185,000),upon receipt from the following sources: Great Outdoors Colorado GOCO Grant Proceeds $ 110 000 Gr ( ) , Soderberg Masonry Cash Contribution 45,000 Bohemian Foundation Grant 30,000 Total $ 185,000 to be used for construction of a playground, skate park, and handball courts at the Park. Section 2. That the unexpended appropriated amount of ONE HUNDRED TEN THOUSAND DOLLARS ($110,000) is hereby authorized for transfer from the Capital Projects Fund- Building Community Choices - City/School District Community Projects capital project to the Neighborhood Parkland Fund - Old Fort Collins Heritage Park be used for construction of a playground, skate park, and handball courts at the Park. Section 3. That the unexpended appropriated amount of THREE THOUSAND NINE HUNDRED FIFTY DOLLARS ($3,950) is hereby authorized for transfer from the Neighborhood Parkland Fund - Old Fort Collins Heritage Park capital project to the Art in Public Places Reserve Account in the Cultural Services&Facilities Fund,for appropriation therein,to be used forpurposes consistent with the City's Art in Public Places Program. Introduced, considered favorably on first reading, and ordered published this 21st day of August, A.D. 2007, and to be presented for final passage on the 4th day of September, A.D. 2007. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 4th day of September, A.D. 2007. Mayor ATTEST: City Clerk