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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/26/2011 - ALLOCATION OF BUILDING COMMUNITY CHOICES (BCC) FUN DATE: April 26, 2011 STAFF: Darin Atteberry, WORK SESSION ITEM Mike Freeman, Diane Jones FORT COLLINS CITY COUNCIL Pre-taped staff presentation: available at fcgov.com/clerk1agendas.php SUBJECT FOR DISCUSSION Allocation of Building Community Choices (BCC) Fund Balance. EXECUTIVE SUMMARY The Building Community Choices (BCC) Capital Improvement Program has a fund balance of $6,780,000 (as of March 31, 2011). In accordance with Ordinance No. 031, 1997, any revenues generated by the Tax that are unencumbered and unexpended after the completion of the projects that were described in Exhibit A of the Ordinance, may, in the discretion of the City Council, be used for any capital project approved by the City Council. This work session is to discuss allocation of the BCC fund balance and to consider urgent capital funding needs. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. Does City Council support allocating a portion of the BCC fund balance to: • The North College Road Improvement Project, Phase 2 • The Lincoln Center Renovation/Structural Repair project? 2. Council will have the opportunity to consider funding other projects or retaining in reserves. Are the projects in Attachment 1 the appropriate selection? BACKGROUND / DISCUSSION In 1997, Fort Collins' voters approved three quarter-cent packages. One of those was for "Community Enhancement Capital Projects" and funded a variety of capital projects through December 31, 2005 (see Attachment 2, Resolution 1997-020, which includes Ordinance No. 031, 1997 and the list of projects and a brief description in Exhibit A). The projects in this package included: 1. Prospect Road Improvements 2. Northeast Truck Route 3. Taft Hill Road Improvements 4. Shields Street Improvements 5. New Northside Aztlan Community Center Construction 6. City/School District Community Projects 7. Land Acquisition and/or Initial Design for New Police Building 8. Library Computer and Information Enhancements April 26, 2011 Page 2 9. EPIC Studio Ice Rink 10. Land Acquisition and/or Initial Design for New Library 11. Land Acquisition and/or Initial Design for New Performing Arts Center Except for some final landscaping,wetlands mitigation and irrigation maintenance on East Prospect Road Improvements, all of the projects on this list have been completed. The final items on East Prospect will be completed this spring/summer and resources ($61,000) have been allocated from the BCC funds to complete this work. The East Prospect project was initiated in 2006 and substantially completed in 2008. In addition to the roadway construction,the Poudre River L-Path channel improvements and the re-establishment of wetlands were required to be completed. These items added time due to federal pennitting requirements. The final phase of the overall project was the landscaped shoulders and medians. Because this is one of the gateway entry points into the City, the landscaping treatment in this corridor was enhanced. This process began in 2008 and the landscaping was installed in 2009. The two-year warranty on the landscaping will be complete at the end of 2011. The project was not yet closed out as we are still carrying the maintenance costs associated with the two years of warranty. The BCC fund balance in the "Community Enhancement Capital Projects" is $6,780,000 (as of March 31, 2011). In accordance with Ordinance No. 031, 1997, any revenues generated by the Tax that are unencumbered and unexpended after the completion of the projects that were described in Exhibit A, may, in the discretion of the City Council, be used for any capital project approved by the City Council. The three quarter-cent "packages"that voters approved in 1997 were: • Natural Areas and Trails and for certain Park Projects (Resolution 1997-018) • Street Maintenance and certain Transportation Projects (Resolution 1997-019) • Community Enhancement Capital Projects (Resolution 1997-020) The disposition of fund balances is addressed in the adopted ordinance for each quarter-cent package. One of the other packages was for"Natural Areas, Trails and certain Park Projects." In 1998, City Council approved Resolution 1998-062, which set maximum amounts for the park projects and directed the use of any excess revenues for Natural Areas. An explanatory memorandum from John Fischbach, former City Manager, to City Council in September 2000 and the referenced resolutions in that memo are attached (see Attachment 3). Following the BCC program, which expired on December 31, 2005, voters approved Building on Basics(BOB)which runs through December 31,2015. While this program is still progressing, the recession impacted BOB revenues which are currently projected to be short by$1.5 million to$2.0 million to complete all of the commitments of the program. Today,there are a number of City capital projects that are in various stages of readiness: some are in process (e.g., Museum/Discovery Science Center); some are in the design stage and soon to be started; some are still in the conceptual/planning stage. April 26, 2011 Page 3 Staff has provided a list of capital projects—a snapshot as of April 2011—which need additional resources or added resources that would enhance selected projects and to which the BCC fund balance can be applied. See Attachment 1. PRELIMINARY STAFF RECOMMENDATIONS From this project list(Attachment 1), there are two projects that need additional resources and the needs are time sensitive: • North College Road Improvement Project, Phase 2 • Lincoln Center Renovation/Structural Repair North College Road Improvement Project Final Engineering and Right-of-Way (ROW) acquisition is underway for the North College Road Improvement Project(this segment is from Vine Drive to Conifer/Hickory Street). Construction of utility improvements is scheduled to begin this fall(2011)and roadway improvements in 2012. The North Fort Collins Urban Renewal Authority was expected to fund$2.7 million of the$11.1 million project, but those funds are not yet available. The Council Finance Committee recommended that if Council supports using the BCC balance to fund the $2.7 million gap, that it be structured as a loan to be repaid by URA funding when it becomes available. In order to meet CDOT deadlines allowing the work to proceed this year, all funds for the $11.1 million project must be appropriated by June 1, 2011. Lincoln Center Renovation/Structural Repair Renovation of the Lincoln Center is in process. The project(part of Building on Basics/BOB)began in July 2010. During construction, an unanticipated structural issue with the 32-year old performance hall exterior walls was discovered. The problem is significant and must be remedied before the Lincoln Center can be reopened. Cultural Services and General Fund reserves in the amount of$460,000 were used to cover the cost of the wall fix. However,the complexity and extent of the repair has required additional customized work that have increased the costs beyond what was initially anticipated. The Lincoln Center is scheduled to reopen in July but the walls must be secured and fixed before the facility can reopen. Apart from these two projects, the urgency for the use of the BCC fund balance is not as immediate and can be determined at a later date. BCC Fund Balance..................................................................$ 6,780,000 Proposed Use of Fund Balance: a. North College Road Improvement Project.....$ 2,700,000 b. Lincoln Center Renovation/Structural..........$ 135,000 Subtotal .............................................$ 2,835,000 BCCFund Balance..................................................................$ 3,945,000 April 26, 2011 Page 4 A Council work session will be scheduled to engage in a more comprehensive review of the capital needs of the City and whether or not City Council wants to consider using the BCC fund balance for these projects or continue to retain the monies in reserve for future capital needs. TIMELINE AND NEXT STEPS The tentative timeline for consideration of the proposed use of the BCC fund balance is: April 26 Council Work Session—consider urgent needs May 3 First Reading of an Appropriation Ordinance (tentative: to appropriate BCC funds for urgent project funding needs). May 17 Second Reading of an Appropriation Ordinance TBD Council Work Session—comprehensive review ATTACHMENTS 1. List of Potential City Capital Projects 2. Resolution 1997-020/Community Enhancement Capital Projects/BCC 3. September 12, 2000 Memorandum and Referenced Resolutions 1997-018 and 1998-062 4. Powerpoint presentation ATTACHMENT 1 POTENTIAL PROJECTS FOR USE OF THE BCC FUND BALANCE City of Fort Collins April 2011 1. North College Improvements Project BCC Request: $2.7 million Description: Improvements to North College Avenue are being designed and constructed in phases. The segment of North College Avenue from Vine Drive to Hickory/Conifer Streets includes drainage, roadway, and pedestrian improvements, as well as access control and safety measures. The project is funded with a combination of Building on Basics (BOB) sales tax funds, CDOT Hazard Elimination funds, and Truck Route Relocation funds. The North Fort Collins Urban Renewal Authority was expected to fund $2.7 million, but those funds are not yet available. The resulting funding shortfall necessitates the timing of this request. Funds for the project must be appropriated by June 1, 2011 in order to meet CDOT deadlines allowing work to proceed this year. Final Engineering and Right Of Way (ROW) acquisition is underway, and construction of utility improvements is anticipated in fall 2011 and roadway improvements in 2012. Total Cost of Project: $11.1 million 2. Mason Corridor Bus Rapid Transit (BRT) Project BCC Request: $1.5 million Description: While the various construction elements of the Mason BRT have contingencies built into the project budget, it is likely that those amounts will not be sufficient to address shortfalls created by"ineligible" costs. The Federal Transit Administration (FTA) review, to be completed in the next three months, will determine which project costs are eligible for federal reimbursement. Staff has already been informed by FTA that $600,000 of the AECOM (consultant) procurement costs will have to be covered by the City. FTA has also alerted staff that it is possible that other costs such as the Troutman Bicycle/Pedestrian Underpass and some of the $3.9 million ROW acquisition from BNSF will be disallowed. PDT requests that some portion of the BCC funds be set aside to cover legitimate project costs that are deemed ineligible for FTA reimbursement. Total Cost of Project: $81.97 million 1 3. Project: East Mulberry Bridge Replacement/Enhancements/City Gateway BCC Request: $850,000-$193009000 Description: There are several projects at the intersection of Riverside and Mulberry that make it an opportune time to invest in this intersection. The Mulberry gateway has long been targeted as a gateway enhancement area into the historic downtown. Wayfinding along Riverside has been a challenge for years. The Mulberry/ Riverside corridor does not create a desirable character for visitors approaching downtown. It is confusing and there is no indication about how to get to Old Town. Funding for several improvements associated with the Riverside-Mulberry Intersection would help to begin the long-term renovation of this corridor. Some of the pending projects have funding; others are not funded. The purpose of this request is to maximize the potential of creating this gateway as a coordinated effort. Following is a brief description of the current activities and their funding status/request: a. The Downtown Wayfinding Project is ready to begin implementation. This wayfinding project, which dates back to the 1980s has been planned for a number of years and, with partial funding through the General Improvement District (G.I.D.), will begin implementation in 2011. There is an opportunity to enhance the landscape at the corner of Riverside and Mulberry in conjunction with the water reclamation facility and the Mulberry Bridge project. Funds for this would need to be appropriated from G.I.D. reserves. A limited appropriation of$50,000- $75,000 could be used for landscaping and the gateway sign. b. Pickle Plant. In combination with the Economic Health Office of the City, Advanced Energy has been working on plans to construct a 1MW solar demonstration farm at the Pickle Plant site. The solar farm will accomplish several goals: (1) it will highlight the City's dedication to sustainability; when taken in combination with other gateway efforts it will add a unique and interesting element to this gateway development; (2) it adds to the energy generation capacity of Fort ZED; by generating 1 MW of electricity it provides a significant boost to the Zero Energy District goals; and (3) it adds an interpretive opportunity as visitors will be able to visit the facility and learn about photovoltaics and the potential they give to the future of clean and renewable energy. Advanced Energy will pay for enhancement of their project. c. Art in Public Places (APP) has approximately $200,000 to invest in an art project at this corner. The APP funds are being provided through the wastewater utility as part of the 1% for Art program. The funding needs to be used specifically for art at this corner. No appropriation by Council is required for the art project. 2 c. The Mulberry Water Reclamation Facility is completing a$30 million upgrade and is in the final stages of site work. There is an opportunity to refine the landscape and tie in the work on this site to an overall vision of the Mulberry/Riverside Intersection. No appropriation is required for this as it is part of a prior Council appropriation. d. The Mulberry Bridge crossing over the Cache la Poudre River is being replaced by CDOT in 2013. The project is to replace an undersized and aging bridge. This bridge will be the largest bridge within the City limits at 120 feet wide and 380 feet long. The standard CDOT bridge is a bare bones design - six travel lanes, bike lanes, 6-foot sidewalk and chain link fence on top of the bridge rail (see attached exhibits). The project is just beginning the design phase and it is an opportune time to work with CDOT to enhance the design of the bridge and to construct median and shoulder landscaping Funding is needed in 2011 to design the enhancements. The actual bridge construction would occur in 2013 at which time full funding for construction of the enhancements would be required. Bridge design has commenced and the structure of the bridge will be set by the end of May. It is best to integrate bridge urban design with the structural design in order to have the most cohesive design. Of the total ($850,000), $85,000 for design fees would be required in 2011. The remaining resources, ranging from $765,000 to $1,215,000 would be required in 2013. Bridge Enhancements, $300,000- $600,000 - Urban design for the bridge would allow for enhancements to columns, some special stone cladding of bridge structure, pots or ornamental lights, special railings and some element of art. Median Enhancements, $400,000- The median landscape would include trees, ground covers, and irrigation. It would be designed to be in keeping with the planting character of the Cache la Poudre River(native plants). A unique cost for the median landscape is a sub-drainage system which is required for state highways. Shoulder Enhancements- $150,000 - $300,000- Shoulder enhancements would include removal of some non native trees and replacement with natives, native landscaping, and urban design features which would include ornamental site furnishings such as pots, and pilasters, and possibly retaining walls. It is intended that this work will be leveraged with APP funds appropriated as part of the wastewater treatment expansion. Total cost of enhancements $850,000- $1,300,000 3 Total Cost of Basic Bridge Project: $13 million (CDOT)—without enhancements 4. Project: Shields Bridge Replacement/Enhancements BCC Request: $480,000 Description: The Shields Bridge is fully funded for a 2011 replacement. However, the total cost of approximately $1.6 M covers a basic bridge replacement with no urban design elements. Additional cost to design and construct lighting, urban design elements and medians is estimated at $480,000. Total Cost of Project: $1.6 million (without enhancements) 5. Project: Bryan Bridge Replacement/Enhancements BCC Request: $350,000 Description: The Bryan bridge is fully funded for a 2011 replacement. However, the total cost of approximately $700,000 covers a basic bridge replacement with no urban design elements. The proximity of this bridge close to the entrance of City Park makes it a candidate for aesthetic treatment. Additional cost to design and construct urban design elements is estimated at $350,000. Total Cost of Project: $700,000 (without enhancements) 6. Project: Bus Stop Improvements BCC Request: $200,000 Description: Transfort has developed an inventory of deficient bus stops that identifies problems with ADA access, visibility, safety and other important components. One of the most problematic is a stop on S. College that serves disabled Foothills Gateway clients, which is really just a patch of dirt with a sign. It is a costly problem to restore and improve because it involves CDOT right-of-way and permitting procedures. However, the adjacent property owner recently agreed to donate some property to Foothills Gateway, which will in turn provide an easement to Transfort. Details remain to be worked out, but this arrangement, in conjunction with a small grant that Transfort received, provides an opportunity to address a really problematic situation. At some point in the near future, we would like to build on the information in the inventory, and develop a prioritized plan for bus stop improvements City-wide. Total Cost of Project Improvements: $200,000 4 7. Project: Lincoln Center Renovation—Structural Improvements BCC Request: $135,000 Description: Renovation of the Lincoln Center began in July 2010. It is a Building on Basics (BOB) project to renovate 55,000 square feet and add approximately 17,000 square feet to the Center. During construction, an unanticipated structural issue with the 32-year old performance hall walls was discovered. The structural problem is significant, requiring additional structural support for the performance hall walls. This work must be completed before the facility can be reopened. Resources amounting to $460,000 from the Cultural Services Fund and the General Fund were allocated to cover the cost of the wall fix. However, the complexity of the repair has required customized responses that have increased the costs beyond what was originally anticipated. An additional $135,000 is needed to complete the structural support and must be completed prior to opening the building. Total Cost of Project: $8 million 8. Project: Lincoln Center Renovation—Unfunded Needs BCC Request: $547,500 Description: Fundraising efforts have secured $2 million for the Lincoln Center Renovation but we are still $547,500 short of what is needed to finish the project. Unfunded items include: remodeling the Columbine Room; a sound system for the Canyon West Room, signage; bar equipment; furnishings; chairs; dishes; sculpture re- installation and similar items. Total Cost of Project: $8 million 9. Project: The Digital Dome Theater BCC Request: $1,000,000 Description: The new Fort Collins Discovery Museum has been designed to include a digital dome theater. The theater, a 360-degree immersive experience, with state- of-the-art high-resolution projection and sound systems, provides a high impact venue for the exploration of astronomy, natural and cultural history, earth and climate science, music, art and a variety of other subjects. The dome can be used for live presentations, theater, music and for special events being held at other digital domes around the world. A $2 million dollar capital campaign is underway to fund the digital dome. We are seeking "1,000 for$1,000" and the $1 million in BCC funds could be used as matching funds to obtain our$2 million goal. Without the BCC funds the digital dome will be unable to open with the new museum in 2012 and will be phased over several years as funding is secured. Total Cost of the Discovery Museum Project: $25,000,000 5 10. Project: The Great Lawn BCC Request: $830,000 Description: The Gardens on Spring Creek master plan includes creation of"The Great Lawn" comprising two acres of gardens, a lawn and a stage. The Great Lawn can be used for concerts, performances, festivals, private events (weddings) and community events. Construction of the The Great Lawn will provide The Gardens with the "critical mass" to begin charging for admission ($5 adult, $2 per child). Annual income from admissions and from The Great Lawn is estimated at between $125,000 and $150,000. The Great Lawn would fulfill the need for an outdoor venue that caters to arts, culture and community events as envisioned in the City's Cultural Plan. The Gardens on Spring Creek was created through the BCC program so funding The Great Lawn would be a great way to conclude the program. 11. Project: Senior Center Expansion BCC Request: $1,000,000 Description: It is estimated that the Senior Center must nearly double in size to meet the growing needs of our expanding aging population. Through the Building on Basics capital improvement program, $5,147,533 is allocated to the Senior Center expansion. The new two story, 12,000 square foot addition will provide an exceptional fitness, cardio and weight training facility on one floor and dance and classroom space on the other floor. The Building on Basics Expansion Committee, a citizen-led 5010, was launched in 2009 to raise additional funds. The economy has made fundraising very difficult. Staff is now hopeful the Committee will be able to raise $1 million for the project. If an additional $1 million were provided from BCC remainder funds, (BOB funding at$5,147,533, $1 million in donations,plus BCC monies at $1.0 million) we could add the following improvements to the project: • Multi-purpose rooms—similar to ones at NACC that would be used for rentals • Class space—expand classes and events resulting in increased revenues • Kitchen space—needed to provide good rental space, classes and events • Lounge area—currently the lobby area at the Senior Center is often full and unable to accommodate people wishing to use it. • Outside Patio • Additional parking Total Project Cost: $6.14 million (without the BCC allocation of$1.0 million) 12. Project: Resource Recovery Park BCC Request: $500,000 to $1,000,000 (Land) Description: A resource recovery park consists of a synergistic industrial facility with multiple businesses and/or processes designed to reuse, recycle, or convert, materials that might otherwise be discarded into useful products. For example, so-called waste 6 materials can be diverted to energy, composting, or raw material markets. It is likely that a facility would need substantial amounts of ground, perhaps 40 acres or more, to be successful in the long run. The cost for land could run, therefore, from approximately $500,000 to $1,000,000 for industrial property. This project is envisioned to be a public-private collaboration. A study to examine the feasibility and scope for this type of facility is funded in the 2011 budget. 13. Project: Deconstruct and construct a new "green" Oak Street public restroom facility BCC Request: $ 485,000 Description: This small (400 square foot)public restroom building located at 123 Oak St. is a single occupant (men's and women's) facility constructed in 1980. It does not meet the public's need for a pleasing/modern restroom facility in the downtown area. As the City strives to enhance livability, create a vibrant downtown, promote public transportation, and support healthy living, well-designed public restrooms are necessary. This project would deconstruct the existing inadequate building and design /construct a new 1,000 to 1,200 sq. ft. facility with— 6 modules. Project goal is to provide a cost effective public restroom that is safe, accessible, attractive, and easy to maintain. The facility would likely incorporate these features: • Waterless or very low water use fixtures • Solar hot water system with radiant floor heating/natural gas backup • Solar-powered lighting and or LED lights using photo voltaic panels • Sky dome for day lighting • Be LEED Certified • Sustainable low maintenance and vandal resistant materials • ADA compliant features • Security/ safety features to preclude homeless sleeping in or trafficking • Passive flow-through ventilation • Be attractive where visitors and residents would enjoy using them—not cringe • Electronic access control The cost estimate (design, deconstruction, construction & project management) for this proposed project will be higher than that of a typical public restroom due to the inclusion of features that are innovative and environmentally friendly and not typically included in a basic public facility. We envision that his facility will enhance the public perception of what a public restroom should be and be a welcomed enhancement to the downtown. Cost of Project: $485,000 7 14. Project: Purchase the property at the northwest corner of Timberline and Harmony Roads. BCC Request: $ 490,000 Description: This site contains .31 acres, or 13,580 square feet. There are two buildings on the premises in very poor shape. This corner is an eyesore and has been for sale for many years. Purchasing this property will enhance the visual appearance along Harmony Road. There are environmental concerns with this property. It was formerly a gas station and it is unknown if there has been any cleanup on site. The old buildings may contain both asbestos and lead which will make deconstruction more expensive. We will conduct an environmental survey prior to final purchase. After the purchase and deconstruction of the buildings we will grade the site and provide ground cover. Additionally, there will be on-going costs to maintain the site. Cost of Project: $490,000 15. Project: Avery House Roof replacement and HVAC upgrade BCC Request: $ 145,000 Description: This project will remove all existing roofing material, replace water damaged decking, and install "historic correct" class C fire rated cedar shingles. The replacement gutters will match the removed copper gutters. Additional roof vents will be installed. Additionally, we will install new high efficient (97%) heating and cooling units on the first and second floors. Cost of Project: $ 145,000 16. Project: Renovate second level of City Hall BCC Request: $ 395,000 Description: Project will remodel the 2°d floor center areas of City Hall. The corridor walls will be removed; the open offices reconfigured; carpet replaced; areas repainted as needed; heat & cooling distribution system modified; and lighting/ceiling improvements. Removal of the hallway walls will require installation of a fire sprinkler system. The perimeter offices would not change. Project intent is to enhance staff and reception area efficiency and improve public access. Cost of Project: $ 395,000 17. Project: Deconstruct adjoining garages on old Haiston Oil property (225 Maple) BCC Request: $ 55,000 Description: Project will remove the two adjoining garages and landscape the site. We will also do environmental testing prior to deconstruction. This will "clean-up" that portion of the block. Cost of project: $55,000 8 18. Project: Replace fixed seating and staff seating in Council Chambers and chairs in Council Conference room BCC Request: $ 38,900 Description: Project will replace worn fixed public seating and staff seating in Council Chambers and chairs in Council Conference room. Cost of Project: $ 38,900 19. Project: Mid-Town Corridor Urban Design Master Plan BCC Request: $250,000 Description: Over the last two years the Mid-Town area has become the focus of interest from the business community and from the City. A little over a year ago the South Fort Collins Business Association (SFCBA) was formed and is now a business voice for the community. Also during this same period Plan Fort Collins, the City of Fort Collins most recent update to City Plan, identified the Mid-Town area as a priority to target for economic redevelopment. The Mid-Town study area extends along College Avenue and is focused between Prospect Avenue and just south of Harmony Road. It is also where Foothills Mall is located, an area which has long been a focus of economic redevelopment efforts. Mid-Town is one of the oldest retail centers of the community. Slightly younger than Old Town and the downtown area, it has some of the most prominent businesses in the city. In recent years the corridor has incurred increasing vacancies (roughly 700,000 SF of vacancy). In an attempt to re-energize the corridor the Economic Health Office undertook a year long study of the corridor including an assessment of business conditions. Most recently an Urban Renewal blight study has been completed. Home to Foothills Mall this corridor has been the focus of an extended effort to reenergize the retail corridor. A logical follow up to this study would be an "Urban Design Master Plan." The Urban Design Master Plan would begin to give form to the urban renewal efforts previously completed and would be a precursor to implementation of urban design improvements. Some of the key components of this study would be: • Working with the SFCBA to consider and potentially implement a Business Improvement District • Identification and preliminary design of URA urban design investment projects • Developing a sub-district urban design master plan • Coordinating urban design with Mason Corridor • Developing urban design guidelines and architectural guidelines • Preparing cost estimates for key enhancement projects • Identifying resources for future improvements • Completing an implementation strategy with local businesses Cost of Project: $250,000 9 EXHIBITS TO ATTACHMENT 1 EXHIBIT 1: Basic (standard) CDOT Bridge EXHIBIT 2: Basic (standard) Bridge for Shields and Bryan Street Bridges EXHIBIT 3: Example of an Enhanced Bridge Design (e.g., for the Mulberry Bridge) EXHIBIT 4: Example of an Enhanced Bridge Design (e.g., for the Shields Street Bridge) EXHIBIT 5: Cost estimates for Enhanced Bridge Designs -wry _• J �/ �� iW�4EXHIBIT 2 + #+ r � r� • '� ~ 4 J • �J ' 1 � . 1. • 1 r � • r ' 1 UIP .1 h4 im I f) f F � T• • 1 ' V • _ r l •_ • _ 1 • 1 ram . ti .� � •'-v r 1 � 4. 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Y �L 1 • • - � • liF +z IN IN IN i •J� `fjr Y � 1 l + � T ' L�� _ � � CONTEMPORARY Tl l E N I F MICA 1 Owl STREET v4lam mmmm� BRIDGE ELEVATION , CONTEMPORARY THEME • r & mrri. rj tea �r low do REET �- '. .� _ - � �•rt• - fit_ �.• BRIDGE PLAN VIEW - CONTEMPORARY THEME • • BRIDGE ELEMENTS - CONTEMPORARY THEME • .r � ,; C SHIELDS STREET BRIDGE URBAN DESIGN rt Collins MARCH 2O11 BRIDGE THEME CONCEPTS Estimated Costs for Bridge Projects Including Urban Design Amenities Funding Sources Cost of Urban Design Amenities 'Estimated Estimated Estimated Bride Year of Federal Urban g Construction Total Project Grant Local Match Median Amenities Comments Cost Cost(2) Cost(3) Shields Bride 2011 $2,050,704 $1,244,122 $326,582 $230,000 $250,000 Desirable location for urban amenities Laporte Bride 2011 $1,285,427 $981,810 $303,617 $0 $0 Subsurface structure B an Bride 2011 $1,045,218 $551,760 $143.458 $0 $350,000 Desirable location for urban amenities entrance to Rolland Moore Park East Mulberry Bridge 2012-2013 $850,0001 1 $600,0001 $250,000 CDOT Project;City funds to be used only for amenities as shown TOTALS $5,231,3491 $2,777,692 $773,6571 $830,000 $850,000 NOTES: 1. Neither medians nor urban amenities were included in the original project budgets. Bridges were designed to meet current LCUASS standards. 2. The cost of the medians is to construct and landscape medians on each approach to the the bridge structure. 3. Urban amenities include items such as decorative columns,railings, lighting,surface treatments, and the design of these items. 4. Routine bridge maintenance is budgeted.Additional maintenance costs to maintain medians and amenities are not budgeted. Engineering estimate Prepared by Helen Migchelbrink and Rick Richter 19-Apr-11 CrJ � I W y cn ' BCC.att 1 exh 5.xls 4/21/2011 ATTACHMENT 2 RESOLUTION 97-20 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING TO THE REGISTERED ELECTORS OF THE CITY AN ORDINANCE EXTENDING THE EXISTING TWENTY-FIVE HUNDREDTHS PERCENT(0.25%) "CHOICES 95" CAPITAL PROJECTS SALES AND USE TAX ON ALL TAXABLE ITEMS EXCEPT FOOD FOR A PERIOD OF EIGHT YEARS FOR THE PURPOSE OF OBTAINING REVENUE FOR CERTAIN COMMUNITY ENHANCEMENT CAPITAL PROJECTS AS DESCRIBED IN THE"BUILDING COMMUNITY CHOICES"CAPITAL IMPROVEMENT PROGRAM WHEREAS,the City of Fort Collins has enacted a comprehensive sales and use tax, which enactment is codified in Chapter 25, Article III of the Code of the City of Fort Collins(the"Code"); and WHEREAS,the amount of such tax presently imposed by the Code,as contained in Section 25-75 (a) thereof, includes a twenty-five hundredths percent (0.25%) tax for the construction of certain capital projects as determined by the Choices 95 Executive Committee and approved by the City Council in 1989(the"Choices 95 Tax");a twenty-five hundredths percent(0.25%) tax for the purposes of street maintenance(the"Street Maintenance Tax");and a twenty-five hundredths percent (0.25%)tax for the purpose of the acquisition,construction, enhancement,and maintenance of trail systems,wildlife habitat,and other natural areas to benefit the citizens of the city(the"Natural Areas Tax"); and WHEREAS, the aforementioned sales and use taxes will expire at midnight on December 31, 1997; and WHEREAS,the City Council believes it would be in the best interests of the citizens of the city to extend said taxes for an additional eight-year period of time to generate additional revenues for purposes similar to those for which the taxes were originally imposed; and WHEREAS,under Article X, Section 20 of the Colorado Constitution, any such extension would require a vote of the people; and WHEREAS,pursuant to Resolution 95-113,City Council adopted as one of its key"themes" for its 1995 - 1997 Policy Agenda the development of an on-going capital improvement program which addresses development-related infrastructure projects, as well as major enhancements to the community; and WHEREAS, during its December 12, 1995 Study Session on the "Building Community Choices" Capital Improvement Program, the City Council directed staff to develop a process by which to review and recommend capital projects, maintenance needs, and acquisitions for which authorization for continued funding will be sought from the voters of the city; and WHEREAS,the City Council further directed that the City's boards and commissions serve as the initial reviewing and recommending body for this effort,and that public input for this program be sought through a variety of forums including: video presentations, public meetings, service club presentations, surveys,public media and special event outreach; and WHEREAS, the City's boards and commissions have considered and estimated the community's capital improvement needs for the next twenty-year period; and WHEREAS,staff has presented the recommendations from the boards and commissions and citizens to the City Council, and has worked with the Council through a series of study sessions to review the recommendations and develop a list of possible projects to be funded through the "Building Community Choices" Capital Improvement Program; and WHEREAS,on January 14, 1997,the City Council adopted Resolution 97-7 which identified those purposes and projects that the Council believes should be presented to the City's voters at the April 8, 1997 regular municipal election; and WHEREAS, the purpose of this Resolution is to exercise the Council's authority under Article X, Section 3 of the City Charter to submit to the vote of the people a proposed ordinance extending the existing Choices 95 Tax for a period of eight years for the purpose of funding the construction of a portion of the capital projects described in the "Building Community Choices" Capital Improvement Program. NOW,THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That there is hereby referred to the registered voters of the City at the next regular City election to be held on April 8, 1997, the question of whether the following ordinance should be adopted: ORDINANCE NO. 31, 1997 OF THE COUNCIL OF THE CITY OF FORT COLLINS EXTENDING THE EXISTING TWENTY-FIVE HUNDREDTHS PERCENT (0.25%)"CHOICES 95"CAPITAL PROJECTS SALES AND USE TAX FOR A PERIOD OF EIGHT YEARS FOR THE PURPOSE OF OBTAINING FUNDS FOR THE CONSTRUCTION OF CERTAIN COMMUNITY ENHANCEMENT CAPITAL PROJECTS AS DESCRIBED IN THE`BUILDING COMMUNITY CHOICES"CAPITAL IMPROVEMENT PROGRAM WHEREAS,the City of Fort Collins has heretofore enacted a comprehensive retail sales and use tax,which enactment is codified in Chapter 25, Article III of the Code of the City of Fort Collins ("the Code"); and 2 WHEREAS, the amount of such tax presently imposed by the Code, as contained in Section 25-75(a) thereof, includes a twenty-five hundredths percent (0.25%)tax for funding the construction of certain capital projects as determined by the Choices 95 Executive Committee and approved by the City Council (the "Choices 95 Tax"); and WHEREAS, the Choices 95 Tax is scheduled to expire at midnight on December 31, 1997; and WHEREAS,on January 14, 1997,the City Council adopted Resolution 97-7 identifying various projects that it believes should be funded by the extension of the existing sales and use taxes referred to above, and has submitted to the registered electors of the City the question of whether an ordinance extending the Choices 95 Tax for a period of eight years should be enacted to obtain additional revenues for the acquisition, construction, enhancement and maintenance of certain capital improvement projects as described in the City's "Building Community Choices" Capital Improvement Program; and WHEREAS, at the regular City election on April 8, 1997, the voters of the City of Fort Collins approved the extension of such tax for the foregoing purposes and determined that,upon the expiration of the Choices 95 Tax, it is necessary and desirable that a new twenty-five hundredths percent(0.25%) sales and use tax on all taxable items be imposed,subject to the exceptions contained in Section 25-73(c)and (d) of the City Code, commencing January 1, 1998, for the purpose of obtaining revenues for the above-referenced capital projects. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS,as follows: Section I. That Section 25-75(a)of the Code of the City of Fort Collins is hereby amended to read as follows: Section 25-75. Rate of tax. (a) The amount of tax hereby levied is (insert total -- not to exceed present level of three)percent of the purchase price of tangible personal property or taxable services. Twenty-five one-hundredths (0.25)percent of such amount is a tax which shall expire at midnight on December 31,2005,and the proceeds of which shall be placed in the capital projects fund of the city for the construction of certain capital projects as identified in Ordinance No. 31, 1997, and approved by the City Council according to the provisions of said Ordinance. 3 I Section 2. That the revenue generated by the twenty-five hundredths percent (0.25%) sales and use tax imposed pursuant to this Ordinance (the "Tax") shall be used,to the extent that such revenues are sufficient, for the capital projects described on Exhibit"A",attached hereto and incorporated herein by this reference, subject to the following terms and conditions: (a) The design,cost and scheduling of said projects shall be determined by the City Council; provided, however, that no decision regarding the design or cost of any such project shall substantially change the essential character, or eliminate any of the components, of said project as described on Exhibit "A", except as expressly permitted under subsection 2(b) below. This provision shall not be construed as prohibiting the City Council from: (i) enhancing the scope or design of any project, or increasing the cost thereof,unless such enhancement or increase in cost would substantially impair the City's ability to fully fund the construction of any of the other projects described on Exhibit "A", except those projects, if any, which have been eliminated by the City Council pursuant to the provisions of subsection(b) below;or (ii) using any other revenues lawfully available to the City to enhance the scope or design of any such project,or to increase the cost of the same. (b) With the exception of the EPIC Studio Ice Rink Project, the construction of all of the projects described on Exhibit"A" shall be undertaken and completed by the City unless the City Council determines by resolution, after receiving a recommendation from the City Manager and the City's Financial Officer, that it is no longer legally or financially feasible to undertake and complete any such project without substantially altering the essential character of the same as described on Exhibit"A". Notwithstanding the foregoing, the construction of the EPIC Studio Ice Rink Project shall be expressly contingent upon the City's receipt of supplemental funding, or in-kind contributions, for such project from the private sector, having a value of at least 22%of the estimated cost of the project as determined by the City Council. Said cost determination and the determination whether to proceed with the EPIC Studio Ice Rink Project shall be made by the City Council,after receiving a report and recommendation from the City Manager and the City's Financial Officer, no later than December 31, 2005. 4 J . Section 3. That any revenues generated by the Tax and remaining unexpended and unencumbered after the completion of the construction of all of the projects described on Exhibit "A", excluding any such projects eliminated by the City Council under the provisions of Section 2 (b) above,may, in the discretion of the City Council, be used for any capital project approved by the City Council. Section 4. That the full amount of revenues derived from the Tax may be retained and expended by the City,notwithstanding any state revenue or expenditure limitations including,but not limited to,those contained in Article X, Section 20 of the Colorado Constitution. Section 5. That the amendment of Section 25-75(a) of the City Code as set forth herein shall take effect at 12:01 a.m. on January 1, 1998. Section 6. That except as provided herein,all other provisions of Chapter 25 of the City Code shall remain in full force and effect unless otherwise rescinded or modified by action of the City Council. Section 2. That proposed Ordinance No. 31, 1997 of the Council of the City of Fort Collins is hereby submitted to the registered electors of the City of Fort Collins at the next regular municipal election to be held on April 8, 1997 in substantially the following form: 5 PROPOSED ORDINANCE NO.31, 1997 AN ORDINANCE OF THE CITY OF FORT COLLINS EXTENDING,FOR A PERIOD OF EIGHT YEARS,THE EXISTING SALES AND USE TAX FOR CHOICES 95 CAPITAL PROJECTS,AT THE RATE OF 0.25% (250 ON A $100 PURCHASE), WHICH TAX IS PRESENTLY SCHEDULED TO EXPIRE DECEMBER 31, 1997; PROVIDING THAT THE REVENUES DERIVED FROM THE EXTENDED TAX WOULD BE USED, IF SUFFICIENT, FOR THE FOLLOWING CAPITAL PROJECTS,AS PART OF THE"BUILDING COMMUNITY CHOICES"CAPITAL IMPROVEMENT PROGRAM": I. STREET/TRANSPORTATION PROJECTS: PROSPECT ROAD IMPROVEMENTS,POUDRE RIVER TO SUMMITVIEW NORTHEAST TRUCK ROUTE TAFT HILL ROAD IMPROVEMENTS,DRAKE TO DERBY SHIELDS STREET IMPROVEMENTS,HORSETOOTH TO TROUTMAN 2. OTHER CAPITAL PROJECTS: NEW NORTHSIDE AZTLAN COMMUNITY CENTER CITY/SCHOOL DISTRICT COMMUNITY PROJECTS LAND ACQUISITION AND/OR INITIAL DESIGN FOR A NEW POLICE BUILDING LIBRARY COMPUTERS AND INFORMATION ENHANCEMENTS EPIC STUDIO ICE RINK LAND ACQUISITION AND/OR INITIAL DESIGN FOR A NEW LIBRARY LAND ACQUISITION AND/OR INITIAL DESIGN FOR A NEW PERFORMING ARTS CENTER AND FURTHER PROVIDING THAT THE COST,DESIGN,AND SCHEDULING OF THE PROJECTS WILL BE DETERMINED BY THE CITY COUNCIL;THAT THE FULL REVENUES DERIVED FROM THE TAX MAY BE RETAINED AND EXPENDED BY THE CITY FOR SUCH PURPOSES,NOT WITHSTANDING ANY STATE REVENUE OR EXPENDITURE LIMITATION INCLUDING, WITHOUT LIMITATION ARTICLE X,SECTION 20 OF THE COLORADO CONSTITUTION;AND THAT ANY EXCESS REVENUES GENERATED BY THE TAX SHALL BE USED FOR SUCH CAPITAL PROJECTS AS MAY BE APPROVED BY THE CITY COUNCIL. FOR THE ORDINANCE AGAINST THE ORDINANCE 6 Passed and adopted at an adjourned meeting of the Coun ' of t City of Colli s held this 1 lth day of February, A.D. 1997. f' ayor ATTEST: 2 City Clerk 7 Exhibit A Building Community Choices: Community Enhancement Projects PROJECT DESCRIPTION Estimated Cost 1996 Dollars Prospect Road Improvements,Poudre River to Summitview Drive $4,100,000 This project will widen Prospect Road from the Poudre River to Summitview Drive providing bicycle lanes,two travel lanes,a left turn lane, and a sidewalk to enhance the safety of bicyclists, pedestrians, and motorists. Presently, the road is not protected from major floods. Portions of the roadway will be raised and a bridge will be constructed to protect the road from the 100 year flood. Planning, design, right-of-way acquisition and other project costs may be included. Northeast Truck Route $3,000,000 This project will provide for the planning,design,right-of-way acquisition and/or other project costs associated with road improvements for an alternative truck route in the northeast quadrant of the City. Taft Hill Road Improvements, Drake to Derby S 5,000,000 Taft Hill Road south of Drake is a two-lane street. This project will widen this section of Taft Hill Road to a full arterial street to increase capacity and improve the level of service. These improvements, including curb, gutter and sidewalk, will provide safer and more effective facilities for pedestrians and bicyclists. Planning, design, right-of-way acquisition and other project costs may be included. Shields Street Improvements, Horsetooth to Troutman $ 500,000 Most of the arterial street improvements along this section of Shields Street have been or will soon be completed in conjunction with adjacent development. The few remaining undeveloped sections create"gaps"in the arterial roadway. Filling in these gaps will improve the safety and capacity of this section of the arterial street network. Full arterial improvements including curb, gutter and sidewalk will also provide safer and more effective facilities for pedestrians and bicyclists. Planning, design, right-of-way acquisition and other project costs may be included. New Northside Aztlan Community Center Construction $6,940,000 This project will replace the Northside Aztlan Community Center with a new, larger, full service recreation facility. The new center will be located in the downtown or north Fort Collins area,and will include such amenities as a double gymnasium, classrooms, exercise rooms, a youth center, and playground and picnic areas. Exhibit A PROJECT DESCRIPTION (CONTINUED) Estimated Cost 1996 Dollars City/School District Community Projects $600,000 These projects provide funding to create shared facilities with Poudre School District. These facilities may include shared ballfields, gymnasiums, and/or libraries. Land Acquisition and/or Initial Design for New Police Building $1,703,000 This project will provide land for a new Police Building. If land is acquired for less than the estimated cost,the remaining money will be used for design of the Police Building. Library Computers and Information Enhancements $3,2007000 This project will provide upgraded computers for library customers. The computers will allow improved access to library materials,the Internet,the world wide web and the databases of other libraries. EPIC Studio Ice Rink $2,500,000 A studio ice rink, that will be smaller than the EPIC ice arena, will be added to enhance the EPIC facility. The new rink will provide more ice time for programs such as the city's leam-to-skate program, figure skating, youth and adult hockey and drop-in skating. Land Acquisition and/or Initial Design for New Library $2,300,000 This project will provide land for a new library. If land is acquired for less than the estimated cost,the remaining money will be used for design of the library. Land Acquisition and/or Initial Design for New Performing Arts Center 51,575,000 This project will provide land for a new Performing Arts Center. If land is acquired for less than the estimated cost, the remaining money will be used for design of the Performing Arts Center. ATTACHMENT 3 City Manager i 1 City of Fort Collins MEMORANDUM Date: September 12, 2000 - To: Mayor and City Council Y From: John F. Fischbach, City Manager �' 1 4 Re: "Paper Trail" for"Excess Funds"in the Natural Areas and Parks Portion of Building Community Choices , Attached is an updated"paper trail"on the above reference projects. i If you have any questions, please let me know. I JFF/khh i i i t i I i 1 1 i i 1 i 1 1 1 r i i 3 i i l i , 3 i t 300 LaPorte Avenue • PO. Box 580 • Fort Collins,CO 80522-0580 • (970)221-6505 • FAX(970)224-6107 Community Planning and Environmental Services Natural Resources Department a i i City of Fort Collins MEMORANDUM DATE: September 11, 2000 TO: John Fischbach, City Manager THRU: Greg Byrne, CPES Director FROM: Tom Shoemaker, Natural Resources Director RE: Policy Direction for Excess Funds in Natural Areas and Parks Portion of Building Community Choices This memorandum responds to your request for information regarding the existing policy direction regarding any"excess" revenues that may be generated by the ''A cent sales tax for Parks and Natural 3 Areas within the Building Community Choices Program. j I s The policy direction regarding"excess" revenues is contained in the ballot language for Ordinance j No. 29, 1997 which was referred to the voters at the April 8, 1997 election, in Resolution 97-18 i which referred the matter to the voters, and in Resolution 98-62 which reaffirmed the Council's commitment to the Natural Areas Program and placed"inflation-adjusted"budgets on the park and trail projects funded through Building Community Choices. The full text of these measures is attached(language for Ordinance 29, 1997 is contained within Resolution 97-18). i Generally, Ordinance 29, 1997 continued the existing '/.cent sales tax for natural areas and trails which was approved by the voters in 1992. In addition to ongoing funding for natural areas and i trails, it provided funding for certain park projects. In terns of funding, the ordinance provided for: i (1) a minimum funding level of$27,000,000 for Natural Areas and Trails, (2)construction of the other projects according to descriptions contained in Exhibit A to the Ordinance with budgets set by I City Council, and (3) any excess revenues generated by the tax to be used for natural areas and j trails. The five capital projects to be funded from the program, and their original budgets were as i follows: 3 I • Natural Areas, Open Lands and Trails—Acquisition, Construction, Enhancement, and Maintenance. ($27,000,000 plus excess revenues generated by the tax) • Community Horticulture Center($2,000,000) • Fossil Creek Community Park Construction($8,000,000) • Community Park Improvements($450,000) • Regional Trails($1,250,000) i In 1998,a group of environmentalists expressed concern that the budgets for the park projects a funded through Ordinance 29 were being increased to account for inflation and rising costs, while the 1 natural areas portion of the tax received no adjustments. In response, Council adopted Resolution 1 98-62 which reiterated the Council's direction that excess revenues from the tax be used for natural areas and trails, and set maximum budgets for the park projects as follows: ? 281 N. College Ave. • PO. Box 580 • Fort Collins,CO 80522-0580 • (970)221-6600 • FAX(970)224-6177 • Natural Areas, Open Lands and Trails—Acquisition, Construction,Enhancement, and Maintenance. ($27,000,000 plus excess revenues generated by the tax) 4 • Community Horticulture Center($2,250,542 to be completed in 1999) • Fossil Creek Community Park Construction($9,829,167 to be completed in 2002) • Community Park Improvements($576,332 to be completed in 2004) • Regional Trails($1,678,418 to be completed in 2003) 3 9 Please let me know if you need any additional information. yYj i i j 1 a 1 j i3 i S. ry; J Y t i t i 4 f i 3 i 1 i i 1 j i { RESOLUTION 97-18 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING TO THE REGISTERED ELECTORS OF THE CITY AN ORDINANCE EXTENDING THE EXISTING TWENTY-FIVE HUNDREDTHS PERCENT(0.25%) SALES AND USE TAX FOR NATURAL AREAS AND TRAILS FOR A PERIOD OF ' EIGHT YEARS FOR THE PURPOSE OF OBTAINING ADDITIONAL REVENUE FOR NATURAL AREAS AND TRAILS AND FOR THE CONSTRUCTION OF CERTAIN PARK PROJECTS DESCRIBED IN THE"BUILDING COMMUNITY CHOICES" CAPITAL IMPROVEMENT PROGRAM 3 WHEREAS,the City of Fort Collins has enacted a comprehensive sales and use tax,which j enactment is codified in Chapter 25,Article III of the Code of the City of Fort Collins(the"Code"); 1 and a WHEREAS,the amount of such tax presently imposed by the Code,as contained in Section 25-75 (a) thereof, includes a twenty-five hundredths percent (0.25%) tax for the construction of certain capital projects as determined by the Choices 95 Executive Committee and approved by the j City Council in 1989(the"Choices 95 Tax');a twenty-five hundredths percent(0.25%) tax for the purposes of street maintenance and overlay (the "Street Maintenance Tax"); and a twenty-five hundredths percent(0.25%)tax for the purpose of the acquisition, construction,enhancement,and ' maintenance of trail systems,wildlife habitat,and other natural areas to benefit the citizens of the city(the"Natural Areas Tax"); and WHEREAS,the aforementioned sales and use taxes will expire at midnight on December 31, 1997; and WHEREAS,the City Council believes it would be in the best interests of the citizens of the city to extend said taxes for an additional eight-year period of time to generate additional revenues for purposes similar to those for which the taxes were originally imposed;and I WHEREAS,under Article X, Section 20 of the Colorado Constitution, any such extension i would require a vote of the people; and WHEREAS,pursuant to Resolution 95-113,City Council adopted as one of its key"themes" for its 1995 - 1997 Policy Agenda the development of an on-going capital improvement program which addresses development-related infrastructure projects,as well as major enhancements to the community;and 1 a WHEREAS, during its December 12, 1995 Study Session on the `Building Community Choices" Capital Improvement Program, the City Council directed staff to develop a process by which to review and recommend capital projects, maintenance needs, and acquisitions for which authorization for continued funding will be sought from the voters of the city; and i i i s i 1 s 3 t I i i WHEREAS,the City Council further directed that the City's boards and commissions serve as the initial reviewing and recommending body for this effort,and that public input for this program be sought through a variety of forums including:video presentations, public meetings, service club presentations,surveys,public media and special event outreach;and 3 a WHEREAS, the City's boards and commissions have considered and estimated the community's capital improvement needs for the next twenty-year period;and r WHEREAS,staff has presented the recommendations from the boards and commissions and citizens to the City Council,and has worked with the Council through a series of study sessions to ? review the recommendations and develop a list of possible projects to be funded through the "Building Community Choices'.'Capital Improvement Program;and 3 g WHEREAS,on January 14, 1997,the City Council adopted Resolution 97-7 which identified those purposes and projects that the Council believes should be presented to the City's voters at the April 8, 1997 regular municipal election;and a WHEREAS, the purpose of this Resolution is to exercise the Council's authority under Article X, Section 3 of the City Charter to submit to the vote of the people a proposed ordinance extending the existing natural areas tax for a period of eight years for the purpose of obtaining additional revenues for natural areas and trails and for the construction of certain park projects described in the"Building Community Choices"Capital Improvement Program. NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That there is hereby referred to the registered voters of the City at the next regular City election to be held on April 8, 1997,the question of whether the following ordinance y should be adopted: ORDINANCE NO. 29, 1997 OF THE COUNCIL OF THE CITY OF FORT COLLINS EXTENDING THE EXISTING TWENTY-FIVE HUNDREDTHS PERCENT (0.25%)SALES AND USE TAX FOR NATURAL AREAS AND TRAILS FOR A PERIOD OF EIGHT YEARS FOR THE PURPOSE OF OBTAINING j ADDITIONAL REVENUE FOR NATURAL AREAS AND TRAILS AND FOR THE CONSTRUCTION OF CERTAIN PARK PROJECTS DESCRIBED IN THE"BUILDING COMMUNITY CHOICES"CAPITAL IMPROVEMENT PROGRAM I a i i i i i 3 { 1 t WHEREAS,the City of Fort Collins has heretofore enacted a comprehensive retail sales and use tax,which enactment is codified in Chapter 25,Article III of the j Code of the City of Fort Collins("the Code"):and 9 1 1 WHEREAS, the amount of such tax presently imposed by the Code, as contained in Section 25-75(a) thereof, includes a twenty-five hundredths percent (0.25%)tax for funding the acquisition,construction,enhancement and maintenance of trail systems,wildlife habitat and other natural areas to benefit the citizens of the City(the"Natural Areas Tax");and WHEREAS, the Natural Areas Tax is scheduled to expire at midnight on December 31, 1997; and WHEREAS,on January 14, 1997,the City Council adopted Resolution 97-7 identifying various projects that it believes should be funded by the extension of the I existing sales and use taxes referred to above, and has submitted to the registered electors of the City the question of whether an ordinance extending the Natural Areas Tax for a period of eight years should be enacted to obtain additional revenues for ; the acquisition, construction, enhancement and maintenance of open lands, trail systems,wildlife habitat and other natural areas to benefit the citizens of the City and for the construction of certain park projects as described in the City's "Building Community Choices"Capital Improvement Program; and j WHEREAS, at the regular City election on April 8, 1997,the voters of the City of Fort Collins approved the extension of such tax for the foregoing purposes i and determined that,upon the expiration of the Natural Areas Tax, it is necessary and 1 desirable that a new twenty-five hundredths percent(0.25%)sales and use tax on all taxable items be imposed,subject to the exceptions contained in Section 25-73(c)and s (d) of the City Code, commencing January 1, 1998, for the purpose of obtaining additional revenues for open space, natural areas and trails and for the construction of certain park projects described in the `Building Community Choices" Capital Improvement Program. j NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS,as follows: 1 i Section 1. That Section 25-75(a)of the Code of the City of Fort Collins is hereby amended to read as follows: Section 25-75. Rate of tax. t (a) The amount of tax hereby levied is (insert total -- not to d exceed present level of three)percent of the purchase price of tangible 3 i j 9 1 i i i I j - 3 i personal property or taxable services. Twenty-five one-hundredths (0.25) percent is a tax which shall expire at midnight on December 31,2005,and the proceeds of which shall be used for the purpose of the acquisition,construction,enhancement and maintenance of trail systems,wildlife habitat and other natural areas to benefit the citizens of the city and for the construction of certain park projects as described in Ordinance No.29, 1997. Section 2. That the revenue generated by the twenty-five hundredths percent(0.25%) sales and use tax imposed pursuant to this Ordinance (the"Tax") shall be used for the acquisition,construction,enhancement and maintenance of open s lands,trail systems,wildlife habitat and other natural areas to benefit the citizens of the city and, to the extent that such revenues are sufficient, for the construction of 11 certain park projects,as described on Exhibit"A",attached hereto and incorporated j herein by this reference, subject to the following terms and conditions: 3_ (a) The design,cost and scheduling of said projects shall be determined I by the City Council; provided,however,that no decision regarding the design or cost of any such project shall substantially change the ; essential character, or eliminate any of the components, of said project as described on Exhibit "A", except as expressly permitted t under subsection 2(b) below. This provision shall not be construed _. as prohibiting the City Council from: (i) enhancing the scope or design of any project, or increasing { the cost thereof,unless such enhancement or increase in cost i would substantially impair the City's ability to fully fund the construction of any of the other projects described on Exhibit "A", except those projects, if any, which have been eliminated by the City Council pursuant to the provisions of subsection(b) below;or i (ii) using any other revenues lawfully available to the City to enhance the scope or design of any such project,or to increase the cost of the same. (b) All of the projects described on Exhibit"A"shall be undertaken and completed by the City unless the City Council determines by resolution,after receiving a recommendation from the City Manager and the City's Financial Officer,that: (i) the expenditure of revenues from the Tax for any such project would reduce the total amount of revenues available from the 4 s i i i i i- ---------------- --- _. . . . . I i 1 • 3 i_ Tax for the acquisition. construction, enhancement and maintenance of natural areas and trails to less than 1 $27,000,000.00;or l (ii) it is no longer legally or financially feasible to undertake and complete any such project without substantially altering the essential character of the same as described on Exhibit"A". Section 3. That any revenues generated by the Tax and remaining l unexpended and unencumbered after the completion of all of the projects described on Exhibit"A,"excluding any such projects eliminated by the City Council under L the provisions of Section 2 (b) (i) or (ii)above, shall be used for the acquisition, construction,.enhancement and maintenance of natural areas, open lands, trails, wildlife habitat and other natural areas as described on Exhibit"A". Section 4. That the full amount of revenues derived from the Tax may be retained and expended by the City,notwithstanding any state revenue or expenditure limitations including,but not limited to,those contained in Article X, Section 20 of j the Colorado Constitution. Section 5. That the amendment of Section 25-75(a) of the City Code as set forth herein shall take effect at 12:01 a.m.on January 1, 1998. .-. Section 6. That except as provided herein,all other provisions of Chapter 25 of the City Code shall remain in full force and effect unless otherwise rescinded or modified by action of the City Council, j Section 2. That proposed Ordinance No. 29, 1997, of the Council of the City of Fort Collins is submitted to the registered electors of the City of Fort Collins at the next regular election to be held on April 8, 1997 in substantially the following form: 1 y1 1 1 G Y 5 ;3 7 �1y 1 i i_ f 1 3 1 PROPOSED ORDINANCE NO. 29, 1997 j AN ORDINANCE OF THE CITY OF FORT COLLINS EXTENDING,FOR A PERIOD OF EIGHT YEARS,THE EXISTING SALES AND USE TAX FOR NATURAL AREAS AND TRAILS AT THE RATE OF 0.25%(25E ON A S100 PURCHASE),WHICH TAX IS PRESENTLY SCHEDULED TO EXPIRE DECEMBER 31,1997;PROVIDING THAT THE REVENUES OF THE EXTENDED TAX SHALL BE USED,IF SUFFICIENT,FOR THE FOLLOWING CAPITAL PROJECTS,AS PART OF THE"BUILDING COMMUNITY CHOICES"CAPITAL IMPROVEMENT PROGRAM: NATURAL AREAS,OPEN LANDS,AND TRAILS--ACQUISITION, CONSTRUCTION,ENHANCEMENTAND MAINTENANCE COMMUNITY HORTICULTURAL CENTER FOSSIL CREEK COMMUNITY PARK CONSTRUCTION COMMUNITY PARK IMPROVEMENTS _. REGIONAL TRAILS a AND FURTHER PROVIDING THAT THE COST,DESIGN AND SCHEDULING OF THE PROJECTS SHALL BE DETERMINED BY THE CITY COUNCIL; THAT THE FULL AMOUNT OF REVENUE FROM THE TAX MAY j BE RETAINED AND EXPENDED BY THE CITY NOTWITHSTANDING ANY STATE REVENUE OR i EXPENDITURE LIMITATIONS, INCLUDING, WITHOUT LIMITATION,ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION; AND THAT ANY EXCESS REVENUES GENERATED BY THE TAX SHALL BE E� f —7 USED FOR NATURAL AREAS AND TRAILS. j i 1 FOR THE ORDINANCES AGAINST THE ORDINANCE i I li a Passed and adopted at an adjourned meeting of the CouncjLofT$ City of Fort C�o ]lns j held this I Ith day of February, A.D. 1997. f ayor v � i ATTEST: �Tta..ut►la, c���Seh..,,+:�.sL�,. 1 I City Clerk 1 i 1 6 f i i i 1 5 i 3 { { 1 Exhibit A 4 Building Community Choices: Natural Areas and Parks Projects PROJECT DESCRIPTION Estimated Cost 1 1996 Dollars) Natural Areas,Open Lands and Trails--Acquisition,Construction, $27,000,000 Enhancement and Maintenance Provide funding to protect natural areas and other categories of open lands, such as corridors, community separators, gateways, edges, and small urban pockets. The project will provide funding for such programs as the permanent protection of significant natural areas and other open lands through land and water acquisition, conservation easements and other techniques; the restoration or enhancement of disturbed or degraded areas; the installation of parking areas, traits, interpretive signs, and other features for appropriate public use; the development of environmental interpretation programs;and the continuation of a stewardship fund to provide for long-term programs care of protected lands. Projects will be undertaken within Fort Collins and the Urban Growth Area, in the area between Fort Collins and Loveland,and regionally. Community Horticulture Center $2,000,000 The Community Horticulture Center will include such amenities as a greenhouse/ conservatory, an outdoor amphitheater, and demonstration and community ? gardens. The center will provide year-round opportunities to learn about gardening. It will also serve as a resource for plant materials by, for example, i providing flowers for parks and streetscapes, native plants for natural areas 1 restoration and food for the Food Distribution Center. Fossil Creek Community Park Construction $8,000,000 The City owns 100 acres of land located just west of SouthRidge Golf Course. The purpose of this project will be to develop this land into a community park which will include such amenities as lighted ballfields, soccer/sports fields, playgrounds, picnic shelters, basketball and tennis courts, trails and related t facilities. # 9i9 Community Park Improvements $450,000 This project will add improvements to City owned community parks(City Park, j Edora, Lee Martinez and Rolland Moore). The project will include such improvements as ballfield and parking lot renovations, ballfield lighting upgrades and restroom improvements. Regional Trails $1,250,000 1 The cities of Fort Collins, Loveland, and Greeley. the towns of Timnath and Windsor,and Larimer County anticipate working together to create a regional trail d system linking all these communities. This project will provide funding for Fort Collins'share of this regional trail system,by expanding sections of the City's trail system to its urban growth area boundaries. j i i i 1 i i 3 1 1 T 1 . 1 i RESOLUTION 98-62 9 OF THE COUNCIL OF THE CITY OF FORT COLLINS REAFFIRMING CITY COUNCIL'S COMMITMENT TO THE NATURAL AREAS PROGRAM AND TO THE ACQUISITION OF LAND THROUGH THAT PROGRAM IN A TIMELY AND COST EFFECTIVE MANNER 3 WHEREAS, in April 1997, as part of the Building Community Choices capital projects program,the voters of the City of Fort Collins approved Ordinance No.29, 1997(the"Ordinance"), which authorized a quarter-cent sales tax(the"Natural Areas and Parks Tax")to be collected for the purposes of funding the City's Natural Areas Program and certain parks projects;and WHEREAS,the term of the Natural Areas and Parks Tax began January 1, 1998,and will run through December 31,2005;.and WHEREAS, the Ordinance authorizes and requires the City to use at least twenty-seven million dollars ($27,000,000) from the proceeds of the Natural Areas and Parks Tax to fund its Natural Areas Program, to the extent that such tax revenues equal or exceed said amount;and WHEREAS,the Ordinance also authorizes the construction of four park-related projects,to the extent that additional revenues from the Natural Areas and Parks Tax are sufficient for such purposes, which projects include a community horticulture center,certain park improvements,the development of Fossil Creek Community Park,and funding for a regional trails program(the"Parks j Projects");and WHEREAS,the Parks Projects have been described in the Ordinance in general terms,with construction cost estimates based on 1996 dollars;and i WHEREAS,the Ordinance requires that any excess revenues which are collected as a result of the Natural Areas Tax, after the completion of all of the Parks Projects, must be committed to i further funding of the City's Natural Areas Program; and WHEREAS,the Council wishes to take a fiscall} responsible approach to the allocation of 1 funds to the Parks Projects;and ! s r WHEREAS, in the face of ever escalating land cost, the Council wishes to maximize the i City's ability to purchase natural areas by augmenting staff and financial resources without compromising the integrity of the Park Projects approved by the voters. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: l Section 1. That the Council reaffirms its commitment to the funding ofthe Natural Areas Program and to the fulfillment of its obligations under Ordinance No. 29, 1997. i t l 1 n 1 i i i 7 Section 2. That the Council directs staff to explore opportunities to augment its natural areas land acquisition program through the use of real estate professionals,or such other methods _ as may ensure that the City effectively achieves the goals set out in the City's Natural Areas Policy Plan. i Section 3. That the Council will consider opportunities to supplement revenues from the Natural Areas and Parks Tax with other revenue sources which are lawfully available to it, should j opportunities arise which require more funding for the Natural Areas Program than is available under the approved funding schedule for revenues from the Natural Areas and Parks Tax. l Section 4. That in order to ensure that adequate excess revenues are available for natural �} area purposes after the completion of all of the Parks Projects,those projects shall be constructed �— according to the descriptions contained in Exhibit A to Ordinance No.29, 1997,with the maximum amount of revenues from the Natural Areas and Parks"lax not to exceed the amount shown below, and in accordance with the following schedule: Maximum Natural Year to be Completed 4 Areas and Parks Tax E_penditure (including inflation) Community Park Improvements $ 576,332 2004 ll Community Horticulture Center $2,250,542 1999 Fossil Creek Community Park $9,829,167 2002 Regional Trails $1,678,418 2003 j Section 5. That at such time as the existing Natural Areas and Parks Tax expires, the Council supports submitting the extension of such tax to the registered electors of the City,so as to j ensure the ongoing funding of the Natural Areas Program. Section 6. That nothing in this Resolution shall be construed as superseding the provisions of Ordinance No. 29, 1997. Passed and adopted at a regular meeting of the Council of e Ci 6f Fort Co 'ns held is j 19th day of May, A.D. 1998. Mayor ATTEST: City Clerk j 4 9 A i_