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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/01/2011 - FIRST READING OF ORDINANCE NO. 010, 2001, APPROPRI DATE: February 1, 2011 STAFF: Matt Robenalt Kathy Cardona - First Reading of Ordinance No.010,2001,Appropriating Prior Year Reserves in the Downtown Development Authority Fund for Expenditure on Projects in Accordance with the Downtown Plan of Development. EXECUTIVE SUMMARY This Ordinance will appropriate unanticipated revenue from interest earnings in the amount of$242,561,from project savings in the amount of$289,294 and from the 2010 Bond Series"Bonded but not Appropriated" bond proceeds in the amount of$809,145 for a total appropriation of$1,341,000. The DDA Board has authorized the expenditure on the various projects and programs. BACKGROUND / DISCUSSION The Downtown Development Authority(the"DDA")was created in 1981 with the purpose, according to State statute, of planning and implementing projects and programs within the boundaries of the DDA. The DDA and City adopted a Plan of Development that specifies the projects and programs the DDA would undertake. In order to carry out the purposes of the State statute and the Plan of Development the City, on behalf of the DDA, has issued various notes . and tax increment bonds. The first issuance of tax increment bonds occurred in 1984 with subsequent issues through 2010. Over the past year, proceeds from DDA tax increment finance (TIF) revenues that have not been spent have accumulated interest earnings. These funds, as well as the project savings, need to be appropriated for expenditure. The amount of interest earnings is currently $242,561 and project savings is $289,294. Also, the DDA needs to appropriate 2010's bond proceeds that were earmarked "Bonded but not Appropriated". These funds need to be appropriated for expenditure and the amount is $809,145. Staff has provided DDA Board minutes for three of the projects. Three of the projects were identified in Ordinance No. 091, 2010 (Attachment 3). The request for miscellaneous funds will cover projects committed to by the DDA Board before the estimated 2012 Bond Issuance. All the projects/programs listed for funding through this appropriation have been approved by the DDA Board of Directors. All approvals by the DDA board are made contingent upon City Council appropriation of these funds to fulfill the Authority's commitment to the projects. With the exception of those projects or programs which are purely public in nature,no DDA expenditures will be made until projects are completed and have met all DDA requirements for reimbursement, including but not limited to evidence of a letter of completion or certificate of occupancy from the City. FINANCIAL/ ECONOMIC IMPACTS The DDA Board has authorized expenditure on the following projects or programs which will be funded with this appropriation: 1. Fifth Year Funding of Beet Street $ 500,000 2. 401 South Mason Fagade Improvements 192,000 3. 2010 Alley Enhancement Project—Maintenance (Three Years) 154,145 4. DDA Warehouse Operations and Maintenance (Three Years) 120,000 5. Downtown Holiday Lights for the 2011/2012 Season 35,000 6. Hotel Consultant Team Additional Scope of Work 25,000 7. Miscellaneous - Reserved for Projects Committed to by the DDA Board before the next Bond Issuance 314,855 $1,341,000 February 1, 2011 -2- ITEM 13 STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BOARD /COMMISSION RECOMMENDATION The Downtown Development Authority Board of Directors passed and adopted at a regular meeting of the Board of Directors of the Fort Collins Downtown Development Authority Resolution 2011-01, recommending to the Fort Collins City Council the appropriation of$1,341,000. ATTACHMENTS 1. Fort Collins Downtown Development Authority Board Resolution 2011-01 2. Fort Collins Downtown Development Board of Directors meeting minutes relating to the summary and approval of the projects/program: - Fifth Year Funding of Beet Street—December 9, 2010 -401 South Mason Facade Improvements—August 2, 2010 - Hotel Consultant Team Additional Scope of Work—September 9, 2010 3, Fort Collins Ordinance No.091,2010,Appropriating Proceeds from the Issuance of DDATaxable Tax Increment Revenue Bonds, Series 2010A and Tax-exempt Tax Increment Revenue Bonds, Series 2010B, for the Purpose of Making Certain Capital Improvements, Capital Projects and Development Projects within the Downtown Area. ATTACHMENT 1 t RESOLUTION 2011-01 OF THE BOARD OF DIRECTORS OF THE FORT COLLINS DOWNTOWN DEVELOPMENT AUTHORITY RECOMMENDING TO THE FORT COLLINS CITY COUNCIL THE APPROPRIATION OF S15341,000 (ONE MILLION, THREE HUNDRED, FORTY ONE THOUSAND DOLLARS) INTEREST EARNINGS, PROJECT SAVINGS AND 2010 BOND SERIES"BONDED BUT NOT APPROPRIATED" PROCEEDS IN THE FORT COLLINS DOWNTOWN DEVELOPMENT AUTHORITY FUND FOR EXPENDITURE ON PROJECTS IN ACCORDANCE WITH THE DOWNTOWN PLAN OF DEVELOPMENT WHEREAS, the Fort Collins Downtown Development Authority has been duly organized in accordance with the Colorado Revised Statutes 31-25-804, 1973 as amended; and, WHEREAS, tax increment bond proceeds-fi•onn 2009 though December 2010 have accrued interest earnings of$242,561 and project savings of$289,294; and WHEREAS, the Fort Collins Downtown.Developmeut Authority through the City of Fort Collins issued bonds in 2010 and did not appropriate all proceeds of$809,145; and i WHEREAS, said interest earnings, project savings, and bond proceeds must be appropriated by the Fort Collins City Council for expenditure on downtown projects in accordance with the Downtown Plan of Development adopted by City Council by Resolution 81-129, September 8, 1981, NOW,THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE FORT COLLINS DOWNTOWN DEVELOPMENT AUTHORITY to recommend to the Council of the City of Fort Collins the appropriation for expenditure from the tax increment fund in accordance with the Downtown Plan of Development, interest earnings in the amount of$242,561 (Two Hundred, Forty Two Thousand, Five Hundred and Sixty One Dollars), project savings in the amount of$289,294 (Two Hundred, Eighty Nine Thousand,Two Hundred and Ninety Four Dollars) and 2010 Bond Proceeds of$809,145 (Eight Hundred,Nine Thousand, One hundred and Forty Five Dollars). Passed and adopted at a regular meeting of the Board of Directors of the Fort Collins Downtown Development Authority this 13"'day of January, 2011.` I Patty S e cer, Chair ;J � ramhall, Alternate Secretary ATTACHMENT 2 i DDA Minutes December 9,2010 pg. Wynne Odell asked for a clarification of the meaning of"live-work"dhich architect Jim BothN 0104 provided. Darin Atteberry commented that he felt this was a great response to reconune ons and a valued addition to the Mason Corridor. George Brelig provided detailed collie the materials used and design changes. Ken Marmon added that the design looks good and_.tW its With the original covenants to provide main level retail. Astrid noted the proximit trauns and noise levels. Kevin Brhiluuan responded that noise is a concern and that they w ' tempting some accommodation to the problem,however the cost of noise-proof window w ohibitive. Moved by Ms.Odell,seconded by ell.• To approve the staff recommendation and commit funding for up to$160,000 at norize the Board Chair to enter into an agreement for the east- facing facade,contin noon owner submission of all DDA requirements for project reimbursement ' nding actual cost accounting documentation,certificate of liability insurance, and gran agade easement by the owner and that the project be subject to pay up to 5%of the legs s for the new agreement and all of the legal fees for revising the agreement with Coburn, ed February 12,2009.The motion passed unauimonsly. REVISED BEET STREET 2011 BUDGET Patty Spencer invited members of the Beet Street Board present to cone to the table for the discussion of the Beet Street budget. She noted that she has submitted her resignation from the Beet Street Board of Directors and appreciates the vision and hard work of that board and staff. Matt Robenalt gave background to the discussion. He reminded the Board that the 2011 budget had first been presented at the DDA retreat. Following the retreat,the DDA budget and finance committee had questions which were posed to Beet Street in response to the new financial reality facing the DDA. In response to those questions,Beet Street has presented a new budget for Board approval. Beet Street board member Steve Taylor presented(lie budget. He prefaced his remarks with a tribute to the DDA,City govenunent,Downtown Business Association and Convention and Visitors Bureau in making downtown Fort Collins a vital and successfid place and his desire to see Beet Street annong the list of strong- contributors to that success. Highlights of the budget are that 2011 will be the final year of DDA funding for Beet Street. In 2011 the DDA.has proposed approving use of the 2010 fund balance in the approximate amount of$530,000 to be the first fiords expended to pay for 2011 budgeted expenses.Further,approval is recommended of$250,000 in additional fluids to pay for 2011 budgeted expenses to be utilized after the fund balance is expended. Filially,by no later than December 31,2011,the DDA Board will consider the approval of up to$250,000 as a performance challenge grant to match Beet Street revenues on a one-to-one basis. In kind contributions and other non-cash revenues are specifically excluded from(he challenge grant. Additionally,the budget/finance committee reconiniends the restatement of the DDA/Beet Street agreement to reflect the revised budget and work plan,and to identify that the DDA's historical finding structure for Beet Street will conclude at the end of 2011. The restated agreement will also define steps to be taken in 2011 by Beet Street to shift employment status of Beet street staff from employees of the DDA to employees of the 50l(c)(3)organization,and provide for the migration from Beet Street's use of the DDA accounting system to an independent system better suited for non-profitaccounting. This agreenent will be brought to the Board for adoption. With these recommendations in mind Beet Street has reviewed and revised their work plan,five-year projections and budget. A sunumary of changes was presented,which include budget savings of approximately$100,000. Work plan revisions include no longer adding two additional culture cafes,no longer making a financial contribution to the MOCA Ansel Adams exhibit.Beet Street will still provide marketing services to MOCA for the exhibit.Homegrown Fort Collins will be discontinued. Beet Street feels that these changes are prudent and timely and will not affect their ability to move forward. DDA Minutes December 9,2010 pg.5 Moved by iMs.Odell,seconded by Mr.Marvel: To accept the staff recommendation to approve the Beet Street budget and work plan,and to commit funding to Beet Street for the reserve fluid balance of approximately$530,000 plus up to$500,000 in additional funds-$250,000 to be granted when reserves are expended and up to$250,000 as a performance challenge grant to match Beet Street revenues on a one-to-one basis by no later than December 31,2011. The motion passed unanimously. BEET STREET BOARD APP0I1NTMENTS Beet Street Board Chair Blue I-lovatter addressed the Board,thanking Patty Spencer for her years o ice to the Beet Street Board of Directors.. He noted that the existing agreennen�'between Beet nd the DDA calls for an additional DDA board member to serve on the Beet�treet board. a iley added that this provision was to provide for oversight of public fiords and tI he agre can be changed to reflect that there need be only one DDA board member,while continu' g th e relationship between the two organizations and maintaining fiduciary responsibility. Mc peffalian is currently the only DDA representative on the Beet Street Board. None of the bo embers present volunteered to serve. Mr.Hovatter suggested that Beet Street coul 'de more detailed quarterly reports as an alternative to increased DDA representation. He add at7et Street was willing to have more DDA representation but realized the required time con cents 6uld be difficult and added that they would want aboard representative who believes i missio of Beet Street. Matt Robenalt recommended that the Executive Committees of both boar feet quartq y to fulfill communication and oversight requirements. Patty Spencer thanked Mc e Callahan fer his service. He responded that he enjoyed serving on the other boards and feels' s benefit to th community. Steve Taylor thanked the DDA for the vote of support for Beet Street ng that it has en a turbulent and risky project. He added that Ryau Keiffer has straight the course for is organization. Mr.Keiffer answered Board questions noting that Beet Str s nnissioit and strafegy remains the same. They will work on improved outreach and brand d ,elopnnent and help Fort Collins see itself as an arts community. PIANOS ABOUT TOWN/ART IN ACTION The Bohemian Foundation, in collaboration with the DI�Aan�n Public Places,has h d a new program call"Pianos About Town,"modeled on a,ii afar project in Denver. .Pian e placed in familiar areas of downtown,providing the opportt nfty for people to spouta y sit down and play. Two pianos,painted by local artists,have been place in Old Town Squar pilot project. DDA,Bohemian Foundation and APP staffs are exploring the ossibility of int rig the project with Art in Action 2011, in which selected artists would paint pnan in Old To uare. Board members agreed that this wo id" be at Art in Action project. Staff will work with the Bohemian Foundation and Art in Public PI Ce arify the DDXs role with a written agreement and bring it back for Board approval. Board in rs George Brelig and Ellen Zibell agreed to remain of the Art in Action committee. i i OTHER BU SS No ot—heermess was discussed. There being no further business the meeting adjourned at 9:50 a.m. I JennY Bran h Alternate Seer i I i i f DDA Minutes August 12,2010 pg- slue and to attend City Council meetings when this is discussed,noting that this could severely affe fu e City tax base. Lively Bo discussion followed. Matt Robenalt said that he would contact�l eUtility Dep rent,study the issue and e ate the impact on the DDA. Darin Attebeny added tha his had not be decided yet and would be vette ough regular boards and commissions process well as be a to of a Council work session. Jim Rei d requested that UniverCity.Connectionss e included in th rocess. Board members requested update d thatCity Stontt Water staff pres ift infonriation to Board. BEET STREET UPDATES Blue Hovatter,Board President,presen the Beet St- report: He noted t to lot is happening at Beet Street and summarized current activities. Beet SP.4twebsite and net etter have been redesigned. Streetnosphere has been very successful and r-gram has received y positive feedback. Creative Garden,which will be part;of the Bohemian Nigll) 'tNewWestFest,." 11 take place next weekend. Homegrown Fort Collins is planned for Septet tiler. a move to - gadro's for Science Cafe has been very successful and new cafes are planned. I PRIORITY PROJECTS UPDATE& EGULAR UPI) S i Kelly Ohlsorn praised the work done the fagade monito ' p .'ect. There were no further comments or questions on updates. The sales to eport was not pr nted. CONSENT AGENDA. Resolution Opposing Prop� ition 101 a Amendments 60 and 61: D staff and legal counsel believe that these ballot nt 5suresare imental to the DDA. They requeste he Board approve a resolution opposing tltes measu Amendment to ZO10 rt in ion Contract: The Board approved a contractual reement with Jim Lynxwiler,the 2010 rt ction artist;at the May 2010 meeting. Since that time t artist has requested two changes to the act. The first change requests clarification that the second cast will not occur on site. The second nge allows the artist to make up to four additional castings of the scu re for installation no oser than 100 miles of Fort Collins. According to Ellen Martin of the City, is is common language' ntracts with sculptors. Staff requested that the Board approve these changes. Mov Villiam Sears,seconded by David Zamzow: To approve the Consent Agenda ns pr eoted. The motion passed unanimously. 401 S.MASON.STREET—FUNDING REQUEST Justin Larson of JCL Architecture presented the funding request for a new office building to be located at 401 South Mason Street. The design was presented at the June meeting of the DDA Board.The property, located at the southwest corner of Magnolia and Mason,now houses a small structure. A five story, 14,000 square foot office building is planned for the site. There will.be a photovoltaic system on the roof and the developers hope to achieve LEED certification. Staff recommended that the project be funded for up to $192,000 for a tax increment investment and an additional$50,000 for a green building grant. Moved by Jack Wolfe,seconded by William Sears: To approve funding in amounts up to$192,000 for a tax increment investment and up to$50,000 for a green building grant for a total of up to $242,000 and authorize the Board Chair to enter into an agreement for the north and east facing facades,contingent upon the submission of all DDA requirements for project reimbursement including actual cost accounting documentation,certificate of liability insurance and grant of fagade easements by the owner.The motiorpassed unanimously. ANT RE UEST Architect Gopal Shrestha g e iistoric a merits of the design. The fagade improvements at 148 West Oak Street will i i s 2010 (p4gi e process;rather public input should have been sought first. That process is now underway. In response to question about whether this would apply to other Floodplains within the City, it w s noted that the regu ions would affect the Poudre River only. It was noted that Fort Collins already has the stronge Floodp 'n regulations in the state. Concern for the effect on potential development at Link N Gree vas also note long with the possible negative impact to DDA funding. Another C/Oncern was that t change in rules won affect property owners who had invested under one set of rules and now may fa a reduction in pr erty values. It was also mentioned that perhaps ideologyrather than other cerns were driving the push hange regulations. Others mentioned that this was perhaps an opport ty for a broader discussion and use, upstream mitigation efforts and economic impact. Kell hlson added that the discussion was dri n by a look at storm water in general and a need to look at b management practices for the 2 1"cell - . Noting that City Council wou e discussing this issue on December 21 S'tine ers of the Board discussed what would be an appropriate ro nd response for the DDA4 This presen it opportunity for Board members to provide feedback to C cil. A resolution was discussed b oard members-felt further conversation on the matter was neede Stormwater sttaaff noted that t would welcome any feedback. LINDEN STREET IMPROVEMENT P JEC� Anne Aspen introduced the progress of the L en/Street imp ement project,noting that the project had been before the Board for an update in May 20 Since tl the City.has received an additional$700,000 CMAQ grant with an 80/20 local match. If COrrlri1 ed A fluids are used for local match,the grant will bring a net increase to the project of$530,0p. Whi is new funding does not fill the full gap in the budget,it allows for greater ability to coil5huct a co t iensive project. Dean Klinger updated the Board on tit design ogress. T are in the final design phase with work in this fall and winter focusing on c '7an(I s tiring rights of y and easements. During the spring and sunnner of 201 I they hope to bid t le,proj and begin construe ' n. Highlights include a traditional/inter tion at Linden and Willow. tie proposed roundabout was deenned unfeasible given the railroad track at serves Ranch Way and the imp tto Northern Colorado Feeders Supply and El Burrito. Th�� n be enhancement at each of the corner vith a,plaza on the northwest portion of the intersection- T design reflects the industrial character of area as well as containing historic elements. New 6 n drains and sewers will be placed in the streets. There will be diagonal parking and bike lane . oard members expressed appreciation of the design icepts requesting that the project come back t re Board when they have specifics of the design such asp ers.and colors. EXECUTIV SSION Moved by 1 olfe,seconded by Mr.sears: To move to Executive Session to dis s determining positions lative to matters that may be subject to negotiations in regard to a downt t hotel l pill-Still to CRS 24-6-402(4)(e) This Executive Session for the purpose stated is autho ed I purs tit o CRS 24-6-402(4)(1)(1). The motion passed unanimously. vec by Mr. Wolfe,seconded by Ms.Odell: To move from Executive Session back to Regula Session. The motion passed unanimously. HOTEL CONSULTANT SCOPE OF SERVICES AMENDMENT Matt Robenalt introduced the proposal to amend the scope of services for hotel consultants RRC Associates due to the revised approach to hotel financing being considered which has required additional services by i the team. He noted that RRC completed Phase I in June and the Board identified that it desired to explore public/private financing structures to support an upscale branded hotel with conference facility. The original scope of services identified that it would be necessary to amend if something other than a traditional private venture was required. The amendment to the scope accommodates the following: 12 month extension to the contract term;reprogramming of unused consulting budget to accommodate more l detailed financial analysis; additional services for a variety of meetings and work sessions;and additional i I I � I I DDA Minutes September 9,2610 pg 5 services requested by the subcommittee to verify specifics of conference meeting spaces. The cost of the additional requested services is 525,000. Moved by Mr.Sears,seconded by Mr.Zamzow: To approve changes to the RRC Associates scope of services,a twelve month extension to the contract term and an increase in funding in the amount of up to 525,000. The motion passed unanimously. Q'NI'H 13USIN.... Proposet t Sales Tax: Board I t) Zellylson requested that sport the proposed increase in City sa es <. venny r 2010 ballot with n. Moved by Mr. Wolfe,seconded by Mr.S . . o direct DDA s a re a resolution in support of ballot measure 2B which c , it increase in City sales tax to be approve xecutive Committee of the B ne n o ion passed unanimously. AD N were being no further business the meeting adjourned at 12:20 p.m. 14 William ears, ecr ry g i i I I ATTACHMENT ORDINANCE NO. 091, 2010 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PROCEEDS FROM THE ISSUANCE OF CITY OF FORT COLLINS, COLORADO, DOWNTOWN DEVELOPMENT AUTHORITY TAXABLE TAX INCREMENT REVENUE BONDS, SERIES 2010A AND TAX-EXEMPT TAX INCREMENT REVENUE BONDS, SERIES 2010B, FOR THE PURPOSE OF MAKING CERTAIN CAPITAL IMPROVEMENTS, CAPITAL PROJECTS AND DEVELOPMENT PROJECTS WITHIN THE DOWNTOWN AREA OF FORT COLLINS WHEREAS, on April 21, 1981, the City Council adopted Ordinance No. 046, 1981, establishing the Fort Collins, Colorado, Downtown Development Authority; and WHEREAS,the Downtown Development Authority's Plan of Development was approved by the City on September 8, 1981, and established the purpose of the Authority and the types of projects in which the Authority would participate; and WHEREAS,on June 1, 1982,a special election was held pursuant to Section 31-25-807(b) of the Colorado Revised Statutes approving the issuance by the City of up to $25,000,000 in tax increment obligations to finance certain projects of the Downtown Development Authority; and WHEREAS,on November 7,2006,an election was held and electors approved the issuance by the City of up to S 150,000,000 in tax increment obligations to finance the costs of development projects of the.Downtown Development Authority; and WHEREAS,there is sufficient remaining bonding authorization available to fund additional projects in the downtown area, pursuant to Ordinance No. 090, 2010, as approved by the City Council this same date; and WHEREAS,through the adoption of Ordinance No. 090,2010,the City Council authorized the issuance of the City of Fort Collins,Colorado,Downtown Development Authority Taxable Tax Increment Revenue Bonds, Series 2010A and Tax-Exempt Tax Increment Revenue Bonds,.Series 2010B (the"Bonds"), in the maximum aggregate principal amount $14,000,000; and WHEREAS, the issuance of the Bonds, and the appropriation of the proceeds thereof, are necessary to complete the,construction of certain capital improvements, capital projects and development projects in the downtown area of the City; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations, in conjunction with all previous appropriations for that fiscal years, 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. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that, contingent upon the final sale and issuance of the Bonds, there is hereby I i appropriated for expenditure from Bond proceeds in the Downtown Development Authority Operating Fund in the maximum aggregate amount of FOURTEEN MILLION DOLLARS ($14,000,000) to be used, as defined in the attached Exhibit A. Introduced, considered favorably on first reading, and ordered published this 17th day of August,. A.D. 2010, and to be presented for final passage on the ay of September, A.D. 2010. I Mayo ' ATTEST: City-Clerk Passed and adopted on final reading on the 7th day of S i ber, A.D. 2010. 4ay ATTEST:. 4a City Clerk EXHIBIT A EXISTING COMMITMENTS Art in Action: Old Town Square'—2010 $66,700 Beet Street—4th Year Funding 500,000 Brendle Group Up to 108,000 City Drug Building Up to 100,000 Downtown River District Improvements 500,000 Flats at the Oval Up to 1,148,781 Fort Collins Brewery Up to 539,918 Funding of Downtown Police Officer 226,545 Holiday Lights 2010.201 1 35,000 Holiday Lights 2010-2012: City's Portion 60,000 Lincoln Center Acoustical Upgrades 621,855 Lincoln Center Intergovernmental Agreement Up to 165,827 Odell Brewery Expansion 378,142 Old Town Square Ice Rink 2009-2012 Up to 120,000 Old Town Square Video Camera Project Up to 10,000 OtterBox Up to 1,500,000 Snooze Up to 34,610 Miscellaneous Estimated at 1,248,237 Project Management Fees Estimated at 378.156 Maximum Aggregate of$7,741,770 RE-BONDING OF OPEN PROJECT COMMITTMENTS Penny Flats $252,085 Kayak course 2,000 Mason Corridor 600,000 i River District Improvements 500,000 Fort ZED 250,000 Coca-Cola Sign Restoration 10,000 i Maximum Aggregate of$1,614,085 TOTAL OPEN PROJECT COMMITMENTS $9,355,855 I UNAPPROPRIATED BOND PROJECT ACCOUNT 2010 Allcy Enhancement Project—Maintenance Estimated at$154,145 Art in Action: Old Town Square—2011 Estimated at 50,000 DDA Parking Lot—Elks Facility Estimated at 65,000 DDA Warehouse Utilities and Maintenance Costs Estimated at 120,000 Future Funding: Beet Street—2011 and 2012 Up to 1,000,000 Holiday Lights 201 1-2012 Estimated at 35,000. Old Town Square Preconstruction Activities Estimated at 220,000 Maximum Aggregate of$1,644,145 OTHER Debt Service Reserve Fund $1,400,000 Origination Fee 61,800 Cost of Issuance 60,000 Bond Counsel and Financial Advisor Estimated at 60,000 Contingency 1,418,200 Maximum Aggregate of$3,000,000 TOTAL USES Maximum Aggregate of$14,000,000 ORDINANCE NO. 010, 2011 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE DOWNTOWN DEVELOPMENT AUTHORITY FUND FOR EXPENDITURE ON PROJECTS IN ACCORDANCE WITH THE DOWNTOWN PLAN OF DEVELOPMENT WHEREAS,on April 21, 1981,City Council adopted Ordinance No.46, 1981,establishing the Fort Collins, Colorado, Downtown Development Authority (the "DDA"); and r WHEREAS,the DDA's Plan of Development,approved by the City Council on September 8, 1981, established the purpose of the DDA and the types of projects in which the DDA would participate; and WHEREAS,bond proceeds have accrued interest earnings in the amount of$242,561; and WHEREAS, City staff has identified project savings of$289,294 currently in reserves; and WHEREAS,staff has also identified bond proceeds from the 2010 Bond Series that were not appropriated in the amount of$809,145; and WHEREAS, on January 13, 2011, the Board of Directors of the DDA adopted Resolution 2011-01 recommending to the City Council the appropriation of these funds for the expenditure on projects and programs; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council to make supplemental appropriations by ordinance at any time during the fiscal year,provided that the total amount of such supplemental appropriations, in combination with all previous appropriations for that fiscal year, does not exceed the current estimate of actual and anticipated revenues to be received during the fiscal year; and WHEREAS, City staff has determined that the appropriation of the anticipated revenue as described herein will not cause the total amount appropriated in the DDA 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 that there is hereby appropriated for expenditure from reserves in the DDA Fund the sum of ONE MILLION THREE HUNDRED FORTY ONE THOUSAND DOLLARS ($1,341,000) to be used for the projects stated below: Fifth Year Funding of Beet Street $ 500,000 401 South Mason Facade Improvements 192,000 2010 Alley Enhancement Project—Maintenance (Three Years) 154,145 DDA Warehouse Operations and Maintenance (Three Years) 120,000 Downtown Holiday Lights—2011/2012 Season 35,000 Hotel Consultant Team Additional Scope of Work 25,000 Miscellaneous (Reserved for Projects Committed to by the DDA Board before the next Bond Issuance 314,855 Total Projects/Programs $1,341,000 Introduced, considered favorably on first reading, and ordered published this 1st day of, February, A.D. 2011, and to be presented for final passage on the 15th day of February, A.D. 2011. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 15th day of February, A.D. 2011. Mayor ATTEST: City Clerk