HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/01/2018 - SECOND READING OF ORDINANCE NO. 058, 2018, APPROPRAgenda Item 16
Item # 16 Page 1
AGENDA ITEM SUMMARY May 1, 2018
City Council
STAFF
Kurt Friesen, Director of Park Planning & Development
Cyril Vidergar, Legal
SUBJECT
Second Reading of Ordinance No. 058, 2018, Appropriating Prior Year Reserves in the General Fund and the
Fort Collins Urban Renewal Authority Fund and Authorizing the Transfer of Appropriations from the General
Fund and the Fort Collins Urban Renewal Authority Fund into the Capital Project Fund for the Poudre River
Whitewater Park Project and Transferring Appropriations from the Capital Project Fund to the Cultural Services
and Facilities Fund for the Art in Public Places Program and Transferring Appropriations in the Storm Drainage
Fund from the Boxelder Creek Outfall Project and the Remington Street Outfall Project to the Capital Project
Fund for the Poudre River Whitewater Park Project.
EXECUTIVE SUMMARY
This Ordinance, adopted on First Reading on April 17, 2018 by a vote of 6-1 (Nays: Cunniff), appropriates
additional funding for the Poudre River Whitewater Park project. The Whitewater Park will be located south of
Vine Drive between College Avenue and the BNSF Railroad. Design and permitting for the project are nearly
complete, with construction anticipated to begin Summer 2018, and the project complete in Summer 2019.
There is sufficient funding available for a minimum, base project. To realize the full vision of the project, as
outlined in the 2014 Poudre River Downtown Master Plan, approximately $2M of additional funds are needed.
For Second Reading, the Ordinance has been modified as follows:
• By the addition of new “whereas” clauses that:
o incorporate background and requirements from the April 7, 2015 CCIP ballot approval language in
Ordinance No. 013, 2015 (the “Ordinance”).
o set forth the requirement in the Ordinance that City Council must have determined that the City has
received at least $1,500,000 in of contributions and pledges from private sources to support building
the Whitewater Park (referred to as the “Kayak Park” in the Ordinance and the CCIP project schedule
referenced in the ballot measure) and that the City has not yet received the entire amount of such
contributions.
o Acknowledge that the Ordinance requires construction of all components described on the exhibit
attached thereto, which include a whitewater kayak park, a pedestrian bridge, and other elements.
• By inclusion of a condition that the funds appropriated by the Ordinance are not available for expenditure
for construction until the City Manager provides a report and recommendation that all required private
funds and pledges have been received and Council adopts a resolution finding the private funding
requirement has been met (to satisfy the Ordinance requirement for a determination by Council as to this
condition).
The additional funds requested in this appropriation are necessary to satisfy the requirement of the Ordinance
that the Project include all of the elements described in Exhibit “A” to Ordinance No 013, 2015.
At the April 17 City Council meeting, several questions were raised regarding restrooms in the Whitewater
Park. There are floodway and floodplain constraints on the site today that prevent the restroom from being built
Agenda Item 16
Item # 16 Page 2
in the initial phase of the project. Once the initial phase of the project is completed, floodplain mapping for the
project will be revised. The revised floodplain mapping is estimated to be complete in 2019, enabling
construction of a permanent restroom as early as 2020. A Budgeting for Outcomes (BFO) offer is planned to
be submitted in the 2019-20 budget to fund design and construction of the restroom. Until a permanent
restroom is constructed, temporary, portable toilets will be provided on site.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, April 17, 2018 (w/o attachments) (PDF)
Agenda Item 17
Item # 17 Page 1
AGENDA ITEM SUMMARY April 17, 2018
City Council
STAFF
Kurt Friesen, Director of Park Planning & Development
Cyril Vidergar, Legal
SUBJECT
First Reading of Ordinance No. 058, 2018, Appropriating Prior Year Reserves in the General Fund and the
Fort Collins Urban Renewal Authority Fund and Authorizing the Transfer of Appropriations from the General
Fund and the Fort Collins Urban Renewal Authority Fund into the Capital Project Fund for the Poudre River
Whitewater Park Project and Transferring Appropriations from the Capital Project Fund to the Cultural Services
and Facilities Fund for the Art in Public Places Program and Transferring Appropriations in the Storm Drainage
Fund from the Boxelder Creek Outfall Project and the Remington Street Outfall Project to the Capital Project
Fund for the Poudre River Whitewater Park Project.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate additional funding for the Poudre River Whitewater Park project. The
Whitewater Park will be located south of Vine Drive between College Avenue and the BNSF Railroad. Design
and permitting for the project are nearly complete, with construction anticipated to begin Summer 2018, and the
project complete in Summer 2019. There is sufficient funding available for a minimum, base project. To realize
the full vision of the project, as outlined in the 2014 Poudre River Downtown Master Plan, approximately $2M of
additional funds are needed.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Funding Sources
Current funding for the project is provided from several sources:
Funding Sources Amount
Community Capital Improvement Program (CCIP) $4,200,000
Natural Areas $1,000,000
Stormwater $1,000,000
General Fund (property acquisition) $1,000,000
Park Impact Fees (property acquisition) $855,400
Fundraising $1,500,000
Total Available Funding $9,555,400
In addition to the funding sources listed, both Stomwater and Natural Areas have contributed other funds in
support of the project, but not directly part of it. These projects include:
ATTACHMENT 1
Agenda Item 17
Item # 17 Page 2
Natural Areas
$750,000 for the purchase of the Coy water right
Stormwater
$450,000 for development of the 2014 Poudre River Downtown Master Plan
$100,000 for Vine Drive drainage improvements
These projects were completed apart from the Whitewater Park Project, and would have occurred regardless.
For this reason, this funding is not included in the project total.
Optional Features
Optional features recommended to be added to the projects include:
Project Element Description
Approximate
Cost
Pedestrian Bridge
The pedestrian bridge will provide a key connection from
downtown to the Old Town North neighborhood and North
College businesses, and future crossing of the Poudre
Trail
$525,000
South Bank Wall
Enhancements
Enhancements to a blank, gray concrete wall facing the
river along the south bank. Enhancements may include a
patterned texture on the wall or other aesthetic wall
treatments.
$150,000
South Bank Plaza
Enhancements
South bank plaza enhancements may include improved
paving, sandstone benches, seating areas, and improved
railing.
$175,000
Landscape Enhancements
Landscape enhancements include additional trees, shrubs
& irrigation in the south bank plaza and park area.
$250,000
Concrete Walks
Concrete walks to replace proposed crusher fine walks that
extend from the parking lot and Vine Drive to the river.
$100,000
Children’s Play Area
Lower terrace designed for children to safely access the
river for play.
$175,000
Site Lighting Additional pedestrian light poles $350,000
Site Security An emergency call station to provide improved security. $60,000
Additional Project
Contingency
Additional project contingency for constructing in the river
during a limited construction season. The recommended
contingency for the project is $455,000. Currently, there is
$214,000 available. The additional $240,000 would bring
the contingency to an appropriate level for a project of this
complexity.
$240,000
Total $2,025,000
Agenda Item 17
Item # 17 Page 3
Funding Approach
As discussed at the February 27 Work Session, Park Planning staff recommends the optional features be funded
by aligning project costs with the department or funding entity that realizes the benefits of the improvements. In
the base project, the benefits realized by the Stormwater Utility exceed the existing contribution. Additionally,
Stormwater related costs have increased significantly since the project inception:
Vine Drive, Parking and Storm Sewer Improvement costs have increased 60%
River Enhancements have increased 34%
Due to the complexity of permitting & alternative construction means & methods, design, engineering &
contractor costs have increased significantly
These cost increases are a primary reason additional Stormwater enterprise funding is needed for the project.
With additional contributions secured from Stormwater, General Fund, the URA, and philanthropic sources to
share in the apportioned cost of the base project, the optional features can be funded utilizing existing CCIP
funds, General Fund and philanthropic sources.
Cost Share by Funding Source
Project
Elements
Cost
Natural
Areas
Stormwater CCIP
Fund
raising
Park
Impact
Fees
General
Fund
URA
Philan-
thropic
Support
Vine Drive,
Parking and
Storm Sewer
Improvements
$513,000 $213,000 $300,000
Property
Acquisitions
and Cleanup
$1,855,400 $855,400 $1,000,000
River
Enhancements $3,165,000 $721,666 $721,667 $721,667 $1,000,000
Bridge
Abutments &
Gathering
Areas
$1,157,000 $1,157,000
Minimum
Landscape
Enhancements
$233,000 $77,666 $77,667 $77,667
Design,
Engineering
and Contractor
Costs
$2,418,000 $129,335 $650,000 $1,138,665 $500,000
Project
Contingency
Agenda Item 17
Item # 17 Page 4
Construction Timeline and Sequence
The following chart illustrates the timing of incorporating optional features into the project, based on the amount
of additional funding secured. With $1.5M of additional funding secured, priority optional features such as the
pedestrian bridge and security features can be added to the project. With an additional $500k secured from
philanthropic sources, the remaining optional features can be added. This approach provides additional time to
secure the funding from philanthropic sources to fully fund the optional features. City staff recommends securing
the philanthropic sources by the end of 2018 at the latest for the project to be completed on schedule without
significant cost increases for the remaining optional features.
Project Construction Sequence
Timeframe Funded Base
Project
$1.5M of Optional Features Additional $500k of Optional
Features
Aug. 2018 Mobilization
September Site Grading
Oct. - Jan.
River Work South
Bank
Pedestrian Bridge
Children’s Play Area
South Bank Wall
Enhancements
Dec.- Mar.
2019
River Work North
Bank
Additional Project
Contingency
Mar. - May River Restoration
Apr. - May
Vine Street &
Parking Lot
June – July
2019
Minimum
Landscape
Enhancements
Site Lighting
Security/Emergency Call
Station
South Bank Plaza
Enhancements
Concrete Walks
Landscape
Enhancements
CITY FINANCIAL IMPACTS
City staff recommends an appropriation of $1,526,000 from Stormwater, General Fund, and the URA, plus the
required APP contributions. Philanthropic funds that are secured for the optional features will be appropriated at
a later date.
Stormwater $734,000
General Fund $496,920
Urban Renewal Authority (URA) $303,000
Appropriation Request $1,533,920
Philanthropic Sources (When Available) $499,000
Total Additional Funding Target $2,032,920
Total Project Funding $2,025,000
Art in Public Places Funding $7,920
The funding is currently available from these sources for the purposes described, except for the philanthropic
Agenda Item 17
Item # 17 Page 5
for the project will come from two sources: 1) $134,000 from the Boxelder Creek Outfall project, which was
completed under budget 2) $600,000 by defunding the Remington St. Outfall project. This will cause a slight
delay in the completion of the Remington Outfall project. The project does not have sufficient budget to be
completed regardless because of additional constraints identified during the design process. The Remington
Outfall project will require a future appropriation to be completed.
BOARD / COMMISSION RECOMMENDATION
As directed by City Council at the February 27 work session, City staff has reached out to boards and
commissions seeking input regarding the addition of optional project features and an associated funding
approach for the features. A summary of outreach to Boards, Commissions, and citizen groups follows:
Boards, Commission and Citizen Group Feedback Summary
1. Parks and Recreation Board
o Meeting held February 28, 2018
o Unanimous Support
2. North College Citizen Advisory Group (CAG)
o Meeting held March 1, 2018
o Unanimous Support
3. Commission on Disabilities
o Meeting held March 8, 2018
o Unanimous Support
4. Water Board
o Meeting held March 15, 2018
o Support from 5 out of 7 board members
o The Board has 11 members, 4 were absent
o All Boardmembers were in support of the optional features, but 2 did not support the use of
additional Stormwater enterprise funds for the project
5. Natural Resources Advisory Board
o Meeting held March 21, 2018
o Unanimous Support
6. Land Conservation and Stewardship Board
o Meeting scheduled April 11, 2018
o Support
Minutes from these meetings are attached. (Attachment 2)
PUBLIC OUTREACH
City staff conducted considerable public outreach for the 2014 Poudre River Downtown Master Plan, which
includes the Whitewater Park Project. As part of the development review process for the Whitewater Park, an
open house was conducted, offering citizens an opportunity to comment on the project. Staff has coordinated
and communicated consistently with multiple stakeholders throughout the duration of the project, including the
whitewater enthusiasts who helped raise private philanthropic funds for the project. There is strong support and
significant enthusiasm for the project from these groups.
ATTACHMENTS
1. Work Session Summary, February 27, 2018 (PDF)
2. Boards and Commission Meeting Minutes (PDF)
3. Powerpoint presentation (PDF)
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ORDINANCE NO. 058, 2018
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND AND THE FORT
COLLINS URBAN RENEWAL AUTHORITY FUND AND AUTHORIZING THE
TRANSFER OF APPROPRIATIONS FROM THE GENERAL FUND AND THE FORT
COLLINS URBAN RENEWAL AUTHORITY FUND INTO THE CAPITAL PROJECT FUND
FOR THE POUDRE RIVER WHITEWATER PARK PROJECT AND TRANSFERRING
APPROPRIATIONS FROM THE CAPITAL PROJECT FUND TO THE CULTURAL
SERVICES AND FACILITIES FUND FOR THE ART IN PUBLIC PLACES PROGRAM
AND TRANSFERRING APPROPRIATIONS IN THE STORM DRAINAGE FUND FROM
THE BOXELDER CREEK OUTFALL PROJECT AND THE REMINGTON STREET
OUTFALL PROJECT TO THE CAPITAL PROJECT FUND FOR THE POUDRE RIVER
WHITEWATER PARK PROJECT
WHEREAS, at a regular City election held on April 7, 2015, the voters of the City of Fort
Collins approved the extension of the expiring twenty-five hundredths percent (0.25%) capital
projects sales and use tax (the “Tax”) for a period of ten years; and
WHEREAS, the purpose of the Tax, as outlined in the ballot measure, is the planning,
design, real property acquisition, and construction of seventeen capital projects and related
operation and maintenance, referred to as the Community Capital Improvement Program
(“CCIP”), which includes construction of Downtown Poudre River Enhancements and a Kayak
Park (the “Whitewater Park Project” or “Project”); and
WHEREAS, the City is planning to construct a park in the downtown area along the
Poudre River, to be known as the Downtown Whitewater Park, funding for which City voters
approved in 2015 as part of the City’s Community Capital Improvement Program (the “CCIP”);
and
WHEREAS, the Downtown Whitewater Park Project will include world class whitewater
features, park gathering places, river overlooks, fish passage and habitat improvements,
stormwater improvements, street and sidewalk improvements, and various other related public
improvements (the “Park Project”); and
WHEREAS, pursuant to Ordinance No. 013, 2015 (“Building on Basics Ordinance”), in
which the City Council recognized and adopted the passage of the April 7, 2015, CCIP ballot
measure, prior to use of any revenues from the Tax for construction of the Whitewater Park
Project (but not before beginning planning, design, and property acquisition) the City Council
must have determined, after receiving a report and recommendation from the City Manager, that
the City has received at least $1,500,000 in contributions and pledges of cash and other property
from private sources in support of the Whitewater Park Project, and
WHEREAS, pursuant to the Building on Basics Ordinance, no decision regarding the
design or cost of the Whitewater Park Project shall substantially change its essential character or
eliminate any of its components from that described in Exhibit “A” thereto; and
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WHEREAS, the description of the Project set forth on Exhibit “A” to the Building on
Basics Ordinance includes a “whitewater kayak park” with “viewing/picnic areas”, a “pedestrian
bridge over the river”, improved “access to the river”, enhancement of “the river’s habitat and
beauty” and lowering of the river channel to improve flood mitigation and prevent flooding of
College Avenue; and
WHEREAS, the initial Whitewater Park Project budget of $9,647,000 was approved in
Budget Offer 21.1 (2015), including approximately $4,200,000 in revenues from the Tax; and
WHEREAS, and since such time Park Planning and Stormwater Utility staff have
identified the need for an additional funding of $2,032,920 to complete in optionalall of the
improvements in the description of the Project on Exhibit “A” to the Building on Basics
Ordinance, including a pedestrian bridge, south bank wall and plaza enhancements, concrete
walks, children’s play area, and site lighting and security features (the “Enhancements”), to
support the pProject
WHEREAS, at its work session on February 27, 2018, City Council reviewed the scope
of the Enhancements and additional budget elements, including contributions to Art and Public
Places Program and $240,000 of additional construction costs contingency; and
WHEREAS, on March 6, 2018, the City and the Urban Renewal Authority (the “URA”)
entered into an intergovernmental agreement by which the URA agreed to pay the City $300,000
toward the Whitewater Park Project costs, recognizing the value of the Park Project in furthering
the URA’s North College Plan; and
WHEREAS, combining funds committed by the URA with funds identified in the
Stormwater Utility enterprise and General funds, Park Planning staff recommends the City
Council appropriate an additional $1,526,000 for the Whitewater Park Project, plus $7,920 to be
transferred to the Art and Public Places Program, as set forth herein; and
WHEREAS, during completion of the design and associated regional improvements for
the Whitewater Park Project and Enhancements, staff has identified additional benefits
Stormwater Utility ratepayers will realize, supporting a proportional increase in the Utility’s
contribution to project costs; such benefits include additional flood conveyance under the
College Avenue Bridge, removal of developable land from the 100-year floodway, and new
structures to convey runoff from Vine Drive into a reconfigured water quality pond; and
WHEREAS, the City has not yet received the entire $1,500,000 in private contributions
and pledges required by Ordinance No. 013, 2015, and Council desire to appropriate the funds as
set forth herein, subject to the conditions that:
• such funds may not be expended for construction of the Project until the City
manager provides a further report and recommendation indicating the City has
received the full $1,500,000 in private contributions and pledges; and
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• the City Council adopts a resolution making a determination that this condition of
Ordinance No. 013, 2015, has been fully satisfied; and
WHEREAS, Article XII of the City Charter authorizes City Council to expend net
operating revenues of the City’s utilities for renewal, replacement, extraordinary repair,
extension, improvement, enlargement, and betterment of such utilities, or other specific utility
purposes determined by Council to be beneficial to the ratepayers of said utilities; and
WHEREAS, Article V, Section 9 of the City Charter permits the City Council to
appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be
available from reserves accumulated in prior years, notwithstanding that such reserves were not
previously appropriated; and
WHEREAS, the City Manager has recommended the appropriation described herein and
determined that these appropriations are available and previously unappropriated from the
General Fund, the Fort Collins Urban Renewal Authority Fund and the Storm Drainage Fund, as
applicable, and will not cause the total amount appropriated in the General Fund, the Fort Collins
Urban Renewal Authority Fund or the Storm Drainage Fund, as applicable, to exceed the current
estimate of actual and anticipated revenues to be received in these funds during the fiscal year;
and
WHEREAS, Article V, Section 10 of the City Charter authorizes the City Council to
transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof
from one fund or capital project to another fund or capital project, provided that the purpose for
which the transferred funds are to be expended remains unchanged; the purpose for which the
funds were initially appropriated no longer exists; or the proposed transfer is from a fund or
capital project in which the amount appropriated exceeds the amount needed to accomplish the
purpose specified in the appropriation ordinance; and
WHEREAS, this project involves construction estimated to cost more than $250,000, as
such, Section 23-304 of the City Code requires one percent of these qualified appropriations to
be transferred to the Cultural Services and Facilities Fund for a contribution to the Art in Public
Places (APP) program.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That there is hereby appropriated for expenditure from reserves in the
General Fund for transfer to the Capital Projects Fund the sum of FOUR HUNDRED NINETY-
SIX THOUSAND NINE HUNDRED TWENTY DOLLARS ($496,920) for the Poudre River
Whitewater Project and appropriated therein.
Section 3. That there is hereby appropriated for expenditure from reserves in the Fort
Collins Urban Renewal Authority Fund for transfer to the Capital Projects Fund the sum of
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THREE HUNDRED THREE THOUSAND DOLLARS ($303,000) for the Poudre River
Whitewater Project and appropriated therein.
Section 4. That the unexpended appropriated amount of SIX THOUSAND ONE
HUNDRED SEVENTY-EIGHT DOLLARS ($6,178) in the Capital Projects Fund - Poudre
River Whitewater Project is authorized for transfer to the Cultural Services and Facilities Fund
and appropriated therein for Art in Public Places projects.
Section 5. That the unexpended appropriated amount of ONE THOUSAND SEVEN
HUNDRED FORTY-TWO DOLLARS ($1,742) in the Capital Projects Fund - Poudre River
Whitewater Project is authorized for transfer to the Cultural Services and Facilities Fund and
appropriated therein for the Art in Public Places Program Maintenance and Operations.
Section 6. That there is hereby appropriated for expenditure for transfer from the
Boxelder Creek Outfall Project and the Remington Street Outfall Project in the Storm Drainage
Fund for transfer to the Capital Projects Fund the sum of SEVEN HUNDRED THIRTY-FOUR
THOUSAND DOLLARS ($734,000) for the Poudre River Whitewater Project and appropriated
therein.
Section 7. That the expenditure of the funds appropriated herein for construction of
the Project is conditioned on the City Manager first providing a report and recommendation to
City Council indicating the City has received the full $1,500,000 of private contributions and
pledges in support of the Whitewater Park Project, as required by Ordinance No. 013, 2015, and
City Council adoption of a subsequent resolution making the determination that such
requirement has been fully satisfied.
Introduced, considered favorably on first reading, and ordered published this 17th day of
April, A.D. 2018, and to be presented for final passage on the 1st day of May, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
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Passed and adopted on final reading on the 1st day of May, A.D. 2018.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
sources, which are in process of being secured. The appropriation of $734,000 of additional Stormwater funds
$214,000 $71,333 $71,333 $71,334
Optional
Features
$2,025,000 $1,033,667 $492,335 $498,998
Total
Estimated
Cost with
Optional
Features
$11,580,400 $1,000,000 $1,733,667 $4,200,000 $1,500,000 $855,400 $1,492,335 $300,000 $498,998
Current
Available
Funding
$9,555,400 $1,000,000 $1,000,000 $4,200,000 $1,500,000 $855,400 $1,000,000
Additional
Funding
Needed
$2,025,000 $733,667 $492,335 $300,000 $498,998