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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 08/08/2017 - FIRST READING OF ORDINANCE NO. 104, 2017, APPROPRIAgenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY August 8, 2017 City Council THIS ITEM HAS BEEN WITHDRAWN AND MOVED TO AUGUST 15. STAFF Michelle Provaznik, Manager-Gardens on Spring Creek SUBJECT First Reading of Ordinance No. 104, 2017, Appropriating Unanticipated Revenue in the Capital Projects Fund and Appropriating Prior Year Reserves in the General Fund for Transfer to the Capital Projects Fund for Construction of the Final Five Acres of the Gardens on Spring Creek and Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. EXECUTIVE SUMMARY The purpose of this item is to appropriate $2,631,000 for construction of the Gardens on Spring Creek facility including the Great Lawn, Undaunted Garden, Foothills and Prairie Gardens. This item also appropriates the funds needed for the Arts in Public Places artwork that is part of the capital project. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION On June 7, 2016, Council adopted Ordinance No. 074, 2016, approving a major amendment for the City property informally known as the Gardens on Spring Creek (the “Project”). The total Project budget is $3,031,000. The current Project breakdown is as follows: Project Design Budget (already spent) $202,000 Project Construction Budget: $2,829,000 TOTAL PROJECT BUDGET: $3,031,000 Throughout the design and development review process, the Friends of the Gardens Board of Directors and Gardens Staff have been raising money for the construction of the Project. $1,712,000 has been raised from local foundations, businesses and individuals who support the Project. Adding these donations to what was previously appropriated by the City, the current Project funding sources are as follows: City Contribution $400,000 Community Leadership Donors $1,000,000 Other Private Donations $712,000 Ongoing Additional Private Fundraising $519,000 Staff is asking for an additional $400,000 from prior year reserves in the General Fund to bridge the gap between the $2,631,000 of Project funding sources already identified and the total Project budget of $3,031,000. This item was discussed at the Council Finance Committee meeting on July 11, 2017. Draft minutes from the meeting are attached. Agenda Item 5 Item # 5 Page 2 Construction will not begin on the project until a permit is issued. A permit will not be issued until the project, as previously approved, is ready to be built or City Council amends its previous approval. Staff currently plans to come back before Council with a recommendation to eliminate the western-most sound wall and sound monitoring system, which will ultimately reduce the overall cost. City Council’s previous approval of the Project, including the sound wall and sound monitoring system requirement, is attached to this AIS. CITY FINANCIAL IMPACTS This Ordinance will appropriate $2,631,000 to complete the remaining gardens at the Gardens on Spring Creek. These funds include $2,231,000 raised by the Friends and donations in process. This ordinance also includes an additional $400,000 from the City of Fort Collins prior year reserves in the General Fund. The funds will become part of The Gardens capital budget. From this appropriation, one percent (1%) of the base bid for the project is to be used for Art in Public Places. Of the total Project amount, $2,500 has been previously transferred to the Cultural Services and Facilities Fund for APP. This ordinance will transfer 1% of the remaining Project amount of $2,781,000, in the amount of $27,810 to the Art in Public Places (APP) program. Of the $27,810 APP contribution, $21,692 will be reserved for the APP artwork and $5,562 reserved for operations of the APP program and $556 for maintenance of the artwork. BOARD / COMMISSION RECOMMENDATION No board or commission recommendations. PUBLIC OUTREACH Public outreach was completed during the development review process for the project including three public meetings, two Planning and Zoning Board Meetings and two City Council Meetings. ATTACHMENTS 1. Overall Site Plan (PDF) 2. Ordinance No. 074, 2016 (PDF) 3. Council Finance Committee minutes, July 11, 2017 (draft) (PDF) 4. Powerpoint presentation (PDF) russell+mills studios Gardens on Spring 0 15 30 60’ Creek S P R I N G C R E E K T R A I L GREAT LAWN UNDAUNTED GARDEN COMMUNITY GARDEN Overall Site Plan PARKING C E N T R E A V E SPRING CREEK STORM WATER DETENTION/ WETLANDS ROCK GARDEN CAFE GROVE Backdrop Planting Proposed Fence, typ. Future Trail Connection to PERC Existing Tree, typ. Stage Tents Stage 35’x40’ Terraced Shade Seating Moon Garden Sound Mitigation Walls Fragrance Garden Rose Garden Hummingbird Garden Chaparral Planting Cactus Planting 1 EXHIBIT A Notes included with the Gardens on Spring Creek Amended Plan (See sheet LS003 of the Site Plan) DRAFT 3-23-2016 THE FOLLOWING GENERAL OPERATION AND MANAGEMENT STANDARDS SHALL REMAIN IN EFFECT FOR ALL FUTURE GARDENS ON SPRING CREEK EVENTS. GENERAL EVENT STANDARDS: 1. ALL EVENTS, INCLUDING MUSIC CONCERT EVENTS OR GENERAL EVENTS SHALL COMPLY WITH ALL APPLICABLE FORT COLLINS MUNICIPAL CODE NOISE STANDARDS OF CHAPTER 20, ARTICLE II: SOUND SHALL BE LIMITED TO 55 dB(A) FROM 7 A.M. TO 8:00 P.M. AND 50 dB(A) FROM 8:00 P.M. TO 7:00 A.M. AT THE GARDENS ON SPRING CREEK PROPERTY LINE ADJACENT TO THE LOW DENSITY RESIDENTIAL (R-L) ZONE DISTRICT, AND SHALL BE LIMITED TO 70 dB(A) FROM 7 A.M. TO 8:00 P.M. AND 65 dB(A) FROM 8:00 P.M. TO 7:00 A.M. AT THE GARDENS ON SPRING CREEK PROPERTY LINE ADJACENT TO THE EMPLOYMENT (E) ZONE DISTRICT. 2. THERE SHALL BE A MAXIMUM OF (8) MUSIC CONCERT EVENTS PER YEAR WITH AN ATTENDANCE CAP OF 1,500 PERSONS. THE MAXIMUM ATTENDANCE SHALL BE MANAGED AND REGULATED THROUGH TICKET SALES. ALL MUSIC CONCERT EVENTS SHALL BE TICKETED. 3. THERE SHALL BE NO MULTI-DAY MUSIC CONCERT EVENTS SUCH AS MUSIC FESTIVALS. 4. A GENERAL EVENT SHALL BE DEFINED AS ANY EVENT WHICH USES ALL OR A PORTION OF THE GARDENS, OTHER THAN DAY-TO-DAY ATTENDANCE FOR THE PURPOSE OF VIEWING THE GARDENS, IN WHICH ATTENDANCE IS ANTICIPATED TO BE MORE THAN 100 PERSONS FOR THE EVENT. GENERAL EVENTS INCLUDE: GARDEN OF LIGHTS TOUR, SCHOOL FIELD TRIPS, EDUCATION PROGRAMS AND TOURS, ARTICULTURE/SCULPTURE IN THE GARDEN, SPRING PLANT SALE, YOGA IN THE GARDENS, GARDEN A’FARE, NATURE’S HARVEST FEST, HALLOWEEN ENCHANTED GARDEN. ADDITIONAL EVENTS MAY BE CONSIDERED. THERE SHALL BE NO ATTENDANCE CAP FOR GENERAL EVENTS. SUCH EVENTS MAY PROVIDE AMPLIFIED MUSIC IN COMPLIANCE WITH THE MUNICIPAL CODE. 2 5. PRIVATE EVENTS SHALL BE ADDRESSED IN THE GARDEN’S OPERATIONS AND MANAGEMENT PLAN. PRIVATE EVENTS INCLUDE ALL PRIVATE RENTALS SUCH AS WEDDINGS, BIRTHDAYS, ETC. PRIVATE EVENTS SHALL NOT HAVE DJ’S AND ANY PROPOSED MUSIC MUST BE APPROVED BY GARDENS STAFF. ALL EVENTS SHALL FOLLOW STANDARDS AS DESCRIBED BELOW. TIME LIMITATION STANDARDS: 1. ALL MUSIC AND ANY ASSOCIATED SOUNDS GENERATED FROM ANY EVENT SHALL CONCLUDE NO LATER THAN 8PM. 2. EGRESS FOR ALL VISITORS DURING MUSIC CONCERT EVENTS SHALL BEGIN AT 8 P.M. AND CONCLUDE NO LATER THAN 9 P.M. NO PERFORMANCE RELATED SOUNDS SHALL BE GENERATED DURING THIS TIMEFRAME. 3. ALL EVENT OPERATIONS PERSONNEL SHALL EXIT THE GARDENS ON SPRING CREEK PREMISES NO LATER THAN 10 P.M. 4. ALL GENERAL EVENTS SHALL CONCLUDE BY 9 P.M. AND ALL PERSONNEL SHALL EXIT THE GARDENS ON SPRING CREEK PREMISES NO LATER THAN 10 P.M. 5. ALL PRIVATE EVENTS SHALL CONCLUDE BY 8 P.M. WITH EVERYONE OFF-SITE BY 9 P.M. SOUND MONITORING STANDARDS: 1. DURING ALL AMPLIFIED MUSIC CONCERT EVENTS, A PROFESSIONAL SOUND ENGINEER SHALL BE PRESENT ON SITE AND ACTIVELY MONITOR AND REGULATE SOUND LEVELS TO MEET THE CITY OF FORT COLLINS MUNICIPAL CODE NOISE STANDARDS. SOUND MONITORING LOCATIONS WILL BE TIED TO CENTRAL OVERRIDE SYSTEM AT THE MIXING STATION. 2. FOR ALL OTHER EVENTS, GARDENS ON SPRING CREEK STAFF SHALL BE PRESENT ON SITE AND ACTIVELY MONITOR AND REGULATE SOUND LEVELS TO MEET THE CITY OF FORT COLLINS MUNICIPAL CODE NOISE STANDARDS. 3. MORE SPECIFIC MONITORING OPERATIONS, MANAGEMENT AND ENFORCEMENT THAT MAY BE REQUIRED SHALL BE OUTLINED IN THE GSC OPERATIONS AND MANAGEMENT PLAN. 3 SECURITY AND SAFETY REQUIREMENTS: 1. DESIGNATED SECURITY STAFF SHALL BE PRESENT AT THE GARDENS ON SPRING CREEK ENTRY POINTS AND PERIMETER OF THE PREMISES DURING ALL MUSIC CONCERT EVENTS. DESIGNATED SECURITY STAFF SHALL CONSIST OF EITHER GARDENS ON SPRING CREEK STAFF OR A PRIVATE SECURITY COMPANY CONTRACTED THROUGH THE GARDENS ON SPRING CREEK. 2. EGRESS LIGHTING CONSISTING OF LOW LIGHT LEVEL, FULL CUT-OFF PEDESTRIAN LEVEL LIGHTS SHALL BE USED TO FACILITATE EGRESS FROM ALL MUSIC CONCERT EVENTS. ALL EGRESS AND EVENT-RELATED LIGHTING SHALL BE TURNED OFF NO LATER THAN 10 P.M. 3. CROSSING ASSISTANTS SHALL BE PRESENT AT CENTRE AVENUE TO FACILITATE CROSSING FROM THE N.R.C.S. PARKING LOT DURING ALL MUSIC CONCERT EVENTS, UNLESS A SIGNALIZED PEDESTRIAN CROSSING IS CONSTRUCTED AT THIS LOCATION IN THE FUTURE. ADDITIONAL GENERAL STANDARDS: 1. ANY ALCOHOLIC BEVERAGES SOLD DURING EVENTS SHALL REQUIRE A PROFESSIONAL CONCESSIONAIRE TO SERVE AND FOLLOW ALL ASSOCIATED REGULATIONS AND MONITORING AS REQUIRED WITH ALCOHOLIC BEVERAGE SALES AT OTHER COMMUNITY FACILITIES WITHIN THE CITY OF FORT COLLINS. MORE SPECIFIC ALCOHOL OPERATIONAL REQUIREMENTS SHALL BE DEVELOPED WITH THE GSC OPERATIONS AND MANAGEMENT PLAN. 2. “NO PUBLIC ON-STREET PARKING” SHALL BE STRICTLY ENFORCED FOR GSC EVENTS AND DAY-TO-DAY GSC OPERATIONS ON CENTRE AVENUE AND ON STREETS IN THE WINDTRAIL AND SHEELY NEIGHBORHOODS. MORE SPECIFIC PARKING MANAGEMENT AND ENFORCEMENT PRACTICES SHALL BE OUTLINED IN THE GSC OPERATIONS AND MANAGEMENT PLAN. 3. OFF-STREET PARKING REQUIREMENTS: ANTICIPATED MINIMUM OFF-STREET PARKING QUANTITIES FOR GARDENS USES ARE SHOWN ON THE LAND USE TABLE ON SHEET LS100. THE PARKING QUANTITIES SHOWN ON LS100 REPRESENT ANTICIPATED MINIMUMS, AND SHALL BE ADJUSTED TO MEET THE PARKING DEMANDS FOR EVENTS IF NEEDED. PARKING LOCATIONS ARE SHOWN ON SHEET LS002. AGREEMENTS FOR OFF-SITE PARKING LOCATIONS SHALL BE MAINTAINED AND SHALL BE ADJUSTED, IF NEEDED, TO MEET PARKING DEMANDS FOR ALL GARDENS EVENTS. 4 4. THE PROJECT IS REQUIRED TO COMPLETE ALL IMPROVEMENTS AND CONDUCT ALL OPERATIONS IN ACCORDANCE WITH THE FINAL PLANS. ANY MODIFICATIONS TO THESE PLANS SHALL REQUIRE A PLAN AMENDMENT TO BE REVIEWED AND APPROVED. 5. THE OPERATIONAL AND MANAGEMENT STANDARDS NOTED WITH THESE PLANS REPRESENT THE GENERAL STANDARDS FOR THE PROJECT. IN ADDITION TO THE GENERAL STANDARDS OUTLINED HERE, GSC SHALL DEVELOP A COMPREHENSIVE OPERATIONS AND MANAGEMENT PLAN THAT SPECIFICALLY ADDRESSES POLICIES AND ACTIONS THAT WILL BE ADMINISTERED FOR ALL EVENTS AND COMMUNITY FACILITY ACTIVITIES. NEIGHBORHOOD REPRESENTATIVES SHALL BE INCLUDED IN THE DEVELOPMENT, IMPLEMENTATION AND MAINTENANCE OF THE OPERATIONS AND MANAGEMENT PLAN. THE OPERATIONS AND MANAGEMENT PLAN MAY BE PERIODICALLY AMENDED WITHOUT AMENDING THESE PLANS, PROVIDED THAT SUCH AMENDMENTS REMAIN IN COMPLIANCE WITH THE GENERAL STANDARDS OUTLINED WITH THIS FINAL PLAN. THE GSC OPERATIONS AND MANAGEMENT SHALL AT A MINIMUM ADDRESS THE FOLLOWING: a) CREATION AND ON-GOING ENGAGEMENT OF A NEIGHBORHOOD COMMITTEE. b) PARKING MANAGEMENT AND ENFORCEMENT. c) SOUND/NOISE MANAGEMENT AND ENFORCEMENT. d) MANAGEMENT REQUIREMENTS AND RESTRICTIONS FOR ALL OUTDOOR PRIVATE EVENTS, INCLUDING LIMITATIONS FOR MUSIC AND INSTRUMENT AMPLIFICATION AND VOCAL PERFORMANCES. e) ENFORCEMENT PROCEEDURES FOR EVENT IMPACTS THAT MAY OCCUR INCLUDING: LOITERING, DAY-CAMPING AND LITTERING. f) MANAGEMENT OF ALCOHOL SALES AT ALL EVENTS. g) THE ESTABLISHMENT OF A NEIGHBORHOOD HOTLINE FOR THE COORDINATION AND ENFORCEMENT OF GSC IMPACTS THAT MAY OCCUR. h) COORDINATION OF GSC EVENTS WITH NEIGHBORHOOD EVENTS. REQUIREMENTS SPECIFIC TO THIS PLAN APPROVAL: 1. USE AND OWNERSHIP REQUIREMENTS: THE DESIGNATED USE PER THE CITY LAND USE CODE FOR THE GARDENS ON SPRING CREEK IS A COMMUNITY FACILITY, WHICH IS DEFINED AS A PUBLICLY OWNED OR PUBLICLY LEASED FACILITY OR OFFICE BUILDING WHICH IS PRIMARILY INTENDED TO SERVE THE 5 RECREATIONAL, EDUCATIONAL, CULTURAL, ADMINISTRATIVE OR ENTERTAINMENT NEEDS OF THE COMMUNITY AS A WHOLE. SPECIFIC TO THE APPROVAL OF THIS COMMUNITY FACILITY, ALL PROPERTY ASSOCIATED WITH THIS PLAN SHALL REMAIN IN OWNERSHIP AND BE OPERATED DIRECTLY BY THE CITY OF FORT COLLINS. ANY REQUEST TO TRANSFER OWNERSHIP OR MANAGEMENT OF THE FACILITY TO AN ENTITY OTHER THAN THE CITY SHALL BE CONSIDERED A CHANGE OF USE REQUIRING A MAJOR AMENDMENT TO THESE PLANS WHICH MUST BE REVIEWED AND APPROVED PRIOR TO ANY SUCH TRANSFER. 2. LILAC PARK: PORTIONS OF THE PROPERTY LOCATED NORTH OF THE SPRING CREEK TRAIL SHALL BE RESERVED FOR THE EXPANSION OF LILAC PARK AND SHALL BE REVIEWED AND APPROVED AS A SEPARATE AMENDMENT TO THESE PLANS. FLOODPLAIN NOTES: 1. PORTIONS OF THIS PROPERTY ARE LOCATED IN THE FEMA REGULATORY 100- YEAR FLOODPLAIN AND FLOODWAY FOR SPRING CREEK. 2. ALL DEVELOPMENT WITHIN THE FLOODPLAIN MUST COMPLY WITH THE FLOODPLAIN REGULATIONS OF CHAPTER 10 OF CITY OF FORT COLLINS MUNICIPAL CODE. 3. NON-STRUCTURAL DEVELOPMENT (FENCES, DETENTION PONDS, HARD SURFACE PATHS, FILL, DRIVEWAYS, PARKING AREAS, VEGETATION, ETC.) IS ALLOWED WITHIN THE 100 YEAR FLOODWAY, PROVIDED THE DEVELOPMENT WILL NOT CAUSE A RISE IN THE BASE FLOOD ELEVATION OR A CHANGE TO THE FLOODWAY OR FLOOD FRINGE BOUNDARIES. NON-STRUCTURAL DEVELOPMENT IS NOT RESTRICTED IN THE FLOOD FRINGE. REFER TO THE PROJECT’S FLOODPLAIN USE PERMIT AND FLOODPLAIN MANAGEMENT PLAN FOR FURTHER DETAILS AND RESTRICTIONS. 4. ALL STRUCTURES PROPOSED IN THE FLOODPLAIN SHALL BE PERMANENLTY ANCHORED AND SHALL MEET ALL CITY STRUCTURAL REQUIREMENTS. REFER TO THE PROJECT’S FLOODPLAIN USE PERMIT AND FLOODPLAIN MANAGEMENT PLAN FOR STRUCTURE DETAILS, RESTRICTIONS AND REQUIREMENTS. NATURAL AREA BUFFER REQUIREMENTS: 1. STANDARDS FOR PROTECTION DURING CONSTRUCTION - THE DIRECTOR SHALL ESTABLISH A "LIMITS OF DEVELOPMENT" ("LOD") LINE(S) TO ESTABLISH 6 THE BOUNDARY OF THE PROJECT OUTSIDE OF WHICH NO LAND DISTURBANCE ACTIVITIES WILL OCCUR DURING THE CONSTRUCTION OF THE PROJECT. 2. ALL AREAS WITHIN THE SPRING CREEK, SHERWOOD LATERAL AND WETLAND AREA BUFFER ZONES SHALL BE MAINTAINED IN A NATIVE LANDSCAPE. SEE SECTION 3.4.1 OF THE LAND USE CODE FOR ALLOWABLE USES WITHIN THE BUFFER ZONES. 3. CONSTRUCTION SHALL BE ORGANIZED AND TIMED TO MINIMIZE THE DISTURBANCE OF SENSITIVE SPECIES OCCUPYING OR USING ON-SITE AND ADJACENT NATURAL HABITATS OR FEATURES, INCLUDING THE SPRING CREEK CORRIDOR, SHERWOOD LATERAL DITCH AND WETLAND AREAS. 4. CONSTRUCTION OF BARRIER FENCING SHALL BE PROVIDED AT THE LIMITS OF THE DEVELOPMENT DURING CONSTRUCTION. STANDARD PLAN NOTES AND REQUIREMENTS: 1. REFER TO FINAL UTILITY PLANS FOR EXACT LOCATIONS AND CONSTRUCTION INFORMATION FOR STORM DRAINAGE STRUCTURES, UTILITY MAINS AND SERVICES, PROPOSED TOPOGRAPHY, STREET IMPROVEMENTS. 2. REFER TO THE SUBDIVISION PLAT AND UTILITY PLANS FOR EXACT LOCATIONS, AREAS AND DIMENSIONS OF ALL EASEMENTS, LOTS, TRACTS, STREETS, WALKS AND OTHER SURVEY INFORMATION. 3. ALL CONSTRUCTION WITH THIS DEVELOPMENT PLAN MUST BE COMPLETED IN ONE PHASE UNLESS A PHASING PLAN IS SHOWN WITH THESE PLANS. 4. ALL EXTERIOR LIGHTING PROVIDED SHALL COMPLY WITH THE FOOT-CANDLE REQUIREMENTS IN SECTION 3.2.4 OF THE LAND USE CODE AND SHALL USE A CONCEALED, FULLY SHIELDED LIGHT SOURCE WITH SHARP CUT-OFF CAPABILITY SO AS TO MINIMIZE UP-LIGHT, SPILL LIGHT, GLARE AND UNNECESSARY DIFFUSION. 5. FIRE HYDRANTS MUST MEET OR EXCEED POUDRE FIRE AUTHORITY STANDARDS. ALL BUILDINGS MUST PROVIDE AN APPROVED FIRE EXTINGUISHING SYSTEM. 6. ALL BIKE RACKS PROVIDED MUST BE PERMANENTLY ANCHORED. 7 7. ALL SIDEWALKS AND RAMPS MUST CONFORM TO CITY STANDARDS. ACCESSIBLE RAMPS MUST BE PROVIDED AT ALL STREET AND DRIVE INTERSECTIONS AND AT ALL DESIGNATED ACCESSABLE PARKING SPACES. ACCESSABLE PARKING SPACES MUST SLOPE NO MORE THAN 1:48 IN ANY DIRECTION. ALL ACCESSIBLE ROUTES MUST SLOPE NO MORE THAN 1:20 IN DIRECTION OF TRAVEL AND WITH NO MORE THAN 1:48 CROSS SLOPE. 8. ANY DAMAGED CURB, GUTTER AND SIDEWALK EXISTING PRIOR TO CONSTRUCTION, AS WELL AS STREETS, SIDEWALKS, CURBS AND GUTTERS, DESTROYED, DAMAGED OR REMOVED DUE TO CONSTRUCTION OF THIS PROJECT, SHALL BE REPLACED OR RESTORED TO CITY OF FORT COLLINS STANDARDS AT THE DEVELOPER'S EXPENSE PRIOR TO THE ACCEPTANCE OF COMPLETED IMPROVEMENTS AND/OR PRIOR TO THE ISSUANCE OF THE FIRST CERTIFICATE OF OCCUPANCY. GENERAL LANDSCAPE NOTES: 1. MAINTENANCE: TREES AND VEGETATION, IRRIGATION SYSTEMS, FENCES, WALLS AND OTHER LANDSCAPE ELEMENTS WITH THESE FINAL PLANS SHALL BE CONSIDERED AS ELEMENTS OF THE PROJECT IN THE SAME MANNER AS PARKING, BUILDING MATERIALS AND OTHER SITE DETAILS. THE APPLICANT, LANDOWNER OR SUCCESSORS IN INTEREST SHALL BE JOINTLY AND SEVERALLY RESPONSIBLE FOR THE REGULAR MAINTENANCE OF ALL LANDSCAPING ELEMENTS IN GOOD CONDITION. ALL LANDSCAPING SHALL BE MAINTAINED FREE FROM DISEASE, PESTS, WEEDS AND LITTER, AND ALL LANDSCAPE STRUCTURES SUCH AS FENCES AND WALLS SHALL BE REPAIRED AND REPLACED PERIODICALLY TO MAINTAIN A STRUCTURALLY SOUND CONDITION. 2. THE FOLLOWING SEPARATIONS SHALL BE PROVIDED BETWEEN TREES/SHRUBS AND UTILITIES: 40 FEET BETWEEN CANOPY TREES AND STREET LIGHTS 15 FEET BETWEEN ORNAMENTAL TREES AND STREETLIGHTS 10 FEET BETWEEN TREES AND PUBLIC WATER, SANITARY AND STORM SEWER MAIN LINES 6 FEET BETWEEN TREES AND PUBLIC WATER, SANITARY AND STORM SEWER SERVICE LINES. 4 FEET BETWEEN SHRUBS AND PUBLIC WATER AND SANITARY AND STORM SEWER LINES 4 FEET BETWEEN TREES AND GAS LINES 8 3. THE FINAL LANDSCAPE PLAN SHALL BE COORDINATED WITH ALL OTHER FINAL PLAN ELEMENTS SO THAT THE PROPOSED GRADING, STORM DRAINAGE, AND OTHER DEVELOPMENT IMPROVEMENTS DO NOT CONFLICT WITH NOR PRECLUDE INSTALLATION AND MAINTENANCE OF LANDSCAPE ELEMENTS ON THIS PLAN. Finance Administration 215 N. Mason 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6788 970.221.6782 - fax fcgov.com Finance Committee Minutes 07/11/17 1:30 - 4:00 pm Colorado River Community Room – 222 Laporte Council Attendees: Mayor Wade Troxell, Ross Cunniff, Ken Summers Staff: Darin Atteberry, Mike Beckstead, Jeff Mihelich, John Duval, Travis Storin, John Voss, Tiana Smith, Lawrence Pollack, Andres Gavaldon, Joanne Cech, Lance Smith, Josh Birks, Carrie Daggett, Laurie Kadrich, Helen Matson, Kerri Allison, Sue Beck-Ferkiss, Rachel, Springob, Tyler Marr, Teresa Roche, Joaquin ‘Keen’ Garbisot, Mark Jackson, Kurt Ravenschlag, Michelle Provaznik Others: Kevin Jones (Chamber of Commerce), James Manire (First Southwest), Jim Burke, (Assurance Senior Manager, RSM US LLP) T Meeting called to order at 1:35 pm Ken Summer moved to approve Minutes for the May 15th Council Finance Meeting. Ross Cunniff seconded the motion. Minutes were amended to correct the following sentence which incorrectly stated that Ross Cunniff moved to approve the minutes and seconded. The motion was seconded by Gerry Horak. Ross Cunniff moved to approve Minutes for the April 28th Council Finance Meeting. Gerry Horak seconded the motion. Minutes for the May 15th Council Finance meeting were approved unanimously as amended. A. 2016 Financial Audit Review Travis Storin, Accounting Director Jim Burke, Assurance Senior Manager, RSM US LLP SUBJECT FOR DISCUSSION Independent Auditors’ Report on 2016 Financial Statements Independent Auditors’ Report on Compliance for Major Federal Programs EXECUTIVE SUMMARY RSM will be presenting the Report to the City Council. This report covers the audit of the basic financial statements and compliance of the City of Fort Collins for year-end December 31, 2016. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED Staff seeks input on areas of priority or concern, other than those established in this Report to the City Council, for matters of recordkeeping and/or the City’s internal control environment. ATTACHMENT 3 2 ………………………………………………………. Other Business Gardens at Spring Creek Funding Michelle Provaznik, Director Darin Atteberry; $2.8M project - contract with contractor - we expected $3M it came in at $2.8M There is an expiration date on the bid - extended out 90 days to September 7, 2017. The City requires that all of money for the project be appropriated before they can move forward with construction. We anticipate coming back to Council to remove the western sound wall which is approximately $200K. If built - we would operate within existing noise code requirements (ordinance) and see how that goes for a season or a year - we are optimistic. Recommend to Council Finance and Council that $400K be backfilled from reserves - There will be an appropriation coming forward for the $400K $800K backfill with donations - $400K be private fund raising Mike Beckstead; comes out of $5.3 unassigned at bottom - we appropriate We won’t sign the contract until we have the commitment from donors - potential modify and deal with sound wall Portion of Capital Tax which was approved by voters -Gardens - $2M was approved and went toward completion of the Visitor’s Center We are seeing some donor fatigue - we need to move forward - risk is that donors go away and we go back to zero Randy Morgan who has spearheaded fund raising $2.8M for all of the Gardens Ross Cunniff; $2M from the Capital Tax - relevant for Council to remember the role $2M we have for this project - $250K - largely donor funds to be used for stage, etc. (I’m not sure what this about exactly – sorry!) Scheduled for Council on July 18th Mayor Troxell; I am ok bringing it forward to Council - I appreciate all of the work that has been done with the bid and the donors. Friends of the Garden may want to do their own fundraising Ross Cunniff; the change we made on the 2nd Reading exempted the City from the noise ordinance. Fixed so that the city is not exempted from the requirements. Carrie Daggett; I thought that was a proposal and was not decided 3 Darin Atteberry; we will operate within the requirements – within the noise ordinance and go from there. Come back after a year of operations- that was put in on 2nd Reading to re-evaluate Ross Cunniff; condition of approval - not an ordinance change Carrie Daggett; will confirm that = Change of conditions would be a Council action – would need to go back to Council Darin Atteberry; It is important for Council to hear the zoom out vision next Tuesday. 1 Appropriation to Complete 5 Acres of Gardens Michelle Provaznik 8/8/2017 ATTACHMENT 4 Phase 1: Garden Completion 2 The Great Lawn 3 The Undaunted Garden 4 Foothills and Prairie Gardens 5 Phase 2: Visitor’s Center Completion 6 Butterfly Partnership 7 The 1,700 square foot conservatory will house up to 400 free- flying North American butterflies with thousands of blooming flowers. The butterfly house plans to open to the public in 2019. Phase 1: Project Budget Project Design: $ 202,000 (already spent) Project Construction: $2,829,000 Total Project Budget: $3,031,000 8 Phase 1: Project Revenues 9 City Contribution: $ 400,000 Community Leadership Donors: $1,000,000 Other Private Donations: $ 712,000 Ongoing additional private fundraising: $ 519,000 Asking for additional $400,000 from the City of Fort Collins Other Considerations 10 • Contractor has extended bid deadline until September 7, 2017. • The plan is to come back to Council with a recommendation to eliminate western sound wall and sound monitoring system which will ultimately reduce the overall cost approximately $200,000. -1- ORDINANCE NO. 104, 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE IN THE CAPITAL PROJECTS FUND AND APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND FOR TRANSFER TO THE CAPITAL PROJECTS FUND FOR CONSTRUCTION OF THE FINAL FIVE ACRES OF THE GARDENS ON SPRING CREEK PROJECT AND TRANSFERRING APPROPRIATIONS TO THE CULTURAL SERVICES AND FACILITIES FUND FOR THE ART IN PUBLIC PLACES PROGRAM WHEREAS, on June 7, 2016 Council adopted Ordinance No. 074, 2016 approving a major amendment for the City property informally known as the Gardens on Spring Creek. This amendment includes construction of five acres of gardens including the Great Lawn, Undaunted Garden, Foothills and Prairie Gardens; and WHEREAS, throughout the design and development review process, the Friends of the Gardens Board of Directors and Gardens Staff have been raising money for the construction of these new gardens; and WHEREAS, the total budget for the entire Project is $3,031,000; and WHEREAS, $1,712,000 has been raised from local foundations, businesses and individuals who support the Project, with an additional $519,000 of donations in process for a total of $2,231,000 in donations; and WHEREAS, $250,000 was appropriated in the 2013 Budget for the Great Lawn; and WHEREAS, $150,000 was appropriated in the 2013 Budget Adjustment Ordinance for the Undaunted Garden; and WHEREAS, this ordinance also appropriates an additional $400,000 from the General Fund for this project; and WHEREAS, this appropriation of $2,631,000 in addition to the existing funding of $400,000 to provide a total of $3,031,000 towards the Project; and WHEREAS, construction will not begin on the project until a permit is issued and a permit will not be issued until the Project, as previously approved, is ready to be built or City Council amends its previous approval; 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; and WHEREAS, $2,500 for APP was previously appropriated and transferred to the APP program on the $250,000 portion of the funds, therefore, APP of $27,810 will be appropriated -2- and transferred to the APP program from the remaining project funds of $2,781,000 ($2,231,000 in donations, $150,000 of prior appropriation and $400,000 in new City appropriation); 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 revenue as described herein will not cause the total amount appropriated in the Capital Projects Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year; and WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one fund or capital project to another fund or capital project, provided that the purpose for which the transferred funds are to be expended remains unchanged; the purpose for which the funds were initially appropriated no longer exists; or the proposed transfer is from a fund or capital project in which the amount appropriated exceeds the amount needed to accomplish the purpose specified in the appropriation ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That there is hereby appropriated from prior year reserves in the General Fund the sum of FOUR HUNDRED THOUSAND DOLLARS ($400,000) for transfer to the Capital Projects Fund for the final five acres of The Gardens on Spring Creek Project. Section 3. That there is hereby appropriated, upon receipt, from unanticipated revenue in the Capital Projects Fund the sum of TWO MILLION TWO HUNDRED AND THIRTY ONE THOUSAND DOLLARS ($2,231,000) for the final five acres of The Gardens on Spring Creek Project. Section 4. That the unexpended appropriated amount of TWENTY ONE THOUSAND SIX HUNDRED AND NINETY TWO DOLLARS ($21,692) in the Capital Projects Fund is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Art Project. Section 5. That the unexpended appropriated amount of FIVE THOUSAND FIVE HUNDRED SIXTY TWO DOLLARS ($5,562) in the Capital Projects Fund is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Program Operations. -3- Section 6. That the unexpended appropriated amount of FIVE HUNDRED FIFTY SIX DOLLARS ($556) in the Capital Projects Fund is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Program Maintenance. Introduced, considered favorably on first reading, and ordered published this 8th day of August, A.D. 2017, and to be presented for final passage on the 15th day of August, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 15th day of August, A.D. 2017. __________________________________ Mayor ATTEST: _______________________________ Interim City Clerk Outdoor Classroom Cottage Planting Plant Select Garden Historic Grove Vehicle Access Food Trucks Gatehouse Existing Fence Portable Restrooms Bike Parking- 150 Bikes Single Track Adventure Trail Rock Outcrops/ Hogbacks Dry Stream Prairie Maze Overlook Weather station Gathering Area Potential Boardwalk Deck FOOTHILLS GARDEN PRAIRIE GARDEN S H E R W O O D L A T E R A L ATTACHMENT 1