The URL can be used to link to this page

Home My WebLink AboutCOUNCIL - AGENDA ITEM - 07/03/2018 - SECOND READING OF ORDINANCE NO. 078, 2018, APPROPRAgenda Item 1 Item # 1 Page 1 AGENDA ITEM SUMMARY July 3, 2018 City Council STAFF Kurt Friesen, Director of Park Planning & Development Cyril Vidergar, Legal SUBJECT Second Reading of Ordinance No. 078, 2018, Appropriating Unanticipated Revenue in 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 for the Poudre River Whitewater Park Project. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on June 19, 2018, appropriates $318,099 in additional fundraising dollars secured for the Whitewater Park Project. The Whitewater Park Project is scheduled to begin construction in summer 2018 and be completed in summer 2019. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, June 19, 2018 (w/o attachments) (PDF) 2. Ordinance No. 078, 2018 (PDF) Agenda Item 8 Item # 8 Page 1 AGENDA ITEM SUMMARY June 19, 2018 City Council STAFF Kurt Friesen, Director of Park Planning & Development Cyril Vidergar, Legal SUBJECT Items Relating to Poudre River Whitewater Park Fundraising. EXECUTIVE SUMMARY A. Resolution 2018-061 Recognizing Revenues Received from Private Fundraising and Finding Substantial Satisfaction of Conditions on Prior Appropriations for the Poudre River Whitewater Park Project. B. First Reading of Ordinance No. 078, 2018, Appropriating Unanticipated Revenue in 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 for the Poudre River Whitewater Park Project. The purpose of this item is to acknowledge receipt of the full amount of fundraising dollars required to release expenditure of the Community Capital Improvement Program (CCIP) funds appropriated for the project under Ordinance No. 058, 2018, and to appropriate additional fundraising dollars secured for the Whitewater Park Project. STAFF RECOMMENDATION Staff recommends approval of the Resolution and Ordinance on First Reading. BACKGROUND / DISCUSSION Per Ordinance No. 013, 2015, a City Council resolution is required to confirm receipt of at least $1.5M of fundraising obligation required to release the $4.2M of CCIP funds previously appropriated for this project. City staff has confirmed receipt of a total of $1,921,951 of fundraising dollars for the project. Of that amount, $1,603,852 has been appropriated. The remaining $318,099 requires appropriation. 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 $1,734,000 General Fund (property acquisition) $1,492,000 Urban Renewal Authority $303,000 Park Impact Fees (property acquisition) $862,971 Fundraising $1,603,852 ATTACHMENT 1 Agenda Item 8 Item # 8 Page 2 Sub-Total Available Funding $11,195,823 Additional Fundraising to be appropriated $318,099 Total Available Funding $11,513,922 Total Fundraising $1,921,951 The Whitewater Park Project is scheduled to begin construction in summer 2018 and be completed in summer 2019. CITY FINANCIAL IMPACTS The release of appropriated funds for construction expenses of the Project is necessary to meet current project schedules. The appropriation is for additional fundraising dollars from a private donor. No additional City funding is necessary. City staff recommends an appropriation of $318,099 from the Capital Project Fund, plus the required APP contributions. BOARD / COMMISSION RECOMMENDATION City staff has met with multiple boards, commissions, and citizen groups regarding the project, who are all supportive of the project and the fundraising dollars secured. These boards include:  Parks & Recreation Board  North College Citizen Advisory Group (CAG)  Commission on Disabilities  Water Board  Natural Resources Advisory Board  Land Conservation & Stewardship Board 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. Whitewater Park Fundraising Report (PDF) -1- ORDINANCE NO. 078, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE IN 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 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, 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, on March 6, 2018, the City and the Urban Renewal Authority (the “URA”) entered into an intergovernmental agreement by which the URA agreed to provide the City additional funds toward the Whitewater Park Project costs, recognizing the value of the Project in furthering the URA’s North College Plan; and WHEREAS, on May 1, 2018, the City Council adopted Ordinance No. 058, 2018, appropriating additional funds for the Whitewater Park Project, including $300,000 provided by the URA, subject to the conditions that:  such additional 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  the City Council adopts a resolution making a determination that such condition of Ordinance No. 013, 2015, has been fully satisfied; and WHEREAS, the City Manager reported and recommended to City Council, pursuant to the conditions in Ordinance No. 058, 2018, that the City has received a total of $1,921,950 in private fundraising donations toward the Project, $1,603,852 of which has been appropriated, and $318,099 still requires appropriation; and -2- WHEREAS, the City Manager has recommended appropriation of the remaining $318,099 in private fund donations, as described herein, and determined that these appropriations are available and previously unappropriated from the General Fund and the Capital Project Fund, as applicable, and will not cause the total amount appropriated in such funds, as applicable, to exceed the current estimate of actual and anticipated revenues to be received in these funds during the fiscal year; and WHEREAS, this appropriation benefits public health, safety and welfare of the citizens of Fort Collins and serves the public purpose of providing recreational resources for the community; 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, 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 unanticipated revenue in the Capital Projects Fund the sum of THREE HUNDRED EIGHTEEN THOUSAND NINETY-NINE DOLLARS ($318,099) for the Poudre River Whitewater Project and appropriated therein. Section 3. That the unexpended appropriated amount of TWO THOUSAND FOUR HUNDRED EIGHTY-ONE DOLLARS ($2,481) 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. -3- Section 4. That the unexpended appropriated amount SEVEN HUNDRED DOLLARS ($700) 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. Introduced, considered favorably on first reading, and ordered published this 19th day of June, A.D. 2018, and to be presented for final passage on the 3rd day of July, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 3rd day of July, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk