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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/05/2019 - ITEMS RELATING TO APPROPRIATIONS FOR THE I-25/PROSAgenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY March 5, 2019 City Council ITEM MOVED TO DISCUSSION STAFF Blaine Dunn, Senior Treasury Analyst Travis Storin, Accounting Director John Duval, Legal SUBJECT Items Relating to Appropriations for the I-25/Prospect Interchange and Police Regional Training Campus. EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 030, 2019, Appropriating Unanticipated Revenue in the General Fund for the I-25/Prospect Interchange and Authorizing the Transfer of Appropriations from the General Fund to the Capital Projects Fund, and Appropriating Prior Year Reserves in the Transportation Capital Expansion Fund for the I-25 and Prospect Interchange and Authorizing the Transfer of Appropriations from the Transportation Capital Expansion Fund to the Capital Projects Fund, and Authorizing the Transfer of Appropriations from the Capital Projects Fund to the Cultural Services and Facilities Fund for the Art in Public Places Program. B. Second Reading of Ordinance No. 031, 2019, Appropriating Unanticipated Revenue in the General Fund for the Police Regional Training Campus and Authorizing the Transfer of Appropriations from the General Fund to the Cultural Services and Facilities Fund for the Art in Public Places Program. These Ordinances, unanimously adopted on First Reading on February 19, 2019, appropriate the lease financing proceeds received from the Certificates of Participation for the I-25/Prospect Interchange and Police Regional Training Campus, respectively. STAFF RECOMMENDATION Staff recommends adoption of the Ordinances on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, February 19, 2019 (w/o attachments) (PDF) 2. Ordinance No. 030, 2019 (PDF) 3. Ordinance No. 031, 2019 (PDF) Agenda Item 7 Item # 7 Page 1 AGENDA ITEM SUMMARY February 19, 2019 City Council STAFF Blaine Dunn, Senior Treasury Analyst Travis Storin, Accounting Director John Duval, Legal SUBJECT Items Relating to Financing and Appropriation for the I-25/Prospect Interchange and Police Regional Training Campus. EXECUTIVE SUMMARY A. Second Reading of Ordinance No. 021, 2019, Authorizing the Leasing of Certain City Property and the Execution and Delivery by the City of a Site Lease, a Lease Agreement, and Other Documents and Matters in Connection with the Financing of Certain Projects for the City. B. First Reading of Ordinance No. 030, 2019, Appropriating Unanticipated Revenue in the General Fund for the I-25/Prospect Interchange and Authorizing the Transfer of Appropriations from the General Fund to the Capital Projects Fund, and Appropriating Prior Year Reserves in the Transportation Capital Expansion Fund for the I-25 and Prospect Interchange and Authorizing the Transfer of Appropriations from the Transportation Capital Expansion Fund to the Capital Projects Fund, and Authorizing the Transfer of Appropriations from the Capital Projects Fund to the Cultural Services and Facilities Fund for the Art in Public Places Program. C. First Reading of Ordinance No. 031, 2019, Appropriating Unanticipated Revenue in the General Fund for the Police Regional Training Campus and Authorizing the Transfer of Appropriations from the General Fund to the Cultural Services and Facilities Fund for the Art in Public Places Program. Ordinance No. 021, 2019, unanimously adopted on First Reading on February 5, 2019, authorizes the financing, through Certificates of Participation (COPs), needed for both the I-25/Prospect Interchange and Police Training Facility Joint Venture. City staff is seeking $25.3 million in financing through Certificates of Participation (COPs) for a March 2019 closing. This financing will help support the construction of the I-25/Prospect interchange ($17.1 million) and the Police Training Facility Joint Venture ($8.2 million). Ordinance Nos. 030 and 031, 2019, appropriate the lease financing proceeds received from the COPs for the I- 25/Prospect Interchange and Police Regional Training Campus, respectively. A related item is included under Discussion on this Agenda that addresses the Intergovernmental Agreements (IGAs) with the City of Loveland concerning the Police Regional Training Campus. STAFF RECOMMENDATION Staff recommends adoption of Ordinance No. 021, 2019, on Second Reading and Ordinance Nos. 030 and 031, 2019 on First Reading. ATTACHMENT 1 Agenda Item 7 Item # 7 Page 2 BACKGROUND / DISCUSSION I-25/Prospect Interchange Council has previously adopted four resolutions regarding the interchange: Resolution 2018-004, Resolution 2018-005, Resolution 2018-024, and Resolution 2018-074. These resolutions did the following:  Resolution 2018-004: Approved Intergovernmental Agreement (IGA) with CDOT stating the City of Fort Collins’ intent to provide an additional $17.1 million in funding for the I-25/Prospect interchange improvements. This is an amendment to the existing IGA with CDOT that currently allocates the City’s fair share contribution of funds for the North I-25 improvements ($1.125 million per year for 2017 and 2018). ꞏ Resolution 2018-005: Approved Memorandum of Understanding (MOU) with the private property interests proximate to the interchange, stating their intent to repay the City of Fort Collins their share of the interchange improvements ($8.25 million).  Resolution 2018-024: Approved Binding Agreement pertaining to development of I-25/Prospect interchange improvements between the City and the private property owners proximate to the interchange. The Binding Agreement formalized the previous MOU approved in Resolution 2018-005. Under this Binding Agreement the property owners agreed to pay back the City a total of $8.25 million for their share of the interchange improvements.  Resolution 2018-074: Approved IGA with the Town of Timnath for financial participation in the I-25/Prospect interchange improvements. This IGA is an agreement for the Town of Timnath to pay back the City of Fort Collins $2.5 million for their share of the interchange improvements. The interchange at Prospect Road and I-25 is aging infrastructure currently beyond its design lifespan and is failing in level of service (congestion) at peak periods of travel. Existing and planned development in the area are exacerbating congestion and safety issues. The interchange and Prospect Road are a critical gateway into central Fort Collins, as well as Timnath. City of Fort Collins staff worked closely with CDOT during preliminary design phases to ensure improvements to the interchange meet the City’s needs, design standards, and integrates with the City’s road network. City staff worked with CDOT Project Managers, Town of Timnath, and private property interests proximate to the interchange throughout the past year to develop a private-public funding partnership model to share costs related to the interchange improvements. City of Fort Collins will act as primary agent with CDOT on the funding agreement, with separate repay agreements to the City from Town of Timnath, and the private property interests. Police Regional Training Campus In 2014, the City of Fort Collins and City of Loveland held a Joint Council session to discuss the possibility of a police training facility (“Training Campus”) to be shared between the two agencies and to act as a regional resource for our neighbors. The Training Campus would be located on a portion of the Northern Colorado Regional Airport (“Airport”). There were needs and benefits identified to provide a better facility for training of both agencies. Some of the benefits identified were:  Ensure a highly trained, efficient world class operation  Develop a center that allows for current and future growth  Ability to train together with multiple jurisdictions (many high-profile incidents are multi-jurisdictional)  Provide members of law enforcement, fire, government, and private entities a venue for training  Fulfill Colorado Peace Officer Standards and Training (POST) training requirements In 2017, Fort Collins and Loveland City Councils entered into an IGA that jointly approved for design work to begin on the facility. There were some assumptions made as part of the partnership: Facility was to be jointly owned and operated and costs are split 50/50; Loveland will take the lead on contracts for design and Agenda Item 7 Item # 7 Page 3 construction administration with Fort Collins reimbursing Loveland for its share of the costs. The second IGA (presented for Council’s consideration here) will address construction, ownership, operation, maintenance, and management of the facility. Operations agreements will be resolved before the construction bid process. The third IGA (also presented for Council consideration here) will establish an agreement between the Cities to use a certain portion of Airport real property for the Training Campus to comply with a Federal Aviation Administration requirement. Staff at the two Cities have been working with the design firm SHE to design a facility that meets the scope, budget, and building requirements for both organizations. Based on updated requirements from the Airport and surveys of the land, adjustments have been made to the design to stay within the project budget and the scoped needs of both agencies. The facility is set to include:  50-yard, 21 lane indoor pistol range  6,000 sq. ft. administration space, including - 2 classrooms and office space  Driving skid pad  1.4-mile driving pursuit/speed track  Room to add on and grow in the future, including - Street grid and tactical village, 100-yard range, shoot house, EVOC maintenance facility and fuel station, ATV and off-road driving course. CITY FINANCIAL IMPACTS I-25/Prospect Interchange Appropriation - Ordinance No. 030, 2019 The total cost for CDOT to improve the interchange is estimated at $31 million. This includes an additional $7 million (beyond CDOT’s basic interchange design standard) for urban design amenities required by the City of Fort Collins and to be paid by Fort Collins, Timnath and private property interests. CDOT will share in 50% of the base design portion, or $12 million. The remaining $19 million will be split across the City, property owners, and Timnath at 43.4%, 43.4%, and 13.2%, respectively. Timnath’s share is based on traffic studies totaling 2.5 million. The City and property owners will evenly split the remaining $16.5 million cost at $8.25 million each. The principal borrowed is the balance of the $19 million costs after accounting for right-of-way ($500k) contributions and Transportation Capital Expansion Fees (TCEF) ($1.4 million). The net amount is $17.1 million. The City would be responsible for debt service in full and then separately collect from Timnath and the property owners under the aforementioned repayment agreements. This ordinance will appropriate a total of $19,099,945. The source and use of the funds are as follows: The COPs will be transferred from the general fund to the capital projects fund and art in public places fund. The TCEF contribution will be transferred from the TCEF fund into the capital projects fund. Police Training Facility Joint Venture - Ordinance No. 031, 2019 The total cost of the facility will be $18.5 million. Both cities have agreed to split the constructions costs 50/50, making the City of Fort Collins’ portion of the project $9.25 million. In the 2017/18 budget, Council appropriated $1.08 million for this project from General Fund Reserves. With this previous appropriation the City is seeking $8.17 million in financing for the remainder of our share of the construction costs. Source of Funds Use of Funds COPs $ 17,332,445 Payment to CDOT $ 16,867,500 TCEF Contribution 1,400,000 City Urban Design Work 1,917,500 Right of Way Contributions 367,500 Closing Costs 232,445 Art in Public Places* 82,500 Total $ 19,099,945 Total $ 19,099,945 *Based on Fort Collins share of interchange of $8.25M Agenda Item 7 Item # 7 Page 4 This ordinance will appropriate a total of $8,308,123. The source and use of the funds are as follows: The funds will all be spent out of the General Fund. ATTACHMENTS 1. First Reading Agenda Item Summary, February 5, 2019 (w/o attachments) (PDF) 2. Ordinance No. 021, 2019 (PDF) Source of Funds Use of Funds COPs 8,308,123 Payment to Loveland 8,098,020 Closing Costs 129,123 Art in Public Places 80,980 Total 8,308,123 Total 8,308,123 -1- ORDINANCE NO. 030, 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE IN THE GENERAL FUND FOR THE I-25/PROSPECT INTERCHANGE AND AUTHORIZING THE TRANSFER OF APPROPRIATIONS FROM THE GENERAL FUND TO THE CAPITAL PROJECTS FUND, AND APPROPRIATING PRIOR YEAR RESERVES IN THE TRANSPORTATION CAPITAL EXPANSION FUND FOR THE I-25 AND PROSPECT INTERCHANGE AND AUTHORIZING THE TRANSFER OF APPROPRIATIONS FROM THE TRANSPORTATION CAPITAL EXPANSION FUND TO THE CAPITAL PROJECTS FUND, AND AUTHORIZING THE TRANSFER OF APPROPRIATIONS FROM THE CAPITAL PROECTS FUND TO THE CULTURAL SERVICES AND FACILITIES FUND FOR THE ART IN PUBLIC PLACES PROGRAM WHEREAS, the interchange at Interstate Highway 25 and Prospect Road (the “Interchange”) is owned by the State of Colorado (the “State”) and operated and maintained by the Colorado Department of Transportation (“CDOT”); and WHEREAS, CDOT is in the process of implementing a construction project to significantly modify and improve the Interchange by reconstructing its ramps and bridge and by reconstructing Prospect Road to a configuration with four through lanes, a raised median, left turn lanes and pedestrian and bicycle facilities, with this work to include certain enhanced urban design elements (the “Project”); and WHEREAS, CDOT has estimated that the total cost of the Project will be approximately $31 million, but it has indicated that it will only provide $12 million to fund the Project, leaving a $19 million deficit (the “Deficit”); and WHEREAS, CDOT has asked Fort Collins to participate in the Project by funding the Deficit and, to memorialize Fort Collins’ obligation to fund the Deficit, CDOT and Fort Collins have entered into the “State of Colorado Amendment, Amendment #:1, Project #: 21506” (the “CDOT IGA”); and WHEREAS, while the Interchange is within Fort Collins’ boundaries and the Project will provide significant transportation and economic benefits to Fort Collins and its residents, others will also experience significant direct benefits from the Project, including Timnath and five private entities (the “Property Owners”) that own several parcels of real property located within Fort Collins’ boundaries that are adjacent to the four corners of the Interchange; and WHEREAS, Timnath and the Property Owners have agreed with the City to share in the Deficit under agreements the City Council has previously approved, but they will share in such Deficit through payments to the City over time; and WHEREAS, Fort Collins has entered into the CDOT IGA and agreed to pay the Deficit to CDOT with the understanding that Timnath and the Property Owners will share in funding the Deficit through future payments; and -2- WHEREAS, to fund the City’s payment of the Deficit under the CDOT IGA, the Council has approved in Ordinance No. 012, 2019, the issuance of certificates of participation that are anticipated to generated proceeds to the City of $17,332,445; and WHEREAS, there is also $1,400,000 appropriated and unexpended in the City’s Transportation Improvements Fund and $367,500 appropriated and unexpended in the Capital Projects Fund available to further fund the City’s share of the Project; and WHEREAS, this Ordinance serves the public purpose of appropriating and providing the funds needed to pay to CDOT the City’s share of the Project, which Project will significantly benefit the public’s health, safety and welfare; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon recommendation of the City Manager, 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, the City Manager has recommended the appropriations described herein and determined that these appropriations are available and previously unappropriated from the General Fund, the Transportation Improvements Fund and the Capital Projects Fund and will not cause the total amount appropriated in these funds to exceed the current estimate of actual and anticipated revenues to be received in each fund during this fiscal year; and WHEREAS, Article V, Section 10(b) of the City Charter authorizes the City Council, upon the recommendation of the City Manager, 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 proposed transfer is from a fund or capital project in which the amount appropriated therein exceeds the amount needed to accomplish the purpose specified in the appropriation for that fund; and WHEREAS, because this project involves construction estimated to cost more than $250,000, 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 program; and WHEREAS, the City Manager has recommended the transfers herein from the Capital Projects Fund to the Cultural Services and Facilities Fund for the Art in Public Places program and has determined that such transfers may be made because the amount appropriated in the Capital Projects Fund exceeds the amount needed to accomplish the purposes specified for the amounts appropriated in the Fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: -3- 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 General Fund for transfer to the Capital Projects Fund the sum of SEVENTEEN MILLION THREE HUNDRED THIRTY-TWO THOUSAND FOUR HUNDRED FORTY-FIVE DOLLARS ($17,332,445) for the Project and appropriated therein. Section 3. That there is hereby appropriated for expenditure from prior year reserves in the Transportation Improvements Fund for transfer to the Capital Projects Fund the sum of ONE MILLION FOUR HUNDRED THOUSAND DOLLARS ($1,400,000) for the Project and appropriated therein. Section 4. That there is hereby appropriated for expenditure from unanticipated revenue in the Capital Projects Fund the sum of THREE HUNDRED SIXTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS ($367,500) for the Project and appropriated therein. Section 5. That the unexpended appropriated amount of SIXTY-FOUR THOUSAND THREE HUNDRED FIFTY DOLLARS ($64,350) 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 6. That the unexpended appropriated amount of SIXTEEN THOUSAND FIVE HUNDRED DOLLARS ($16,500) 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. Section 7. That the unexpended appropriated amount of ONE THOUSAND SIX HUNDRED FIFTY DOLLARS ($1,650) 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 19th day of February, A.D. 2019, and to be presented for final passage on the 5th day of March, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ City Clerk -4- Passed and adopted on final reading on the 5th day of March, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ City Clerk -1- ORDINANCE NO. 031, 2019 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE IN THE GENERAL FUND FOR THE POLICE REGIONAL TRAINING CAMPUS AND AUTHORIZING THE TRANSFER OF APPROPRIATIONS FROM THE GENERAL FUND TO THE CULTURAL SERVICES AND FACILITIES FUND FOR THE ART IN PUBLIC PLACES PROGRAM WHEREAS, the City of Fort Collins and the City of Loveland (jointly, the “Cities”) intend to jointly construct, own, operate, maintain and manage a regional training campus for the benefit of their respective law enforcement agencies and for use by third-party agencies as the parties may agree; and WHEREAS, the Cities intend to enter into intergovernmental agreements related to the training campus, which shall include among other requirements, that the Cities will own, design, construct, operate, maintain and manage the training campus equally, with each City sharing fifty percent (50%) of the costs; and WHEREAS, under the intergovernmental agreements, the cost of the construction of the training campus shall not exceed $18,518,782.00 and each City shall be responsible for an equal share of $9,259,391.00; and WHEREAS, City Council approved an appropriation of $1,080,000.00 from General Fund Reserves regarding Offer 29.36 in the 2017-2018 Adopted Budget for the police training campus; and WHEREAS, this appropriation serves the public purpose of providing for the construction of a police regional training campus through which the City of Fort Collins will have improved ability to train its law enforcement officers for the benefit of the public safety of its citizens; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon recommendation of the City Manager, 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, the City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated from the General Fund and will not cause the total amount appropriated in the General 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(b) of the City Charter authorizes the City Council, upon recommendation of the City Manager, to transfer during the fiscal year 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 proposed transfer is from a fund or capital project in which the amount appropriated therein exceeds the amount needed to accomplish the purpose specified in the appropriation for that fund; and -2- WHEREAS, because this project involves construction estimated to cost more than $250,000, 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 program; and WHEREAS, the City Manager has recommended transfers herein from the General Fund to the Cultural Services and Facilities Fund for the Art in Public Places program and has determined that such transfers may be made because the amount appropriated in the General Fund exceeds the amount needed to accomplish the purpose specified for the amount appropriated in the Fund; and 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 General Fund the sum of EIGHT MILLION THREE HUNDRED EIGHT THOUSAND ONE HUNDRED TWENTY-THREE DOLLARS ($8,308,123) for the Police Regional Training Campus and appropriated therein. Section 3. That the unexpended appropriated amount of SIXTY-THREE THOUSAND ONE HUNDRED SIXTY-FOUR DOLLARS ($63,164) in the General Fund is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Art Project. Section 4. That the unexpended appropriated amount of SIXTEEN THOUSAND ONE HUNDRED NINETY SIX DOLLARS ($16,196) in the General Fund is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Program Operations. Section 5. That the unexpended appropriated amount of ONE THOUSAND SIX HUNDRED TWENTY DOLLARS ($1,620) in the General Fund is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Program Maintenance. -3- Introduced, considered favorably on first reading, and ordered published this 19th day of February, A.D. 2019, and to be presented for final passage on the 5th day of March, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 5th day of March, A.D. 2019. __________________________________ Mayor ATTEST: _______________________________ City Clerk 03-05-2019 COPs Financing: I-25/Prospect Interchange & Police Training Facility Blaine Dunn, Sr. Treasury Analyst & Travis Storin, Accounting Director Modifications from First Reading • Ordinances 2019-030 and 2019-031 passed 7-0 at first reading • Moved from consent to discussion based on an increased appropriation of $103,611 vs. first reading • Results in lower cost of borrowing for the City 2 Background • Auction Sale was completed the morning of March 5, 2019 • 13 qualified underwriters submitted bids • Bids are evaluated based on True Interest Cost (TIC), which is a composite measure used to normalize the many variables in a bid • Winning bid of 2.92% TIC • Increase of $103,611 in upfront borrowing, substantial decrease in ongoing interest payments • $1.3M of total savings over the 2/5 Council-authorized amount • $349K annual savings vs. BFO Offers 3 Second Reading of Ordinances • Ordinance 2019-030 • Appropriating funds for I-25/Prospect Interchange • Ordinance 2019-031 • Appropriating funds for Police Regional Training Campus 4