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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/04/2020 - FIRST READING OF ORDINANCE NO. 128, 2020, BEING TH Agenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY November 4, 2020 City Council STAFF Matt Robenalt, DDA Executive Director Kristy Klenk, DDA Financial Coordinator John Duval, Legal SUBJECT First Reading of Ordinance No. 128, 2020, Being the Annual Appropriation Ordinance for the Fort Collins Downtown Development Authority relating to the Annual Appropriations for the Fiscal Year 2021 and Fixing Mill Levy for the Downtown Development Authority for Fiscal Year 2021. EXECUTIVE SUMMARY The purpose of this item is to set the Downtown Development Authority ("DDA") Budget. The following amounts will be appropriated: DDA Public/Private Investments & Programs $8,067,545 DDA Operations & Maintenance $1,385,349 Revolving Line of Credit Draws $7,000,000 DDA Debt Service Fund $7,431,611 The DDA anticipates receiving in 2021 tax increment revenues of approximately $6,630,081 and approximately $788,897 in revenues from its five-mill property tax for the DDA’s operational and maintenance expenditures. The Ordinance also sets the 2021 Mill Levy for the Fort Collins DDA at five (5) mills, unchanged since tax year 2002. The approved Budget becomes the Downtown Development Authority's financial plan for 2021. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION The DDA was created in 1981 with the purpose, according to Colorado state statute, of planning and implementing projects and programs within the boundaries of the DDA. By state statute the purpose of the ad valorem tax levied on all real and personal property in the downtown development district, not to exceed five (5) mills, shall be for the budgeted operations of the authority. The DDA and the City adopted a Plan of Development that specifies the projects and programs the DDA would undertake. To carry out the purposes of the State statute and the Plan of Development, the City, on behalf of the DDA, has issued various tax increment bonds, which require debt servicing. CITY FINANCIAL IMPACTS The DDA is requesting approval of the DDA Public/Private Investments and Programs budget for fiscal year 2021 in the amount of $8,067,545 and DDA Operation and Maintenance budget for fiscal year 2021 in the amount of $1,385,349. It is requesting appropriation of up to $7,000,000 for the 2021 Line of Credit draws. It is also requesting approval of the DDA debt payment commitments in the amount of $7,431,611 for 2021 obligations. Agenda Item 4 Item # 4 Page 2 The 2021 Public/Private Investments and Program budget is projected as follows: Uses: Alley Operations $175,071 Alley Capital Reserve Replacement 182,357 Alley Design and Construction (Tenney, W Oak) 528,324 Alley Trash Enclosure Lease Payments 27,026 140 E Oak Pre-Development 637,129 140 E Oak Construction Capital 5,800,811 Façade Grant Program 163,470 Gateway Entrances 55,000 Old Town Square Operations 192,447 Old Town Square Capital Reserve Replacement 30,453 Tree Canopy 11,200 Urban Micro-Space Design Plan 113,314 Warehouse Operations 10,038 Other Public/Private Investments & Programs 140,905 Total $8,067,545 The 2021 Operations and Maintenance budget is projected as follows: Uses: Personnel Services $900,232 Contractual Professional Services 410,764 Purchased Supplies and Commodities 40,564 Other 33,789 Total $1,385,349 The 2021 Line of Credit draws, whose debt service payment will be made from the debt service fund, is projected to fund up to $7,000,000: Uses: Old Firehouse Alley Parking Garage IGA Payment $300,000 Multi-Year Reimbursement Payments 633,564 Project Management Fees 155,752 Business Marketing and Communications Program 325,000 Capital Asset General Maintenance Obligations 477,712 Capital Asset Replacement Reserve 197,926 Capital Asset Reserve & Replacement Annual Program 73,350 Future Public/Private Investments & Programs 4,836,696 Total $7,000,000 The DDA debt service fund is projected to have sufficient revenue to meet the required debt service payments for 2021: Uses: Debt Payment: 2021 $7,431,611 BOARD / COMMISSION RECOMMENDATION At its September 10, 2020 meeting, the Downtown Development Authority Board of Directors adopted its proposed budget for 2021 totaling $23,884,505 and determined the mill levy necessary to provide for payment of administrative costs incurred by the DDA. The amount of $23,884,505 meets the reporting criteria of the City of Fort Collins accounting standards but the DDA would like City Council to be aware that the total amount does not directly reflect the anticipated revenues from Tax Increment or the 5 mills for 2021. The Public/Private Investments and Programs budget of $8,067,545 are previously appropriated unspent funds of which 80% is dedicated to the Agenda Item 4 Item # 4 Page 3 qualified affordable housing partnership with Housing Catalyst at 140 E Oak Street. The repayment of the Line of Credit of $7,000,000 is reported as part of the Debt Service Payment total and is then reported separately for anticipated uses. ATTACHMENTS 1. Boundary Map (PDF) 2. DDA Resolution 2020-05 Determining and Fixing the Mill Levy (PDF) 3. DDA Resolution 2020-06 Determining and Recommending the 2021 Budget (PDF) 4. DDA Resolution 2020-07 Appropriation of the 2021 Line of Credit Draw Service (PDF) 5. DDA Resolution 2020-08 Appropriation for Debt Service (PDF) 6. DDA Resolution 2020-09 Appropriation of Public-Private Investments & Programs (PDF) C a c h e L a P o u d r e R i v e r I³ WXYZÕ E Vine Dr Riv e r s i d e A v eN College AveS Lemay AveS College Ave9th StE Lincoln Ave S Mason StS Howes StE Mulberry St W Laurel St Laporte Ave Remington StW Mulberry St N Lemay AveW Mountain Ave Jef f e r s o n S tN Mason StN Howes StESunigaRd E Mountain Ave Remington StNLe ma y AveSmith StE Elizabeth StMathews StPeterson StLocust St E Myrtle St Stover StWhedbee StLinden St12th StMaple St Cherry St Conifer St E Plum St W Oak St E Olive StW Olive St Will o w S t W Myrtle St Buckingham St E Oak St S Meldrum StHemlock St 1st StRedwood St3rd StS Whitcomb St2nd StDuff D r Lupine Dr W Magnolia StN Sherwood StN Whitcomb StC ajetanSt 10th StCanyon AveOsianderSt Cowan StN Meldrum StWoodwar dWay S Mason StJeromeStColorado StMain St Gold Dr Wal n u t S t Pascal St HoffmanMillRd O valDrEndicott StS Sherwood St11th StMulleinDrSycamore St Blue Spruce DrBellflower DrEast DrFrontage Rd E Laurel St WoodlawnDr Lesser DrPine StCordova RdE Magnolia St Lilac LnMartinez StN Mason StElmSt W P lum S t LongleafLnTrujillo St Maso nCtR iv e n d alDrLopez Ct Eastdale D r Poudre R i v e r D rLindenCenterDr Rembrandt DrLocust CtLa Garita Ln Baum StSangre De Cristo Ln Kenroy CtE Magnolia St E Laurel St Frontage Rd E Laurel St Pine StDowntown Development Authority Boundary Parcels DDA Boundary Printed: October 01, 2017 1 inch = 1,320 feet. 0 0.25 0.50.125 Miles Amended: March 7, 2017 ATTACHMENT 1 ATTACHMENT 2 ATTACHMENT 3 ATTACHMENT 4 ATTACHMENT 5 ATTACHMENT 6 -1- ORDINANCE NO. 128, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS BEING THE ANNUAL APPROPRIATION ORDINANCE FOR THE FORT COLLINS DOWNTOWN DEVELOPMENT AUTHORITY RELATING TO THE ANNUAL APPROPRIATIONS FOR THE FISCAL YEAR 2021 AND FIXING THE MILL LEVY FOR THE DOWNTOWN DEVELOPMENT AUTHORITY FOR FISCAL YEAR 2021 WHEREAS, the Fort Collins Downtown Development Authority (the “DDA”) has been duly organized in accordance with the Colorado Revised Statutes (“C.R.S.”) Section 31-25-804; and WHEREAS, on September 10, 2020, DDA Board of Directors (the “DDA Board”), acting under the provisions of C.R.S. Section 31-25-816, adopted a proposed and recommended DDA budget for the fiscal year beginning January 1, 2021, as reflected in DDA Board Resolutions 2020-06, 2020-07, 2020-08 and 2020-09 (the “Budget”), and determined the mill levy necessary to provide for payment during fiscal year 2021 of properly authorized operational and maintenance expenditures to be incurred by the DDA; and WHEREAS, the DDA anticipates receiving in 2021 tax increment revenues of approximately $6,630,081 and approximately $788,897 in revenues from its five-mill property tax for the DDA’s operational and maintenance expenditures; and WHEREAS, it is the desire of the Council to appropriate the sum of TWENTY-THREE MILLION, EIGHT HUNDRED EIGHTY-FOUR THOUSAND, FIVE HUNDRED AND FIVE DOLLARS ($23,884,505) from the DDA Operation and Maintenance Fund and the DDA Debt Service Fund for the fiscal year beginning January 1, 2021 and ending December 31, 2021, to be used as follows: DDA Public/Private Investments & Programs (O&M Fund) $8,067,545 DDA Operations & Maintenance (O&M Fund) 1,385,349 2021 Revolving Line of Credit Draws 7,000,000 DDA Debt Service Fund 7,431,611 Total $23,884,505 ; and WHEREAS, the DDA Board, as reflected in DDA Board Resolution 2020-05, has recommended to the Council that pursuant to C.R.S. Section 31-25-817 the Council set a mill levy of five (5) mills upon each dollar of assessed valuation on all taxable property within the DDA District, such levy representing the amount of taxes necessary to provide for payment during the 2021 fiscal year for all properly authorized operational and maintenance expenditures to be incurred by the DDA; and WHEREAS, the amount of this proposed mill levy is not an increase over prior years and, as such, prior voter approval of the proposed levy is not required under Article X, Section 20 of the Colorado Constitution; and -2- WHEREAS, C.R.S. Section 39-5-128(1) requires certification of this mill levy to the Larimer County Board of County Commissioners no later than December 15, 2020. 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 the City Council hereby approves the Budget as provided in C.R.S. Section 31-25-816(1). Section 3. That there is hereby appropriated for fiscal year 2021 for expenditure from the DDA Operation and Maintenance Fund for the Downtown Development Authority Public/Private Investments and Programs the sum of EIGHT MILLION SIXTY-SEVEN THOUSAND FIVE HUNDRED FORTY-FIVE DOLLARS ($8,067,545), to be expended to fund the payment of the DDA-related obligations that have been entered into or will be entered into in furtherance of the DDA’s approved plan of development. Section 4. That there is also hereby appropriated for fiscal year 2021 for expenditure from the DDA Operation and Maintenance Fund for the Downtown Development Authority Operation and Maintenance the sum of ONE MILLION THREE HUNDRED EIGHTY-FIVE THOUSAND THREE HUNDRED FORTY-NINE DOLLARS ($1,385,349), to be expended for the authorized purposes of the DDA. Section 5. That there is hereby appropriated for fiscal year 2021 for expenditure from the Downtown Development Authority 2021 Line of Credit draws the sum of up to SEVEN MILLION DOLLARS ($7,000,000), to be used to finance DDA projects or programs in accordance with the DDA Plan of Development including the multi-year reimbursement payments, and capital asset maintenance obligations. Section 6. That there is hereby appropriated for the fiscal year 2021 for expenditure from the Downtown Development Authority Debt Service Fund the sum of SEVEN MILLION FOUR HUNDRED THIRTY-ONE THOUSAND SIX HUNDRED ELEVEN DOLLARS ($7,431,611), for payment of debt service on a previously issued and outstanding bond, and for payment on the 2021 Line of Credit draws. Section 7. That the DDA’s mill levy rate for the taxation upon each dollar of the assessed valuation of all taxable property within the DDA District shall be five (5) mills to be imposed on the assessed value of such property as set by state law for property taxes payable in 2021, which levy represents the amount of taxes necessary to provide for payment during fiscal year 2021 of all properly authorized operational and maintenance expenditures to be incurred by the DDA, as appropriated herein. The City Clerk shall certify said mill levy to the County Assessor and the Board of County Commissioners of Larimer County, Colorado, no later than December 15, 2020. -3- Introduced, considered favorably on first reading, and ordered published this 4th day of November, A.D. 2020, and to be presented for final passage on the 17th day of November, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 17th day of November, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk