HomeMy WebLinkAbout109 - 08/20/2013 - WAIVING THE APPLICATION OF THE ART IN PUBLIC PLACES REQUIREMENTS IN ARTICLE XII OF CHAPTER 23 OF THE ORDINANCE NO. 109, 2013
OF THE COUNCIL OF THE CITY OF FORT COLLINS
WAIVING THE APPLICATION OF THE ART IN PUBLIC PLACES REQUIREMENTS
IN ARTICLE XII OF CHAPTER 23 OF THE CODE OF THE CITY OF FORT COLLINS
TO IMPROVEMENTS CONSTRUCTED PURSUANT TO THE CITY'S
AGREEMENT WITH WOODWARD, INC., AND THE DOWNTOWN
DEVELOPMENT AUTHORITY REGARDING THE LINK-N-GREEN DEVELOPMENT
WHEREAS, pursuant to Ordinance No. 055, 2013, the City, the Downtown Development
Authority("DDA"), and Woodward Inc ("Woodward") entered into an agreement which provides
that Woodward will advance up to $6.05 million to the DDA to fund certain public improvements,
to be made on or near the former Link-N-Greens Golf Course in connection with the redevelopment
of that property (the "Woodward Site") and the City will act as either the project manager or
construct the public improvements; and
WHEREAS, the public improvements include right-of-way improvements ($1,750,000),
open space restoration($3,500,000),and the relocation and installation of a power transmission line
($1,297,080) that currently crosses the Woodward Site for a total cost of$6,547,080; and
WHEREAS, Woodward has agreed to advance funds to the City through the DDA in the
amount of$6,047,080 for these public improvements, and the Natural Areas Fund is providing
$500,000 for the open space restoration; and
WHEREAS,on June 4,2013,Ordinance No. 076,2013,the City appropriated unanticipated
DDA revenue in the amount of$1,297,080 in the General Fund for the relocation and installation
of the transmission line on the Woodward Site; and
WHEREAS, on this date the City Council has adopted Ordinance No. 098, 2013,
appropriating unanticipated revenue in the Capital Projects Fund and authorizing the transfer of
existing appropriations from the Natural Areas Fund to the Capital Projects Fund for the public
improvements; and
WHEREAS, Article XII of Chapter 23 of the City Code, regarding Art in Public Places
("APP"),requires that appropriations for construction projects estimated to cost over$250,000,must
include an amount equal to one percent of the estimated project cost for works of art; and
WHEREAS,the one-percent APP requirement applies only to construction projects by or for
the City, and the relocation and installation of the Platte River transmission line the City will not
constitute a City improvement; and
WHEREAS, the one-percent APP requirement applies only to construction, rehabilitation,
renovation, remodeling or improvement of a building, structure, street, sidewalk, park, utility or
other public improvement,and the open space improvements for which DDA funds are appropriated
in Ordinance No. 098, 2013,_primarily constitute land restoration activites that are not generally
treated as construction under the APP provisions; and
WHEREAS, as part of the open space improvements staff will arrange for the APP one-
percent requirement to be met using appropriate City funds to the extent required for project
elements that constitute construction, such as the trail; and
WHEREAS,the right-of-way improvements for which funds are appropriated in Ordinance
No. 098, 2013, generally fall within the scope of the one-percent APP requirement as written; and
WHEREAS,the financing arrangements established in the Agreement are unique and result
in the undertaking by the City of developer right-of-way improvements projects that would not
normally be the responsibility of the City; and
WHEREAS,the potential application of the one-percent APP requirement was not taken into
account in developing the financing and cost estimates for the Agreement, and the funds provided
to the City for the improvements do not include funds for the APP requirement; and
WHEREAS, in light of the foregoing,the City Manager has requested that the City Council
waive the application of Article XII of Chapter 23 of the City Code to the public improvements to
be constructed by the City using funds provided by Woodward through the DDA pursuant to the
Agreement.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the application and enforcement of the Article XII of Chapter 23 of the City Code is
hereby waived to the extent it may apply to the public improvements to be constructed by the City
using funds provided by Woodward through the DDA pursuant to the Agreement.
Introduced,considered favorably on first reading,and ordered published this 16th day of July,
A.D. 2013, and to be presented for final passage on the 20th day of August, A.D. 2013.
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Passed and adopted on final reading on the 20th day of August, A.D. 2013.
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