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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. C)Tyo� ayor ATTEST. n Cll� U p. ) City Clerk �?} ' ..,,•,,.5��x^ ST��Sr 2 Passed and adopted on final reading on the 20th day of August, A.D. 2013. �OFtT Coz. Ma or ATTEST: N p�• '•_2�, City Clerk , p COLARPry -3-