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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/05/2021 - SECOND READING OF ORDINANCE NO. 118, 2021, MAKING Agenda Item 6 Item # 6 Page 1 AGENDA ITEM SUMMARY October 5, 2021 City Council STAFF Brad Buckman, Manager, Civil Engineering Kyle Lambrecht, Civil Engineer Craig Kisling, Landscape Architect Aaron Guin, Legal SUBJECT Second Reading of Ordinance No. 118, 2021, Making Supplemental Appropriations, Appropriating Prior Year Reserves, and Authorizing Transfers of Appropriations for the Siphon Overpass Project and Related Art in Public Places. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on September 21, 2021, enables the City to receive and expend Multimodal Options Fund (“MMOF”) grant funds from the Colorado Department of Transportation (“CDOT”), to appropriate those funds and Transportation Capital Expansion Fee (“TCEF”) Fund reserves f or the Siphon Overpass Project (the “Project”), and to appropriate Transportation Services Fund reserves to satisfy the City’s Art in Public Places (“APP”) program contribution requirements. These funds will be used to design and construct a trail overpass spanning the existing railroad tracks near the southeast corner of the Willow Springs neighborhood, and to satisfy the APP contribution requirements via a transfer of $5,050 from the Project to the Cultural Services and Facilities Fund. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, September 21, 2021 (w/o attachments) (PDF) 2. Ordinance No. 118, 2021 (PDF) Agenda Item 13 Item # 13 Page 1 AGENDA ITEM SUMMARY September 21, 2021 City Council STAFF Brad Buckman, Manager, Civil Engineering Kyle Lambrecht, Civil Engineer Craig Kisling, Landscape Architect Aaron Guin, Legal SUBJECT Items Relating to the Siphon Overpass Project. EXECUTIVE SUMMARY A.Resolution 2021-084 Authorizing the Execution of an Intergovernmental Agreement Between the City of Fort Collins, Colorado and the Colorado Department of Transportation for the Siphon Overpass Project. B.First Reading of Ordinance No. 118, 2021, Making Supplemental Appropriations, Appropriating Prior Year Reserves, and Authorizing Transfers of Appropriations for the Siphon Overpass Project and Related Art in Public Places. The purpose of this item is to enable the City to receive and expend Multimodal Options Fund (“MMOF”) grant funds from the Colorado Department of Transportation (“CDOT”), to appropriate those funds and Transportation Capital Expansion Fee (“TCEF”) Fund reserves for the Siphon Overpass Project (the “Project”), and to appropriate Transportation Services Fund reserves to satisfy the City’s Art in Public Places (“APP”) program contribution requirements. This item will authorize the Mayor to execute the Intergovernmental Agreement (“IGA”) for the Project with CDOT and will appropriate an additional $1,855,050 in the Capital Projects Fund for the Project. These funds will be used to design and construct a trail overpass spanning the existing railroad tracks near the southeast corner of the Willow Springs neighborhood, and to satisfy the APP contribution requirements via a transfer of $5,050 from the Project to the Cultural Services and Facilities Fund. STAFF RECOMMENDATION Staff recommends adoption of the Resolution and Ordinance on First Reading. BACKGROUND / DISCUSSION The Power Trail is a frequently used north/south multi-use recreational and commuter connection. The trail connects the Spring Creek Trail at its northern end point and the Fossil Creek Trail at its southern end. The Union Pacific Railroad (UPRR) tracks parallel the Power Trail. Trail users south of Harmony Road and east of the tracks wishing to access the Power Trail must use designated crossings at Harmony Road or at Trilby Road. Additional crossings do not exist between the two roadway crossings. There is evidence of trail users crossing the railroad tracks at unauthorized locations between Harmony Road and Trilby Road. The need for a grade separated crossing between Harmony and Trilby has amplified as development continues around this area. The Siphon Overpass Project will design, acquire right-of-way, and construct a trail overpass spanning the UPRR tracks near the southeast corner of the Willow Springs neighborhood. This will provide a safe and designated connection to the Power Trail for users south of Harmony Road and east of the UPRR tracks. The design will account for environmental impact: as this Project uses federal funds, environmental investigation is required as ATTACHMENT 1 Agenda Item 13 Item # 13 Page 2 part of the design process. The Project also will be designed to complement anticipated trail improvements along Mail Creek and at Timberline Road. Design currently is underway, and construction is anticipated to begin in 2022. A photograph of the same type of pedestrian overpass that will be utilized in the Project is included (Attachment 2) as this was requested at the Council Finance Committee (“CFC”) meeting on August 11, 2021. Staff (Engineering and Parks Planning) will engage with the Willow Springs HOA during the final design process on a connection solution across the Mail Creek ditch in conjunction with this Project. The City was awarded $500,000 in MMOF by the North Front Range Metropolitan Planning Organization as this Project not only improves multimodal connectivity but also provides a safe route to nearby neighborhood schools. The funds are administered by CDOT. The City is required to provide local matching funds equaling $500,000. TCEF funds will be used as the local match. In addition, $850,000 of Conservation Trust Funds previously appropriated through the 2019-2020 Budgeting for Outcomes process will help further support the design and construction of this Project. Per Chapter 23 of the City Code, Article XII (addressing Art in Public Places), Section 23-304, all appropriations for construction projects estimated to cost over $250,000 shall include an amount equal to one percent of the estimated cost for works of art. The previously appropriated Conservation Trust Funds already have satisfied the required contribution to public art. Further, as defined in the proposed intergovernmental agreement, the MMOF are not eligible for use toward public art however the local matching funds are eligible. As such, the total APP contribution to be appropriated with this action, and transferred to the Cultural Services and Facilities Fund, is $5,050, which consists of $3,939 of TCEF Fund reserves and $1,111 of Transportation Services Fund reserves. The Transportation Services Fund reserves are needed to satisfy the Operations and Maintenance (“O&M”) portion (22%) of the APP contribution, as TCEF funds are restricted and cannot be utilized for O&M. TCEF funds are permitted for use to satisfy the remaining portion (78%) of the APP contribution. CITY FINANCIAL IMPACTS The following is a summary of the project funding: Agenda Item 13 Item # 13 Page 3 BOARD / COMMISSION RECOMMENDATION Staff presented this project to the Council Finance Committee (“CFC”) on August 11, 2021. The CFC supported this project, with a few follow up items requested that are addressed in this AIS. (Attachment 3) The project also has been presented to various boards as part of the broader Bicycle/Pedestrian Grade Separated Prioritization Study. PUBLIC OUTREACH Staff currently is developing an outreach plan intended to gather stakeholder input as the design progresses. Staff also has been in contact with adjacent development representatives to discuss issues related to right-of- way acquisition and potential future connections across the Mail Creek ditch from the new trail to the Willow Springs subdivision. ATTACHMENTS 1. Vicinity Map (PDF) 2. Picture of Overpass (PDF) 3. Council Finance Committee Minutes (PDF) -1- ORDINANCE NO. 118, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING SUPPLEMENTAL APPROPRIATIONS, APPROPRIATING PRIOR YEAR RESERVES, AND AUTHORIZING TRANSFERS OF APPROPRIATIONS FOR THE SIPHON OVERPASS PROJECT AND RELATED ART IN PUBLIC PLACES WHEREAS, the Power Trail is a recreational and commuter bike trail that runs north to south and parallel to the Union Pacific Railroad tracks through the City of Fort Collins, connecting to the Spring Creek Trail at its north end and to the Larimer County and City of Loveland trail networks at its south end; and WHEREAS, because of its proximity to the railroad tracks, access to the Power Trail from the east is limited to where roadways cross the tracks and, between Harmony Road and Trilby Road, there is a two-mile section of the Power Trail with no access from east of the tracks; and WHEREAS, there is significant demand for access to this section of the Power Trail because of nearby residential neighborhoods, schools, and businesses and, with planned fu ture residential development east of the railroad tracks and south of the Mail Creek Ditch, it is expected that demand for access to the Power Trail will increase significantly; and WHEREAS, there also is evidence of people crossing the railroad tracks in unauthorized locations to access the Power Trail; and WHEREAS, the City was awarded a grant in the amount of $500,000 (the “Grant”) by the North Front Range Metropolitan Planning Organization in the form of State of Colorado Multimodal Options Funds (“MMOF”) for the design and construction of the Siphon Overpass Project (the “Project”), consisting of a trail bridge over the railroad tracks and a trail connection to Timberline Road, roughly halfway between Harmony Road and Trilby Road; and WHEREAS, the planned trail connection for this Project will follow the south bank of the Mail Creek Ditch and the north edge of two planned residential developments to provide access to the Power Trail from the east, eliminating the need for trail users to travel north to Harmony or south to Trilby and reducing the likelihood of unsafe and unauthorized crossing of the railroad tracks by pedestrians; and WHEREAS, the MMOF grant funds for the Project are to be administered by the Colorado Department of Transportation (“CDOT”) with project delivery oversight pursuant to an Intergovernmental Agreement (“IGA”) with CDOT that requires the City to provide matching funds of $500,000; and WHEREAS, Transportation Capital Expansion Fee (“TCEF”) Fund reserves will be used to satisfy the local match portion of the IGA; and WHEREAS, $850,000 of Conservation Trust Funds previously appropriated through the 2019-2020 Budgeting for Outcomes process will help further support the design and construction of this Project; and -2- WHEREAS, the purpose of this Ordinance is to enable the City to receive and expend the Grant funds, to appropriate those funds and Transportation Capital Expansion Fee (“TCEF”) Fund reserves for the Project, and to appropriate Transportation Services Fund reserves to satisfy the City’s Art in Public Places (“APP”) program contribution requirements; and WHEREAS, this appropriation benefits the public health, safety, and welfare of the residents of Fort Collins and serves the public purpose of improving pedestrian infrastructure within the City; 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 APP program; and WHEREAS, previously appropriated Conservation Trust Funds already have satisfied the required contribution to public art; however, a portion of the Project funds is ineligible for pub lic art purposes, as Section 23-304 of the City Code otherwise requires, due to restriction on the use of the funds; and WHEREAS, as defined in the IGA, the MMOF grant funds are not eligible for use toward public art; however, the local matching funds are eligible and, as such, the total APP contribution to be appropriated with this action and transferred to the Cultural Services and Facilities Fund is $5,050, consisting of $3,939 of TCEF Fund reserves and $1,111 of Transportation Services Fund reserves; and WHEREAS, the Transportation Services Fund reserves are needed to satisfy the Operations and Maintenance (“O&M”) portion (22%) of the APP contribution, as TCEF funds are restricted and cannot be utilized for O&M; however, TCEF funds are permitted for us e to satisfy the remaining portion (78%) of the APP contribution; 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 and all other funds to be received during the fiscal year; and WHEREAS, the Interim City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated from the Capital Projects Fund and will not cause the total amount appropriated in the Capital Projects Fund to exceed the current estimate of actual and anticipated revenues and all other funds to be received in that Fund during this fiscal year; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon the recommendation of the City Manager, to appropriate by ordinance at any time during the fiscal year such funds for expenditure as may be available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and -3- WHEREAS, the Interim City Manager has recommended the appropriation described herein and determined that these appropriations are available and previously unappropriated from the Transportation Capital Expansion Fee Fund and the Transportation Services Fund, as applicable, and will not cause the total amount appropriated in the Transportation Capital Expansion Fee Fund or the Transportation Services Fund, as applicable, to exceed the current estimate of actual and anticipated revenues and all other funds to be received in these Funds during this fiscal year; and WHEREAS, Article V, Section 10 of the City Charter authorizes the City Council, upon recommendation by 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 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, the Interim City Manager has recommended the transfer of $850,000 from the Conservation Trust Fund to the Capital Projects Fund and determined that the purpose for which the transferred funds are to be expended remains unchanged; and WHEREAS, the Interim City Manager has recommended the transfer of $5,050 from the Capital Projects Fund to the Cultural Services & Facilities Fund and determined that the purpose for which the transferred funds are to be expended remains unchanged. 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 from unanticipated grant revenue in the Capital Projects Fund the sum of FIVE HUNDRED THOUSAND DOLLARS ($500,000) for expenditure from the Capital Projects Fund for the Siphon Overpass Project. Section 3. That there is hereby appropriated from prior year reserves in the Transportation Capital Expansion Fee Fund the sum of FIVE HUNDRED THREE THOUSAND NINE HUNDRED THIRTY-NINE DOLLARS ($503,939) for expenditure from the Transportation Capital Expansion Fee Fund for transfer to the Capital Projects Fund for the Siphon Overpass Project and appropriated therein. Section 4. That there is hereby appropriated from prior year reserves in the Transportation Services Fund the sum of ONE THOUSAND ONE HUNDRED ELEVEN DOLLARS ($1,111) for expenditure from the Transportation Services Fund for transfer to the Capital Projects Fund for the Siphon Overpass Project and appropriated therein. -4- Section 5. That the unexpended and unencumbered appropriated amount of EIGHT HUNDRED FIFTY THOUSAND DOLLARS ($850,000) is authorized for transfer from the Mail Creek/Siphon Overpass Project in the Conservation Trust Fund to the Siphon Overpass Project in the Capital Projects Fund and appropriated therein. Section 6. That the unexpended and unencumbered appropriated amount of THREE THOUSAND NINE HUNDRED THIRTY-NINE DOLLARS ($3,939) in the Capital Projects Fund is hereby authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places Program art projects. Section 7. That the unexpended and unencumbered appropriated amount of ONE THOUSAND TEN DOLLARS ($1,010) 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 operation costs. Section 8. That the unexpended and unencumbered appropriated amount of ONE HUNDRED ONE DOLLARS ($101) 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 costs. Introduced, considered favorably on first reading, and ordered published this 21st day of September, A.D. 2021, and to be presented for final passage on the 5th day of October, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ Interim City Clerk -5- Passed and adopted on final reading on the 5th day of October, A.D. 2021. __________________________________ Mayor ATTEST: _______________________________ Interim City Clerk