HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/16/2021 - FIRST READING OF ORDINANCE NO. 155, 2021, MAKING S Agenda Item 12
Item # 12 Page 1
AGENDA ITEM SUMMARY November 16, 2021
City Council
STAFF
Tim Sellers, Civil Engineer II
Brad Buckman, Manager, Civil Engineering
Aaron Guin, Legal
SUBJECT
First Reading of Ordinance No. 155, 2021, Making Supplemental Appropriatio ns, Appropriating Prior Year
Reserves, and Authorizing Transfers of Appropriations for the Laporte Avenue Multimodal Improvements
Project and Related Art in Public Places.
EXECUTIVE SUMMARY
The purpose of this item is to enable the City to receive and ex pend Colorado Department of Transportation
(“CDOT”) funds and to appropriate funding for the Laporte Avenue Multimodal Improvements Project (the
“Project”).
This item will appropriate a total of $2,827,500 of grant funding and prior year reserves for the Project and
related Art in Public Places (“APP”). The City was awarded Multimodal Options Fund (“MMOF”), Revitalizing
Mainstreet (“RMS”), and Transportation Alternatives Program (“TAP”) grants for the Project and will utilize prior
year reserves in the Transportation Capital Expansion Fee (“TCEF”) Fund and the Transportation Services
Fund to satisfy the local match requirements for these grants and the APP contribution required by the City’s
Municipal Code. Aside from the APP contribution, these funds will be used for design, any necessary property
acquisition, and construction of roadway improvements along Laporte Avenue from Fishback Avenue to
Sunset Street. Construction of the roadway improvements for the Project excludes the bridges and roadway
that cross the New Mercer Canal north of Grandview Cemetery, as those are being replaced as part of a
separate capital project using local Bridge Program funding.
An Intergovernmental Agreement with CDOT for the CDOT Project funding is being prepared and will be
presented to Council for approval at or after second reading.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Laporte Avenue between Fishback Avenue and Sunset Street is a two-lane arterial roadway. Most of the
roadway within the Project limits lacks adequate bicycle and pedestrian facilities, including sidewalk, bike
lanes, curb, and gutter. The roadway experiences heavy bicycle and pedestrian traffic, as Poudre High School
and many residential neighborhoods and businesses are located adjacent to the Project limits. The corridor
currently experiences a higher-than-expected volume of traffic accidents due to the lack of adequate
infrastructure, and at least one serious vehicle -pedestrian accident has occurred within the Project limits.
Laporte Avenue is identified on the City’s 2014 Bicycle Master Plan as part of the 2020 Low -Stress Network.
The Project will address the safety concerns and lack of multimodal infrastructure. In 2019, the City applie d for
two grants: a TAP grant and a state MMOF grant. In 2020, TAP and MMOF grant funds were awarded to the
Agenda Item 12
Item # 12 Page 2
City through the North Front Range Metropolitan Planning Organization (“NFRMPO”) and CDOT for the
design, right-of-way acquisition, and construction of the Project. In early 2021, the City applied for a RMS
grant, and was awarded this grant in fall of 2021. The MMOF, TAP, and RMS grant funds are available
immediately. TCEF Fund and Transportation Services Fund reserves will be used as required local m atching
funds for the TAP grant and the MMOF grant, as well as to satisfy the required APP Program contribution.
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. Funds from all three grants are ineligible for use toward public
art, so the only funding in this appropriation eligible for the one percent APP contribution are the prior year
reserves being used to satisfy the local match requirement ($390,000). Three Hundred Thousand Dollars
($300,000) of previously appropriated Community Capital Improvement Program (“CCIP”) funds referenced
below already have satisfied the required contribution to public art. As such, the total APP contribution to be
appropriated is $3,900. Of this amount, $3,042 will be used for the purchase/acquisition of art, $780 for
operation of the APP program, and $78 for maintenance of APP program assets. TCEF funding is ineligible for
use toward operation & maintenance (“O&M”) costs; therefore, Transportation Services Fund reserves are
included to pay for the $858 of APP O&M costs.
Although not currently anticipated, if right-of-way acquisition is required for construction of the Project, Staff will
seek authorization for acquisition from City Council in the future.
CITY FINANCIAL IMPACTS
The following is a summary of the funding anticipated for design, right-of-way acquisition, roadway
construction, and the required Art in Public Places contribution for the Laporte Project:
Prior Appropriated Funds
Community Capital Improvement Program (CCIP) Local Funds (2017-2018 BFO Offer 1.7) $300,000
Total Prior Appropriation $300,000
Funds to be Appropriated with this Action
Transportation Alternative Program (TAP) Grant Funds $750,000
Multimodal Options Fund (MMOF) Grant Funds $250,000
Revitalizing Mainstreet (RMS) Grant Funds $1,437,500
Transportation Capital Expansion Fee (TCEF) Fund Reserves $389,142
Transportation Services Fund Reserves $858
Total Funds to be Appropriated with this Action $2,827,500
Less: Art in Public Places Contribution $3,900
Total Project Funds $3,127,500
BOARD / COMMISSION RECOMMENDATION
Staff presented the Project to the Council Finance Committee on August 11, 2021, receiving a
recommendation from the Committee. The Project also was presented to the Transportation Board and the
Bicycle Advisory Committee in 2020.
PUBLIC OUTREACH
Staff has discussed and presented conceptual level drawings at several public outreach events in the past. As
this Project moves forward, a web page for this Project will be created and made available to the public, and
Staff will develop a comprehensive communication plan.
Agenda Item 12
Item # 12 Page 3
ATTACHMENTS
1. Vicinity Map (PDF)
2. Council Finance Committee Minutes (excerpt) (PDF)
Page 1 of 227
Finance Administration
215 N. Mason
2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6788
970.221.6782 - fax
fcgov.com
AGENDA
Council Finance & Audit Committee
September 1, 2021
2:30 - 5:30 pm
222 Laporte - Colorado River Community Room
Zoom Meeting https://zoom.us/j/8140111859
Approval of Minutes from the August 11, 2021 Council Finance Committee meeting.
A.Laporte Multimodal / Siphon Ped/Bike Overpass
Brad Buckman, Interim City Engineer
Tim Sellers, Civil Engineer II
Dan Woodward, Interim Capital Projects Manager
SUBJECT
Appropriation of the Multimodal Options Fund Grant, the Transportation Alternatives Program Grant, the
Revitalizing Mainstreet Grant, and Transportation Capital Expansion Fee funds for the Laporte Avenue Multi‐
Modal Improvement Project. Additionally, appropriation of Transportation Capital Expansion Fee funds and
Multimodal Options Fund Grant to the Siphon Pedestrian Overpass Project.
EXECUTIVE SUMMARY
The purpose of this item is to seek support from the Council Finance Committee to in order to bring a full
appropriation to Council to receive federal funds for the Laporte Avenue Multi‐Modal Improvement Project
(Laporte Project). This item will also appropriate $390,000 from the Transportation Capital Expansion Fee (TCEF)
into the Capital Projects fund for the Laporte Avenue Multi‐Modal Improvement Project. The City was awarded a
Multimodal Options Fund (MMOF), as well as a Transportation Alternatives Program (TAP) grant for the Laporte
Project. These funds will be used for design, any necessary property acquisition, and construction of roadway
improvements along Laporte Avenue from Fishback Avenue to Sunset Street, excluding the bridges and roadway
crossing the New Mercer Canal north of Grandview Cemetery. The bridges and roadway north of Grandview
Cemetery are being replaced as part of a separate capital project using local Bridge Program funding.
In addition, this item will enable the city to receive federal funds for the Siphon Pedestrian Overpass Project
(Siphon Project) by appropriating $500,000 from the TCEF as local matching funds for the project’s MMOF grant.
STAFF RECOMMENDATION
Staff supports bringing forward an appropriation to Council.
ATTACHMENT 2
Page 2 of 227
BACKGROUND/DISCUSSION
Laporte Avenue between Fishback Avenue and Sunset Street is a two‐lane arterial roadway. Most of the
roadway within the Project limits lacks adequate bicycle and pedestrian facilities including sidewalk, bike lanes,
curb and gutter. The roadway experiences heavy bicycle and pedestrian traffic especially with Poudre High
School, and many residential neighborhoods and businesses being located adjacent to the Project limits. Several
near misses and at least one serious vehicle‐pedestrian accident have occurred within the Project limits. The
corridor currently experiences a higher‐than‐expected volume of traffic accidents due to the lack of adequate
infrastructure. Laporte Avenue is master planned to be on the City’s low‐stress bicycle network.
The Project will address the safety concerns and lack of multi‐modal infrastructure. In 2019, the City applied for
two grants: a federal Transportation Alternatives Program (TAP) grant and a state Multi‐Modal Options Fund
(MMOF) grant. In early 2021 the City applied for the Revitalizing Mainstreet (RMS) Grant, and anticipates award
of this grant in fall of 2021. In 2020 the TAP and MMOF funds were awarded to the City through the North Front
Range Metropolitan Planning Organization (NFRMPO) and CDOT for the design, right‐of‐way acquisition, and
construction of the Project. The MMOF, TAP funds are available immediately. Local funds from TCEF will be used
for grant matching funds for the TAP grant and the MMOF grant.
Funds from all three grants are ineligible for use toward public art. Community Capital Improvement Program
(CCIP) local funds are eligible for Art in Public Places (APP), and have been appropriated for APP.
It’s not currently anticipated, but if right‐of‐way acquisition will be required for construction of the Project, Staff
will bring authorization for acquisition to City Council.
The Siphon Project is a connecting trail to the Power Trail, which is a multi‐use recreational and commuter trail
connecting the Spring Creek Trail at the north end to the Fossil Creek Trail at the south end. Between Harmony
Road and Trilby Road, there is no safe or legal way to get from east of the Union Pacific Railroad tracks to the
Power Trail. Users must travel either to Harmony Road or Trilby Road and cross the tracks at the roadway
crossing. There is evidence of trail users crossing the railroad tracks at unauthorized locations between Harmony
and Trilby. The need for a grade separated crossing between Harmony and Trilby is amplified with the number
of schools and residential subdivisions on both sides of the railroad tracks.
The Siphon Project will design, acquire right‐of‐way, and construct a pedestrian overpass for the Power Trail
crossing the Union Pacific Railroad Tracks as well as a trail east of the railroad tracks to connect the Power Trail
to the residential road network.
The City submitted applications for two grants in 2019: The Multi‐Modal Options Fund (MMOF) and
Transportation Alternatives Program (TAP). The City was not awarded TAP funds for the Project but was
awarded MMOF funds through the North Front Range Metropolitan Planning Organization (NFRMPO) for design,
right‐of‐way acquisition, and construction of the Project.
Staff anticipates bringing future items to City Council, as needed which may include; authorization to acquire
right‐of‐way and Union Pacific Railroad easement.
CITY FINANCIAL IMPACTS
The following is a summary of the funding anticipated for design, right‐of‐way acquisition, and construction for
both of these Projects:
Laporte – we should receive word on the grant any day now
Design is 30% ‐ bring that to 100% by spring – construction next summer
Page 3 of 227
Emily Gorgol; all happening at the same time
Kelly Ohlson; you don’t anticipate you don’t anticipate any right of way
Brad Buckman; we think we can get what we want with existing right of way
I don’t want some parts of town getting quality landscaping – trees
Is there any landscaping as part of this?
Brad Buckman; no medians ‐ somewhat of a constrained but we will have parkway landscaping with the same
standards as anywhere else in the city
Julie Pignataro; will construction be done before school gets back in session?
Brad Buckman; we wouldn’t be able to do the whole project before school starts – would have to go through the
winter months too
Julie Pignataro; is this almost like a median type of structure – between – tree lawn
Brad Buckman; a typical parkway ‐separates the road from the sidewalk – smaller form a typical median
Emily Gorgol; have we worked with Safe Routes to School? school back in session
Encourage traffic to go in west direction – designed to be used either way
Brad Buckman; you can go both ways ‐working closely with FC Moves and Safet Routes to School – lock step on
design – they have reviewed this
Emily Gorgol; can be confusing – city park ‐ multi walk – one thing we can do –
Brad Buckman; we can delineate the bike and ped users – divide the 10 feet into two 5‐foot sections to
delineate those ‐ FC Moves ‐ feedback has been positive ‐ we would encourage bicycles to be as safe as possible
Emily Gorgol; CSU has done a great job on campus with having them side by side – 2 separate – are we doing the
multi walk to accommodate the tree lawn?
Brad Buckman; yes, that 10‐foot walk did work better for tree line and roadway
Kelly Ohlson; how hard is it to get an extra 4 feet?
Brad Buckman; that would require right of way acquisition
Kelly Ohlson; might be worth spending a little time in case we could get the full amount of space
get the land necessary without doing bad things to make it less confusing ‐
BOARD OR COMMISSION RECOMMENDATION
Staff have not yet presented to any boards or commissions for the Siphon Project specifically. However, the
Siphon Pedestrian Overpass Project was identified as a high priority bicycle and pedestrian grade separated
crossing through a Bicycle/Pedestrian Grade Separated Prioritization Study (Study). The Study was presented to
various boards and commissions.
Staff plans to present information on the Siphon Project to various boards and commissions including the
Transportation Board, Bicycle Advisory Committee, and Commission on Disabilities.
The Laporte Project was presented to the Transportation Board as well as the Bicycle Advisory Committee in
2019.
PUBLIC OUTREACH
Staff have discussed these Projects and presented concept drawings at a high level with interested citizens at
several public outreach events in the past. As these Projects moves forward, a website will be available to the
public and Staff will develop a comprehensive communication plan.
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ORDINANCE NO. 155, 2021
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING SUPPLEMENTAL APPROPRIATIONS, APPROPRIATING PRIOR YEAR
RESERVES, AND AUTHORIZING TRANSFERS OF APPROPRIATIONS FOR THE
LAPORTE AVENUE MULTIMODAL IMPROVEMENT PROJECT
AND RELATED ART IN PUBLIC PLACES
WHEREAS, Laporte Avenue between Fishback Avenue and Sunset Street is a two-lane
arterial roadway that lacks adequate bicycle and pedestrian facilities, including sidewalk, bike
lanes, curb, and gutter; and
WHEREAS, Laporte Avenue experiences heavy bicycle and pedestrian traffic in this
area, as Poudre High School and many residential neighborhoods and businesses are located
nearby; and
WHEREAS, Laporte Avenue is identified on the City’s 2014 Bicycle Master Plan as part
of the 2020 Low-Stress Network; and
WHEREAS, the Laporte Avenue Multimodal Improvements Project (the “Project”) has
been developed to address the safety concerns and lack of multimodal infrastructure on Laporte
Avenue between Fishback Avenue and Sunset Street; and
WHEREAS, the City was awarded Transportation Alternative Program (“TAP”) Grant
Funds of $750,000 and Multimodal Options Fund (“MMOF”) Grant Funds of $250,000 through
the North Front Range Metropolitan Planning Organization (“NFRMPO”) and the Colorado
Department of Transportation (“CDOT”) for the design, right-of-way acquisition, and
construction of the Project; and
WHEREAS, the City was also awarded Revitalizing Mainstreet (“RMS”) Grant Funds of
$1,437,500 for this Project; and
WHEREAS, the grant funds for the Project are to be administered by CDOT with project
delivery oversight pursuant to an Intergovernmental Agreement (“IGA”) with CDOT that
requires the City to provide matching funds of $690,000; and
WHEREAS, Transportation Capital Expansion Fee (“TCEF”) Fund and Transportation
Services Fund reserves will be used as required local matching funds for the TAP grant and the
MMOF grant, as well as to satisfy the required Art in Public Places (APP) program contribution;
and
WHEREAS, the purpose of this Ordinance is to enable the City to receive and expend the
$2,437,500 in grant funds available, to appropriate those funds and TCEF Fund reserves for the
Project, and to appropriate Transportation Services Fund reserves to satisfy the APP program
contribution requirement; and
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WHEREAS, this appropriation benefits the public health, safety, and welfare of the
residents of Fort Collins and serves the public purpose of improving multimodal transportation
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 & Facilities Fund for a contribution to the APP program;
and
WHEREAS, $300,000 of previously appropriated Community Capital Improvement
Program (“CCIP”) funds already have satisfied the required contribution to public art; however,
a portion of the project funds is ineligible for public art purposes, as Section 23-304 of the City
Code otherwise requires, due to restriction on the use of the funds; and
WHEREAS, under the proposed IGA, the grant funds are ineligible for use toward
public art; however, the local matching funds of $390,000 are eligible and, as such, the total
APP contribution to be appropriated is $3,900, of which $3,042 will be used for the
purchase/acquisition of art, $780 for operation of the APP program, and $78 for maintenance of
APP program assets; and
WHEREAS, TCEF funding is ineligible for use toward operation & maintenance
(“O&M”) costs; therefore, Transportation Services Fund reserves are included to pay for the
$858 of APP O&M costs; 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 these appropriations are 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
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
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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 $3,900 from the
Capital Projects Fund to the Cultural Services and 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 TWO MILLION FOUR HUNDRED THIRTY-SEVEN
THOUSAND FIVE HUNDRED DOLLARS ($2,437,500) for expenditure from the Capital
Projects Fund for the Laporte Avenue Multimodal Improvements Project.
Section 3. That there is hereby appropriated from prior year reserves in the
Transportation Capital Expansion Fee Fund the sum of THREE HUNDRED EIGHTY-NINE
THOUSAND ONE HUNDRED FORTY-TWO DOLLARS ($389,142) for expenditure from the
Transportation Capital Expansion Fee Fund for transfer to the Capital Projects Fund for the
Laporte Avenue Multimodal Improvements Project and related Art in Public Places and
appropriated therein.
Section 4. That there is hereby appropriated from prior year reserves in the
Transportation Services Fund the sum of EIGHT HUNDRED FIFTY-EIGHT DOLLARS ($858)
for expenditure from the Transportation Services Fund for transfer to the Capital Projects Fund
for the Laporte Avenue Multimodal Improvements Project and related Art in Public Places and
appropriated therein.
Section 5. That the unexpended and unencumbered appropriated amount of THREE
THOUSAND FORTY-TWO DOLLARS ($3,042) in the Capital Projects Fund is hereby
authorized for transfer to the Cultural Services & Facilities Fund and appropriated therein for the
Art in Public Places Program art projects.
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Section 6. That the unexpended and unencumbered appropriated amount of SEVEN
HUNDRED EIGHTY DOLLARS ($780) in the Capital Projects Fund is authorized for transfer
to the Cultural Services & Facilities Fund and appropriated therein for the Art in Public Places
Program operation costs.
Section 7. That the unexpended and unencumbered appropriated amount of
SEVENTY-EIGHT DOLLARS ($78) in the Capital Projects Fund is authorized for transfer to
the Cultural Services & Facilities Fund and appropriated therein for the Art in Public Places
Program maintenance costs.
Introduced, considered favorably on first reading, and ordered published this 16th day of
November, A.D. 2021, and to be presented for final passage on the 7th day of December, A.D.
2021.
__________________________________
Mayor
ATTEST:
_______________________________
Interim City Clerk
Passed and adopted on final reading on the 7th day of December, A.D. 2021
__________________________________
Mayor
ATTEST:
_______________________________
Interim City Clerk