HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/07/2021 - SECOND READING OF ORDINANCE NO. 155, 2021, MAKING Agenda Item 5
Item # 5 Page 1
AGENDA ITEM SUMMARY December 7, 2021
City Council
STAFF
Tim Sellers, Civil Engineer II
Brad Buckman, Manager, Civil Engineering
Aaron Guin, Legal
SUBJECT
Second 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
This Ordinance, unanimously adopted on First Reading on November 16, 2021, enables the City to receive
and expend 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 an d 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 Proje ct 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.
A Resolution authorizing the Mayor to execute an Intergovernmental Agreement with CDOT for the funding for
the Project will be presented for consideration on December 21, 2021.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, November 16, 2021 (w/o attachments) (PDF)
2. Ordinance No. 155, 2021 (PDF)
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 Appropriations, 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 expend 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 applied for
two grants: a TAP grant and a state MMOF grant. In 2020, TAP and MMOF grant funds were awarded to the COPYATTACHMENT 1
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 matching 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.
COPY
Agenda Item 12
Item # 12 Page 3
ATTACHMENTS
1. Vicinity Map (PDF)
2. Council Finance Committee Minutes (excerpt) (PDF) COPY
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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
estimate of actual and anticipated revenues and all other funds to be received in these Funds during
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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.
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
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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