HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/05/2022 - FIRST READING OF ORDINANCE NO. 037, 2022, APPROPRIItem # 8 Page 1
AGENDA ITEM SUMMARY
Agenda Item 9
April 5, 2022
Engineering-Capital Projects
STAFF
Brad Buckman, Manager, Civil Engineering
Josh Birks, Economic Health Director
Aaron Guin, Legal
SUBJECT
First Reading of Ordinance No. 037, 2022, Appropriating Prior Year Reserves and Authorizing Transfers of
Appropriations for the Midtown Infrastructure Projects Thirty Percent Design Project and Related Art in Public
Places.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate $150,000 in Transportation Capital Expansion Fee (“TCEF”)
reserves and $150,000 in General Fund reserves to complete the thirty percent design threshold for the
Midtown Infrastructure Projects, which are based on the City’s Midtown Plan and the Midtown in Motion plan.
Staff proposes a partnership with the Midtown Business Improvement District (“MBID”) to complete the
Midtown Infrastructure Projects Thirty Percent Design Project (the “Project”). MBID already has allocated
$200,000 to spend toward the Project, but a total of $500,000 is required to meet the thirty percent design
threshold.
An intergovernmental agreement with MBID for the Project is being prepared and will be presented to Council
for approval by Resolution at or after second reading of this Ordinance and funds appropriated under this
Ordinance will not be expended until such an agreement is in place.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Council adopted the Midtown Plan and the Midtown In Motion plan in 2013 and 2014, respectively. Together,
these plans provide a framework for addressing safety, mobility, and access concerns along South College
Avenue from Prospect Road to Harmony Road, and the plans include a wide range of capital projects. T he
City, through its Engineering Department and others, has been working on key improvements identified in
these plans. To date, these improvements have focused on key intersections.
The proposed partnership with MBID provides an opportunity for the City to advance the goals of these plans
between key intersections on South College Avenue.
Goals Achieved
▪This is a unique opportunity to leverage a public/private partnership with MBID and $200,000 of their
funding for the mutual benefit of both the MBID assessed properties and the City of Fort Collins as a
whole. The MBID corridor generates approximately 21% of the entire sales tax for the City, thus the
success of Midtown is critical to the City’s overall financial wellbeing.
Agenda Item 9
Item # 8 Page 2
▪Improvements to South College have been approved already by City Council in the Midtown Plan and the
Midtown in Motion plan; however, this critical step in partnership with MBID is about bringing them to
fruition. Additionally, this Project helps to fulfill the primary purpose of the MBID – to advance
improvements to the physical environment along South College to establish Midtown as a destination.
▪Advancing this work now, alongside MBID’s infrastructure work, helps to leverage City funds committed to
improving the intersection of South College and Drake, resulting in cost savings.
▪The timing of this Project is critical to allow both MBID and the City to leverage resources outside of the
community (federal, state, etc.). It also allows the City to align the Midtown Infrastru cture Projects with the
City’s Budgeting for Outcomes process and prepares the City for submitting grant requests for
infrastructure funding coming through the federal Infrastructure Investment and Jobs Act.
▪The preferred alternative for the Midtown in Motion plan provides high quality pedestrian and bicycle
enhancements while maintaining vehicle access and mobility. It also received the most positive feedback
from the community as the strongest triple bottom line analysis. Projects from this preferred alternative will
be part of this thirty percent design project.
▪The preferred alternative also achieves all of Midtown in Motion project goals of creating safer travel
conditions for all modes, strengthening bicycle and pedestrian connections to MAX, and creating a well-
functioning, high quality street. Additionally, it helps to achieve the vision created in the Midtown Plan
which includes creating an area that has high quality streetscape, is more bike friendly, and more
walkable. This is done by creating a system of multi-use paths along the corridor while maintaining the
three travel lanes for vehicles.
Project Cost and Funding Break Down
The total cost to complete the Thirty Percent Design Project between Thunderbird and Boardwalk is $500,000.
MBID already is under contract with BHA Design and Wilson and Company and has contributed $200,000
toward this effort. The stretch of South College Avenue between Thunderbird and Boardwalk, in conjunction
with the City’s projects already underway for the intersection at Drake Road and South College Avenue, will
result in thirty percent design for the entire length of the road within the MBID.
Funding Sources:
•$200,000 - MBID contribution
•$150,000 - Transportation Capital Expansion Fees Reserves
•$150,000 - General Fund Reserves
Achieving the thirty percent design threshold is critical to enable these projects to be eligible for federal capital
grant funds available under recent infrastructure legislation.
Estimated Overall Construction Costs
The infrastructure project has begun under funding from MBID. Early estimates indicate that the suite of
projects along South College Avenue from Thunderbird to Boardwalk could cost between $40 and $60 million
to construct. These projects typically would take several decades to complete using the City’s standard
approach to capital funding; however, in light of recent Federal infrastructure legislation, there is an opportunity
to compete for funding to accelerate some of these projects. At this time, it’s not clear which projects would be
top priority and/or which will comply with the funding criteria. Nevertheless, many of these projects will be
consistent with the intent of the new federal legislation. Therefore, achieving thirty percent design in
anticipation of this funding source becoming available makes strategic sense.
The estimated projects would range from sidewalk widening to bike lanes, and from intersection improvements
to adjustment to frontage roads, to increase safety for all modes of travel. The foll owing is a breakout of the
costs by the City’s budgeting outcome areas.
Agenda Item 9
Item # 8 Page 3
•Neighborhood Livability & Social Health $6 to $9 Million
•Culture & Recreation $6 to $9 Million
•Economic Health $8 to $12 Million
•Environmental Health $2 to $3 Million
•Safe Community $8 to $12 Million
•Transportation & Mobility $8 to $12 Million
The types of projects by category are listed below:
▪Neighborhood Livability & Social Health
▪Improved walkability and bikeability
▪Creating inviting spaces for people to shop, eat, and linger near existing neighborhoods
▪Beautification and Placemaking
▪Culture & Recreation
▪Creation of event spaces (shared streets) on frontage roads for community gatherings
▪Pocket Parks
▪Public Art Opportunities
▪Economic Health
▪Public investment will enhance this vital commercial corridor and encourage private investment along
the corridor as demonstrated on North College Avenue and Lincoln Ave
▪Creating more opportunities for people to linger and spend more in Midtown
▪Support local businesses and encourage business to continue their investment in the area and/or
expand
▪Environmental Health
▪Improved multi-modal access would help reduce automobile trips
▪Landscape improvements could reduce water consumption
▪Safe Community
▪Improved frontage road intersections
▪Improved pedestrian and bike facilities
▪Transportation & Mobility
▪Improved frontage road intersections
▪Improved pedestrian and bike facilities
▪Improved traffic signals and pedestrian street crossing
▪ADA improvements
▪High Performing Government
▪Taking advantage of public/private partnership with MBID
▪Leveraging funds to create opportunities for infrastructure grants
▪Supporting business community
▪Taking next step toward implementation of Midtown Plan and Midtown In Motion Plans
Per City Code Section 24-304, all appropriations for construction projects estimated to cost over $250,000
must include an amount equal to one percent of the estimated cost for works of art. As the total appropriation
requested for capital projects in this agenda item is $300,000, the Art in Public Places funds to be appropriated
by this measure is $3,000.
Agenda Item 9
Item # 8 Page 4
CITY FINANCIAL IMPACTS
Funds to be Appropriated with this Action and Transferred to Capital Projects Fund
Transportation Capital Expansion Fee Funds Reserves $150,000
General Fund Reserves $150,000
Total to be Appropriated with this Action $300,000
Transfer to Art in Public Places $3,000
BOARD / COMMISSION RECOMMENDATION
Staff presented this proposal to the Council Finance Committee on March 3, 2022, which was met with
approval. (Attachment 1)
PUBLIC OUTREACH
Staff conducted significant outreach in the past during development of the Midtown Plan and the Midtown in
Motion plan. Staff will continue to coordinate and meet with residents, property owners and other stakeholders
through the remainder of design as well as prior to and during construction.
ATTACHMENTS
1.Council Finance Committee Minutes (excerpt)(PDF)
2.Presentation to Council Finance Committee (PDF)
Finance Administration
215 N. Mason
2nd Floor
PO Box 580
Fort Collins, CO 80522
970.221.6788
970.221.6782 - fax
fcgov.com
Finance Committee Meeting Minutes
March 3, 2022, 4:00 – 6:00 pm
Zoom
Council Attendees: Julie Pignataro, Kelly Ohlson, Emily Francis, Susan Gutowsky, Shirley Peel
Staff: Kelly DiMartino, Travis Storin, John Duval, Kyle Stannert, Tyler Marr,
Teresa Roche, Nina Bodenhamer, Ginny Sawyer, Jennifer Poznanovic,
Blaine Dunn, Amanda Newton, Dave Lenz, Jo Cech, Sheena Freve, Victoria Shaw,
Molly Reeves, Zack Mozer, Lawrence Pollack, Theresa Connor, Kendall Minor,
Honore Depew, Monica Martinez, Jackie Kozak, Linsday Ex, Meaghan Overton,
Javier Echeverria Diaz, Drew Brooks, Ian Smith, Erik Martin, Josh Birks,
Brad Buckman, Mike Calhoon, Kurt Friesen, Rob Crabb, LeAnn Williams,
Jill Wuertz, John Phelan, Carolyn Koontz
Others: Midtown Business Improvement District: Jamie Giellis, Luke McFetridge,
David Fritzler Area business owners; Mike Dellenbach, John Hoxmeier
Emily Gallichotte, Rachel Shindman,
Kevin Jones, Chamber
______________________________________________________________________________
Meeting called to order at 4:01 pm
Approval of minutes from the February 4, 2022, Council Finance Committee Meeting. Kelly Ohlson moved for
approval of the minutes as presented. Julie Pignataro seconded the motion. Minutes were approved unanimously
via roll call by; Julie Pignataro, Kelly Ohlson and Emily Francis.
A.Midtown Infrastructure Design
Brad Buckman, City Engineer
Josh Birks, Director, Economic Health & Redevelopment
SUBJECT FOR DISCUSSION
Midtown Infrastructure Design – Supplemental Appropriation (TCEF and Gen Fund Reserves)
EXECUTIVE SUMMARY
This item describes a proposed appropriation of $150,000 in Transportation Capital Expansion Fee (TCEF) and
$150,000 in General Fund reserves to complete 30% design of a series of projects in the Midtown area
consistent with the Midtown Plan and the Midtown in Motion Plan. The City will partner with the Midtown
Business Improvement District (BID), which has already allocated $200,000 of funds of the $500,000 required for
the project.
ATTACHMENT 1
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
• Does Council Finance Committee recommend submitting the supplemental appropriation leveraging City
funding, in partnership with the Midtown Business Improvement District, to complete the 30 percent design
effort of portions of the Midtown In Motion plan, in order to be eligible for Federal grant capital funding?
• Is there any additional information the Council Finance Committee feels would be helpful when the Council
considers this appropriation request?
BACKGROUND/DISCUSSION
In 2013 and 2014 the Council adopted the Midtown Plan and Midtown In Motion Plan, respectively. These plans
provide a framework for addressing safety, mobility, and access concerns along South College Avenue from
Prospect Road to Harmony Road. Together, these plans include a wide range of capital projects. The City,
through its Engineering Department and others, have been working on key improvements identified in these
plans. To date, these improvements have focused on the key intersections.
The proposed partnership with the Midtown Business Improvement District (BID) provides an opportunity for
the City to advance the goals of these plans in between the key intersections.
Goals Achieved
▪ This is a unique opportunity to leverage a public/private partnership with the Midtown Business
Improvement District and $200,000 of their funding for the mutual benefit of both the BID ratepayers and
the City of Ft. Collins as a whole. The Midtown BID corridor generates approximately 21% of the entire sales
tax for the city, thus the success of Midtown is critical to the city’s overall financial wellbeing.
▪ Improvements to S. College were already approved by Fort Collins City Council in the Midtown Plan and the
Midtown in Motion Plan – this critical step is about bringing them to life. Additionally, this effort helps to
fulfill the primary purpose of the BID's reason for creation – to advance improvements to the physical
environment along S. College in order to establish Midtown as a destination.
▪ Advancing this work now helps to also leverage City funds committed to improving the Drake/S. College
intersection. The two plans align and in doing both simultaneously there is cost savings.
▪ The timing of this effort is critical to allow both the BID and the City to leverage resources outside of this
community (federal, state, etc.). It allows us to align the project not only with the city's Budgeting for
Outcomes process, but to also be prepared to submit grant requests for infrastructure funding coming
through the federal infrastructure bill.
▪ The preferred alternative for the Midtown in Motion plan provides high quality pedestrian and bicycle
enhancements while maintaining vehicle access and mobility. It also received the most positive feedback
from the community as the strongest triple bottom line analysis. Projects from this preferred alternative will
be part of this 30% design effort.
▪ The preferred alternative also achieves all of Midtown in Motion project goals of creating safer travel
conditions for all modes, strengthening bicycle and pedestrian connections to MAX, and creating a well-
functioning, high quality street. Additionally, it helps to achieve the vision created in the Midtown Plan
which includes creating an area that has high quality streetscape, is more bike friendly, and more walkable.
This is done by creating a system of multi-use paths along the corridor while maintaining the three travel
lanes for vehicles.
Project Cost and Funding Break Down
The total project cost, Midtown BID is already under contract with BHA Design and Wilson and Company, is
$500,000 to complete 30 percent design between Thunderbird and Boardwalk. This stretch of South College
Avenue in conjunction with the project already underway for the Drake Road and South College Avenue
intersection will result in 30 percent design for the entire length of the road within the Midtown BID.
Funding Sources:
• $200,000 – Midtown BID contribution
• $150,000 – Transportation Capital Expansion Fees
• $150,000 – General Fund Resources
Achieved 30 percent design is essential to enable these projects to be eligible for Federal capital grant funds
available under recent legislation.
Estimated Overall Construction Costs
The project has begun under funding from the Midtown BID. Early estimates indicate that the suite of projects
along South College Avenue from Thunderbird to Boardwalk could cost between $40 and $60 million to
construct. These projects would typically take several decades to complete using the City’s typical approach to
capital funding. However, due to recent Federal legislation there is an opportunity to compete for funding to
accelerate some of these projects. At this time, it’s not clear which projects would be top priority and/or which
will comply with the funding criteria. What is clear at this time is that many of these projects will be consistent
with the intent of the new legislation. Therefore, getting 30 percent design complete in anticipation of this
funding source becoming available makes strategic sense.
The estimated projects would range from sidewalk widening to bike lanes and from intersection improvements
to adjustment to frontage roads to increase safety for all modes of travel. Below is a breakout of the costs by the
City’s budgeting outcome areas.
• Neighborhood Livability & Social Health $6 to $9 Million
• Culture & Recreation $6 to $9 Million
• Economic Health $8 to $12 Million
• Environmental Health $2 to $3 Million
• Safe Community $8 to $12 Million
• Transportation & Mobility $8 to $12 Million
• High Performing Government
The types of projects by category are listed below:
▪ Neighborhood Livability & Social Health
▪ Improved walkability and bikeability
▪ Creating inviting spaces for people to shop, eat, and linger in close proximity to existing
neighborhoods
▪ Beautification and Placemaking
▪ Culture & Recreation
▪ Creation of event spaces (shared streets) on frontage roads for community gatherings
▪ Pocket Parks
▪ Public Art Opportunities
▪ Economic Health
▪ Public investment will enhance this vital commercial corridor and encourage private investment
along the corridor as demonstrated on North College Avenue and Lincoln Ave
▪ Creating more opportunities for people to linger and spend more in Midtown
▪ Support local businesses and encourage business to
▪ Environmental Health
▪ Improved multi-modal access would help reduce automobile trips
▪ Landscape improvements could reduce water consumption
▪ Safe Community
▪ Improved frontage road intersections
▪ Improved pedestrian and bike facilities
▪ Transportation & Mobility
▪ Improved frontage road intersections
▪ Improved pedestrian and bike facilities
▪ Improved traffic signals and pedestrian street crossing
▪ ADA improvements
▪ High Performing Government
▪ Taking advantage of public/private partnership with Midtown BID
▪ Leveraging funds to create opportunities for infrastructure grants
▪ Supporting business community
▪ Taking next step toward implementation of Midtown Plan and Midtown In Motion Plans
DISCUSSION / NEXT STEPS:
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
• Does Council Finance Committee recommend submitting the supplemental appropriation leveraging City
funding, in partnership with the Midtown Business Improvement District, to complete the 30 percent design
effort of portions of the Midtown In Motion plan, in order to be eligible for Federal grant capital funding?
• Is there any additional information the Council Finance Committee feels would be helpful when the Council
considers this appropriation request?
Julie Pignataro consulted with John Duval re: a potential conflict of interest due to her husband working for a
tree company who has provided an estimate for some tree work related to this project.
Jamie Giellis. no contracts have been awarded yet other than the design work.
John Duval; would the contract be with the BID or with the city?
No award yet.
Kelly Ohlson; I am very excited about this project - to see this all change over time - this is a great project in the
middle of our community - no brainer for me to move forward with this - design cost seems high to me at $1.7M
- wish the design didn’t cost so much and surprised by how high construction costs are but I am a yes
Emily Francis; we talk a lot about the physical environment, but I didn’t see anything about housing – isn’t that a
transit line development area?
Johs Birks; yes, this is a targeted infill area within City Plan so that includes trying to see more infill housing
development. What we are focused on here are the improvements within the public right of way. A lot of these
Improvements would enable better access for housing projects. Would make area for attractive for housing
development. So right now, this is limited to the public right of way so not into the private housing space yet.
Emily Francis; thank you for the explanation - this is a great project, and this area could use a lot of help –
excited to see it move forward.
Shirley Peel; I am super excited about this project – glad to see it come to fruition
John Duval; the Charter talks about if you have a relative that has a financial interest in the matter that is before
you and the interest equated with money – based on what I have heard today, I think in the near future it is
unlikely since we are talking about only the design aspect at this point, and this is not inclusive of any
construction. It is unlikely that you have an immediate interest in this but at some point it could develop into
this.
Julie Pignataro; I am a yes – a 1000 times yes - Shirley and I share a border of this and I can’t wait to see this area
improved.
Susan Gutowsky; I have to echo the other Council members – I have been waiting for this project to start for the
longest time - I remember when they first started talking about it - So exciting to see it taking form – Is there any
timeline for when this might ultimately be done?
Josh Birks; honestly, we are looking to partner on projects as soon as we can but probably 1-2 years before we
see significant projects. We are looking at a $40-60M total construction costs – even with grants – it is likely to
be many years as we see these projects come online. We will be looking at what phases we could bring on
quickly – this is about positioning ourselves to make the two entities’ dollars go further by getting those grant
dollars from the Federal infrastructure Bill - kind of hard to tell as it will depend on when the grant funds come
in and what projects make sense to start with
Julie Pignataro; we look forward to moving this forward - thank you
Result: the Council Finance Committee unanimously supports moving this forward.
Presented by:
Midtown Infrastructure
Design: Supplemental
Appropriation
03-03-2022
Brad Buckman
City Engineer
Josh Birks
Economic Health and Redevelopment
Director
ATTACHMENT 2
2Questions for the Finance Committee:
1.Does Council Finance Committee recommend submitting the supplemental
appropriation leveraging City funding, in partnership with the Midtown
Business Improvement District, to complete the 30 percent design effort of
portions of the Midtown In Motion plan, in order to be eligible for Federal
grant capital funding?
2.Is there any additional information the Council Finance Committee feels
would be helpful when the Council considers this appropriation request?
Project Cost and Funding Break Down
Total Project Cost: $500,000
•Covers Thunderbird to Boardwalk
Funding Sources:
•$200,000 –Midtown BID
•$150,000 –Transportation Capital Expansion Fees
•$150,000 –General Fund Reserves
Additional Notes:
•TCEF is funding design of the College & Drake
Intersection improvements (To Thunderbird)
•Ability to apply for grant capital funds –estimated need
between $40 and $60 million*
4
*Estimates are based on 2022 costs and subject to change
Goals Achieved
•Opportunity to leverage a public/private partnership with the Midtown BID
•Area generates approximately 21% of the City’s sales tax revenue –critical to overall financial
wellbeing
•Past councils supported the improvements by adopting the Midtown Plan and the Midtown in
Motion Plan
•Advances the BID’s reason for creation –to advance improvements to the physical environment
along S. College and establish the area as a destination
•Leverages funds committed to improving the Drake/S. College intersection –plan alignment
reduces costs
•Timing is critical to be ready for Federal grant capital associated with recent legislation
6
7Estimated Overall Construction Costs
•Neighborhood Livability & Social Health $6 to $9 Million
•Culture & Recreation $6 to $9 Million
•Economic Health $8 to $12 Million
•Environmental Health $2 to $3 Million
•Safe Community $8 to $12 Million
•Transportation & Mobility $8 to $12 Million
Total Cost: $40 to $60 million
Neighborhood Livability & Social Health
•Improved walkability and
bikeability
•Creating inviting spaces to shop,
eat, and linger near existing
neighborhoods
•Beautification and Placemaking
8
Between $6 and $9 million
Culture and Recreation
•Creation of event spaces
(shared streets) on frontage
roads for community gatherings
•Pocket Parks
•Public Art Opportunities
9
Between $6 and $9 million
Economic Health
•Public investment will enhance
this vital commercial corridor
and encourage private
investment along the corridor as
demonstrated on North College
Avenue and Lincoln Ave
•Creating more opportunities for
people to linger and spend more
in Midtown
•Support local businesses
10
Between $8 and $12 million
Environmental Health
•Improved multi-modal access
could reduce automobile trips
•Landscape improvements could
reduce water consumption
11
Between $2 and $3 million
Safe Community
•Improved frontage road
intersections
•Improved pedestrian and bike
facilities
12
Between $8 and $12 million
Transportation & Mobility
•Improved frontage road
intersections
•Improved pedestrian and bike
facilities
•Improved traffic signals and
pedestrian street crossing
•ADA improvements
13
Between $8 and $12 million
High Performing Government
•Taking advantage of
public/private partnership with
Midtown BID
•Leveraging funds to create
opportunities for infrastructure
grants
•Supporting business community
•Taking next step toward
implementation of Midtown Plan
and Midtown In Motion Plans
14
15Questions for the Finance Committee:
1.Does Council Finance Committee recommend submitting the supplemental
appropriation leveraging City funding, in partnership with the Midtown
Business Improvement District, to complete the 30 percent design effort of
portions of the Midtown In Motion plan, in order to be eligible for Federal
grant capital funding?
2.Is there any additional information the Council Finance Committee feels
would be helpful when the Council considers this appropriation request?
THANK YOU!
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ORDINANCE NO. 037, 2022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES AND AUTHORIZING TRANSFERS OF
APPROPRIATIONS FOR THE MIDTOWN INFRASTRUCTURE PROJECTS THIRTY
PERCENT DESIGN PROJECT AND RELATED ART IN PUBLIC PLACES
WHEREAS, the City Council adopted the Midtown Plan and the Midtown In Motion
plan in 2013 and 2014, respectively, which provide a framework for addressing safety, mobility,
and access concerns along South College Avenue from Prospect Road to Harmony Road; and
WHEREAS, the Midtown Plan and the Midtown In Motion plan include a wide range of
capital projects for which the City, through its Engineering Department and others, have been
working on key improvements identified in these plans, namely addressing key intersections; and
WHEREAS, the City plans to partner with the Midtown Business Improvement District
(“MBID”) to complete the “thirty percent design project” (the “Project”), as thirty percent design
is the key threshold required to apply for Federal funding grants, so the City can compete for
federal funding recently authorized by Congress’ adoption of the federal Infrastructure
Investment and Jobs Act (the “Infrastructure Act”); and
WHEREAS, MBID already has allocated and contributed $200,000 toward the thirty
percent design effort, but a total of $500,000 is required to complete the thirty percent design
plan set; and
WHEREAS, the proposed partnership with MBID provides a unique opportunity for the
City to advance the goals of these plans between key intersections on South College Avenue by
leveraging a public/private partnership with MBID and securing $200,000 of its funding for the
mutual benefit of both the MBID ratepayers and the City of Fort Collins as a whole; and
WHEREAS, the MBID corridor generates approximately twenty-one percent of the entire
sales tax for the City, making the success of Midtown critical to the City’s overall financial
wellbeing; and
WHEREAS, this partnership would help to fulfill the primary purpose of MBID – to
advance improvements to the physical environment along South College to establish Midtown as
a destination – while also leveraging City funds committed to improving the intersection at
Drake and South College Avenue at a cost savings; and
WHEREAS, the timing of this effort is critical to allow both MBID and the City to
leverage resources outside of this community (federal, state, etc.), while allowing the City to
align the Midtown Infrastructure Projects with the City’s Budgeting for Outcomes process and
preparing the City to submit grant requests for infrastructure funding coming through the
Infrastructure Act; and
-2-
WHEREAS, this appropriation benefits the public health, safety, and welfare of the
residents of Fort Collins and serves the public purpose of improving transportation infrastructure
within the City; and
WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon the
recommendation of the City Manager, to make supplemental appropriations 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 appropriations described
herein and determined that these appropriations are available and previously unappropriated
from the General Fund and the Transportation Capital Expansion Fee Fund, as applicable, and
will not cause the total amount appropriated in the General Fund or the Transportation Capital
Expansion Fee 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 Cit y 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, this Project involves a construction project estimated to cost more than
$250,000 and, as such, City Code Section 23-304 requires one percent of these appropriations to
be transferred to the Cultural Services and Facilities Fund for a contribution to the Art in Public
Places program (“APP Program”); and
WHEREAS, City Code Section 23-302 defines “construction project” to include, among
other costs, all design costs associated with the construction project; and
WHEREAS, the Interim City Manager has recommended the transfer of $3,000 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; and
WHEREAS, Article V, Section 11 of the City Charter authorizes the City Council to
designate in the ordinance when appropriating funds for a capital project that such appropriation
shall not lapse at the end of the fiscal year in which the appropriation is made but continue until
the completion of the capital project; and
WHEREAS, the City Council wishes to designate the appropriation herein for the
Midtown Infrastructure Projects Thirty Percent Design Project as an appropriation that shall not
lapse until the completion of the Project; and
-3-
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 prior year reserves in the General
Fund the sum of ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000) to be expended
in the General Fund for transfer to the Capital Projects Fund for the Midtown Infrastructure
Projects Thirty Percent Design Project and appropriated therein.
Section 3. That there is hereby appropriated from prior year reserves in the
Transportation Capital Expansion Fee Fund the sum of ONE HUNDRED FIFTY THOUSAND
DOLLARS ($150,000) to be expended in the Transportation Capital Expansion Fee Fund for
transfer to the Capital Projects Fund for the Midtown Infrastructure Projects Thirty Percent
Design Project and appropriated therein.
Section 4. That the unexpended and unencumbered appropriated amount of TWO
THOUSAND THREE HUNDRED FORTY DOLLARS ($2,340) in the Capital Projects Fund is
hereby authorized for transfer to the Cultural Services and Facilities Fund and appropriated and
expended therein to fund art projects under the APP Program.
Section 5. That the unexpended and unencumbered appropriated amount of SIX
HUNDRED DOLLARS ($600) in the Capital Projects Fund is authorized for transfer to the
Cultural Services and Facilities Fund and appropriated and expended therein for the operation
costs of the APP Program.
Section 6. That the unexpended and unencumbered appropriated amount of SIXTY
DOLLARS ($60) in the Capital Project Fund is authorized for transfer to the Cultural Services
and Facilities Fund and appropriated and expended therein for the maintenance costs of the APP
Program.
Section 7. That the appropriation herein for the Midtown Infrastructure Projects
Thirty Percent Design Project is hereby designated, as authorized in Article V, Section 11 of the
City Charter, as an appropriation that shall not lapse at the end of this fiscal year but continue
until the completion of the Project.
-4-
Introduced, considered favorably on first reading, and ordered published this 5th day of
April, A.D. 2022, and to be presented for final passage on the 19th day of April, A.D. 2022.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 19th day of April, A.D. 2022
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk