HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/17/2004 - FIRST READING OF ORDINANCE NO. 026, 2004, APPROPRI ITEM NUMBER: 16
AGENDA ITEM SUMMARY DATE: February 17, 2004
FORT COLLINS CITY COUNCIL STAFF: Matt Baker
SUBJECT
First Reading of Ordinance No. 026, 2004, Appropriating and Transferring Unanticipated
Revenue From the Street Oversizing Fund, Contributions in Aid of Construction, into the Capital
Projects Fund for the Engineering Design of Timberline Road From Prospect to Drake.
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
FINANCIAL IMPACT
Developers have contributed $100,000 to the City for the engineering design of Timberline Road
from Prospect to Drake. These funds are in conjunction with the proposed Special Improvement
District No. 95 financed privately by property owners developing in the proposed district. The
Resolution accepting the petitions and directing City staff to prepare the plans and cost estimates
was adopted by City Council on November 4, 2003. This cash contribution will allow the City
to begin the design with no cost to the taxpayers.
EXECUTIVE SUMMARY
Traffic congestion at the Timberline/Prospect intersection is well below the City's Level of
Service requirements, with almost all legs and turn movements failing during the morning and
evening peak rush hours. In accordance with the Adequate Public Facilities Ordinance, any new
development which impacts this intersection cannot proceed until these existing deficiencies are
corrected.
In the absence of any capital improvement funding for this intersection, two developers are
electing to privately fund these improvements in order to proceed with their development
projects. These two developers, owners of the bulk of the impacted property, are proposing the
initiation of a special improvement district (SID) which will assess a portion of the costs of the
improvements to the other owners of undeveloped property in the area that will benefit by the
improvements.
The two initiating developers have contributed $100,000 so the City can prepare the plans, an
estimate of costs, and maps of the district needed to complete the engineering design without
cost to the City. This Ordinance will appropriate these funds into a capital project account for
February 17, 2004 -2- Item No. 16
the selection of a consulting engineering firm to provide the design plans and documents needed
for the creation of the SID and the construction of the project.
BACKGROUND
Timberline Road from Drake to Prospect is currently the highest deficiency segment in the
City's street network. The Timberline/Prospect intersection experiences failing levels of service
in both the morning and evening peak hours. Attempts by the City to create a funding
mechanism for the necessary improvements have not been successful.
The City's Adequate Public Facilities (APF) Ordinance does not allow any additional
development to impact failing intersections. A conceptual estimate indicates that $2.3 million
is needed to improve the intersection to the minimum levels of service required to allow
additional development in the area. The improvements contemplated are:
• Dedicated right turn lanes on all legs of the intersection
• Double left turn lanes on Timberline
• Additional through lanes on Timberline
These interim improvements will add capacity to the intersection, but will not include
landscaped medians, concrete paving, enhanced crosswalks, or other aesthetic elements.
There are two large development parcels which are currently affected by the APF Ordinance.
The James Company is proposing the Sidehill development project on the east side of
Timberline and north of Drake, and the Cumberland Group owns 80 acres on the west side of
Timberline and north of Drake. Neither of these developments can proceed without
improvements to the Timberline/Prospect intersection. The James Company and the
Cumberland Group have elected to fund the $2.3 million APF improvements in order to proceed
with their development projects.
There are other smaller undeveloped parcels in the one-mile radius area around
Timberline/Prospect intersection that are affected by the City's APF Ordinance. Some have
expressed interest in participating in the cost of improving the Timberline/Prospect intersection
while others have agreed with the need for improvements, but do not support paying for it.
The James Company and the Cumberland Group have proposed the formation of a Special
Improvement District (SID) as a financing mechanism to allow for a fair and equitable
assessment of all property owners who will benefit from the improvements. The terms of the
SID would generally be:
1. The amount assessed against benefited properties in the SID will be the amount needed to
make the APF improvements to the Timberline/Prospect intersection, currently estimated
at $2.3 million.
2. No municipal or City-backed bonds will be issued. Financing will be by the developers,
using cash or private placement bonds. The City would be the collection agency for
assessments, but would not incur any financial liability. Actual payment of the $2.3
million by the James Company and Cumberland Group will not occur until construction
February 17, 2004 -3- Item No. 16
bidding (February 2005) to avoid capitalized interest. Security in the form of a
performance bond for $2.3 million will be necessary in order for development to
continue during the formation of the SID.
3. The assessment method will be based on two factors associated with benefitting
undeveloped property. These factors are trip generation and proximity to the intersection
within a one-mile radius. Efforts will be made to obtain the consent of any potentially
assessable property owner prior to the creation of the District.
4. The properties included in the SID will begin repayment of their proportionate share (the
assessments) upon completion of the construction and final accounting of the costs
(tentatively in late 2006).
Providing a 10-year repayment schedule for properties being assessed could be an incentive for
property owners to participate in the SID without opposition. However, in accordance with the
TABOR Amendment, a vote of district property owners may be necessary to allow the City to
enter into a multi-year obligation to repay the collected assessments over time. The alternative
to a 10-year payback is an immediate, one-time assessment of the full amount. This one-time
assessment, without the option to pay in installments, would likely produce a greater protest
from involuntary participants.
A resolution accepting the petitions and directing City staff to prepare the plans and cost
estimates was adopted by City Council on November 4, 2003.
The two initiating developers have provided $100,000 in funds to allow the City to prepare the
plans, estimate of costs, and maps of the district in order to complete the engineering design
without cost to the City.
The improvements to Timberline along the frontage of the developing parcels will be
constructed in accordance with normal Street Oversizing Program participation. The entire
segment of Timberline from Drake to Prospect, and the Timberline Prospect intersection
improvements, are planned to be constructed at the same time in order to reduce the impacts of
construction on motorists and to take advantage of cost savings due to economies of scale. A
proposed timeline is:
• November 2003 -- Acceptance of the petition
• April 2004 to January 2005 —Engineering design
• January 2005 — Second Resolution Accepting Plans, SID Creation Ordinance, set election
for TABOR requirement
• January 2005 to October 2005 —ROW Acquisition
• October 2005 to August 2006—Construction
• Assessment Ordinance immediately after construction
ORDINANCE NO. 026, 2004
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED REVENUE IN THE CAPITAL PROJECTS FUND -
TIMBERLINE ROAD IMPROVEMENTS PROJECT TO BE USED FOR THE ENGINEERING
DESIGN OF TIMBERLINE ROAD FROM PROSPECT ROAD TO DRAKE ROAD
WHEREAS,traffic congestion at the intersection of Timberline Road and Prospect Road(the
"Intersection") is well below the City's level of service requirements with almost all legs and turn
movements failing during the morning and evening peak rush hours; and
WHEREAS,improvements for the Intersection are not a part of the any of the City's current
capital improvement programs,and funding for these improvements has not yet been identified;and
WHEREAS, Section 3.7.3.(D)(1)(b) of the City's Land Use Code requires that all
developments shall meet or exceed the transportation level of service standards contained in Part II
of the City of Fort Collins Multi-modal Transportation Level of Service Manual for motor vehicles,
bicycles, and pedestrians; and
WHEREAS, prior to any new development impacting the Intersection any level of service
deficiencies at the Intersection must be corrected; and
WHEREAS,currently,the development of two large parcels within a one-mile radius of the
Intersection is on hold due to the inadequate levels of service at the Intersection; and
WHEREAS, the developers of the aforementioned parcels (the James Company and the
Cumberland Group) have proposed privately funding the improvements needed to meet the
minimum levels of services at the Intersection necessary to allow development of their parcels; and
WHEREAS, the City received a petition from the James Company requesting that the
Council initiate proceedings for the creation of a special improvement district which would spread
the cost of the needed improvements among benefitted properties in the vicinity of the Intersection;
and
WHEREAS,on November 4, 2003,City Council adopted Resolution 2003-122,Accepting
a Property Owner Petition Regarding the Initiation of a Special Improvement District, Stating the
Need For, the Nature Of, and the Location of the Improvements to Be Made, Describing the Area
to Be Assessed for the Same,and Directing the Director for Community Planning and Environmental
Services to Prepare and Present to the City Council the Necessary Information for the Formation of
Said District; and
WHEREAS, the City has received a total of$100,000, from the James Company and the
Cumberland Group to be used to prepare plans, estimate of costs, and maps of the proposed special
improvement district in order to complete the engineering design of improvements along Timberline
Road; and
WHEREAS, upon completion of the engineering design in January 2005 City Council may
be asked to consider adoption of a resolution accepting the completed plans, approving an
assessment method, holding a public hearing, and creating a special improvement district by
ordinance adopting the creation of a special improvement district; and
WHEREAS, right of way acquisition is scheduled to be completed by October 2005, with
interim improvements to be constructed at an estimated cost of$2.3 million, in order to bring the
Intersection into compliance with minimal levels of service by the Fall of 2006; and
WHEREAS, Article V, Section 9, of the Charter of the City of Fort Collins (the"Charter")
permits the City Council 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 to be received during the fiscal year; and
WHEREAS, City staff has determined that the appropriation of funds from unanticipated
revenue as described herein will not cause the total amount appropriated in the Capital Projects Fund
- Timberline Road Improvements Capital Project to exceed the current estimate of actual and
anticipated revenues to be received during any fiscal year; and
WHEREAS, it is the desire of the Council to appropriate the sum of$100,000,representing
contributions from two developers proposing development projects along Timberline Road, north
of Drake Road,in the Capital Projects Fund-Timberline Road Improvements Capital Project to be
used for the Engineering design of Timberline Road from Prospect Road to Drake Road.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that there is hereby appropriated for expenditure from unanticipated revenue in the
Capital Projects Fund-Timberline Road Improvements capital project,the sum of ONE HUNDRED
THOUSAND DOLLARS ($100,000), in the form of contributions from two developers proposing
development projects along Timberline Road, north of Drake Road, to be used for the Engineering
design of Timberline Road from Prospect Road to Drake Road.
Introduced and considered favorably on first reading and ordered published this 17th day of
February, A.D. 2004, and to be presented for final passage on the 2nd day of March, A.D. 2004.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 2nd day of March, A.D. 2004.
Mayor
ATTEST:
City Clerk
RESOLUTION 2003-122 P ■
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ACCEPTING A PROPERTY OWNER PETITION REGARDING THE
INITIATION OF A SPECIAL IMPROVEMENT DISTRICT,
STATING THE NEED FOR, THE NATURE OF,AND THE LOCATION
OF THE IMPROVEMENTS TO BE MADE,DESCRIBING THE AREA TO BE ASSESSED
FOR THE SAME, AND DIRECTING THE DIRECTOR OF COMMUNITY PLANNING AND
ENVIRONMENTAL SERVICES TO PREPARE AND PRESENT TO THE CITY COUNCIL
THE NECESSARY INFORMATION FOR THE FORMATION OF SAID DISTRICT
WHEREAS,the Council of the City of Fort Collins,Colorado(the"Council')has received
a Petition from an affected property owner (the "Petitioner") in the area of a proposed special
improvement district(the"District")requesting that the Council initiate proceedings for the creation
of the District; and
WHEREAS, the District would be established for the purpose of constructing certain street
improvements to Timberline Road between Drake Road and Prospect Road, including the
Timberline/Prospect intersection, and
WHEREAS, such improvements are sorely needed to relieve severe traffic congestion in
such area of the City; and
WHEREAS,the Council has received the Petition,accepts the same,and desires to proceed
with the formation of the District.
NOW,THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS:
Section 1. That the Petition,as submitted by the Petitioner requesting the formation of
the District, is hereby received and accepted.
Section 2. That the Petitioner constitutes one percent(1%) of the owners of the area of
the property be assessed in the District.
Section 3. That the improvements to be constructed will consist generally of
improvements to Timberline Road between Drake Road and Prospect Road, including the
Timberline/Prospect intersection, and will include, but need not be limited to, right-of-way
acquisition,earthwork,curb and gutter,sidewalk,bicycle lanes,bridge expansion,railroad crossing
expansion, drainage improvements, utility relocations, paving and other improvements that are
necessary or appurtenant thereto.
Section 4. Such improvements are needed in order to provide adequate access for
vehicles and pedestrians to the properties abutting Timberline Road to be improved, in order to
relieve severe traffic congestion in the area,and to provide adequate storm drainage and landscaping
amenities.
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Section 5. That it is hereby recognized that improvements to be constructed in the
District will confer special benefits on the real property in the District and general benefits to the
City at large.
Section 6. That the nature and location of the improvements to be made in the District
are as set forth on Exhibit "A" attached hereto and by this reference incorporated herein.
Section 7. That the Director of Community Planning and Environmental Services is
hereby directed to prepare and present to the Council the following:
a. Preliminary plans and specifications of the improvements described herein;
and
b. An estimate of the probable total cost of such improvements, including the
cost of planning,constructing,or otherwise acquiring the same;engineering,
legal and advertising costs;interest during construction and until assessments
are made by ordinance against the property benefitted, and other incidental
costs incurred in the District; and
C. A map of the District to be assessed for the cost of the improvements.
Section 8. That the area to be assessed for the District improvements described on
Exhibit"13,'attached hereto and incorporated herein by this reference,shall be approximately as set
forth in the Petition heretofore submitted by Petitioner and on file with the City Clerk.
Section 9. That the District shall be known as the Timberline/Prospect Special
Improvement District No. 93.
Passed and adopted at a regular meeting of the City Council held this 4th day of November,
A.D. 2003.
Mayor
ATTEST:
City Clerk
2
EXHIBIT"A"
DESCRIPTION OF IMPROVEMENTS
Timberline/Prospect SID#93
The TimberlinelProspect Special Improvement will generally consist of roadway and
intersection improvements to increase capacity at the Timberline Prospect intersection:
• Construction of dedicated right turn lanes on all legs of the intersection
Construction of double left turn lanes on NB and SB Timberline Road
• Construction of additional through lanes on NB and SB Timberline Road for a
total of four lanes
• Extension (widening)of the Timberline bridge over Spring Creek
• Extension of the RR crossing at the Great Western RR spur, including relocation
of the exisiting signal crossing arms and warning devices
• Relocation of an existing high pressure gas main
• Relocation and upgrade of the existing Timberline/Prospect traffic signal
• All incidental utility and drainage work necessary for construction of the
improvements
• Acquisition of all necessary ROW and easements
One Mile Radius EXMBIT'B"
Around Intersection of
Timberline and Prospect
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