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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 09/02/2008 - SECOND READING OF ORDINANCE NO. 078, 2008, APPROPR ITEM NUMBER: 7 AGENDA ITEM SUMMARY DATE: September 2, 2008 FORT COLLINS CITY COUNCIL STAFF: Rick Richter SUBJECT Second Reading of Ordinance No.078,2008,Appropriating Unanticipated Revenue and Authorizing the Transfer of Existing Appropriations from the General Fund to the Capital Projects Fund for the I-25 and SH392 Interchange and Improvements Project. RECOMMENDATION Staff recommends adoption of this Ordinance on Second Reading. EXECUTIVE SUMMARY An amended Intergovernmental Agreement between the Town of Windsor,City of Fort Collins,and the Developer(Metro Acquisitions,LLC)has been adopted to share the cost of filing a Justification for Separate Action and processing a 1601 Study for the I-25 and SH 392 Interchange. Ordinance No. 078, 2008, unanimously adopted on First Reading on August 19, 2008, appropriates Fort Collins' portion of the cost for these processes. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary -August 19, 2008. (w/o original attachments) ATTACHMENT ITEM NUMBER: 16 A-B AGENDA ITEM SUMMARY DATE: August 19, 2008 FORT COLLINS CITY COUNCIL 1N, . AFF: Rick Richter At I SUBJECT Items Relating to the I-25/SH 392 Interchange and Improvements Project. RECOMMENDATION Staff recommends adoption of the Resolution and of the Ordinance on First Reading. FINANCIAL IMPACT The Resolution authorizes a re ' e tRofdsor ement with associated cost sharing commitments for the City's co ibuti The cost sharing agreement con the an ity of Fort Collins will contribute twenty five percent (25%) each, and Metro Acquisitions, LLC will contribute fifty percent (50%) of the costs for the Justification for Separate Action and 1601 Study. The total cost for the Justification for Separate Action is $15,010. The City share is $3,753 (25%) and this cost has not changed from the original agreement. The Justification for Separate Action has been approved. The three parties of this agreement will now prepare a 1601 application to be submitted apply to the Colorado Department of Transportation and the Federal Highway Works Administration for approval of the Interchange Improvements and agree to share the project's initial consulting costs as well as the subsequent costs generated by the 1601 process. After receiving a proposal, the total cost of the 1601 study has increased from $138,551 to $199,749. At this time, the City's share of this amount will be $49,937 (25%). As such, the total cost for the City contribution for these two actions is $53,690. The funds will be transferred from the General Fund's Non-Departmental Contingency account. EXECUTIVE SUMMARY A. Resolution 2008-058 Authorizing the Mayor to Execute an Amendment to the Intergovernmental Agreement Regarding Highway 392 Interchange Between the City, the Town of Windsor and Metro Acquisitions, LLC. B. First Reading of Ordinance No. 078, 2008, Appropriating Unanticipated Revenue and Authorizing the Transfer of Existing Appropriations from the General Fund to the Capital Projects Fund for the I-25 and SH392 Interchange and Improvements Project. August 19, 2008 -2- Item No. 16 A-B This Resolution authorizes an amended Intergovernmental Agreement between the Town of Windsor, City of Fort Collins, and the Developer (Metro Acquisitions, LLC) to share the cost of filing a Justification for Separate Action and processing a 1601 study for the I-25 and SH 392 Interchange. Ordinance No. 07 8oproaPhecost'tween rt. 011inp' portion of the cost for these processes. WThe amended Intergovernmenta re�ed Windsor, Fort Collins, and the Developer and increases the capped contribution from Fort Collins from $38,391 to $53,690. BACKGROUND With new growth in Windsor and southeast Fort Collins in recent years, the permanence of the existing I-25/392 interchange is significantly impacted. The interchange is an integral, yet poorly functioning part of the transportation network. In January 2006, the City of Fort Collins and the Town of Windsor entered into an Intergovernmental Agreement (IGA) to develop a plan for the improvement of the interchange, including implementation strategies. A plan was prepared and presented to both the City and Town, and affected interests. The initial project cost for the 160 t dy sented to Coit ' March 2008 as part of the three party agreement to be divided wee ndso ` Pitan the Developer) was estimated at $138, 552. In April,the City of Fort Collins and Town of Windsor received a proposal from DMJM Harris to perform the SH 392 and 125 interchange 1601 Study. Staff reviewed the proposal and subsequently interviewed DMJM Harris. The interview panel was impressed with DMJM's qualifications and experience with studies of this type. (Note: Because staff is following the CDOT/Federal Highway Administration process of consultant selection,cost was not allowed as a criterion for the proposal.) After the interview with the consultant,the cost associated with its proposal was received.The initial cost proposal was $230,898. The project team then held a scoping meeting with DMJM Harris at which time some items such as travel were eliminated, staff reduced efforts on other items, and adjusted consultant-assigned personnel on some tasks. As a result, the proposed project cost was reduced to $199,749. The initial project cost estimates were derived from Windsor's previous 1601 study at this location, initiated in 2004. After reviewin e P ify' CD e ' ements for the level of design, and addressing the number of Co To in , and public meetings expected, the Consultant fees increased nifican So se se ces were not included in the 2004 Windsor proposal as there w nly/o ur' is n invol and less call for formal public outreach. ATTACHMENTS 1. Summary of Council Work Session held on June 10, 2008. ORDINANCE NO. 078, 2008 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE AND AUTHORIZING THE TRANSFER OF EXISTING APPROPRIATIONS FROM THE GENERAL FUND TO THE CAPITAL PROJECTS FUND FOR THE I-25 AND SH392 INTERCHANGE AND IMPROVEMENTS PROJECT WHEREAS, the Interstate 25 and State Highway 392 Interchange ("Interchange"), located at Exit 262, borders the western edge of the Town of Windsor ("Town") and the southeastern limits of the City of Fort Collins ("City"); and WHEREAS, the Interchange is an integral part of the regional transportation network; and WHEREAS, in recent years, the capacity of the Interchange has been significantly impacted by state and regional growth, as well as local growth in Windsor and southeast Fort Collins, so that the Interchange is unable to handle current traffic capacity during peak hours; and WHEREAS, the Interchange is characterized by numerous design and operational deficiencies and substandard safety features; and WHEREAS, accelerating the improvement of the Interchange requires obtaining approval from the Colorado Department of Transportation ("CDOT"), North Front Range Transportation and Air Quality Planning Council ("NFR-MPO") and the Federal Highway Works Administration ("FHWA"); and WHEREAS, the City and Town are jointly applying to CDOT and FHWA for a determination that a Separate Action from the Northern Colorado Interstate 25 Corridor environmental impact statement is justified(the"JSA"); and WHEREAS, the City and Town are also seeking approval for improvements to the Interchange through the CDOT 1601 Interchange Approval Process (the "1601 Process"); and WHEREAS, pursuant to Resolution 2008-030, the City Council agreed to enter into an agreement with the Town and Metro Acquisitions, LLC (the "Developer") to share costs and responsibilities in applying for the JSA and 1601 Process (the "Cost Sharing Agreement"); and WHEREAS, under the Cost Sharing Agreement, the Town and the City will each contribute twenty five percent (25%), and the Developer will contribute fifty percent (50%) of the costs for the RSA and CDOT's 1601 Interchange Approval Process (the "1601 Process"); and WHEREAS, concurrently with the passage of this Ordinance, the City Council is considering Resolution 2008-58 which would maintain the percentages in the Cost Sharing Agreement but increase the maximum cost to more accurately align with the estimate to perform the work required by the applications for the JSA and 1601 Process; and WHEREAS, City staff has received proposals and identified the costs associated with the JSA and 1601 Process to be $214,759; and WHEREAS, the estimated amount to be received from the Developer is $107,380; and WHEREAS, the City's estimated portion of the cost is $53,690, with available funds identified from existing appropriations in the Non-Departmental Contingency account of the General Fund; and WHEREAS, Article V, Section 9, of the Charter of the City of Fort Collins 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 have determined that the appropriation of the revenue as described herein will not cause the total amount appropriated in the Capital Projects Fund to exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year; and WHEREAS, Article V, Section 10, of the Charter authorizes the City Council to transfer by ordinance any unexpected and unencumbered appropriated amount or portion thereof from one fund to another fund, provided 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 there is hereby appropriated for expenditure from unanticipated revenue in the Capital Projects Fund - I-25 and SH 392 Interchange and Improvements Project, the sum of ONE HUNDRED SEVEN THOUSAND THREE HUNDRED EIGHTY DOLLARS ($107,380) representing a payment from the Developer to be used for the Justification for Separate Action and the 1601 Process. Section 2. That the unexpended appropriated amount of FIFTY THREE THOUSAND SIX HUNDRED NINETY DOLLARS ($53,690) is hereby authorized for transfer from the General Fund to the Capital Projects Fund — I-25 and SH 392 Interchange and Improvements Project for appropriation therein to be used for the Justification for Separate Action and the 1601 Study. -2- Introduced, considered favorably on first reading, and ordered published this 19th day of August, A.D. 2008, and to be presented for final passage on the 2nd day of September, A.D. 2008. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 2nd day of September, A.D. 2008. Mayor ATTEST: City Clerk -3-