HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/17/2009 - SECOND READING OF ORDINANCE NO. 018, 2009, APPROPR ITEM NUMBER: 8
AGENDA ITEM SUMMARY DATE: February 17, 2009
FORT COLLINS CITY COUNCIL STAFF: Mark Jackson
Rick Richter
SUBJECT
Second Reading of Ordinance No. 018, 2009, Appropriating Unanticipated Revenue in the Capital
Projects Fund for the Interstate 25 and State Highway 392 Interchange and Improvements Project.
RECOMMENDATION
Staff recommends adoption of this Ordinance on Second Reading.
EXECUTIVE SUMMARY
The City Council, the Windsor Town Board and the Colorado Department of Transportation have
approved an intergovernmental agreement (IGA) concerning the design of the Interstate 25/State
Highway 392 Interchange. The IGA identifies the scope of work for the design, describes how the
design contract will be managed,and defines funds for CDOT`s design review. Ordinance No. 018,
2009, unanimously adopted on First Reading on February 3, 2009, authorizes the appropriation of
$1,768,523 in lieu of revenue from the General Fund to the Capital Projects Fund for the design of
the 1-25 and SH392 Interchange improvements.
ATTACHMENTS
l. Copy of First Reading Agenda Item Summary - February 3, 2009.
(w/o original attachments)
ATTACHMENT
ITEM NUMBER: 21
AGENDA ITEM SUMMARY DATE: February 3, 2009
FORT COLLINS CITY COUNCIL STAFF: Mark Jackson
ll 11 � 7 Rick Richter
SUBJECT
Items Relating to an Intergovernmental Agreement between the City of Fort Collins, the Town of
Windsor and the Colorado Department of Transportation.
RECOMMENDATION
Staff recommends adoption of the Resolution and Ordinance on First Reading.
FINANCIAL IMPACT
The Transportation Commission's off hy e System Levve�Stu y on January 21,2009 and the
approval of the Intergovernmentall Agreement(IGA)will allow the project to be designed and ready
for construction. Design funding--in-the amount ofk$4,937,8786as earmarked for this project by
CDOT. Of that amount, $169,355 will be withheld for CDOT review, the remaining funds of
$1,768,523 will cover the cost of consultant design and City and Town review. The total amount
appropriated will be $1,768,523. The total cost of the design will be funded by CDOT so no local
match is required. The preliminary cost of the interchange construction is estimated to cost an
additional $22.7 million(not including right-of-way). The cost of constructing the interchange and
right-of-way acquisition is not part of this IGA. If construction funding becomes available,a second
IGA will be required.
EXECUTIVE SUMMARY
A. Resolution 2009-010 Approving an Intergovernmental Agreement with the Town of
Windsor and the Colorado Department of Transportation Concerning the Design of the
Interstate 25/State Highway.3992 Interchange.
B. First Reading of Ordiriance No. 018,20091 Appropriating Unanticipated Revenue in the
Capital Projects FunAortthe Interstate 25 and State Highway 392 Interchange and
Improvements Project.
The City Council and the Windsor Town Board have held three joint work sessions to discuss the
I-25 and State Highway 392 Interchange Improvements and System Level Study (1601 Process).
The System Level Study for this interchange was approved by the Transportation Commission on
January 21, 2009. This approval, along with a signed IGA, will allow the project to move into the
final design phase. This agreement outlines the disbursement of the $1,937,878 million available
February 3, 2009 -2- Item No. 21
from CDOT for the design of the interchange. Ordinance No. 018, 2009, authorizes the
appropriation of$1,768,523 in lieu of revenue from the General Fund to the Capital Projects Fund
for the design of the I-25 and SH392 Interchange Improvements.
BACKGROUND C" nRy -
The I-25 and State Highway 392 Interchange is an integral, yet poorly functioning part of the state
transportation network. In January 2006, the City of Fort Collins (City) and the Town of Windsor
(Town)entered into an Intergovernmental Agreement(IGA)to develop a plan for the improvement
of the interchange, including implementation strategies.
A plan was presented to the City, the Town, and affected interest groups. A joint task force (staff
from the Town,City,and a potential Developer)was formed to focus on the specific financing tools
to use for funding scenarios of the interchange improvements. The System Level Study includes
three possible funding scenarios.
The two-year process to develop the I-25/SH 392 Interchange Improvement Plan was completed in
early 2008. The Study established a foundation for implementing the needed interchange
improvements and developing some financing tools available to the Town and the City.
The next step was the completion of a CDOT approved'System�Level Study. The City and Town
chose to move forward with thAyy Nvel Study. A SysteLevel Study is a CDOT mechanism
for seeking approval from the Federal Highway Administration (FHWA) to reconstruct or modify
an interchange on the Interstate Highway System. The Study included conceptual design,
environmental clearance, and a financing package. Staff representatives from Fort Collins and
Windsor worked in collaboration with a consultant team to complete the requirements of CDOT and
FHWA. The System Level Study was approved by the Transportation Commission on January 21,
2009. Completion of these requirements allows the project to be designed and ready for
implementation when construction funding is available.
This IGA between the Town, City and CDOT identifies the process for administrating the
$1,937,878 million that is available from CDOT. The IGA identifies the scope of work for the
design, describes how the design contract will be managed, and defines funds for CDOT`s design
review. The scope of work includes provisions specifying that any additional wetlands mitigation
beyond levels required by the National Environmental Policy Act(NEPA),as well as retaining walls
along SH-392 west of the interchange will be the financial responsibility of the City of Fort Collins.
With the Transportation Commission approval of the System Level Study and the approved IGA,
the interchange design can begin immediately and will•allow the project to be ready for construction
in the Fall 2009, qualifying the�pro`�ffo�potential stimulus package funding.
ATTACHMENTS
1. Powerpoint presentation.
ORDINANCE NO. 018, 2009
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED REVENUE
IN THE CAPITAL PROJECTS FUND FOR THE INTERSTATE 25 AND
STATE HIGHWAY 392 INTERCHANGE AND IMPROVEMENTS PROJECT
WHEREAS, the Interstate 25 and State Highway 392 Interchange ("Interchange"), located
at Exit 262,borders the western limits 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, in January 2006, the City and Town entered into an Intergovernmental
Agreement to develop a plan for the improvement of the Interchange, including implementation
strategies; and
WHEREAS,the Town and the City have conducted a series of joint meetings for the purpose
of reviewing and directing the preparation of a Systems Level Study as part of the Colorado
Department of Transportation("CDOT") 1601 Interchange Approval Process(the"1601 Process");
and
WHEREAS, the Systems Level Study for the Interchange included a conceptual design,
environmental clearance, and a financing package for the project; and
WHEREAS, the City Council adopted Resolution 2009-003 accepting the Systems Level
Study and authorizing the City Manager to present it to the Colorado Transportation Commission
(the"Commission")and directed the City Manager to continue to work cooperatively with the Town
and CDOT to move forward with the plans for the final design and construction of the Interchange;
and
WHEREAS,on January 21,2009 the System Level Study for the Interchange was approved
by the Commission; and
WHEREAS, the City Council has adopted Resolution 2009-010, approving an
intergovernmental agreement among the Town,City and CDOT(the"Design IGA")that establishes
the process for administering $1,937,878 that CDOT has made available to the Town and the City
for the purpose of funding the design of the Interchange improvements, with no requirement of
matching funds; and
WHEREAS, pursuant to the Design IGA, CDOT will be withholding $169,355 of the
$1,937,878 to compensate CDOT for the costs it will incur in reviewing the final design of the
Interchange improvements; and
WHEREAS,the balance of$1,768,523 to be administered by the City must be appropriated
by the City Council; and
WHEREAS,with the Commission's approval of the Systems Level Study and the approved
Design IGA, the Interchange design can begin immediately and potentially allow for the project to
be ready for construction in the fall of 2009, qualifying the project for potential stimulus package
funding; and
WHEREAS, Article V, Section 9, of the City 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 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.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that there is hereby appropriated from unanticipated revenue in the Capital Projects Fund
the sum of ONE MILLION SEVEN HUNDRED SIXTY EIGHT THOUSAND FIVE HUNDRED
TWENTY THREE DOLLARS ($1,768,523) for expenditure in the Capital Projects Fund for the
design of the 1-25 and SH392 Interchange Improvements Project.
Introduced, considered favorably on first reading, and ordered published this 3rd day of
February, A.D. 2009, and to be presented for final passage on 7th day of February, A.D. 2009.
May
ATTEST:
City Clerk
Passed and adopted on final reading on the 17th day of February, A.D. 2009.
Mayor
ATTEST:
City Clerk