HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/05/2013 - SECOND READING OF ORDINANCE NO. 141, 2013, APPROPRAgenda Item 5
Item # 5 Page 1
AGENDA ITEM SUMMARY November 5, 2013
City Council
STAFF
Craig Foreman, Director of Park Planning & Development
SUBJECT
Second Reading of Ordinance No. 141, 2013, Appropriating Unanticipated Revenue from the Public
Service Company into the Capital Projects Fund for the Trail Acquisition and Development-Special Funds
Project.
EXECUTIVE SUMMARY
The Public Service Company’s (PSCo or Xcel) West Main Pipeline Project required easements across
City-owned Coyote Ridge, Colina Mariposa, and Hazaleus Natural Areas located along South Shields
Street between Fort Collins and Loveland and on the Kingfisher Natural Area near Timberline Road.
PSCo has agreed to provide $2,000,000 as compensation for the easements, and as mitigation for the
project’s community wide impacts. This Ordinance, unanimously adopted on First Reading on October
15, 2013, appropriates PSCo revenue, funding in the amount of $1,000,000, to be used for the
construction of a ten-foot wide concrete regional trail on the east side of Shields Street from Fossil Creek
Drive to Trilby Road.
The Ordinance has been amended on Second Reading to specify the Art in Public Places (APP) amount
for the Art Project ($7,800); and, the amount for APP maintenance and operations ($2,200).
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, October 15, 2013 (without attachments)
Agenda Item 15
Item # 15 Page 1
AGENDA ITEM SUMMARY October 15, 2013
City Council
STAFF
Craig Foreman, Director of Park Planning & Development
SUBJECT
First Reading of Ordinance No. 141, 2013, Appropriating Unanticipated Revenue from the Public Service
Company into the Capital Projects Fund for the Trail Acquisition and Development-Special Funds Project.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate $1,250,000 from Public Service Company (PSCo or Xcel) into
the Capital Project Trail Acquisition/Development - Special Funds.
The Public Service Company’s (PSCo) West Main Pipeline Project required easements across City-
owned Coyote Ridge, Colina Mariposa, and Hazaleus Natural Areas located along South Shields Street
between Fort Collins and Loveland and on the Kingfisher Natural Area near Timberline Road. PSCo has
agreed to provide $2,000,000 as compensation for the easements, and as mitigation for the project’s
community wide impacts. From the PSCo revenues, funding in the amount of $1,000,000 will be used for
the construction of a ten-foot wide concrete regional trail on the east side of Shields Street from Fossil
Creek Drive to Trilby Road. Funding in the amount of $250,000 will also be used for the removal and
relocation of the Poudre Trail at the Woodward Technology Center. The remaining $750,000 of PSCo
revenues will be used by Natural Areas for various projects along the Poudre River. These funds were
appropriated in the Natural Areas Fund by Ordinance No. 090, 2013.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
In late 2011, Public Service Company (PSCo) approached the Natural Areas Department to discuss the
West Main Project and the need to replace an existing natural gas pipeline located within several City-
owned natural areas. Negotiations with PSCo resulted in a payment of $2,000,000 to the City for the
natural area easements and to offset the community impacts of the pipeline project.
Staff reviewed a variety of trail projects, and determined construction of the regional trail along Shields
Street from Fossil Creek Drive to Trilby Road was the best use for $1,000,000 of the PSCo funds. This
regional trail is included in the Council-adopted Parks and Recreation Policy Plan. The trail will generally
be placed on land disturbed by the pipeline project. Constructing the trail now avoids the need to restore
this area and then disturb it when the trail is constructed in the future. Constructing this section of the
regional trail will also create an incentive for Larimer County and the City of Loveland to connect to and
complete the trail.
The Woodward Technology Center project will result in the City obtaining 31 acres of natural area. City
staff determined $250,000 of the PSCo funds should be used to remove the section of the Poudre Trail
on the site and relocate within the restored natural area. The remaining $750,000 in PSCo funds will be
used to acquire, restore or otherwise improve natural areas along the Poudre River. If any funds remain
after completion of the trail projects, it will be used for other trail construction needs.
Agenda Item 15
Item # 15 Page 2
FINANCIAL / ECONOMIC IMPACT
The $1,250,000 available for trail projects augments existing limited trail funding allowing these funds to
be used for other needed trail projects. The project appropriation of $1,250,000 for the trail projects
includes $12,500 for 1% Art in Public Places (APP). Of this amount $9,750 will be transferred to the APP
project in the Cultural Services and Facilities Fund for the artwork and the remaining $2,750 will be
transferred to the same fund for the maintenance of the artwork and operations of the APP program. The
total amount transferred to APP will be $12,500 or 1% of the total project cost.
Funding for the annual operation and maintenance cost of the 1.0 mile of new trail from Fossil Creek
Driver to Trilby Road is estimated at $10,000 and will be included in the 2015 Parks trail maintenance
Budgeting for Outcomes offer. The relocated Poudre Trail annual operation and maintenance cost at the
Woodward Technology Center is in existing Parks budgets.
ENVIRONMENTAL IMPACTS
The new trail location along Shields Street has been reviewed by the Natural Areas staff and will be
located close to the street to minimize impacts to the natural areas. The relocated Poudre Trail at the
Woodward Technology Center will not be located right next to the river, as it is now. The new trail section
will provide nice views of the river as it traverses the restored natural area.
BOARD / COMMISSION RECOMMENDATION
The Parks and Recreation Board and the Land Conservation Board were informed of the project over the
past year through staff updates.
The Boards were supportive of these projects.
PUBLIC OUTREACH
The trail project from Fort Collins to Loveland was discussed with the community during the 2008 Parks
and Recreation Policy Plan update and is listed on the City’s trail development web page.
The Poudre Trail relocation at the Woodward Technology Center has been shown at several open
houses for the Woodward project in 2013.
ATTACHMENTS
1. Woodward Proposed Trail Map
2. Xcel Loveland Trail Map
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ORDINANCE NO. 141, 2013
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING UNANTICIPATED REVENUE FROM THE PUBLIC
SERVICE COMPANY INTO THE CAPITAL PROJECTS FUND FOR THE TRAIL
ACQUISITION AND DEVELOPMENT - SPECIAL FUNDS PROJECT
WHEREAS, pursuant to Ordinance Nos. 008, 009, 010, and 011, 2013, as adopted by the
City Council in January 2013, the Public Service Company has paid to the City $2 million in
exchange for certain easements across natural areas in the City; and
WHEREAS, Public Service Company sought the easements in order to complete its west
main natural gas pipeline project through portions of the Coyote Ridge, Colina Mariposa,
Hazaleus, and Kingfisher Natural Areas; and
WHEREAS, these funds are to be used on projects which help mitigate the impacts of the
easements on the community; and
WHEREAS, City staff recommends that $1,000,000 of these funds be used for the
construction of a ten-foot wide concrete regional trail on the east side of Shields Street from
Fossil Creek Drive to Trilby Road; and
WHEREAS, City Council approved completion of this regional trail in the adopted Parks
and Recreation Policy Plan; and
WHEREAS, $750,000 for natural areas was previously appropriated in Ordinance No.
90, 2013, leaving $1,250,000 for other projects including the $1,000,000 to be appropriated with
this ordinance into the Capital Projects Fund Trail Acquisition and Development - Special Funds
Project; and
WHEREAS, Article V, Section 9, of the City Charter permits 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 all unanticipated Public
Service Company revenue, as described herein, will not result in total appropriations in excess
of the current estimate of actual and anticipated revenues for fiscal year 2013.
WHEREAS, Article V, Section 10(b), of the City Charter authorizes the City Council to
transfer by ordinance any unexpended 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:
- 2 -
Section 1. That there is hereby appropriated for expenditure from unanticipated
revenue in the Capital Projects Fund the sum of ONE MILLION DOLLARS ($1,000,000) for the
Trail Acquisition and Development - Special Funds Project.
Section 2. That the unexpended appropriated amount of TEN SEVEN THOUSAND
EIGHT HUNDRED DOLLARS ($7,80010,000) in the Capital Projects Fund - Trail Acquisition
and Development - Special Funds Project is hereby authorized for transfer to the Cultural
Services and Facilities Fund - Art in Public Places Project and appropriated therein for the Art
Project in Public Places Program.
Section 3. That the unexpended appropriated amount of TWO THOUSAND TWO
HUNDRED DOLLARS ($2,200) in the Capital Projects Fund - Trail Acquisition and
Development - Special Funds Project is hereby authorized for transfer to the Cultural Services
and Facilities Fund and appropriated therein for the Art in Public Places Program Maintenance
and Operations.
Introduced, considered favorably on first reading, and ordered published this 15th day of
October, A.D. 2013, and to be presented for final passage on the 5th day of November, A.D.
2013.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 5th day of November, A.D. 2013.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk