HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/07/2017 - FIRST READING OF ORDINANCE NO. 039, 2017, APPROPRIAgenda Item 13
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AGENDA ITEM SUMMARY March 7, 2017
City Council
STAFF
Mark Jackson, PDT Deputy Director
SUBJECT
First Reading of Ordinance No. 039, 2017, Appropriating Prior Year Reserves in the Transportation Fund for
Regional Contribution to Larimer County for North I-25 Improvements.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate Transportation Reserve funds in the amount of $445,947, to be
remitted to Larimer County as part of an annual regional contribution of local matching funds for the Colorado
Department of Transportation’s (CDOT) North I-25 Improvements Project. With Resolution 2016-077, adopted
on October 4, 2016, Council authorized the Mayor to enter into an intergovernmental agreement (IGA) with
Larimer County and participating local agencies, including the City, to contribute local matching funds for this
purpose. This is the first of five annual installments of these payments to Larimer County under the IGA. Local
matching fund commitments accelerate the improvements to I-25 in Northern Colorado.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
Council adopted Resolution 2015-100 (Attachment 1) on November 17, 2015, stating its support for a Larimer
County proposal to use increased County mill levy funds as a method to facilitate funding for Interstate 25 (I-
25) improvements. Larimer County proposed to temporarily reapportion part of its General Fund mill levy funds
to the County’s Road and Bridge Fund for a period of five years. These reapportioned funds are estimated to
generate a total of $10 million over the course of the five year period. The increase in the County Road and
Bridge Mill Levy revenues received by the City and the other municipalities will be available to fund
construction of roads and streets within their boundaries. The County proposed using these contributions as a
local match for improvements on the I-25 Corridor within Larimer County. All eight Larimer County
municipalities adopted resolutions supporting the proposal.
Council adopted Resolution 2016-077 (Attachment 2) on October 4, 2016, authorizing the Mayor to enter into
an IGA with Larimer County and other local agencies for the purpose of providing local funds to Larimer
County to be contributed to the North I-25 Corridor Improvements Project as described above. This regional
collaboration and agreement will result in $10 million of matching funds to help accelerate the project. The IGA
was fully executed on December 27, 2016 (Attachment 3). Fort Collins’ total contribution to this five year
funding commitment is $2,229,735. Fort Collins’ annual share of funds is $445,947 in each of the five years.
This appropriation request authorizes fulfillment of the first annual payment per the IGA.
The North I-25 Improvements project will begin construction in late 2017 and is scheduled to be completed by
December 2020. The $237 million project is funded using federal, state and local dollars. The project
boundaries are State Highway 14 (Mulberry Road) on the north and State Highway 402 in Loveland to the
south. It will add a third managed lane in each direction, make key improvements to bridges, connect the
regional bicycle/pedestrian trail under I-25, and provide an additional park and ride with bus slip ramps at
Kendall Parkway in Loveland. Improvements will help ease congestion, provide additional multi-modal capacity
Agenda Item 13
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for auto and bus traffic, make key bicycle/pedestrian trail linkages, and improve safety and stormwater issues.
(Attachment 4)
CITY FINANCIAL IMPACTS
Larimer County’s proposal does not modify the total mill levy, and does not decrease the amount of Road and
Bridge Levy funds currently received by the City of Fort Collins. Creation of a source of local match funding is
advantageous in order to take advantage of funding partnerships and grant opportunities that may arise to help
improve the I-25 corridor. This contribution, combined with additional commitments from regional agencies and
private development, results in $25 million identified and committed for local match. This regional collaboration
and commitment helped accelerate the schedule for I-25 improvements in Northern Colorado by fifteen years.
The City of Fort Collins’ Transportation Reserve Fund estimated balance at year end 2016 is $12.5 million. Of
those funds, approximately $6 million are undesignated and can be used for unforeseen needs. The local
share amount of Larimer County Road & Bridge Levy funds received by Fort Collins in 2016 was $1.05 million,
an increase of $500,000 over the amount received in 2015.
BOARD / COMMISSION RECOMMENDATION
Staff presented information related to the IGA with Larimer County as well as overall North I-25 Improvements
Project updates to the Transportation Board at their February and November 2016 meetings. Board response
was positive and supportive.
PUBLIC OUTREACH
The Colorado Department of Transportation (CDOT) held numerous open house meetings and provided
project information for many years about I-25 improvements, including the I-25 Environmental Impact
Statement (2011), and more recent improvements including the I-25/SH-392 interchange, Berthoud Hill
Climbing Lane project and Crossroad Boulevard Bridge Improvement project. City of Fort Collins has been an
active partner in CDOT efforts impacting Fort Collins.
ATTACHMENTS
1. Resolution 2015-100 (PDF)
2. Resolution 2016-077 (PDF)
3. North I-25 Funding IGA, December 27, 2016 (PDF)
4. I-25 Project Fact Sheet (PDF)
ATTACHMENT 1
ATTACHMENT 2
Page 1 of 15
INTERGOVERNMENTAL AGREEMENT FOR FUNDING
I-25 IMPROVEMENTS
This Intergovernmental Agreement for Funding I-25 Improvements (“Agreement”) is
made and effective on ____________________, 2016, by and among the Board of County
Commissioners of Larimer County, Colorado (referred to as “County”), and the City of Fort
Collins, Colorado, the City of Loveland, Colorado, the Town of Estes Park, Colorado, the Town
of Timnath, Colorado, the Town of Berthoud, Colorado, the Town of Windsor, Colorado, the
Town of Wellington, Colorado, and the Town of Johnstown, Colorado (individually referred to
as “Municipality” or collectively as “Municipalities”). (The County and Municipalities will
jointly be referred to as the “Parties.”)
I. RECITALS
A. Interstate 25 (“I-25”) serves as the primary north-south highway connection for
Northern Colorado, including the County and the Municipalities.
B. I-25 is the primary roadway route for regional connectivity to commerce, health
care, education and employment.
C. I-25 is designated as a federal freight route.
D. I-25 in Northern Colorado is considered significantly congested such that traffic
flow is impaired and quality of life is adversely affected.
E. The Colorado Department of Transportation (“CDOT”) completed an
Environmental Impact Statement in August 2011 that identified and evaluated multi-modal
transportation improvements along approximately 60 miles of the I-25 corridor from the Fort
Collins/Wellington area to Denver. The Statement identified areas of I-25 and associated
structures such as bridges that needed to be expanded and/or improved.
F. CDOT has proposed to expand I-25 from two lanes (north and south) to three
lanes (north and south) for approximately fourteen miles between State Highway14 and State
Highway 402, replace the Cache la Poudre Bridge and the Union Pacific Railroad Bridge north
of State Highway 34, expand the Kendall Parkway Crossing under I-25 and expand the Bridge
over the Big Thompson River and the Bridge over the Great Western Railway to accommodate a
third travel lane (collectively “Project”).
G. Funding for the Project is proposed to include contributions from government at
federal, state, county, and municipal levels and other sources.
H. Increased property values for Larimer County property owners in 2015 have
provided an opportunity to increase the County Road and Bridge Mill Levy within the County’s
total Mill Levy commencing in 2016 and for a period of four years thereafter by an estimated
EXHIBIT A
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amount sufficient to generate an additional $2 million annually without detriment to other
County programs, without decreasing the amount shared back to the Municipalities in 2015
pursuant to C.R,S. §43-2-202(2) (the “2015 Share Back”), and without increasing the total
County Mill Levy.
I. The increased County Road and Bridge Mill Levy is projected to generate
approximately $10 million in excess of the 2015 Share Back (the “Increased Municipal Share
Back”) over five years commencing with calendar year 2016 for CDOT’s use on the Project.
J. The Municipalities have each adopted Resolutions expressing their willingness to
contribute funds to County annually for five years for CDOT’s use on the Project subject to the
terms of this Agreement.
K. County and Municipalities are authorized pursuant to Article XIV, Section 18 of
the Colorado Constitution and Section 29-1-201, et seq., Colorado Revised Statutes, to enter
into intergovernmental agreements for the purpose of providing any service or performing any
function which they can perform individually.
II. CONSIDERATION
NOW, THEREFORE, in consideration of the covenants and obligations herein expressed,
the County and Municipalities agree as follows.
III. TERMS AND CONDITIONS
1. Commencing in calendar year 2017 and continuing for calendar years 2018, 2019,
2020 and 2021, each Municipality shall pay to County from such Municipality’s general fund or
such other fund as such Municipality may designate, an annual contribution in an amount equal
to that portion of the Increased Municipal Share Back paid by the County to each Municipality
pursuant to C.R.S. §43-2-202 (2) (“Municipality Contribution”) to be used as a portion of the
“local match” for the Project, subject to the terms set forth in this Agreement.
2. County shall notify (“Notification”) each Municipality in writing no later than
January 31 in calendar years 2017, 2018, 2019, 2020, and 2021 the total amount of the Increased
Municipal Share Back” received by such Municipality during the previous calendar year.
3. Within 30 days after receipt of the Notification, each Municipality shall give
written notice to the County stating whether or not such Municipality has budgeted and
appropriated funds for the current calendar year to make its annual Municipality Contribution as
set forth in Paragraph 1 above.
4. Provided the Municipality has budgeted and appropriated funds, such
Municipality shall pay its Municipality Contribution to County within 60 days following such
Municipality’s receipt from County of its Notification.
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5. County shall contribute an amount equal to the County’s share of the County
Road and Bridge Mill Levy revenues received pursuant to C.R.S. §43-2-202(2) attributable to
the increase in the County Road and Bridge Mill Levy specified in Recital H above (“County
Contribution). No later than February 28 in calendar years 2017, 2018, 2019, 2020 and 2021,
County shall give written notice to each Municipality affirming that County has (or has not)
budgeted and appropriated funds for the current calendar year to make its annual County
Contribution.
6. County shall deposit the County Contribution and the Municipality Contributions
into a separately identifiable account (“Contributions Fund”) and shall maintain records as to
such account sufficient to identify all deposits and withdrawals from such account.
7. County is authorized to pay to CDOT funds in the Contributions Fund for
CDOT’s use in the Project pursuant to an intergovernmental agreement to be executed between
County and CDOT.
8. County shall maintain accurate accounts of any and all amounts paid to CDOT
from the Contributions Fund. County shall provide to Municipalities information detailing
Project payments to CDOT from the Contributions Fund.
9. If County or a majority of Municipalities, after consultation with the other Parties,
determines all or any part of the Project is not feasible due to inadequacy of funds or other
impediments, and provided amounts remain in the Contributions Fund, County shall so notify
Municipalities in writing. Within 90 days after such notification,
a. County shall make a payment to County and to each Municipality of any
amount remaining in the Contributions Fund attributable to County and such Municipality’s
respective percentage contribution ,
OR,
b. In lieu of such payment, the Parties may agree in writing to an alternative
use of the Contribution Funds, provided such alternative use benefits roads or transportation
systems located within the jurisdiction(s) of the Parties so agreeing.
10. Any notice or other communication given by any party to another relating to this
Agreement must be hand-delivered or sent by registered or certified mail, return receipt
requested, or by overnight commercial courier, addressed to such other party at its respective
addresses set forth in Exhibit “A” attached hereto and such notice or other communication will
be deemed given when so hand-delivered or three (3) business days after so mailed, or the next
business day after being deposited with an overnight commercial courier.
11. The obligations of the County and Municipalities to commit or expend funds after
calendar year 2016 are subject to and conditioned on the annual appropriation of funds sufficient
and intended to carry out said obligations by the respective governing bodies of County and
Municipalities in their sole discretion.
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12. This Agreement is to be construed according to its fair meaning and as if prepared
by all parties hereto and is deemed to be and contain the entire understanding and agreement
between the parties hereto. There shall be deemed to be no other terms, conditions, promises,
understandings, statements, or representations, expressed or implied, concerning this Agreement
unless set forth in writing and signed by the Parties hereto.
13. This Agreement cannot be modified except in writing signed by all Parties.
14. This Agreement will be governed by and its terms construed under the laws of the
State of Colorado. Venue for any action shall be in Larimer County, State of Colorado.
15. Nothing contained herein is deemed or should be construed by the Parties or by
any third party as creating the relationship of principle and agent, a partnership or a joint venture
between the Parties, or an employment relationship between the Parties.
16. This Agreement is made for the sole and exclusive benefit of County and
Municipalities, their successors and assigns, and it is not made for the benefit of any third party.
17. If any term or condition of this Agreement is held to be invalid by final judgment
of any court of competent jurisdiction, the invalidity of such a term or condition, will not in any
way affect any of the other terms or conditions of this Agreement, provided that the invalidity of
any such term or condition does not materially prejudice any Party in their respective rights and
obligations under the valid terms and conditions of this Agreement.
18. No party will be deemed in violation of this Agreement if prevented from
performing any of its respective obligations hereunder by reason of strikes, boycotts, labor
disputes, embargoes, shortage of energy or materials, acts of God, acts of public enemies, acts of
superior governmental authorities, weather conditions, rights, rebellions, sabotage, or any other
circumstances for which it is not responsible or that are not within its control.
19. This Agreement may be signed by the Parties in counterpart.
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BOARD OF COUNTY COMMISSIONERS OF
LARIMER COUNTY, COLORADO
By: _____________________________________
Title: ____________________________________
ATTEST:
___________________________________
Approved as to form:
___________________________________
County Attorney
Jshdocs/county/Agreement for funding I-25 improvements Final
Page 6 of 15
CITY OF FORT COLLINS, COLORADO
By: _____________________________________
Title: _____________________________________
ATTEST:
___________________________________
Approved as to form:
___________________________________
City Attorney
Page 7 of 15
CITY OF LOVELAND, COLORADO
By: _____________________________________
Title: _____________________________________
ATTEST:
___________________________________
Approved as to form:
___________________________________
City Attorney
Page 8 of 15
TOWN OF ESTES PARK
By: _____________________________________
Title: _____________________________________
ATTEST:
___________________________________
Approved as to form:
___________________________________
Town Attorney
Page 9 of 15
TOWN OF TIMNATH, COLORADO
By: _____________________________________
Title: _____________________________________
ATTEST:
___________________________________
Approved as to form:
___________________________________
Town Attorney
Page 10 of 15
TOWN OF BERTHOUD, COLORADO
By: _____________________________________
Title: _____________________________________
ATTEST:
___________________________________
Approved as to form:
___________________________________
Town Attorney
Page 11 of 15
TOWN OF WINDSOR, COLORADO
By: _____________________________________
Title: _____________________________________
ATTEST:
___________________________________
Approved as to form:
___________________________________
Town Attorney
Page 12 of 15
TOWN OF WELLINGTON, COLORADO
By: _____________________________________
Title: _____________________________________
ATTEST:
___________________________________
Approved as to form:
___________________________________
Town Attorney
Page 13 of 15
TOWN OF JOHNSTOWN, COLORADO
By: _____________________________________
Title: _____________________________________
ATTEST:
___________________________________
Approved as to form:
___________________________________
Town Attorney
Page 14 of 15
EXHIBIT “A”
To County:
County Manager
Larimer County, Colorado
P.O. Box 1190
Fort Collins, CO 80522
To Fort Collins:
City Manager
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
With copy to:
City Attorney
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
To Loveland:
City Manager
City of Loveland
500 East 3rd Street, Suite 330
Loveland, CO 80537
With copy to:
City Attorney
City of Loveland
500 East 3rd Street, Suite 330
Loveland, CO 80537
To Estes Park:
Town Administrator
P.O. Box 1200
Estes Park, CO 80517
To Timnath:
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Town Manager
4800 Goodman Street
Timnath, CO 80547
To Berthoud:
Town Administrator
P.O. Box 1229
Berthoud, CO 80513
To Windsor:
Town Manager
301 Walnut Street
Windsor, CO 80550
To Wellington:
The Town of Wellington
3735 Cleveland Avenue
P.O. Box 127
Wellington, CO 80549
With copy to:
March, Olive and Pharris, LLC
Attn: Brad March
1312 S. College Ave.
Fort Collins, CO 80524
To Johnstown:
Town Manager
450 S. Parish Ave.
Johnstown, CO 80534
"UUBDINFOU
ATTACHMENT 3
"UUBDINFOU
ATTACHMENT 4
-1-
ORDINANCE NO. 039, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE
TRANSPORTATION FUND FOR REGIONAL CONTRIBUTION
TO LARIMER COUNTY FOR NORTH I-25 IMPROVEMENTS
WHEREAS, on November 17, 2015, City Council passed Resolution 2015-100 stating its
support for a Larimer County proposal to use increased County mill levy funds as a method to
facilitate funding for Interstate 25 (I-25) improvements; and
WHEREAS, on October 4, 2016, City Council passed Resolution 2016-077 authorizing
the Mayor to enter into an Intergovernmental Agreement with Larimer County (the “IGA”) and
other local agencies for the purpose of providing local funds to Larimer County to be used as a
contribution to the North I-25 Corridor Improvements Project; and
WHEREAS, the IGA was signed by the parties and dated December 27, 2016; and
WHEREAS, the $237 million North I-25 Improvements project will begin construction in
late 2017 and is scheduled to be completed by December 2020; and
WHEREAS, the project boundaries are State Highway 14 (Mulberry Road) on the north
and State Highway 402 in Loveland to the south and the project will add a third managed lane in
each direction, make key improvements to bridges, connect the regional bicycle/pedestrian trail
under I-25, and provide an additional park and ride with bus slip ramps at Kendall Parkway in
Loveland; and
WHEREAS, the purpose of this item is to appropriate Transportation Fund reserves in the
amount of $445,947 to be remitted to Larimer County as part of an annual (five year) regional
contribution of local matching funds under the IGA for CDOT’s North I-25 Improvements
Project; and
WHEREAS, this is the first of five annual payments to Larimer County under the IGA,
with a total funding commitment from the City of $2,229,735; and
WHEREAS, Fort Collins received approximately $1.05 million in 2016 from the Larimer
County Road and Bridge Fund representing an incremental increase in revenue from increased
property valuations of approximately $500,000.00 for 2016; and
WHEREAS, the increase in the City’s share of the County Road and Bridge Mill Levy
revenues will be utilized to fund construction of roads and streets within its corporate boundaries
in accordance with C.R.S. §43-2-202(4), making other funds available from the City’s
Transportation Fund reserves for contribution to the Project; and
WHEREAS, Article V, Section 9 of the City Charter permits the City Council to
appropriate 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
-2-
WHEREAS, City staff have determined that the appropriations as described herein are
available and previously unappropriated in the Transportation Fund; and
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 for expenditure from prior year reserves
in the Transportation Fund the sum of FOUR HUNDRED FORTY-FIVE THOUSAND NINE
HUNDRED FORTY-SEVEN DOLLARS ($445,947) for regional contribution to Larimer
County under the IGA for North I-25 Improvements.
Introduced, considered favorably on first reading, and ordered published this 7th day of
March, A.D. 2017, and to be presented for final passage on the 21st day of March, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk
Passed and adopted on final reading on the 21st day of March, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk