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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 08/16/2016 - FIRST READING OF ORDINANCE NO. 100, 2016, APPROPRIAgenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY August 16, 2016 City Council STAFF Jon Haukaas, Water Engr Field Operations Mgr Lance Smith, Strategic Financial Planning Manager SUBJECT First Reading of Ordinance No. 100, 2016, Appropriating Prior Year Reserves in the Storm Drainage Fund to Construct the Fort Collins/Timnath Boxelder Creek Flood Mitigation Projects and Transferring Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program. EXECUTIVE SUMMARY The purpose of this item is to appropriate $979,700 from Prior Year Reserves in the Storm Drainage Fund to cover increased project costs due to a number of additional project scope changes necessary to complete the Boxelder Creek Outfall project as it crosses Prospect Road. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION In 2009, the City of Fort Collins and the Town of Timnath entered into an intergovernmental agreement regarding various issues, including stormwater and floodplain issues (Timnath IGA). The Timnath IGA has been amended various times. Ordinance No. 047, 2014, approved the sixth amendment to the Timnath IGA which, among other things, addressed the Boxelder Creek Flood Mitigation Projects and how costs would be shared. Ordinance No. 090, 2014, appropriated funds to design and construct the Boxelder Creek Flood Mitigation Projects. The original estimate for the projects was $4,000,000, which Fort Collins and Timnath have agreed to share equally. The Timnath IGA anticipated that additional funds may be needed due to the preliminary nature of the design and the timing of the projects to be constructed in a future year. Fort Collins is the lead and provider of the engineering and project management service for the projects. Fort Collins thus must appropriate the funds in order to execute the contracts. Timnath will provide reimbursement of shared costs after completion. The expenses totaling $979,700 for which additional funding is being requested have been identified since the inception of this project as described below: Boxelder Creek Cleanout-$175,000 In order to obtain a Canal Crossing Agreement with the Lake Canal Company for the Boxelder Creek Siphon, as well as other agreements required for flood control improvements to the north, Lake Canal Company required Utilities Department to dredge/cleanout Boxelder Creek between Mulberry Street and their diversion structure on the on Boxelder Creek near I-25. Agenda Item 12 Item # 12 Page 2 Boxelder Creek Siphon-$104,000 In order to obtain a Canal Crossing Agreement with the Lake Canal Company for the Boxelder Creek Siphon, the company required several design features that were not anticipated in the original cost estimate. These features include a debris sump with two manual gates in the upstream inlet structure, and a Parshall Flume with a manual gate to measure augmentation releases to Boxelder Creek. Additional Required Prospect Road Improvements-$98,000 The original Prospect Road rehabilitation requirements were to patch Prospect for 115 feet over the new Flood Overflow Channel box culverts. When the Boxelder Creek Bridge Replacement by Engineering Department became part of the project there was a complete redesign of Prospect Road between and including both projects. Additional requirements include additional paving for a total of 370 feet on Prospect Road, construction of the Glanz property approach, and the construction of a one foot vertical curve over the overflow channel culverts. Concrete Toe-Walls, Wing-Walls, Parapet-Walls, and Epoxy Coated Rebar-$53,000 During the design process the tow-walls, wing-walls, and parapet-walls for the box culvert crossing needed to be increased in size to accommodate the additional loading of the improved Prospect Road design. Three additional cost increases associated with this work were as follows: The cost of concrete has increased from when the project was estimated in 2013 from $95/cubic yard to $115/cubic yard. Aggregate costs increased from $18/ton to $27/ton. The Colorado Department of Transportation required an upgrade to epoxy coated rebar at a cost of $9,000. Additional Greeley Waterline Relocation Requirements-$130,000 In order to get approvals from Greeley Water Department to relocate its 27-inch and 30-inch water transmission mains under the new flood control box culverts and overflow channel, it required additional relocation pipe lengths, very strict testing and disinfection regiments, additional air valve manholes, and additional cathodic protection with test stations. Underdrain to Eliminate State Augmentation Requirements-$44,000 Late in the design process it was discovered that an underdrain was required in the overflow channel to eliminate evaporation losses from standing groundwater and the requirement to provide augmentation water to compensate for these losses. Urban Design Features-$366,000 When Utilities partnered with the Engineering Department to construct both projects under one road closure the requirement was placed on Utilities to include urban design features on the overflow channel parapet walls and sidewalks to match the features on the new Boxelder Creek Bridge and the future Prospect Road/I-25 interchange. These urban design features include, but are not limited to, stone facades and stone caps at columns and walls, railings at parapet walls, structural coating, and sandblasting and staining of stone facades, caps, and sidewalks. Contribution to Art in Public Places-$9,700 These additional costs require an additional 1% contribution to the Art in Public Places Fund. The stormwater utility has not yet reached the cap on its annual Art in Public Places contributions for 2016 (each utility’s contributions are capped at .5% of its annual budgeted operating revenues). Agenda Item 12 Item # 12 Page 3 CITY FINANCIAL IMPACTS The Storm Drainage Fund Reserve currently has a balance of approximately $4.1 million. Approximately $2 million is proposed to be used in the 2017-2018 BFO process. Additionally, as of July operating revenues in the Storm Drainage Fund are 7.4% over budget, or $628K. At the current rate it is estimated operating revenues will be $1-$1.5 million over budget for the year. BOARD / COMMISSION RECOMMENDATION This project has been presented to the Water Board many times over the past several years. Initially in the Master Planning phases and more recently in the final design and construction update phases. The Water Board continues to support the project. -1- ORDINANCE NO. 100, 2016 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES IN THE STORM DRAINAGE FUND TO CONSTRUCT THE FORT COLLINS/TIMNATH BOXELDER CREEK FLOOD MITIGATION PROJECTS AND TRANSFERRING APPROPRIATIONS TO THE CULTURAL SERVICES AND FACILITIES FUND FOR THE ART IN PUBLIC PLACES PROGRAM WHEREAS, in 2009 the City and the Town of Timnath (“Timnath”) entered into an intergovernmental agreement (“IGA”) regarding certain stormwater and floodplain issues; and WHEREAS, the IGA has been amended various times, including by a sixth amendment, approved by Ordinance No. 047, 2014 (“Sixth Amendment”); and WHEREAS, the Sixth Amendment identifies the scope and locations of the Boxelder Creek Flood Mitigation Projects (“Projects”); and WHEREAS, at that time of the Sixth Amendment, the cost of the Projects was estimated to be $4,000,000, which amount Fort Collins and Timnath have agreed to share equally in order to complete the Projects; and WHEREAS, the Sixth Amendment anticipated that additional funds may be needed due to the preliminary nature of the design and the timing of the Projects to be constructed in future years; and WHEREAS, the actual costs of the Projects has been greater than originally estimated dues to a number of causes; and WHEREAS, Fort Collins, as lead and provider of the engineering and project management service for the Projects, must appropriate the funds in order to execute the contracts for the Projects; and WHEREAS, Timnath will provide reimbursement of shared costs after completion of the Projects pursuant to the Sixth Amendment; and WHEREAS, Fort Collins Utilities is requesting an appropriation of $979,700 from the Storm Drainage Fund Reserves to cover increased costs of the Projects; and WHEREAS, of the total $979,700 requested appropriation, $9,700 represents the amount to be appropriated in the Art in Public Place (“APP”) project for the Storm Drainage Fund, and of that $9,700 amount, $2,134 (22%) will be transferred to the Cultural Services and Facilities Fund for the maintenance of the artwork and operations of the APP program; 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 -2- available from reserves accumulated in prior years, notwithstanding that such reserves were not previously appropriated; and WHEREAS, Article V, Section 10, of the City Charter authorizes the City Council to transfer by ordinance any unexpended and unencumbered appropriated amount or portion thereof from one fund (project) to another fund (project), 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 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 Storm Drainage Fund the sum of NINE HUNDRED SEVENTY-NINE THOUSAND SEVEN HUNDRED DOLLARS ($979,700) as follows: Boxelder Creek Crossing of Prospect Road Project $970,000 Art in Public Places Project 9,700 TOTAL $979,700 Section 3. That the unexpended appropriated amount of TWO THOUSAND ONE HUNDRED THIRTY-FOUR DOLLARS ($2,134) is authorized for transfer to the Art in Public Places Projects from the Storm Drainage Fund 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 16th day of August, A.D. 2016, and to be presented for final passage on the 6th day of September, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk -3- Passed and adopted on final reading on the 6th day of September, A.D. 2016. __________________________________ Mayor ATTEST: _______________________________ City Clerk