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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 10/02/2018 - SECOND READING OF ORDINANCE NO. 118, 2018, APPROPRAgenda Item 2 Item # 2 Page 1 AGENDA ITEM SUMMARY October 2, 2018 City Council STAFF Darren Moritz, Pavement Management Program Manager Chris Van Hall, Legal SUBJECT Second Reading of Ordinance No. 118, 2018, Appropriating Unanticipated Revenue in the Transportation Fund Work for Others Program for the Fossil Creek Meadows Asphalt Paving Project. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on September 18, 2018, appropriates funds from the Fossil Creek Meadows Homeowner’s Association (the “HOA”) into the “Work for Others” program so that City Streets crews can perform asphalt paving services for Fossil Creek Meadow streets that were annexed into the City in 2010. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, September 18, 2018 (w/o attachments) (PDF) 2. Ordinance No. 118, 2018 (PDF) Agenda Item 5 Item # 5 Page 1 AGENDA ITEM SUMMARY September 18, 2018 City Council STAFF Darren Moritz, Pavement Management Program Manager Chris Van Hall, Legal SUBJECT First Reading of Ordinance No. 118, 2018, Appropriating Unanticipated Revenue in the Transportation Fund Work for Others Program for the Fossil Creek Meadows Asphalt Paving Project. EXECUTIVE SUMMARY The purpose of this item is to appropriate funds from the Fossil Creek Meadows Homeowner’s Association (the “HOA”) into the “Work for Others” program so that City Streets crews can perform asphalt paving services for Fossil Creek Meadow streets that were annexed into the City in 2010. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. BACKGROUND / DISCUSSION Fossil Creek Meadows’ streets were annexed into the City from Larimer County in 2010 as part of Phase 3 of the Southwest Enclave Annexation. This includes the areas north and south of Fossil Creek Parkway, east of College Avenue (Attachment 1). With annexation of these streets, the City is responsible for providing only “limited maintenance” which does not include asphalt overlay of roadways. Chip seals are an asphalt surface treatment that meets the requirements of limited maintenance as provided by the County prior to annexation. The Fossil Creek Meadows HOA has worked collaboratively with the City’s Street Maintenance Program to find a way to upgrade the proposed chip seal treatment to an asphalt overlay. The HOA has agreed to provide the additional funding required for an asphalt overlay and the City has agreed to contribute the amount required for the originally planned chip seal. The total cost for the asphalt overlay is $745,000. The project will include a $400,000 contribution from the HOA (proposed to be appropriated with this Council action) and $345,000 from the Street Maintenance Program (previously appropriated). The streets within Fossil Creek Meadows are in poor condition and asphalt overlays are the recommended treatment. Once the asphalt overlays are completed, the City will continue to provide limited maintenance. Upon approval of an agreement between the City and the Fossil Creek Meadows HOA, the work is anticipated to occur in the fall of 2018. If weather prohibits completing the project in 2018, staff may have to bring this back to Council in the 2019 fiscal year. If Council approves this appropriation, the City Manager will negotiate and execute an agreement with the HOA to effectuate the asphalt overlay work. CITY FINANCIAL IMPACTS Appropriation of these funds will allow the Streets department to spend an additional $400,000 out of the Transportation Fund Work for Others program to complete asphalt overlays on the Fossil Creek Meadows streets in lieu of the chip seal. The previously appropriated amount of $345,000 for chip seal will be used in conjunction with the revenue received from the HOA to complete the project for a total estimated cost of $745,000. The HOA ATTACHMENT 1 Agenda Item 5 Item # 5 Page 2 will be responsible for paying up to $400,000 to cover the upgrade from chip seal to asphalt overlays. The City will only charge the HOA for the actual costs incurred above $345,000. PUBLIC OUTREACH Staff has attended HOA meetings and had numerous discussions with Fossil Creek Meadows HOA representatives. ATTACHMENTS 1. Fossil Creek Meadows Asphalt Overlay Map (PDF) -1- ORDINANCE NO. 118, 2018 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED REVENUE IN THE TRANSPORTATION FUND WORK FOR OTHERS PROGRAM FOR THE FOSSIL CREEK MEADOWS ASPHALT PAVING PROJECT WHEREAS, the City annexed the neighborhood known as Fossil Creek Meadows from Larimer County in 2010 as part of Phase 3 of the Southwest Enclave Annexation; and WHEREAS, pursuant to City Code Section 24-97, the City is obligated to maintain and upgrade the streets within Fossil Creek Meadows in accordance with the Larimer County Urban Area Street Standards, which would require only limited maintenance such as chip seals on existing asphalt surface; and WHEREAS, the streets within Fossil Creek Meadows are deteriorated and in need of a new asphalt overlay, which maintenance service is not included in the City’s limited maintenance obligations under City Code Section 24-97; and WHEREAS, the City is currently scheduled to perform chip seal maintenance on the existing streets located in Fossil Creek Meadows in 2018, which maintenance would not be effective given the current condition of the streets; and WHEREAS, the Fossil Creek Meadows Home Owner’s Association (the “HOA”) has requested that the City provide the amount required for the originally planned chip seal to the streets within Fossil Creek Meadows, which is approximately $345,000, towards a new asphalt overlay and the HOA will contribute the remaining $400,000 towards the overlay, which overlay work will be performed by City personnel and is currently estimated to cost $745,000; and WHEREAS, the City’s obligation for the streets within Fossil Creek Meadows will continue to be governed pursuant to City Code Section 24-97 after the overlay work and the City is not taking on any additional maintenance obligations with respect to the streets within Fossil Creek Meadows; and WHEREAS, after approval of this appropriation, the City Manager will negotiate and execute an agreement with the HOA to effectuate the asphalt overlay work; and WHEREAS, this appropriation benefits public health, safety and welfare of the citizens of Fort Collins and serves the public purpose of improving the condition of street infrastructure located within the City; 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 -2- WHEREAS, the City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated from the Transportation Work for Others Fund and will not cause the total amount appropriated in the Transportation Work for Others 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 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 unanticipated revenue in the Transportation Fund Work for Others Program the sum of FOUR HUNDRED THOUSAND DOLLARS ($400,000) for the Fossil Creek Meadows Asphalt Paving Project and appropriated therein. Introduced, considered favorably on first reading, and ordered published this 18th day of September, A.D. 2018, and to be presented for final passage on the 2nd day of October, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 2nd day of October, A.D. 2018. __________________________________ Mayor ATTEST: _______________________________ City Clerk