HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/04/2019 - SECOND READING OF ORDINANCE NO. 074, 2019, MAKINGAgenda Item 9
Item # 9 Page 1
AGENDA ITEM SUMMARY June 4, 2019
City Council
STAFF
Timothy Kemp, Civil Engineer III
Chad Crager, Director of Infrastructure Services
Chris Van Hall, Legal
SUBJECT
Second Reading of Ordinance No. 074, 2019, Making Appropriations and Authorizing Transfers of
Appropriations for the Lemay and Vine Intersection Improvements Project and Related Art in Public Places.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on May 21, 2019, appropriates $9.1M of
Transportation Capital Expansion Fee (TCEF) and Transportation Reserve Funds into the Capital Project Fund
for the Lemay and Vine Intersection Improvements Project. In addition, this item will authorize the transfer of
$91,000, one percent of the appropriated funds, from the Capital Project Fund to the Cultural Services and
Facilities Fund for Art in Public Places.
The overall project cost, including design, property acquisition, and construction, is estimated at $23.3M. The
City has previously appropriated $3.7M, and this appropriation would add $9.1M to the project. The remaining
funding needed for the project is $10.5M in 2019 dollars.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, May 21, 2019 (w/o attachments) (PDF)
2. Ordinance No. 074, 2019 (PDF)
Agenda Item 16
Item # 16 Page 1
AGENDA ITEM SUMMARY May 21, 2019
City Council
STAFF
Timothy Kemp, Civil Engineer III
Chad Crager, Director of Infrastructure Services
Chris Van Hall, Legal
SUBJECT
First Reading of Ordinance No. 074, 2019, Making Appropriations and Authorizing Transfers of Appropriations
for the Lemay and Vine Intersection Improvements Project and Related Art in Public Places.
EXECUTIVE SUMMARY
The purpose of this item is to appropriate $9.1M of Transportation Capital Expansion Fee (TCEF) and
Transportation Reserve Funds into the Capital Project Fund for the Lemay and Vine Intersection Improvements
Project. In addition, this item will authorize the transfer of $91,000, one percent of the appropriated funds, from
the Capital Project Fund to the Cultural Services and Facilities Fund for Art in Public Places.
The overall project cost, including design, property acquisition, and construction, is estimated at $23.3M. The
City has previously appropriated $3.7M, and this appropriation would add $9.1M to the project. The remaining
funding needed for the project is $10.5M in 2019 dollars.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
The Lemay Avenue realignment and intersection improvements have been prioritized as the City’s highest
priority Transportation Capital Improvement Project. The Lemay Avenue realignment and grade separation has
been on the City’s Master Street Plan for nearly 30 years and is a critical infrastructure improvement needed to
address existing transportation deficiencies, growth related impacts of new development, and neighborhood
livability. The existing intersection operations continue to degrade which has led to increased safety, congestion,
and access problems for local neighborhoods, railways, emergency services, and the traveling public. Unlike
most railroad crossings within Fort Collins, the existing Lemay Avenue and Vine Drive intersection is greatly
impacted due to the proximity of the BNSF and Great Western Railroad switching yard along Vine Drive.
Additionally, the existing intersection is severely congested with limited options to expand through lanes or turn
capacity due to the proximity to houses and driveways.
The Lemay and Vine Intersection Improvements Project will construct a new roadway (realigned Lemay Avenue)
from Lincoln Avenue to Conifer Street, and a new intersection slightly northeast of the existing Lemay Avenue
and Vine Drive intersection. The project will also contain a roadway bridge over the Burlington Northern Santa
Fe (BNSF) Railway and Vine Drive.
The construction of this project will alleviate existing deficiencies and provide a key infrastructure asset for growth
related impacts of new development in northeast Fort Collins. More specifically, this project will:
ATTACHMENT 1
Agenda Item 16
Item # 16 Page 2
Improve quality of life, equity, and neighborhood livability for Andersonville, Buckingham, and Alta Vista by
removing arterial traffic volumes off Ninth Street
Reduce accidents and congestion, and improve emergency services coverage by separating travel modes
from BNSF Railway switching operations
Improve air quality by reducing the emissions from idling vehicles, whereby aligning with the goals of the
Climate Action Plan
Provide multi-modal connectivity to the new Sugar Beet Park at the southwest corner of Vine and Lemay
The overall project cost, including design, property acquisition, and construction is estimated at $23.3M. The
project is being designed and constructed in phases, enabling the project to move forward as project funding
becomes available. Phase One advanced the project’s engineering design to 50%, placed fill dirt for the future
bridge, installed a box culvert to convey stormwater, and completed a majority of the property acquisitions
necessary to construct the improvements. This total cost to complete this work was $3.7M.
As this project will be adding growth-related vehicular and multimodal capacity to the transportation network, the
project is eligible to be partially funded using Transportation Capital Expansion Fee (TCEF) funds. This project
will be replacing an existing two-lane roadway with a new four-lane roadway; resulting in a net gain of two travel
lanes. These new travel lanes will address growth-related impacts by providing additional capacity and are
eligible to be funded by TCEF funds. Reconstruction of the existing two travel lanes is considered correction of
an existing deficiency and must be funded by other sources. To ensure funding proportionality, staff developed
a funding contribution model to assign funding responsibilities for TCEF, developer obligations, and other City
funding sources. Staff calculated the total TCEF contribution available for the project as $10.7M of which $1.8M
(2019 Dollars) will be reimbursed by future proximate development.
Approximately $1.6M of TCEF funds have been previously appropriated to the project as part of Phase One.
Appropriating an additional $9.1M in TCEF funds for Phase two enables the following:
Right-of-way purchases for realigned Lemay Avenue, south of Vine Drive; and the Buckingham Street
extension from Ninth Street to realigned Lemay
Complete the final design and begin construction
Complete dirt placement and install utilities along realigned Lemay Avenue
Obtain Public Utilities Commission (PUC) approval for the roadway bridge and complete a Construction and
Maintenance Agreement with BNSF
Staff anticipates the efficiencies gained through initiating the above items in 2019 will reduce the overall project
duration by one year. Reducing the project’s overall time frame will also result in cost savings for the project.
Per City Code Section 24-304, all appropriations for construction projects estimated to cost over $250,000 shall
include an amount equal to one percent of the estimated cost for works of art. The total Art in Public Places
funds to be appropriated is $91,000. This item will transfer $70,980 of the TCEF appropriations to the Art in
Public Places Program. Staff has identified the Transportation Reserves as a means to provide the additional
$20,020 needed to provide long-term maintenance for the art.
CITY FINANCIAL IMPACTS
This action will appropriate $9.1M into the Capital Project Fund for the Lemay and Vine Intersection
Improvements Project and transfer $91,000 from the Capital Project Fund to the Cultural Services and Facilities
Fund for the Art in Public Places Program.
The following is a summary of funds to be appropriated with this action:
Agenda Item 16
Item # 16 Page 3
Prior Appropriated Funds
2015 / 2016 BFO Process (Keep Fort Collins Great) $1,050,000
2017 / 2018 BFO Process (General Fund Reserves) $1,000,000
Transportation Capital Expansion Fee Funds $1,644,723
Total Prior Appropriations (Phase I) $3,694,723
Funds to be Appropriated with this Action (Phase II)
Transportation Capital Expansion Fee Funds Reserves $9,079,980
Transportation Reserves $20,020
Total Funds to be Appropriated with this Action $9,100,000
Total Current Project Budget $12,794,723
Transfer to Art in Public Places $91,000
The overall project cost, including design, property acquisition, and construction, is estimated at $23.3M, leaving
an overall shortage of $10.5M in 2019 dollars.
BOARD / COMMISSION RECOMMENDATION
Staff has presented to various Boards and Commissions over the course of the project, including presentations
to the Transportation Board, the Futures Committee, the Council Finance Committee, and at Council Work
Sessions. At the April 15, 2019 Council Finance Committee (CFC) meeting, unanimous support was given for
bringing this appropriation to the full Council. Draft CFC meeting minutes specific to this item are attached.
PUBLIC OUTREACH
Staff has given many formal presentations and provided project information at City sponsored events. Staff
designed the outreach to encourage public participation and collect feedback. Staff is actively addressing
community questions and working with nearby residents, business owners, landowners, and proposed
development projects.
Summary of Public Engagement to Date:
February 2016 - Public Open House (Streets Facility) 122 people signed in for the event
August 2016 - Lincoln Neighborhood Ice Cream Social
November 2016 - Presentation to Alta Vista residents
September 2017 - Open House event for Alta Vista, Andersonville, and Buckingham residents at the
Legacy Church (Ninth Street and San Cristo Street)
December 2017 and March 2018 - Fort Collins Area Chamber of Commerce
February 2018 - Fort Collins Sertoma Club
March 2018 and February 2019 - North Fort Collins Business Association
Staff will continue public outreach and engagement efforts with stakeholders throughout the duration of the
project.
In addition, staff maintains an active project website available at: <http://www.fcgov.com/engineering/vine-
lemay.php>
ATTACHMENTS
1. Location Map (PDF)
2. Council Finance Committee minutes, April 15, 2019 (draft) (PDF)
3. Powerpoint presentation (PDF)
-1-
ORDINANCE NO. 074, 2019
OF THE COUNCIL OF THE CITY OF FORT COLLINS
MAKING APPROPRIATIONS AND AUTHORIZING TRANSFERS OF
APPROPRIATIONS FOR THE LEMAY AND VINE INTERSECTION
IMPROVEMENTS PROJECT AND RELATED ART IN PUBLIC PLACES
WHEREAS, the Lemay Avenue realignment and intersection improvements have been
prioritized as the City’s highest priority Transportation Capital Improvement Project and has been
on the City’s Master Street Plan for nearly 30 years; and
WHEREAS, the Lemay and Vine Intersection Improvements Project will construct a new
realigned Lemay Avenue from Lincoln Avenue to Conifer Street, and a new intersection slightly
northeast of the existing Lemay Avenue and Vine Drive intersection (the “Project”); and
WHEREAS, the Project will alleviate existing deficiencies and provide a key infrastructure
asset for northeast Fort Collins while also adding vehicular and multimodal capacity to the existing
transportation network within the Project area; and
WHEREAS, the Project cost is currently estimated at $23.3 million and will be replacing
an existing two-lane roadway with a new four-lane roadway, which results in a net gain of two
travel lanes; and
WHEREAS, because these new travel lanes will address growth-related impacts by
providing additional capacity to the existing transportation network, the Project is eligible to be
partially funded through Transportation Capital Expansion Fee (“TCEF”) funds; and
WHEREAS, staff developed a funding contribution model and calculated the total TCEF
contribution available for the Project as $10.7 million, of which $1.8 million (in 2019 dollars) will
be reimbursed by future development of land adjacent to the Project; and
WHEREAS, this Ordinance appropriates $9.1 million in TCEF funds to the Project; and
WHEREAS, this appropriation will also address Art in Public Places obligations associated
with this appropriation of $9.1 million for the Project; and
WHEREAS, this appropriation benefits the public and residents of the City of Fort Collins
because it enhances existing roadway and infrastructure within the City; 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
WHEREAS, the City Manager has recommended the appropriation described herein and
determined that this appropriation is available and previously unappropriated from the
-2-
Transportation Capital Expansion Fee Fund and will not cause the total amount appropriated in
the Transportation Capital Expansion Fee Fund to exceed the current estimate of actual and
anticipated revenues to be received in that fund during any fiscal year; and
WHEREAS, the City Manager has recommended the appropriation described herein and
determined that this appropriation is available and previously unappropriated from the
Transportation Fund and will not cause the total amount appropriated in the Transportation Fund
to exceed the current estimate of actual and anticipated revenues to be received in that fund during
any fiscal year; 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 or capital project to another fund or capital project, provided that the purpose for
which the transferred funds are to be expended remains unchanged; the purpose for which the
funds were initially appropriated no longer exists; or the proposed transfer is from a fund or capital
project in which the amount appropriated exceeds the amount needed to accomplish the purpose
specified in the appropriation ordinance; and
WHEREAS, this Project involves construction estimated to cost more than $250,000, as
such, Section 23-304 of the City Code requires one percent of these qualified appropriations to be
transferred to the Cultural Services and Facilities Fund for a contribution to the Art in Public Places
(APP) program.
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 Capital Expansion Fee Fund for transfer to the Capital Projects Fund the sum
of NINE MILLION SEVENTY-NINE THOUSAND NINE HUNDRED EIGHTY DOLLARS
($9,079,980) for the Lemay and Vine Intersection Improvements Project and appropriated therein.
Section 3. That there is hereby appropriated for expenditure from prior year reserves in
the Transportation Fund for transfer to the Capital Projects Fund the sum of TWENTY
THOUSAND TWENTY DOLLARS ($20,020) for the Lemay and Vine Intersection
Improvements Project and appropriated therein.
Section 4. That the unexpended appropriated amount of SEVENTY THOUSAND
NINE HUNDRED EIGHTY DOLLARS ($70,980) in the Capital Projects Fund is authorized for
transfer to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public
Places Art Project.
Section 5. That the unexpended appropriated amount of EIGHTEEN THOUSAND
-3-
TWO HUNDRED DOLLARS ($18,200) in the Capital Projects Fund is authorized for transfer to
the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places
Program Operations.
Section 6. That the unexpended appropriated amount of ONE THOUSAND EIGHT
HUNDRED TWENTY DOLLARS ($1,820) in the Capital Projects Fund is authorized for transfer
to the Cultural Services and Facilities Fund and appropriated therein for the Art in Public Places
Program Maintenance.
Introduced, considered favorably on first reading, and ordered published this 21st day of
May, A.D. 2019, and to be presented for final passage on the 4th day of June, A.D. 2019.
__________________________________
Mayor
ATTEST:
_______________________________
Chief Deputy City Clerk
Passed and adopted on final reading on the 4th day of June, A.D. 2019.
__________________________________
Mayor Pro Tem
ATTEST:
_______________________________
City Clerk