HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 11/21/2017 - SECOND READING OF ORDINANCE NO. 140, 2017, APPROPRAgenda Item 4
Item # 4 Page 1
AGENDA ITEM SUMMARY November 21, 2017
City Council
STAFF
Timothy Kemp, Civil Engineer III
Chris Van Hall, Legal
SUBJECT
Second Reading of Ordinance No. 140, 2017, Appropriating Prior Year Reserves in the Transportation Capital
Expansion Fee Fund and Authorizing the Transfer of Appropriations from the Transportation Capital Expansion
Fee Fund into the Capital Project Fund for the Lemay and Vine Intersection Project, and Transferring
Appropriations to the Cultural Services and Facilities Fund for the Art in Public Places Program
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on November 7, 2017, appropriates $1,400,000 of
prior year reserves in the Transportation Capital Expansion Fee Fund for the Lemay and Vine Intersection
Project. The Lemay Avenue realignment and intersection improvements have been prioritized as the City’s #1
Transportation Capital Improvement Project. The improvements will construct a new roadway (realigned
Lemay) from Lincoln Avenue to Conifer Street, and a new intersection slightly northeast of the existing Vine
Drive and Lemay Avenue intersection. The City has utilized an extensive planning process over the past 25
years to plan for the proposed right-of-way and utility corridor alignments, regional stormwater improvements,
and multi-modal connectivity
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. First Reading Agenda Item Summary, November 7, 2017 (w/o attachments) (PDF)
2. Ordinance No. 140, 2017 (PDF)
Agenda Item 7
Item # 7 Page 1
AGENDA ITEM SUMMARY November 7, 2017
City Council
STAFF
Timothy Kemp, Civil Engineer III
Chris Van Hall, Legal
SUBJECT
First Reading of Ordinance No. 140, 2017, Appropriating Prior Year Reserves in the Transportation Capital
Expansion Fee Fund and Authorizing the Transfer of Appropriations from the Transportation Capital Expansion
Fee Fund into the Capital Project Fund for the Lemay and Vine Intersection Project, 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 $1,400,000 of prior year reserves in the Transportation Capital
Expansion Fee Fund for the Lemay and Vine Intersection Project. The Lemay Avenue realignment and
intersection improvements have been prioritized as the City’s #1 Transportation Capital Improvement Project.
The improvements will construct a new roadway (realigned Lemay) from Lincoln Avenue to Conifer Street, and
a new intersection slightly northeast of the existing Vine Drive and Lemay Avenue intersection. The City has
utilized an extensive planning process over the past 25 years to plan for the proposed right-of-way and utility
corridor alignments, regional stormwater improvements, and multi-modal connectivity. This appropriation will
allow staff to move forward with the following opportunities in 2018:
Right-of-way purchases for realigned Lemay Avenue, south of Vine Drive; and the Buckingham Street
extension from Ninth Street to realigned Lemay
Dirt placement along realigned Lemay Avenue, north of Vine Drive, partnering with Utilities
Box culvert placement in the Dry Creek, partnering with Utilities.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
BACKGROUND / DISCUSSION
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 and
neighborhood livability issues as well as the impacts of new development and growth. The existing intersection
operations continue to degrade which has led to increased safety, congestion, and access problems for local
residents, Burlington Northern Santa Fe (BNSF) and Great Western Railroad (GWR) railways, emergency
services, and the travelling public.
Project Goals
Neighborhood Livability-Complete critical transportation improvements that will enhance connectivity for
local neighborhoods to employment, schools, goods and services. Existing residents suffer from the
constraints of congestion daily.
Safety and Multi-Modal Connectivity-Foster a safe, connected, resilient and accessible system for all
modes of travel to key activity centers, access to high frequency transit service, and bicycle and
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Agenda Item 7
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pedestrian facilities.
Congestion Relief-Construction of the improvements will reduce congestion along existing roadways
and the BNSF rail corridor, which in turn helps improve railway switching operations and the ability to
move goods and services efficiently throughout northeast Fort Collins.
Phased Implementation -The project construction will be phased to address existing operational and
connectivity issues now, and expandable in the future as subsequent development adds capacity to the
transportation system. Realigned Lemay will be built as a 4-lane road at the southern end near Lincoln
Avenue, and as 2-lane road at the northern end near Conifer Street. The bridge may be initially
constructed 4-lanes wide to accommodate the future capacity.
Unlike most railroad crossings within Fort Collins, the existing Vine and Lemay intersection is greatly impacted
due to the proximity of the BNSF and GWR 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 project will include multi-modal and landscape improvements on existing
Lemay (Ninth Street), after this section of roadway is downgraded to a local street.
This project has been before Council on two previous occasions as staff continues to work through the design
and right-of-way acquisition phases:
Ordinance No. 124, 2015, appropriated prior year reserves from the Street Oversizing Fund for right-of-
way acquisition of realigned Lemay Avenue and Suniga Road
Ordinance No. 029, 2016, authorized the acquisition by eminent domain, if necessary, of the property
interests needed to construct stormwater improvements associated with the Northeast College Corridor
Outfall Project (NECCO) and the right-of-way alignment of Lemay Avenue and Suniga Road.
Opportunity for Partnering and Cost Saving
Staff recommends moving forward with an early construction phase in the spring, 2018 through a partnership
with the Utilities Department:
The NECCO Stormwater Master Plan project is an $8M Utilities infrastructure investment in the Suniga
Road and realigned Lemay area. The project began construction in 2017 and the final phase will be
constructed in 2018. Project goals include:
o Regional detention, floodplain mitigation, and water quality improvements
o NECCO follows the Suniga Road right-of-way from Redwood Street to realigned Lemay Avenue
The early construction phase along realigned Lemay will include:
o Installation of underground concrete box culverts, combined with the Utilities final phase of the
NECCO Stormwater Master Plan implementation
o Placement of 50,000 cubic yards (CY) (of the total 170,000 CY needed) of fill material in the
realigned Lemay right-of-way (ROW), for the future construction of a bridge over Vine and the
railroad, using material generated from the NECCO pond and outfall channel
o Early construction cost savings of $700,000 comes from the difference between the Vine/Lemay
Engineer’s Estimate and the negotiated pricing from the Utilities contract for the NECCO project
for the following items:
Dirt placement - $11/CY savings = $550,000
The dirt placed will be approximately 100 feet away from a roadway and will be seeded
for both erosion control and aesthetic purposes
Box culverts-project savings = $150,000 (due to the contractor already being on-site
and having additional lead time to fabricate the boxes)
o The placement of the concrete box culverts will allow staff to include this work under the Utilities
Letter of Map Revision (LOMR) for the re-mapping of the floodplain, which is a time and resource
saving measure
o This work is required for the project regardless of timing and doing this work in 2018 will save
the project future costs and shorten the future schedule
Agenda Item 7
Item # 7 Page 3
CITY FINANCIAL IMPACTS
Staff recommends moving forward with an early construction phase in 2018 as a cost saving measure since the
project will be built in phases.
The table below summarizes the project funding. The Transportation Capital Expansion Fee (TCEF) reserves
allocation has been set at $10M, $2M of which will be appropriated at this time, and the other $8M in future
appropriations as other project funding becomes available.
Project Funding Summary
BFO Offers (already appropriated) $ 2,000,000
New Appropriation of Prior Year Reserves from TCEF $ 1,400,000
Future Appropriation of Prior Year Reserves from TCEF $ 8,600,000*
Additional Funding Needed (other sources) $ 10,000,000
TOTAL $22,000,000**
* Includes $2M of future Developer repays/contributions from adjacent properties
** 2017 Dollars
The need for and scope of this project is attributable in part to the impact of new development and growth on the
City’s transportation system as reflected by the City’s Master Street Plan, which is the purpose of TCEFs, and
in part to existing infrastructure challenges. Accordingly, the proposed funding for the project includes a mix of
financial resources, including City sales tax for capital projects and other funding still being identified, as well as
an appropriate portion of funding from TCEFs.
Staff is currently exploring several funding options for the $10M current funding gap. The options will be
reviewed, along with overall project plans, at the November 20 Council Finance Committee meeting.
One percent (1%) of the $1.4M appropriation ($14,000) will be transferred to the Cultural Services and Facilities
fund for a contribution to the Art in Public Places (APP) program. Of the $14,000 APP contribution, $10,920 will
be reserved for the APP artwork, and $3,080 will be reserved for the maintenance of the artwork and operations
of the APP program.
Short and long-term economic benefits of the realigned Lemay corridor improvements:
Easing of traffic congestion and addition of a grade separated crossing; resulting in reduced fuel
consumption
Enhanced multi-modal connections, access to the Suniga Road Enhanced Travel Corridor (ETC), and
creation of an unobstructed route for emergency services
Optimization of corridor signal timing to reduce vehicle delay; resulting in improved air quality
Decrease in accident and delay costs (as calculated per the Highway Safety Manual)
BOARD / COMMISSION RECOMMENDATION
This project was presented to the Transportation Board as an informational update. Staff will present the project
to numerous Boards and Commissions in 2018 for formal recommendations.
PUBLIC OUTREACH
Over the past 20 months staff has given a number of formal presentations and provided project information at
City sponsored events; designed 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
Agenda Item 7
Item # 7 Page 4
February 2016 - Public Open House at Streets Facility - 122 people signed in for the event
February 2016 - Presentation to the Transportation Board
May 2016 - Presentation to the Futures Committee
May 2016 - Presentation to the Council Finance Committee
August 2016 - Lincoln Neighborhood Ice Cream Social
August 2016 - Council Work Session
November 2016 - Presentation to Alta Vista residents
September 2017 - Open House event for Alta Vista, Andersonville, and Buckingham residents
Project website is available at: http://www.fcgov.com/engineering/vine-lemay.php
Staff will continue public outreach and engagement efforts with stakeholders in late 2017 and into 2018, and
broaden the discussion to include the North Fort Collins Business Association, City boards and commissions,
the Fort Collins Area Chamber of Commerce, etc.
ATTACHMENTS
1. Location Map (PDF)
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ORDINANCE NO. 140, 2017
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROPRIATING PRIOR YEAR RESERVES IN THE TRANSPORTATION CAPITAL
EXPANSION FEE FUND AND AUTHORIZING THE TRANSFER OF APPROPRIATIONS
FROM THE TRANSPORTATION CAPITAL EXPANSION FEE FUND INTO THE CAPITAL
PROJECT FUND FOR THE LEMAY AND VINE INTERSECTION PROJECT, AND
TRANSFERRING APPROPRIATIONS TO THE CULTURAL SERVICES AND FACILITIES
FUND FOR THE ART IN PUBLIC PLACES PROGRAM
WHEREAS, the Lemay Avenue realignment and intersection improvements have been
prioritized as the City’s #1 Transportation Capital Improvement Project and the proposed
improvements will construct a new roadway (realigned Lemay) from Lincoln Avenue to Conifer
Street, and a new intersection slightly northeast of the existing Vine Drive and Lemay Avenue
intersection (the “Project”); and
WHEREAS, the total cost of the Project is expected to be approximately$22,000,000; and
WHEREAS, the sum of $2,000,000 is currently appropriated for the Project in the BFO
Offers, $1,400,000 will be appropriated for the Project in this Ordinance from Prior Year Reserves
from the Transportation Capital Expansion Fee (TCEF) and $8,600,000 is expected to be
appropriated for the Project in the future from Prior Year Reserves from the TCEF as such funding
becomes available; and
WHEREAS, the Project is designed to address both the impact of new development and
growth on the City’s transportation system as reflected in the City’s Master Street Plan and existing
infrastructure challenges and the proposed TCEF funding of represents a reasonable portion of the
total anticipated Project cost appropriate to address the impact of new development and growth on
the City’s transportation system; and
WHEREAS, Staff will continue to identify funding sources to make up the additional
$10,000,000 of the total Project costs as they become available; and
WHEREAS, this Ordinance will appropriate $1,400,000 of Prior Year Reserves in the
TCEF for the Project so that Engineering staff can proceed with right-of-way purchases and partner
with the City of Fort Collins Utilities Department to utilize early construction cost savings for
certain street extensions, street realigning and other necessary Project costs; 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, City staff have determined that the appropriations as described herein are
available and previously unappropriated in the Transportation Capital Expansion Fee Fund; and
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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 reserves in the
Transportation Capital Expansion Fee Fund for transfer to the Capital Projects Fund the sum of
ONE MILLION FOUR HUNDRED THOUSAND DOLLARS ($1,400,000) for the Project and
appropriated therein.
Section 3. That the unexpended appropriated amount of TEN THOUSAND NINE
HUNDRED TWENTY DOLLARS ($10,920) in the Capital Projects Fund – Lemay and Vine
Intersection Project is authorized for transfer to the Cultural Services and Facilities Fund and
appropriated therein for Art in Public Places projects.
Section 4. That the unexpended appropriated amount of THREE THOUSAND
EIGHTY DOLLARS ($3,080) in the Capital Projects Fund – Lemay and Vine Intersection Project
is 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 7th day of
November, A.D. 2017, and to be presented for final passage on the 21st day of November, A.D.
2017.
__________________________________
Mayor
ATTEST:
_______________________________
Chief Deputy City Clerk
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Passed and adopted on final reading on the 21st day of November, A.D. 2017.
__________________________________
Mayor
ATTEST:
_______________________________
City Clerk