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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/18/2020 - SECOND READING OF ORDINANCE NO. 097, 2020, MAKINGAgenda Item 4 Item # 4 Page 1 AGENDA ITEM SUMMARY August 18, 2020 City Council STAFF Brad Buckman, Manager, Civil Engineering Dan Woodward, Civil Engineer I Drew Brooks, Director of Transit Claire Havelda, Legal SUBJECT Second Reading of Ordinance No. 097, 2020, Making Supplemental Appropriations, Appropriating Prior Year Reserves and Authorizing Transfers of Appropriations for 30% Design of the West Elizabeth Enhanced Travel Corridor Project and Related Art in Public Places. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on August 4, 2020, appropriates $1.5 million in funding to complete thirty percent (30%) design of the West Elizabeth Enhanced Travel Corridor (the “Project”). The Council Finance Committee endorsed staff’s recommendation to appropriate $375,000 in City Transit reserves to satisfy the City’s one-half share of the required local match at its May 18, 2020 meeting. The West Elizabeth travel corridor is currently the highest priority pedestrian/alternative mode area for improvement in the City and was highlighted in City Plan and the Transit Master Plan. The City was awarded a $750,000 Multimodal Options Fund grant (“MOF” Grant) from the North Front Range Metropolitan Planning Organization (NFRMPO) to help complete 30% design of the Project. (CDOT manages the grant funding for NFRMPO). CSU has agreed to appropriate $375,000 to help fulfill the grant match requirements. The City will be required to bring $375,000 in local funds to fulfill the total match and complete the $1.5 million design. This Project involves estimated construction costs of more than $250,000, and as such, Section 23-304 of the City Code requires one percent of qualified appropriations to be transferred to the Cultural Services and Facilities Fund for a contribution to the Art in Public Places (APP) program. One percent (1%) of the total City local match, a total of $3,750, has be has been identified as the recommended transfer from the Capital Projects Fund to the Cultural Services and Facilities Fund to meet this Code requirement. Neither the MOF Grant nor the CSU funding is eligible to be used for art and is excluded from the calculation. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. First Reading Agenda Item Summary, August 4, 2020 (w/o attachments) (PDF) 2. Ordinance No. 097, 2020 (PDF) Agenda Item 12 Item # 12 Page 1 AGENDA ITEM SUMMARY August 4, 2020 City Council STAFF Brad Buckman, Manager, Civil Engineering Dan Woodward, Civil Engineer I Drew Brooks, Director of Transit Claire Havelda, Legal SUBJECT Items Relating to the West Elizabeth Corridor. EXECUTIVE SUMMARY A. First Reading of Ordinance No. 097, 2020, Making Supplemental Appropriations, Appropriating Prior Year Reserves and Authorizing Transfers of Appropriations for 30% Design of the West Elizabeth Enhanced Travel Corridor Project and Related Art in Public Places. B. Resolution 2020-071 Approving an Intergovernmental Agreement with Colorado State University for Funding the 30% Design Work for the West Elizabeth Enhanced Travel Corridor Project. C. Resolution 2020-072 Approving an Intergovernmental Agreement with the Colorado Department of Transportation for Funding the 30% Design Work for the West Elizabeth Enhanced Travel Corridor Project. The item requests City Council approve an ordinance appropriating $1.5 million in funding to complete thirty percent (30%) design of the West Elizabeth Enhanced Travel Corridor (the “Project”) and two Resolutions authorizing execution of related Intergovernmental Agreements (IGAs) - one with the Colorado Department of Transportation (CDOT) for overall funding for 30% design of the Project and one with Colorado State University (“CSU”) for contribution of $375,000 in required matching funds (one half of the total required matching funds). The Council Finance Committee endorsed staff’s recommendation to appropriate $375,000 in City Transit reserves to satisfy the City’s one-half share of the required local match at its May 18, 2020 meeting. The West Elizabeth travel corridor is currently the highest priority pedestrian/alternative mode area for improvement in the City and was highlighted in City Plan and the Transit Master Plan. The City was awarded a $750,000 Multimodal Options Fund grant (“MOF” Grant) from the North Front Range Metropolitan Planning Organization (NFRMPO) to help complete 30% design of the Project. (CDOT manages the grant funding for NFRMPO). CSU has agreed to appropriate $375,000 to help fulfill the grant match requirements. The City will be required to bring $375,000 in local funds to fulfill the total match and complete the $1.5 million design. This Project involves estimated construction costs of more than $250,000, and as such, Section 23-304 of the City Code requires one percent of qualified appropriations to be transferred to the Cultural Services and Facilities Fund for a contribution to the Art in Public Places (APP) program. One percent (1%) of the total City local match, a total of $3,750, has be has been identified as the recommended transfer from the Capital Projects Fund to the Cultural Services and Facilities Fund to meet this Code requirement. Neither the MOF Grant nor the CSU funding is eligible to be used for art and is excluded from the calculation. ATTACHMENT 1 Agenda Item 12 Item # 12 Page 2 STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading and Resolutions. BACKGROUND / DISCUSSION Multimodal Options Fund Background In December 2019, the NFRMPO did a call for projects for the MOF grants. The City was awarded all four projects for which it applied. Projects include: • West Elizabeth 30% Design – Award $750,000 • Transfort Compressed Natural Gas Bus Replacements - $908,091 • Siphon Overpass - $500,000 • Laporte Avenue - $250,000 Both the Siphon Overpass and the Laporte Avenue Grant Appropriations and related Intergovernmental Agreements (IGA) will be brought forward for review in Spring 2021. The bus replacement award will be appropriated through the 2021 Budgeting for Outcomes (BFO) process. West Elizabeth Corridor Background The West Elizabeth Corridor is currently the most productive transit area and one of the highest pedestrian use areas within the city. • It has more passengers per revenue hour than Max and often “trailer” buses are required to accommodate all the passengers. • Most passengers are going to/from CSU. This includes CSU’s foothills campus which is harder for Transit to access due to the limited ability to turn buses around at Overland Trail. • Current bicycle/pedestrian count data show extremely high usage and potential for modal conflict at the major intersection of West Elizabeth Avenue and City Park Avenue. Design along this corridor is expected to facilitate safer travel for all transportation modes and a more direct route for buses that will include a turnaround at the west end of Elizabeth, which could help lead to some route consolidation. Due to the many factors and current condition of this corridor, it is one of the top priority areas for transportation improvement within the city and has specifically been highlighted in the Transit Master Plan as the highest priority project. Staff is recommending the appropriation move forward for several reasons: • There is an extremely long lead time between 30% Design and final Project completion. • 30% Design completion will enable the City to submit for the Federal Transit Authority (FTA) Small Starts grant program; historically, projects have not been able to request this grant without being at 30% design. • Having this Project get to a “shovel ready” status could help boost the local economy as it comes out of the COVID recession. • An IGA with CSU will be entered into prior to the IGA with CDOT being finalized. The CSU IGA will memorialize CSU’s contribution of half of the local match, or $375,000 of the $750,000. This will significantly reduce the City’s required local match obligation (now $375,000 from $750,000) and will be a condition precedent to the CDOT IGA being executed. • Transit Reserves which will be utilized for the City’s share of the local match are healthy and due to Federal CARES funding are not expected to be adversely impacted like other City funds. Agenda Item 12 Item # 12 Page 3 CITY FINANCIAL IMPACTS This design project requires $375,000 to be appropriated from Transit Reserves for the City's local match requirement. This will enable $750,000 in grant revenue through the MOF Grant program, and CSU has agreed to dedicate $375,000 to satisfy the other half of the local match requirement for the overall $1,500,000 cost to complete 30% design for the Project. The required 1% to the Cultural Services and Facilities Fund ($3,750) will be appropriated to meet the Art in Public Places requirement in City Code Section 23-304. -1- ORDINANCE NO. 097, 2020 OF THE COUNCIL OF THE CITY OF FORT COLLINS MAKING SUPPLEMENTAL APPROPRIATIONS, APPROPRIATING PRIOR YEAR RESERVES AND AUTHORIZING TRANSFERS OF APPROPRIATIONS FOR THIRTY PERCENT (30%) DESIGN OF THE WEST ELIZABETH ENHANCED TRAVEL CORRIDOR PROJECT AND RELATED ART IN PUBLIC PLACES WHEREAS, the City has identified the West Elizabeth Street corridor as the highest priority pedestrian and alternative mode of transportation area in need of improvement within the City (the “Project”); and WHEREAS, the West Elizabeth Street corridor has historically high bus passenger and bike commuter rates, as it is heavily traveled by individuals going to and from Colorado State University, including students, faculty and staff; and WHEREAS, the West Elizabeth Street corridor contains a growing business district, over 24,000 residents, supports 20,000 jobs and needs increased levels of transit capacity, contiguous sidewalks, and multi-modal infrastructure improvements as contemplated by the Project; and WHEREAS, the City was awarded a $750,000 Multimodal Options Fund grant (“MOF Grant”) from the North Front Range Metropolitan Planning Organization (“NFRMPO”) to complete thirty percent (30%) of the design of the Project; and WHEREAS, Colorado State University (“CSU”) has agreed to equally share the cost of the local match required by the MOF Grant of $750,000 for the 30% design of the Project with the City; thus, the City’s local match contribution will be $375,000 and CSU will contribute $375,000 for the other half of the required local match; and WHEREAS, 30% design of the Project is included in the cost of a capital construction project estimated to cost more than $250,000, and as such, Section 23-304 of the City Code requires one percent of the qualified appropriations to be transferred to the Cultural Services and Facilities Fund for a contribution to the Art in Public Places (APP) program; and WHEREAS, the MOF Grant and CSU funds are ineligible for public art purposes, leaving the City’s contribution of $375,000 to the required local match as eligible for such contribution under Section 23-304 of the City Code; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon recommendation of the City Manager, 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 WHEREAS, the City Manager has recommended the appropriation described herein and determined that this appropriation is available and previously unappropriated from the Capital Projects Fund and will not cause the total amount appropriated in the Capital Projects Fund to -2- exceed the current estimate of actual and anticipated revenues to be received in that fund during any fiscal year; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon the recommendation of the City Manager, 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 these appropriations are available and previously unappropriated from the Transit Services Fund and will not cause the total amount appropriated in the Transit Services Fund, to exceed the current estimate of actual and anticipated revenues to be received in these funds during this fiscal year; and WHEREAS, Article V, Section 10 of the City Charter authorizes the City Council, upon recommendation by the City Manager, 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, the City Manager has recommended the transfer of $375,000 from the Transit Services Fund to the Capital Projects Fund and determined that the purpose for which the transferred funds are to be expended remains unchanged; and WHEREAS, the City Manager has recommended the transfer of $3,750 from the Capital Projects Fund to the Cultural Services and Facilities Fund and determined that the purpose for which the transferred funds are to be expended remains unchanged; and WHEREAS, this appropriation benefits public health, safety and welfare of the citizens of Fort Collins and serves the public purpose of enhancing the transportation safety and accessibility of the Project area for all residents. 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 from unanticipated grant revenue in the Capital Projects Fund the sum of SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000) for expenditure from the Capital Projects Fund for 30% design of the West Elizabeth Enhanced Travel Corridor Project and appropriated therein. Section 3. That there is hereby appropriated from prior year reserves in the Transit Services Fund the sum of THREE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS -3- ($375,000) for expenditure from the Transit Services Fund for transfer to the Capital Projects Fund for 30% design of the West Elizabeth Enhanced Travel Corridor Project and appropriated therein. Section 4. That there is hereby appropriated from unanticipated revenue from Colorado State University in the Capital Projects Fund the sum of THREE HUNDRED SEVENTY-FIVE DOLLARS ($375,000) for expenditure from the Capital Projects Fund for 30% design of the West Elizabeth Enhanced Travel Corridor Project and appropriated therein. Section 5. That the unexpended and unencumbered appropriated amount of TWO THOUSAND NINE HUNDRED TWENTY-FIVE DOLLARS ($2,925) 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 art projects. Section 6. That the unexpended and unencumbered appropriated amount of SEVEN HUNDRED FIFTY DOLLARS ($750) 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 operation costs. Section 7. That the unexpended and unencumbered appropriated amount of SEVENTY-FIVE DOLLARS ($75) 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 costs. Introduced, considered favorably on first reading, and ordered published this 4th day of August, A.D. 2020, and to be presented for final passage on the 18th day of August, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 18th day of August, A.D. 2020. __________________________________ Mayor ATTEST: _______________________________ City Clerk