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.
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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
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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
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($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