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HomeMy WebLinkAbout2025-057-06/03/2025-RESOLUTION 2025-057 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT REGARDING A GRANT OF FUNDS FOR IMPROVEMENTS TO THE INTERSECTION OF VINE DRIVE AND JEROME STREET BETWEEN THE CITY OF FORT COLLINS AND THE DOWNTOWN DEVELOPMENT AUTHORITY A.The purpose of this item is to enable the City to receive and expend Downtown Development Authority (“DDA”)grant funds for the Vine Drive and Jerome Street Intersection Improvements project (“Project”).The funds will be used for outreach, design,right-of-way acquisition,and construction for improvements at the intersection of Vine Drive and Jerome Street. B.East Vine Drive and Jerome Street intersect in northeast Fort Collins,just north of the Poudre River Whitewater Park.The City’s current Master Street Plan (adopted December 2023)designates Vine Drive and Jerome Street as two-lane collectors. C.Currently,traffic on Jerome Street is controlled by a four way stop sign at the intersection of Jerome Street and Vine Drive,but there are no crossing facilities at the intersection.The City’s Active Modes Plan (adopted December 2022)recommends pedestrian and bicycle crossing improvements at the intersection.The City’s North College MAX Bus Rapid Transit Plan also recommends a roadway crossing improvement at Vine Drive and Jerome Street as a key improvement to support active mode use in the North College area and improve access to public transportation. D.The City’s Strategic Trails Plan,which is in development and scheduled to go before City Council for adoption on July 1,2025,includes a proposed trails map that depicts a trail connection between northeast Fort Collins and the Whitewater Park through this intersection.This regional trail extension was originally identified in the 2013 Paved Recreational Trails Plan and has been carried over through the update of the Strategic Trails Plan. E.As northeast Fort Collins continues to grow,the number of people walking, biking,and engaged in other active modes of transportation will increase through this intersection,which is a gateway and connection point between northeast Fort Collins and destinations such as the Whitewater Park,the Poudre River Trail,and Old Town Fort Collins. F.An active modes traffic count and observation study was performed in August of 2024.The observations in the study indicate the need for intersection crossing improvements.These observations include data establishing that 36%of bicyclists observed cut diagonally through the intersection,crossing the yellow road centerline rather than completing a full turn;26%of all bicyclists observed rode on the sidewalk; bicyclists rode the wrong way in the Vine bike lane to access a sidewalk ramp;bicyclists traveled the wrong way in a bike lane;and pedestrians crossed where no sidewalk exists. G.In June 2021.a person riding a bike was killed in a crash at this intersection. H.City staff representing FC Moves,Park Planning and Development,Traffic Operations,and Engineering have developed the Project to address these safety and infrastructure concerns.A conceptual proposed plan for the Project includes the following: •Two-way pedestrian crossing of Vine Drive on the east side of Jerome Street •Bicycle crossings (northbound and southbound)of Vine Drive on either side of Jerome Street; •Rectangular Rapid Flashing Beacons (“RRFBs”)with push buttons for pedestrians and cyclists; •Protected bike corner island on the west side of Jerome Street intended to reduce right turn speeds and protect cyclists waiting to activate the beacon and cross the street; •Improved and widened sidepath (trail)on the south side of the intersection (Vine Drive)with Americans with Disabilities Act (“ADA”)compliant ramps, connecting to the Whitewater Park and Poudre River Trail; •Widened sidepath (trail)on the east side of Jerome Street to serve as the northeast trail extension;and •New striping,signing,and marking of the intersection to safely facilitate pedestrian and bicycle movements. Portions of the Project site lie within the North College Urban Renewal Authority (“URA”)area,north of Vine Drive and the DDA boundary,south of Vine Drive. J.Staff attended the URA Board in January 2025,presented the Project,and requested financial participation in the Project.The URA voted to contribute $293,076 toward the Project. K.Staff went to the DDA’s Director’s Meeting in February 2025,presented the Project,and requested financial participation.The DDA voted to contribute $82,659 toward the Project as well as $61,341 toward urban design elements for the active modes gateway to Old Town. L.Project funding also includes traditional transportation capital project funding from Community Capital Improvement Program (“CCIP”)bicycle and pedestrian funds,Transportation Capital Expansion Fees,and Transportation Services funds.The Conservation Trust Fund is contributing funding for elements of the northeast trail system included in the Project.Transfers of the 2050 Tax —Our Climate Future funds from two similar and completed active modes related projects (Centre Avenue Crossing Improvements and Laporte Avenue Bike Lanes)will also help fund the Project.The Our Climate Future Executive Committee was consulted on these transfers and agrees with the alignment between the original projects and this Project. -2- M.For the DDA funding,the DDA has proposed an IGA with the City,approved by the DDA’s Board of Directors on February 13,2025,to cooperate in the preparation and design for the Project. N.The IGA funds are anticipated to be appropriated via Ordinance No.085,2025,and used for outreach,design,right-of-way acquisition,and construction for the Project. 0.Colorado Revised Statutes Section 29-1-203 provides that governments may cooperate or contract with one another to provide certain services or facilities when the cooperation or contracts are authorized by each party thereto with the approval of its legislative body or other authority having the power to so approve. P.City Charter Article II,Section 16 empowers the City Council,by ordinance or resolution,to enter into contracts with governmental bodies to furnish governmental services and make charges for such services or enter into cooperative or joint activities with other governmental bodies. Q.City Code Section 1-22 requires the City Council to approve intergovernmental agreements that require the City to make a direct,monetary payment over $50,000,and funds anticipated to be appropriated pursuant to this IGA and for the overall Project amount to $955,876.40.City staff recommends that the City Council appropriate funds in this amount by separate ordinance. R.The City Council finds and determines that the Project and the DDA grant funding are in the best interests of the City,that they advance the public’s health,safety, and welfare by facilitating improvement of the City’s multimodal transportation safety and infrastructure and streetscapes,and that the Mayor be authorized to execute the IGA between the City and the DDA in support thereof. In light of the foregoing recitals,which the Council hereby makes and adopts as determinations and findings,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1.The City Council authorizes the Mayor to execute,on behalf of the City,the intergovernmental agreement with the Downtown Development Authority,in substantially the form attached hereto as Exhibit A,with additional or modified terms and conditions as the City Manager,in consultation with the City Attorney,determines to be necessary and appropriate to protect the interests of the City or effectuate the purposes of this Resolution. Section 2.The City Council hereby authorizes the City Manager to approve and execute future amendments to the intergovernmental agreement with the Downtown Development Authority relating to the Project that the City Manager,in consultation with the City Attorney,determines to be necessary and appropriate to facilitate completion of -3- the Project,so long as such amendments do not increase the cost of the Project, substantially modify the purposes of the intergovernmental agreement,increase the allocation or amount of funding for the Project funded by the City,or otherwise increase the obligations and responsibilities of the City as set forth in the intergovernmental agreement. Passed and adopted on June 3,2025. ATTEST: City Cler/’ Effective Date:June 3,2025 Approving Aftorney:Heather N.Jarvis ‘I 4) Exhibits:Exhibit A -Intergovernmental Agreement with the Downtown Development Authority EXHIBIT A TO RESOLUTION 2025-057 INTERGOVERNMENTAL AGREEMENT REGARDING A GRANT OF FUNDS FOR IMPROVEMENTS TO THE INTERSECTION AT JEROME STREET AND VINE DRIVE This Intergovernmental Agreement (“Agreement”)is made and entered into on the date of last signature below,by and between the CITY OF FORT COLLINS,COLORADO,a Colorado municipal corporation (the “City”),and the FORT COLLINS,COLORADO,DOWNTOWN DEVELOPMENT AUTHORITY,a body corporate and politic (the “DDA”). WITNESSETH: WHEREAS,pursuant to C.R.S.~31-25-808(l)(g),the DDA is empowered to make contributions,grants,and loans to the City which will further the statutory mission of the DDA; WHEREAS,Article II,Section 16 of the City Charter empowers the City Council of the City,by ordinance or resolution,to enter into contracts with other governmental bodies to furnish governmental services and make charges for such services or enter into cooperative or joint activities with other governmental bodies; WHEREAS,C.R.S.§29-1-203 also provides that governments may cooperate or contract with one another to provide certain services or facilities when such cooperation or contracts are authorized by each party thereto with the approval of its legislative body or other authority having the power to so approve; WHEREAS,the City intends to construct certain improvements to the intersection of Jerome Street and Vine Drive (the “Jerome-Vine Intersection Project”),which would ordinarily be done in accordance with Larimer County Urban Area Streetscape Standards (“LCUASS”); WHEREAS,the DDA desires to contribute eighty-two thousand six hundred fifty-nine dollars ($82,659)to the Jerome-Vine Intersection Project for the purpose of enabling the City to construct enhanced improvements that exceed the requirements of LCUASS,which enhanced improvements are described in the budget table attached hereto and incorporated herein as “Exhibit A”,consisting of one (I)page,and include ten-feet (10’)wide sidewalks,pedestrian signal crossings,and wayfinding signage (the “Enhanced Intersection Features”); WHEREAS,the DDA and the City desire to incorporate into the Jerome-Vine Intersection Project a feature along the south side of Vine Drive that will highlight the area as a pedestrian and bicycle gateway to downtown Fort Collins,which the parties agree will contain as an element decorative fencing and which will be complimentary in design to the existing Poudre River Whitewater Park monument sign located to the west of the intersection at Jerome Street and Vine Drive (the “Gateway Fencing Feature”); WHEREAS,the DDA desires to contribute to the City the sum of four thousand five hundred dollars ($4,500)for the preparation of designs for the Gateway Fencing Feature,and the sum of fifty-six thousand eight hundred forty-one dollars ($56,841)for construction of the EXHIBIT A TO RESOLUTION 2025-057 Gateway Fencing Feature; WHEREAS,the Jerome-Vine Intersection Project,including the Gateway Fencing Feature, is located within the boundaries of the DDA and such project is consistent with the statutory goals and purposes of the DDA as set forth in C.R.S.~31-25-80l,et seq.,and the DDA’s adopted plan of development; WHEREAS,the Jerome-Vine Intersection Project will further the mission of the DDA by increasing safety,improving traffic flow,and creating a more visually appealing and attractive pedestrian environment along Vine Drive; WHEREAS,the Board of Directors of the DDA,at a meeting held on May 8,2025, approved the contribution to the City of up to one hundred forty-four thousand dollars ($144,000) for construction of the Enhanced Intersection Features and the design and construction of the Gateway Fencing Feature,on the terms and conditions set forth herein;and WHEREAS,by Resolution 2025-05 7,the City Council of the City authorized the Mayor to execute this Agreement. NOW,THEREFORE,in consideration of the mutual promises herein and other valuable consideration,the receipt and adequacy of which is hereby acknowledged,the parties adopt the foregoing recitals and agree as follows: 1.Grant of DDA Funds.The DDA shall grant to the City sum of up to one hundred forty-four thousand dollars ($144,000)for the Jerome-Vine Intersection Project (the “Grant Funds”)under,and subject to,the following terms and conditions: a.Grant of Funds Enhanced Intersection Features.The DDA shall transfer to the City the sum of eighty-two thousand six hundred fifty-nine dollars ($82,659)upon execution of this IGA,which funds may be used by the City solely for the following purposes:(i)payments to the City’s Jerome-Vine Intersection Project contractor for construction of the Enhanced Intersection Features;and (ii)to cover costs incurred by the City which are directly related to the contract therefor,including,but not limited to,materials,printing,and document and or data production or reproduction. For the avoidance of doubt,the City understands and agrees that it shall not receive any funds for City staff time spent working on the Jerome-Vine Project,including the Enhanced Intersection Features,or in relation thereto. b.Grant ofFunds Gateway Fencing Feature.The DDA shall transfer to the City the sum of four thousand five hundred dollars ($4,500)upon execution of this IGA, which funds may be used by the City solely to pay the cost of having a third-party contractor prepare designs for the Gateway Fencing Feature.The selection of the design contractor shall be done in accordance with the City’s purchasing policies. Once such designs have been completed and a contract has been awarded by the City to a third-party contractor for the construction of the Gateway Fencing Feature, which may be the Jerome-Vine Intersection Project contractor or another third-party EXHIBIT A TO RESOLUTION 2025-057 contractor selected in accordance with the City’s purchasing policies,the DDA shall transfer to the City the sum of fifty-six thousand eight hundred forty-one dollars ($56,841),which ftrnds may be used by the City solely for the following purposes: (i)payments to the contractor for construction of the Gateway Fencing Feature;and (ii)to cover costs incurred by the City which are directly related to the contract therefor,including,but not limited to,materials,printing,and document and or data production or reproduction.For the avoidance of doubt,the City understands and agrees that it shall not receive any funds for City staff time spent working on the Gateway Fencing Feature or in relation thereto.If the actual cost to construct the Gateway Fencing Feature is less than the amount of the DDA’s contribution under this Section 1(b),the City shall return to the DDA the remaining balance of such hinds within a reasonable period of time after completion of such project. c.Accounting.The City shall periodically provide to the DDA copies of contractor invoices and other documentation sufficient for the DDA to determine that the Grant Funds have been expended by the City in a manner consistent with this Agreement. The frequency with which the City shall provide such information shall be as reasonably determined by the parties,but in no case more often than once every sixty (60)days. d.Expiration of Grant Funds.Any Grant Funds not expended by the City for the above-stated purposes by December 31,2027,shall be promptly returned to the DDA. e.Maximum Amount of Grant Funds tinder Agreement.The maximum amount of DDA funds that shall be disbursed to the City pursuant to this Agreement shall be $144,000. 2.DDA Tnvolvement in Desi Develo ment -Gatewa Fencin Feature.The City agrees to provide the DDA with a meaningful opportunity to participate in the design development process for the Gateway Fencing Feature to include,but not be limited to,providing the DDA with copies of draft and final designs as they are delivered to the City,and the opportunity to attend meetings at which designs are presented and discussed.The City further agrees to in good faith consider feedback provided by DDA staff on the designs. 3.Notice.All notices to be given to parties hereunder shall be in writing and shall be sent by certified mail to the addresses specified below: DDA:Downtown Development Authority Attn:Executive Director 19 Old Town Square,Suite 230 Fort Collins,CO 80524 With a copy to:Liley Law,LLC Attn:Joshua C.Liley 2727 Redwing Road,Suite 342 EXHIBIT A TO RESOLUTION 2025-057 Fort Collins,CO 80526 CITY:City of Fort Collins Ann:Director of Infrastructure Services 215 N.Mason Street Fort Collins,CO 80521 With a copy to:City of Fort Collins Attn:City Attorney 300 LaPorte Avenue Fort Collins,CO 80521 4.Governing Law.This Agreement shall be governed by.and its terms construed under,the laws of the State of Colorado. 5.Annual Appropriations.Any financial obligations of the DDA or the City arising under this Agreement which are payable after the current fiscal year are contingent upon funds for that purpose being annually appropriated,budgeted,and otherwise made available by the City Council of the City,in its discretion,and/or the DDA Board,in its discretion,as applicable 6.No Third-Party Beneficiaries.It is the mutual intent of the parties that this Agreement shall inure to the benefit of only the parties hereto.Accordingly,nothing in this Agreement shall be construed as creating any right or entitlement which inures to the benefit of any third party. IN WITNESS WHEREOF,the parties have executed this Agreement as of the day and year of the last signature below written. CITY OF FORT COLLINS,COLORADO, a Colorado municipal corporation By: Jeni Arndt,Mayor Date: Afl’EST: Delynn Coldiron,City Clerk EXHIBIT A TO RESOLUTION 2025-057 APPROVED AS TO FORM: Heather N.Jarvis,Assistant City Attorney FORT COLLINS,COLORADO,DOWNTOWN DEVELOPMENT AUTHORITY,a body corporate and politic By: David Lingle,Chair Date: AHEST: Cheryl A.Zimlich,Secretary EXHIBIT A TO RESOLUTION 2025-057 I Exhibit A I Vine &Jerome Intersection Improvements DDA Funding Amounts Within DDA Boundary *11 654 *13.668 *13.631 *6,093 *3,164 $2 179 $3,219 $2,179 *4.328 $2 904 *18 340 $1,125 $175 Item Enhanced Features of Base Intersection Improvements ROW Acquisition Property 1(50%of cost Property 2 (50%of cost Concrete Concrete Sidewa k (6’)10 ftw de Concrete Curb Ramp (Spec at 8’nctudes tapers and truncated domes) Cu b Type 2 (Secton B Electrical Two -2 Inch Electr cat Condu tfor Power &Sgna (T enched PVC) Two -2 Inch Etectr cat Condu t for Power &Sgna So ed PVC 2 nch [lectrcal Condu t -Power Source Pedestrian Push Button Post Assembly Pu LBox(18”x30”x18’Deep RRFBFIashngBe con Wayfinding and signage WayFnd gSgnage 4 PVC S eeve (6’o g -o s gn blockouts SubtotaL’EnhancedFeatures of Base intersection Improvements $82,659 DDA Urban Design Grant (Additional Enhancement) Decorarve enc ng a owance 135 F @ $412 pe ft.356 842 Des gn Consu t ng Serv ces $450 SubtotaL Design grant $61,342 Totatfunding recommendation $144,000