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HomeMy WebLinkAbout037 - 04/19/2022 - APPROPRIATING PRIOR YEAR RESERVES AND AUTHORIZING TRANSFERS OF APPROPRIATIONS FOR THE MIDTOWN INFRASORDINANCE NO. 037, 2022 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RESERVES AND AUTHORIZING TRANSFERS OF APPROPRIATIONS FOR THE MIDTOWN INFRASTRUCTURE PROJECTS THIRTY PERCENT DESIGN PROJECT AND RELATED ART IN PUBLIC PLACES WHEREAS, the City Council adopted the Midtown Plan and the Midtown In Motion plan in 2013 and 2014, respectively, which provide a framework for addressing safety, mobility, and access concerns along South College Avenue from Prospect Road to Harmony Road; and WHEREAS, the Midtown Plan and the Midtown In Motion plan include a wide range of capital projects for which the City, through its Engineering Department and others, have been working on key improvements identified in these plans, namely addressing key intersections; and WHEREAS, the City plans to partner with the Midtown Business Improvement District ("MBID") to complete the "thirty percent design project" (the "Project"), as thirty percent design is the key threshold required to apply for Federal funding grants, so the City can compete for federal funding recently authorized by Congress' adoption of the federal Infrastructure Investment and Jobs Act (the "Infrastructure Act"); and WHEREAS, MBID already has allocated and contributed $200,000 toward the thirty percent design effort, but a total of $500,000 is required to complete the thirty percent design plan set; and WHEREAS, the proposed partnership with MBID provides a unique opportunity for the City to advance the goals of these plans between key intersections on South College Avenue by leveraging a public/private partnership with MBID and securing $200,000 of its funding for the mutual benefit of both the MBID ratepayers and the City of Fort Collins as a whole; and WHEREAS, the MBID corridor generates approximately twenty-one percent of the entire sales tax for the City, making the success of Midtown critical to the City's overall financial wellbeing; and WHEREAS, this partnership would help to fulfill the primary purpose of MBID - to advance improvements to the physical environment along South College to establish Midtown as a destination - while also leveraging City funds committed to improving the intersection at Drake and South College Avenue at a cost savings; and WHEREAS, the timing of this effort is critical to allow both MBID and the City to leverage resources outside of this community (federal, state, etc.), while allowing the City to align the Midtown Infrastructure Projects with the City's Budgeting for Outcomes process and preparing the City to submit grant requests for infrastructure funding coming through the Infrastructure Act; and WHEREAS, this appropriation benefits the public health, safety, and welfare of the residents of Fort Collins and serves the public purpose of improving transportation infrastructure within the City; and WHEREAS, Article V, Section 9 of the City Charter permits the City Council, upon the recommendation of the City Manager, to make supplemental appropriations 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 Interim City Manager has recommended the appropriations described herein and determined that these appropriations are available and previously unappropriated from the General Fund and the Transportation Capital Expansion Fee Fund, as applicable, and will not cause the total amount appropriated in the General Fund or the Transportation Capital Expansion Fee Fund, as applicable, to exceed the current estimate of actual and anticipated revenues and all other funds 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, this Project involves a construction project estimated to cost more than $250,000 and, as such, City Code Section 23-304 requires one percent of these appropriations to be transferred to the Cultural Services and Facilities Fund for a contribution to the Art in Public Places program ("APP Program"); and WHEREAS, City Code Section 23-302 defines "construction project" to include, among other costs, all design costs associated with the construction project; and WHEREAS, the Interim City Manager has recommended the transfer of $3,000 from the Capital Projects Fund to the Cultural Services & Facilities Fund and determined that the purpose for which the transferred funds are to be expended remains unchanged; and WHEREAS, Article V, Section 11 of the City Charter authorizes the City Council to designate in the ordinance when appropriating funds for a capital project that such appropriation shall not lapse at the end of the fiscal year in which the appropriation is made but continue until the completion of the capital project; and WHEREAS, the City Council wishes to designate the appropriation herein for the Midtown Infrastructure Projects Thirty Percent Design Project as an appropriation that shall not lapse until the completion of the Project; and -2- 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 prior year reserves in the General Fund the sum of ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000) to be expended in the General Fund for transfer to the Capital Projects Fund for the Midtown Infrastructure Projects Thirty Percent Design Project and appropriated therein. Section 3. That there is hereby appropriated from prior year reserves in the Transportation Capital Expansion Fee Fund the sum of ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000) to be expended in the Transportation Capital Expansion Fee Fund for transfer to the Capital Projects Fund for the Midtown Infrastructure Projects Thirty Percent Design Project and appropriated therein. Section 4. That the unexpended and unencumbered appropriated amount of TWO THOUSAND THREE HUNDRED FORTY DOLLARS ($2,340) in the Capital Projects Fund is hereby authorized for transfer to the Cultural Services and Facilities Fund and appropriated and expended therein to fund art projects under the APP Program. Section 5. That the unexpended and unencumbered appropriated amount of SIX HUNDRED DOLLARS ($600) in the Capital Projects Fund is authorized for transfer to the Cultural Services and Facilities Fund and appropriated and expended therein for the operation costs of the APP Program. Section 6. That the unexpended and unencumbered appropriated amount of SIXTY DOLLARS ($60) in the Capital Project Fund is authorized for transfer to the Cultural Services and Facilities Fund and appropriated and expended therein for the maintenance costs of the APP Program. Section 7. That the appropriation herein for the Midtown Infrastructure Projects Thirty Percent Design Project is hereby designated, as authorized in Article V, Section 11 of the City Charter, as an appropriation that shall not lapse at the end of this fiscal year but continue until the completion of the Project. -3- Introduced, considered favorably on first reading, and ordered April, A.D. 2022, and to be presented for final passage on the 19th day ATTEST: City Clerk Passed and adopted on ATTEST: City Clerk AL •, on the hed this 5th day of il, A.D. 2022. -4-