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HomeMy WebLinkAbout092 - 09/19/2017 - APPROPRIATING UNANTICIPATED GRANT REVENUE FROM THE COLORADO DEPARTMENT OF TRANSPORTATION, AND APPROP (2)ORDINANCE NO. 0923 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE FROM THE COLORADO DEPARTMENT OF TRANSPORTATION, AND APPROPRIATING UNANTICIPATED REVENUE FROM LARIMER COUNTY IN THE CAPITAL PROJECTS FUND FOR THE NORTH COLLEGE IMPROVEMENTS PROJECT- CANAL TO STATE HIGHWAY 1 PROJECT AND FOR TRANSFER FROM THE CAPITAL PROJECTS FUND TO THE CULTURAL SERVICES AND FACILITIES FUND FOR THE ART IN PUBLIC PLACES PROGRAM, AND APPROPRIATING RESERVES FROM THE CAPITAL EXPANSION FUND FOR TRANSFER TO THE CAPITAL PROJECTS FUND FOR THE NORTH COLLEGE IMPROVEMENTS PROJECT-CANAL TO STATE HIGHWAY 1 PROJECT AND FOR TRANSFER TO THE CULTURAL SERVICES AND FACILITIES FUND FOR THE ART IN PUBLIC PLACES PROGRAM WHEREAS, in 2012, the City was awarded federal Congestion Mitigation and Air Quality ("CMAQ") funds by the North Front Range Metropolitan Planning Organization NFRMPO") to initiate a project addressing the lack of pedestrian facilities along US Highway 287 between the City limits and State Highway 1 also known as the North College Improvements Project Canal to State Highway 1 Project (the "Project"); and WHEREAS, Resolution 2015-007 and Ordinance No. 009, 2015, approved the execution of an Intergovernmental Agreement between the City and CDOT and appropriation of$908,323 in federal and local matching funds for the Project; and WHEREAS, it was later determined that $908,323 was not adequate funding; and WHEREAS, Larimer County was subsequently approved for a federally funded category Transportation Alternatives Program ("TAP") grant through CDOT, in the amount of$648,000 for improvements in the areas within the Project; and i WHEREAS, Larimer County must provide matching funds for the TAP grant in the amount of$162,000; and WHEREAS, the City, the County and CDOT all agree that the City is best positioned to incorporate the TAP Grant into the Project by entering into an Intergovernmental Agreement (the IGA") with the County where the County will transfer the $162,000 local matching funds for the TAP Grant to the City and then the City will amend the existing Project IGA between the City and CDOT to incorporate the TAP Grant into the Project; and WHEREAS, pursuant to the above, the City Council has adopted Resolution 2017-063 and Resolution 2017-064 authorizing the City to enter into the necessary IGAs with CDOT and Larimer Country respectively, for the Project; and WHEREAS, City funding from the Transportation Capital Expansion Fee reserves are proposed to contribute $400,000 to the Project; and 1- WHEREAS, the purpose of this Ordinance is to appropriate unanticipated grant revenue and reserves of$1,210,000 for the design, property acquisition, and construction of the Project; and WHEREAS, Article V, Section 9, of the City Charter permits the City Council 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, City staff has determined that the appropriation of the revenue as described herein will not cause the total amount appropriated in the Capital Projects Fund to exceed the current estimate of actual and anticipated revenues to be received in those fund during any fiscal year; 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 Capital Expansion Fund; and 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; and WHEREAS, $648,000 of the project funds being appropriated in this Ordinance are ineligible for public art purposes, as Section 23-304 of the City Code otherwise requires, due to grant restrictions on the use of the funds; however, $562,000 of the project funds being appropriated are eligible for the 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. 2 Section 2. That there is hereby appropriated for expenditure from unanticipated grant revenue from CDOT in the Capital Projects Fund the sum of SIX HUNDRED FORTY-EIGHT THOUSAND DOLLARS ($648,000) for the Project. Section 3. That there is hereby appropriated for expenditure from unanticipated grant revenue from Larimer County in the Capital Projects Fund the sum of ONE HUNDRED SIXTY- TWO THOUSAND DOLLARS ($162,000) for the Project. Section 4. That there is hereby appropriated for expenditure from reserves in the Capital Expansion Fund for transfer to the Capital Projects Fund the sum of FOUR HUNDRED THOUSAND DOLLARS ($400,000) for the Project and appropriated therein. Section 5. That the unexpended appropriated amount of ONE THOUSAND TWO HUNDRED SIXTY FOUR DOLLARS ($1,264) in the Capital Projects Fund — North College . Improvements Project Canal to State Highway 1 Project and the unexpended appropriated amount of THREE THOUSAND ONE HUNDRED TWENTY DOLLARS ($3,120) in the Capital Expansion Fund is authorized for transfer to the Cultural Services and Facilities Fund and appropriated therein for Art in Public Places projects. Section 6. That the unexpended appropriated amount of THREE HUNDRED FIFTY SIX DOLLARS ($356) in the Capital Projects Fund — North College Improvements Project Canal to State Highway 1 Project and the unexpended appropriated amount of EIGHT HUNDRED EIGHTY ($880) in the Capital Expansion Fund 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 5th day of September, A.D. 201,7, and to be presented for final passage on the 19th day of September, A.D. 2017. Mayor ATTEST: y pF FART 0 De p y Ci Clerk ADO 3- Passed and adopted on final reading on the 19th day of September, A.D. 2017. M ATTEST: OF e rCO Interi City Clerk U' SEAL•- OLoft 0 i 4- n C. Account #:FTC-003160 55:AFFIDAVIT OF PUBLICATION COUNTY OF LARIMER 1,being duly sworn,deposes and says that said is the legal clerk of the Fort Collins Coloradoan;that the same is a daily newspaper of general circulation and printed and published in the City of Fort Collins,in said county and state;that the notice or advertisement,of which the annexed is a true copy,has been published in said daily newspaper for 1 Day; that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice,and in the newspaper proper and not in a supplement thereof~ that the first publication of said notice was contained in the issue of said newspaper on Sunday,September 10,2017 that the last publication thereof was contained in the issue of said newspaper on Sunday,September 10,2017 that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the period of at least six months next prior to the first publication of said notice or advertisement above referred to;that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3,1879,or any amendments thereof;and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. Legal Clerk Subscribed and sworn to before me,within the Coun IP LADONINA MARY LAMAR Monday,September 11,2017 TARY PUBLIC -STATE OF COLO RADQ~ My Iden~tication #20154035099MyCommissionexpiresSeptember3,2019 Expires September 3,2019 CITY OF FC-CLERK-LEGALS 300 LAPORTE AVE FORT COLLINS,CO 80521 Affidavit Prepared Monday,Seplei,,ber 11,2017 11:06 am F OWI~COLLIN S STATE OF COLORADO Invoice Text NOTICE IS HEREBY GIVEN that the Fort Collins City Council,on Delivered to: se IL Notary rublie Legal No.0002390862 THE CULTURAL SERVICES AND PA CILITIES FUND FOR THE ART IN ORDINANCE NO 124,2017 PUBLIC PLACES PROGRAM,AND OF THE COUNCIL OF THE CITY OF APPROPRIATING RESERVES FROM FORT COLLINS THE CAPITAL EXPANSION FUND AMENDING THE ZONING MAP OF FOR TRANSFER TO THE CAPITAL THE CITY OF FORT COLLINS PROJECTS FUND FOR THE NORTH AND CLASSIFYING FOR ZONING COLLEGE IMPROVEMENTS PURPOSES THE PROPERTY PROJECTCANAL TO STATE HIGH INCLUDED IN THE NEWTON WAY I PROJECT AND FOR TRANS SECONDANNEXATIONTOTHE FER TO THE CULTURAL SERVICES CITY OF FORT COLLINS,COLORADO, AND FACILITIES FUND FOR THE AND APPROVING ART IN PUBLIC PLACES PROGRAM CORRESPONDING CHANGES TO THESIGNDISTRICTMAP ORDINANCE NO 093,2011 —OF THE COUNCIL OF THE CITY OF ORDINANCE NO 125,2017 FORT COLLINS OF THE COUNCIL OF THE CITY OF APPROPRIATING UNANTICIPATED ~ORTCOLUN~ GRANT REVENUE FROM THE DESIGNATING THE NORTH FRONT RANGE METROPOLI’MCCARTY/SHEELY/DREHER PROP’ TAN PLANNING ORGANIZATION IN ERTY, THE CAPITAL PROJECTS FUND FOR 1300 WEST MOUNTAIN AVENUE, THE HORSETOOTH ROAD AND FORT COLLINS,COLORADO, COLLEGE AVENUE INTERSECTION AS A FORT COLLINS LANDMARK IMPROVEMENTS PROJECT PURSUANT TO CHAPTER 14 ORDINANCE NO 108,2017 OF THE CODE OF THE CITY OF OF THE COUNCIL OF THE CITY OF FORTCOLLINS FORT COLLINS ORDINANCE NO 126,2017 AUTHORIZING THE ACQUISITION BY OF THE COUNCIL OF THE CITY OF EMINENT DOMAIN FORT COLLINS OF CERTAIN LANDS NECESSARY TO AUTHORIZING THE CONVEYANCE CONSTRUCT OF A PERMANENT UTILITY EASE- PUBLIC IMPROVEMENTS IN CON-MENT NECTION WITH THE NORTH AND A TEMPORARY CONSTRUCTION COLLEGE IMPROVEMENTS EASEMENT ON CITY PROPERTY PROJECT CANAL TO STATE HIGH-LOCATED AT 625 9TH STREET TO WAY 1 PUBLIC SERVICE COMPANY OFCOLORADO ORDINANCE NO 113,2017 ORDINANCE NO 127,2017 OF THE COUNCIL OF THE CITY OF OF THE COUNCIL OF THE CITY OF FORT COLLINS FORT COLLINS AMENDING CHAPTER 2,ARTICLE AMENDING CHAPTER 15 OF THE III,DIVISION 12,SECTION 2203 CODE OF THE CITY OF FORT OF THE CODE OF THE CITY OF COLLINS REGARDING SHORT TERM FORT COLLINS TO UPDATE RENTL LICENSING REGULATIONS THE FUNCTIONS OF THE CULTURAL ORDINANCE NO 128,2017 RESOURCES BOARD OF THE COUNCIL OF THE CITY OF ORDINANCE NO 119,2017 FORT COLLINS OF THE COUNCIL OF THE CITY OF AMENDING THE CITY OF FORT FORT COLLINS COLLINS LAND USE CODE APPROPRIATING PRIOR YEAR RE’SHORT TERM RENTAL REGULA SERVES IN ANTICIPATION OF TIONS GRANT REVENUE FROM’THE AMENDING THE CITY OF FORT STATE OF COLORADO DEPART-COLLINS LAND USE CODE MENT OF HOMELAND SECURITY SHORT TERM RENTAL REGULA’ OFFICE OF EMERGENCY MANAGE-TIONS MENT AND AUTHORIZING A TRANS The full text of these ordinanCes con be FER TO THE CULTURAL SERVICES found at http //fCOOV coniJPUbIlCnOtiCeS FUND FOR THE ART IN PUBLIC or by calling the Cdv Clerks Office at PLACES PROGRAM FOR THE 970221 6615MULBERRY/I~IVERSIDEIMYRTLE 0002390862 STORM SEWER PROJECT FORT COLLINS COLORADOANPUBSEPT1OTH2017 ORDINANCE NO 121,2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING THE PROPERTY KNOWN —————~—AS THE NEWTON FIRST NOTICE IS HEREBY GIVEN ANNEXATION TO THE CITY OF that the Fort CollIns City Council,on FORT COLLINS,COLORADD TuesdOvi September 5,2017,passed ond ORDINANCE NO 122,2017 adopted the following ordinonCeS on tirst OF THE COUNCIL OF THE CITY OF reoding These ordinances will be pro’FORT COLLINS sented for final possoge on September ~~d~YOFFORT~OLLINS OF ORDINANCE NO 092 2017 AND CLASSIFYING FOR ZONING OF THE COIJNCI 0 H T PURPOSES THE PROPERTY FORT COLLINS INCLUDEDIN THE NEWTON FIRST APPROPRIATING UNANTICIPATED ANNEXATION TO THE GRANT REVENUE FROM THE CITY OF FORT COLLINS,COLORADO, COLORADO DEPARTMENT OF ANDAPPROVING TRANSPORTATION,AND APPROPRI CORRESPONDING CHANGES TO THE ATING UNANTICIPATED REVENUE SIGN DISTRICT MAP FROM LARIMER COUNTY IN THE ORDINANCE NO 123,2017 CAPITAL OF THE COUNCIL OF THE CITY OF PROJECTS FUND FOR THE NORTH FORT COLLINSIMPROVEMENTS~KNOWN CANAL TO STATE HIGHWAY 1 PROJ’ANNEXATION TO THE CITY OF ECT AND FOR TRANSFER FROM FORT COLLINS,COLORADO THE CAPITAL PROJECTS FUND TO C)C Account #:FTC-003160 FORT•COLLINS NOTICE IS HEREBY GIVEN that the Fort Collins City Council,on ‘1 STATE OF COLORADO ss:AFFIDAVIT OF PUBLICATION COUNTY OF LARIMER 1,being duly sworn,deposes and says that said is the legal clerk of the Fort Collins Coloradoan;that the same is a daily newspaper of general circulation and printed and published in the City of Fort Collins,in said county and state;that the notice or advertisement of which the annexed is a true copy,has been published in said daily newspaper for 1 Day; that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice,and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the issue of said newspaper on Sunday,September 24,2017 that the last publication thereof was contained in the issue of said newspaper on Sunday,September 24,2017 that said Fort Collins Coloradoan has been published continuously and uninterruptedly during the period of at least six months next prior to the first publication of said notice or adverlisement above referred to;that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3,1879,or any amendments thereof;and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. ~~~erk Subscribed and sworn to before me,within the County of Larimer,State of Colorado this LADONNA MARY LAMARMonday,September 25,2017 NOTARY PUBLIC.STATEOFCOLORADO My Commission expires September 3,2019 Myidontfficaflon#20154035099 2 —Notary Public Legal No.0002421346 Delivered to: CITY OF FC-CLERK-LEGALS 300 LAPORTE AVE Affidavit PreparedMonday,September 25,2017FORTCOLLINS,CO 80521 (0:44 am NOTICE IS HEREBY GIVEN that the Fort Collins City Council,on Tuesday, September 19,2017,passed and adopted the following ordinances on second reading: ORDINANCE NO.092,2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE FROM THE COLORADO DEPARTMENT OF TRANSPORTATION,AND APPROPRI TING UNANTIC PATED REVENUE -- FROM LAR COUNTY IN THE CORRESPONDING CHANGES TOT found at hOOP //fcgav can,/publlcnOtlces CAPITAL \_J SIGN DISTRICT MAP or by calling the City Clerk’s Office at PROJECTS FUND FOR THE NORTH DIN CE 0 1 2017 ‘970 221 6515 COLLEGE IMPROVEMENTS OF THE COUNCIL OF TilE CITY OF 0002421346 CANAL TO STATE HIGHWAY 1 PROJ FORT COLLINS Far Collins Colarodoan ECT AND FOR TRANSFER FROM -ANNEXING THE PROPERTY KNOWN Sept 24th 2017 THE CAPITAL PROJECTS FUND TO AS THE NEWTON SECOND THE CULTURAL SERVICES AND FA-ANNEXATION TO THE CITY OF CILITIES FUND FOR THE ART IN FORT COLLINS,COLORADO PUBLIC PLACES PROGRAM,AND APPROPRIATING RESERVES FROM ORDINANCE NO 124,2017 THE CAPITAL EXPANSION FUND OF THE COUNCIL OF THE CITY OF FOR TRANSFER TO THE CAPITAL FORT COLLINS PROJECTS FUND FOR THE NORTH AMENDING THE ZONING MAP OF COLLEGE IMPROVEMENTS THE CITY OF FORT COLLINS PROJECT CANAL TO STATE HIGH AND CLASSIFYING FOR ZONING WAY 1 PROJECT AND FOR TRAHS PURPOSES THE PROPERTY FER TO THE CULTURAL SERVICES INCLUDED IN THE NEWTON AND FACILITIES FUND FOR THE SECOND ANNEXATION TO THE ART IN PUBLIC PLACES PROGRAM CITY OF FORT COLLINS,COLORADO, CORRESPONDING CHANGES TO THE SIGN DISTRICT MAP ORDINANCE NO 125,2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS DESIGNATING THE MCcARTY/SHEELY/DREHER PROP ERTY, 1300 WEST MOUNTAIN AVENUE, FORT COLLINS,COLORADO, AS A FORT COLLINS LANDMARK PURSUANT TO CHAPTER 14 OF THE CODE OF THE CITY OF FORT COLLINS ORDtNANCE NO 126,9017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE CONVEYANCE OF A PERMANENT UTILITY EASE MENT AND A TEMPORARY CONSTRUCTION EASEMENT ON CITY PROPERTY LOCATED AT 625 9TH STREET TO PUBLIC SERVICE COMPANY OF CO LO RAOO ORDINANCE NO 127,2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 15 OF THE CODE OF THE CITY OF FORT COLLINS REGARDING SHORT TERM RENTAL LICENSING REGULATIONS ORDINANCE NO 120,2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE CITY OF FORT COLLINS LAND USE CODE SHORT TERM RENTAL REGULA TIONS AMENDING THE CITY OF FORT COLLINS LAND USE CODE SHORT TERM RENTAL REGULA TIONS The full text of these ordinances con be ORDINANCE NO 093,2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTICIPATED GRANT REVENUE FROM THE NORTH FRONT RANGE METROFOLI TAN PLANNING ORGANIZATION IN THE CAPITAL PROJECTS FUND FOR THE HORSETOOTH ROAD AND COLLEGE AVENUE INTERSECTION IMPROVEMENTS PROJECT ORDINANCE NO 104 2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING UNANTiCIPATED REVENUE IN THE CAPITAL PROJ ECTS FUND AND APPROPRIATING PRIOR YEAR RESERVES IN THE GENERAL FUND FOR TRANSFER TO THE CAPITAL PROJECTS FUND FOR CONSTRUCTION OF THE FINAL FIVE ACRES OF THE GARDENS ON SPRING CREEK PROJECT AND TRANSFERRING APPROPRIATIONS i TO THE CULTURAL SERVICES ANDFACILITIESFUND FOR THE ART IN PUBLIC PLACES PROGRAM ORDINANCE NO 108,2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN LANDS NECESSARY TO CONSTRUCT PUBLIC IMPROVEMENTS IN CON NECTION WITH THE NORTH COLLEGE IMPROVEMENTS PROJECT CANAL TO STATE HIGH WAY 1 ORDINANCE NO 113,2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 2,ARTICLE III,DIVISION 12,SECTION 2203 OF THE CODE OF THE CITY OF FORT COLLINS TO UPDATE THE FUNCTIONS OF THE CULTURAL RESOURCES BOARD ORDINANCE NO lie,2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS MODIFYING ORDINANCE NO 074, 2016,WHICH MODIFIED THE APRIL 7,2016 PLANNING AND ZONING BOARD DECISION APPROVING THE MAJOR AMENDMENT TO THE CENTRE FOR ADVANCED TECHNOL OGY 22nd FILING,COMMUNITY HOR TICULTURE CENTER,#MJA 150006 PERTAINING TO THE GARDENS ON SPRING CREEK TO REMOVE TWO CONDITIONS,SPECIFICALLY THE WEST SOUND WALL AND CENTRAL OVERRIDE COMPONENT OF THE SOUND SYSTEM ORDINANCE NO 119.2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROPRIATING PRIOR YEAR RE SERVES IN ANTICIPATION OF GRANT REVENUE FROM THE STATE OF COLORADO DEPART MENT OF HOMELAND SECURITY OFFICE OF EMERGENCY MANAGE MENT AND AUTHORIZING A TRANS FER TO THE CULTURAL SERVICES FUND FOR THE ART IN PUBLIC PLACES PROGRAM FOR THE MULBERRY/RIVERSIDE/MYRTLE STORM SEWER PROJECT ORDINANCE NO 121,2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS ANNEXING THE PROPERTY KNOWN AS THE NEWTON FIRST ANNEXATION TO THE CITY OF FORT COLLINS,COLORADO ORDINANCE NO 122,2017 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDEDIN THE NEWTON FIRST ANNEXATION TO THE CITY OF FORT COLLINS COLORADO. AND APPROVING