HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/21/2012 - RESOLUTION 2012-074 FURTHER EXTENDING THE DEADLINEDATE: August 21, 2012
STAFF: Rick Richter
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 26
SUBJECT
Resolution 2012-074 Further Extending the Deadline for the City of Fort Collins and Town of Windsor to take Certain
Actions Required by the Parties’ Intergovernmental Agreement Pertaining to the Development of the I-25/SH392
Interchange.
EXECUTIVE SUMMARY
On December 21, 2010, the City Council approved an intergovernmental agreement with the Town of Windsor (the
“IGA”) pertaining to the development of the I-25 interchange at the intersection of State Highway 392 (the
“Interchange”). The IGA states that, by March 31, 2011, the City and Windsor will take certain actions to implement
the IGA. City Council adopted several resolutions extending this deadline, the most recent extension being to August
21. 2012.
Staff of the Town of Windsor and the City continue to engage the public and affected property owners regarding the
implementation of the provisions of the IGA. The documents accomplishing the final implementation of the provisions
of the IGA are now in draft form and being reviewed by staff from both Fort Collins and Windsor. The documents
should be ready for approval by the Fort Collins City Council and the Windsor Town Board by October 2012.
The staff of both municipalities recommend that the August 21, 2012 deadline be extended in order to complete the
public outreach, draft necessary documents, and make their recommendations. The deadline for all actions to be
taken under the IGA by August 21, 2012 should be extended to October 16, 2012.
BACKGROUND / DISCUSSION
City Council and the Windsor Town Board held five joint work sessions to discuss the I-25 and State Highway 392
Interchange Improvements, System Level Study (1601 Process), and design. The System Level Study for this
interchange was approved by the Colorado Department of Transportation (CDOT) Transportation Commission on
January 21, 2009. This approval, along with a signed IGA, has allowed the Project to move into the final design phase.
The accelerated design process for this Project was completed in January 2010. The accelerated design process made
this Project “shovel ready,” thereby enhancing the possibility of obtaining funding for construction.
The design followed the intent of the guiding principles adopted by the City Council and the Town Board in August
2008, specifically the community character guiding principle that states:
“The I-25/392 Interchange is an important ‘gateway’ feature for both Fort Collins and Windsor. It is
viewed as Fort Collins’ southern gateway and the main gateway into the Town of Windsor. The design
of the Interchange, sensitivity to view sheds and associated land development, shall enhance the
gateway concept.”
The total construction and right of way cost for the Project is estimated at $27.5 million. On May 20, 2010, the Colorado
Transportation Commission authorized the allocation of $20 million for the construction of the Interchange. CDOT had
previously identified $2.5 million of state FASTER funds to be used for right of way acquisition. The funding gap of $5
million has been met by the local communities.
On December 21, 2010, the City Council adopted Resolution 2010-077 authorizing the Mayor to execute the IGA. The
primary purposes of the IGA are to set forth the respective financial contributions of the City of Fort Collins and
Windsor related to the reconstruction of the Interchange, to provide for orderly land use and development within the
area immediately surrounding the Interchange, to ensure that the property owners most directly benefitted by the
Interchange improvements proportionally share in the cost of the improvements, and to provide for a revenue sharing
formula between the City of Fort Collins and Windsor.
The IGA establishes a Corridor Activity Center (“CAC”) around the Interchange, within which certain land uses have
been agreed upon by the parties and two kinds of fees will be imposed to reimburse the City of Fort Collins and
August 21, 2012 -2- ITEM 26
Windsor for their financial contributions to the construction of the Interchange and to help fund the construction and
maintenance of improvements and services within the CAC. The first fee is a development impact fee that will be paid
by the property owners within the CAC. The proceeds from that fee will reimburse the City of Fort Collins and Windsor
for their share of the cost of constructing the Interchange ($2.5 million each). The second is a public improvement fee
(“PIF”) to be imposed by retailers within the CAC. The PIF revenues will be used primarily to pay for the maintenance
of the “enhanced improvements” to the Interchange that the Colorado Department of Transportation will not be
maintaining. In addition, the PIF revenues will be used to fund a list of improvements and services that the parties are
in the process of identifying, with the input of affected property owners, and that will primarily benefit the properties
within the CAC.
Section 3.2 of the IGA requires that, on or before March 31, 2011, the governing bodies of the City of Fort Collins and
Windsor shall each adopt acceptable design standards for the CAC. Those standards, explained by Ordinance No.
036, 2011, were adopted by the Council on the second reading on March 22, 2011.
The IGA originally set a deadline of March 31, 2011. The City Council subsequently adopted several resolutions
extending this deadline, the most recent extension being to August 21. 2012. Staff of both municipalities recommend
an additional extension of the deadline in order to allow additional time to complete the final review and adoption of
the provisions of the IGA. This Resolution will approve that extension.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
ATTACHMENTS
1. Location Map
2. Fort Collins - Windsor IGA
[_
I-25 & 392
Interchange
COUNTY ROAD 5
KECHTER
4TH
MAIN
MASON
COUNTY ROAD 7
COUNTY ROAD 3
COUNTY ROAD 30
BOARDWALK
BOYD LAKE
71ST
66TH
COUNTY ROAD 36
COUNTY ROAD 9
COUNTY ROAD 13
FAIRGROUNDS
COUNTY ROAD 11
COUNTY ROAD 11C
TROUTMAN
PRIVATE DRIVE
COUNTY ROAD 34E
65TH
TIMBERLINE
COUNTY ROAD 30
COUNTY ROAD 3
COUNTY ROAD 30
S SHIELDS ST
INTERSTATE 25
S COLLEGE AVE
E TRILBY RD
S COUNTY ROAD 5
E COUNTY ROAD 30
S LEMAY AVE
S TIMBERLINE RD
E HARMONY RD
CARPENTER RD
E COUNTY ROAD 32
KECHTER RD
ZIEGLER RD
W TRILBY RD
E COUNTY ROAD 38
STATE HIGHWAY 392
W HARMONY RD
MAIN ST
STRAUSS CABIN RD
S COUNTY ROAD 3F
S COUNTY ROAD 7
S US HIGHWAY 287
S L
EMAY AVE
E COUNTY ROAD 32
ZIEGLER RD
INTERSTATE 25
S TIMBERLINE RD
Legend
Fort Collins City Limits
Growth Management Area E
ATTACHMENT 2
S
tate Highway 392
E County Road 3
2
Interstate 25
Intersta
te 25
E County Road 30
E County Road 30
S County Road 5
F
o
s s i l C
r
e
e k R
e
s e r v
o
i r
0 0.05 0.1 0.2 0.3 0.4
Miles
1:21,327
0 0.1 0.2 0.4 0.6 0.8 Kilometers
I25 Corridor - State Activity HWY Center 392 Interchange (Exhibit A)
Scale
LandUse
Commercial
Employment
Boundary
CAC
Fort Collins GMA
Windsor GMA
Parcels
CITY GEOGRAPHIC These and were map OF not products FORT designed and INFORMATION COLLINS or all intended underlying for general data SYSTEM are use developed by members MAP for use of
PRODUCTS the by the public. City of The Fort City Collins makes for no its representation internal purposes or only,
warranty dimensions, as to contours, its accuracy, property timeliness, boundaries, or completeness, or placement and of location in particular, of any its map accuracy features in thereon.
labeling or THE displaying CITY OF FORT
COLLINS PARTICULAR MAKES PURPOSE, NO WARRANTY EXPRESSED OF MERCHANTABILITY OR IMPLIED, WITH OR RESPECT WARRANTY TO THESE FOR FITNESS MAP PRODUCTS OF USE FOR OR THE
UNDERLYING FAULTS, and assumes DATA. Any all responsibility users of these of map the use products, thereof, map and applications, further covenants or data, and accepts agrees them
to hold AS the IS, City WITH harmless ALL
from made and this against information all damage, available. loss, Independent or liability arising verification from any of all use data of contained this map product, herein should
in consideration be obtained of by the any City's users having of
these liability, products, whether or direct, underlying indirect, data. or consequential, The City disclaims, which and arises shall or not may be arise held from liable these for any
map and products all damage, or the loss, use thereof or
by any person or entity. Printed: November 17, 2010
RESOLUTION 2012-074
OF THE COUNCIL OF THE CITY OF FORT COLLINS
EXTENDING THE DEADLINE FOR THE CITY OF FORT COLLINS
AND THE TOWN OF WINDSOR TO TAKE CERTAIN ACTIONS
REQUIRED BY THE PARTIES' INTERGOVERNMENTAL AGREEMENT
PERTAINING TO THE DEVELOPMENT OF
THE INTERSTATE 25/STATE HIGHWAY 392 INTERCHANGE
WHEREAS, on December 21, 2010, the City Council adopted Resolution 2010-077
authorizing the Mayor to execute an intergovernmental agreement (the "IGA") with the Town of
Windsor ("Windsor") related to the reconstruction of the Interstate 25/State Highway 392
Interchange (the "Interchange"); and
WHEREAS, on December 13, 2010, the IGA was also approved by the Windsor Town Board
through the adoption of Resolution 2010-071; and
WHEREAS, the primary purposes of the IGA are to set forth the respective financial
contributions of the City and Windsor related to the reconstruction of the Interchange, to provide
for orderly land use and development within the area immediately surrounding the Interchange, to
ensure that the property owners most directly benefitted by the Interchange improvements
proportionally share in the cost of the improvements, and to provide for a revenue sharing formula
between the City and Windsor; and
WHEREAS, the IGA set a deadline of March 31, 2011 for the City and Windsor to receive
and approve certain additional agreements required by the IGA: and
WHEREAS, the City and Windsor have from time to time adopted resolutions extending this
deadline, the most recent extension being to August 15, 2012; and
WHEREAS, City staff and Windsor have continued to engage the public and the affected
property owners regarding the implementation of the provisions of the IGA; and
WHEREAS, the documents accomplishing the final implementation of the provisions of the
IGA are now in draft form and being reviewed by the City's legal counsel and the legal counsel for
Windsor and should be ready and available for approval by the City Council and the Windsor Town
Board within the next 60 days.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the City Council hereby extends from August 15, 2012 to October 16, 2012, the
deadline for all actions required to be taken under the IGA.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 21st
day of August A.D. 2012.
Mayor Pro Tem
ATTEST:
City Clerk
ATTACHMENT 1