HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/07/2013 - SECOND READING OF ORDINANCE NO. 062, 2013, APPROVIDATE: May 7, 2013
STAFF: Rick Richter
John Voss
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 11
SUBJECT
Second Reading of Ordinance No. 062, 2013, Approving an Intergovernmental Agreement Amending Certain
Provisions of the First Amended Intergovernmental Agreement Pertaining to the Development of the Interstate
25/State Highway 392 Interchange.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on April 16, 2013, approves an amendment to the
Intergovernmental Agreement (IGA) between the City of Fort Collins and the Town of Windsor regarding the I-25/SH
392 Interchange.
The First Amended IGA became effective on November 27, 2012. The IGA provides that Windsor and Fort Collins
will annually share property and sales tax revenue generated in the area surrounding the I-25/ SH 392 Interchange
(the CAC). The amount to be shared is the amount of increased taxes in the CAC beyond the amount collected in
the base year. The IGA provided that the base year would be the revenues collected in the year 2012, the year the
IGA became effective.
In discussions with the Town of Windsor, it was concluded that it would be more equitable if the base year for the
increment calculation was 2010 rather than 2012. The tax revenues were reduced by as much as 25% in 2011 and
2012, since construction of the interchange was ongoing during that year. 2010 was the last year of tax revenues
before construction began, and as such, would be a more accurate reflection of tax revenues for the purpose of
determining increased increments to be divided.
A similar Ordinance was adopted by the Windsor Town Board on Second Reading on March 25, 2013.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on Second Reading.
ATTACHMENTS
1. Copy of First Reading Agenda Item Summary - April 16, 2013
(w/o attachments)
COPY
COPY
COPY
ATTACHMENT 1
DATE: April 16, 2013
STAFF: Rick Richter
John Voss
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 14
SUBJECT
First Reading of Ordinance No. 062, 2013, Approving an Intergovernmental Agreement Amending Certain Provisions
of the First Amended Intergovernmental Agreement Pertaining to the Development of the Interstate 25/State Highway
392 Interchange.
EXECUTIVE SUMMARY
This Ordinance approves an amendment to the Intergovernmental Agreement (IGA) between the City of Fort Collins
and the Town of Windsor regarding the I-25/SH 392 Interchange.
The First Amended IGA became effective on November 27, 2012. The IGA provides that Windsor and Fort Collins
will annually share property and sales tax revenue generated in the area surrounding the I-25/ SH 392 Interchange
(the CAC). The amount to be shared is the amount of increased taxes in the CAC beyond the amount collected in
the base year. The IGA provided that the base year would be the revenues collected in the year 2012, the year the
IGA became effective.
In discussions with the Town of Windsor, it was concluded that it would be more equitable if the base year for the
increment calculation was 2010 rather than 2012. The tax revenues were reduced by as much as 25% in 2011 and
2012, since construction of the interchange was ongoing during that year. 2010 was the last year of tax revenues
before construction began, and as such, would be a more accurate reflection of tax revenues for the purpose of
determining increased increments to be divided.
A similar Ordinance was adopted by the Windsor Town Board on Second Reading on March 25, 2013.
BACKGROUND / DISCUSSION
City Council and the Windsor Town Board held five joint work sessions to discuss the Interstate 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, 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 viewsheds 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 was met by the local communities.
On December 21, 2010, Council adopted Resolution 2010-077, authorizing the Mayor to execute the IGA. The primary
purposes of the IGA were 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.
COPY
COPY
COPY
April 16, 2013 -2- ITEM 14
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
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.
In November 2012, the City and Town adopted the First Amended IGA. The IGA provides that Windsor and Fort
Collins will annually share property and sales tax revenue generated in the area surrounding the I-25/SH 392
Interchange (the CAC). The amount to be shared is the amount of increased taxes in the CAC beyond the amount
collected in the base year. The IGA provided that the base year would be the revenues collected in the year 2012, the
year the IGA became effective.
In discussions with the Town of Windsor, it was concluded that it would be more equitable if the base year for the
increment calculation was 2010 rather than 2012. The tax revenues were reduced by as much as 25% in 2011 and
2012, since construction of the interchange was on-going during that year. 2010 was the last year of tax revenues
before construction began, and as such, would be a more accurate reflection of tax revenues for the purpose of
determining increased increments to be divided.
The amended IGA revises sections 1.14, 1.16 and 5.1.4, and provides that the base year for the calculation of sales
and property tax sharing shall be 2010.
FINANCIAL / ECONOMIC IMPACTS
Staff has determined it would be more equitable if the base year for the increment calculation was 2010 rather than
2012. The tax revenues were reduced by as much as 25% in 2011 and 2012, since construction of the interchange
was on-going during that year. 2010 was the last year of tax revenues before construction began as and such, would
be a more accurate reflection of tax revenues for the purpose of determining increased increments to be divided.
ENVIRONMENTAL IMPACTS
In 2008, the Fort Collins City Council and the Windsor Town Board adopted Joint Principles by resolution; the
environmental sustainability language below was part of those Principles.
Environmental Sustainability/Resource Protection: Ensure that interchange improvements occur
in such a way that it minimizes environmental impacts to the greatest extent possible and protects
the physical and natural environment in and around the interchange including but not limited to the
Fossil Creek Reservoir Area.
Subsequently, the City of Fort Collins and Town of Windsor have jointly agreed that the Project will mitigate wetland
impacts at a 3:1 ratio, this meaning that the estimated 0.4 acres of impacts from the Project will be mitigated with the
creation of 1.2 acres of new wetlands.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
PUBLIC OUTREACH
Staff of both municipalities held several stakeholder meetings, as well as numerous individual meeting with stakeholder
representatives.
ATTACHMENTS
1. First Amended Intergovernmental Agreement
2. Vicinity Map
ORDINANCE NO. 062, 2013
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING AN INTERGOVERNMENTAL AGREEMENT AMENDING CERTAIN
PROVISIONS OF THE FIRST AMENDED INTERGOVERNMENTAL AGREEMENT
PERTAINING TO THE DEVELOPMENT OF THE
INTERSTATE 25/STATE HIGHWAY 392 INTERCHANGE
WHEREAS, on or about November 27, 2012, the City and the Town of Windsor (the
“Town”) entered into the First Amended Intergovernmental Agreement (the “First Amended IGA”)
setting forth certain understandings between the City and the Town with regard to the development
of the Interstate 25/State Highway 392 Interchange; and
WHEREAS, pursuant to the provisions of the First Amended IGA, representatives of the City
and the Town recently met to establish procedures for the implementation of the provisions of the
First Amended IGA; and
WHEREAS as a result of the meeting between the representatives of the City and the Town
it became apparent that further amendments to the First Amended IGA were required to fully
implement the intention of the parties as set forth therein; and
WHEREAS, another intergovernmental agreement reciting those amendments and providing
for the amendment of the First Amended IGA has been prepared and is attached hereto as Exhibit
“A” and incorporated herein by this reference; and
WHEREAS, the City Council believes that approval of the changes recommended by City
staff are in the best interests of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Mayor is hereby authorized to execute an Intergovernmental Agreement
Amending Certain Provisions of the First Amended Intergovernmental Agreement Pertaining to the
Development of the Interstate 25/State Highway 392 Interchange in substantially the form attached
hereto as Exhibit “A,” with such additions or modifications 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 Ordinance.
Introduced, considered favorably on first reading, and ordered published this 16th day of
April, A.D. 2013, and to be presented for final passage on the 7th day of May, A.D. 2013.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on the 7th day of May, A.D. 2013.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
1
INTERGOVERNMENTAL AGREEMENT AMENDING CERTAIN
PROVISIONS OF THE FIRST AMENDED INTERGOVERNMENTAL
AGREEMENT PERTAINING TO THE DEVELOPMENT OF THE
INTERSTATE 25/STATE HIGHWAY 392 INTERCHANGE
THIS AGREEMENT is entered into this day of , 2013, by
and between the City of Fort Collins, Colorado, a Colorado home rule municipality (the
“City”), and the Town of Windsor, Colorado, a Colorado home rule municipality (the
“Town”), collectively referred to herein as the “Parties”.
RECITALS
WHEREAS, on or about January 3, 2011, the City and the Town entered into an
Intergovernmental Agreement (“the Original Agreement”) setting forth certain
understandings between the City and the Town with regard to the development of the
Interstate 25/State Highway 392 Interchange; and
WHEREAS, on or about November 27, 2012 the City and the Town entered into a
First Amended Intergovernmental Agreement (“the First Amended IGA”) thereby
approving a number of changes to the Original Agreement; and
WHEREAS, pursuant to the provisions of the First Amended IGA, representatives
of the City and the Town recently met to establish procedures for the implementation of
the provisions of the First Amended IGA; and
WHEREAS, as a result of the meeting between the representatives of the City and
the Town it became apparent that further amendments to the First Amended IGA were
required to fully implement the intention of the parties as set forth therein; and
WHEREAS, this Intergovernmental Agreement reflects the amendments agreed
to by the City and the Town; and
WHEREAS, the Colorado Constitution, Section 29-20-101 et seq., of the
Colorado Revised Statutes, and the home rule charters of both the City and Town
authorize the City and the Town to enter into mutually binding and enforceable
agreements regarding the joint exercise of planning, zoning and related powers as those
powers are exercised in the provisions of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants herein
contained and other good and valuable consideration, the receipt and adequacy of which
is hereby acknowledged, the Parties hereto agree as follows:
Exhibit A
Page 2 of 5
1. Amendment of Section 1 of the First Amended IGA. Section 1 of the First
Amended IGA is hereby amended as follows:
SECTION 1. DEFINITIONS
In this Agreement, unless a different meaning clearly appears from the context,
the following definitions shall apply:
1.1. “Agreement” means this First Amended Intergovernmental Agreement and
attachments hereto.
1.2. “City” means the City of Fort Collins, Colorado.
1.3. “CDOT” means the Colorado Department of Transportation.
1.4. “Corridor Activity Center” or “CAC” means that joint planning area referred to
above and more fully described on Exhibit “A,” attached hereto and incorporated herein
by this reference.
1.5. “Developable Land” means that portion of each parcel of real property within the
CAC upon which buildings, infrastructure or other improvements may lawfully be
constructed, taking into consideration the physical characteristics of the property and all
applicable state and local laws and regulations.
1.6. “Development Proposal” means an application for the development of a parcel of
land within the CAC.
1.7. “Effective Date” means the date that the last party signs this Agreement, or ten
days after the final approval by the last governing board of the City or Town.
1.8. “Enhanced Improvements” means any improvements within the vicinity of the
Interchange that are deemed necessary or appropriate by the governing bodies of the City
and the Town, which improvements shall be constructed and maintained by the City and
the Town.
1.9. “Foster Study” means the report prepared by Foster Valuation Company, LLC,
attached hereto as Exhibit “B”
1.10. “Interchange” means the Interstate 25 and State Highway 392 interchange.
1.11. “Original Agreement” means the Intergovernmental Agreement between the City
and the Town dated January 3, 2011.
1.12. “Project” means the construction by CDOT of a new Interchange at Interstate
Highway 25 and Colorado State Highway 392.
Page 3 of 5
1.13. “Property Owner” shall mean and include the current and any future fee owner of
a CAC property.
1.14. “Property Tax Increment” means the net new revenue generated by property taxes
on real property located within the boundaries of the CAC, using as the baseline a base
rate of 9.797 mils, as applied to the assessed valuation developed by Larimer County. For
purposes of this First Amended IGA the baseline year for the purposes of calculating the
Property Tax Increment shall be the calendar year 2010.
1.15. “Redevelopment Proposal” means an application for the redevelopment of a
previously developed parcel of land within the CAC.
1.16. “Sales Tax Increment” means the net new sales tax revenues generated by sales
within the boundaries of the CAC, using as the baseline a base rate of 2.25%. The sales
tax revenue amount for the purposes of establishing the Sales Tax Increment shall be the
amount of sales tax revenue for calendar year 2010.
1.17. “Town” means the Town of Windsor, Colorado.
2. Amendment of Section 5 of the First Amended IGA. Section 5 of the First
Amended IGA is hereby amended as follows:
SECTION 5. REVENUE SHARING
5.1. Terms and Conditions. The Parties shall, pursuant to the following terms and
conditions, share the Property Tax Increment and Sales Tax Increment generated by
properties and businesses located within the boundaries of the CAC.
5.1.1 All tax revenues generated by the Property Tax Increment and Sales Tax
Increment shall be deposited by each Party in a separate account and shall
not be intermingled with any other funds of that Party.
5.1.2 Sixty-five percent (65%) of the Property and Sales Tax Increment
revenues generated in the CAC shall be retained by each Party for use as
that Party sees fit. The remaining thirty-fix percent (35%) of such
revenues shall be transferred to the other Party within sixty (60) days of
December 31 of each year. Annual statements showing calendar year total
receipts of all such revenues from each of the Property Owners and
retailers within the CAC shall be shared with the other Party within thirty
(30) days of December 31 of each year, and the Parties agree that these
statements are being disclosed solely for tax-related purposes and are
therefor to remain confidential.
5.1.3 Any interest earned on deposits in the account described in Section 5.1.1
above shall remain the property of the Party that collected the revenue
upon which the interest was earned and shall not be shared.
Page 4 of 5
5.1.4 For the purposes of establishing the baseline amount of property and sales
tax revenue increments that shall be subject to the revenue sharing
provisions of this First Amended IGA, the parties agree that the amount of
such revenues for the calendar year 2010 shall control.
5.1.5 Any increase or decrease in the sales or property tax rates of either the
City or the Town shall not affect the Property Tax Increment or the Sales
Tax Increment due from the City or the Town for the revenue sharing
purposes of this Section.
5.1.6 In the event either the City or the Town creates one or more exemptions
from sales taxes or property taxes, and such exemption(s) results in a
reduction in the amount of revenue collected by such Party in the CAC,
the Party creating the exemption(s) shall include the exempted amount in
its calculation of the amount of Property and Sales Tax Increment revenue
that is due to the other Party under this Section as if the exemption(s) had
not been created.
5.1.7 To the extent permitted by law, this sharing of revenues shall continue in
perpetuity.
5.2. Cooperation in Attracting New Development. The Parties acknowledge and agree
that they may need to cooperate in an effort to attract desirable development. Nothing
herein shall preclude the Parties from entering into a subsequent agreement modifying the
within Section and creating incentives for development in the CAC beneficial to both
Parties. This shall include, but shall not be limited to, an agreement to reduce or
eliminate the revenue sources identified in this Section. Any such agreement shall be in
writing and set forth the terms under which a modification of this Section will occur.
5.3. Bonding. Nothing in this Agreement is intended to restrict either Party from
being able to utilize its sixty-five percent (65%) share of the Property Tax Increment
revenue and Sales and Use Tax Increment revenue as collateral or use in underwriting
any bond, note, debenture, or other municipal borrowing.
3. Limitation of Amendments. Except as specifically amended by the provisions of
this Intergovernmental Agreement, all those provisions adopted by the City and the Town
in the First Amended IGA shall remain in full force and effect
Page 5 of 5
Approved as to Form: CITY OF FORT COLLINS
________________________________ ______________________________
City Attorney Mayor
ATTEST:
_________________________________
City Clerk
TOWN OF WINDSOR
______________________________
Mayor
ATTEST:
___________________________________
Town Clerk