HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/20/2011 - RESOLUTION 2011-089 EXTENDING THE DEADLINE FOR THEDATE: September 20, 2011
STAFF: Rick Richter
AGENDA ITEM SUMMARY
FORT COLLINS CITY COUNCIL 20
SUBJECT
Resolution 2011-089 Extending the Deadline for the City and Town of Windsor to Take Certain Actions Required by
the Intergovernmental Agreement Pertaining to the Development of the Interstate 25/State Highway 392 Interchange.
EXECUTIVE SUMMARY
On December 21, 2010, the City Council approved an intergovernmental agreement with the Town of Windsor
pertaining to the development of the I-25 interchange at the intersection of State Highway 392. The IGA states that
the City and Windsor will take certain actions to implement the IGA by March 31, 2011. On March 15, 2011, Council
extended the deadline for all actions to be taken under Section 4.2.2, 4.3.1 and 4.3.8 of the IGA to June 7, 2011.
On May 17, 2011, the City Council adopted Resolution 2011-041, extending the deadline for staff of both municipalities
to complete their studies and public outreach until September 20, 2011. The staff of both municipalities recommend
that the September 20, 2011, deadline be further extended to December 6, 2011, in order to allow additional time to
complete their studies and public outreach and make their recommendations.
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 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, 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 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.
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 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. 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 and the Town 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,
September 20, 2011 -2- ITEM 20
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 and Windsor shall
each adopt mutually acceptable design standards for the CAC. Those standards, explained by Ordinance No. 036,
2011, were adopted by the Council on second reading on March 22, 2011.
The IGA originally set a deadline of March 31, 2011. On March 15, 2011, by adopting Resolution 2011-026, Council
extended the deadline for all actions to be taken under Section 4.2.2, 4.3.1 and 4.3.8 of the IGA to June 7, 2011. On
May 17, 2011, the City Council adopted Resolution 2011-041 extending the deadline for staff of both municipalities
to complete their studies and public outreach until September 20, 2011.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution. Staff from both municipalities recommend an extension of the deadline
within which these actions are to be taken in order to allow additional time to complete the study and public outreach
and make recommendations.
ATTACHMENTS
1. Location map
2. IGA between the City and Windsor
3. Resolution 2011-041
[_
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
ATTACHMENT 3
RESOLUTION 2011-089
OF THE COUNCIL OF THE CITY OF FORT COLLINS
FURTHER 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 2010-71; and
WHEREAS, the IGA was finalized and fully executed and dated as of January 3, 2011; and
WHEREAS, on March 15, 2011, the City Council adopted Resolution 2011-026 extending
the deadlines imposed by the IGA to June 7, 2011, to allow additional time for staff to finalize their
recommendations regarding the boundaries of the Corridor Activity Center (“CAC”) around the
Interchange, and to develop a list of improvements and services to funded by retailers within the
CAC through a public improvement fee that will be charged upon the sale of goods or services; and
WHEREAS, on May 17, 2011, the City Council adopted Resolution 2011-041 extending the
deadline for staff of both municipalities to complete their studies and public outreach until
September 20, 2011; and
WHEREAS, staff for the City and Windsor have nearly completed the work required by the
IGA but require a short extension to complete their work; and
WHEREAS, the staff of both municipalities have recommended that the September 20, 2011,
deadline be further extended in order to allow additional time to complete their studies and public
outreach and make their recommendations.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the deadline for all actions to be taken under the IGA by September 20, 2011, is
hereby extended to December 6, 2011.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 20th
day of September A.D. 2011.
Mayor
ATTEST:
Chief Deputy City Clerk
Attachment 1