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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 11/15/2011 - RESOLUTION 2011-102 FURTHER EXTENDING THE DEADLINEDATE: November 15, 2011 STAFF: Rick Richter AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 23 SUBJECT Resolution 2011-102 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. 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”). Staff for the City of Fort Collins and Town of Windsor has completed the work required by the Amended IGA but requires an extension to continue public outreach, to incorporate any input from the outreach, and to draft necessary documents for consideration by Council. The staff of both municipalities have recommended that the December 6, 2011, 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 Amended IGA by December 6, 2011, should be extended to April 3, 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 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 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. 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 March 22, 2011. November 15, 2011 -2- ITEM 23 The IGA originally set a deadline of March 31, 2011 to adopt the method of applying the development impact fee, addressing the public improvement fee and redefining the Corridor Activity Center bounders. This date was extended by three separate Council resolutions: On March 15, 2011 (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; May 17, 2011(Resolution 2011- 041) extended the deadline for staff of both municipalities to complete their studies and public outreach until September 20, 2011; and finally, September 20, 2011(Resolution 2011-089) extended the deadline for staff to complete their studies and public outreach until December 6, 2011. Staff continues to meet with the project stakeholders and work towards making a recommendation on the fee. Staff of both municipalities has recommended an additional extension of the deadline. This Resolution will approve that extension to April 3, 2012. STAFF RECOMMENDATION Staff recommends adoption of the Resolution. PUBLIC OUTREACH Staff of both municipalities held several stakeholder meetings in 2011; most recently on April 21, August 10, and October 27, 2011. ATTACHMENTS 1. Location Map 2. Fort Collins - Windsor IGA 3. Resolution 2011-089 [_ 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 2011-102 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, on September 20, 2011, the City Council adopted Resolution 2011-089 extending the deadline for staff of both municipalities to complete their studies and public outreach until December 6, 2011; and WHEREAS, staff for the City and Windsor have completed the work required by the IGA as amended but require an extension to continue public outreach and to address affected property owner concerns, to consider input from the public outreach and affected property owners, and to draft necessary documents for consideration by the City Council and Town Board; and WHEREAS, the staffs of both municipalities have recommended that the December 6, 2011, deadline be extended in order to allow additional time to fully discuss options with affected property owners and the public, draft necessary documents, 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 as amended by December 6, 2011, is hereby extended to April 3, 2012. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 15th day of November A.D. 2011. Mayor ATTEST: City Clerk ATTACHMENT 1