HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 12/06/2016 - RESOLUTION 2016-090 AUTHORIZING THE EXECUTION OF AAgenda Item 8
Item # 8 Page 1
AGENDA ITEM SUMMARY December 6, 2016
City Council
STAFF
Rick Richter, Director of Infrastructure Services
SUBJECT
Resolution 2016-090 Authorizing the Execution of an Intergovernmental Agreement Between the City of Fort
Collins and the Town of Timnath Defining the Responsibility for the Future Construction of Larimer County
Road 5/Main Street Adjacent to Serratoga Falls Subdivision.
EXECUTIVE SUMMARY
The purpose of this item is to authorize the Mayor to execute an Intergovernmental Agreement (IGA) with the
Town of Timnath defining the responsibility for the future construction of Main Street/CR5 adjacent to
Serratoga Falls Subdivision. Timnath approved Serratoga Falls Subdivision along, and immediately adjacent
to, Main Street/Larimer County Road 5, north of Prospect Road. Timnath entered into a Subdivision
Improvement Agreement with the developers of Serratoga Falls requiring the Developers to improve Main
Street/CR5 per the Timnath Land Development Code. Portions of Main Street/CR5 lie within Timnath’s
jurisdiction, and portions lie within Fort Collins’ jurisdiction. Both the Town and the City seek to have Main
Street/CR5 improved to comparable standards and cross-sections for an ultimate four lane arterial.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
In 2015 the Town of Timnath received a development proposal for a parcel of land that is in the Timnath
jurisdiction but abutting Main Street/County Road 5 that is in the Fort Collins city limits. As part of the
development review by both the City and the Town, it was determined that the design standards and the
funding of the ultimate improvements needed to be defined. If the development was within the City, a
Development Agreement between the City and the developer would have been drafted for approval. In this
case, the development is under Timnath’s jurisdiction so the City is unable to enforce a Development
Agreement. City staff and Timnath staff worked to develop this IGA to meet that intent.
The IGA establishes the design standards for this section of four lane arterial which will be constructed to the
City of Fort Collins standard.
The Timnath Town Board approved this IGA on October 25, 2016.
CITY FINANCIAL IMPACTS
The portion of the road frontage adjacent to Serratoga Falls Subdivision will be funded by Timnath. The portion
of the road frontage adjacent to the property within the City of Fort Collins will be funded through the standard
development process paid by the developer and Transportation Capital Expansion Fees.
PUBLIC OUTREACH
Public hearings were held as part of the Serratoga Falls Subdivision approval.
Agenda Item 8
Item # 8 Page 2
ATTACHMENTS
1. Location map (PDF)
E Mulberry St
E Prospect Rd
S County Road 5
N County Road 5
C
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Location Map
Serratoga Falls Subdivision
Printed: November 18, 2016
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0 0.1 0.2 0.3 0.4
Miles
SERRATOGA FALLS
SUBDIVISION
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ATTACHMENT 1
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RESOLUTION 2016-090
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND
THE TOWN OF TIMNATH DEFINING THE RESPONSIBILITY FOR THE
FUTURE CONSTRUCTION OF LARIMER COUNTY ROAD 5/MAIN STREET
ADJACENT TO SERRATOGA FALLS SUBDIVISION
WHEREAS, the City of Fort Collins and the Town of Timnath have annexed portions of
Larimer County Road 5 (“CR5”), known as Main Street within Timnath Town limits; and
WHEREAS, the City previously annexed an approximately 1,300 foot section of CR5
located immediately north of Prospect Road (the “Improvement Section”); and
WHEREAS, the Town has annexed land immediately east of CR5 and immediately north
of Prospect Road extending north approximately 3,900 feet; and
WHEREAS, as a result, the City’s territory encompasses the portion of CR 5 comprising
the Improvement Section and the land to the west of the Improvement Section, and the Town’s
territory encompasses the land to the east of the Improvement Section; and
WHEREAS, the Town recently approved Serratoga Falls Subdivision located north of
Prospect Road and immediately adjacent to CR 5; and
WHEREAS, traffic associated with Serratoga Falls Subdivision will impact the
Improvement Section; and
WHEREAS, as a result of the impacts created by Serratoga Falls Subdivision and future
development within the Town, the City and Town agree that it is in the best interests of the
citizens of each municipality to enter into an intergovernmental agreement (“IGA”) regarding the
future construction of the Improvement Section; and
WHEREAS, pursuant to the IGA, the Town shall ultimately be responsible for widening
the existing east lane of the Improvement Section to City four lane arterial standards and the City
shall be responsible for similarly widening the west lane of the Improvement Section; and
WHEREAS, pursuant to the IGA, the timing of the widening of the Improvement Section
shall be determined in the future by mutual agreement of the Town and the City; and
WHEREAS, Article II, Section 16 of the City Charter empowers the City Council, by
ordinance or resolution, to enter into contracts with governmental bodies to furnish governmental
services and make charges for such services, or enter into cooperative or joint activities with
other governmental bodies; and
WHEREAS, Section 29-1-203 of the Colorado Revised Statutes provides that
governments may cooperate or contract with one another to provide certain services or facilities
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when such cooperation or contracts are authorized by each party thereto with the approval of its
legislative body or other authority having the power to so approve; and
WHEREAS, the Timnath Town Board approved the IGA on October 25, 2016; and
WHEREAS, the City Council has determined that the IGA is in the best interests of the
City and that the Mayor be authorized to execute the IGA between the City and CDOT in
support thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes any and all determinations and
findings contained in the recitals set forth above.
Section 2. That the City Council hereby authorizes the Mayor to execute the IGA
between the City and the Town of Timnath, substantially in the form attached hereto as Exhibit
“A”, together with such modifications and additions as the City Manager, in consultation with
the City Attorney, determines necessary and appropriate to protect the interests of the City or
further the purposes of this Resolution, as set forth above.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 6th
day of December, A.D. 2016.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
EXHIBIT A