HomeMy WebLinkAbout2008-030-03/04/2008-APPROVING TWO AGREEMENTS RELATED TO THE POSSIBLE IMPROVEMENT OF THE INTERSTATE 25/STATE HIGHWAY 392 RESOLUTION 2008-030
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING TWO AGREEMENTS RELATED TO THE POSSIBLE
IMPROVEMENT OF THE INTERSTATE 25/STATE HIGHWAY 392 INTERCHANGE
WHEREAS,the Interstate 25/State Highway 392 Interchange("Interchange"),located at Exit
262, borders the western edge of the Town of Windsor("Town")and the southeastern limits of the
City of Fort Collins ("City"); and
WHEREAS, the Interchange is an integral part of the regional transportation network; and
WHEREAS,in recent years,the capacity of the Interchange has been significantly impacted
by state and regional growth, as well as local growth in Windsor and southeast Fort Collins, so that
the Interchange is unable to handle current traffic capacity during peak hours; and
WHEREAS, the Interchange is characterized by numerous design and operational
deficiencies and substandard safety features, including the absence of any transit facilities; and
WHEREAS, the Colorado Department of Transportation ("CDOT") and the North Front
Range Transportation & Air Quality Planning Council, as the area metropolitan planning
organization ("NFR-MPO"), acknowledge the development pressure in the vicinity of the
Interchange and the need to accommodate future growth and ensure mobility in the area, and an
Environmental Impact Statement ("EIS") is currently underway for the entire I-25 corridor from
Denver through the City, although funding for improvements at the Interchange has not yet been
identified; and
WHEREAS, the enhancement and improvement of the Interchange, including the
development of a transit component,will promote the health,safety,and welfare of the residents of
the City by facilitating the timely and safe movement of people, goods, information, and services
while minimizing the environmental impacts of increased traffic at the Interchange; by providing
access to new services; by increasing property values and facilitating future development of
properties in the immediate vicinity of the Interchange; and by increasing commerce at local
establishments; and
WHEREAS, the Town and the City are parties to an Intergovernmental Agreement
("Windsor/FTC IGA") in which the parties have pledged to cooperate to explore and implement
solutions to existing traffic issues related to the Interchange; and
WHEREAS, in furtherance of the Windsor/FTC IGA, an I-25/SA 392 Interchange
Improvement Plan has been prepared for the Town and City; and
WHEREAS, in order to pursue additional planning and the eventual completion of the
Interchange Improvements, the Town and the City have agreed to jointly apply to CDOT and the
Federal Highway Administration ("FHWA") for a determination that Separate Action from the
Northern Colorado Interstate 25 Corridor EIS is justified for the Interchange Improvements
("Justification for Separate Action") and in accordance with CDOT's 1601 Interchange Approval
Process ("1601 Process"),to undertake the following activities:
(1) apply to CDOT, NFR-MPO, and FHWA for authorization to construct the
Interchange Improvements;
(2) provide a statement regarding the source of funding for the proposed improvements;
and
(3) cause a preliminary design of the Interchange Improvements and an environmental
assessment to be prepared and funded based in part on preliminary design work
already completed as part of the EIS; and
WHEREAS, the 1601 Process includes a requirement for public involvement and
environmental review of the proposed Interchange Improvements; and
WHEREAS, Metro Acquisitions, LLC is a private entity that is the owner or contract
purchaser of certain parcels of developable land in the area of the Interchange; and
WHEREAS,the Town,the City, and Metro Acquisitions, LLC have negotiated a proposed
Agreement Regarding Highway 392 Interchange("Cost Sharing Agreement") whereby the parties
set forth their respective responsibilities with regard to securing approval and financing for the
Interchange Improvements; and
WHEREAS,the Town,the City,and CDOT have negotiated a separate proposed Agreement
whereby the Town and the City would agree to reimburse CDOT for the costs CDOT incurs in
reviewing the conceptual designs, studies, and other documents filed by the Town and the City as
part of the Justification for Separate Action and 1601 Process ("First CDOT IGA"); and
WHEREAS, the City Council believes that it is in the best interests of the City to enter into
these agreements; and
WHEREAS, the execution of the agreements will not obligate the City to help fund the
construction of the Interchange Improvements but will facilitate additional planning,public outreach
and design approval within an accelerated time frame and will expedite the possible construction of
the Improvements, assuming that the City, the Town and CDOT can reach agreement as to how to
fund the Improvements; and
WHEREAS,sufficient unexpended funds have heretofore been appropriated by the Council
to satisfy the City's financial obligations under the Cost Sharing Agreement and the First CDOT
IGA.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS, as follows:
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Section 1. That the City Council hereby approves and authorizes the Mayor to execute
the Cost Sharing Agreement whereby the Town and the City will jointly file a Justification for
Separate Action with CDOT and FHWA and, upon its approval, will apply to CDOT,NFR-MPO,
and FHWA for approval of the Interchange Improvements in accordance with the 1601 Process,and
whereby the Town, the City, and Metro Acquisitions, LLC have also agreed to share the project's
initial consulting costs as well as the subsequent costs generated by the 1601 Process.
Section 2. That the City Council hereby approves and authorizes the Mayor to execute
the First CDOT IGA whereby, subject to the provisions of the Cost Sharing Agreement, the Town
and the City will reimburse CDOT for the costs CDOT incurs in reviewing the conceptual designs,
studies,and other documents filed by the Town and the City as part of the Justification for Separate
Action and 1601 Process.
Section 3. That the City Council's approval of the foregoing agreements is based on its
understanding that the Interchange Improvements will be designed to accommodate and be
compatible with whichever mass transit option for the I-25 Corridor,currently being studied in the
I-25 Corridor EIS, is selected.
Passed and adopted at a regular meeting of the Co of the City of Fort C pins this 4th
day of March, A.D. 2008.
Mayor
ATTEST:
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City Clerk
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