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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: -2- 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: Uk V,- .� — City Clerk -3-