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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/10/2005 - TIMNATHS CREATION OF AN URBAN RENEWAL AUTHORITY; T DATE: May 10, 2005 WORK SESSION ITEM STAFF: John Stokes FORT COLLINS CITY COUNCIL SUBJECT FOR DISCUSSION Timnath's creation of an Urban Renewal Authority; Timnath's recent modification of its comprehensive plan; and the implementation of the community separator between Timnath and Fort Collins. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. Does the City Council want any further evaluation of the impacts on Fort Collins of Timnath's proposed Growth Management Area (GMA), Urban Renewal Program, and potential annexations? These might include fiscal impacts, effects on the separator program, and coordination with Latimer County. 2. Should City staff continue to conserve land in the Timnath separator given Timnath's extension of its Growth Management Area beyond the separator as well as other factors? BACKGROUND The Town of Timnath recently has created an Urban Renewal Authority (URA); has proposed establishing a Growth Management Area north to Highway 14; and, has requested that the City of Fort Collins stop conserving land in the Fort Collins-Timnath separator until an Intergovernmental Agreement can be reached. Although Timnath has a proposed GMA, it is not recognized by Larimer County. GMAs typically are recognized via Intergovernmental Agreements between the affected parties. For example, Fort Collins' GMA is established by mutual agreement with Latimer County, and the City enjoys certain benefits including common development standards and annexation referrals. In addition to the proposed GMA, Timnath recently has annexed several large parcels to the south and east. The town currently is exploring additional annexations north to Highway 14 (see Attachment 1, Town of Timnath Comprehensive Plan) and these annexations (and the associated GMA expansion) would increase the common boundary with Fort Collins' GMA on the cast side of I-25. Urban Renewal District: In December of 2004, Timnath created an Urban Renewal Authority. Under current Colorado state law, URA's can only be created if an area is designated as "blighted." There are ten broad characteristics of"blight," and the potential URA must meet at least five. URA's are mechanisms to reap the benefits of tax-increment financing (TIF). An approved URA has the authority to retain sales and property tax revenues in excess of amounts being May 10, 2005 Page 2 collected at the time of the URA's designation for up to 25 years. Thus, as URA's are transformed into more highly developed areas, revenues can be dramatically increased to the URA. This is especially true in the case of undeveloped lands that have been declared "blighted." Timnath's Urban Renewal Plan is drafted so that all land within its proposed Growth Management Area (GMA) can be included in the URA. Timnath town officials have explained that the desire to expand the GMA, to annex land within the GMA, and to designate lands within the GMA as urban renewal areas, is based on the need to provide a variety of infrastructure improvements. Timnath believes that without the annexations and the URA these needs would be under funded or not funded at all. There are a number of identified improvements. The two that most directly affect the Fort Collins—Timnath community separator are: 1. A County Road 5 bypass to the east of Timnath. The northern terminus of the bypass would be in the southeastern portion of the Fort Collins — Timnath community separator. The Northern Colorado Communities I-25 Corridor Plan adopted by Fort Collins and other municipalities identifies CR 5 as a proposed four-lane arterial. The City's I-25 Subarea Plan also recognizes CR 5 as a possible four-lane arterial. 2. A flood control project for Boxelder Creek flows. During a major storm event, Boxelder Creek can back up on the east side of I-25 to the north of Timnath. Water not able to pass under I-25 moves to the south and east of Timnath through relatively undeveloped farmland and flows to the Poudre River. Lands that are within Timnath's proposed GMA as well as some newly annexed lands are affected by the flood flows thus diminishing their development potential. City of Fort Collins' Utilities and other entities currently are in discussions with Timnath about possible solutions to this issue. On March 22 of this year, Larimer County filed a lawsuit seeking to overturn Timnath's URA designation. The County's lawsuit seeks to limit the URA designation to the currently developed portion of the town. The suit asserts that expansion of the URA beyond the town's current boundaries is a misuse of the town's urban renewal authority and, furthermore, will "place upon all citizens the cost of new growth instead of growth paying its own way." In other words, funds that would normally accrue to the County for various County-wide services would be kept by the URA. Over the 25-year life of the URA, Latimer County could lose an estimated $20 million in revenues. Poudre School District also is affected, although the state government is required to backfill any diminished revenues attributable to the URA. The estimated liability to the State is $50 million. These numbers are rough estimates, largely because the level of development, the kind of development, and the ultimate plans of Timnath are not known. Also not precisely known at this time are what the possible financial impacts to the City of Fort Collins could be as a result of Timnath's proposed GMA, annexations, and the URA. At some level it will have an impact, because the City benefits from a variety of County-provided services that would be subject to diminished revenues should the URA be implemented. May 10, 2005 Page 3 The Fort Collins—Timnath Community Separator: Over the last decade, a number of planning documents have identified and called for community separators between Fort Collins and surrounding municipalities. The most recent document is the Fort Collins — Timnath — Windsor Community Separator Study, (the "Study") which was finalized in 2003. The project staff team included representatives from the City, Larimer County, the Town of Windsor, and Timnath. The project steering team included two Fort Collins councilmembers, a county commissioner, the Mayor of Timnath, and the Mayor of Windsor. Fort Collins and Timnath, along with the other jurisdictions included in the Study, adopted the plan by resolution (see Attachments 2 and 3 from the Town of Timnath and City of Fort Collins). Timnath's comprehensive plan, updated in 2002 and again in 2005, also recognizes the community separator. In 2002, Timnath's proposed GMA was shown as ending at County Road 44. The recently amended comprehensive plan expands the proposed GMA to Mulberry, or Highway 14. The portion of the community separator in question at this time lies to the north of Timnath, and to the south and east of Fort Collins (see Attachment 4, Timnath community separator). In 2004, as called for by the Study, the Natural Areas Program of the City began to acquire conservation easements* within the separator. To date, two conservation easements totaling 160 acres have been acquired for a total of$1.2 million using funds from the Natural Areas program. In November of 2004, Timnath's Town Board of Trustees sent a resolution (see Attachment 5) to Fort Collins City Council requesting that the City stop conserving land in the separator until the two entities could create and execute an Intergovernmental Agreement (IGA). In essence, Timnath town officials are concerned that the City is reducing development density, thus potentially affecting Tinmath's ability to finance major public improvements such as the County Road 5 bypass or the Boxelder flood control project. The November resolution notes that the Study called for the development of an IGA as part of the separator implementation process. Attempts were made in 2003 to initiate an IGA. Fort Collins' City Manager and CPES Director twice met with the Timnath Town Manager at the time, and sent a draft IGA to Timnath. The IGA, however, was never completed. Notably, the Study called for the IGA to: "reinforce the GMA boundaries [consistent with the GMA Timnath had at the time proposed in its comprehensive plan]...to insure that the GMA boundary remains fixed in the vicinity of the separator." In February of 2005, Timnath's Mayor, Donna Benson, sent a follow-up request to Mayor Ray Martinez reiterating the November request to stop conserving land (see Attachment 6). During fall of 2004 and spring of 2005, several meetings were held between City staff and Timnath representatives in an attempt to identify issues that an IGA might address. An outline of the items and issues to be addressed in an IGA was presented by Timnath representatives to City staff. After analysis by City staff, we determined that much of what Timnath identified belonged more appropriately in capital improvement plans and budgets versus an IGA. As discussions were being held with Timnath this spring, the City closed on the second of the two conservation easements in the separator. At Timnath's request, the City included language in the conservation easement making it clear that the conservation easement did not prohibit the May 10, 2005 Page 4 construction of needed public facilities and improvements. Timnath's attorney reviewed and approved this language. In the last meeting with Timnath, held on March 28th, it became apparent that the two sides were far apart in terms of what might be appropriate or important to include in an IGA, and also in terms of what might constitute an appropriate level of development on a piece of land encumbered by a conservation easement within the community separator. City of Fort Collins staff noted that visual preference surveys conducted during the creation of The Northern Colorado Community Separator Study, 1999 indicated that a residential structure approximately every ten acres was what community members felt achieved a suitable level of development in a separator. Fort Collins staff also noted that any density higher than this level could be regarded as a development subsidy and therefore would not be appropriate for expenditures by the Natural Areas program. Timnath representatives clearly felt that the 1/10 ratio was too low to support their objective of having development pay for major public improvement projects. *A conservation easement is a restriction placed on a piece of property to protect the resources (natural or man-made) associated with the parcel. The easement is either voluntarily sold or donated by the landowner, and constitutes a legally binding agreement that prohibits certain types of development (residential or commercial) or activities (such as mining or commercial timber harvesting) from taking place on the land. The agreement is recorded against the title to the property, like a deed, and runs with the property in perpetuity. The easement holder has the responsibility and the right to monitor the easement for compliance. The landowner continues to enjoy the rights, privileges, and responsibilities associated with landownership, including all activities not prohibited by the conservation easement or damaging to the conservation values the easement is intended to preserve, usually allowing for activities such as hunting, fishing, farming, perhaps some limited development, and paying property taxes. ATTACHMENTS 1. Town of Timnath Comprehensive Plan Map 2. Town of Timnath Resolution No. V-2003 3. Fort Collins City Council Resolution 2003-061 4. Timnath Community Separator Map 5. Memorandum to Darin Atteberry with Town of Timnath Resolution No. AE-2004 6. Letter from Timnath Mayor Donna Benson to Mayor Ray Martinez with Town of Timnath Resolution No. AE-2004 Figure • • • Use PlanATTACHMENT1 Town of Timnath Comprehensive Plan E NiRaO1RY ETRLEY TAW N1•NWAY IA E MlGWeU ROAD -� COUNT/ROAD N N ` 1 — t i ROOM*I•aaPRh a =ti O V N E NOASEMTN ROAD = \N COUNTY ROAD M 1 � 1 lk -; Land use e OP.n Sp.. va Y L D.u.RT R..iO.nii.I 1, taw�R .. l gDUWY ROAD JE NOW We Dort iL:.�„, ` \ � 4een.rtl.1 t E+rl1^Yn'r't R.Elneel D.mrlrrU.l FeWn Anl.lp Csrbor O.M - �o O Cennrney AeMnmr O..rl. l Planned Fa ldxes O �cmrnn.eF r.rt MeghbrAooA P.M1 COUNTY ROAD 36, rD, Fhvn School Ske 1 11"ndarieF 1 \ T.G 1 \ YNr.th Torn l.hM '�OUIIfY RDADM TlenRaw R d. M.w Rao T.R. .. s __ /� FGeatul fYtnre F.rtv.Y FoiaifCwx ' Vl Parenmi Wn.np Nevannap COWRY ROAD]7Eaor"`.m r.: ATTACHMENT TOWN OF TIMNATH RESOLUTION NO. V-2003 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF TIMRATH EXPRESSING SUPPORT FOR THE FORT COLLINS / TIMNATH /WINDSOR COMMUNITY SEPARATOR STUDY WHEREAS, certain Northern Colorado regional cities and counties have adopted the Northern Colorado Regional Planning Study and, in 1997, entered into a comprehensive Intergovernmental Agreement with regard to managing and planning urban growth patterns in the region, and in 2000 accepted the Northern Colorado Community Separator Study (which studies and agreement are referred to collectively as the "Documents") ; and WHEREAS, the Documents envision the Northern Colorado regional communities as consisting of neighbors that (1) work together cooperatively while remaining physically separate, (2) retain their individual characteristics and identities, and (3) carefully consider and plan the areas between them that ' are appropriate for development; and WHEREAS, the Documents recognize the rapid growth that presently exists in the Northern Front Range area and observe that the affected communities are extending their boundaries toward each other with the result that such communities will merge into an extended metropolitan area with no apparent boundaries or separation between them unless the communities cooperatively plan to mitigate and avoid such merger; and WHEREAS, in response to the foregoing concern, the communities of Fort Collins, Timnath, Windsor, and Larimer County have, for the past two years; worked cooperatively toward . the preparation of a study on community separator opportunities and implementation actions; and WHEREAS, the resulting product is the "Fort Collins / Timnath f 'Windsor Community Separator Study" which study includes a detailed inventory of existing conditions, community separator opportunities, and describes an implementation program with actions and roles recommended for each participating jurisdiction, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF TIMNATH, COLORADO AS FOLLOWS: 6/5/2003 2:48 PM - C:\Documents and Settings\Candace Bridgwater\My Documents\Timnath\2003\Reso1ution 2003\V SEPARATORSTUDYresolution.doc Section 1. The Board expresses its support for the "Fort Collins / Timnath / Windsor Community Separator Study" and pledges to take such actions as are reasonably necessary to implement the recommendations of said study. Section 2 . The Town requests that the Study communities prepare maps showing the location of gravel deposits for potential addition to the Study Plan. Section 3. The Study is not a regulatory document and is not an adopted element of the Timnath Comprehensive Plan. Section 4. The Board of Trustees thanks the Division of Local Affairs for their contribution toward this valuable study for 'fie Town of Timnath. Adopted the 4th day of June 2003. Annalee Foster, Mayor ATTE s pK A. Racine, Town—Clerk 2 6/5/2003 2:49 PM C:\Documents and Settings\Candace Bridgwater\My Documents\Timnath\2003\Resolution 2003\V SEPARATORSTUDYresolution.doc ATTACHMENT RESOLUTION 2003-061 OF THE CITY OF FORT COLLINS EXPRESSING SUPPORT FOR THE FORT COLLINS-TWINATH-WINDSOR COMMUNITY SEPARATOR STUDY WHEREAS, certain Northern Colorado cities and counties have adopted the Northern Colorado Regional Planning Study and, in 1997, entered into a comprehensive Intergovernmental Agreement with regard to managing and planning urban growth patterns in the region, and in 2000 accepted the Northern Colorado Community Separator Study (which studies and agreement are referred to collectively as the"Documents"); and WHEREAS, the Documents envision the Northern Colorado communities as consisting of neighbors that (1) work together cooperatively while remaining physically separate, (2) retain their individual characteristics and identities, and (3) carefully consider and plan the areas between them that are appropriate for development; and WHEREAS, the Documents recognize the rapid growth that presently exists in the Northern Front Range area and observe that the affected communities are extending their boundaries toward each other with the result that such communities will merge into an extended metropolitan area with no apparent boundaries or separation between them unless the communities cooperatively plan to mitigate and avoid such merger; and WHEREAS, in response to the foregoing concern, the communities of Fort Collins, Timnath, Windsor, and Larimer County have, for the past two years, worked cooperatively toward the preparation of a study on community separator opportunities and implementation actions; and WHEREAS, the resulting product is the "Fort Collins-Timnath-Windsor Community Separator Study" which study includes a detailed inventory of existing conditions, community separator opportunities, and describes an implementation program with actions and roles recommended for each participating jurisdiction. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City Council hereby expresses its support for the "Fort Collins-Timnath-Windsor Community Separator Study," dated February 2003, and states its intention to take such actions as are reasonably necessary to implement the recommendations of said study. Passed and adopted at a regular meeting of the City Council held this 6th day of May, A.D. 2003. _c Mayor ATTEST: 4w City Clerk ATTACHMENT 4 ZQ E ry A g N � r C U U o wll Am El Prow R7unoo A � s o �F. 1 UIeAy L Y O> G t Peon Rwnoo x a V/ y a 52 C � W � 3E Peoa Uno < S a U I J L � ' w S Pe ' AG F- etieo Mope ully nel>w _... - 1 �1 A i _ � C I a ATTACHMENT 5 r U� Y►�t�GV 9I—� �L(b'l fi.� • -of TN hiwt �rrvl N° Est. 1882 fr r41- PO Main 37 4100 Maafia Street RECEIVED Timnath,CO$0547 NOV 16 1004 City of Fort Collins MEMORANDUM TO: Darin Atteberry,Acting City Manager FROM: Linda Thompson, Town Clerk DATE: November 12, 2004 SUBJECT: Town of Timnath Resolution Number AE-2004 • Enclosed is Resolution Number AE-2004 adopted by the Timnath Board of Trustees on November 3, 2004. Mayor Benson has respectfully requested that you forward this resolution to the Fort Collins City Council. Thank you for your assistance in this matter. • yA s e TOWN OF TIMNATH RESOLUTION NO. AE-2004 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF TIMNATH REQUESTING THAT THE CITY OF FORT COLLINS ABATE IMPELEMENTATION OF THE FORT COLLINS-TIMNATH-WINDSOR COMMUNITY SEPARATOR STUDY FOR THE SEPARATOR BETWEEN THE TOWN AND FORT COLLINS AND THAT THE CITY AND THE COUNTY COOPERATE IN CREATING THE INTERGOVERNMENTAL AGREEMENT CONTEMPLATED BY THE SEPARATOR STUDY WHEREAS, the Mayor discovered that the City of Fort Collins was acquiring property and conservation easements in the Fort Collins/Timnath Separator area between County Roads 40 and 42 and met with Mayor Ray Martinez to inquire why the Town was not involved in the process as anticipated by the Separator Study; and WHEREAS, Mayor Martinez requested that the Timnath Mayor meet with Fort Collins staff to discover the status an Mayor Benson has met with the Fort Collins staff twice requesting that the City include the Town in any discussions with property owners or to strategize terms of acquisitions of property and staff advised her that they could not do so without a formal resolution from the Board of Trustees; and WHEREAS, the Board of Trustees of the Town is concerned with the actions of the City of Fort Collins because: • The terms of the conservation easements being obtained by the City of Fort Collins prevent the use of the property for the drainage improvements contemplated by the Town and theI-25 Subarea Plan, and the County Road 5 bypass approved by all of the parties in other documents; and • The County Road 5 bypass is on the Town' s Comprehensive Plan adopted before the Separator Study, the County' s Land Conservation and Stewardship Master Plan of July 9, 2004, the MPO plans approved by all entities and is an integral part of the I-25 SubArea Plan; and • The City staff suggested that the Town or the County should have to condemn to re-acquire property acquired by the City for public purposes which does not show cooperation or a 11/10/2004 2:55 PM f•\Clcrklln rc\Timnath\9004\Resolution 2n04\AR-2004.doc • responsible use of taxpayer funds and may not be legally feasible; and • The Separator Study contemplated an IGA among the City, the Town and the County as the first step for implementation of the Separator (see page 3-3 of Study) ; and • The County activities approving development in the Separator area show a different plan of implementation of the separator than that of the City; and • The area anticipated for the Separator in the Separator study is 800 acres and the City has unilaterally expanded that area to 1800 acres in its Land Conservation and Stewardship Master Plan adopted in July 2004, without notice or input from the Town; a difference City staff described as "trivial" but is not trivial to Timnath when the Town is trying to be financially viable (compare page 3-6 of Study with page 25 of City Land Conservation and Stewardship Master Plan) ; and • The Study defines a "separator" as an area that retains a rural character and provides a distinct separation between two or more communities. It' s important to note that a community separator is not necessarily completely • undeveloped. A community separator does provide, however, a buffer between areas of continuous urban development so that historically distinct communities can retain a sense of their own individuality and identity. "; the City staff has stated it has instruction to make it no more developed than it is today; and 3-1) ; and The Separator Study recognizes that NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF TIMNATH, COLORADO, as follows: Section 1. The Board of Trustees hereby requests that the City of Fort Collins cease all efforts to acquire any property ` interest within the Timnath-Fort Collins Separator until an IGA among the County, the City and the Town for the appropriate way to implement the Separator is agreed upon . Section 2 . The Town commits to work diligently with the County and the City to complete an IGA at the earliest reasonable time. • ADOPTED this 3rd day of November, 2004. 2 11/10/2004 2:55 PM C:\ClerkDocs\Timnath\2004\Resolution 2004\AE-2004.doc RECEIVED ATTACHMENT ' ���"�"" FEB 141ppS �G by (h y r j Otty at Fort Collins ,(,u �4 of T 1— ' o Est. 1882 PO sox 37 4100 Main atm,t Tim"th,CO 80547 February 22,2005 Hon. Ray Martinez City Hall West 300 LaPorte Avenue P. O. Box 580 Fort Collins,CO 80521 Re: Town of Timnath Resolution AE-2004,requesting the City of Fort Collins immediately ceases implementation of the Fort Collins-Timnath-Windsor community separator study • Mayor Martinez: It has come to my attention that the City of Fort Collins has continued negotiations within the boundaries of the Timnath-Fort Collins separator area and the Timnath growth management area to acquire property interests. This is contrary to the information I received stating the City would honor the resolution referenced above. Obviously this has not happened. This letter is a formal request to the City of Fort Collins Council to direct their staff to immediately cease such activity until such time as an intergovernmental agreement between Larimer County, the Town of Timnath and the City of Fort Collins for the appropriate way to implement the separator is agreed upon. Your prompt attention to this serious matter is appreciated. Sincerely, Donna Benson Mayor, Town of Timnath Encl. Resolution No.AE-2004 Phone:(970)224-3211 FAX:(970)224-3217 TOWN OF TIMNATH RESOLUTION No. AE-2004 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF TIMNATH REQUESTING THAT THE CITY OF FORT COLLINS ABATE IMPELEMENTATION OF THE FORT COLLINS-TIMNATH-WINDSOR COMMUNITY SEPARATOR STUDY FOR THE SEPARATOR BETWEEN THE TOWN AND FORT COLLINS AND THAT THE CITY AND THE COUNTY COOPERATE IN CREATING THE INTERGOVERNMENTAL AGREEMENT CONTEMPLATED BY THE SEPARATOR STUDY WHEREAS, the Mayor discovered that the City of Fort Collins was acquiring property and conservation easements in the Fort Collins/Timnath Separator area between County Roads 40 and 42 and met with Mayor Ray Martinez to inquire why the Town was not involved in the process as anticipated by the Separator Study; and • WHEREAS, Mayor Martinez requested that the Timnath Mayor meet with Fort Collins staff to discover the status and Mayor Benson has met with the Fort Collins staff twice requesting that the City include the Town in any discussions with property owners or to strategize terms of acquisitions of property and staff advised her that they could not do so without a formal resolution from the Board of Trustees; and WHEREAS, the Board of Trustees of the Town is concerned with the actions of the City of Fort Collins because: a The terms of the conservation easements being obtained by the City of ' Fort Collins prevent the use of the property for the drainage improvements contemplated by the Town and the I-25 Subarea Plan, and the County Road '5 bypass approved by all of the parties in other documents; and • The County Road 5 bypass is on the Townes Comprehensive Plan adopted before the Separator Study, the County's Land Conservation and Stewardship Master Plan of July 9, 2004, the MPO plans approved by all entities and is an integral part of the I-25 Subarea Plan; and a The City staff suggested that the Town or the County should have to condemn to re-acquire property acquired by the City 2/22/2005 10:49 AM G:\5\Tim5500\Re9\2004 Final\separator study abate-Aa-amended.doc • for public p purposes which does not show cooperation or a responsible use of taxpayer funds and. may not be legally feasible; and • The Separator Study contemplated an IGA among the City, the Town and the County as the first step for implementation of the Separator (see page 3-3 of Study) ; and • The County activities approving development in the Separator area show a different plan of implementation of the separator than that of the City; and • The area anticipated for the Separator in the Separator study is 800 acres and the City has unilaterally expanded that area to 1600 acres in its Land Conservation and Stewardship Master Plan adopted in July 2004, without notice or input from the Town; a difference City staff described as °trivial^ but is not trivial to Timnath when the Town is trying to be financially viable (compare page 3-6 of Study with page 25 of City Land Conservation and Stewardship Master Plan) ; and • The Study defines a "separator" as an area that retains a rural character and provides a distinct separation between two or more communities. It's important to note that a community separator is not necessarily completely • undeveloped. A community separator does provide, however, a buffer between areas of continuous urban development so that historically distinct communities can retain a sense of their own individuality and identity; the City staff has stated it has instruction to make it no more developed than it is today; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF TIMNATH, COLORADO, as follows: Section 1. The Board of Trustees hereby requests that the City of Fort Collins cease all efforts to acquire any property interest within the Timnath-Fort Collins Separator until an IGA among the County, the City and the Town for the appropriate way to implement the Separator is agreed upon. Section 2. The Town commits to work diligently with the County and the City to complete an IGA at the earliest reasonable time. 2 w 2/22/2005 20:49 AM G:\5\Tim5500\Res\2004 Final\separator study abate-AE-amended.doc I • ADOPTED this 3rd day of November, 2004. ATTEST: Donna Benson, Mayor in a Thompson, To erk-Treasurer J i i • • � 3 2/22/2005 10:49 AM - G:\5\Tim5500\Re3\2004 Final\separator study abate-AE-amended.doc