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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 03/02/2010 - SECOND READING OF ORDINANCE NO. 013, 2010, APPROVI DATE: March 2, 2010 AGENDA ITEM SUMMARY STAFF: Darin Atteberry _ T COLLINS CITY COUNCIL Steve Roy Second Reading of Ordinance No. 013, 2010, Approving an Amendment to the Fort Collins-Timnath Intergovernmental Agreement Regarding Cooperation on Annexation, Growth Management, and Related Issues, Extending the Deadline for the City of Fort Collins to Accomplish an Amendment to the City's Growth Management Area Boundary and Extending the Deadline for the Town of Timnath to Exercise an Option to Buy the City-owned Vangbo Open Space Property. EXECUTIVE SUMMARY On February 17, 2009,the City of Fort Collins and the Town of Timnath entered into an intergovernmental agreement regarding annexations,growth management,and related issues. The agreement resolved certain differences that had arisen between the City and Town concerning a variety of planning and growth management issues. The agreement set one-year deadlines for the City to amend its Growth Management Area boundary and for the Town to exercise a purchase option to acquire the City-owned Vangbo Open Space property. Ordinance No. 013, 2010, unanimously adopted on First Reading on February 16,2010, extends those deadlines for six months(with the possible extension for an additional six months) and one year respectively. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary- February 16, 2010 (w/o attachments) ATTACHMENT 1 DATE: February 16, 2010 AGENDA ITEM SUMMARY I STAFF: Darin Atteberry/Steve Roy FORT COLLINSCOUNCIL First Reading of Ordinance No. 013, 2010,Approving an Amendment to the Fort Collins-Timnath Intergovernmental Agreement Regarding Cooperation on Annexation,Growth Management,and Related Issues, Extending the Deadline for the City of Fort Collins to Accomplish an Amendment to the City's Growth Management Area Boundary and Extending the Deadline for the Town of Timnath to Exercise an Option to Buy the City-owned Vangbo Open Space Property. EXECUTIVE SUMMARY r. nPv i 1L On February 17,2009,the City of Fort Collins and the Town of Timnath entered into an intergovernmental agreement regarding annexations,growth management,and related issues. The agreement resolved certain differences that had arisen between the City and Town concerning a variety of planning and growth management issues. The agreement set one-year deadlines for the City to amend its Growth Management Area boundary and for the Town to exercise a purchase option to acquire the City-owned Vangbo Open Space property. Ordinance No. 013, 2010, would extend those deadlines for six months (with the possible extension for an additional six months) and one year respectively. BACKGROUND / DISCUSSION v In February2009,the City Council passed Ordinance No.011,2009,approving an Intergovernmental Agreement(IGA) between the City of Fort Collins and the�wn of�Timnath/regarding Growth Management Areas(GMAs)for the two communities and associated issues authorizing the disposition`of certain properties. On February 17, 2009,the Fort Collins-Timnath IGA was signed by both parties. Section 2.2 of the Fort Collins-Timnath IGA deals with the City's GMA boundary. Specifically, Section 2.2(b) states that the City shall within one year(by February 17, 2010) seek approval by Larimer County of an amendment to the Fort Collins-Larimer County IGA changing the Fort Collins GMA boundary to be consistentwith the boundary contained in the Fort Collins-Timnath IGA. Section 2.2(b) goes on to say, "...irrespective of whether or not Larimer County approves such amendment, Fort Collins shall within the same period of time(by February 17, 2010) take all actions necessary to amend the boundaries of the Fort Collins GMA as it exists independently of the Intergovernmental Agreement between Fort Collins and Larimer County..." The City/County IGA establishes boundar�� ies for the Fort Collins G ow�thW nagement Area ("FCGMA") that conflict with the boundaries established in the llntergovernmental�Agreement andlstates that Fort Collins will not amend those boundaries without the consent of the Couunty,./TheCounty has expressed concerns about amending the FCGMA as proposed by the Intergovernmental Agreement and having to provide urban level services on a long-term basis to areas which were, under the City/County IGA, to be annexed into Fort Collins. Because of the conflicting obligations of Fort Collins under these two agreements, Fort Collins has requested that Timnath agree to extend the deadline imposed by the Intergovernmental Agreement upon Fort Collins pursuant to Section 2.2(b) of the Intergovernmental Agreement for six months (with the possible extension for an additional six months) to afford Timnath and Larimer County adequate time to resolve their differences and come to agreement about the Timnath/Fort Collins growth management area boundary. Section 6.1 of the Fort Collins-Timnath IGA deals with an option to the Town of Timnath to purchase the City-owned Vangbo Open Space property. Again,the IGA at indices that,withi one year(or by February 17,2010),"Timnath may, at its option, exercise the right to purchase the Vangbo' prop.erty_I U 1_ 1.I The extension agreement approved by this,Ordinance would,extend the.deadline for City-County approval of the new Fort Collins GMA boundary by up to one year and would also extend the deadline for Timnath to exercise its option to purchase the Vangbo property for one year. February 16, 2010 -2- ITEM 14 FINANCIAL IMPACT There are no financial impacts of extending the deadlines. STAFF RECOMMENDATION Staff recommends adoption of this Ordinance on First Reading. ATTACHMENTS Illf�N, f 1! ;�' 1. First Amendment to Intergovemrnental Agreement pv /;I I I C ORDNANCE NO. 013, 2010 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING AN AMENDMENT TO THE FORT COLLNS-TIMNATH INTERGOVERNMENTAL AGREEMENT REGARDING COOPERATION ON ANNEXATION, GROWTH MANAGEMENT, AND RELATED ISSUES, EXTENDING THE DEADLINE FOR THE CITY OF FORT COLLINS TO ACCOMPLISH AN AMENDMENT TO THE CITY'S GROWTH MANAGEMENT AREA BOUNDARY AND EXTENDING THE DEADLINE FOR THE TOWN OF TIMNATH TO EXERCISE AN OPTION TO BUY THE CITY-OWNED VANGBO OPEN SPACE PROPERTY WHEREAS, on February 17, 2009, Timnath and Fort Collins entered into an intergovernmental agreement relating to annexation,growth management and related issues,which agreement resolved certain differences that had arisen between the parties regarding a variety of planning and growth management issues (the "Intergovernmental Agreement"); and WHEREAS, Section 2.2(b) of the Intergovernmental Agreement requires that by February 17,2010,Fort Collins seek the approval of Larimer County(the"County")to amend the boundaries of the Fort Collins Growth Management Area (the "FCGMA") to match the boundaries that were established by the Intergovernmental Agreement; and WHEREAS, Section 2.2(b) of the Intergovernmental Agreement also provides that irrespective of whether or not Larimer County approves the amendment of the FCGMA,Fort Collins must, within the same period of time, take all actions necessary to amend the boundaries of the FCGMA independently of the intergovernmental agreement between Fort Collins and Larimer County dated November 21, 2000 (the "City/County IGA"); and WHEREAS,the City/County IGA establishes boundaries for the FCGMA that conflict with the boundaries established in the Intergovernmental Agreement and states that Fort Collins will not amend those boundaries without the consent of the County; and WHEREAS, the County has expressed concerns about amending the FCGMA as proposed by the Intergovernmental Agreement and having to provide urban level services on a long-term basis to areas which were, under the City/County IGA, to be annexed into Fort Collins; and WHEREAS, because of the conflicting obligations of Fort Collins under these two agreements, Fort Collins has requested that Timnath agree to extend the deadline imposed by the Intergovernmental Agreement upon Fort Collins pursuant to Section 2.2(b)of the Intergovernmental Agreement for six months (with the possible extension for an additional six months) to afford Timnath and Larimer County adequate time to resolve their differences and come to agreement about the Timnath/Fort Collins growth management area boundary; and WHEREAS, Timnath has also requested that Fort Collins extend for one year the "option period"established in Article 6 of the Intergovernmental Agreement within which Timnath has the right to purchase from Fort Collins certain open space known as the Vangbo Property; and WHEREAS,the City Council has determined that the amendment to the IGA between Fort Collins and Timnath is in the best interests of the City and that the Mayor should be authorized to execute it. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Mayor is hereby authorized to enter into an amendment to the Intergovernmental Agreement Regarding Cooperation on Annexation, Growth Management and Related Issues extending the deadline for the City to accomplish an amendment to the City's Growth Management Area boundary and extending the deadline for the Town of Timnath to exercise an option to buy the City-owned Vangbo Open Space property for the periods of time described above. Introduced, considered favorably on first reading, and ordered published this 16th day of February, A.D. 2010,and to be presented for final passage on d day of March, A.D. 2010. Mayou ATTEST: A City Clerk Passed and adopted on final reading on the 2nd day of March, A.D. 2010. Mayor ATTEST: City Clerk