HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/18/2011 - FIRST READING OF ORDINANCE NO. 008, 2011, APPROVIN DATE: January 18, 2011
STAFF: Darin Atteberry .
Steve Roy
First Reading of Ordinance No. 008, 2011, Approving a Second Amendment to the Fort Collins-Timnath
Intergovernmental Agreement Regarding Cooperation on Annexation, Growth Management, and Related Issues,
Extending the Deadlines for the City and Town to Amend Their Growth Management Area Boundaries, and Deleting
All References to the Possible Purchase by Timnath of the Vangbo 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 parties to amend their Growth Management Area boundaries and for Timnath to
exercise an option to purchase the Vangbo property from the City. In early 2010,the parties approved an amendment
to this intergovernmental agreement that extended the deadlines for approval of the Fort Collins GMA and for Timnath
to decide whether to exercise its option. Another extension is needed, and Ordinance No. 008, 2011, would extend
for an additional year the period of time within which the parties' GMA boundaries are to be amended. It would also
delete all references to Timnath's possible purchase of the Vangbo property because Timnath has decided not to
move forward with the purchase.
BACKGROUND / DISCUSSION
In February 2009, the City Council passed Ordinance No. 011, 2009, approving an intergovernmental agreement
between the City of Fort Collins and the Town of Timnath regarding Growth Management Areas (GMAs)for the two
communities and associated issues authorizing the disposition of certain properties (the "Intergovernmental
Agreement"). On February 17, 2009, the Intergovernmental Agreement 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's IGAwith the County also establishes boundaries forthe Fort Collins Growth Management Area("FCGMA").
The boundaries in that agreement conflict with the boundaries established in the Intergovernmental Agreement. In
addition, the City/County IGA states that Fort Collins will not amend its GMA boundaries without the consent of the
County. 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 areaswhich were, underthe City/County
IGA, to be annexed into Fort Collins.
Because of the conflicting obligations of Fort Collins under these two agreements, Fort Collins requested in late 2009
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. In return, Timnath asked for an extension of
Article 6 of the IGA, which gives Timnath an option to purchase the Vangbo property from Fort Collins. Therefore, in
February of 2010, the City and the Town approved a First Amendment to the IGA which extended both deadlines.
Since that time,Timnath has been faced with a number of pressing issues that have made it difficult for Town officials
to bring to closure their discussions with the City, the County and affected property owners to resolve the County's
January 18, 2011 -2- ITEM 12
concerns about the provision of urban level services to the properties that will be removed from the City's GMA and
placed in Timnath's GMA. Therefore,the parties have agreed to an additional one-year extension of the period of time
within which the Fort Collins and Timnath GMA boundaries will be amended.Timnath has also agreed that,within the
same period of time, it will actively pursue County approval of its own GMA with a western boundary that is consistent
with the Intergovernmental Agreement.
In addition, since Timnath has decided not to purchase the Vangbo property, the Second Amendment also deletes
all references to Timnath's possible purchase of that property.
The extension agreement approved by this Ordinance extends the deadline for GMA boundary amendments for an
additional year(until February 17, 2012), and also removes all reference in the IGA to Timnath's possible purchase
of the Vangbo property.
FINANCIAL/ ECONOMIC IMPACTS
There are no financial impacts of extending the deadlines.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading.
ORDINANCE NO. 008, 2011
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING A SECOND AMENDMENT TO.THE
FORT COLLINS-TIMNATH INTERGOVERNMENTAL AGREEMENT
REGARDING COOPERATION ON ANNEXATION, GROWTH MANAGEMENT,
AND RELATED ISSUES, EXTENDING THE DEADLINES FOR THE CITY AND
TOWN TO AMEND THEIR GROWTH MANAGEMENT AREA
BOUNDARIES AND DELETING ALL REFERENCES TO THE POSSIBLE
PURCHASE BY TIMNATH OF THE VANGBO 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 to amend the boundaries of the Fort
Collins Growth Management Area(the"FCGMA")to match the boundaries that are specified in the
Intergovernmental Agreement; and
WHEREAS, Section 2.2(b) of the Intergovernmental Agreement also provides that
irrespective of whether or not the County approves the amendment of the FCGMA, Fort Collins
shall, 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,Section 2.3(b)of the Intergovernmental Agreement contains a similar provision
stating that Timnath shall, within one year, amend the boundaries of its Growth Management Area
(the "TGMA") match the boundaries that are specified in the Intergovernmental Agreement; and
WHEREAS,due to a number of extenuating circumstances,the parties have not yet been able
to accomplish the amendment of their respective growth management area boundaries; and
WHEREAS, Article 6 of the Intergovernmental Agreement grants to Timnath an "option
period"within which Timnath has the right to purchase from Fort Collins certain open space known
as the Vangbo Property; and
WHEREAS,on March 3,2010,the parties executed a First Amendment to Intergovernmental
Agreement which extended the periods of time within which Fort Collins was to amend the FCGMA
and Timnath was to provide written notice to Fort Collins of its intent to exercise its option to
purchase the Vangbo Property; and
WHEREAS, Timnath has decided that it no longer intends to pursue the acquisition of the
Vangbo Property; and
WHEREAS, the parties wish to execute a second amendment to the Intergovernmental
Agreement to: (1)extend until February 17, 2012,the period of time within which both parties will
amend the boundaries of their growth management areas; and (2) eliminate the provisions of the
Intergovernmental Agreement that establish Timnath's option to purchase the Vangbo Property.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Mayor is hereby authorized to enter into a Second Amendment to the
Intergovernmental Agreement Regarding Cooperation on Annexation, Growth Management and
Related Issues in substantially the form attached hereto as Exhibit"A", with such additional terms
and conditions as the City Manager, in consultation with the City Attorney, determines to be
necessary and appropriate to protect the interests of the City or effectuate the purpose of this
Ordinance.
Introduced, considered favorably on first reading, and ordered published this 18th day of
January, A.D. 2011, and to be presented for final passage on the 1st day of February, A.D. 2011.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading on the 1st day of February, A.D. 2011.
Mayor
ATTEST:
City Clerk
EXHIBIT A
SECOND AMENDMENT TO INTERGOVERNMENTAL AGREEMENT
(Regarding Cooperation on Annexation, Growth Management and Related Issues)
THIS SECOND AMENDMENT TO INTERGOVERNMENTAL AGREEMENT
("Amendment') is made and entered into this day of January, 2011, by and between THE
TOWN OF TIMNATH, COLORADO, a Colorado home rule town (hereinafter referred to as
"Timnath"), and THE CITY OF FORT COLLINS, COLORADO, a Colorado home rule
municipal corporation (hereinafter referred to as "Fort Collins").
RECITALS
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 to amend the boundaries of
the Fort Collins Growth Management Area (the "FCGMA") to match the boundaries that are
specified in the Intergovernmental Agreement; and
WHEREAS, Section 2.2(b) of the Intergovernmental Agreement also provides that
irrespective of whether or not the County approves the amendment of the FCGMA, Fort Collins
shall, 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 Latimer
County dated November 21, 2000 (the "City/County IGA"); and
WHEREAS, Section 2.3(b) of the Intergovernmental Agreement contains a similar
provision stating that Timnath shall, within one year, amend the boundaries of its Growth
Management Area (the "TGMA") match the boundaries that are specified in the
Intergovernmental Agreement; and
WHEREAS, due to a number of extenuating circumstances, the parties have not yet been
able to accomplish the amendment of their respective growth management area boundaries; and
WHEREAS, Article 6 of the Intergovernmental Agreement grants to Timnath an "option
period" within which Timnath has the right to purchase from Fort Collins certain open space
known as the Vangbo Property; and
WHEREAS, on March 3, 2010, the parties executed a First Amendment to
Intergovernmental Agreement which extended the periods of time within which Fort Collins was
to amend the FCGMA and Timnath was to provide written notice to Fort Collins of its intent to
exercise its option to purchase the Vangbo Property; and
WHEREAS, Timnath has decided that it no longer intends to pursue the acquisition of
the Vangbo Property; and
WHEREAS, the parties wish to execute a second amendment to the Intergovernmental
Agreement to: (1) extend until February 17, 2012, the period of time within which both parties
will amend the boundaries of their growth management areas; and (2) eliminate the provisions of
the Intergovernmental Agreement that establish Timnath's option to purchase the Vangbo
Property.
NOW, THEREFORE, in consideration of the mutual promises of the parties and other
good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the
parties agree as follows:
1. Section 2.2(b) of the Intergovernmental Agreement is hereby amended to extend the
period of time within which Fort Collins must amend the FCGMA, so that such Section
reads in its entirety as follows:
(b) Fort Collins shall seek the approval of Larimer County to
amend the boundaries of the FCGMA in accordance with Section 2.2(a) above.
In addition, and irrespective of whether or not Larimer County approves such
amendment, Fort Collins shall, on or before February 27, 2012, take all actions
necessary to amend those boundaries to the FCGMA as it exists independently of
the Intergovernmental Agreement between Fort Collins and Larimer County,
Colorado dated November 21, 2000, to conform the FCGMA to the limitations of
Section 2.2(a) above, it being the intention of and agreement of the parties that
the requirements of Section 2.1 shall apply to the (as hereby described and
amended) FCGMA boundaries irrespective of any action by Larimer County.
2. Section 2.3(b) of the Intergovernmental Agreement is hereby amended to extend the
period of time within which Timnath must amend the TGMA, so that such Section reads in its
entirety as follows:
(b) Timnath shall amend the TGMA in accordance with
Section 2.3(a) above on or before February 17, 2012.
3. That Article 6 of the Intergovernmental Agreement is hereby rescinded and shall be of no
further force and effect whatsoever.
4. No Further Modification. Except as expressly amended by this Amendment, the
Intergovernmental Agreement is unmodified and shall continue in full force and effect.
5. Binding Agreement. Both Timnath and Fort Collins intend that this Amendment shall
be binding upon them.
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6. Amendments. This Amendment may only be amended, changed, modified or altered in
writing, signed by both parties hereto.
7. Governing Law. This Amendment shall be governed by and construed in
accordance with the laws of the State of Colorado.
8. Jointly Drafted; Rules of Construction. The parties hereto agree that this
Amendment was jointly drafted, and, therefore, waive the application of any law, regulation,
holding or rule of construction providing that ambiguities in an agreement or other document
will be construed against the party drafting such agreement or document.
9. Defined Terms. Capitalized terms used in this Agreement but not otherwise
defined herein shall have the meanings set forth in the Intergovernmental Agreement.
[The Remainder of Page Intentionally Left Blank. Signature Pages Follow.]
IN WITNESS WHEREOF, the parties have executed this Agreement the day and year
first above written.
THE TOWN OF TIMNATH, COLORADO
By:
Mayor
ATTEST:
Town Clerk
APPROVED AS TO FORM
Town Attorney
THE CITY OF FORT COLLINS, COLORADO
By:
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM
City Attorney
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