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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/15/2002 - RESOLUTION 2002-099 AUTHORIZING THE MAYOR TO EXECU AGENDA ITEM SUMMARY ITEM NUMBER: 25 DATE: October 15, 2002 FORT COLLINS CITY COUNCIL FROM: Joe Frank SUBJECT : Resolution 2002-099 Authorizing the Mayor to Execute a Memorandum of Understanding Regarding the Implementation, Periodic Review and Update of the Northern Colorado Regional Communities I-25 Corridor Plan. RECOMMENDATION: Staff recommends adoption of the Resolution. EXECUTIVE SUMMARY: On November 20, 2001, the City Council adopted with conditions the Northern Colorado Regional Communities I-25 Corridor Plan as an element of the City's Comprehensive Plan. One of the "high priority" action items was developing a regional intergovernmental agreement "as a means for establishing a basis for continued cooperation between the participating communities". Last February, the I-25 Plan Policy Advisory Committee and Staff Technical Team, reconvened to discuss progress of implementation of the Plan. Over the next several months, one of the issues they focused their attention on was preparation of an intergovernmental agreement. The product of this effort was the attached Memorandum of Understanding (MOU). The MOU addresses three important issues: The Parties agree to consider taking the action steps described in Chapter VII of the Plan, with special emphasis on a few, critical ones; the Parties agree to keep their elected and appointed officials, and staff. informed of the legal and policy commitments of the MOU; and, the Parties agree to conduct a biennial (every two years) review of the Plan, beginning in 2004. BACKGROUND: On November 20, 2001, the City Council adopted with conditions the Northern Colorado Regional Communities I-25 Corridor Plan as an element of the City's Comprehensive Plan. Chapter VII of the Plan, Implementation Strategy, describes a number of actions that need to be taken over time if the Plan is to be successful. One of the "high priority" action items was developing a regional intergovernmental agreement "as a means for establishing a basis for continued cooperation between the participating communities". The Plan further stated that the agreement should address three items: "a commitment to the findings of the Plan and expression of willingness to move forward with its implementation"; "a commitment to undertake specific implementation actions as outlined in the Plan"; and, a "commitment to the continuing efforts on the part of the Staff Technical Team and Policy Advisory Committee to implement the recommendations of this Plan". i c o er _� DATE: � ITEM NUMBER: Last February, the I-25 Plan Policy Advisory Committee and Staff Technical Team, reformed to discuss progress of implementation of the Plan. Over the next several months, one of the issues they focused their attention on was preparation of an intergovernmental agreement. The product of this effort was the attached Memorandum of Understanding (MOU). The parties to the agreement are those jurisdictions who have adopted the Plan. By design, the MOU is not legally enforceable but rather is intended to reflect the spirit of cooperation and agreement amongst the jurisdictions as originally guided the preparation of the Corridor Plan. The MOU addresses three important issues: 1. The parties agree to consider taking the action steps described in Chapter VII of the Plan, with special emphasis on a few, critical ones. 2. The Parties agree to keen their elected and appointed officials, and staff, informed of the legal and policy commitments of the MOU. 3. The Parties agree to conduct a biennial (every two years) of the Plan, beginning in 2004. Status of Adoption of MOU by the Other Jurisdictions Larimer County, Berthoud, Loveland, Windsor and Fort Collins have approved the Plan and will be Parties to the MOU. Timnath and Weld County will become Parties to the MOU when, if ever, they adopt the Plan. Johnstown has declined to adopt the Plan and therefore will not be a Party to the MOU. The status of adoption of the MOU is as follows: • Larimer County —approved and signed MOU • Windsor—approved and signed MOU • Loveland—in review process • Berthoud—in review process • Fort Collins —in review process Staff Recommendation: Adoption The MOU is consistent with the recommendations of the Plan and the conditions of the City's approval of the Plan. It continues to rely on the voluntary cooperation of the individual jurisdictions. Other Recent I-25 Plan Implementation Actions 1. Adoption of Plan: • The Plan has been adopted by Berthoud, Loveland, Windsor, Larimer County, Fort Collins, and the NFRT&AQPC (transportation element only). • Plan adoption hearings have not yet been scheduled for Weld County and Timnath. • Johnstown declined to adopt the Plan. 2. Design Standards: • Berthoud has adopted the baseline design standards. • Windsor has adopted the baseline and recommended design standards, and has been applying the standards to new development proposals in the corridor. The I-25 Corridor c o er DATE: ITEM NUMBER: 25 Plan is referenced in their Comprehensive Plan (2002) in regards design standards and location of land use. • Latimer County has selectively adopted portions of the baseline and recommended design standards and has been applying the standards to new development proposals in the corridor; others Plan recommendations are being considered as part of their ongoing Code review process. • Fort Collins is reviewing adoption of selected design standards as part of the I-25 Corridor Subarea Plan. • The draft Timnath Comprehensive Plan references the I-25 Plan and design standards. and reinforces the Town's intent to review and consider their adoption. • Loveland is reviewing selected design standards in the context of their ongoing Code review process. 3. Transportation • The NFRAQPC has adopted the transportation element of the Corridor. Plan and are including the recommendations in their long range planning efforts. The I-25 Plan recommendations provided a framework for preparation of the Crossroads Subarea Transportation Study (2001). • Latimer County has amended their Transportation Plan to reflect the proposed local roadway network. • Fort Collins is recommending amendments to the City's Master Street Plan as part of the I-25 Subarea Plan and East Mulberry Subarea Plan, consistent with the I-25 Plan recommendations. 4. Open Lands • Loveland, Windsor and Fort Collins are utilizing the recommendations of the Plan in the update of their respective Open Lands plans. The I-25 Staff Technical Team will be used as a point of coordination amongst the various open lands planning efforts. • Fort Collins is considering designation of the Resource Recovery Farm as Open Lands as part of the City's 1-25 Subarea Plan. • The 1-25 Plan is consistent with and reinforces the Latimer County Open Lands Plan. The I-25 Plan has helped the County staff focus on priority areas in the corridor. • The recommendations of the I-25 Plan have been considered in the preparation of the Windsor/Fort Collins/Timnath Community Separator Study. • The I-25 Plan Policy Advisory Committee and Technical Team has prepared an inventory of open space purchases and plans for the corridor and has identified some additional open lands opportunities. This information is in the process of being refined and shared with their respective elected and appointed officials and staff. • The 1-25 Plan Policy Committee and Technical Team discussed the formation of a Regional Open Lands Task Force. A new proposal will be shared with the Policy Committee on October 18. • The Staff Technical Team has scheduled on their upcoming agenda, the discussion of Transferable Development Unit programs in the corridor. 5. Other • The Policy Advisory Committee and Staff Technical Team reformed last February and are meeting regularly to discuss implementation issues. RESOLUTION 2002-099 • OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING REGARDING THE IMPLEMENTATION, PERIODIC REVIEW AND UPDATE OF THE NORTHERN COLORADO REGIONAL COMMUNITIES I-25 CORRIDOR PLAN WHEREAS,on November 20,2001,the City Council adopted,with conditions,the Northern Colorado Regional Communities 1-25 Corridor Plan (The 'Plan") as an element of the City's Comprehensive Plan; and WHEREAS,Chapter VII of the Plan describes the implementation strategy and actions that are needed to implement the Plan, one of which actions is the execution of a regional intergovernmental agreement establishing a basis for continued cooperation among the participating communities; and WHEREAS, the Policy Advisory Committee and the Staff Technical Team met to prepare such an agreement in the form of a memorandum of understanding, which is not intended to be legally enforceable but rather to reflect the spirit of cooperation and agreement among the jurisdictions involved in the Plan; and WHEREAS, it is anticipated that all of the communities included in the planning area either . have approved the execution of the memorandum of understanding or will so approve, with the exception of Johnstown; and WHEREAS, the City Council has determined that it is in the best interests of the citizens of the City that the City of Fort Collins enter into said memorandum of understanding. NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Mayor is hereby authorized to execute the Memorandum of Understanding Regarding the Implementation, Periodic Review and Update of the Northern Colorado Regional Communities 1-25 Corridor Plan,a copy of which Memorandum of Understanding is attached hereto and incorporated herein as Exhibit "A," with such modifications and additional terms as the City Manager, in consultation with the City Attorney, determines to be necessary and appropriate to protect the interests of the City. Passed and adopted at a regular meeting of the City Council held this 15th day of October, A.D. 2002. Mayor ATTEST: • City Clerk EXHIBIT "A" Memorandum of Understanding Regarding the Implementation, Periodic Review and Update of the Northern Colorado Regional Communities I-25 Corridor Plan WHEREAS, the I-25 Corridor (the "Corridor"), which contains the major transportation facility in northern Colorado, will have a very profound influence on the future of Larimer and Weld Counties, and numerous municipalities within them; and WHEREAS, the Northern Colorado Regional Communities I-25 Corridor Plan (the "Plan") was developed through the cooperation and participation of numerous local governments in the north Front Range region, and has been adopted by each of the Parties to this Memorandum of Understanding; and WHEREAS, the Parties to this Memorandum of Understanding recognize that it will be necessary to monitor implementation of, and periodically . review and update, the Plan; and WHEREAS, in order for the Plan to be implemented, it is necessary that each of the Parties to this Memorandum of Understanding effectively perform various tasks as outlined in the adopted Plan in a timely manner. NOW, THEREFORE, in consideration of the covenants and obligations expressed herein, it is hereby agreed by and among the Parties as follows: Sec. 1. General Provisions Each Party to this Memorandum of Understanding, consistent with its adoption of the Plan, and as appropriate to each jurisdiction, agrees and commits to carefully consider taking all those action steps necessary to implement the Plan, including but not limited to: 1. consider amendments to codes as necessary to implement the Plan, and consider subsequent application and enforcement of specific design standards for new development within the Corridor; — 2. consider the establishment of the Plan as a review criterion in 40 making land use decisions in the Corridor; 3. consider amending local transportation and street plans as necessary to be consistent with the Transportation Element of the Plan; 4. consider amending local open space plans as necessary to be consistent with the Open Lands and Natural Areas Element of the Plan; 5. for municipalities, consider taking the steps necessary to designate, annex, plan and provide urban services to mixed-use activity centers in accordance with the Plan; 6. consider participation in the establishment of Regional Partnership Areas for transportation; 7. consider participation in the establishment of a Regional Open Space Task Force and/or other appropriate processes for the purpose of addressing open lands opportunities and priorities in the corridor; 8. provide on-going staff support to the Technical Advisory Committee, subject to approved budget allocation; and 9. actively participate in the Policy Advisory Committee. Sec. 2. Information and Training The Parties will, on an as-needed basis, conduct training sessions to inform their elected officials, appointed officials, and staff, as necessary, of the legal and policy commitments of this Memorandum of Understanding. Sec. 3. Biennial Review The Parties agree to conduct a biennial review of the Plan, beginning in 2004, for purposes of evaluating the need for amendments to the Plan and determining the degree to which implementation of the Plan has been achieved by the Parties to this agreement. Sec. 4. Enforcement The Parties understand and agree that this Memorandum of Understanding is entered into in good faith, and that each Party will endeavor to comply with its terms. However, the Parties specifically agree that this Memorandum of Understanding does not create an enforceable legal obligation upon any Party hereto, or any right of action by any third Party. Sec. 5. Termination This Memorandum of Understanding shall have a perpetual term. However. any Party may terminate its participation in this Memorandum of Understanding upon the giving of one-year written notice to each of the Parties. Sec. 6. Amendment of Memorandum of Understanding Any Party may request an amendment of this Memorandum of Understanding at any time. Such request shall be given in writing to each of the Parties, and shall be considered by the Parties without unreasonable delay and within no more than sixty (60) days of the last Party to receive the request. Sec. 7. Notice Any notice required -or permitted by this Memorandum of Understanding shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified mail, return receipt requested, postage and fees prepaid, addressed to the Party to whom such notice is to be given at the address set forth with the signatures below, or at such other address as has been previously furnished in writing, to the other Party or Parties. Such notice shall be deemed to have been given when deposited in the United States mail. Sec. 8. Exhibits Exhibits, which are reference material for this Memorandum of Understanding, are as follows: • Northern Colorado Regional Communities I-25 Corridor Plan, dated May 2001 • Development Design Standards for the I-25 Corridor. dated May 2001 IN WITNESS WHEREOF, the Parties hereto have executed this Memorandum of Understanding the day and year first written above. THE TOWN OF BERTHOUD A Municipal Corporation Date: By: Mayor P.O. Box 1229, Berthoud, CO 80513 THE CITY OF FORT COLLINS, COLORADO A Municipal Corporation Date: By: Mayor P.O. Box 580, Fort Collins, CO 80522 THE CITY OF LOVELAND, COLORADO A Municipal Corporation Date: By: Mayor 500 E. Third Street, Loveland, CO 80537 THE TOWN OF WINDSOR, COLORADO A Municipal Corporation Date: 1 •��i' �Z— By: Mayor i 301 Walnut Street, Windsor, CO 80550 THE COUNTY OF LARIMER, COLORADO Date: By: - Chair, Board of Commissioners 200 W. Oak, Fort Collins, CO 80521