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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/21/2012 - SECOND READING OF ORDINANCE NO. 007, 2012, APPROVIDATE: February 21, 2012 STAFF: Darin Atteberry Steve Roy AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 7 SUBJECT Second Reading of Ordinance No. 007, 2012, Approving a Third 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. 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. In early 2011, a second amendment was approved by the City and Timnath that extended the deadline for the parties to amend their Growth Management boundaries and deleted all references to Timnath’s possible purchase of the Vangbo property because Timnath decided not to move forward with the purchase. Another extension is needed, and Ordinance No. 007, 2012, unanimously adopted on First Reading on February 7, 2012, extends the period of time within which the parties’ Growth Management Area boundaries are to be amended to February 12, 2013. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - February 7, 2012 (w/o attachments) COPY COPY COPY COPY ATTACHMENT 1 DATE: February 7, 2012 STAFF: Darin Atteberry Steve Roy AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 9 SUBJECT First Reading of Ordinance No. 007, 2012, Approving a Third 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. 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. In early 2011, a second amendment was approved by the City and Timnath that extended the deadline for the parties to amend their Growth Management boundaries and deleted all references to Timnath’s possible purchase of the Vangbo property because Timnath decided not to move forward with the purchase. Another extension is needed, and Ordinance No. 007, 2012, will extend the period of time within which the parties’ Growth Management Area boundaries are to be amended for an additional year. BACKGROUND / DISCUSSION In February 2009, the City Council adopted 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 consistent with 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 IGA with the County also establishes boundaries for the 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 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 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 2010, the City and the Town approved a First Amendment to the IGA which extended both deadlines. COPY COPY COPY COPY February 7, 2012 -2- ITEM 9 In February 2011, the City Council approved a Second Amendment to the IGA that extended the deadline for the parties to amend their Growth Management boundaries and deleted all references to Timnath’s possible purchase of the Vangbo property because Timnath decided not to move forward with the purchase. 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 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. On January 24, 2012, the Timnath Town Council adopted an Ordinance on First Reading (see Attachment 1) adopting the third amendment to the Intergovernmental Agreement; Second Reading is scheduled for February 14, 2012. The extension agreement approved by this Ordinance extends the deadline for GMA boundary amendments for an additional year (until February 12, 2013). STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. ATTACHMENTS 1. Town of Timnath Ordinance Approving A Third Amendment to the February 17, 2009 Intergovernmental Agreement Entered Into Between The Town Of Timnath And The City Of Fort Collins ORDINANCE NO. 007, 2012 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING A THIRD 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 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, on March 3, 2010, the parties executed a First Amendment to Intergovernmental Agreement and on February 2, 2011, the parties executed a Second Amendment to Intergovernmental Agreement, both of which extended the periods of time within which Fort Collins was to amend the FCGMA; and WHEREAS, the parties wish to execute a third amendment to the Intergovernmental Agreement to extend until February 12, 2013, the period of time within which both parties will amend the boundaries of their growth management areas. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Mayor is hereby authorized to enter into a Third 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 7th day of February, A.D. 2012, and to be presented for final passage on the 21st day of February, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 21st day of February, A.D. 2012. _________________________________ Mayor ATTEST: _____________________________ City Clerk THIRD AMENDMENT TO INTERGOVERNMENTAL AGREEMENT (Regarding Cooperation on Annexation, Growth Management and Related Issues) THIS THIRD AMENDMENT TO INTERGOVERNMENTAL AGREEMENT (“Amendment”) is made and entered into this ____ day of ______, 2012, 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 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, on March 3, 2010, the parties executed a First Amendment to Intergovernmental Agreement and on February 2, 2011, the parties executed a Second Amendment to Intergovernmental Agreement, both of which extended the periods of time within which Fort Collins was to amend the FCGMA; and WHEREAS, the parties wish to execute a third amendment to the Intergovernmental Agreement to extend until February 12, 2013, the period of time within which both parties will amend the boundaries of their growth management areas. Page 1 of 3 EXHIBIT A 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 12, 2013, 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 12, 2013. 3. No Further Modification. Except as expressly amended by this Amendment, the Intergovernmental Agreement is unmodified and shall continue in full force and effect. 4. Binding Agreement. Both Timnath and Fort Collins intend that this Amendment shall be binding upon them. 5. Amendments. This Amendment may only be amended, changed, modified or altered in writing, signed by both parties hereto. 6. Governing Law. This Amendment shall be governed by and construed in accordance with the laws of the State of Colorado. 7. 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. 8. Defined Terms. Capitalized terms used in this Agreement but not otherwise defined herein shall have the meanings set forth in the Intergovernmental Agreement. Page 2 of 3 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 Page 3 of 3