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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/05/2013 - SECOND READING OF ORDINANCE NO. 005, 2013, APPROVIDATE: February 5, 2013 STAFF: Darin Atteberry Steve Roy AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 12 SUBJECT Second Reading of Ordinance No. 005, 2013, Approving a Fifth 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. In late February 2012, a third amendment was approved by the City and Timnath that extended the deadline for the parties to amend their Growth Management boundaries. Another extension of the intergovernmental agreement is needed, and Ordinance No. 005, 2013, unanimously adopted on First Reading on January 15, 2013, extends the period of time within which the parties’ Growth Management Area boundaries are to be amended for an additional six months. The Town of Timnath has requested that a change be made to the Fifth Amendment to the IGA between Fort Collins and Timnath that Council approved on First Reading on January 15. The purpose of that amendment is to further extend the deadline for amending the respective growth management area boundaries of the two municipalities. The version of the Fifth Amendment that Council approved on First Reading authorizes the City Manager and the Town Manager to administratively approve any additional extensions that they believe are necessary, as long as the City and the Town are diligently pursuing the boundary amendments. While the Timnath Town Council agrees with the City Manager being given that authority on behalf of Fort Collins, it would like to defer its own decision as to which officer or employee it may wish to authorize to approve additional extensions on behalf of the Town. The attached revised version of the Fifth Amendment has been modified to address that concern. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary - January 15, 2013 (w/o attachments) COPY COPY COPY COPY ATTACHMENT 1 DATE: January 15, 2013 STAFF: Darin Atteberry Steve Roy AGENDA ITEM SUMMARY FORT COLLINS CITY COUNCIL 13 SUBJECT First Reading of Ordinance No. 005, 2013, Approving a Fifth 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. In late February 2012, a third amendment was approved by the City and Timnath that extended the deadline for the parties to amend their Growth Management boundaries. Another extension is needed, and Ordinance No. 005, 2013, will extend the period of time within which the parties’ Growth Management Area boundaries are to be amended for an additional six months. . If the City Manager and the Timnath Town Manager decide that additional time is needed to complete the boundary amendments, and if they also agree that both municipalities have been working diligently to accomplish the amendments, they can agree to additional extensions without having to bring the matter back to their governing bodies. 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 COPY COPY COPY COPY January 15, 2013 -2- ITEM 13 February 2010, the City and the Town approved a First Amendment to the IGA which extended both deadlines. 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. In late February 2012, a Third Amendment was approved by the City and Timnath that extended the deadline for the parties to amend their Growth Management boundaries. A Fourth Amendment was approved in November of 2012 dealing with issues unrelated to the GMA boundary amendments. During 2012, 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 six-month 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. The Fifth Amendment approved by the Resolution would also allow the City Manager and the Town Manager to further extend the timeframe for finalizing the boundary amendments if they determine that such an extension is necessary and agree that the parties have been diligently working toward that end. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. ORDINANCE NO. 005, 2013 OF THE COUNCIL OF THE CITY OF FORT COLLINS APPROVING A FIFTH 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”) to 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, the parties have previously executed three addenda to the Intergovernmental Agreement that have extended the deadline for the parties to amend their respective growth management areas to February 12, 2013, as well as a Fourth Amendment that dealt with an unrelated provision in the Intergovernmental Agreement; and WHEREAS, the parties wish to execute a Fifth Amendment to the Intergovernmental Agreement to further extend the period of time within which both parties will amend the boundaries of their growth management areas until August 12, 2013, or such later date as the City Manager and the Timnath Town Manager may agree in writing is reasonably necessary to finalize the amendments. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the Mayor is hereby authorized to enter into a Fifth 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 15th day of January, A.D. 2013, and to be presented for final passage on the 5th day of February, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Passed and adopted on final reading on the 5th day of February, A.D. 2013. _________________________________ Mayor ATTEST: _____________________________ City Clerk Page 1 of 4 FIFTH AMENDMENT TO INTERGOVERNMENTAL AGREEMENT (Regarding Cooperation on Annexation, Growth Management and Related Issues) THIS FIFTH AMENDMENT TO INTERGOVERNMENTAL AGREEMENT (“Amendment”) is made and entered into this ____ day of ______, 2013, 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, the parties have previously executed First, Second and Third Amendments to the Intergovernmental Agreement that have extended the deadline for the parties to amend their respective growth management areas to February 12, 2013; and WHEREAS, on November 13, 2012, the parties executed a Fourth Amendment to Intergovernmental Agreement, which modified provisions of the Intergovernmental Agreement related to funding and execution of work in connection with proposed flood mitigation improvements in the Boxelder Creek Basin; and EXHIBIT A Page 2 of 4 WHEREAS, the parties wish to execute a fifth amendment to the Intergovernmental Agreement to further extend the period of time within which both parties will amend the boundaries of their growth management areas, which extension will be until August 12, 2013, or such later date as the City Manager and the Timnath Town Manager may agree in writing is reasonably necessary to finalize the amendments. 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. Extension of Time for FCGMA Amendment. 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 beforeAugust 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. Notwithstanding the foregoing, if the Fort Collins City Manager and the Timnath Town Manager, in their discretion, determine that additional time is necessary to finalize the amendments of the FCGMA and TGMA as contemplated herein, and that the City and the Town have been working diligently toward that end, they may agree in writing to further extend the deadlines established in this paragraph (b) and in Section 2.3(b) below. 2. Extension of Time for TGMA Amendment. 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 beforeAugust 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. Page 3 of 4 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 Amendment but not otherwise defined herein shall have the meanings set forth in the Intergovernmental Agreement. IN WITNESS WHEREOF, the parties have executed this Amendment the day and year first above written. THE TOWN OF TIMNATH, COLORADO By: ____________________________________ Mayor ATTEST: ________________________ Town Clerk APPROVED AS TO FORM ________________________ Town Attorney Page 4 of 4 THE CITY OF FORT COLLINS, COLORADO By: ____________________________________ Mayor ATTEST: ________________________ City Clerk APPROVED AS TO FORM ________________________ City Attorney Page 1 of 4 FIFTH AMENDMENT TO INTERGOVERNMENTAL AGREEMENT (Regarding Cooperation on Annexation, Growth Management and Related Issues) THIS FIFTH AMENDMENT TO INTERGOVERNMENTAL AGREEMENT (AAmendment@) is made and entered into this ____ day of ______, 2013, by and between THE TOWN OF TIMNATH, COLORADO, a Colorado home rule town (hereinafter referred to as ATimnath@), and THE CITY OF FORT COLLINS, COLORADO, a Colorado home rule municipal corporation (hereinafter referred to as AFort 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 AIntergovernmental 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 AFCGMA@) 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 ACity/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 ATGMA@) 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, the parties have previously executed First, Second and Third Amendments to the Intergovernmental Agreement that have extended the deadline for the parties to amend their respective growth management areas to February 12, 2013; and WHEREAS, on November 13, 2012, the parties executed a Fourth Amendment to Intergovernmental Agreement, which modified provisions of the Intergovernmental EXHIBIT A Page 2 of 4 Agreement related to funding and execution of work in connection with proposed flood mitigation improvements in the Boxelder Creek Basin; and WHEREAS, the parties wish to execute a fifth amendment to the Intergovernmental Agreement to further extend the period of time within which both parties will amend the boundaries of their growth management areas, which extension will be until August 12, 2013, or such later date as the City Manager and the Timnath Town Manager may agree in writing is reasonably necessary to finalize the amendments. 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. Extension of Time for FCGMA Amendment. 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 August 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. Notwithstanding the foregoing, if the Fort Collins City Manager and the Timnath Town Manager, in their discretion, determine that additional time is necessary to finalize the amendments of the FCGMA and TGMA as contemplated herein, and that the City and the Town have been working diligently toward that end, they may agree in writing to further extend the deadlines established in this paragraph (b) and in Section 2.3(b) below. Any such extension agreement may be approved and executed on behalf of Fort Collins by the Fort Collins City Manager and on behalf of Timnath by such officer or employee of Timnath as may be authorized by the Timnath Town Council by resolution or motion. 2. Extension of Time for TGMA Amendment. 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 August 12, 2013. Page 3 of 4 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 Amendment but not otherwise defined herein shall have the meanings set forth in the Intergovernmental Agreement. IN WITNESS WHEREOF, the parties have executed this Amendment the day and year first above written. THE TOWN OF TIMNATH, COLORADO By:_________________________________ Mayor ATTEST: ________________________ Town Clerk APPROVED AS TO FORM ________________________ Town Attorney Page 4 of 4 THE CITY OF FORT COLLINS, COLORADO By: Mayor ATTEST: ________________________ City Clerk APPROVED AS TO FORM ________________________ City Attorney