HomeMy WebLinkAbout1993-035-03/16/1993-COLORADO STATE UNIVERSITY IGA LAND USE COOPERATION STATE BOARD OF AGRICULTURE RESOLUTION 93-35
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ACCEPTING THE DRAFT INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF FORT COLLINS AND THE STATE BOARD
OF AGRICULTURE AND AUTHORIZING THE CITY MANAGER TO
PROCEED WITH FINAL NEGOTIATIONS
WHEREAS, pursuant to Resolution 92-166, the Council of the City of Fort
Collins authorized the commencement of negotiations with Colorado State
University regarding an intergovernmental agreement, the purpose of which is to
establish closer cooperation and coordination of land use and other activities
as they affect Colorado State University ("CSU") and the City; and
WHEREAS, the City Manager, with the assistance and advice of certain
members of the City Council , negotiated with the administrative staff of CSU
certain "foundation elements" to guide the City and CSU in the preparation of an
intergovernmental agreement for the purpose of providing a framework for the
establishment of greater cooperation, coordination and communication with respect
to issues pertaining to land use, land development, annexation, utility and
traffic operations and other related issues that touch and concern both the City
and CSU; and
WHEREAS, a draft intergovernmental agreement has been prepared by the City
staff and presented to CSU for its review and comment; and
WHEREAS, the Council has determined that the draft intergovernmental
agreement is acceptable and is desirable in the interest of the protection of the
health, safety and welfare of the citizens of the City; and
WHEREAS, the Council has determined that it is in the best interests of the
City that the City Manager proceed with final negotiations regarding the draft
intergovernmental agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS
as follows:
Section 1 . That the draft intergovernmental agreement attached hereto and
incorporated herein by this reference be and hereby is accepted for official
presentation to CSU for review and comment.
Section 2. That the City Manager is authorized to finalize the
negotiations with CSU regarding said intergovernmental agreement, and present the
final draft of the agreement to the Council for its approval .
Passed and adopted at a regular meeting of the Council of the City of Fort
Collins held this 16th day of March, A.D. 1993.
Mayor
ATTEST:
oU L
City Clerk
INTERGOVERNMENTAL AGREEMENT
THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this
day of , 1993 , by and between THE CITY OF
FORT COLLINS, COLORADO, a municipal corporation ("the City") and
THE STATE BOARD OF AGRICULTURE OF THE STATE OF COLORADO for the use
and benefit of COLORADO STATE UNIVERSITY ("CSU") .
W I T N E S S E T H :
WHEREAS, pursuant to Section 29-1-203 , C.R.S. , governments may
cooperate or contract with one another to provide any function,
service or facility lawfully authorized to each of the cooperating
or contracting units of government; and
WHEREAS, any such contract may provide for the joint exercise
of the function, service or facility which is the subject of the
contract; and
WHEREAS, because of the location of the CSU main campus in the
heart of the City and because of the extensive economic, cultural,
social and demographic influence that CSU exercises in the City, it
is imperative that both the City and CSU cooperate to the greatest
extent possible in the governance of their respective
jurisdictions; and
WHEREAS, CSU continues to develop and construct improvements
upon its main and auxiliary campuses and other lands owned by CSU,
which development and construction can affect the use and enjoyment
of adjacent properties in the City, as well as the coordination of
City utility, traffic and transportation installations; and
WHEREAS, conversely, the growth and development of the City in
areas adjacent to CSU campuses or other lands can create influences
upon the development of such CSU campuses and lands; and
WHEREAS, the parties have accordingly determined that it is in
their best interests to enter into this Intergovernmental Agreement
for the purpose of providing a framework for the establishment of
greater cooperation, coordination and communication with respect to
issues pertaining to land use, land development, annexation,
utility and traffic coordination and other related issues that
touch and concern both the City and CSU; and
WHEREAS, the parties have predicated this Agreement upon
certain "Foundation Elements" which shall serve as a guide to the
intent of the parties in interpreting this Agreement, which
Foundation Elements are attached hereto as Exhibit "A" and
incorporated herein by this reference.
NOW, THEREFORE, in consideration of the mutual covenants of
the parties and other good and valuable consideration, the receipt
and adequacy of which are hereby acknowledged, the parties agree as
follows:
1 . Annexation. Upon request of the City, CSU will cooperate
in the annexation of all campuses or other properties owned by CSU
into the City when each such campus or other property becomes
eligible for annexation pursuant to Colorado law. Such annexations
shall be subject to the same or similar terms and conditions as
have been applied to previous CSU annexations. CSU shall submit to
the City its petition requesting annexation within sixty (60) days
of the receipt of any such request by the City for annexation.
2 . Master Planning. The parties understand and agree that
master (meaning comprehensive/long range) planning can help to
avoid the potential for conflict in the development of individual
site projects. Accordingly, it is agreed that there exists a need
to develop mutual guidelines in order to enable the parties to
review and share information on their respective master plans to
the extent that such plans affect areas of mutual interest or
concern. Such "areas of mutual interest or concern" include by way
of example, and not by way of limitation, any planning or
development of a project by one of the parties that has an impact
upon the other party by reason of the appearance of the project,
traffic generated by the project, - environmental impacts (such as
air and water quality) generated by the project, impacts upon the
delivery of utility services, and impacts upon stormwater drainage
systems that jointly affect the parties. Master planning is best
facilitated by honest, constructive and open discussions and
decision-making. Accordingly, the parties agree to:
A. Submit to each other for review and comment all
master plans approved or adopted after the date of
this Agreement, and all proposed changes in such
plans to the extent that any such plans pertain to
an area of mutual interest or concern as described
above. Each party agrees to exert all reasonable
efforts to comply with the recommendations and
requests of the other party with respect to any
such submitted plans.
B. Include City and CSU representatives on any
"planning committees" established by either party
to the extent that the purpose of any such planning
committee is to examine areas of mutual interest or
concern as described above. "Planning committee"
shall not be deemed to include any board or
commission of the City.
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C. Include the City Planning Director as a non-voting,
ex-officio member of the CSU Physical Development
Committee.
D. Cooperate in attending meetings and otherwise
communicating with one another on an as-needed
basis to resolve disputes and to review one
another's plans.
3 . Development of Specific Sites By CSU. The parties
recognize the necessity of establishing a land use review procedure
for any CSU buildings or other structures proposed to be located
within five hundred (500) feet of any City-owned right-of-way or
within five hundred (500) feet of any lands not owned by CSU and
located within the corporate limits of the City or any such
building or structure which affects an area of mutual interest or
concern, as described in paragraph 2 . hereof. Accordingly, in the
event that CSU should propose to construct any such buildings or
other structures located or generating impacts as aforesaid, CSU
shall submit complete drawings and site development plans to the
City Planning Director, showing the location, character and extent
of such proposed improvements.
Prior to the submission of such plans, CSU may confer with the
City staff regarding the concept of its development proposal. This
conceptual review option is made available to CSU for the purpose
of helping to ensure that both parties are communicating closely
with one another regarding the type of development believed by each
party to be desirable.
Following submission of the aforesaid drawings and site
development plans, the City Planning Director shall review and
comment upon such drawings and plans, and, to the extent that the
City Planning Director determines that the plans should be amended
in order to protect the best interests of the City, the City
Planning Director shall communicate those comments and
recommendations to CSU and attempt to negotiate the necessary
amendments to the plans. (As a part of the City staff review of
the proposed plans, City staff may schedule a neighborhood meeting
prior to formal submittal of such plans, if it believes such a
meeting is necessary to conduct a thorough review of the plans, and
CSU agrees to provide appropriate personnel to attend any such
neighborhood meeting, which personnel shall be prepared to respond
to questions and concerns that might reasonably be anticipated to
be raised at such meeting. )
Subsequent to such negotiations, or promptly upon the
determination of either party to terminate further negotiation, the
City Planning Director shall submit such plans to the Planning and
Zoning Board for public review and comment. No construction shall
be commenced upon any such property pursuant to any such proposed
plan until the Planning and Zoning Board has completed its public
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review and comment upon said plan. It is understood that the final
decision of the Planning and Zoning Board upon its review and
comment is appealable to the City Council pursuant to Chapter 2 of
the City Code and that, upon such appeal, the City Council is also
limited to the right to review and comment upon the plan. CSU
shall exert all reasonable efforts to comply with the City' s
requests with respect t. any such submitted plans. The failure of
the City to respond with comments or requests within sixty (60)
days after the date that a proposed plan is formally submitted to
the City shall be deemed approval of the plan by the City. Said
sixty (60) day period shall be stayed pending appeal as above
provided.
4 . Development of Specific Sites Affecting CSU. The parties
recognize that the development of property adjacent to or in
reasonable proximity to CSU lands may have an impact upon property
owned by CSU or may affect an area of mutual interest or concern as
described in paragraph 2 . of this Agreement. The parties also
recognize that the City' s established development review process is
available to CSU as a public process for comment upon any such
development. However, in an effort to further involve CSU in this
development review process, and in an effort to further apprise CSU
of the development of specific sites anticipated by the City to
generate an impact on an area of mutual interest and concern, the
City agrees to exert all reasonable efforts to notify CSU of any
such site specific developments and to submit any plans for such
developments to CSU for review. Since numerous plans are presented
to the City for approval pursuant to its public land use review
process, CSU agrees to rely upon the public notices which are
provided as a part of that process and the City shall not be
responsible to CSU for failing to identify or perceive the
generation of an impact upon an area of mutual interest or concern
or for the failure to submit a plan perceived by CSU as generating
such an impact. However, the City will exert its best efforts to
identify such impacts and to submit those plans generating such
impacts to CSU. Furthermore, the City will give meaningful
consideration to the comments and requests of CSU and will exert
all lawful and reasonable efforts to comply with the
recommendations of CSU with respect to such plans.
5. Signs. All "signs" as defined in Section 29-1 of the
Code of the City, constructed, erected or otherwise located, after
the date of the execution of this Agreement, upon property owned or
occupied by CSU shall conform to the requirements and restrictions
set forth in Sections 29-562 ; 29-595 (except subparagraph "H"
thereof) ; and 29-600 of the Code of the City, as such Sections are
presently established, copies of which are attached hereto.
6 . Landscaping Standards. CSU shall develop and submit to
the City for review within one hundred twenty (120) days of
execution of this Agreement, landscape standards and criteria to be
utilized by CSU for the construction of any buildings, signs or
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other structures that are proposed to be located within five
hundred (500) feet of any City-owned right-of-way or within five
hundred (500) feet of any property not owned by CSU and located
within the corporate limits of the City. No amendment shall be
made to such standards or criteria except following City review of
any such amendment.
7 . No Abrogation. This Agreement shall not be deemed to
abrogate the rights and/or obligations granted to or imposed upon
the parties pursuant to law.
S . Term. The term of this Agreement shall continue for a
period of five (5) years from the date hereof and shall be
automatically renewed for successive five (5) year periods, unless
terminated by either party. Either party may terminate this
Agreement at the close of any five (5) year period by the giving of
written notice of termination to the other party not less than
thirty (30) days prior to the close of the five (5) year period
then in effect.
9 . Territorial Jurisdiction. This Agreement is limited in
its application to only those lands owned or occupied by CSU which
lie within the boundaries of the Fort Collins Urban Growth Area
and/or are eligible for annexation into the City.
10. Dispute Resolution. In the event that the City and CSU
are unable to agree upon the rights and obligations of the parties
with respect to this Agreement, the matter in dispute shall be
submitted to the City Manager of the City and the President of CSU,
or their respective designees, who shall attempt to negotiate a
resolution of the differences between the parties in such manner as
they may deem appropriate.
11. Understanding of the Parties. This Agreement constitutes
the entire understanding of the parties hereto and may not be
amended or modified except by written agreements of the parties.
12 . Intent for the Future. This Agreement addresses issues
pertaining to land use and land development which are of immediate
concern to the City and CSU. The parties recognize that other
programs and projects of mutual interest or concern should also be
addressed. The intent of both the City and CSU is that serious
discussions be continued concerning such matters in a timely manner
in order to continue developing mutually beneficial and harmonious
working relationships between the parties; and the parties
anticipate future amendments or addenda to this Agreement to
encompass such other programs and projects of mutual interest or
concern.
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IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the day and year first above written.
THE CITY OF FORT COLLINS, COLORADO,
A Municipal Corporation
By:
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
Deputy City Attorney
THE STATE BOARD OF AGRICULTURE OF THE
STATE OF COL0RADO for the use and
benefit of COLORADO STATE UNIVERSITY
By:
President
ATTEST:
Secretary -
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