HomeMy WebLinkAbout2002-099-10/15/2002-AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING REGARDING THE IMPLEMENTATION, PERIODI 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 I-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 I-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. ,
.t 1,
Mayor ,�..,.-_-,,.
ATTEST:
c.
City Clerk
EXHIBIT "A"
Memorandum of Understandin
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
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. S. 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 sufficientlygiven for
all purposes if sent by certified mail, return receipt requested, g
fees prepaid, addressed to the Pa to whom such p q � postage and
ch 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: By: �� /
Mayor
301 Walnut Street, Windsor, CO 80550
THE COUNTY OF LARIMER, COLORADO
Date: By:
Chair, Board of Commissioners
200 W. Oak, Fort Collins, CO 80521