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HomeMy WebLinkAbout2008-095-10/14/2008-RESPONDING TO THE TOWN OF TIMNATH RESOLUTION NO. 19, SERIES 2008, PROPOSING A PROGRAM OF COOPERATION i RESOLUTION 2008-095 OF THE COUNCIL OF THE CITY OF FORT COLLINS RESPONDING TO THE TOWN OF TIMNATH RESOLUTION NO. 19, SERIES 2008, PROPOSING A PROGRAM OF COOPERATION WITH THE CITY OF FORT COLLINS REGARDING THE RIVERWALK PROJECT WHEREAS, on September 17, 2008, the Town Board of the Town of Timnath (the "Town Board") adopted Resolution No. 19, Series 2008, in which the Town Board offered to share with Fort Collins certain sales tax revenues to be generated by a development known as the Riverwalk Project (the 'Proposed Project"), which development may be constructed on property located at the southwest corner of the intersection of Interstate 25 (the "Interstate") and Harmony Road (the 'Property"); and WHEREAS, in order for the City to be eligible for cost sharing under this proposal, the Town Board has suggested that, in a spirit of regional cooperation and with the assistance of Timnath, the City take the lead in funding the construction of various road and storm drainage improvements that will be needed to mitigate the impacts of the Proposed Project, and also provide public access to the Proposed Project from Harmony Road and from Strauss Cabin Road, which abuts the Proposed Project on the west of the Property; and WHEREAS, on June 11, 2008, Timnath entered into a pre-annexation agreement (the "Agreement") with the owners of the Property which provides, among other things, that the Town Board will consider annexing the Property, zoning the Property as requested by the owners,and providing various kinds of financial assistance to the Proposed Project; and WHEREAS, the Agreement further provides that the owners of the Property will not initiate any discussions with other municipalities, including Fort Collins, regarding the Proposed Project, nor seek to annex the Property to any such municipality; and WHEREAS, on September 24, 2008, pursuant to the Agreement, the Town Board approved a resolution initiating annexation proceedings for the Property and, on October 1, 2008, approved on first reading annexation and zoning ordinances for the Property; and WHEREAS, the City Council fully supports collaboration among neighboring municipalities with regard to regional planning and, toward that end, has worked cooperatively with Timnath over the years by: (1) ensuring that any activities or land acquisitions of the City east of the Interstate were acceptable to the then-current governing body of Timnath; (2) unilaterally funding extensive improvements to the I-25/Harmony Road interchange that substantially benefit both the City and Timnath; and (3) making possible, through its participation on the Poudre Fire Authority Board, the construction of a proposed new fire station in Timnath; and WHEREAS, the City Council is very willing to consider ways in which cooperation between Fort Collins and Timnath can be strengthened, including renewed discussions between the City and Timnath regarding land use and transportation planning, implementation of growth management policies, the identification and preservation of open space and natural areas, and the r delivery of such services as water, storm water, sanitary sewage disposal systems, fire and police protection; and WHEREAS, the Timnath proposal is problematic for Fort Collins because, if the Proposed Project is located outside the City limits, the City would not have uncommitted revenues available to fund the infrastructure improvements needed to accommodate and mitigate the impacts of the project, since development projects in neighboring communities do not pay the Fort Collins capital improvement expansion fees that normally help pay for these kinds of improvements; and WHEREAS, more importantly, the City Council cannot, in fairness to the residents of the City, agree to cooperate in making possible the development of the Proposed Project in Timnath, since the Property upon which the Proposed Project is to be located has, for more than 25 years, been included in the City's Growth Management Area, and the annexation to Timnath of that critical gateway to Fort Collins not only represents poor regional planning but fosters competition, rather than collaboration, between two municipalities that should instead be working as partners in fashioning a sustainable future for the residents of both communities. NOW, THEREFORE, BE IT RESOLVED BY COUNCIL OF THE CITY OF FORT COLLINS AS FOLLOWS: Section 1. That, if the Town Board is willing to not annex the Property to Timnath, the City Council would be willing to enter into an intergovernmental agreement with Timnath that would address the regional planning issues referenced above as well as the possibility of equitable revenue sharing, future Fort Collins community separator acquisitions, mutually acceptable GMA boundaries, regional trail connections, and a joint design review board. Section 2. That, if the Town Board pursues the annexation of the Property, such annexation will seriously jeopardize these joint planning efforts, and the funding of the infrastructure improvements needed to mitigate the impacts of the development and allow access thereto will be the sole responsibility of the Town of Timnath and/or the owners and developers of the Property. Passed and adopted at a regular meeting of the C it of the City of Fort Collins this 14th day of October A.D. 2008. i Mayor ATTEST: City Clerk lG