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
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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