HomeMy WebLinkAbout910329.tiff RESOLUTION
RE: ACTION OF BOARD CONCERNING REQUEST FROM THE CITY OF THORNTON FOR AN
INTERGOVERNMENTAL AGREEMENT FOR A MORATORIUM ON ANNEXTION IN SOUTH WELD
COUNTY
WHEREAS, the Board of County Commissioners of Weld County, Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested
with the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, at the regular Board meeting of April 17, 1991, the City of
Thornton presented a draft Intergovernmental Agreement among the City of
Thornton, city of Broomfield, City of Northglenn, and Weld County regarding
annexation and development in a certain area of Weld County, and
WHEREAS, after consideration, the Board deemed it advisable to support the
concept of an Intergovernmental Agreement to include Weld County and all entities
involved after they have completed the regional task force on rezoning and
comprehensive planning.
NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of
Weld County, Colorado, support the concept of an Intergovernmental Agreement to
include Weld County and all entities involved after they have completed the
regional task force on rezoning and comprehensive planning.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 17th day of April, A.D. , 1991.
iket BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNT LORADO
Weld County Clerk to the Board
Gord y, irman
eputy Clerk to the Boat__- { Ge e Kenn y, Pro-Tem
APPROVED AS FORM:
X,�Constance
✓At"
7
County Attor ey C. W. Kirby
W. Webster
910329
FGA `'1
THORNTON CITY MANAGER TFL :303-538-7562 Apr 1 ,91 13 : 13 No .006 P .03
INTERGOVERNMENTAL AGREEMENT
AMONG THE CITY OF THORNTON, CITY OF BROOMFIELD, CITY OF NORTHGLENN
AND WELD COUNTY REGARDING ANNEXATION AND DEVELOPMENT IN A CERTAIN
AREA OF WELD COUNTY
THIS AGREEMENT is made and entered into this day of
, 19 , among THE CITY OF THORNTON ("Thornton") , a home
rule city and political subdivision of the State of Colorado, THE
CITY OF BROOMFIELD ("Broomfield") , a home rule city and political
subdivision of the State of Colorado, THE CITY OF NORTHGLENN
("Northglenn") , a home rule city and political subdivision of the
State of Colorado, and THE COUNTY OF WELD ("Weld") , a home rule
county and political subdivision of the State of Colorado, known
collectively as the "parties".
WHEREAS, the governing bodies of Thornton, Broomfield,
Northglenn and Weld, after a public hearing held by each, find
that:
1. Growth and development exist and will continue to exist
within the vicinity of Thornton, Broomfield, Northglenn and
Weld.
2. Each entity has a commitment to orderly growth and quality
development; to promoting the economic viability of their
respective communities; to planning the location and timing of
activities and development.
3. Cooperation and increased coordination among the parties
represented in this Agreement, in planning for the affected
geographic area, will enhance the ability of the parties to
achieve their respective and common goals.
4 . The people of the State of Colorado have authorized the
entities to exercise the powers and to cooperate and contract
in the matters set out in this Agreement through Colorado
Constitution, Article XIV, Section 18 (2) (a) , Article XX, and
Article XI, Section 7.
B. The General Assembly of the State of Colorado has
authorized and encouraged entities to exercise the powers and
to cooperate and contract in the matters set out in this
Agreement through the enactment of state statutes including,
but not limited to: C.R.S. , as amended, Section 29-20-101, et
miss and particularly Section 29-20-105; Section 29-1-201, et
sags , and particularly Section 29-1-201 and Section 29-1-203;
Section 31-12-101, et seq. .
1
910321
APR 16 ' 91 13: 24 303 538 7552 PAGE . 203
THORNTON CITY MANAGER TEL :303-538-7562 Apr 16 ,91 13 : 14 No .006 P . 04
6. This Intergovernmental Agreement is entered into pursuant
to the authority granted by the General Assembly and the
people of the state of Colorado, as described above, and the
subject matter and agreements contained herein are logical and
foreseeable results of the state's enactment of the foregoing
statutes and Constitutional provisions.
WHEREAS, the parties have a responsibility to their citizens
to provide orderly and viable patterns of growth and development;
and
WHEREAS, the parties desire to protect and enhance the quality
of life for their citizens including the provision of compatible
land uses; and
WHEREAS, the parties desire to develop and implement a
comprehensive urbanizing plan that preserves the aesthetic values
within the vicinity of Thornton, Broomfield, Northglenn and Weld.
NOW, THEREFORE, in consideration of the mutual covenants and
agreements contained herein, it is agreed by and among the parties,
evidenced herein by their signatures on separate signature pages,
as follows:
1. Geoaraphic Area. The Area referenced in this Agreement is
specifically the following:
An area with a western boundary of Interstate 25,
a southern boundary of Weld County Road 2, an eastern
boundary of Weld County Road 19 and a northern boundary
of weld County Road 6, said area illustrated in a map
attached hereto and incorporated herein as Exhibit A.
2 . Annexation Moratorium. In order to achieve the purposes
of this Agreement as described herein, the parties agree as follows
with respect to annexation by each within the Area described in
paragraph 1 above:
(a) Thornton, Broomfield and Northglenn agree not to
exercise their annexation powers within the Area.
(b) Weld agrees not to file or approve any petition
requesting annexation within the Area.
2 91.C:729
APR 16 ' 91 13: 25 303 538 7562 PAGE . 004
THORNTON CITY MANAGER TEL :303-538-7562 Apr 16 ,91 13 : 15 No .006 F . O5
3. Development Moratorium. In order to achieve the purposes
of this Agreement as described herein, all the parties agree as
follows with respect to land use or land use development by each
within the Area described in paragraph 1 above:
(a) Except for single family residential uses and farm out-
buildings, no development shall be approved, permitted or
commenced within the Area unless previously approved in
writing by all parties
4. Comprehensive Land Use Plan. The parties hereto agree to
devote their best efforts and exercise good faith in developing and
approving a mutually beneficial land use plan applicable to
development by all parties within the Area described in paragraph
1 above. It is the intention of the parties that such
comprehensive plan shall be completed within two (2) years of the
date of this Agreement.
5. Termination. The term of this agreement, including the
term of the annexation and development moratoriums described above,
shall be for a period not to exceed two (2) years from the date of
execution by the last of the four parties to this Agreement. This
Agreement may be terminated at an earlier date upon either of the
following conditions:
(a) the approval by all parties hereto of a Comprehensive Land
Use Plan, as described in paragraph 4 above, OR
(b) written consent to terminate by all parties to this
Agreement.
6. Severability. If any portion of any paragraph of this
Agreement is held invalid or unenforceable by a court of competent
jurisdiction as to any party, such invalidity or unenforceability
shall not affect the other paragraph(s) of this Agreemont.
IN WITNESS WHEREOF, the above parties hereto have caused this
Agreement to be executed.
" 17 732
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3
APR 16 ' 91 13: 26 303 538 7562 PAGE . 005
THOR - CITY MAN TEL:303-538-7562
.� Apr 11 ,91 14 :41 N0 .008 P . 01
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Thornton . CLEE:
6500 CiviO Center Drive
PA. Bon 261220
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Thornton,Colorado 60226-1220 •
FAX N0. 53B-7562
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We are beginning to send ca\ pages (including this
cover memo). If transmission is interrupted or of poor
quality, please call (303) 538-7200.
1.0 29
•'The Glfy o1 Planned Progress••
APR 11 ' 91 14: 53 303 536 7562 PRGE . 001
THORNTON CITY MANAGER TEL :303-538-7562 Rpr 11 ,91 14 :41 No .008 P . 02
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Civic CenNI
.0011 City of rr ! ; eta # -'9
�" Thornton ri
TO T.:.
9E00 Civic Center Drive
V.U. Dox 291220
1 iiornton. Coioredn 90220-1220
April 11, 1991
Mr. Gordon 8. Lacy, Chairman
Weld county commissioners
P. O. Box 1988
Greeley, Co 80632
Dear Mr. Lacys
This letter is a follow-up to our conversation regarding weld county
Road 13. As I indicated to the Board, the City of Thornton had
been informed that the Commiesioners would withdraw the annexation
petition to Northglenn upon approval of the intergovernmental
agreement. The City was unaware that the County intended to
withdraw only a portion of the annexation petition. While Thornton
appreciates the action taken to withdraw the petition relating to
Weld County Road 2 (VCR 2), the City of Thornton respectfully
requests that the Commissioners withdraw the petition to annex a
portion of weld County Road 13 (WCR 13) to the City of Northglenn.
The City le presently involved in negotiations with property owners
whose property abut. WCR 13. This road, also referred to as
Colorado Boulevard in Adams county, is a major roadway in Thornton.
Since Thornton's municipal boundaries extend to WCR 2 and Thornton
expects to annex property abutting WCR 13, it would be logical for
Thornton to provide for the maintenance of the portion o£ WCR 13
that abuts the annexing area.
I look forward to discussing these items at the April 17, 1991
Commiaafonera meeting. Thank you for your conaideration.
Si, :re , ,
•+ k Ethredge
�ity Manager
cos Mayor and Council
Weld County Commissioners
Lee Morrieon, Asst. County Attorney
Jim LandeCk, Northglenn City Manager
Kevin Maggio, City Attorney
Dave Wenzel, Community Development Director
Joyce Hunt, Assistant City Manager
"'Me City o1 Pinnne0 Negress"
PPR 11 ' 91 14: 53 303 530 7562 PAGE . 002
RESOLUTION
RE: WITHDRAW PORTION OF PETITION FOR ANNEXATION - WELD COUNTY ROAD 2
WHEREAS, the Board of County Commissioners of Weld County, Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested
with the authority of administering the affairs of Weld County, Colorado, and
WHEREAS, on March 20, 1991, the Board, by Resolution, accepted a petition
for annexation of Weld County Road 2 and Weld County Road 13 to the City of
Northglenn, and
WHEREAS, after further discussion, the Board deems it advisable to withdraw
that portion of the petition for annexation concerning Weld County Road 2.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the portion of the petition for annexation of Weld County
Road 2, approved by Resolution of the Board on March 20, 1991, be, and hereby is,
withdrawn.
BE IT FURTHER RESOLVED that the Board hereby directs the County Attorney's
staff to make the proper notification to Northglenn.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted by the following vote on the 15th day of April, A.D. , 1991.
V BOARD OF COUNTY COMMISSIONERS
ATTEST: /� WELD COUNTY, OL 0
Weld County Clerkto the Board
Gor. ' q. a , airman
By.
` Dejputy Clerk to the Board-� Ge ge Ken dy, ro-Tem
A�R9!/ I/ AS TO FORM: .P ..t4•444-111&\
onstance L. Harbert
4 /
County Attorney C. W. Kir y
b1,64 ,.),.
W. H. Webster
910311
"p',: cec c� a,4 si.e 39;')
at
• J i rf 11701 Community Center Drive
l 'Crt' Northglenn, Colorado 80233
H✓ � a Phone (303) 451-8326
TM
April 15 , 1991
Board of County Commissioners of the
County of Weld
915 Tenth Street
P. O. Box 1948
Greeley, CO 80632
Re : Weld County Road 13
Dear Commissioners :
The undersigned members of the City Council of the City of
Northglenn hereby request the Commissioners not to withdraw the
portion of the annexation petition dated March 20 , 1991 , which
requests the annexation of Weld County Road 13 . A brief summary
of the history leading up to this request might be helpful .
In late 1988 Northglenn became concerned about the City of
Thornton ' s aggressive annexations in northern Adams County which
included a "windowpane " annexation, consisting solely of road
right-of-way, near Northglenn ' s $30 , 000 , 000 Wastewater Treatment
Facility (the "WWTF" ) . In order to prevent any attempt by Thornton
to annex the WWTF Northglenn commenced proceedings for the
annexation of the half-section of land on which the Facility is
located to the City of Northglenn.
Prior to commencing these proceedings Northglenn contacted Weld
County to determine if the County had any objections to the
proposed annexation . The County requested that Northglenn annex
and undertake the maintenance of Weld County Road 11 as part of the
annexation of the WWTF . Northglenn included the adjacent portion
of Road 11 in its annexation and has been maintaining that Road
since February of 1989 .
In May of 1990 Thornton announced its intention to annex
Northglenn ' s WWTF and , on July 23 , 1991 , adopted an ordinance
purporting to annex the land on which the WWTF is located .
Northglenn challenged this annexation and , on January 15 , 1991 , the
Weld County District Court ruled in Northglenn ' s favor ,
invalidating Thornton ' s annexation of the WWTF . Thornton has
appealed that ruling .
91.0:321
Board of County Commissioners of the
County of Weld
April 15 , 1991
Page Two
After the court ruling , Northglenn accepted a petition for the
annexation of the half-section of land located to the East of the
WWTF. This petition was signed by 100% of the property owners .
As before , Northglenn ' s staff contacted Weld County prior to
commencing annexation proceedings and provided the County with the
statutorily required notice and impact report . The County
Commissioners responded with a letter , signed by Chairman Lacy,
dated February 26 , 1991 which stated in relevant part as follows :
Dear Mayor and Council Members :
The Board of County Commissioners has received
your Resolution regarding the above annexation
and respectfully requests that the County Road
adjacent to the site , Weld County Road 13 , be
annexed as soon as is practicable and that
arrangements be made in the interim for
Northglenn to assume the costs borne by Weld
County for maintenance of that road .
Additionally, Weld County would ask that you
consider annexing Weld County Road 2 , between
Weld County Roads 11 and 13 , when and if Weld
County becomes responsible for maintenance of
any portion of the road . Currently, it is
maintained by Adams County by Agreement .
In response to this request , Northglenn ' s City Attorney prepared
and forwarded to the County Attorney ' s office a form of annexation
petition for the annexation of portions of Weld County Roads 2 and
13 . The annexation petition was filed in the office of
Northglenn ' s City Clerk on March 27 , 1991 . As with all Northglenn
annexation petitions , the petition provided that it could be
withdrawn any time before final annexation .
Weld County advised Northglenn that it would withdraw its petition
for the annexation of Weld County Road 2 upon Thornton entering
into an intergovernmental agreement with the County governing
weight limitations and access on Road 2 . Such an agreement has
been reached and the Commissioners have withdrawn the portion of
the annexation petition relating to Road 2 .
Thornton has now requested the Commissioners to withdraw the entire
petition , so as to allow Thornton to annex Road 13 . Thornton has
stated , in a letter to Chairman Lacy, that :
Board of County Commissioners of the
County of Weld
April 15 , 1991
Page Three
[Thornton ] is presently involved in
negotiations with property owners whose
property abuts WCR 13 . This road , also
referred to as Colorado Boulevard in Adams
County, is a major roadway in Thornton . Since
Thornton ' s municipal boundaries extend to WCR
2 and Thornton expects to annex property
abutting WCR 13 , it would be logical for
Thornton to provide for the maintenance of the
portion of WCR 13 that abuts the annexation area .
This statement would seem to fly in the face of earlier statements
by Thornton that it had no ambition to annex into Weld County .
As the members of Northglenn ' s City Council we would respectfully
ask that Weld County not withdraw the annexation petition as it
relates to Road 13 for several reasons :
First , Weld County asked Northglenn to annex this road .
Second , Northglenn has already annexed the property abutting the
west side of Road 13 . It makes more sense to have the community
that has already annexed the adjacent land maintain the road than
to defer to a community which is merely "involved in negotiations"
with unnamed property owners whose property allegedly abuts Road
13 .
Third , Weld County has generally allowed the first party which
received a petition to proceed with annexation . This is why the
Commissioners deferred to Thornton by withdrawing the Road 2
annexation once Thornton had executed a suitable intergovernmental
agreement . We would ask that the Commissioners apply this policy
here and allow Northglenn to proceed with this annexation .
Finally, Northglenn believes that Thornton ' s primary motivation in
seeking to annex Road 13 is to limit access to the property annexed
by Northglenn . We request that the County not be a participant in
this attempt and stay neutral as it has in the past .
91.0329
Board of County Commissioners of the
County of Weld
April 15 , 1991
Page Four
Northglenn has worked hard to build and maintain a good
relationship with Weld County . We have consistently consulted Weld
County regarding our activities and will continue to honor any
requests or suggestions made by the Commissioners regarding road
maintenance , annexation petition relating to Weld County Road 13 ._119. 20j2...at_
Mayor D. L. Parsons Councilmember B 11 Goodspeed
Councilmember Chet Truex o icilmember Joyc owning
ouncilmember Suss n Payne Counci ber Phil C rney
f � LA,„
uncilmem er James Daws , Jr . Councilmember K • eMay
C. r frr-Councilmember Bill Gillespie
.913321 21
THORNTON CITY MANAGER TEL :303-538-7562 Apr 18 ,91 13 : 12 No .006 P .01
Civic tenter
isok . City. of
�� Thornton
9500 Civic Center Privy
PA. Box 291220.
Thornton,Colorado 60229.1220 •
•
•
FAX N0. 538-7562
•
FAX N0. 342- OAF 542.
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DATE: 41-46•9/
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COMMENTS:
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We are beginning to send te' • pages (including this
cover memo) . If transmission is interrupted or of poor
quality, please call (303) 538-7200.
91 '17'
te rt
"The City of Planned Progress"
RPR 16 ' 91 13: 23 303 538 7562 PRGE - 001
THORNTON CITY MANAGER TEL :303-538-7562 Apr 1c ,91 13 : 13 No .006 P . 02
\S
Civic Center
.� City of
SO
Thornton
9500 Civic Center Dnvo
PO. Box 281299
Thornton, Colorado 802291220
FAX TRANRMIT'nnt,
April 16, 1991
Lee D. Morrison, Assistant County Attorney
Weld County
P.O. Box 1948
Greeley, Co BG632
RE: Intergovernmental Agreement
Dear Lee:
I had the opportunity to attend the April 11, 1991 southern weld County town
meeting at Ft. Lupton which was sponsored by the weld County Commieeionere. The
meeting provided an opportunity for cities actively involved in the area to voice
their concerns about recent activities related to annexation and land use. What
was especially interesting to me is that the Mayors of Broomfield and Northglenn
indicated they would support a moratorium on annexation as a way to assist in
resolving the issues among the communities. The County Commissioners also
indicated their support of the land use planning effort that presently is being
undertaken by the Southern Weld Land Use Task Force.
In light of these expressed interests, it appears to me that there ie an
opportunity for the active parties (Broomfield, Northglenn, Thornton and Weld
county) to take a pro-active step in resolving the annexation and land use issues
in southern Weld County. That step is an intergovernmental agreement among the
parties that would place a moratorium on annexation and development within a
certain geographic area for a stated period of time. During that time period,
the parties would develop and approve a comprehensive land use plan that was
mutually agreeable to all. The intent being to resolve our issues at a
negotiation table rather than in a court of law.
By this letter I am forwarding a draft of such an intergovernmental agreement and
would ask that you review it and provide any comments or suggestions which would
address the Commissioners Coneerne. I would hope we could discuss this agreement
at the wedneeday meeting with the Commissioners since Northglenn will also be in
attendance.
If you need additional information, please feel free to contact me at 538-7217.
I look forward to discussing thie agreement at the April 17 meeting.
j2e,ole—
k Ethradgp
y Manager
cc: Jim Landeck, Northglenn City Manager
Kevin Maggio, City Attorney
Dave Wenzel, Community Development Director
Joyce Bunt, Assistant City Manager
"The City Of Planned Progren"
RPR 16 ' 91 13: 24 303 538 7582 PRGE . 002
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