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HomeMy WebLinkAbout05/15/2006 STUDY SESSION AGENDA - CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO Wheat Ridge Recreation Center 4005 Kipling St. Dahlia Room Mav 15. 2006 6:30 p.m. - City Council 7:30 - Plannina Commission APPROVAL OF AGENDA Item 1. a) b) Staff Reports Outside Agency Reports - Item 2. Town Center IGA Type I Item 3. Planning 102 - Winston Associates Type 11/ Leader's Guide 2005 Summary ReportJMayor and City Council/Wheat Ridge, Colorado Work Session Typology WORK SESSION WORK SESSION WORK SESSION TYPE I TYPE II TYPE III PRE-REPORT DRAFT REPORTS BRIEFING Provide directIOn and Refine proposed reports and Brief Mayor and City gUidance on major recommendations prior to Council on major issues, issues before staff formal presentation and upcommg opportunities analysIs and report action. and operational matters. preparation. TOPICS TOPICS TOPICS 1 Define the Problems 1 Present Background I. Present Background Information 2. Identify Issues 2. Review and Highlights of 2 Discuss Topics - Analysis and Options 3 Establish Parameters 3 Review and Refine 3 Explore City's Role or and Guidelines Recommendations Need for Action 4. Focus on Possible 4. Finalize Desired Goals 4 Focus on Overall Policy Outcomes and Outcomes Direction and Guidelines 5. Outline Process and 5. Outline Next Steps Possible Next Steps 6 Decide Whether or Not Worth Pursumg Copyright @ 2005 Lyle Sumek Associates, Inc. 05-MAR-53 Section XI -. Page I UDDiBBlml.. CITY OF WHEAT RIDGE, COLORADO Wheat Ridge Recreation Center Mav 15. 2006 Meeting called to order by Mr. DiTullio at 6:32 p.m. City Council Members present: Karen Berry; Wanda Sang; Karen Adams; Mike Stites; Larry Schulz; Lena Rotola; Councilor Dean Gokey and Councilor Terry Womble were absent; Deputy City Manager Patrick Goff; City Clerk Pam Anderson; Alan White, Director of Community Development; Dan Brennan, Chief of Police; staff. APPROVAL OF AGENDA as printed. Item 1. Reports Staff Reports Police Chief Dan Brennan gave an update on the status on Project Lifesaver and that the item would be coming forward to City Council. He also bnefed the City Council on a change to the Pawn Broker Ordinance In regards to fixed pnce and fixed time. Chief Brennan left the meeting at 6:37 p.m. Alan White, Director of Community Development, presented a staff report regarding proposed changes to a reduction in contractors' insurance requirements and amendments to the regulations regarding the expiration of building permit as proposed by the Building Code Advisory Board. Consensus was carried to bring these two items forward to a regular City Council meeting. City Attorney Gerald Dahl asked for direction regarding a proposed ordinance to complete the amendments in Chapter 26 code sections regarding excavation. Outside Agency Reports Councilor Schulz reported on the status of meetings regarding SB-O I transportation funding. Councilor Berry announced the public hearing ofthe DRCOG MetroVision 2030. Item 2. Town Center IGA Type I Deputy City Manager Patnck Goff Introduced the item. He briefed the Council on the legislatlVe history of past Intergovernmental Agreements between the Urban Renewal Authority and the City of Wheat Ridge. City Attorney Gerald Dahl described the draft Intergovernmental Agreement. Corey Hoffman, Attorney for the Wheat Ridge Urban Renewal Authority, and Terrell Williams, Chairman of the WRURA were present to answer questions from Council. Mr. Williams proposed a Joint study session between the City CounCIl and the WRURA. Discussion followed. Consensus carried to bring forth the items in a joint meeting (study session) wlth the WRURA on June 5, 2006. Recess called at 7 13 p.m. Reconvened at 7:31 p.m. Mr. Hoffman and Mr. Williams did not return to the meeting. Item 3. Planning 102 - Winston Associates Type III Planning Commission members present: Anne Brinkman, Phillip Plummer, Chilvers; GeoffWinston of Winston Associates facilitated a Planning 101 session. The Study Session Notes are the City Clerk' s record of staff direction and Council dlscussion of agenda Items. No formal action may take place by motion at a City Council Study Session. City of Wheat Ridge Office of the Deputy City Manager Memorandum TO FROM Mayor and City Council \ .A Patrick Goff, Deputy City Manager 9:-v\ DATE May 10, 2006 SUBJECT: Wheat Ridge Urban Renewal Authonty (WRURA) Intergovernmental Agreement (lGA) The City adopted the Wheat Ridge Town Center Urban Renewal Plan on December 14, 1981 which proVided for the utilization of sales tax Increment in the commercial area east of Wadsworth Boulevard, between West 38th Avenue and West 44th Avenue Since 1995, the City has entered into three different IGA's with the Wheat Ridge Urban Renewal Authonty (the Authonty). These IGA's are Inconsistent with one another and have made it difficult to account for the financial obligations the City and the Authority have for tax increments received from the Town Center ProJect. The follOWIng IS a summary of the prevIOus three IGA's. November l. 1995 The Town Center ProJect area contains a Safeway Store operation. By Intergovernmental agreement dated November I, 1995, the City and Wheat Ridge Economic Development and RevitalizatIon CommlsslOn ("EDARC"), the predecessor In interest to the Authonty, agreed to share the sales tax Increment from the Town Ccnter ProJect and the Safeway Store pursuant to a formula: · For all sales after November I, 1995 EDARC pays the City an amount equal to the sales tax Increment attributable to Safeway for the penod November I, 1994 through October 31, 1995 ThiS establishes a defined annual payment, irrespective of actual sales tax receipts. · After accountIng for thiS payment, the City and EDARC each receive 50% of the remaining sales tax Increment from the Wheat Ridge Town Center. · The agreement proVides that the maximum sales tax increment "for the Whcat Ridge Town Center utIllzcd by EDARC" not exceed $100,000 in any fiscal year This means that EDARC's (the "Authonty's") share of Town Center sales tax Increments not exceed that figure in any case. September 24. 2001 IGA between the City of Wheat Ridge and the Wheat Ridge Urban Rencwal Authority adopted by rcsolution on Septembcr 24. 200 I . Article X rescinds all previous agreements between the City and the Authority. . "Authority" referred to in this rGA is not EDARC EDARC was the predecessor organization to the WRURA. I believe that III creatIng WRURA, the City CouncIl provided that WRURA assumed EDARC's nghts and duties. The WRURA orgamzing ordinance or resolution would address this. . This Agreement between the City and the Authority addressed cost and staff shanng unrelated to the Town Center Project. Thls rGA does not address tax Increment revenue allocations. October 27.2003 By agreement dated October 27, 2003, the City and the Authonty extended the sharing of the sales tax increment for the Town Center, providing: . I"he City agrees to extend the sales tax Increment for the Wheat Rldge Town Center '"for as long as lS necessary for the Authority to pay its financial obligatIOns for the purpose of redevelopIng the Town Center and 38th Avenue Corridor Redevelopment Area." . The Agreement provides that "only that portIOn of the sales tax Incremental revenues generated withIn the Town Center not needed to pay the expenses of the Town Center . are made available for the 38th A venue Corridor proJect." . The Authority agrees to execute "any subsequent and related documents, if necessary, to effect the provisions of this IGA." At the February 13th City CouncIl meeting Resolution 04-2006 was approved to appropriate the necessary funds for the annual sales tax Increment payment to the Authonty Staff noted at that time that because of the inconsistencies with the current IGA a permanent solution to address these issues would likely require a new IGA between the City and the Authonty which would be brought forward at a future study sessIOn. The attached draft IGA establishes the follOWIng elements for the future relatIOnship between the City and the Authority' The City and the Authonty will each receive 50% of the sales tax Increment after an amount equal to the sales receipts from Safeway for the penod of November I, 1994 through October 31, 1995 has been paid to the City. 2 The maximum sales tax Increment for the Wheat Ridge Town Center utilized by the Authority shall not exceed $100,000 in any fiscal year The Authority's share of Town Center sales tax increment shall not exceed that figure in any case. 3 All prior IGA's revoked. a. November 1,1995 (attached) b September 24, 2001 (attached) c. October 27,2003 (attached) 4. The City and the Authority each waive any claIm for under or overpayments as between them for all years pnor to 2006 The City and the Authonty ratify all prior actIOns. 5. The Clty shall loan the Authority $100,000 to fulfill a legal obligation wlth the court in reference to the Cornerstone (Walgreens) case. 6. The sales tax mcrement for the Wheat RIdge Town Center Wlll expire on will be extended to ? ') Or Jerry Dahl, Corey Hoffmann (WRURA Attorney), Alan White and Patnck Goff will all be present at the study sessIOn to discuss thIS issue Intergovernmental Agreement This Intergovernmental Agreement is entered into between the City of Wheat Ridge, Colorado (the "City") and the Wheat Ridge Urban Renewal Authority (the "Authority") as of the day of , 2006, together referred to as the "Parties." In consideration of the mutual promises and covenants contained herein, the receipt and sufficiency of which are acknowledged, the Parties agree as follows 1 Purpose of AQreement This Agreement is entered into in order to establish the rights and responsibilities of the City and the Authority with respect to the sales tax increment applicable to the Wheat Ridge Town Center 2 Employees A. Executive Director The City Manager has retained or shall retain a Director of Community Development and/or a Director of Economic Development and the Authority has retained said person as the Executive Director of the Authority. When the Executive Director of the Authority is also an employee of the City, he/she shall maintain records of his/her time spent on an hourly basis when serving as Executive Director The Authority shall be responsible for and pay the City for such time expended on Authority matters related to the development activities, based upon his/her salary and fringe benefits B Authority Employees The Authority has and may continue to retain the professional services of other staff, consultants, advisors, experts and legal counsel as necessary and in accordance with the Urban Renewal Law C City Emplovees Upon request of the Director of the Authority, and subject to approval of the City Manager or his designee, City employees may be assigned to work for the Authority Such approval of the Manager shall include the right to limit or to withhold assignment of City employees to work for the Authority if, in judgment of the City Manager, the assignment of such employee(s) to work for the Authority is impairing the employee(s)' ability to complete his/her City duties While performing services for the Authority, such City employees shall coordinate their services with the Director While serving as employees for or providing services to the Authority, records shall be maintained of such City employees' work, time and services The expenses of such services attributable to the Authority shall be billed to the Authority by the City WRURA IGA 3 Personnel Actions Related to Emplovees A. Notwithstanding Section 2 A., the selection, termination and other personnel actions related to any person performing the functions of the Executive Director of the Authority, who is not a City employee, shall be made by the Board of Commissioners of the Authority The Board of Commissioners of the Authority agrees to consult with the City Manager prior to the retention of an Executive Director regarding methods and areas of cooperation between the Authority and the City relating to duties of the Executive Director vis-a-vis contemporaneous City duties, if any, and utilization of other City employees B The selection, description of duties and services, termination and other personnel actions related to all other employees, consultants, experts, attorneys and advisors of the Authority shall be made by the Authority's Board of Commissioners C Personnel actions relating to City employees shall in no manner be affected by this Agreement. In the event of any personnel action relating to any City employee while working under the terms and provisions of this Agreement, such action shall be subject to the City's personnel rules and regulations 4 Salaries and Procedures A. The salary of the Executive Director of the Authority shall be established by the Board of Commissioners of the Authority; provided, however, in the event the Executive Director hired by the Authority is also a City employee, the Authority agrees that his/her total salary shall be in accordance with the salary set by the City for the Director's position with the City; and the portion thereof attributable to the Authority shall be allocated and paid as provided in this Agreement. B The salaries/fees of all other employees, consultants, experts, attorneys and advisors of the Authority shall be established by the Board of Commissioners of the Authority Any Authority employee may be included in benefit programs available to City employees and the Authority shall pay for the costs thereof. 5 Other Services A. The City may provide the Authority with such other services as may be required in order to perform its urban renewal functions including, but not limited to, accounting, financial and budget management, planning services and engineering services, provided, however, that nothing herein shall be construed as prohibiting the Authority from contracting with or retaining third parties to 2 provide all or a portion of any services Records of all expenses and salaries related to such City services shall be maintained, and the Authority shall be billed by the City and pay the City therefore B Annual or any special financial audits shall be performed by the City's independent auditor All costs of any such audit or financial services shall by billed to and paid by the Authority 6 Office Space. Furnishings A. The City may make available appropriate office space and office equipment to the Authority All furnishings, equipment and supplies for the Authority may be acquired by the Authority or rented from the City All furnishings and equipment loaned or rented to the Authority by the City shall be billed to and paid by the Authority and remain the property of the City All furnishings and equipment acquired by the Authority shall become the property of the City upon the dissolution of the Authority 7 Operations InteQration A. City Codes. The Authority shall comply with applicable City ordinances, codes, rules and regulations related to the development and/or redevelopment of the urban renewal areas, except as provided otherwise in the urban renewal plans and the Colorado Urban Renewal Law B Reports to Council. The City Council shall be informed of the activities, functions, operations, legal processes and financial/budgetary administration and condition of the Authority on a periodic basis and as requested by Council. C MeetinQs. The Board of Commissioners and City Council shall meet at the request of the Council to communicate and coordinate activities, functions and share ideas and actions related to carrying out urban renewal and/or redevelopment projects D. Powers of Authority. The parties acknowledge and agree that the Board of Commissioners shall exercise all powers provided in the Urban Renewal Law and as provided in the urban renewal (redevelopment) plans adopted by Council. 8 Insurance The Authority shall pay for its own public liability insurance and other insurance requirements, provided, however, that the City and the Authority agree to include the Authority as an additional separate insured within the existing 3 liability insurance coverages as a part of the services to be provided by the City to the Authority under the terms and provisions of this Agreement. 9 Reimbursement of City The Authority shall reimburse the City for salaries, rents and costs incurred by the City in providing employees, insurance, equipment, facilities, services and supplies as provided herein The City shall file invoices with the Authority each quarter for employees, facilities, equipment and services rendered during the immediately preceding quarter, including therein all costs of providing same Such invoices shall be in sufficient detail and include all costs incurred by the City and shall sufficiently designate the types of services performed or provided by the City so that the Authority might properly determine the funds to which costs are being charged Upon approval of such invoices by the Commissioners, the Authority shall make arrangements with the City to pay said invoices It is the intent of the parties that the expenses be paid to the City at the earliest practicable time, however, the parties agree that this obligation of the Authority shall not impair the ability of the Authority to obtain debt financing, if necessary Therefore, the financial obligation created hereunder shall be subordinated to any financial obligations, bonds, notes or other debt financing issued by the Authority The total funds due the City by the Authority as provided herein shall bear interest at a rate agreed upon by the City and the Authority It is the intent of the parties that the said principal and interest shall be paid in full by the Authority to the City from funds available to the Authority, including but not limited to, sales and property tax incremental funds 10 City and Authority Separate Nothing in this Agreement shall be interpreted in any manner as constituting the City or its officials, representatives, consultants or employees as the agents or employees of the Authority, or the Authority or its officials, representatives, consultants or employees as the agents or employees of the City Each entity shall remain separate, subject to the cooperation and coordination of each entity's respective duties and powers with regard to urban renewal (redevelopment) activities Neither party shall hereby assume the debts, obligations or liabilities of the other The Authority shall be responsible for carrying out its duties and functions in accordance with the Colorado Urban Renewal Law, the urban renewal plans and other applicable laws and regulations 11 Sales Tax Increment Defined The City imposes a sales tax of 3% on retail sales within the City The City has adopted the Wheat Ridge Town Center Urban Renewal Plan which was amended in 2000, which provides for utilization of a sales tax increment in the commercial area east of Wadsworth Boulevard known as the "Town Center 4 Project" Sales taxes collected on retail sales within the Town Center Project Area, as amended and as shown in Exhibit 1, are subject to an allocation formula whereby a portion of such sales taxes in excess of a defined base represents the "increment," or increased sales tax revenue, attributable to new retail activity within the Town Center Project. This increment is shared with the Authority pursuant to intergovernmental agreement between the Authority and the City The City's "base" for calculating the increment was established in January 1981 at $528,330. 12 Town Center Urban Renewal Plan Amendment In 2000, the City Council adopted an amendment to the Town Center Urban Renewal Plan which removed the "northern half' of the urban renewal area from urban renewal designation The deleted area was subsequently included in the Wadsworth Boulevard Corridor Redevelopment Plan 13 Sales Tax Increment Allocation The Parties agree that the Town Center Project sales tax increment, as defined at Section 11 hereof, shall be allocated between them as follows A. For all sales after January 1, 2006 irrespective of actual sales tax receipts, the City shall retain an amount equal to the sales tax receipts attributable to the Safeway store for the period November 1, 1994 through October 31, 1995 B After accounting for this retainage, the City and the Authority shall each receive 50% of the remaining sales tax increment from the Wheat Ridge T own Center Project. C The maximum sates tax increment for the Wheat Ridge Town Center Project paid to the Authority shall not exceed $100,000 in any fiscal year The Authority's share of Town Center sales tax increments shall not exceed that figure in any case D On or before June 23, 2006, the City shall loan the Authority $100,000, without interest, payable as a deduction (in equal payments) from the Authority's share of the sales tax increment, over _ years, commencing 200 E. expire on The sales tax increment for the Wheat Ridge Town Center will ? Or will be extended to ? 14 Ratification of Prior Actions The City and the Authority waive any claim under for under or overpayments as between them for all years prior to 2006 The City and the 5 Authority each hereby ratify all prior actions taken by the other in reliance on prior intergovernmental agreements between them 15 Effect on Prior Aqreements All existing/prior cooperation agreements and/or intergovernmental agreements between the City and the Authority are hereby rescinded The terms of this Agreement shall control the relationship between and activities of the City and the Authority 16 Termination This Agreement may be terminated by the mutual consent of the parties at any time after giving at least (30) days written notice of intention to so terminate, provided, however, termination of this Agreement shall not release the Authority from its obligation to pay the funds due the City as provided herein, unless such obligation is specifically terminated by the City 17 Further Assurances The Parties agree to take such further acts as necessary to implement the provisions of this Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first set forth above WHEAT RIDGE URBAN RENEWAL AUTHORITY By' Chair STATE OF COLORADO ss County of Jefferson The foregoing instrument , 2006 by Ridge Urban Renewal Authority was acknowledged before me this _ day of , as of the Wheat Notary Public My Commission expires 6 CITY OF WHEAT RIDGE, COLORADO By: Jerry DiTullio, Mayor ATTEST APPROVED AS TO FORM Pamela Anderson, City Clerk Gerald E. Dahl, City Attorney STATE OF COLORADO ) ) ss County of Jefferson The foregoing instrument was acknowledged before me this _ day of , 2006 by Jerry DiTullio as Mayor and Pamela Anderson as City Clerk of the City of Wheat Ridge, Colorado Witness my hand and official seal My Commission expires Notary Public 7 ~ I "",N ?~; ,.-- ~ . . I-- ~ - -----' ~ ~ :. EXHIBIT 1 ~ ~ o OC OC < r ( ) E~h 3 ~ ~ . : ~ ~ N 10' r. ;. lTHREE ACRE LANE ~ ~ :. .:-- ~ <'\ ti '! ~ ~ . :. ~ ~ ~ '" ~ - .: ~ r---- 8 e. ; i' ~ ~ \ ,--- ---I " ~~. \.- < ~ ~ 'i" _____ ~"' \ ~ ';' ~ " ~ "' ~ ~ ~ ~ \ \ N ~ N.T.S ~ ~~~ n~ DO tn ~ ~ i ~ ~ L- W 39TH AvE 1 1~ - - ~ ....- \ \~ ~ ~\ .,,\ r \ ~ WF'~~ "I'f7/ ~ ~ ~//.{///- <ii o 0( ~ ~ ~ '0m: ~ :'l ~ o ~ ~ r 411~ % .u-Sl ~ , . ~ '" Ie r DO o ~ ~ \;;:J . ~ ~ ~ ~ ~ ~\ ~ ~ ~ ~ ~ \ \~ ~ I \ ~ r . ~\ ~\ r ~\ ~\ r------------------------------ --, I \!\. Right-of-way 'v^-. Property Line , Sales Tax Increment Area _\ ~ 0;~ 00w~ ~ WI'/. ~ m::; ~ ~ a . . ........ ~ \ ~. >\ g ~ ~ , ' --- L.. ~ N ~ Q . ~ a> ~ . E g ~ ~~ .~ '- ~ ~ !\ ~ ~ ~ ~ a ~ " ~ ~ :) ~ ; . N ,,., ~ ~ ~ ",. "," .. ~ ,,'" Q . 1 Q N . 4ttO .,00 v//, % 0 // ~ ,~ .~ ~ ~ ///. '///, ~ WI. ~ ~ Q !it ~ ~ ~ /L:J7. '///////, %1 ~M~ ~~ /,////...:: ~\ '/A f'''':: ~ ~ ~ ~ c/ffffi ~A ~\ ~ /// ;/// ~ /\0' ..--- ., ~ ~ ~ L- >/14 ....- ~ ~I--- Q ~ ~ ~ I--- ~ L ~E :b ~ ~ ..--- Q ~ , 1 4('62 ,000 ~ %\~ .... \ ~\ ";.\;::\ - - - - - -~ --------- - - - ----------.-- - - - - - - - - - RESOLUTION NO. 1559 Series of 1996 TITLE. RESOLUTION APPROVING THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND THE WHEAT RIDGE ECONOMIC DEVELOPMENT AND REVITALIZATION COMMISSION FOR THE ALLOCATION OF SALES TAX INCREMENTAL REVENUE FOR TIIE WHEAT RIDGE TOWN CENTER WHEREAS, the CIty has adopted the Wheat Ridge Town Center Urban Renewal Plan whIch provides for the utilization of sales tax increment in the commercial area east of Wadsworth Boulevard, between West 38th Ave. and West 44th Ave.; and WHEREAS, the City's base for calculating the sales tax increment was calculated in January, 1981 at $528,330 upon the adoption of the Wheat Ridge Town Center Urban Renewal Plan and cannot be modified; and WHEREAS, Safeway Inc. had a grocery store operation outside of the Wheat Ridge Town Center urban renewal area, but moved into the urban renewal area where its sales tax will be subject to utilization by EDARC; and WHEREAS, it is the intent of ED ARC and the City that the City's sales tax receipts remain intact from the expansion of the Safe way, Inc store. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: The Intergovernmental Agreement between the City and EDARC s hereby approved; and 2. The Mayor and the City Clerk are authorized to execute said Intergovernmental Agreement. ..!J.- DONE AND RESOLVED TillS 15tltiayof October. 1996. ~~ DAN WILDE, MAYOR q/~d W ANnA SANG, CITY ~ , \, rnTERGOVE~lliNTALAGREE~lliNT THIS AGREEMENT by and between the City of Wheat Ridge (hereinafter referred to as "City") and the Wheat Ridge Economic Development and Revitalization Commission (hereinafter referred to as "ED ARC") is effective the 1st. day of November, 1995 WHEREAS, the City has adopted the Wheat Ridge Town Center Urban Renewal Plan which provides for the utilization of sales tax increment in the commercial area east of Wadsworth Boulevard, between West 38th Ave. and West 44th Ave.; and WHEREAS, the -City's base for calculating the sales tax increment was calculated in January, 1981 at $528,330 upon the adoption of the Wheat Ridge Town Center Urban Renewal Plan and cannot be modified; and WHEREAS, Safeway Inc. had a grocery store operation outside of the Wheat Ridge TO~VT1 Center urban renewal area, but moved into the urban renewal area where its sales tax will be subject to utilization by EDARC; and WHEREAS, it is the intent of EDARC and the City that the City's sales tax receipts remain intact from the expansion of the Safeway, Inc store. NOW THEREFORE, it is agreed as follows: I. For sales after November I, 1995, EDARC shall pay to the City an amount equal to the the sales tax receipts from Safeway, rnc for the period of November I, 1994 through October 31, 1995 2. I EDARC and the City shall each receive fifty percent (50%) of the sales tax _.:'.Y increment for the Wheat Ridge Town Center after EDARC's payment of an amount equal to the Safeway, Inc. 1994- 1995 sales tax receipts according to paragraph 1. 3. In no event shall the maximum sales tax increment for the Wheat Ridge Town Center utilized by ED ARC in a fiscal year exceed $100,000 per year. 4. EDARC shall prepare an amendment to the Wheat Ridge Town Center Urban Renewal Plan to reflect these changes in the sale tax incremental revenue allocation. ElTective the 1st day of November, 1995. BY: ~~ Dan Wilde, Mayor CITY: A TrEST: 5J;f;; /. J~ Wanda Sang, CIty Clerk ~ ..... '. DRAFT INTERGOVERNMENTAL AGREElVlENT BETWEEN TEE CITY OF WHEAT RIDGE, COLORADO AND THE WHEAT RIDGE URBAN RENEWAL AlITHORITY TIllS AGREEMENT, effective the _ day of 2001, by and between the CITY OF WHEAT RIDGE, COLORADO, a Colorado mUlllcipal corporatIon ("City"), and the WHEAT RIDGE URBAN RENEWAL AUTHORITY, a body corporate and politic ("Authority") RECITALS 1. The Colorado Urban Renewal Law, specifically 31-25-112 C.R.S thereof, authorizes the City and the Authority to enter- into agreements of this nature to cooperatively effect all aspects, provisions, administratIon and operations of urban renewal areas, urban renewal plans and redevelopment projects within the City. 2. In furtherance of the provisions and purposes of the Colorado Urban Renewal Law, 31-25-101 et seq C.R-S., the Authority is engaged in the administration, operation and implementation of urban renewal areas established by the City Council, known as the Wadsworth Boulevard Corridor Urban Renewal Areas, the 38th Avenue Corridor Urban Renewal Area and the Ward Road & 44th Avenue Area Redevelopment Area The Authority also shall be involved 1Il the administration and implementation of the urban renewal plms for said urban renewal areas. 3 The City and the Authority have previously entered into numerous Cooperation Agreements and/or Intergovernmental Agreements regarding the administration, operation and implementation of other urban renewal areas and urban renewal plans withm the City. It is the desire of the City and the Authority to rescind all of the previous and existing agreements between the parties and to enter into this sole agreement in accordance with the terms and provisions herein to govern the relatIonships, cooperation and coordination of the City and the Authority 4. To realize the essential coordinated efforts of the City and the Authority to nnplement w-ban renewal plans as approved by the City Council and to assist the Authority in procuring various services and asSlStance therefore, it is necessary and in the public interest that the City and the Authority cooperate to provide administrative services, operational facilities and funding, in addition to other cooperative actions of the City and the Authority as provided in this Agreement. 5 It is the intent of the parties to avoid unnecessary duplication of services, equipment, and employees. Therefore, to this end, this Agreement prOVIdes for the Authority and the City to share resources including services, equipment, and personnel when the needs of both entities can be served thereby 6. It is also the intent and desire of the City and the Authority to specify and clarify the purposes, powers, duties and authorizations of each of the parties with regard to implementation and operations of the urban renewal areas and plans. 7 _ The pmies are also desirous of providing for the elements of cooperation, coordmation and trust in each respective governmental body to carry out the various redevelopmentlurban renewal projects within the City. ARTICLE 1- EMPLOYEES Section 1. Executive Director. The City Manager has retained or shall retaul a Director ofPlanmng and Development andlor a Director of Economic Development and the Authority has retained said person as the Executive Director of the Authority When the Executive Director of the Authority is also an employee of the City, he/she shall maintain records of hislher time spent on an hourly basis when serving as Exec:utive Director. The Authority shall be responsible for and pay the City for such time expended on Authonty matters related to the redevelopment activities, based upon ruslher salary and fringe benefits. SectIon 2 Authority Employees. The Authority has and may continue to retaul the professional services of other staff, consultants, advisors, experts and legal counsel as necessary and in accordance with the Urban Renewal Law. Section 3. City Employees. Upon request of the Director of the Authority, and subject to approval of the City Manager or his designee, CIty employees may be assigned to work for the Authority. Such approval ofllie Manager shall include the right to limit or to withhold assignment of City employees to work for the Authority if, m the judgment of the City Manager, the assignment of such employee(s) to work for the Authority is impairing the employee(s)' ability to complete hislher CIty duties. While performing services for the Authority, such City eIDployees shall coordinate their services with the Director. While serving as employees for or providing services to the Authority, records shall be IDaintamed of such City employees' work, time and services. The expenses of such services attribu!ab1e to the Authority shall be billed to the Authority by 'the City. ARTICLE n - PERSONNEL ACTIONS RELATED TO EMPLOYEES Section 1. Notwithstanding Article 1, Section 1, the selection, termination and other personnel actions related to any person performmg the functions of the Executive Duector of the Authority, who IS not a City employee, shall be made by the Board of Commissioners of the Authority. The Board of Commissioners of the Authority agrees to consult with the City Manager prior to the retention of an Executive Director regarding methods and areas of cooperation between the Authority and the City relating to duties of the Executive 2 Director vis-a-V1S contemporaneous City duties, if any, and utilization of other City employees. Section 2. The selection, description of duties and services, termination and other personnel actions related to all other employees, consultants, experts, attorneys and advisors of the Authority shall be made by the Authonty's Board of Commissioners. Section 3. Personnel actJ011S relatmg to City employees shall in no manner be affected by this Agreement. In the event of any personnel actiQn relating to any City employee willIe working under the terms and provisions of this Agreement, such action shall be subJ ect to the City's personnel rules and regulatlOns. ARTICLE ill - SALARIES AND PROCEDURES Section 1. The salary of the Execunve Director of the Authority shall be established by the Board of Commissioners of the Authority; provided, however, in the event the Executive Director hrred by the Authority is also a City employee, the Authority agrees that bislher total salary shall be in accordance with the salary set by the City for the Director's position with the City; and the portion thereof attributable to the Authority shall be allocated and paid as provided in this Agreement. Section 2. The salaries/fees of all other employees, consultants, experts, attorneys and advisors oithe Authority shall be established by the Board of COmnllSSlOners of the Authority. Any Authority employee may be included in benefit programs available to City employees and the Authority shall pay for the costs thereof. ARTICLE IV - OTHER SERVICES Section I , The City may provide the Authonty with such other services as may be required in order to perform its urban renewal functions including, but not limited to, accounting, financial and budget management, planning seIVIces and engineering services; provided, however, that nothing herein shall be construed as prohibiting the Authority from contracting with or retaining third parties to provide all or a portion of any servIces. Records of all expenses and salaries related to such City services shall be maintained, and the Authority shall be billed by the City and pay the City therefore. SectIon 2. Annual or any spocialfinancial audlts shall be perfonned by the City's independent auditor. All costs of any such audit or financial services shall be billed to and paid by the Authority. ARTICLE V - OFFICE SPACE; FURNISffiNGS The City may make available appropriate office space and office equipment to the Authonty. All furnishings, equipment and supplies for the Authority may be acquired by the Authonty Or rented from the City All furnishings and eqUlpment loaned or rented to 3 the Authority by the City shall be billed to and paid by the Authority and rexnain the property ofthe City. All furnishings and equipment acquired by the Authority shall become the property of the City upon the dlssolution of the Authority. ARTICLE VI - OPERATIONS lNTEGRATION Section I City Codes. The Authority shall comply with applicable City ordinances, codes, roles and regulations related to the development and/or redevelopment of the urban renewal areas, except as provlded otherwise in the urban renewal plans and the Colorado Urban Renewal Law Section 2. Reports to Council. The City Council shall be informed of the activitles, functions, operations, legal processes and financiallbudgetary administration and conmtlOu of the Authority on a periodic basis and as requested by Council. Section 3. Meetings. The Board of Commissioners and City Council shall meet at the request of the Council to communicate and coordinate activities, functions and share ideas and actions related to carrying out urban renewal and/or redevelopment projects SecooD 4. Powers of Authority. The parties acknowledge and agree that the Board of Commissioners shall exercise all powers provided in the Urban Renewal Law (a copy of such powers is attached hereto as Appendix A and made part hereof) and as provide<l. ill the urban renewal (redevelopment) plans adopted by Council. ARTICLE VII - INSURANCE The Authority shall pay for its own public liability msurance and other insurance requirements; provided, however, that the City and the Authority agree to include the Authority as an additional separate insured within the existing liability insurance coverages as a part of the services to be provided by the City to the Authority under the terms and provisions of this Agreement ARTICLE VIII - REIMBURSEMENT OF CITY The Authority shall reimburse the CIty for salaries, rents and costs incurred by the Clty in providing employees, insutance, eqUlpment, facilities, services and supplies as provided herein. The City shall me invoices with the Authority each quarter for employees, facilities, equipment and services rendered during the immediately preceding quarter, including therein all costs of providing same. Such invoices shall be in sufficient detail and include all costs incurred by the City and shall sufficiently designate the types of services perfonned or provided by the City so that the Authority might properly determine the funds to which costs are to be charged. Upon approval of such invoices by the Commissioners, the Authority shall make arrangements with the City to pay said invoices. It is the intent of the parties that the expenses be paid to the City at the earliest practicable time; however, the parties agree that this obligation oftlle Authority shall not 4 impair the ability of the Authority to obtain debt financing, if necessary Therefore, the financial obliganon created hereunder shall be subordinate to any fmancial obligations, bonds, notes or other debt financing issued by the Authority. The total funds due the City by the Authority as provided herein shall bear interest at a rate agreed upon by the City and the Authority. It is the intent of the parties that the said principal and interest shall be paid in full by the Authority to the City from funds available to the Authority, including but not limited to, sales and property tax incremental funds. ARTICLE lX-CITY AND AUTHORITY SEl'ARATE Nothing in this Agreement shall be interpreted in any manner as constituting the City or its officials, representatives, consultants or employees as the agents or employees of the Authonty, or the Authority or its officials, representatives, consultants or employees as the agents or employees of the City. Each entity shall remain separate, subject to the cooperation and coordination of each entity's respective duties andpowers with regard to urban renewal (redevelopment) activities. Neither party shall hereby assume the debts, obligations or liabihtles of the other. The Authority shall be responsible for carrying out its duties and functions in accordance with the Colorado Urban Renewal Law, the urban renewal plans and other applicable laws and regulations. 1>< ARTICLE X - RESCISSION OF ALL PREVIOUS AGREEMENTS All existing/prior cooperation agreements andlor intergovernmental agreements between the City lUld the Authority are hereby rescinded. The terms of this Agreement shall control the relationship between and activities of the City and the Authority ARTICLE XI - TERMINA nON Tlus Agreement may be terminated by the mutual consent of the parties at any time after givmg at least tlurty (30) days wntten notice of intention to so termmate; prOVIded., however, t=IDation of this Agreement shall not release the Authority from its obligation to pay the funds due the City as proVlded herein, unless such obligation is specifically terminated by the CIty The partleshave executed this Agreement effective on the date provided above. 5 CITY OF WHEAT RIDGE WHEA T RIDGE URBAN RENEW AL AUTHORITY By By Chall' Mayor ArrEST. ATTEST. City Clerk Secretary CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 30 <;':&:>r1AC' ("\fJ{){)1.. CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 30 Series of 2003 TITLE A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE WHEAT RIDGE URBAN RENEWAL AUTHORITY. WHEREAS, the Clty has created and the Wheat RIdge Urban Renewal Authonty (the "Authonty") has administered the urban renewal area known as the Wheat RIdge Town Center ("Town Center"), and WHEREAS, the CIty has created and the Authority has adminIstered the urban renewal area known as the 38th Avenue Comdor ("38th Avenue"), and WHEREAS, the Authonty has used property and sales tax Incremental revenues from the Town Center to pay its financlal obligatIOns and debts related to urban renewal proJects; and WHEREAS, the Town Center IS located Immediately adjacent to and adJoins the 381h A venue Comdor Redevelopment Area, and WHEREAS, the Authonty has entered Into a DispositIOn and Development Agreement effectIve May I, 2003 wIth Cornerstone Group I, Inc. to develop a Walgreen's retail proJect wlthm the 38th Avenue Redevelopment Area. and WHEREAS, In comphance wlth the DISposltlOn and Development Agreement the Authonty has entered mto a financial agreement to effect Its finanCial and legal obhgatlOns to develop the Walgreen's proJect, and WHEREAS, a portlOn of the mcremental sales tax revenues from the Town Center arc not needed to pay any expenses or debt related to that proJect, and WHEREAS, such finanCing agreement mcludes among other sources of revenue thiS excess portIon of sales and property tax mcrement revenues from the Town Center as well as the contractual Imposition of a Public Improvement Fee ("PIF") of 1 % Imposed for to retUlI sales Items at the Walgreen's store, which revenues collectively shall be used to pay the finanCIal debt of the Authonty related to the Walgreen's proJect, and WHEREAS, the City is deSIrous of cooperating with the Authority to allow It to realize the necessary revenues to pay ItS financIal obligations to redevelop the 381h A venue Redevelopment Area in conJunction WIth the Town Center redevelopment, and GED\530Z7\3BB53301 WHEREAS, such cooperative efforts by the CIty allow the elimInatIOn of blight, redevelop certaIn commercial areas of the City, and afford economic redevelopment for the commumty; and WHEREAS, the Council finds that the extensIOn of use by the Authonty of the sales tax Increment lS not a substantial change of the Town Center ProJect Urban Renewal Plan or the 38th Avenue Corridor Redevelopment Plan. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that the mtergovernmental agreement between the City and the Wheat RIdge Urban Renewal Authonty attached hereto as Exhibit A, lS hereby approved. ,2003 ATTEST Puhltshed November 6 ,2003 Wheat Ridge Transcnpt GED\53027\456680 1 mTERGOVERNMENTALAGREEMENT This Intergovernmental Agreement ("IGA") 1S entered mto between the CIty of Wheat Ridge, Colorado ("City") and the Wheat Ridge Urban Renewal Authonty ("Authonty"), as of Octo her .9..7 , 2003 WHEREAS, the CIty has created and the Authonty has admimstered the urban renewal area known as the Wheat Ridge Town Center ("Town Center"), and WHEREAS, the Authonty has used property and sales tax Incremental revenues from the Town Center to pay its financial obhgatlOns and debts related to urban renewal proJects, and WHEREAS, the Town Center IS located immediately adjacent to and adjoins the 3Rth A venue Corndor Redevelopment Area, and WHEREAS, the Authonty has entered Into a D1Spos1tion and Development Agreement effective May 1,2003 WIth Cornerstone Group L Inc. to develop a Walgreen's retad project Within the 38th Avenue Redevelopment Area, and WHEREAS, In compliance WIth the DIsposition and Development Agreement the A.uthonty has entered Into a financial agreement to effect its financIal and legal obligatIOns to develop the Walgreen's project, and WHEREAS, a portlOn of the Incremental sales tax revenues from the Town Center are not needed to pay any expenses or debt related to that proJect; and WHEREAS, such finanCIng agreement Includes among other sources of revenue tlllS excess portIOn of sales and property tax Increment revenues from the Tovm Center as \\cll as the contractual ImposltlOn of a Public Improvcment Fee ("PIF") of I % Imposed upon retad sales Items at the Walgreen's store, Wh1Ch revenues collectively shall be used to pay the financial debt of the Authont) related to the Walgreen's proJect; and WHEREAS. the Clt) IS deSirous of cooperating With the Authonty to allow It to realize the necessary revenues to pay lls financial obligatIOns to redevelop the 38th A venue Redevelopment Area In conJunction wlth the Town Center redevelopment, and WHEREAS, such cooperative efforts b) the City allow the elimInation of blight, redevelop certain commerCial areas of the City, and afford economic redevelopment for the communlty; and WHEREAS, the Council finds that saId Intergovernmental Agreement and the extension of use by the Authonty of the sales tax Increment are not a substantial change of the Town Center ProJect Urban Renewal Plan or the 38th Avenue Corridor Redevelopment Plan. THEREFORE, It IS agreed as follows I The City shall extend the sales tax mcrement for the Wheat fudge Town Center for so long as is necessary for the Authonty to pay its financ1al obhgatJons for the purpose of redevelopmg the Town Center and the 38th Avenue Comdor Redevelopment Area. The amount of the incremcnt shall contmue to be paid to the Authonty to be used for 1tS financ1al obligations related to such redevelopment actIvItIes, provided, however that only that portIOn of the sales tax incremental revenues generated withIn the Town Center not needed to pay the expenses of the Town Center urban rcnewal project, Including WIthout lim1tation, debt serVlCC, may be, subJect to annual appropnatlOn, made available for the 38\h A venue Comdor proJect. 2 By agreement between the Authority and Cornerstone Group I, Inc there shall be imposed a 1% Pubhc Improvement Fee, whIch shall be collected by Walgreen's, paid to the City, be subJect to a vendor's fee In the same amount as applicable for sales tax purposes, and shall be remitted by the City to the Authonty, less a fee for the City's collection of the same The Authonty shall use such PlF funds to pay its financial obligatIOns related to the Walgreen's proJect. 3 The City and Authonty agree to execute any subsequent and related documents, If necessary, to effect the proVisIOns of this IGA. Effective the date prOVided above City of Wheat Ridge. Colorado Wheat Ridge Urban Renewal Authontv , . W'XeLb'0)~j7.(;GLb~,. ;Yo.-; i3.~~. ~J1a~ Gretchen Cerveny. Mayor )' , / Attest ~ztlr~~L,..ft-t~0r>r GED\530276\456686I 2 City of Wheat Ridge Community Development Department Memorandum TO: Mayor and City CouncIl FROM: Alan Wh1te, Commumty Development DIrector SUBJECT: BuildIng Code Items DATE: May 15, 2006 Contractors' Insurance: The City's current contractors' Insurance reqUirements are $1 million per occurrence and $2 mill10n general aggregate. We have rece1ved several comments about these reqUirements beIng excessive, costly, and a burden to smaller contractors. We have surveyed the reqmrements of other JunsdlctlOns and ours are some of the highest in the state. We propose to lower the reqUirements to $300,000 per occurrence and $600,000 general aggregate. These amounts are more In lIne with the requirements of other JunsdlctlOns throughout the state. These amounts were recommended by the Building Code Advisory Board. Expiration of Building Permits: RegulatlOns concernIng the length of time a bUildIng permit IS valid are found In the InternatlOnal BUlldmg Code and International ResIdential Code, both of whIch are adopted by reference m Chapter 5 ofthe Code of Laws. There are also regulatIons In Chapter 26, [26-107 (3)] which conflIct with those of the referenced bUildIng codes. The buildIng codes provide that a permit IS valid so long as work IS started wIthm 180 days of Issuance and that work is not abandoned for a penod of more than 180 days. The Chapter 26 provIsion reduces the start up time to 60 days and the abandonment penod to 120 days. No other gUidance 1S gIven as to what constitutes abandonment of the work and the explfation of the permIt. If a permIt doesn't expIre If something IS done every 179 days under the current code, a permit can I1terally be valid for years. Th1S results In complamts from neIghbors. Under the current regulations, there 1S no effective way to deal with proJects that aren't brought to completlOn. Staff would propose an amendment which would make a buildIng permIt valid for 180 days from the date of Issuance, penod. Th1S IS suffiClent time for most constructlOn proJects except large commercial proJects, new resIdences, and maybe some addItlOns and tenant fimshes If they are complex. Under the proposed amendment, the BuildIng OffiCial would be authonzed to Issue one or more extenslOns to the 180 days upon a Justifiable cause beIng demonstrated. ThIS will likely he standard practice [or most large proJects. The BUildIng Code AdVISOry Board recommended the change to 180 days With the abIlIty to grant extenslOns. For endless constructlOn proJects, the ordInance gIves us the abIlIty to not Issue any further extenSIons, take the owner to court, and have the court order the completlOn wlthm a speCIfied tIme