HomeMy WebLinkAboutResolution-2004-0013
RESOLUTION NO. 13
Series of 2004
TITLE:
A RESOLUTION AUTHORIZING AN INTERGOVENMENT AL
AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND
THE CITY OF ARVADA FOR THE PURPOSE OF
COOPERATIVE PLANNING AND REVENUE SHARING IN
REGARDS TO THE ARV ADA RIDGE PROJECT
WHEREAS, Section 14.2 of the Home Rule Charter of the City of Wheat Ridge
provIdes express authority to enter into intergovernmental agreements providing for cooperative
efforts between governments; and
WHEREAS, The City of Arvada and the City of Wheat Ridge has a commitment to
planned and orderly growth; to regulating the location of activities and development which may
result in increased demands for its services; to provIding for the orderly development and
extension of city services, facilitIes, and regulations, to avoiding unnecessary duplication of
governmental services; to simplifying governmental structure where pOSSIble; to accomplishing
quality development; to reducing and avoiding, where possible, friction between the PartIes; to
promoting the economIc viability of their respective communitIes; and to raising revenue
sufficient to meet the needs of their citizens; and
WHEREAS, Because of the proximity of the PartIes' development opportunities, the
nature and quality of development within each city and along Kipling and Ridge Road will affect
the nature and qualIty of development in the other city and the revenues of each city; and
WHEREAS, Increased coordlllatIon and cooperation between the Parties, as represented
III the Intergovernmental Agreement, in planning for and regulating growth and the development
of land within the Ridge Home and Kipling/I-70 development area, will enhance the abIlity of
the Parties to achieve their respective and common goals; and
WHEREAS, The Intergovernmental Agreement outlllles the Development Area, outlines
improvements to Kipling Street, 50th A venue, Miller Strcet and Columbine Baslll Storm
Drainage to be constructed by the City of Arvada or the developer, outlines Plan Review and
Project ReImbursement to the City of Wheat Ridge and implements a revenue sharing schedule
commIttIng the City of Arvada to remit to Wheat RIdge an annual payment of $1 00,000 for a
period of eighteen consecutive calendar years; and
WHEREAS, The people of the State of Colorado have authorized municipalIties to
exercise the powers and to cooperate and contract in the matters set out in this agreement through
the Colorado ConstitutIOn, and
WHEREAS, The General Assembly of the State of Colorado has authorized and
encouraged the Parties to exercise the powers and to cooperate and contract in the matters set out
in this Agreement through the enactment of State statutes; and
WHEREAS, In vIew of the foregolllg findings of the City Council of Wheat RIdge, it is
appropnate that this Agreement be entered Illto; and
NOW THEREFORE BE IT RESOLVED THAT the Mayor of the CIty of Wheat
Ridge is hereby authorized to execute the Intergovernmental Agreement attached hereto wIth the
City of Arvada for the purpose of cooperative planning and revenue sharing in regards to the
Arvada Ridge project.
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DONE AND RESOLVED THIS ).1' day of 'I
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ATTEST:
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Pamela Y. Anderson, City Clerk
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COOPERATION AGREEMENT BETWEEN THE
CITIES OF ARV ADA AND WHEAT RIDGE FOR THE REDEVELOPMENT OF THE
ARV ADA RIDGE PROJECT
THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made and
entered into this ') ^~'l day of (I", )CI '-' f, 2004 by and between the City of
Wheat Ridge, a Colorado home rule municipality, hereafter referred to as "Wheat
Ridge," and the City of Arvada, a Colorado home rule municipality, hereafter referred to
as "Arvada." Wheat Ridge and Arvada may be referred to individually as a "city" or
together as the "Parties."
WHEREAS, the City Councils of Wheat Ridge and Arvada find that
1 Each city has a commitment to planned and orderly growth; to regulating
the location of activities and development which may result in increased demands for its
services, to providing for the orderly development and extension of city services,
facilities, and regulations, to avoiding unnecessary duplication of governmental
services; to simplifying governmental structure where possible, to accomplishing quality
development; to reducing and avoiding, where possible, friction between the Parties, to
promoting the economic viability of their respective communities, and to raising revenue
sufficient to meet the needs of their citizens.
2 Because of the proximity of the Parties' development opportunities, the
nature and quality of development within each city and along Kipling and Ridge Road
will affect the nature and quality of development in the other city and the revenues of
each city.
3 Increased coordination and cooperation between the Parties, as
represented in this Agreement, in planning for and regulating growth and the
development of land within the Ridge Home and Kiplingll-70 development 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 municipalities to
exercise the powers and to cooperate and contract in the matters set out in this
Agreement through the Colorado Constitution, Article XIV, Section 18 (2) (a), Article XX,
and Article XI, Section 7
5. The General Assembly of the State of Colorado has authorized and
encouraged the Parties 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 Section 29-20-105 and Section 29-20-106, Section 29-1-201 and
Section 29-1-203, Section 31-12-101, et seq, Parts 2 and 3 of Article 23 of Title 31,
Section 31-15-708, Section 31-15-710, and Part 4 of Article 35 of Title 31
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 statues and
Constitutional provisions
WHEREAS, in view of the foregoing findings of the City Councils of Wheat Ridge
and Arvada, it is appropriate that this Agreement be entered into
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein, it is agreed by and between the Parties as follows
1 Development Area. The area that is subject to the Revenue Sharing
provisions of this Agreement is hereafter referred to as a portion of the Ridge Home
development area (the "Development Area") and as depicted on Exhibit 1 and generally
described as those lots and parcels depicted in the Arvada Ridge Final Plat, a parcel in
the east Y2 of Section 16, Township 3 South, Range 69 West of the 6th Principal
Meridian, City of Arvada, Jefferson County, Colorado
2. Wheat Ridge and Arvada each agree to include the other in the referral
process for development applications in or adjacent to the Development Area. Every
effort shall be made to address the concerns of the other city prior to making any final
decision on the development application The term development application shall
include but not be limited to applications for rezoning, preliminary and final development
plans, preliminary and final subdivision plats, special use permits, site development
plans, and all similar applications for development.
3. Prior to the approval of any plans for constructing public improvements
inside the boundaries of Wheat Ridge, Arvada shall submit the plans therefore to Wheat
Ridge for its review and approval. All applicable standards and procedures of Wheat
Ridge shall be followed
4 With respect to the proposed Arvada Ridge project to be developed within
the Development Area, the City of Arvada shall construct or cause the developer of the
Arvada Ridge project to construct the following improvements
a. KiplinQ Street
(1) A third southbound lane shall be constructed adjacent to the
development from 50th Avenue to 600 feet north of 51st
Avenue, inclusive of lane taper length
(2) The curb return on the southwest corner of 50th Avenue and
Kipling shall be modified to allow eastbound right turns (from
west of Kipling) and southbound through movements (from
north of 50th Avenue) direct access to an existing and
continuous right turn lane south of the curb return This
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(3)
(4)
(5)
improvement will complete the existing third southbound
lane between 49th Avenue and 50th Avenue
A future southbound right-turn lane shall be designed for the
50th Avenue intersection. Right of way shall be provided by
Arvada.
Arvada shall cause the Developer to design and construct
the double northbound left turn lanes at 50th Avenue and
shall use all commercially reasonable efforts, including but
not limited to eminent domain, to acquire right-of-way on the
west side of Kipling Street to accommodate the extra turn
lane. Interim measures will be implemented while right-of-
way is being acquired to allow Target to open Wheat Ridge
recognizes that eminent domain might be necessary to
acquire the right-of-way and allows a reasonable amount of
time to pursue this option should immediate possession not
be granted
Property under the developer's ownership or existing control
that is needed for rights of way for the proposed future street
widening shall be dedicated to Wheat Ridge
(6)
A sidewalk/trail shall be constructed on the west side of
Kipling from 51st Avenue to 50th Avenue
(7)
Streetscape elements shall be constructed in accordance
with the Wheat Ridge Streetscape and Architectural Design
Manual
(8)
The traffic signal proposed to be constructed at West 51st
Place shall be constructed after meeting a warrant contained
in the most current edition of the Manual on Uniform Traffic
Control Devices and thereafter shall be maintained by
Arvada in accordance with standards mutually acceptable to
the Parties. It is anticipated that the signal will meet
warrants upon the opening of the anchor department store
and Wheat Ridge will not object to the traffic signal being
constructed as part of the initial improvements.
(9)
The traffic signal at 50th Avenue shall be reconstructed as
needed to accommodate the new traffic lanes
(10)
Wheat Ridge agrees to assist Arvada, at no cost to Wheat
Ridge, in acquiring right-of-way along Kipling Street for
improvements outlined in this sub-part. It is understood by
all Parties that any right-of-way taking will be only the
minimum of what is required to provide the additional
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northbound left turn lane onto 50th Avenue and to complete
the auxiliary third lane southbound from 50th to 49th Avenues
Assistance shall include being party to negotiations with
property owners and may include use of eminent domain
b 50th Avenue
(1 )
(2)
(3)
(4)
The provisions set forth In subparagraph (9) above shall
apply to 50th Avenue
50th Avenue shall be constructed as a four-lane
median-separated street from Kipling to Miller Street within
the Xcel Energy power line easement with two lanes on
either side of the power line towers The towers shall be
located in the median Left turn lanes shall be provided at
the intersections.
50th Avenue shall transition into the south leg of Miller
Street, with the north leg of Miller Street entering 50th
Avenue as a 'T' connection meeting as nearly as possible
standard intersection design criteria without acquiring
additional right of way on the south side of 50th Avenue
The access to the Target store shall align with the western
most platted access to the Bluegrass Terrace subdivision to
the south
(5) A raised median shall be constructed within the Arvada
Ridge access drive from 50th Avenue for a minimum
distance of 100 feet.
(6)
A sidewalk shall be constructed on the north side of 50th
Avenue.
(7)
Streetscape elements along the north side of 50th Avenue
and within the 50th Avenue median shall be constructed in
accordance with the Wheat Ridge Streetscape and
Architectural Design Manual
(8)
Streetlights shall be installed along both sides of 50th
Avenue at intervals of 300'
c. Miller Street
(1) The Parties agree that Miller Street is a collector street and
will ultimately be constructed to a minimum three-lane
section, curb gutter and five-foot sidewalk on both sides As
part of this site development, and subject to available right of
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way, Miller Street shall be constructed with the east curb,
gutter and sidewalk in the final/ultimate alignment and the
street shall be widened to meet the existing (saw cut) edge
of Miller Street to the new gutter edge As a minimum, there
shall be a through lane in each direction and left turn taper
and storage shall be designed and built at accesses and/or
intersection with 50th Avenue in accordance with City of
Wheat Ridge criteria. Miller Street will be realigned at the
same time as the other street improvements are constructed
for this project.
(2) The design of Miller Street improvements and the new Miller
StreeU50th Avenue intersection shall not require acquisition
of additional right-of-way from the property at 4990 Miller
Street.
(3) The entire re-aligned Miller Street shall be in Wheat Ridge
and the three acres to be purchased by Coors and the street
right-of-way will be de-annexed by Arvada and annexed by
Wheat Ridge Arvada shall prepare the deannexation map
and legal description and file the necessary forms. The
parties agree to cooperate and process the requisite
applications to accomplish de-annexation and annexation
(4) Existing utilities will remain in their current alignment of the
current Miller Street, with a utility easement created for this
alignment.
(5) The northern portion of the Miller Street improvements may
be delayed until the railroad approval is received
(6) The intersection of Miller Street and 50th Avenue shall have
traffic signal conduit installed for future traffic signals
(7) Streetscape elements along Miller Street shall be
constructed in accordance with the Wheat Ridge
Streetscape and Architectural Design Manual
(8) Miller Street improvements and future developments along
or near Miller shall be designed to accommodate the Gold
Line corridor.
d Columbine Basin Storm Drainaqe
(1) Arvada shall design and construct or cause the developer to
design and construct the Urban Drainage and Flood Control
Districts 1994 Columbine Basin Master Plan facilities across
the site and downstream from Kipling Street to "Pond 1" at
the southwest corner of West 51st Avenue and Garrison
Street. The construction thereof shall be at the cost of
developer Alternative design solutions that meet or are
consistent with the intent and concept of the Master Plan, as
described herein, may be submitted for review and approval
by the Parties, provided however, such alternative design
solutions must none the less meet the approval of the Urban
Drainage and Flood Control District.
(2) Future construction of the Columbine Master Plan facilities
downstream of "Pond 1" shall be the responsibility of Arvada
at no cost to Wheat Ridge
(3) Maintenance of the storm sewer facilities shall be assumed
by the city in which the facility is located, irrespective of
which city constructed the facility
(4) The overtopping of the on-site detention pond (Pond 4) shall
be addressed to the reasonable satisfaction of Wheat Ridge
to protect properties in Wheat Ridge from flooding
(5) Wheat Ridge agrees to assist Arvada, at no cost to Wheat
Ridge, in acquiring easements for improvements outlined in
this sub-part. It is understood by all Parties that what
easements are required will be the minimum of what is
necessary to complete these improvements Assistance
shall include being party to negotiations with property
owners and may include use of eminent domain
e Plan Review, Proiect Reimbursement and Maintenance
(1) Wheat Ridge agrees to review and comment on all project
plans, applications, or permits relating to improvements in a
timely manner Applications or permits shall be reviewed
promptly and without unreasonable delay Wheat Ridge shall
make every good faith effort to complete their review plans
or designs within three weeks from the date of the plan or
design's receipt. At that time comments shall be distributed
to all other interested parties. Arvada shall cause the
Developer to reimburse Wheat Ridge all fair and reasonable
costs, including staff expenses, for said plan review
(2) All traffic signal construction and maintenance shall be done
in accordance with standards mutually agreeable to each
city and in compliance with the approved traffic study
(3) All road design, construction, landscaping, streetscaping and
maintenance of said improvements shall be completed in
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accordance with the standards of the city in which such
improvements are located.
(4) Inspection of public improvements shall be the responsibility
of the city in which such public improvements are located
Arvada shall cause the Developer to reimburse Wheat Ridge
all fair and reasonable costs, including staff expenses, for
said inspection
(5) For those public improvements constructed by the developer
that are in or adjacent to the Wheat Ridge portion of the
Development Area, Wheat Ridge agrees that it will
cooperate with the implementation of a reimbursement
mechanism in accordance with its ordinances to reimburse
the developer from revenue from other benefited properties
(6) When performing an administrative or ministerial action in
connection with the review or approval of any design plans,
applications, permits or related documents, or when issuing
any required permit or license, necessary for the
performance of some or all of the obligations described in
this Agreement, the Parties shall not unreasonably deny,
delay or condition the approval of such easements on public
property, plans, applications or permits The parties agree to
provide easements on public property or licenses as may be
reasonably required for the ongoing maintenance of the
improvements for which a city is responsible that are within
the city limits of the other party
(7) Anything in this agreement to the contrary not withstanding,
Wheat Ridge agrees to assist Arvada in acquiring right-of-
way and easements for improvements outlined in this
agreement. Assistance shalt include being party to
negotiations with property owners and may include use of
eminent domain.
(8) Anything in this section to the contrary not withstanding, the
Developer's obligation to reimburse for reasonable fees and
costs shall at all times be contingent upon the final approval
thereof by Wheat Ridge In the event that the plans
described therein are not approved for any reason, then the
Developer will have no obligation for reimbursement.
(9) After completion and dedication of the improvements,
including streets, signalization, sidewalks and landscaping;
such improvements will be maintained by the city in which
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they are located unless otherwise agreed to in this
document.
5 The Parties commit to cooperate in pursuing improvements to the
1-70/Kipling Interchange, including the use of reasonable and diligent efforts to obtain
funding for such improvements from federal, state and other local government sources.
Not later than ten years from the opening date of the major retail operation that is
planned for the Development Area, the Parties agree to conduct a joint comprehensive
review of the options and alternatives for funding said improvements, and shall meet
and negotiate in good faith towards a mutually acceptable agreement thereon Nothing
herein shall prevent the Parties from meeting and discussing the matter at such other
times as they may find useful or mutually beneficial.
6 Wheat Ridge supports Arvada's position on the Regional Transportation
District (RTD) light rail Gold Line.
7 Revenue SharinQ
a) Implementation The Parties understand that the implementation of
this Agreement and the achievement of its purposes, including
planning for and regulating the use of land and the provision of
municipal services, facilities, rights-of-way, and other requirements
within the Development Area, will require the expenditure of revenues
by each city In light of the foregoing, the Parties agree that the certain
revenues will be shared between the Parties for their respective uses,
including, but not be limited to, implementation of this Agreement and
the provision of services within the subject area
(1) Not later than April first of the second year following the year
in which the major retail center that is constructed within the
Development Area receives a full service Certificate of
Occupancy, (hereafter, the "Commencement Date"), Arvada
shall remit to Wheat Ridge by cash payment, government
check, wire transfer, or certified funds, the amount of One
Hundred Thousand Dollars ($100,000) annually (hereafter,
the "Shared Revenue") For purposes of this Agreement, the
term major retail center shall mean a "Super Target"
department store, or comparable retail department store in
terms of size and product offered for retail sales
(2) Arvada shall remit the Shared Revenue to Wheat Ridge
annually on or before April 1 sl of each year for a period of
eighteen consecutive calendar years, subject to the
provisions of section 12, starting on the second year after
the Commencement Date, subject to the following
conditions
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(i) The Shared Revenue shall be payable solely from tax
revenues collected by Arvada from businesses and
properties located within the Development Area The
Shared Revenue shall not be a pledge, general
obligation, lien or encumbrance on other revenues of
Arvada, or otherwise constitute a pledge of Arvada's
full faith and credit.
(ii) The major retail center shall be in operation and be
paying taxes to Arvada when due.
(3) The Parties understand and agree that the amount of the
Shared Revenue is intended to be a sum certain
Accordingly, subject only to the provisions of subparagraph
7.a.2 above, the Shared Revenue shall not be subject to
adjustments, prorations, additions, interest, or reductions
during or over the term of this agreement.
b Tax Consequences'
(1) To the extent that there may be any tax consequence to
either Party resulting from the payment of the Shared
Revenue, the respective Party shall be solely responsible for
such tax consequence. If there is a reporting requirement,
each Party shall cooperate with the other in providing the
necessary identifying tax information
(2) In the event that Wheat Ridge is required to rebate tax
receipts pursuant to Section 20, Article X of the Colorado
Constitution, Wheat Ridge shall be responsible for
determining what, if any, portion of the Shared Revenue falls
within the category of revenue requiring rebate and then
making proper disposition thereof consistent with its own
policies and procedures Arvada shall not be responsible for
performing any rebate on behalf of Wheat Ridge. A rebate
by any or all of the Shared Revenue shall not increase any
amount owed by Arvada to Wheat Ridge as Shared
Revenue, or otherwise increase the term, or modify the
conditions or obligations of the Parties under this
Agreement, except as expressly provided in subparagraph
(i) of this paragraph, below
(i) With the agreement of Arvada, which agreement
Arvada may grant or withhold in its exclusive
discretion, Wheat Ridge may forgo receipt of any
payment of the Shared Revenue in any given year
that a tax rebate event would occur as a consequence
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of receipt of the Shared Revenue, and instead permit
the Shared Revenue to be retained and used by
Arvada as its own property. In the event of a deferred
payment of the Shared Revenue for the reason
provided herein, the term of this Agreement may be
extended by the mutual consent of the parties for one
year for each such deferral, to a maximum of five
years total
c. Audit. In the event Arvada notifies Wheat Ridge that there are no
Shared Revenues available to be paid, Wheat Ridge and its
authorized agents may, upon reasonable advance written notice to
the Arvada, audit Arvada's records of those taxes which are
collected within the Development Area and which are to be shared
pursuant to this Agreement.
d Bond Pledqe Notwithstanding anything herein to the contrary, the
obligations of Wheat Ridge and Arvada hereunder shall be subject
to and subordinate to Wheat Ridge's and Arvada's respective
obligations, covenants, and representations contained in or
incorporated in any ordinance, resolution, indenture, underwriting
agreement or other document pertaining to the authorization,
issuance, payment, or sale of any bonds, notes, certificates,
debentures, or other evidences of borrowing (except as may be
specifically provided otherwise in any such document), which are
currently issued and outstanding, the intent being that such
obligations, covenants, and representations have and will take
precedence over those set forth herein, and will be met, complied
with, satisfied, and discharged in accordance with such documents
prior to any distribution of monies hereunder
e Interest. There shall not be interest accrual or payment obligation
on tax revenues collected by one city and subject to sharing with
the other city under the terms of this Agreement.
f Revenue Sharinq Date The revenue sharing provisions of this
Agreement shall become effective not later than two years after the
Commencement Date Provided however, that with the mutual
written consent of the Parties, the payment of the Shared Revenue
may be commenced at any earlier date In the event that the
Revenue Sharing payment date is advanced for any reason, the
term for payment of the Shared Revenue shall then be eighteen
years calculated from that earlier date
8 Parties to Exercise Good Faith Wheat Ridge and Arvada agree to devote
their reasonable and diligent efforts and to exercise good faith in implementing the
provisions of this Agreement.
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9. Intent of Agreement. This Agreement is intended to describe rights and
responsibilities only as between the Parties hereto It is not intended to and shall not be
deemed to confer rights to any persons or entities not named as parties hereto nor to
require Wheat Ridge or Arvada to provide any services to any land This Agreement is
not intended to limit in any way the powers or responsibilities of any other political
subdivision of the State of Colorado not a party hereto
10. Remedies of Default. Should either city fail to comply with the provisions
of this Agreement, the other city, after providing written notification to the non-complying
city and upon the failure of said city to achieve compliance within ninety (90) days after
said notice, may at its option either terminate this Agreement or maintain an action in a
court of competent jurisdiction for specific performance, or other appropriate relief,
excluding damages relief In the event of such litigation, each city shall be responsible
for its own costs, including attorney fees. Prior to and as a mandatory prerequisite to
the filing of any such action, the city must first engage in non-binding mediation with the
other city In the event the Parties are unable to agree upon a mutually acceptable
mediator for this purpose, each city shall select a mediator, and the two mediators shall
select a third mediator, who shall conduct the mediation.
11 Effective Date. This Agreement shall become effective on the date first
above written.
12 Termination This Agreement shall terminate on the date the final Shared
Revenue payment is made by Arvada unless the Parties mutually agree in writing to
terminate it sooner, or it is terminated by one city pursuant to Section 10 This
Agreement is subject to annual appropriations by Arvada. In the event Arvada fails to
appropriate funds in any year, this Agreement shall be extended for an additional year,
but cannot extend past the life of the Urban Renewal District which sunsets in 2028, and
such payment shall then be paid by Arvada as an obligation of Arvada at the earliest
possible date Nothing herein is intended or shall be construed to impose a multiyear
fiscal obligation or debt upon Arvada within the meaning of Article X, Section 20 of the
Colorado Constitution
13 Amendment. This Agreement is the entire and only agreement between
the Parties regarding the Development Area and the Shared Revenue, there are no
promises, terms, conditions, or obligations other than those contained herein The
Parties agree to execute any additional documents or take any additional action that is
necessary to carry out this Agreement. This Agreement may be amended only by an
instrument in writing signed by each of the Parties. If any other provisions shall be
affected by such holding, all of the remaining provisions of this Agreement shall
continue in full force and effect.
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be
executed.
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. ity Cle~
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City Attorney
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ATTEST
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