Loading...
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. "(~ '---I" DONE AND RESOLVED THIS ).1' day of 'I ( ATTEST: .. ) " , 'c 1i\,U_J..i.. c ,-. ~'v...LL- V Pamela Y. Anderson, City Clerk > i -" -- 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 -2- (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 " -.:r 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 _L.._ -- -- 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 -0' -- 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 - I. 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 -8- -- (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 -p- 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. -1 (.- 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. -11. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed. / /. , ~EST h\1J ~ I .v . ity Cle~ zti:lIJ~ City Attorney / -..----- ATTEST / ) ) ..4.. /L I" ,/ 0 - " /.....i /(.1 !".)!' '\ /-"'-' l. V t.; , ~ .E:,'~ bY'~ City Olerk -12.