RFCA - R-2009-45

REQUEST FOR COUNCIL ACTION

RESOLUTION:  2009-45

SUBJECT:  Authorizing the First Amendment to Intergovernmental Agreement between the Town of Morrison, Colorado and the City of Lakewood, Colorado Regarding the Rooney Valley.

RECOMMENDATION:  Approve Resolution 2009-45 authorizing the City Manager to execute a First Amendment to the Intergovernmental Agreement in a form approved by the City Attorney.

FUNDING SOURCE:  N/A

SUMMARY AND BACKGROUND OF SUBJECT MATTER:
The City of Lakewood (the “City”) and the Town of Morrison (the “Town”) entered into an Intergovernmental Agreement Regarding the Rooney Valley in May 2000.  The IGA introduced the concept of a Joint Project Review Committee, consisting of representatives of both municipalities, which would review development proposals in the Valley.  The IGA allowed for the JPRC to enter into “development agreements” with property owners, and for those agreements to address the subject of vested property rights.  However, the specific language of the IGA left some with the impression that no vesting in excess of three (3) years could be approved, despite state statutory provisions that allow parties to agree to much longer vesting periods in certain circumstances.  The City Council recently approved a major modification of an Official Development Plan in the Rooney Valley with a twenty-five year vesting period, and staff believes that it is important to have the flexibility to approve vesting for periods beyond three (3) years, especially in the current economy.

RESOLUTION ADOPTION DATE:  September 14, 2009

ORIGINATED BY:  Rebecca Clark, Economic Development Coordinator

STAFF PERSON RESPONSIBLE:  Tim Cox, City Attorney, 303-987-7451

DOCUMENT(S) ATTACHED:  Resolution 2009-45
First Amendment to IGA between the town of Morrison and the City of Lakewood

SUBMITTED BY:
Timothy P. Cox, City Attorney

REVIEWED BY:
Joni Inman, Director, Mayor and City Manager’s Office
Michael J. Rock,  City Manager