RFCA R-2009-47

REQUEST FOR COUNCIL ACTION

RESOLUTION:  2009-47

SUBJECT:  First Amended Intergovernmental Agreement with The Plaza Metropolitan District No. 1 amending certain provisions related to maintenance and operations responsibilities at Belmar.

ADDRESS:  7200 West Alameda Avenue

RECOMMENDATION:  City Council authorization of the agreement

FUNDING SOURCE:  The Plaza Metropolitan District No. 1 and the City’s General Fund

SUMMARY AND BACKGROUND OF SUBJECT MATTER:
In 2004, the City and The Plaza Metropolitan District No. 1 entered into an Intergovernmental Agreement related to maintenance and operations at Belmar.  The City is normally responsible for on-going maintenance of public improvements.  Because many of the public improvements at Belmar include upgraded features, the Metropolitan District agreed to be responsible for certain features and activities.  Additional construction has occurred at Belmar since the execution of the original agreement, requiring an amendment to the agreement to include the new areas.

The general duties and responsibilities of the City and the Metropolitan District outlined in the original agreement are not changed by this amendment.  Additional residential streets are added to the City’s snow plowing and ice control program.  Additional non-residential streets, intersections and miscellaneous features are added to the maintenance responsibilities of the Metropolitan District.

The Metropolitan District has agreed to a revised date for accepting the annual payment from the City for street lighting.  This allows the City more time to process the annual account from Xcel Energy and determine the payment to be made to the Metropolitan District.

A provision for administrative amendments is included in this amendment.  This will allow future minor amendments to add items such as new specialty paving areas, medians and other miscellaneous features to the City’s or Metropolitan District’s maintenance responsibilities in an efficient and timely manner.  Any amendments creating a substantial change to the City’s or the Metropolitan District’s maintenance responsibilities would require City Council authorization.

RESOLUTION ADOPTION DATE:  September 28, 2009

ORIGINATED BY:  Department of Planning and Public Works

STAFF PERSON RESPONSIBLE:  Anne Heine, City Engineer 303-987-7931

DOCUMENT(S) ATTACHED:   Resolution 2009-47
First Amended Intergovernmental Agreement
Original Intergovernmental Agreement with redlines

SUBMITTED BY:
Jay N. Hutchison, Director, Planning and Public Works Department

REVIEWED BY:

Joni Inman, Director, Mayor and City Manager’s Office
Kathleen E. Hodgson,  City Manager