Loading...
HomeMy WebLinkAboutresolution.council.034-94 fe; . m, '''< ~...... "l. fl','. ~. \\;; 'Ii (),jJ If! cz. RESOLUTION NO.;t) . (Series of 1994) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ASPEN AND THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY ESTABLISHING A JOINT COMMUNITY DEVELOPMENT DEPARTMENT BY COMBINING THE ASPEN/PITKIN COUNTY PLANNING OFFICE AND tHE ASPEN/PITKIN COUNTY BUILDING OFFICE WHEREAS, City Council approved Resolution #20, 1994, adopting an intergovernmental agreement between the City of Aspen and Board of County Commissioners of Pitkin County, and WHEREAS, The Board of County Commissioners made some minor changes in that agreement and a new agreement has been submitted for approval, a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves that intergovernmental agreement between the City of Aspen and Board of County Commissioners of Pitkin County, a copy of which is annexed hereto and incorporated herein, and does hereby authority the City Manager of the City of Aspen to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 9th day of May 1994. ~ 7. (7~ John . Bennett, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a trues and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. e..... ~... -, tit Ie, ~. ""< A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, TO ADOPT THE ASPEN/PITKIN COUNTY COMMUNITY DEVELOPMENT AGREEMENT Resolution # 94-U. RECITALS 1. The City of Aspen and Pitkin County have the authority pursuant to Article XIV, Section 18, of the Colorado Constitution and Section 29-1-201, et. seq., of the Colorado Revised Statutes, to enter into intergovernmental agreements for the purpose of providing any service or performing any function which they can perform individually. 2. The City and County did enter into an intergovernmental agreement dated February 13, 1984, to establish a "Joint-Building Inspections Office" to consolidate the separate building inspection offices and zoning enforcement activities of the City and County into a single joint department. 3. The City and County did enter into an intergovernmental agreement dated February 8, 1982 to establish a joint"City/County Planning Office" and to share in the management and expenses of that Planning Office. 4. The City and County desire to create a joint City and County Community Development Department to improve economic efficiency, staff productivity, and the overall level of services previously provided by the joint City/County Building and Planning Departments. NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that the Board authorizes the Chair to sign and execute the attached Aspen/Pitkin County Community Development Department Intergovernmental Agreement. THE BOARD FURTHER RESOLVES that at the end of the first year of operation ithe Board will thoroughly review the structure of the Community Development Department and shall be required to take affirmative action to renew or cancel the Intergovernmental Agreement annually. INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING AT THE REGULAR MEETING ON THE 12th DAY OF A1,Jril , 1994. NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN. TIMES ON THE 15th DAY OF April , 1994. APPROVED AND ADOPTED AFTER SECOND READING AND PUBLIC HEARING ON THE 26th DAY OF April, 1994. 1 'e, liS.. \"\'-",. (fIIt.. \,. e'.. L "1j" PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES ON THE 6th DAY OF Mav , 1994. J e ette Jones D puty Clerk & R corder pcsem/wp/4.415 BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By:~'CA/.d!/~~ Rooert W. Child, Chairman Date: '15/2--7/9'1 / MANAGER APPROVAL: 6 ~ qlrlj'<<L Reid Hau y County Manager 2 ~ .. -.. .. . INTERGOVERNMENTAL AGREEMENT ASPEN/PITKIN COUNTY COMMUNITY DEVELOPMENT DEPARTMENT THIS INTElGOVERNM~AGREEMENT ("Agreement"), is made and enter.ed into as of this '!)7 day of - , 1993, by and among the CITY OF ASPEN, Colorado, a liome-rule municipal corporation ("City"), and the BOARD OF COUNTY COMMISSIONERS FOR THE COUNTY OF PITKIN, Colorado, a body corporate and politic ("County"). WIT N E SSE T H: WHEREAS, the parties to this Agreement have the authority pursuant to Article XIV, Section 18, of the Colorado Constitution and Section 29-1-201, et seq., of the Colorado Revised Statutes, to enter into intergovernmental agreements for the purpose of providing any service or performing any function which they can perform individually; and WHEREAS, the City and County did enter into that certain intergovernmental agreement dated February 13, 1984, to establish a "Joint-Building Inspections Office" to consolidate the separate building inspection offices and zoning enforcement activities of the City and County into a single joint department; and WHEREAS, the City and County did enter into that certain intergovernmental agreement dated February 8, 1982, to establish a joint "City/County Planning Office" and to share in the management and expenses of that Planning Office; and WHEREAS, the City and County desire to create a joint City and County Community Development Department to improve economic efficiency, staff productivity, and the overall level of services previously provided by the joint City/County Building and Planning Departments. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements of the parties, and other good and valuable consideration, the adequacy and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. PURPOSE This Intergovernmental Agreement is designed and intended to: . improve the economic efficiency, staff productivity, and overall services: for consumers of the previous joint City/County Building and Planning Offices; . facilitate clear communication and efficient planning and building functions among all staff assigned to the Community Development Department (hereinafter "Department") ; . foster uniform interpretation and implementation of laws, rules and regulations of the City and County when appropriate and feasible; 4_ .. . facilitate joint long range planning; and . establish and clarify the duties and responsibilities of the following Sections within the Department: Administration, Planning, Zoning, and Building. lei \ ' "" One of the main purposes of this Intergovernmental Agreement is to create a working environment for all personnel of the joint Department and Sections within the Department which is conducive for harmonious, cohesive and unified team work in the provision of services to the public and other Departments of the City and County. The parties hereby recognize that the Community Development Directors will need to work very closely in all personnel matters irrespective of which entity employs them. It is the intent of the parties that the Community Development Directors shall jointly manage all aspects of the Community Development Department including all matters relating to personnel, fiscal, work load distribution, and service allocations. The parties recognize that all personnel of the Department shall be assigned as either City or County employees, but shall report to and be jointly supervised by the Community Development Directors. All personne1 of the Department shall be placed on the payroll system, follow the personnel policies and procedures, receive the personnel benefits, and shall be evaluated in accordance with their respective governmental entity's personnel system. Notwithstanding the previous sentence, the parties further recognize that the Community Development Directors may desire to structure the Department and manage the day to day operations of the Department so as to minimize any real or perceived differences inherent in being employed by different governmental entities. Accordingly, the parties hereto encourage the Community Development Directors and the City and County Managers to implement ways in which differences in employee benefits, observances of paid holidays, and other similar conditions of employment can be equalized for City and County employees of the Department without unduly violating established personnel policies and procedures ofthe City and County. The City, within its legal ability to do so under the Constitution of the State of Colorado and its home rule charter, agrees, to the full extent permitted by law, to indemnify and save harmless the County, its officers and employees, from all suits, actions or claims of any character brought because of any injuries or damages received or sustained by ilny person, persons, or property on account of the operations of the City; or on account of or in consequense of any neglect by the City; or because of any act or omission, neglect, or misconduct of any Department employee engaged in the performance of his/her duties on behalf of the City. tA ~.. The County, within its legal ability to do so under the Constitution of the State of Colorado and its home rule charter, agrees, to the full extent permitted by law, to indemnify and save harmless the City, its officers and employees, from all suits, actions or claims of any character brought because of any injuries or damages received or sustained by any person, persons, or property on account of the operations of the County; or on account of or in consequense of any neglect by the County; or because of any act or omission, neglect, or misconduct of any Department employee engaged in the performance of his/her duties on behalf of the County. 2 &e... ~i; \i, ~ e" 1: '~~~ ~ei. ~, "" Neither the City nor the County waive the defenses or limitations on damages provided for and pursuant to the Colorado Governmental Immunity Act (Sec. 24-10-101 et seq. C.R.S.), the Colorado Constitution, their respective home rule charters or under the common law or the laws of the United States or the State of Colorado. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in, or be construed as establishing an employment relationship not intended by the express terms of this agreement. Personnel identified as County employees shall be for all purposes County employees. Personnel identified as City employees shall be for all purposes City employees. It is anticipated that Departrn.ent employees will be assigned to work on projects and activities for both political entities and may be required to report to personnel employed by each entity. Nothing contained in this agreement shall be construed to make such sharing arrangements. evidence of an employee/employer relationship other than the ones specifically set forth herein. No agent, employee, or servant of one party shall be, or shall be deemed to be, the employ- ee, agent or servant of the other party. Each party to this agreement shall be solely and entirely responsible for its acts and for the acts of its agents, employees, servants and subcontractors during the performance of this agreement. II. ADMINISTRATIVE SECTION. A. Responsibility of Administrative Section. The Administrative Section of the Department shall be responsible for implementing the provisions of this Intergovernmental Agreement, for ensuring that the Department and all Sections of the Department function efficiently, and for ensuring that the Departrn.ent operates in a cohesive and unified manner. B. Staffing. The Administrative Section of the Department shall be staffed by a City Community Development Director, a County Community Development Director, and such support staff as deemed necessary by the Community Development Directors as set forth herein. 1. Citv Communitv Development Director. The City Community Development Director shall be a City employee appointed by the City Manager to serve at the pleasure of the City Manager. Notice to: the County Manager and County Community Development Director of at least 10 working days shall be required prior to appointing or terminatingi the City Community Development Director. 2. Countv Community Development Director. The County Community Development Director shall be a County employee appointed by. the County Manager to serve at the pleasure of the County Manager. Notice to the City Manager and City Community Development Director of at least 10 working days shall be required prior to appointing or terminating the County Community Development Director. 3 .e. ~'. "\". e.l. , " a ~. 3. SUP1?ort Staff. The Community Development Directors shall appoint support staff as they may determine necessary to assist them in properly performing their duties and responsibilities consistent with the City and County budgets. Support staff members assigned to the Planning and Zoning Sections shall be designated as City employees. Support staff members assigned to the Building Section shall be designated as County employees. Notwithstanding the fact that support staff are specifically designated as either City or County employees, all support staff shall report to and be jointly supervised by both Community Development Directors. The Community Development Directors shall agree to all personnel actions including terminations, disciplinary actions, promotions, demotions, pay rates, and all conditions of employment. C. Responsibilities of Communitv Development Directors. The Community Development Directors shall be responsible for ensuring that the Department functions efficiently and in a cohesive and unified manner as contemplated herein. Each Community Development Director shall also be responsible for managing each of the Sections of the Department, including their respective personnel, operating policy, and Section responsibilities as outlined in this agreement and their respective municipal and county codes. The Community Development Directors shall ensure that all personnel are assigned to work on City or County projects/tasks as they deem most efficient and appropriate for the completion of the Department's work load. II1. PLANNING SECTION. A. Responsibilities of the Planning Section. The Planning Section shall be responsible for the following matters: 1. Research, including the maintenance of a data bank, library, land use and housing inventory, population data, etc. 2. The administration of the City or County Land Use Code. Administration shall mean the preparation and presentation of recommendations \'lith respect to various public and private land use proposals or applications as well as the periodic re-evaluation and recommendation of suggested changes to the City or County Land Use Codes to the City or County Planning and Zoning Commissions and the City Council or Board of County Commissioners. Administration shall be distinguished from Code enforcement which is the responsibility of the Zoning Section. 3. In conjunction with the Planning and Zoning Commissions, the develop- ment and maintenance of the official Comprehensive Plans of the City and. County as dictated by state statute, and standards of the planning profession and interests of the City and County. In addition, the Planning Sections shall serve to advise their respective Planning and Zoning Commissions. The advice and consent shall serve as a technical support 4 ,. \. 4. (A ~. -- - function with the understanding that the Planning Sections reserve' the right to advise the City Council and the Board of County Commissio~ers separately and apart from the recommendations of the respective Planning and Zoning Commissions. Communication between the City and County with respect to matters of physical development which are of mutual concern to both the City and County. 5. Liaison on behalf of the City and County with planning programs and activities of districts, adjacent counties, NWCCOG, State of Colorado agencies, federal agencies, and the private sector. 6. Administration of various State and federal planning assistance funds and programs as may from time to time become available. 7. Preparation of advocacy plans for elected officials to facilitate the clear communication of individual ideas as they may arise, provided that the Community Development Directors shall review the work involved ill. the preparation of such plans and reserve the right to schedule such work as time permits. 8. Undertake such other responsibilities as may from time to time be assigned by the City or County Planning and Zoning Commissions, the City Council, or the Board of County Commissioners. 9. Coordinate and support other sections and departments of the City and County in the enforcement of all laws and regulations. B. Planners. The Planning Section shall be staffed by Planning personnel who shall be City employees and shall be appointed by and serve at the pleasure of the City and County Community Development Directors. All personnel actions taken by the Community Development Directors including, but not necessarily limited to, disciplinary actions, evaluations, promotions, demotions, pay rates, and other. conditions of employment shall be joint decisions of the Directors. C. ~ ., D. Historic Preservation Officer. The Planning Section shall be staffed, in addition to the planners referenced above, by a person designated as an Historic Preserva- tion Officer. The Historic Preservation Officer shall be an employee of the City and shall be appointed by and serve at the pleasure of the City and Coilnty Community Development Directors. All personnel actions taken by. the Community Development Directors including, but not necessarily limited to, disciplinary actions, evaluations, promotions, demotions, pay rates, and Other conditions of employment shall be joint decisions of the Directors. Director of Long Range Planning. The Planning Section shall be staffed by a person designated as the Director of Long Range Planning. The Director of Long 5 eh.. '.\' ~'" (ft, 'i\. %<- (~. %.. IV. Range Planning shall be an employee of the City and shall be appointed by and serve at the pleasure of the City and County Community Development Directors. All personnel actions taken by the Community Development Directors including, but not necessarily limited to, disciplinary actions, evaluations, promoti<ins, demotions, pay rates, and other conditions of employment shall be joint decisions of the Directors. BUILDING SECTION A. Responsibilitv. The Building Section of the Department shall be responsible for the following matters: 1. The enforcement and administration of all laws, rules and regulatipns adopted and amended from time to time by the City and County relating to health, safety, and special hazard codes including, but not necessarily limited to: the Uniform Building Code, the National Electric Code, the Uniform Housing Code, the Uniform Plumbing Code, and the Uniform Mechanical Code. 2. Serve as technical advisor to the City and County Boards of Appeals and Examiners. 3. In conjunction with the City and County Boards of Appeals and Examin- ers, recommend the development and maintenance of all safety, health and special hazard codes in such areas or matters upon which the City and County have exercised or accepted legal jurisdiction. 4. Conduct Plans checks of all building plans to ensure conformance with all relevant rules, regulations and laws of the City or County. 5. Conduct such inspections as may be required by law or deemed advisable or necessary. 6. I~sue building permits and certificates of occupancy in accordance with all City and County laws, rules and regulations. 7. Undertake such other responsibilities as may from time to time, be assigned by the City or County Boards of Appeals and Examiners, the City Community Development Director, or the County Commm;uty Development Director. 8. Coordinate and support other sections and departments of the City and County in the enforcement of all laws and regulations. B. Chief Building Official. The Building Section of the Department shall be staffed by a Chief Building Official and such other staff members as the Chief Building 6 ek " " e"'" < ',~ \e Official and Community Development Directors deem appropriate and necessary consistent with the City and County budget. All personnel of the Building Section shall be County employees. The Chief Building Official shall be appointed by and serve at the pleasure of the City and County Community Development Directors. All personnel actions taken by the Community Development Directors includiIJ.g, but not necessarily limited to, disciplinary actions, evaluations, promotions, demotions, pay rates, and other conditions of employment shall be joint decisions of the Directors. C. Responsibilities of Chief Building Official. The Chief Building Official shall be responsible for all Section responsibilities as set forth above and all duties imposed upon him or her by the various safety, health and special hazard codes adopted by the City or County. The Chief Building Officer shall appoint, withi the advice and consent of the City and County Community Development Directors, such additional inspectors and support staff as they deem necessary and appropriate. V. ZONING SECTION A. Responsibility. The Zoning Section of the Department shall be responsible for the following matters: 1. The enforcement and administration of all laws, rules and regulations adopted and amended from time to time by the City and County relating to zoning 2. Serve as technical advisor to the City and County Boards of Adjustment. 3. Recommend the adoption of new zoning laws or amendments to existing zoning laws. 4. Conduct Plans checks of all building plans to ensure conformance with all relevant rules, regulatioIis and laws of the City or County. 5. Conduct such inspections as may be required by law or deemed advisable or necessary. 6. Undertake such other responsibilities as may from time to time be assigned by the City Community Development Director or the County Community Development Director. 7. Coordinate and support other sections and departments of the City and County in the enforcement of all laws and regulations. B. Deputv Director of Zoning:. The Zoning Section of the Department shall be staffed by a Deputy Director of Zoning and such other staff members as the Deputy Director of Zoning Officer and Community Development Directors deem 7 -- ..~ \,~ 'I \<. c. appropriate and necessary consistent with the City and County budgets. All personnel of the Zoning Section shall be City employees. The Deputy Director of Zoning shall be appointed by and serve at the pleasure of the City and County Community Development Directors. All personnel actions taken by 'the Community Development Directors including, but not necessarily limitedi to, disciplinary actions, evaluations, promotions, demotions, pay rates, and other conditions of employment shall be joint decisions of the Directors. Responsibilities of Deputv Director of Zoning. The Deputy Director of Zoning shall be responsible for all Section responsibilities as set forth above and all duties imposed upon him or her by the various safety, health and special hazard codes adopted by the City or County. The Deputy Director of Zoning shall appoint, with the advice and consent of the Community Development Directors, such additional enforcement officers, planners and support staff as they may deem necessary and appropriate consistent with the City and County budgets. VI. FINANCIAL CONSIDERATIONS. A. Annual Program and Financial Budget. The City and County shall annually adopt as part of their individual fiscal year budgets an annual budget for the Depart- ment. The budget shall be prepared by the Community Development Directors in consultation with the City and County Managers prior to their submission to the City Council and Board of County Commissioners for approval. The annual budget shall consist of (a) a work plan setting forth all proposed activities and projects of each Section of the Department with specific allocations of staff time and resources to be used; (b) a breakdown of all expenditures allocated by City and County for each Section of the Department; (c) a breakdown of all revenues received and allocated by City or County for each Section of the Department; :and (d) a reconciliation report of all fund transfers between the City and County to account for differences between projected/budgeted and actual allocations of staff time between City and County activities and projects for the prior year. In: the event that the actual expenditures or revenues are significantly different than anticipated during the year, either party may seek to amend the Departm~nt's budget. The budget shall be amended only upon the prior written consent of the parties. B. Departmental Expenses and Revenues. I. All costs that can be directly attributable to the City shall be charged to the City and those directly attributable to the County charged to the Coun- ty. 2. Revenues that can be directly attributable to the City shall be creditep. to the City and those attributable to the County shall be credited to' the County. 8 lit ~ ~t '"< 3. Costs and revenues that cannot be attributable to either the City or County shall be charged or credited to each entity in the proportion that .the entity's direct costs bear to the total direct costs. 4. The City Finance Department shall be responsible for initially payingi all costs and receiving all revenues for the Planning and Zoning Sections that cannot be directly attributable to either the City or County. The County Finance Department shall be responsible for initially paying all costs and receiving all revenues for the Building Sections that cannot be directly attributable to either the City or County. The City and County shall monthly report all such expenditures and receipts to their counterparts. 5. On or before the 15th of March of each calendar year, the actual net cost of the Department shall be determined by the City and County Finance Directors and final reimbursement shall be settled and transacted. 6. All records and accounting methods shall be in accordance with the Memorandum of Understanding between the City and the County regarding administrative procedures for the operation of joint City/County Departments. <<- C. Time Records. All personnel in the Department shall keep and maintain time records which accurately identifies all "paid" time to specific activities and projects and which allocates their time to the City, the County, or some percentage of each. VII. AUTOMATIC RENEWAL AND TERMINATION. A. This agreement shall be automatically renewed annually at the time of the official adoption of the budgets of the City and County. B. Both the City and District may withdraw from this agreement at any time upon written notification to the other one hundred eighty (180) days in advance of the date upon which they intend to withdraw. CITY OF ASPEN, COLORADO By: e ATTEST: . . ~J;d/l~ f 7. (7~ 9 _ Approved as to Form: . ~.\ . t. L;;?!tz//7m~ City ttorney BOARD OF COUNTY COMMISSIONERS FOR THE COUNTY OF PITKIN By: ~~~ r!Lf.,f . "1- ~1- 9 '! ~~. ~=:> County Attorney . commdev.iga 10