HomeMy WebLinkAbout2009 Ordinance No. 011•
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ORDINA CE NO . Ji_
SERIES OF 2009
CONTRACT NO,~ 7-J..OO'/
BY A TH OKITY
COl:JNC IL BILL NO . I 3
INTR ODUCED BY COUN IL
MEMBER OAKLEY
AN ORDIN ANCE AUT HORIZING AN INTER GOVERN MENTAL AGREEMENT ENT ITL ED
"COLO RAD O BR OWNFIELDS REVOLVIN G LOAN FUND MEMORANDUM OF
AGREEMENT AMENDMENT 3" PERTAINING TO THE COLO RAD O DR OWNF IE LDS
CLEANUP REVOLVING LOAN FUND BETWEE N THE CITY OF ENGLEWOOD.THE CITY
AND COUNTY OF DENVE R. CO MMER CE CITY . THE CITY OF LAKEWOOD, THE CITY
OF LOVELAND. THE CITY OF WESTMINSTER AND EL PAS O COUNTY COLORADO AS
WELL AS TH E CO LORADO HOUS IN G AND FINANC E AUTHORITY AND THE
COLO RADO DEPA1' TM ENT OF PUBLI C HEAL TH AND ENVIRONMENT .
WHEREAS . the Colorado Bro wnfi eld s Cleanup Revo lving Loan Fund wa s established to
facilitate the reu se and/or redevelopment of contaminated si tes by making low cos ! funding
available for financing em~ronmental cleanup s through g ,tx fr om the E11vironmental
Protection Agency: and
WHEREAS . Englewood is represented in a coalition of ' :on! Range communiti es. which v as
established 10 fin ance environmental cleanup s along the Co lora do Front Range withi n the sev:n
local government s as well as the State overall : and
WHEREAS. thi s coaliti on is compri sed of pnnicipan ts fr om Cit y of Englewood , Commerce
City. Lakewood. Love land. Westminster. El Paso County, the Co lorado Housin g and Finance
Authority. th e Co lorad o Depanment of Hea lth and Environment and th e Cit y and Count y of
Denver: and
WHEREAS. th e Co lorado Brownfield s Cleanup Revo lving Loa n Fund pre sents an opponunit y
for th e Englewood business co mmuni 1y by pro viding finan cing for environmental cleanup
acti vities: and
WHEREAS. th e Cit y Co un cil of the Ci ty of Englewood authorized the Cit y 10 enter int o an IGA
which esta bli shed th e Co lorad o Brownfields Clean up Re vo lvin g Loan Fund with th e passage of
Ordin ance Num ber 3 1 ,cries of 2000: and
WHEREAS. over th e past 10 years . the Co lorado Brownfields Clean up Revolvi ng Loan Fund
has been one of th e most successful and accompli shed Brownfie ld s Revo lvi ng Loa n Fund s in the
nati on: and
WHEREAS . the pro gra m will be ad mini stered by the Co lorad o Housin g and Fina nce Au th ority
at no direct cost 10 the Ci ty of Englewood: and
WHEREAS . Eng lewood is eli gi bl e for $500 .000 in Brownfields Clean up Revo lving Loa n Funds
which strength ens Englewood 's ability to redeve lop sites requiring en vironment al clean ~up ; and
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\VHEREAS. the passag e of thi s ordinan ce au1horizes Englewood to enter into th e Memorand um •
of Agree ment to continue Englewood 's part .c ipati on in th e Colorado Brownfie lds Cleanup
Re vo lvi ng Lo an Fund through June 30 , 2012 :
NOW. THEREFORE , BE IT ORDAINED BY THE CIT Y COUNC IL OF THE CITY OF
ENG LEWOOD . COLORADO, AS FOLLOWS :
Section I. The ··Co lora do Brownfields Re vo lvin g Loa n Fund Memorandum of Agreement
Amendment 3"" atta ched hereto as "Exhibit A." is hereby accepted and approved by th e Englewood
Cit y Co un cil.
Section 2. The Mayor is authorized to execut e d the Cit y Clerk to attest and sea l the
"Co lorado Brownfie lds Revolvi ng Loan Fund Memoran dum of Agreement Amendment 3" fo r an d
on behalf of the Cit y of Englewood , Co lorado .
Introduced, read in full , and pas sed on first readin g on th e 20th da y of April. 2009 .
Published as a Bill for an Ordinance in th e Ci ty"s offi cial news paper on the 24° da y of April ,
2009.
Publi shed as a Bill for an Ordinan ce on the Cit y"s official website beginning on the 22nd day of
April , 2009 for thirt y (30) days .
Read by tit le and pa ssed on final reading on the 4t h day of Ma y. 2009 .
Publi shed by titl e in the City 's official newspap er as Ord inance No ./_L. Stries of 2009. on
the 8th da y of Ma y. 200 9.
I. Loucrishia A. Ellis. Cit y Clerk of the Cit y of Englewood. Co lorado. hereby certi fy that th e
above and fo regoing is a tru e co py of the Ordinance passed on final reading and published by
titl e 8 3 Ordinance No./.j_, Series of,:009. 1 .t
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Purpose
COLORADO BROW 'FIELDS REVOL \/ING LOAN F ND
MEMORL\.NDUM OF AGREEMENT
Am e n d ment 3
I ntrodu ctio n
The purpoze of the Colorado Brownfields Revolving Loan Fund (CBRLF) as rep re sented! its
Board of Directors (the Board) is to facilitate the reu~e and/or redevelopment of contaminitd
sites by making low cost funding available for financing environmental cleanups . Th e funlng
for thi s endeavor is through grants from the Environmental Protection Agency.
Bro, ,ifi elds are defined as abandoned , idled, or under-utilized industrial and commercial
facilities where expansion or redeYdopment is complicated by real or perceived environmntal
contamination. A najor barrier to redeveloping Brownfields sites in Co lorado is that
contaruinated sites face not only the environmental challenge of cleanup, but also margin l
econ0mic pJtential. In the Colorado real estate mas-ket, properti es are being avoided be.:;t;e of
liab ility and cleanup cost concerns .
The Cities of Commerce Ciri•, Englewood. Lakewood , Loveland, Denver, and Westrninsw, El
Paso County, the Colorado Housi~g and Finance Authority (CHFA), and the Co lora do
Dep artment c,f Publi c Health and Environment (CDPHE) have agreed to coo perate and tocreate
the Co lorad o Brownfields Revolving Loan Fund. Th e focus of th is fund is to finance
environmentai clean ups along the Colorado From Range within the seven local govemmdlts as
well as the State overall. Each of the local governments was eligible for , applied for and••as
awarded by EPA , brownfield cleanup revo lv in g loan funds. In order to consolidate th e
admin istrative req uirements and lo poo l the avail able revolving loan funds , the CDPHE irepare c'
a coo rdin ated application 10 the EPA for funding the CBRLF. The CDPHE has also beet
awarded brownfields cleanup revolving loan funds that make the CBRLF availab le statewide.
The participating local governments have a "Right of First Use" for the funds id entified il the
a!1ached budget (see Exhibit 1) for use in their pr,!;tical j uri sdict ions. Upon completion ,f the
work plan in the EPA Grant and upon closeout of the. Coo perative Agreement, the coalition
intends 10 continue operation of the loan fund . New members may be added in the futtte by
submitting a request for membership and signing an upda1ed agrec,nent that obl igates the new
memb ers to a three year membershi p under the terms and condit ion s comained in this
Memorandum of Agreement (MOA ).
In genera l, CHF A and the other panicipants will be responsibl e fo r outreach and marketing th e
CBRLF . CHF A will provide financial expe1tise for re, iewing applications 10 the Fund , the
CDPHE will provide th e technical kn owledge needed to insure successful environmentol
cleanups ; and lo cal governments will review the applications for consistency with local planning
and developmen t plans .
This arrangement is shown graphically on Exhibil 2.
The CBRL F is envisio ned to be a sou rce of capi tal for clean up of both publ icly dnd /or privately •
held propert y.
Due to statutory limitati ons, CHFA will serve as the fis cal age nt for the CDPI ,i::, op e:ating and
servicin g loan agr eement s. Repayment of funds including any intere st and pri ncip al will be lo
the CBRLF through CHFA .
Duration
This doc ument beco mes effecti ve upon signature by the nin e (9) entities below . It will
automatical ly term;nate on June 30, 2012. It can be extenJed in three (3 ) year periods by mutual
agreement o f th e signin g parties , and can be termi nated at any time with 30 days written notice .
The participating local governments agre e to app oint a person to the Boar d of Director through
Jun e 30 ,20 12. In Apr il 2012 , the Board shall rev iew this MOA and make change s as ne cess ary,
and the participating local governments can reassu re their des ire to parti cipate.
This agreement may be arnenc dS needed by a unanimo us decis ion of the Board of Dire ctors.
BOARD OF DIRE \ WRS
Organization
The CBRLF "~II be administered thro ugh a Board of Directors as its organizati onal
entity, with members chosen from each of the participatin g citie s and co unties, CHfA, and
CDPHE. The Board will meet to discuss iss ues and make decisio ns regarding the use of th e
Fund. This MOA prescribes operating guideline s fo r the Bo ard of Directors .
Rol es and R es pon sibilities
The Board of Directors may provide ass istance with financ ial an d envi ro nmental iss ues
impacting the sale, use , reuse , and /or redevelopm ent of both publicly and privatel y he ld properry
wi thin the area where the Fund is administered . The mun ici pa l/co unty Board members are
responsible for: (1) ensuring th at projects fu nded under thi s pro gram are co nsistent with their
re spective development plan s/goals an d (2) prov iding loan fund poli cy direct ion to CHFA and
CDPHE.
1l1e Bar.rd ofDirnclors has the ul tim ate respons ibil ity for approving or denying
app lications for fund in g to the CBRLF. The CDPHE , acting as the "Lead Agency" under EPA
grants BL9881 l 6-01 , RP9889 9701 , and BF9889 9601, must assure that th e Board acti on s are in
accordance with th e term s of the coo perati ve agreements . Th e Board must not spend funds
except for their intend ed use as defin ed in the cooperative agreements and the EPA Bro wnfie lds
Cleanu1 llevolving Loan Fund Administrative Manual (OSWER, EPA 500-B-9 8.001, May
1998) lo caled via In ternet at www.e;,a.gov/Brownfields.
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• Brownficll1S Board Mcmhcrs
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Members . The Board of Directors sha ll be co mp rised of one member each from: Ci ty
and County of De ,ver, Lakewoo d, Love land , Com rr,erce City , Englcwuod, Westmi nster , El Pas o
County, CHFA an d CDPHE. Ea ch member must be authorized in writing to panicipate on the
Board and must have the authoritv to make financ ial decisions regardin g the use of these grant
fun ds for his or he r organization .
Chair . The Board .hall select a Chair wh o sha ll preside over all Board rn ettings. The
Chair shall , in consultation with oLier members of the Joard, prepare agendas an d facilitate
Board meeting s. Tne Chair may designate a member of the Board to assumt the dutie s of Chair
in their absence.
Additional Dutie s. Board members shall perform such other duties and functions as may
be required from time to time by the Board.
Vacancies . Should the office of Chair become vacant, the Board shall select a successor
at the next regular meeting or at a special meeting called for fuis purpose .
Conflict of lnteresL No member of the Board may vo te on projects where that Board
member has a direct personal financ ial interest in any contract or Brownfields Project, existing or
proposed, that may be bro ught before the Board. For purposes oftl-,i s section, "financial interest"
shal l mean a substantial interest held by a member , or member 's immediate family , such as:
• an ownershi p intere S1 in a busme ss :
• empl oym ent or prospective employment for which negotiations ha ve begun;
an ownersh ip interest in real or perso nal property ;
• a loan or other Cleb! vr interest in business or real prnp eny: or
• a directorship or officer ship in a busines s.
To the degr ee a :nember of the Board ha s a preexi sting actua l or appearance ofa conflict
of interest. he or she shal imm ediately disclose the same in ""'iting to the Board, and such
distl osure shal l be entere d upon th e Minu te s of the Board .
Chanae s in Membe rship. Membership in thi s program is expected to change ov er time.
Current members may leave while other entities may seek to join . Cu rrent members may choose
to lea ve after achieving their community's Brownfields goal s. Other entities may :,eek to join tl. J
co alition in order to be nefit from the economy of scale offered by the exi~tir,g CBRLF
infrastructure. The follow ing sections outline how mem bersh ip change s will be accommodated.
1. Exiting Members : Members seeking to le ave the CBRLF must subm it their resi gnation
req uest in writing to the Chair and must give 30 da ys noti ce. TI,e unused ponion of any
administrative fund s allocated to the Membe r will re vert to the Fund to bi used as dee me.d
appro priate by the Board . Loan monies will also re main within the Fund an <l will be
adm in istered in accordance with this MOA and the Cooperati ,,e Agreement by CDPHE.
2. New Members: New Members will be allowed to join the CBRLF after sub , itting their
reque st in wri ting to the Chair and recei ving the approval of the Board of Directors . New
members will be required to sign and abide by thi s MOA . Federal funds adde d to the CBRLF
will be managed in accorda nce with the Co ope rative Agreement , tliis MOA. and t~e CBRLF
Admi ni st:ative Man ual Any non -fed eral funds add ed to th e CBRLF will be acc ount ed for and •
managed separat ely. (Nore: porenrial new members are srrong(J' encouraged 10 discuss CBLRF
mem be rs hip wirh existing Board members prior to submilling rh eir CBRLF gra111 proposal to
EPA.)
3. Membership Eligib ility. In order to be considere d for CBRLF mem be rship, potential
members mus t have contributed to the CBLRF either: a) received an EPA CBRLF grant , orb)
received a publ ic/private source of funding equivalent to a CBLRF grant (;;-,,~imum of
$50 ,000 .0 0).
Meetings
Freauency. The Chair of the f,o ard may , when the Chair deems necessary, call a meeting
of the Board for the purpose oftransar·,ing business the Chair designates for such meeting. Such
meeting shall also be called by the (" ,air upon the request of two members of the Board for th e
purpose of transacting business the :r '.J1embers designate in the call 1or such meeting . No
meeting shall be held unless all Boru cl memb ers are given wri•• :n notice a minimum of seven (7)
days in advance .
Order of Business. At meetings of the Board, the orcier of business shall fo ll ow a written
agenda provided to the members by the Chair .
Quorum . For the nine member Bo a;·1., a quorum shall consist of six members, H least
four of which are Local Government Members. If the number of members changes , the quorum
will be redefined by the Board. A Board member must be present either in person or by •
telephone to be counted in the quorum.
In the event of a Board memb er absence , that Board member ma y send a substitute to
panicipate and vote . Additionally, votin g by written proxy will be allowe d.
Decision Makine. There are numerou s kinds of decisi ons that members of th e Board of
Directors ma y be asked to mal<e. As gt•iding prin ciples , it is th e intent of the Board to mak e
decis ions affecting more than one member, by member consensus when ever pos sibl e. In th e
event that consensus cannot be reached , a simple majority vote will decide the issue.
Mauner of Voti ng . Voting by the Board may be by acclamation or by bu llet , as 01e Chair
may designate.
Record of Decision. The outcome and reasoning beh ind Board deci sion s resulting in 01 e
approval or denial of any project funding or other expenditure shall be rer.orded tn writing and
maintained in adherence with Cooperative Agreement record keeping guidelines. Minutes of
ai1y other Board me eting or action are not req ui red; such documentation may be recorded at the
discretion of the Ch air.
Meeting Locat ion. TbE· meeting lo cation will be at the Colorado !-lousi~g a.,d Fin ance
Autl 1ority"s faci lity at 1981 Bl ukc Stree•. Denver, Co lorad o, 80202.
Term of Office. Board Memb er s v.ill serve indefrnite term s at th e pleasur e of th eir
respective management.
Public Meeting s. The Board may, from time to time , bo ld public meetings .
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Colorado Dcoartment of Publi c Hea lth and E nvironm ent
The Colorado Department of Public Health and Environment agrees to perform the following
du:ies with respect to thi s MOA :
CDPHE is the Cooperative Agreement Recipient, Le ad Agency, and Site Manager .
2. CDPHE has entered into th e cooperative agreements with the Env ironmental Pro tection
Agency (EPA ).
3. CDPHE ag;ees to make available to each member city administrative funds as identified
in Exhibi t 3 for use by the city in implementing this loan fund program.
4. CDPHE will process cleanup appl ications in accordance with Colorado's Voluntary
Cleanup an-i Redevelopment Act. Fees for VCP application review and approval are to
be paid by the applicant in accordance with the requi rements of that program.
5. CDPHE is re sponsible for assuring that all cleanups are conducted in a manner that is not
inconsistent with CERCLA and the National Contingency Plan (NCP) for non-tim e
critical remo vals .
6. CDPHE will review the Analysis of Cleanup Alternatives and write the Action
Memorandum as req uired by th e Brownfields Cleanup Revolving Loan Fund
Administrative Manual .
7. CDPHE will identify a Brownfields Site Manager for each site receiving a loan from
CHFA and conducting a cleanup under the VCP. The Site Manager will be an
environmental professional employed by th e State . The Site Manager is responsibl e for
overseeing cleanups at specific sites including field visits.
Colorado Housin g and Finance Authoritv
CHFA is under contract with the State of Colorado to act as its fiscal agent for managing and
servicing th e loan agreements. As the fiscal agent to the State, CHFA will :
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Will be respons ible for advertising and marketing the revolving loan fund under the
supervision of th e parti ci pating local government entities and the RJ.F Board of
Directors,
Will conduct th e financial portion of the loan reviews and prov ide loan underwriting and
servicing as required by this program ,
Will be respons ible for providing the participating local government entities and the
Board of .)irecto rs with an assessment on the finwicial strength of each project, prior to
final approval of the project by the RLF Board of Directors ,
Will provide closing doc uments an isburse loan funds as approp1iate to successful loan
applicants,
Will be responsible for mana ging the fu'lds in the trust accounts, and revenu es it
subseq uentl y receives as loan repayments, in accordance with th e cooperative agreement,
appli cable laws and regulations , the policies, instructions and directions of th e RLF
Board of Directors and prudent lending practices,
Will keep &.I I records for each loan made for a per iod of not less than ten(] 0) years,
Will prepare and provid e the financial portion of the EPA requ ired quarterl y rep011s to
CDPHE at least one week prior to the reportin g due .
M e mh e r C it ies a nd '.:o un ties
Member Cities and Counties agree to participate for a full three year period from the date of
signature on this MOA. Member ci ties ha ve two type s of fund s designated for the ir use. loan
and adm in istrative, as identified in Exhibit 3. Membe r Cit ies and Co unties agree to use all fun ds
received or di rect the use of fu nds in acco rdance with the terms and cond iti ons co ntai ned in the
Cooperative Agreement fro m the U.S. Environmental Protec ti on Age ncy .
D esc ript io n of F unds
Th e CBRLF is made up of three loan pool s based on the three cooperative agree men ts received
fro m EPA, B1988 1160 1, RP 9889970J, and BF988 9960 1. Each of th ese pools has di ffe rent
federal requ irements , wh ich mandate that they be managed separately. Ge neral di sc riptions of
each pool is as fo ll ows :
1. EPA Cooperati ve Ag ree ment BL98811601 is th e original co op erative agre em ent that
esta blished th e CBRL F. Loan fun ds avai labl e under thi s agree ment fo ll ow the ori gin al
EP A pilo t brownfi elds revolv ing loan fun d req ui rements. These fu nds do not require
matchin g fun ds from the borrower, and th e borrower must onl y sh ow that they did no t
caus e or contrib ute to th e contaminati on to be eligible . These funds cann ot be used for
p~tro leum contaminatio n or fo r subgrants .
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2. EPA Co operati ve Agree ment RP 988 99 701 was awarded thro ugh CERCLA Sect ion
12 8(a) State and Tribal Re sponse Prog ram. These funds require a 20% matching
payment. The borro wer must show that they performed all appro priate inq uire before •
acq uiri ng the propeny and that they are not liabl e for the cleanup under CERCLA Secti on
107. Subgrants are all owed fo r up to 40% of the fund s awarded unde r this cooperative
agreement. Su bgrants will be co nside red on a site by site basis.
3. EPA Cooperative Agreeme nt BF9889960 1 was awarde d und er CERCLA Section
I 04(k)(3). The se fund s require a 20% mat ch in g paym ent and can only be used at sites
that have petroleum contamination. The borr ower mus \ show that they performed all
appropria te inquire before acq uiring the propen y and that the y are not liable fo r the
cleanup under CERCLA Sectio n 107. Subgrants are allowed for up to 40% of the funds
awarded under thi s coo perati ve agreement. Subgrants will be co nsidered on a site by site
basis.
Signatur es
City and Co unty of Denver Cn>1unerce City
Andre Pettigrew , Director Jerry Flannery, Ci ty Manager
Office of Economic Development •
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Signatures
Colorado Brownfields Revol vin g Lonn Fund
Memorandum of Agreement, Amendment 3
City of Englewood
James K . Woodward, Mayor
City of Lovel and
Don Wil li ams , City Manager
City of Westminster
J. Brent McFall , City Manager
Co lorado Depanment of P ubli c Health
and Environment
James B. Maren, Executi ve Director
City of Lakewood
Michael J. Rock , City Manager
Colorado Hous ing an d Finance Authority
Milroy A. Alexander, Executiv e Director
El Pa -.,ounty
Jim Besbetg, Chairp erson
Board of County Commissioners, El Paso County
Attest:
Deputy Clerk, El Paso Co unty
Ex hi b it l -B u dg e t , uninia n · (as ofFcbrua rv 2009)
Ori ginal ·Grant -Non-Matched Funds (Grant# BL -988 11601)
Leao AgenGy Direct Fr;1an::1al Ass ista nce s 308 ,4 75
Lo an Fund s 4,759 ,947
Tot al Adm 1n 1stra t1ve 3udget s l1 8A2 1
Total $5,486 ,843
. '\11• .:.-\ .~C(??llti on C ,•. EPA I •' Loa ,i;~o ~lt , .. :-,-~ · · . ·.''f ' 1-'.·<" 'e ..... 'Mem ber -Award ,~ .. -... Snare .•~--;' . .,
Denver s 500,000 s 425 ,000 s
En glewood $ 500 ,000 $ 425 ,000 s
Lakewood s 35 ,\000 • 29 7,50 0 $
Loveland $ 350 ,000 $ 29 7,500 .
Commerce City s 486,84 3 s 413 ,8 17 $
We stminster $ 1,00~.ooo s 807 ,000 $
State of Colorado $ 1,000,000 $ 80 7,000 $
El Pa so Cou nty s .J00,000 s 792 ,08 $
CHF A s $ $
Su oc le.11e nta l Funds s 500 ,000 s 495,0 50 $
Total s 5,486,843 s 4,7 59,94 7 s
Snia'll ·81:1si riess Liabilty Relief .and Brownfields 'Revita'Jizafion . . Act . . . . . -. . .
20 % Match Requ ired , Adm inistrati ve Cost ·No t
Allowed ·
Hazardous Su bsta nc es Fun ds (Gra nt # RP-9 8899701)
Loan ?rocessing (CHFA)
Loan Pool
15,250
678,750
46,000
Potential Subgra n t Tota l
35 ~.50D
Loan Processing (CDPHE)
Tota l Gra nt 940,000
Petrole um & Haza rdous Substa nces Funds (Gra nt# BF-988 996 01)
Loan Pracess ,n g(CHF A) S 18 ,750
Pe tro leum Loan Poo l S 873 ,750 S
Hazard ous Loan Pool $ 1,250,000 S
Loan Proces sing (CDHPE) $ 45,000
Tota l Grant $ 2,187,500
349 ,500
50 0,000
Total Lo an Pool 7,7 62,447 (i ncludi ng match)
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50,,
87%
8%
Admln .,
Budae.l ' 20,000
20 ,000
14 ,000
14 ,000
6 ,842
4 0,000
10,500
293 ,079
418 ,421
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Exhibit 2 -Colurado Brownfields Rev olving Loan Process Flow Chart Fund
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CO Dept of Pub li c He alth
& Env ironme nt
Vol unt ary Clean-u p Program
Receives Appl icatio n
Local Govern men ts
Re vie ws Project
Proj ect Cons isten t wit h
City Develo pm ent Pl an
Colo rad o Bro wnfields Revol vi ng Loan Fun d . -+ De cl ined with
I 11111.,r nf R ,.i•r.tinn
Board of Directo rs
Conduct in ttial loan app licatio n screen ing I /
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CO Dept of Pub lic Health
& Envi ronment Approved
Vo lunt ary Cle an-up Program -
Review & App roval
l
Colorado Housing
and Fina nce Authority
Fin an ci al Review
l
$$$$ ----
Declined with
Co lorado Bro wniields Revolv ing Lo an Fu nd
Bo ard of Direc tors
t .. 11,., nfA•IArJinn Fin al loa n approval
! Approved
Colorado Housing
and Fi n an ce Authori ty
Issue Loan
Repa y
Loa n
CO Dept of Pu blic Health &
Envi ronmen t
Site Ma nage r
-+ Redev elop ment
Ex hibit 3-Local Gove rnm ent Ad mini st rati ve Fun ds •
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Denver $500,000 $425,000 $19,68:.00
Englewood $500,000 $425 ,000 sio ,ooo $12,72 1.24
Lake wood $3 50,0 00 $297,000 $1 4,000 $14 ,000
Loveland $350,000 $297 ,000 $14 ,000 $14,000
Commerce City $486,843 $413,817 $6,842 $6 ,842
We stm inster $1,000,000 $807 ,000 $40,000 $0
El Paso Co unty $800 ,000 $8 00 ,000 0 0 •
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COUNCIL COMMUNICATION
Date : Agenda Item : Subject :
April 20, 2009 11 a i Bill for Ordinance enterin g into a Memorandum of
Agreement for participati o n in th e Colorado
Brownfield s Clea nup Revol ving Loa n Fund
Initiated By: Staff Source :
Community D eve lo pmeo t D epartm ent Darren H o llin gsworth
Econo mic D eve lopment Coordin ator
COUNCIL GOAL AND PREVIOUS COUN CIL ACTION
In 1999, Council entered into a Memorandum of Ag re ement (M OA), w hich created th e Colo rad o
Brownfields Cl ea nup Revolving Loan Fund (BCRLF ).
In 200;, Co uncil ap pr oved the extensi on of the MOA for participation in the BCRLF until Jun e 3()
2005.
RECOMMENDED ACTION
The attached bill for an o rdinance approves a Memo randum of Agree ment to continue
Englewood 's participation in th e Colorado Brownfields Ceanup Revolving Loa n Fund throu gh Jun e
30, 20 12.
BACKGROUND
O ver th e past 1 O years, th e Colo rad o Bro w nfields Clea nup Revo lv ing Loa n Fund has b ee n one of
th e m ost successful and accomplished Brownfi eld s revolvin g loa n funds in th e nati o n. In 1999,
Engl ewood entered into a cooperative partn ership to fo rm th e Co lo rad o Br ownfi elds Cleanup
Revolv ing Loa n Fund w ith th e ci ti es of D enver, Lak ewood, Loveland, Comm erce City, Westminster
and El Pa so C o unty alo ng w ith Co lo rado H ousi ng and Finan ce Au th o ritv, and th e Colorado
D epartment of Pu ~li c H ealth and En vi , onm ent. A represe ntative fro m eacl, of th ese enliliP s w ill
participate o n th e Board of Direc tors fo r th e Colo rad o Brow nfi elds Clea nup Revolvin g Loa n Fund .
Thi s d esig nee shall be ap p o inted by th e Ci ty 111.ana ger.
It is adva nta geous fo r Engle wood l o have th is red eve lopm ent tool ava ila ble f"r use br pro perty
ow ners needing funds fo r remova l, miti ga ti on and pr eve nti on oi th e release of hala rd ous
subst ances, pollutants o r contaminants into th e enviro nment. Th e Colo rad o BCR LF is a useful tool
in implementing Englewood's econo mic :fevelopm en t and co mmunity rev italiza ti on str ateg ie s.
Englewood has made direc t us e of this program by borrowing funds fr o m th e Co lo rad o BCR LF for
th e envi ronm ental cl ean up necessary to support th e Ce nten ni al Park expa nsion. Without th ese
fu n ds, th e pa rk expansio n would likely not have been possible .
FINANCIAL IMPACT
Th is program will be administered by th e Colorado Housing and Fina nce Au th ority at no direct cos t
to th e Ci ty. Th e City of Engle wood is eligi ble fo r $500,000 i n Br ownfields Clea nup Revolving Loa n
Fund. Each of th e o th er participatin g citi es w il l als o ha ve access to thei r share of th e total p ool of
$3 .9 million.
LIST OF ATTACHMENTS
Bill for an Ordinance enterin g into a Memorandum of Agreement
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