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HomeMy WebLinkAboutCity Council Agenda Packet 07/08/20136:45 – Pre-Meeting CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING July 8, 2013 7:00 p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Administrative Services Director, at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF June 24, 2013 PROCLAMATIONS AND CEREMONIES Police Department Citizen Award Presentation – Jason Neely 2014 Budget Public meeting providing the first opportunity for public input on the 2014 Budget CITIZENS’ RIGHT TO SPEAK a. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 Minutes and sign the Public Comment Roster. b. Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be heard. APPROVAL OF AGENDA PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 1. Council Bill No. 09-2013 – An Ordinance reappointing Presiding Municipal Judge Christopher Randall, increasing his hourly compensation and approving a Presiding Municipal Judge Services Agreement. 2. Resolution No. 23-2013 – A Resolution approving a Two-Lot Subdivision Plat with a Right-of-Way Dedication for property zoned Residential-Three (R-3) and Neighborhood Commercial (NC) located at 5801 W. 38th Avenue/4000 Fenton Court (Case No. MS-13- 02/Incarnation) CITY COUNCIL AGENDA: July 8, 2013 Page -2- 3. Resolution No. 22-2013 – A Resolution approving a 48-Lot Subdivision Plat with Right- of-Way Dedications for Property Zoned Planned Residential Development (PRD) Located at 11885 W. 38th Avenue (Case No. WS-13-01/Doud Overlook) DECISIONS, RESOLUTIONS AND MOTIONS 4. Resolution No. 24-2013 – A Resolution amending the Fiscal Year 2013 Capital Investment Program Budget to reflect the approval of a Supplemental Budget Appropriation in the Amount of $49,905 to fund the 38th Avenue Streetscape Concept Design and awarding the contract to Entelechy, Denver, CO, for a not-to-exceed amount of $49,905. 5. Motion to Ratify Mayoral Appointment to the Housing Authority. CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ADJOURNMENT CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING June 24, 2013 Mayor DiTullio called the Regular City Council Meeting to order at 7:00 p.m. ROLL CALL OF MEMBERS Joyce Jay Mike Stites Davis Reinhart Bud Starker Joseph DeMott Kristi Davis Tracy Langworthy George Pond Also present: City Clerk, Janelle Shaver; City Treasurer, Larry Schulz; City Attorney, Gerald Dahl; City Manager, Patrick Goff; Police Chief, Daniel Brennan; Public Works Director, Tim Paranto; other staff, guests and interested citizens. APPROVAL OF MINUTES OF June 10, 2013 Motion by Councilmember Stites for approval of the Minutes of June 10, 2013; seconded by Councilmember Starker; carried 7-0-1, with Mr. Pond abstaining. PROCLAMATIONS AND CEREMONIES Mayor DiTullio read a proclamation for the “Brake for Bela” Summer Safe Driving Awareness Campaign. The proclamation was received by Jimmy Luthye of Communication Infrastructure Group, the company that started the campaign in 2011 after one of their employee’s daughters was hit by a car and severely injured. He encouraged safe neighborhood driving and encouraged parents to teach their children about safe pedestrian behavior. Mayor DiTullio made an announcement to address the volume of calls that have come in about the dying grass and trees at Discovery Park. He announced: • The irrigation pumping system and trees are under warranty. The sod and trees are now being watered twice a week in compliance with drought restrictions by Consolidated Mutual Water. • The splash park is considered a pool and does not fall under restrictions. Children can operate it by pushing the button. • New trees were planted by the contractor to replace those lost last year. • Staff is hand -watering the trees until the irrigation pump is repaired. • The grass will be fertilized and treated for weed control this fall per schedule. The grass is expected to recover and is now under a regular watering schedule. • If you have questions you can contact the Parks Department. CITIZENS’ RIGHT TO SPEAK Sue Schafer, representative for House District 24, reported that Mayor DiTullio received an award from the legislature for all the work he’s done for special education in his job at the high school and with the City. She will be working in the upcoming legislative session to find more funding for special education. ~ She thanked the Council for all the economic development they are supporting in the city, mentioned that the streets in Paramount Heights need paving, and said that Colorado’s economy is looking up. APPROVAL OF AGENDA PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 1. Resolution 19-2013 – A Resolution authorizing the execution of an agreement with Seniors’ Resource Center to participate in the Wheat Ridge Business Development Zone Program for a rebate of 100% of the eligible City fees, charges and taxes in association with the Site Improvements to 3227 Chase St. Mayor DiTullio opened the public hearing. Councilmember Reinhart introduced Resolution 19-2013 This construction project is estimated to generate $17,000 in use tax, and $5,070 in permit and plan review fees and taxes. The improvements will increase energy efficiency, create more efficient work spaces for several departments (transportation, in- home care, care management, and community marketing), and increase the space for new volunteer positions that will provide new services and ultimately increase services by 25%. Maximum rebate from the City will be $23,070. Mr. Goff noted that this request meets all the criteria but one – that being the future generation of sales tax. However, staff predicts there will be spillover sales tax. The BDZ allows for acceptance (when all criteria aren’t met) with a ¾ vote of Council. Mayor DiTullio closed the public hearing. Motion by Councilmember Reinhart to approve Resolution No. 19-2013, a resolution authorizing the execution of an agreement with Seniors’ Resource Center to participate in the Wheat Ridge Business Development Zone Program for a rebate of 100% of the eligible City fees, charges and taxes in association with the improvements to 3227 Chase Street in Wheat Ridge; seconded by Councilmember Langworthy; carried 8-0. ORDINANCES ON FIRST READING 2. Council Bill No. 09-2013 – An Ordinance reappointing Presiding Municipal Judge Christopher Randall, increasing his hourly compensation and approving a Presiding Municipal Judge Services Agreement. Councilmember DeMott introduced Council Bill 09-2013 The current two year term of Presiding Judge Christopher Randall expires July 1, 2013. His compensation since 2007 has been $87.15 per hour. He has requested a 5% increase to $91.51 per hour. Motion by Councilmember DeMott to approve Council Bill No. 09-2013, an ordinance reappointing Presiding Municipal Judge Christopher Randall, increasing his hourly compensation and approving a presiding municipal judge services agreement, on first reading, order it published, public hearing set for Monday, July 8, 2013 at 7:00 p.m. in City Council Chambers, and that it take effect upon adoption at second reading, as permitted by the Charter; seconded by Councilmembers Reinhart and Stites; carried 8- 0. DECISIONS, RESOLUTIONS, AND MOTIONS 3. Motion to grant two Utility Easements to the Public Service Company of Colorado to facilitate undergrounding electric lines along Kipling Street from 32nd to 35th Ave. Councilmember Pond introduced Agenda Item #3 To facilitate the undergrounding of electric lines from 32nd Avenue to 35th Avenue the City must provide Public Service (Xcel) two utility easements outside of the street rights- of-way: 1) at the detention pond by Rocky Mountain Ditch, and 2) at the northeast corner of 35th & Kipling (at Discovery Park). Motion by Councilmember Pond to grant two utility easements to the Public Service Company of Colorado to facilitate undergrounding electric lines along Kipling Street from 32nd to 35th Avenue; seconded by Councilmember Stites; carried 7-1, with Mr. DeMott voting no. 4. Motion to approve award of ITB-13-05, Bus Bench Purchase and Installation Project to KECI Colorado, Inc., Sedalia, Co., in the contract amount of $151,170 and to approve a contingency amount of $15,117 Councilmember Stites introduced Agenda Item #4 The City was awarded a Colorado Department of Transportation (CDOT) Funding Advancements for Surface Transportation and Economic Recovery (FASTER) grant in September, 2011 to install 38 bus benches at selected locations throughout the City. The project includes purchase and installation of bus benches and trash receptacles. CDOT will administer the project’s state funding, while the City will manage the purchase and installation of the bus benches. Motion by Councilmember Stites to award ITB-13-05, Bus Bench Purchase and Installation Project to KECI Colorado, Inc., Sedalia, CO, in the amount of $151,170, with a contingency amount of $15,117 and that the Director of Public Works be authorized to issue change orders up to a total contract and contingency amount of $166,287; Seconded by Councilmember Pond ; carried 8-0. 5. Consideration of Mayor’s Veto: Council Bill No. 08-2013 – An Ordinance amending the penalties for violating Sections 1203 and 1208 of the Model Traffic Code for Colorado, as adopted by the City, concerning the parking of major vehicles and parking privileges for persons with disabilities, respectively, and making conforming amendments to Section 13-2 of the Wheat Ridge Code of Laws. Councilmember Reinhart introduced Agenda Item #5. On June 10, the Council adopted Ordinance 1538 on second reading, after amending it to reduce the fine to one hundred fifty dollars ($150.00) for violations of Section 1208 (Parking Privileges for Persons with Disabilities). On June 11, the Mayor vetoed the ordinance. The Mayor’s veto may be overridden only by a ¾ vote of the entire Council at the next regular meeting (June 24). Motion by Councilmember Reinhart to override the Mayor’s veto of Council Bill No. 08- 2013, an ordinance amending the penalties for violating sections 1203 and 1208 of the Model Traffic Code for Colorado, as adopted by the City, concerning the parking of major vehicles and parking privileges for persons with disabilities, respectively, and making conforming amendments to Section 13-2 of the Wheat Ridge Code of Laws, as said ordinance was adopted, with amendments, on June 10, 2013; seconded by Councilmember Starker; Christy Mangold, a disabled, new resident to WR noted that she was active in Nebraska where raising the fine for illegal parking in handicapped spaces greatly decreased violations. This is a very worthy cause and she encouraged Council to stick with the higher fee as it is a great deterrent. Gina Robinson, from the Colorado Advisory Council for Persons with Disabilities, spoke on behalf of the disabled community. She thanked Council for their deliberation last fall and approving a higher penalty. She noted how easy it is to purchase fake handicapped placards on the internet. She encouraged Council not to lower the deterrent. Nancy Snow asked Council to vote against the override. It’s not a traffic issue; it’s a civil rights issue. She was proud of Council when they approved the state fees. Now she is not so proud of the Council. She encouraged them not to lower the fine. Tom Abbott encouraged the Council to uphold the Mayor’s veto. Handicapped parking is there for a reason and should be respected. He doesn’t think handicapped fines would be that big of a burden to the court. We should send the message that Wheat Ridge takes handicapped parking seriously. City Attorney Dahl explained the options for Council to address the veto, including reconsideration/amendment of the ordinance, if the veto were to be overridden. The motion to override the veto carried 7-1, with Mr. Stites voting no. Motion by Mr. DeMott to reconsider Council Bill 08-2013; second by Ms. Davis and Mrs. Jay; carried 8-0. Motion by Mr. DeMott to approve Council Bill 08-2013; second by Mr. Reinhart. Motion by Mrs. Jay to amend Section 2 of handicapped parking to a fine of $225; seconded by Mr. Pond; Motion by Mr. Stites to amend the amendment to $295; failed for lack of a second. The motion to amend the fine to $225 carried 8-0. Main motion carried 8-0 6. Motion to Cancel the Study Session of July 1, 2013 Councilmember Starker introduced Agenda Item #6. At this time there are no time-sensitive items listed for the July 1, 2013 Study Session and staff recommends cancellation of the July 1, 2013 Study Session. Motion by Councilmember Starker to cancel the City Council Study Session scheduled for July 1, 2013; seconded by Councilmember DeMott; carried 8-0. CITY MANAGER’S MATTERS Mr. Goff reported that he and Mr. Reinhart met with Xcel last week to discuss contract language. It appears the issue about the banners is near a resolution. CITY ATTORNEY’S MATTERS CITY CLERK’S MATTERS ELECTED OFFICIALS’ MATTERS Mayor DiTullio apologized to Mrs. Langworthy for his harsh words at the last meeting regarding the handicapped parking. It’s something about which he is passionate. ~ He also read the text of a phone call that will be going out to all residents reminding them that all fireworks are illegal in Wheat Ridge. Bud Starker wished all a happy and safe 4th. George Pond is aware of the street issue in Paramount Heights that Rep. Schafer mentioned. ~ He wished everyone a happy 4th of July. Joyce Jay has had reports of folks getting phone calls soliciting donations. She recommended that people ask for paperwork on the organizations. Tracy Langworthy noted Performances in the Park starts on July 3. ~ She expressed a need to address the larger issue of the needs of handicapped and aging citizens. She received a consensus for a future study session topic to discuss creating a task force on this issue. Mike Stites reminded everyone that the Carnation Festival is coming up the 3rd weekend in August and encouraged businesses on 38th to clean up their parking lots. ~ He’s heard some alarming stories of people in need and asked people to check with their neighbors to see if they need food. Meeting adjourned at 8:03 pm. _____________________________ Janelle Shaver, City Clerk APPROVED BY CITY COUNCIL ON July 8, 2013 BY A VOTE OF ____ to ____ Davis Reinhart, Mayor pro tem The preceding Minutes were prepared according to §47 of Robert’s Rules of Order, i.e. they contain a record of what was done at the meeting, not what was said by the members. Recordings and DVD’s of the meetings are available for listening or viewing in the City Clerk’s Office, as well as copies of Ordinances and Resolutions. Council Action Form July 8, 2013 Page2 RECOMMENDED MOTION: "I move to approve Council Bill No. 09-2013, an ordinance reappointing Presiding Municipal Judge Christopher Randall, increasing his hourly compensation and approving a presiding municipal judge services agreement, on second reading , and that it take effect upon adoption at second reading, as permitted by the Charter." REPORT PREPARED BY: Gerald Dahl, City Attorney ATTACHMENTS: 1. Council Bill No. 09-2013 2. Memorandum from Judge Randall 3 . Municipal Judge Services Agreement CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STITES COUNCIL BILL NO. 09 ORDINANCE NO. __ _ Series of 2013 TITLE: AN ORDINANCE REAPPOINTING PRESIDING MUNICIPAL JUDGE CHRISTOPHER RANDALL, INCREASING HIS COMPENSATION AND APPROVING A PRESIDING MUNICIPAL JUDGE SERVICES AGREEMENT WHEREAS, the current presiding municipal judge, Christopher Randall was reappointed effective July 1, 2011 for a two-year term expiring on July 1, 2013; and WHEREAS, the Judge has continued to serve since that date; and WHEREAS, pursuant to Charter Section 8 .3, the City Council shall appoint all judges for a term of two (2) years; and WHEREAS, Judge Randall has requested reappointment at the end of his current term, as well as an increase in his hourly rate as provided for in the Presiding Municipal Judge Services Agreement (the "Agreement"); and WHEREAS, the Council wishes to reappoint Judge Randall, and to approve an increase in his compensation and other changes to the Agreement; and WHEREAS, Charter Section 8.5 requires the Council to set the Judge's compensation by ordinance. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Pursuant to Sections 8.3 and 8.5 of the Home Rule Charter, Presiding Municipal Judge Christopher Randall is hereby reappointed for a term of two (2) years, expiring on July 1, 2015. The Presiding Judge's compensation shall be $91.51 per hour. The remainder of the terms and conditions of the Presiding Judge's employment shall be as set forth in the Presiding Municipal Judge Services Agreement , effective as of July 1, 2013, attached hereto and incorporated herein by this reference. Section 2. Severability; Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Attachment 1 Section 3. Effective Date. This Ordinance shall take effect upon adoption at second reading, as permitted by the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 24th day of June, 2013, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for July 8, 2013, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge , Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this 8th day of July, 2013 . SIGNED by the Mayor on this ____ day of June, 2013. ATIEST: Janelle Shaver, City Clerk First Publication: June 27, 2013 Second Publication: Wheat Ridge Transcript Effective Date : Jerry DiTullio, Mayor Approved As To Form Gerald E. Dahl, City Attorney ~II. A~ ... r City of AfP!;WheatRi_dge ~MUNICIPAL COURT Memorandum TO: Mayor and City Council FROM: Christopher D Randall DATE: June 24 , 2013 SUBJECT: Presiding Judge & Department Director Contract Renewal BACKGROUND I began as Presiding Judge and Department Director in 2002 and have been in that position continuously for eleven years. I am requesting renewal of the current two-year contract that ends July 1, 2013 , and an increase the contract hourly rate. I would be glad to attend a study session to review this memorandum and the proposed contract. COURT The Colorado Constitution provides for the creation of a municipal court. Wheat Ridge Municipal Court is a court of record that handles a wide variety of mostly criminal matters . Appeals are taken to the Jefferson County District Court. A City ordinance states that the municipal court shall be presided over by a Presiding Judge. Court is in session on Mondays , Wednesdays , and Thursdays , so there are approximately 150 court-sessions per year. I work on non-court days as necessary for meetings , training , seminars, and to address court business . QUALIFICATIONS I have been licensed as an attorney in Colorado since 1987. I became an administrative law judge in 1991 and began judging in municipal court in 1992. Wheat Ridge City Council first appointed me as the Presiding Judge and Department Director in 2002 . I have lived in and currently live close to the City. PHILOSOPHY I support the Constitution of the United States and the Constitution of the State and the laws and ordinances of the City. The court rules require that municipal court provide for the just determination of all ordinance violations. By court rule, procedure is to be simple; the court administered fairly ; and unjustifiable expense and delay eliminated. The court considers each case separately, and provides thorough , practical , and professional case management. The judiciary is independent of and acts as a check and balance on the executive and legislative branches of government. In this regard , a healthy government maintains an independent Attachment 2 judiciary. SENTENCING The traditional purposes of sentencing are as follows: to punish , assure fair treatment, assure consistent treatment, deter crime, promote respect for the law , promote rehabilitation , address the offender 's individual characteristics , reduce the potential that the offender will reoffend , promote responsibility and accountability, provide restoration and healing for victims and the community, address what are called criminogenic risk and needs , and , where appropriate employ restorative justice practices. DEPARTMENT DIRECTOR The Presiding Judge in Wheat Ridge is also the Department Director of the court . This expands upon the customary Presiding Judge duties . The Department Director responsibilities require that not only in addition to sitting on the bench three days a week , that the Director addresses administrati ve, operational , personnel , budget , security, legal , and purchasing issues. WHEAT RIDGE MUNICIPAL COURT Wheat Ridge is a somewhat unique city from a municipal court perspective. It is surrounded by and has traversing through it several major thoroughfares. This leads to a robust traffic docket and the entry of individuals from several surrounding jurisdictions. Due to the amount of retail business in Wheat Ridge , there are a significant number of theft summonses. Certain locations in the City attract a diverse and challenging population . This City's Court addresses domestic violence cases , which is somewhat unique for municipal courts. The Court sees in-custody defendants (prisoners) on a weekly basis. This City sentences to probation and therefore has a probation department. There are two court marshals for court security and prisoner transport. There is an active juvenile docket. The adult docket is significant and features individuals with lengthy and/or violent criminal histories. ACCOMPLISHMENTS (Note: None of these accomplishments would have been possible without the assistance of the court administrator, court staff, or city staff.) CITY (NON-COURT) ORIENTED ACHIEVEMENTS Facilitator for Priority Based Budgeting scoring team Fine-tune, improve, and promote Performance Management Program Participate in Mt. States Employers Council salary analysis program Instructor with Wheat Ridge Civic Academy Instructor with Citizen 's Police Academy Presenter to the Foothills Animal Shelter staff regarding court function and process Weekly Executive Management Team meetings Presenter at annual Employee Recognition Ceremonies Attend quarterly meetings of Jefferson County municipal court judges Support, advocate for, and follow the ACTION core values Participate in and promote the Give-A-Wow program Attend various City and community functions COURT-ORIENTED ACHIEVEMENTS Develop Priority Based Budgeting court program Fine-tune, improve, and promote court staff goals and objectives portion of the Performance Management Program Develop criteria, screen for, interview, and hire court staff Modify and advance the annual budget Upgrade and enhance the audio-visual communication system between court and the Jefferson County jail Contract with the Colorado Department of Labor to be able to access data bases to verify information provided by defendants applying for fee waivers, payment plans, or court appointed counsel Coach and mentor staff Review a high volume of motions and correspondence and issue applicable responses or orders Improve court security with purchase of X-ray machine Review effectiveness of and re-issue contract with G4S security guard service Improve court security with increased court marshal presence Expand court marshal duties Expand probation officer duties Streamline customer movement in and out of court Examine realignment of doors and security to increase flow and protection Improve and add flexibility to bail bond process Develop court forms to improve accuracy and efficiency, particularly sentencing forms Individualize sentencing Attend seminars on sentencing and reducing recidivism Address (Court) Culture Survey weaknesses Work with Jefferson County Commissioners jail committee to reduce jail population Moderate and attend monthly court staff meetings Attend bi-annual Colorado Municipal Court Judges Association conferences BOARD MEMBERSHIPS Board of Trustees for the First Judicial District Bar Association Board of Directors and Vice President of the Colorado Municipal Judges Association Recently elected to First Judicial District Bar Association Board of Governors INTERNAL RECOGNITION I have received several what care called "Give-A-Wow" awards. These recognize employees for contributions to the ACTION core values of accountability, change, teamwork, integrity, opportunity, and now! HOURLY WAGE INCREASE City employees recently received a one-time direct salary payment. The new pay for performance plan will award annual pay increases for worthy employees. I have received one hourly increase in my tenure here and that occurred in 2007. Thus there has not been an hourly pay increase in six years . The current hourly rate is $87.15 per hour. The court is sound, has done well , and is operating smoothly. With staffs help , there have been numerous and significant accomplishments. Therefore, I am requesting a 5% increase to $91.51 per hour for the next contract (two-year) period . CONCLUSION I request reappointment and would be honored to continue to sit as the Presiding Judge and to act as the Department Director for the Wheat Ridge Municipal Court. CHRISTOPHER D RANDALL June 24, 2013 CITY OF WHEAT RIDGE PRESIDING MUNICIPAL JUDGE SERVICES AGREEMENT THIS PRESIDING MUNICIPAL JUDGE SERVICES AGREEMENT is entered into and effective as of the 1st day of July 2013 ("Effective Date"), by and between the CITY OF WHEAT RIDGE, COLORADO (the "City") and CHRISTOPHER D. RANDALL, ("Presiding Judge "), together referred to herein as the "Parties ." In consideration of the mutual promises and covenants contained herein, the Parties agree as follows : ARTICLE 1 -SERVICES Pursuant to Chapter VIII of the Wheat Ridge Home Rule Charter (the "Charter"), Presiding Judge shall have the following duties: A. Ensure the presence of a municipal judge at all Wheat Ridge Municipal Court ("Municipal Court") cases , by either presiding over such cases personally or by scheduling an Associate Judge to hear such case(s) and by establishing an on-call municipal judge schedule; B. Formulate and amend the local rules of the Municipal Court with the approval of the Colorado Supreme Court; C. Supervise the Associate Judges, if any, and all Municipal Court personnel ; serve as Department Head for the Municipal Court staff; attend Department Director meetings , in person or by designee, and meetings with the City Manager, City Attorney and City Council as needed; and D. Submit a yearly budget request to the Wheat Ridge City Council for the proper functioning of the Municipal Court. ARTICLE 2 -QUALIFICATIONS The Presiding Judge shall continuously maintain the following qualifications: A. Licensed to practice law in all Colorado courts , including the U.S . District Court for the District of Colorado; and B. Resident within 40 miles of the Wheat Ridge Municipal Court. ARTICLE 3 -TERM; TERMINATION Pursuant to Section 8.3 of the Charter, this Agreement shall be for a two (2) year term , ending on July 1, 2015. This Agreement may be terminated for any of the reasons enumerated in Section 8 .3 of the Charter. ARTICLE 4-PAYMENT AND FEE SCHEDULE The Parties agree that Presiding Judge shall be compensated at $91 .51 per hour for services rendered under this Agreement. Presiding Judge may also be compensated for reimbursable expenses properly invoiced to the City as set forth below . For purposes of this Agreement, "reimbursable expenses" shall mean those expenses directly incurred by Presiding WR Muni Judge Contract -Randall Attachment 3 Judge in the performance of his duties under this Agreement, including mileage and trave l expense. A. Invoices . Presiding Judge shall submit bi-weekly timesheets to the City for services rendered and reimbursable expenses . Payment will be made within twenty-five (25) days of receipt of the invoice by mailing payment to an address designated by Presid ing Judge. B. Funding This Agreement is specifically subject to the provisions of Section 2-3(c) of the Code of Laws of the City of Wheat Ridge, which limits the amount for which the City shall be liable to the amount expressly appropriated by the City Council , either through budgeted appropriation , or contract or bid appointment. The Parties further recognize and agree that the C ity , as a political subdivision of the State of Colorado, is subject to the Constitution and laws of the State of Colorado. Notwithstanding any provis ion of this Agreement to the contrary , the obligation of the City to make payment to Presiding Judge is expressly subject to annual appropriations by the City of funds for the next ensuing budget year . ARTICLE 5-INDEPENDENT CONTRACTOR; INSURANCE AND BENEFITS A. This Agreement is one for independent contractor services . Neither Presiding Judge , nor any employee or agent of Presiding Judge , shall be considered an employee of the City for purposes of any federal or state law . Notwithstanding the fact that Presiding Judge is compensated as an independent contractor , pursuant to the Colorado Governmental Immunity Act , §§ 24-10-101 et seq., C.R.S ., he is considered an appointed official of the City ent itled to any and all benefits of law pertaining to judicial or sovereign immunity and to coverage by the City's insurance appl icable to persons holding such a position for claims brought against him in his official capacity or arising our of his performance of his official duties as described herein . B. Presiding Judge shall be eligible to participate in the following insurance and benefit programs available to City employees , at a pro -rated level equal to the average number of hours of work per week performed by the Presid ing Judge , which for purposes of this Agreement, the Parties agree shall be twenty-five (25) hours per week : short term disability; long term disabil ity ; worker's compensation ; group term life insurance ; employee assistance plan ; ret irement plan ; official holidays ; personal time off leave ; extended sick leave ; jury duty pay ; employee recreation program benefit ; Kaiser Permanente HMO ; Delta Dental ; RPS section 125 cafeteria plan ; and Eye-Med vision . The City agrees to pay the applicable premium for the rate level, consistent with the City insurance plan as amended from time to time . For all such insurance and benefit programs , to the extent the programs or any of their features are altered , amended or eliminated with respect to all eligible City employees , such alteration, amendment or elimination shall also apply to Presid ing Judge in the same manner. C . Presiding Judge warrants that he has not employed or retained any company or person , other than a bona f ide employee working solely for him, to solicit or secure this Agreement , and that he has not paid or agreed to pay any company or person , other than bona fide employees work ing solely for Presiding Judge , any commission , percentage , brokerage fee , gifts , or any other cons ideration , contingent upon or resulting from the appointment or making of this Agreement. For breach or violation of this warranty , the City will have the right to annul this WR MuniCourt!MuniJudgeContract-Randall -2- Agreement without liability, or in its d iscretion to deduct from the Agreement price or consideration , or otherwise recover the full amount of such fee , commission, percentage, brokerage fee , gift, or contingent fee. ARTICLE 6-CHARTER, LAWS AND ORDINANCES Presiding Judge shall at all times during the performance of this Agreement , strictly adhere to all applicable federal, state and local laws , rules, regulations , and ordinances that affect or govern the work as herein contemplated . ARTICLE 7-EQUAL EMPLOYMENT OPPORTUNITY The Presiding Judge shall not discriminate against any employee or appl icant for employment because of age , race, color, religion , sex , or national origin . The Presiding Judge shall adhere to acceptable affirmative action guidelines in selecting employees and shall ensure that employees are treated equally during employment, without regard to their age , race , color, religion , sex or national origin . Such action shall include , but not be limited to the following : employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination , rates of pay or other forms of compensation, and selection for training , including apprenticeship . ARTICLE 8-LAW AND VENUE The laws of the State of Colorado shall govern as to the interpretation, validity, and effect of this Agreement. The Parties agree that venue and jurisdiction for disputes regarding any aspect of this Agreement is proper and exclusive with the District Court of Jefferson County, Colorado . ARTICLE 9 -NOTICES Any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified mail or registered mail, postage and fees prepaid , addressed to the party to whom such notice is to be given at the address set forth below . Such notice shall be deemed to have been given when deposited in the United States Mail. If to the City: With a copy to: If to Presiding Judge: City Manager 7500 W 29th Avenue Wheat Ridge , CO 80215 Fax : (303) 234-5924 City Attorney 7500 W 29t h Avenue Wheat Ridge , CO 80215 Fax : (303) 234-5924 Christopher D. Randall , Esq . P.O . Box 280911 Lakewood , CO 80228 -0911 Fax (303) 980-1721 WR MuniC oun/MuniJudgeCo ntra ct-Randall -3- ARTICLE 10-ASSIGNMENT AND SUBCONTRACTORS The duties and obligations of Presiding Judge may not be assigned , delegated , or subcontracted except with the express written consent of the City. ARTICLE 11-SEVERABILITY To the extent that the Agreement may be executed and performance of the obligations of the Parties may be accomplished within the intent of the Agreement , the terms of th is Agreement are severable , and should any term or provision hereof be declared invalid or become inoperative for any reason , such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term , or the same term upon subsequent breach . ARTICLE 12 -INTEGRATION OF UNDERSTANDINGS This Agreement is intended as the complete integration of all understandings between the Parties. No prior or contemporaneous addition , deletion , or other amendment hereto shall have any force and effect whatsoever , unless embodied here in in writing . No subsequent novation , renewal , addition , deletion , or other amendment hereto shall have any force or effect un less embodied in writing and signed by Presiding Judge and an authorized representative of the City . ARTICLE 13-AMENDMENTS The City may, from time to time , require changes in the scope of services of the Presid ing Judge to be performed herein. Such changes , including any increase or decrease in the amount of the Judge 's compensation , must be mutually agreed upon in writing by the City and the Presiding Judge, as an amendment to th is agreement. IN WITNESS WHEREOF , the Part ies have executed this Agreement in two (2) copies , each of which shall be deemed an original, as of the day and year first written above . ATTEST : CITY OF WHEAT RIDGE, COLORADO Janelle Shaver, City Clerk By : Jerry DiTullio , Mayor (Seal) APPROVED AS TO FORM : Gerald E. Dahl , City Attorney PRESIDING JUDGE Christopher D. Randall WR MuniCoun/MuniJudgeContract-Randall -4- Council Action Form July8,2013 Page 2 r FINANCIAL IMPACT: Fees in the amount of $2,690 were collected for the review and processing of Case Nos. W A-13- 05 (setback variances), PBG-13-01 (Planned building group site plan) and MS-13-02 (subdivision plat). BACKGROUND: The property is located at 5801 W. 38th Avenue and is zoned primarily Residential-Three (R-3) which is described as a medium to high density zoning district. The property is a flag lot , with a narrow strip of land connecting the parcel toW. 38th Avenue; this narrow strip, referred to as the "pole," is 16.5 feet wide and extends nearly 650 feet. The southern half of the pole is zoned Neighborhood-Commercial (NC). The main portion of the lot is located at Fenton Court and W. 39th Place, both extended , and has an area of approximately 2.26 acres. Including the pole portion, the entire lot is about 2.5 acres in size. Historically, the site was used for growing carnations. Two accessory structures on the western half of the lot were recently demolished. A fannhouse is located in the northeast comer of the property which will be incorporated into the development. Based on Jefferson County assessor records, the house was originally constructed in 1877. Access onto the property for the greenhouse use was gained from 38th Avenue through the pole. The property is embedded in a residential neighborhood. To the north , south , and west are parcels zoned R-3 with single and two-family homes and several multi-family apartment buildings to the northwest. To the east are parcels zoned R-1 A with single-family homes on large lots. Proposed plat The proposed plat document is comprised of two sheets (Exhibit 4 of Planning Commission staff report). Sheet 1 is the declaration page and contains the legal description , required signature blocks for recording and notes . Sheet 2 contains the layout of the subdivision. While the dwelling units will be a "for sale" product , the purchase will be condominium-style where the interior space of the units is owned by individuals but the underlying property is commonly owned. All of the units' exteriors and grounds will be maintained by the Homeowners' Association (HOA). The plat depicts two parcels. Lot 1 corresponds with Parcel B of the PBG and will contain the four single-family homes in the northwest corner of the property. Lot 2 corresponds to Parcel A of the PBG and includes the 16.5 x 646-foot "pole" which extends south to West 38th Avenue. Structures included in Lot 1 are the remaining units -three single-family homes and a duplex in the northeast quadrant of the property, the two row house buildings containing 11 units and the three duplex structures on the south end of the site. Both lot sizes are consistent with the density standards in the R-3 zone district. A 20-foot-wide sanitary sewer easement traverses the property from south to north to accommodate an existing sewer line . The PBG design designates this area as open space with no pennanent structures. Council Action Form July 8, 2013 Page3 Currently, Fenton Court and W. 39th Place dead end at the property boundaries. These roads will be continued into the lot to intersect and be dedicated as public right-of-way by this plat. The width of the right-of-way dedication is 47 feet. This street section will accommodate two travel lanes , a five-foot-wide tree lawn, and five-feet-wide detached walks on both sides of the street. This roadway section does not accommodate on-street parking. The "pole" portion of the property or alley measures 16.5-foot wide x 646-foot long and was historically used for access to the site. While it is not wide enough to accommodate a dedicated public street, it can function as an alley. Many of the property owners on Eaton Street whose rear property lines abut the alley have used it through the years for access to the rear of their properties . As such, the alley will be used for pubic pedestrian access and private vehicular access. An easement has been included on the plat regarding use of this area. The application has been through the standard referral process with no concerns raised by any outside agencies or City departments. A separate referral process will be required as part of any future site development. All proposed improvements will be installed at the developers' expense. The Parks Commission is recommending fees in lieu of land dedication for parkland needs. The amount will be based on the anticipated value of the land after land entitlements have been approved and subdivision improvements have been installed. This valuation will be determined by a certified appraiser, and the cost will be borne by the applicant at the time of subdivision platting. The fees will be required prior to issuance of building permits for home construction on the property. The applicant intends to appeal the anticipated fees to City Council based on the cost of private amenities provided in the development. (Attachment 5, letter of appeal) RECOMMENDED MOTION: "I move to approve Resolution No. 23-2013 , a resolution approving a two-lot subdivision plat with a right-of-way dedication for property zoned Residential-Three (R-3) and Neighborhood Commercial (NC) located at 5801 W. 38th Avenue/4000 Fenton Court, for the following reasons : Or, 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-109 and 26-407 of the Code of Laws . 2. The requested subdivision has been reviewed by the Planning Commission, which has forwarded its recommendation. 3. The Subdivision plat has been found in compliance with Article IV of Chapter 26 of the Code of Laws." "I move to deny Resolution No. 23-2013 , a resolution appro ving a two-lot subdivision plat with a right-of-way dedication for property zoned Residential-Three (R-3) and Neighborhood Commercial (NC) located at 5801 W . 38th A venue/4000 Fenton Court, for the following reasons: Council Action Form July8 ,2013 Page4 I. 2. 3. and to direct the City Attomey to prepare a Resolution of Denial , to be scheduled for Council consideration at the next available regular business meeting." REPORT PREPARED/REVIEWED BY: Meredith Reckert, Senior Pla1mer Kenneth Johnstone, Community Development Director ATTACHMENTS: I. Resolution No. 23-2013 2 . Planning Commission staff report 3. Planning Commission minutes 4. Approved PBG site plan 5. Applicant's letter of appeal on park fee TITLE: CITY OF WHEAT RIDGE, COLORADO Resolution No. 23 Series of 2013 A RESOLUTION APPROVING A TWO-LOT SUBDIVISION PLAT WITH A RIGHT-OF-WAY DEDICATION FOR PROPERTY ZONED RESIDENTIAL-THREE (R-3) AND NEIGHBORHOOD COMMERCIAL (NC) LOCATED AT 5801 W. 38TH AVENUE/4000 FENTON COURT (CASE NO. MS-13-02/INCARNATION) WHEREAS, Chapter 26, Article I of the Wheat Ridge Code of Laws establishes the procedures for the City's review and approval of Subdivision Plats; and, WHEREAS, an application for a subdivision plat was received from Urban Green Development to subdivide property located at 5801 W. 38 1h Avenue/4000 Fenton Court in a Residential-Three Neighborhood-Commercial zone district; and, WHEREAS, all referral agencies have reviewed the request and do not have concerns; and, WHEREAS, all required publishing, posting and notification requirements for a July 8, 2013 City Council public hearing have been met. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A TWO-LOT SUBDIVISION PLAT WITH A RIGHT-OF-WAY DEDICATION FOR PROPERTY ZONED RESIDENTIAL-THREE (R-3) AND NEIGHBORHOOD COMMERCIAL (NC) LOCATED AT 5801 W. 38TH AVENUE/4000 FENTON COURT (CASE NO. MS-13-02/INCARNATION) IS HEREBY APPROVED FOR THE FOLLOWING REASONS: 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-109 and 26-407 of the Code of Laws. 2. The requested subdivision has been reviewed by the Planning Commission, which has forwarded its recommendation. 3. The subdivision plat has been found in compliance with Article IV of Chapter 26 of the Code of Laws. DONE AND RESOLVED by the City Council this 81h day of July 2013. Jerry DiTullio, Mayor ATTEST : Janelle Shaver, City Clerk Attachment 1 All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST The applicant is requesting approval of a two-lot subdivision with right-of-way dedications on property zoned Residential-Three (R-3) and Neighborhood Commercial (NC) located at 580 I W. 38th Avenue/4000 Fenton Court. Because this plat has a right-of-way dedication , Planning Commission will be providing a recommendation to City Council who will be the final authority for approval. II. PROPERTY DESCRIPTION/ IDSTORY The property is located at 5801 W . 38th Avenue and is zoned primarily Residential-Three (R-3). The property is a flag lot , with a narrow strip of land connecting the parcel to W. 38th A venue ; this strip is 16.5 feet wide and extends nearly 650 feet. The southern half of the "pole" is zoned NC. The main portion of the lot is located at Fenton Court and W. 39th Place, both extended, and has an area of a_£ roximately 2 .26 acres . Including the flag pole portion, the entire lot is about 2.5 acres in size. ~ hibit 1, Aerial hoto) The property is embedded in a residential neighborhood . To the north , south, and west are parcels zoned R-3 with single-and two-family homes and several multi-family apartment buildings to the northwest. To the east are parcels zoned R-1 A with single-family homes on large lots. (Exhibit 2, Historically, the site was used for growing carnations. Two accessory structures on the western half of the lot were recently demolished . A farmhouse is located in the northeast corner of the property which will be incorporated into the development. Based on Jefferson County Assessor records , the house was originally constructed in 1877. Access into the property for the greenhouse use was gained from 38th Avenue through the "flagpole". III. PLAT DESIGN The proposed plat document is comprised of two sheets. (Exhibit 3, Reduced COJ!Y of_original /at document Sheet I is the declaration page and contains the legal description , required signature blocks for recording and notes. The notes, among other things, contain the city's standards language regarding easements and detention pond maintenance. Sheet 2 contains the layout of the subdivision. The plat depicts two parcels. While the dwelling units will be a "for sale " product, the purchase will be condominium-style where the interior space of the units is owned by individuals but the underlying property is commonly owned. All of the units ' exteriors and grounds will be maintained by the Homeowners ' Association (HOA). Lot I corresponds with Parcel B of the Planned Building Group (PBG) and will contain the four single family homes in the northwest corner of the property. Lot 2 pertains to Parcel A of the PBG and includes the 16.5 ' x 646 ' "pole" which extends south to West 38th Avenue. Structures included in Lot I are the remaining units -three single family homes and a duplex in the northeast quadrant of the property, the two Planning Co mmiss ion MS-13-02/lncarn a ti on 2 underground storage tank. Water from the tank will then be released below the historical rate into the existing storm sewer in Fenton Court. Because most of the system is subterranean , only one drainage /detention easement is required to be shown on the plat. IV. AGENCY REFERRALS All affected service agencies were contacted regarding their ability to serve the property. The developer will be responsible for any needed upgrades to accommodate the proposed development. Specific referral responses follow. Xcel Energy: Can serve. Wheat Ridge Sanitation District: Has an existing 8" main extending south to north through the property . Wheat Ridge Fire Protection District: Additional hydrants will be required to meet the water supply requirements of the District. Wheat Ridge Building Division: Has conversed with the contractor regarding the building permit review process. Wheat Ridge Police: No concerns . Wheat Ridge Public Works: Has reviewed drainage report and traffic plans. They have concluded that the existing street network system can adequately handle the traffic generated by the proposed development. Wheat Ridge Parks and Recreation Department: The Parks Commission is recommending fees in lieu of land dedication for parkland needs. The amount will be based on the anticipated value ofthe land after land entitlements have been approved and subdivision improvements have been installed . This valuation will be determined by a certified appraiser, the cost of which will be born by the applicant at the time of subdivision platting. The fees will be required prior to issuance of building permits for home construction on the property. The applicant intends on appealing the anticipated fees to City Council based the cost of private amenities provided in the development. V. STAFF CONCLUSION Staff concludes that the proposed plat is consistent with the design concept represented by PBG-13-0 I . Staff further concludes that all requirements of Article IV of zoning and development code have been met. For these reasons, a recommendation of Approval is given for Case No. MS-13-02 with conditions itemized in the Option A recommended motion. VI. RECOMMENDED MOTIONS Option A: "I move to recommend APPROVAL of Case No. MS-13-02 , a request for approval of a two-lot subdivision plat for property located at 5801 W. 381h Avenue/4000 Fenton Court, for the following reasons: Planning Commiss ion MS-13 -02/lncarnation 4 1. The proposed plat is consistent with the design concept approved in PBG-13-0 I approval. 2. The plat accommodates historical use of the strip of land extending out to 38th A venue for access by adjacent properties on Eaton Street. 3. All requirements ofthe subdivision regulations have been met. 4. Utility districts can serve the property with upgrades at the developer's expense. With the following conditions: I. City staff will require submittal of HOA covenants to ensure that there are adequate provision for maintenance of the common elements." Option B: "I move to recommend DENIAL of Case No. MS-13-02, a request for approval of a two- lot subdivision plat for property located at 5801 W. 38th Avenue/4000 Fenton Court, for the following reasons: I. 2." Planning Commission MS-13-021/ncarnation 5 Planning Commission MS-13-021/ncarnation EXHIBIT 1: AERIAL PHOTO 6 Planning Commission MS-13-02/lncarnation EXHIBIT 2: ZONING MAP 7 As part of the process for our PBG and Subdivision the parks commission reviewed the application and determined that a cash-in-lieu payment for park fees would be preferable over a land dedication. After meeting with the city staff it was determined that the fee assessed would be about $179,000. Staff has also indicated that the fee is being determined differently now then it has been in the past. Historically the fee would be about $1,500 per unit rather than $7,000 per unit. We are appealing the fee and we ask for relief on the amount of the fee and we ask that the city council direct the fee to be used on site for improvements. A quick review of the code will help us understand the purpose of the fee, the intentions behind the assessment and how the fee should be used. Parkland dedication. I. At the time of subdivision for new residential development, the city shall review the proposal for impact to the city's current parkland and parks and recreation programs. A recommendation shall be made whether the city shall require a dedication of a portion of the total site acreage of the development for park, parkland and recreation purposes or fees in lieu of dedication as specified below, or a combination of land and cash in lieu of land. lfland dedication is recommended, the land dedicated shall be a developed park constructed to city standards and specifications. Ownership shall transfer to the city at the time the plat is recorded. If cash in lieu of dedication is required, the amount will be paid prior to building permit issuance. N ote from th e applicant: Thi s part of the code clearly states that the assess ment can be fo r land or cash or a combination of land and cash. 4 . Credit toward park land dedication requirements or a portion thereof, may be considered for the following: a . Through the provision of private on-site recreation facilities. provided that such facilities: ill Are adequate to meet the needs of the development; or (2) Replace or supplement facilities that would generally be provided by the city. b . Through the provisions of trails. Trails are considered a normal element of an appropriately planned development. Credit for trails shall be considered only under the following circumstances: Attachment 5 ill The trail provides linkages for the community to local parks, schools and other activity areas. (2) The trail provides linkages for the community to regional parks , trails or open space as specified in the parks and recreation master plan . (3) The trail is not located within an exclusive utility or other easement, public street right-of-way, regulations, or an area with topographical or hazardous obstructions that would preclude development of a trail. Note from the applicant: Our Project includes private on-site recreation facilities sufficient to serve the needs of the community. So it meets the criteria for Credit towards park land dedication. Perhaps more significant is our trail system. We have a trail that is dedicated as a public pedestrian access that connects the community to be built as well as the surrounding neighbors with access to the 38'h Avenue Corridor Plan. The preservation of this land for this purpose not only serves the project but also was something specifically requested by the adjacent property owners. This is also a criteria specifically called out in the code as qualifying for Credit toward parkland dedication. As these are private improvements it should be noted that the maintenance of the private on-site recreation facilities as well as the trail system will remain the ongoing responsibility of the development so in essence the contribution continues unlike a one time cash-in-lieu payment. c. Unless specifically approved by city council or the planning commission, credit for private , on-site recreation facilities shall not exceed fifty (50) percent of the total park land acreage required to be dedicated . Note from the applicant: It would seem clear that the project should qualify for the 50% credit for the park land dedication. Council has the authority to recognize the contribution as being worth more than the 50% provided by code. For your consideration we would like you to consider the following: We are creating one of the nicest projects in Colorado. There is no question that our project will rival Aria , Stapleton and Midtown in the quality of the neighborhood, product and community. We must also necessarily compete with those projects. Our work will be published, promoted and will bring a lot of positive attention to Wheat Ridge. We have spared no expense in making this a quality project. Some of the things that we have done which are expensive but contribute to the quality of life are: Underground detention, detaining the water underground is very expensive compared to above ground detention. This may cost us in excess of$70,000 but it greatly enhances the lot. Every foot not in detention is a foot of useable land for recreation/community use. We saved over 15,000 square feet of land. Community areas we have provided on site areas for dog parks and community gardens. We have exceeded the minimum design requirements required by code in every category from landscaped area (42% landscaped area where 30% is required), tree and shrub count, energy efficiency and quality of life. We have spared no expense in making this a great community and a wonderful place to live. We have provided for park facilities and trail connections, infrastructure and design standards that exceed the requirements of other projects thus we would ask that the City Council recognize our contributions and accept them as credit for 100% of our park land contribution. Our second argument: The code says F. Cash in lieu of land dedication. I. In the event a land dedication as set forth above is not approved, then a cash contribution in lieu of land dedication shall be required. 2. The cash contribution shall be calculated using the following formula : a . Total acreage for dedication multiplied by the dollar value per acre as determined by market value = total cash amount required. b. The cash-in-lieu fee shall be equivalent to the full market value of the acreage required for park land dedication. Value shall be based on anticipated market value after completion of platting and construction ofpublic improvements. 3. The cash contribution shall be made prior to issuance of a building permit. 4. The funds shall be separately accounted for and shall be used to acquire , if possible under the circumstances, park land within three-fourths ('/.) of a mile of the area being developed or for greenbelt purposes , park land and park capital improvements. Note from the applicant: The area has sufficient parks and there are no needs for capital improvements. The needs of the community are served on site. The applicant is unaware of any potential use of the funds within o/.. of a mile of the project. H. Test of rea sonableness. All exactions required by the City of Wheat Ridge , whether on or offsite, must be reasonable , directly attributable to the project and for a legitimate purpose . Any exaction required must be in the public's and property owner's best interests . Note from the applicant: After meeting with the city staff it was determined that the fee assessed would be about $179,000. Staff has also indicated that the fee is being determined differently now then it has been in the past. Historically the fee would be about $1,500 per unit rather than $7,000 per unit. The fee represents 25% of our development costs. It is unreasonable to assess such a high fee and can not really be recovered by developer through sales. A more reasonable position for the city to take is to recognize the contribution by the applicant as credit toward the park land dedication, in the event that the City council cannot recognize the benefit to the community of the improvements made by the applicant in it's totality the applicant would ask that the city assign a percentage of credit and then make a more reasonable cash-in-lieu requirement that will not make the applicant compromise their improvements to make the project financially viable. ~~i~ ... # "' City of • :?WheatRi._dge ITEMN0:_3_ DATE: July 8, 2013 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 22-2013 - A RESOLUTION APPROVING A 48-LOT SUBDIVISION PLAT WITH RIGHT-OF-WAY DEDICATIONS FOR PROPERTY ZONED PLANNED RESIDENTIAL DEVELOPMENT (PRD) LOCATED AT 11885 W. 38TH AVENUE (CASE NO. WS-13-01/DOUD OVERLOOK) C8'] PUBLIC HEARING 0 BIDS/MOTIONS C8'] RESOLUTIONS D ORDINANCES FOR I ST READING 0 ORDINANCES FOR 2ND READING C8'] YES D NO JG~de1ttU ISSUE: The applicant is requesting approval of a 48-lot subdivision plat with right-of-waJ: dedications for property zoned Planned Residential Development (PRD) located at 11885 W. 38 1 Avenue. The purpose of the subdivision is to prepare the property for development of a new residential subdivision. PRIOR ACTION: Planning Commission heard the request at a public hearing on June 16 , 2013 and recommended approval. The staff report and meeting minutes from the Planning Commission public hearing have been attached. FINANCIAL IMPACT: Fees in the amount of$6,250 were collected for the review and processing of Case No. WS-13-01. Case No. WS-13-01/Doud Overlook Council Action Form July 8, 2 01 3 Page 2 BACKGROUND: The property contains an existing single-family residence with associated out-buildings and grazing land. The existing house was built in 1946 and will ultimately be removed as part of the site development. The property is bounded by W. 38th Avenue on the south , and the Clear Creek greenbelt open space on the north. The property slopes from southwest to northeast and is 15.054 acres in size. There is an existing sanitary sewer line with a 30-foot easement which traverses the northern portion of the property. The Lee-Stewart and Eskins ditches cross the property from the south side of 38th Avenue by a diversion gate and continue north across the property to the bluff. Property ownership stops at the bluff on the north end just behind the existing home. It does not extend down the slope towards Clear Creek. The slope property was conveyed to Coors in the late 1960's and in 2000 became part of the Clear Creek greenbelt. The subject property is surrounded to the south , east and west by single family residential neighborhoods. Adjacent zoning includes R-lA to the east and south , and R-1 and A-2 to the west. The property to the north is part of the Clear Creek greenbelt and open space area. The southern portion of the greenbelt adjacent to the subject property is designated as a conservation area in the City 's Open Space Management Plan. The property was rezoned from A-2 and R-1 to PRD with an Outline Development Plan (ODP) pursuant to Case No. WZ-07-06 . The ODP , which contains five sheets , sets the allowed uses and development standards for the property. It also contains a conceptual layout of the property, typical architectural elevations and a landscape plan. On April 8 , 2013 , City Council approved a plat document which complied with the recorded ODP document in that it contained 53 lots , had a similar street configuration and had setbacks consistent with those established on the ODP . If Case No. WS-13-01 is approved it will supersede the previously approved plat ; however, new construction must comply with the requirements of the recorded ODP document with regard to development standards. Those standards include setbacks and architectural features such as staggered front yard setbacks and structure elevations with at least 64 % stone, brick or stucco on the front facade. Identical house models may not be located on adjacent Jots or directly across the street. Accessory structures and boat and RV parking are not pern1itted in the development. Interior fencing follows the regular fencing standards in Chapter 26. The perimeter fence is upgraded in design to a 6-foot-high, solid-vinyl fencing with masonry pillars interspersed . The fence along W. 38th Avenue will be solid masonry with decorative columns . Proposed Plat The proposed plat document is comprised of four sheets (Exhibit 6 o.f Planning Commission staff report). Sheet 1 is the declaration page and contains the legal description, required signature blocks for recording and notes. The notes , among other things , contain the City's standard language regarding easements and detention pond maintenance. There are also notes pertaining to Tracts A -E. All of these tracts contain common elements in the subdivision and will be Council Action Form July 8, 2013 Page 3 maintained by the Homeowners ' Association (HOA). Tracts A and E are for landscaping along 38th Avenue and at the subdivision entrance. Tract B accommodates the detention pond. Tract C accommodates the sanitary sewer line from the west and Tract D encompasses the emergency access from 38th A venue. The location of these tracts can be viewed on Sheet 2 of the plat document. Sheet 2 contains the layout of the subdivision. The number of lots shown has been reduced from 53 to 48. The development will continue to access W. 38th A venue via a single looped roadway aligning with Tabor Court to the south. The prior design included three short cul-de-sac "eyebrows" extending from the looped road on the west side. This impacted several of the proposed lots along the western side with irregular driveway configurations. The proposed design eliminates these "eyebrows" and shifts the street to the west. While these lots have been somewhat reduced in size, elimination of the "eyebrows" provides more regular lot shapes and accesses. The northern-most portion of the street (W. 39th Place) has been shifted south to increase depths on the northern row oflots overlooking the greenbelt. The increase in depth varies from roughly 15 to 40 feet , depending on location. The prior plat showed the interior parcels as "skewed" to the roadway, complicating structure layout. With reconfiguration of the street, the interior parcels are perpendicular to the street and have been increased in area , making them closer in size to the perimeter lots. The number of interior lots has been reduced from 19 to 1 7. These lots have increased in size from 6 ,920 square feet to around 10 ,000 square feet to accommodate the larger homes the builder desires to construct throughout the subdivision. Most of the lots along the eastern perimeter have increased slightly in size, as have the lots along the southern side of the subdivision (Attachment 4, Comparison of old and new plats) Sheet 3 of the plat document is intended to represent buildable envelopes for the proposed subdivision and also as an addressing plan. Addresses need to be added to this sheet prior to plat recordation. Due to the number of easements dedicated by the first recorded plat, a fourth sheet has been added to specifically vacate perimeter parcel easements and right-of-way. The new right-of-way and easements will be dedicated with the new plat design . Street Design There are no modifications to the street system adjacent to or in the subdivision from the prior plat approval. West 38 1h Avenue, which runs along the southern property line, is designated as a minor arterial and is planned to have 82 feet of right-of-way. The street improvements will include v ertical curb and gutter, an acceleration/deceleration lane on the north side with bike lanes , and a six-foot-wide separated sidewalk and landscaped street lawn . Council Action Form July 8, 2013 Page4 The entry into the subdivision will have 60 feet of right-of-way with tree lawn and separated sidewalks on both sides. A landscaped median island will be included in the center of the entrance. The interior streets in the subdivision will have 50 feet of right-of-way, with mountable curb and a four-foot-wide sidewalk on the exterior side. This street section was approved through the previous ODP approval process. Tree lawns will be provided on both sides. Staffhas created an exhibit which compares the prior design with the new design. Storm drainage design The subdivision storm sewer system has been designed to provide collection and conveyance of storm flows for both off-site existing conditions and on-site developed conditions. There is currently a substantial amount of off-site storm drainage flows generated from the neighborhoods to the west and south which must be accommodated and conveyed across the property to Clear Creek. The storm water currently moves across the site to the north and sheet flows down the face of the bluff. With development of the property and improvements made on 38 1h Avenue, these off-site flows will be captured by inlets at a low point at the Tabor Court intersection and then travel towards the proposed detention pond at the very northeast comer of the development. All site-generated drainage will be collected by various inlets throughout the subdivision and flow to storm sewers in the street right-of-way and conveyed to the same detention pond at the northeast comer. From the pond, the stonnwater enters a manhole and pipe bored into the slope and is released in the Clear Creek greenbelt open space. The City has requested the developer upsize the pipe to accommodate future regional flows, the cost of which will be financially subsidized by the City. Because the storm sewer system conveys regional drainage flows, the vertical pipe and improvements in the Clear Creek open space area will be maintained by the City. To facilitate construction of the drainage improvements, a temporary construction easement is being pursued by the applicant with the City's assistance through Jefferson County Open Space. Included in the negotiation is discussion of the Utes Ladies' Tresses Orchid. The case was referred to the U.S. Army Corps of Engineers who indicated that the proposed construction in the City's open space should not impact the orchid or its habitat. City staff is meeting with Jefferson County in July to finalize the required easement. Agency Referrals When the City receives a request for residential subdivisions, the City has the ability to review the submittal for parkland dedication to accommodate the new residential population. The land area to be dedicated is typically not large enough to accommodate a public park; therefore, fees in lieu of dedication can be required instead. The amount of money owed is based on the anticipated value of the land after land entitlements have been approved and subdivision improvements have been installed. This valuation will be detetmined by a certified appraiser, the cost of which will be borne by the applicant. The Parks and Recreation Commission recommended that fees in lieu of land dedication be collected. This will occur at the time of the first building permit. Council Action Form July 8 , 2013 Page 5 Since the April 8 public hearing on the prior application, the property has been annexed into the Westridge Sanitation District. An agreement between the district and developer has been finalized , detailing construction and monetary obligations for the line construction on 38th Avenue. All other utilities can provide service to the property with improvements at the developer's expense. RECOMMENDED MOTION: "I move to approve Resolution No . 22-2013 , a resolution approving a 48-lot subdivision plat with right-of-way dedications for property zoned Planned Residential Development (PRD) located at 11885 W. 38th A venue, for the following reasons: I. City Council has conducted a proper public hearing, meeting all public notice requirements as required by Section 26-109 and 26-407 of the Code of Laws. 2 . The requested subdivision has been reviewed by the Planning Commission, which has forwarded its recommendation. 3. The Subdivision plat has been found in compliance with Article IV of Chapter 26 of the Code of Laws. With the following conditions: Or, 1. Property addresses be added to Sheet 3 of the plat document prior to recordation 2. The HOA covenants be provided for staff review prior to plat recordation 3 . The City continues to work with Jefferson County Open Space to finalize the procurement of the temporary and permanent easements in the open space area 4. The property be assessed for fees in lieu of parkland dedication , based on the appraised value of the land , after land entitlements have been approved , subject to staff review and approval. Said fees to be paid prior to the issuance of the first building permit 5. The developer enters into a City standard subdivision improvement agreement with required security, prior to recordation of the subdivision plat. "I move to deny Resolution No. 22-2013 , a resolution approving a 48-lot subdivision plat with right-of-way dedications for property zoned Planned Residential Development (PRD) located at 11885 W. 38th Avenue, for the following reasons: 1. 2. 3. and direct the City Attorney to prepare a Resolution of Denial , to be scheduled for Council consideration at the next available regular business meeting." Council Action Form July 8, 2013 Page 6 REPORT PREPARED/REVIEWED BY: Meredith Reckert, Senior Planner Kenneth Johnstone, Community Development Director ATTACHMENTS: 1. Resolution No. 22-2013 2. Planning Commission staff report with exhibits 3. Planning Commission minutes 4. Comparison of old and new plats TITLE: CITY OF WHEAT RIDGE, COLORADO Resolution No. 22 Series 2013 A RESOLUTION APPROVING A 48-LOT SUBDIVISION PLAT WITH RIGHT-OF-WAY DEDICATIONS FOR PROPERTY ZONED PLANNED RESIDENTIAL DEVELOPMENT (PRO) LOCATED AT 11885 W. 38TH AVENUE (CASE NO. WS-13-01/DOUD OVERLOOK) WHEREAS, Chapter 26, Article I of the Wheat Ridge Code of Laws establishes the procedures for the City's review and approval of Subdivision Plats; and, WHEREAS, an application for a subdivision plat was received from Standard Pacific Homes to subdivide property located at 11885 W. 38th Avenue in a PRO zone district; and, WHEREAS, all referral agencies have reviewed the request and do not have concerns; and, WHEREAS, all required publishing, posting and notification requirements for an July 8, 2013 City Council public hearing have been met. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows A 48-LOT SUBDIVISION PLAT WITH RIGHT-OF-WAY DEDICATIONS FOR PROPERTY ZONED PLANNED RESIDENTIAL DEVELOPMENT (PRO) LOCATED AT 11885 W. 38TH AVENUE (CASE NO. WS-13-01/DOUD OVERLOOK) IS HEREBY APPROVED FOR THE FOLLOWING REASONS: 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-109 and 26-407 of the Code of Laws. 2 . The requested subdivision has been reviewed by the Planning Commission, which has forwarded its recommendation. 3. The subdivision plat has been found in compliance with Article IV of Chapter 26 of the Code of Laws. WITH THE FOLLOWING CONDITIONS: 1. Property addresses be added to Sheet 3 of the plat document prior to recordation 2. The HOA covenants be provided for staff review prior to plat recordation 3. The City continues to work with Jefferson County Open Space to finalize the procurement of the temporary and permanent easements in the open space area 4. The property be assessed for fees in lieu of parkland dedication based on the appraised value of the land after land entitlements have been approved, Attachment 1 subject to staff review and approval. Said fees to be paid prior to the issuance of the first building permit 5. The developer enters into a City standard subdivision improvement agreement with required security prior to recordation of the subdivision plat DONE AND RESOLVED by the City Council this 8th day of July, 2013 . Jerry DiTullio , Mayor ATTEST: Janelle Shaver, City Clerk All notification and posting requirements have been met; therefore , there is jurisdiction to hear this case. I. REQUEST The applicant is requesting approval of a 48-lot major subdivision on property zoned Planned Residential Development located at 11885 W. 38th A venue. Because this is a major subdivision , Planning Commission will be providing a recommendation to City Council who will be the final authority for approval. A neighborhood meeting is not required prior to the submission of an application for subdivision approval. II. EXISTING CONDITIONS/PROPERTY IDSTORY Subject Property The property contains an existing single family residence with associated out-buildings and grazing land. The existing house was built in 1946 and will ultimately be removed as part of the site development. The property is bounded by W . 381h Avenue on the south , and the Clear Creek greenbelt open space on the north. The property slopes from southwest to northeast and is 15.054 acres in size. There is an existing sanitary sewer line with a 30' easement which traverses the northern portion of the property. The Lee-Stewart and Eskins ditches cross the property from the south side of 381h A venue by a diversion gate and continue north across the property to the bluff. Property ownership stops at the bluff on the north end just behind the existing home. It does not extend down the slope towards Clear Creek. The slope property was conveyed to Coors in the late 1960 's and in 2000 became part of the Clear Creek greenbelt. 'Exhibit/ Aerial Photo Surrounding zoning and land use The subject property is surrounded to the south , east and west by single family residential nei hborhoods. Adjacent zoning includes R-IA to the east and south , and R-1 and A-2 to the west. hibit 2 Zonin Ma The property to the north is part of the Clear Creek greenbelt and open space area. The southern portion of the greenbelt adjacent to the subject property is designated as a conservation area in the City 's Open Space Management Plan. North of the creek is a hard surfaced trail and south of the creek is a soft surfaced trail, both of which are heavily used. The Risdon Ditch is located in the open space area to the northeast of the subject site. Several reservoirs are located within the Clear Creek open space corridor, most of which were once gravel pits and are now used for water storage by Coors. Bass Lake (the closest to the property) is part of the conservation area and features a recently completed Watchable Wildlife Boardwalk on the southern side ofthe lake. An endangered plant species, the Ute Ladies'-Tresses Orchid , has been identified growing in this general area and cannot be negatively impacted by the proposed development activity. 'Exhibit 3 Site Photos Planning Commission WS-13-01/Doud Overlook 2 Street design There are no modifications to the street system adjacent to or in the subdivision from the prior plat approval. West 38th Avenue running along the southern property line is designated as a minor arterial and is planned to have 82 ' of right-of-way. The street improvements will include vertical curb and gutter, an accel/decellane on the north side with bike lanes and a 6' wide separated sidewalk and landscaped street lawn. The entry into the subdivision will have 60' of right of way with tree lawn and separated sidewalks on both sides. A landscaped median island will be included in the center of the entrance. The interior streets in the subdivision will have 50 ' of r-o-w with mountable curb and a 4' wide sidewalk on one side (exterior side). This street section was approved through the previous ODP approval process. Tree lawns will be provided on both sides. Storm drainage design The subdivision storm sewer system has been designed to provide collection and conveyance of storm flows for both otT-site existing conditions and on-site developed conditions. There is currently a substantial amount of off-site storm drainage flows generated from the neighborhoods to the west and south which must be accommodated and conveyed across the property to Clear Creek. The stormwater currently moves across the site to the north and sheet flows down the face of the bluff. With development of the property and improvements made in 38th Avenue, these otT-site flows will be captured by inlets at a low point at the Tabor Court intersection and then travel towards the proposed detention pond at the very northeast corner of the development. All site generated drainage will be collected by various inlets throughout the subdivision to storm sewers in the street right-of-way and conveyed to the same detention pond at the northeast corner. From the pond, the stormwater enters a manhole and pipe bored into the slope and is released in the Clear Creek greenbelt open space. The City has requested the developer upsize the pipe to accommodate future storm sewer improvements along W. 38th Avenue, the cost of which will be financially subsidized by the City. Because the storm sewer system conveys regional drainage flows, the vertical pipe and improvements in the Clear Creek open space area will be maintained by the City. To facilitate construction of the drainage improvements, a temporary construction easement is being pursued by the applicant with the City's assistance through Jefferson County Open Space. Staff has been working with Jefferson County Open Space to obtain this easement. Included in the negotiation is discussion of the Utes Ladies ' Tresses Orchid. The case was referred to the U.S. Army Corps of Engineers who indicated that the proposed construction in the City's open space should not impact the orchid or its habitat. City staff is meeting with Jefferson County in June to finalize the required easement. IV. AGENCY REFERRALS All affected service agencies were contacted regarding their ability to serve the property. The developer will be responsible for any needed upgrades to accommodate the proposed development. Specific referral responses follow. Consolidated Mutual Water: Can serve the property with needed improvements. A water main extension will be required. Planning Commission WS-13-0 1/Doud Overlook 4 U.S. Army Corps of Engineers: Has determined that construction work required in the greenbelt should not have a negative impact on the orchid or its habitat. Westridge Sanitation District: The sanitation district main line in 38 th A venue does not currently have adequate capacity to serve the subdivision. An inclusion agreement for the property has been executed detailing responsibilities of the district and developer for sewer line construction. Wheat Ridge Fire Protection District: Is requiring a secondary access from 38th A venue which is being provided by Tract D. All street widths and comer tum radii have been approved . Installation of fire hydrants will be required. Wheat Ridge Public Works: The Public Works Department has reviewed the plat and a storm drainage report. Corrections on the plat and drainage comments must occur before public hearing at City Council. Wheat Ridge Parks and Recreation Department: Will review at their June 12 , 2013 meeting. Xcel Energy: Can serve. VI. STAFF CONCLUSION Staff concludes that the proposed plat is consistent with the design concepts demonstrated on the Doud Overlook ODP document. Relocation ofthe right-of-way and reduction ofthe number of lots has created a more logical development pattern. Staff further concludes that all requirements of Article IV of the zoning and development code have been met. For these reasons , a recommendation of Approval is given for Case No. WS-13-0 I with conditions itemized in the Option A recommended motion . Vll. RECOMMENDED MOTIONS OPTION A: "I move to recommend APPROVAL of Case No. WS-13-01 , a request for approval of a forty-eight lot major subdivision plat for property located at 11885 W. 38th A venue , for the following reasons: 1. The proposed plat is consistent with the design concept approved in the Doud Overlook zone change and ODP approval. 2. Relocation of the right-of-way and reduction of the number of lots has created a more logical development pattern . 3. All requirements of the subdivision regulations have been met. 4. Utility districts can serve the property with upgrades at the developer 's expense. With the following conditions: 1. Property addresses be added to Sheet 3 of the plat document prior to recordation. 2. Corrections on the plat and drainage comments must occur before public hearing at City Council. 3. The property be assessed for fees in lieu of parkland dedication based on the appraised value of the land after land entitlements have been approved. Said fee s to be paid prior to recordation ofthe subdivision plat." Planning Commission WS-13-0 1/Doud Overlook 5 OPTION B: "I move to recommend DENIAL of Case No . WS-13-01 , a request for approval of a forty-eight lot major subdivision Plat for property located at 11885 W. 38th A venue, for the following reasons : 1. 2. 3." Planning Commission WS-1 3-0 I /Doud Overlook 6 EXHIBIT 3: SITE PHOTOS View north from 38th A venue at entrance drive Planning Commission WS-1 3-0 1/Doud Overlook View of subdivision to the west 9 View northeast towards future detention pond area Planning Commission WS-13-0 1/Doud Overlook View north into open space 11 View northwest into open space/pond area Planning Commission WS-13-0 1/Doud Overlook 12 View south towards 38 1h A venue View south on drive towards 38th A venue Planning Commission WS-13-0 1/Doud Overlook View west on 381h A venue 13 Planning Commission WS-1 3-0 1/Doud Overlook View east on 381h A venue 14 Rip Reid, Standard Pacific Homes 7800 E. Dorado Pl., Suite 220 , Green Village , CO 80111 Mr. Reid introduced himself as the applicant and indicated that the civil engineer for the project will speak first. Russ Burrows, Carroll & Lange-Manhard 7442 S. Tucson Way, Suite 190-A , Centennial , CO 80112 Mr . Burrows described the drainage system which is a water quality pond as well as a water storage detention facility . It will treat the initial storm water runoff of rainfall which collects pollutants in the street. The pond has a piped system that will go down the steep slope and will discharge into the current wet pond at the bottom of the bluff. There are some minor improvements to the outlet of the original pond to control the water as it releases back into a natural drainage ditch that the water will migrate to. Commissioner BUCKNAM inquired about water quality. He asked if the main thing being treated is sediments instead of any chemicals coming off the streets. Mr. Burrows stated yes . Commissioner WEAVER asked ifthere is a requirement of how clean the water has to be before it enters the system. Mr. Burrows stated there is a standard specified by the Urban Drainage District that all the municipalities have adopted. This system meets the requirement. Mr. Reid stated Standard Pacific is under contract to buy the existing plat. Part of the reason for paying for 53 Lots and reducing to 48 lots is to get the average lots size up to I 0 ,420 square feet. Houses will range in size from 2 ,400 to 3,500 square feet. The market will dictate the pricing. Commissioner MATTHEWS asked if there will be detached sidewalks in the interior of the development around the circle. Mr. Burrows stated yes , on one side of the street. Chair BRINKMAN opened the public hearing. Ken Asbury 3882 Union Ct. Mr. Asbury stated he resides on the west side of the development and he has no objections to the development as a whole. His concern is the number of lots bordering the west side ofthe subdivision. The plan has been increased from 9 houses to II . They were good sized lots before but now 7 of the lots have been reduced to 9 ,300 square feet. Peggy Kennedy 3866 Union Ct. Ms. Kennedy stated she agreed with Mr. Asbury and it would be nice to have the lots on the west side to be comparable to those in the subdivision to the west. Ava Nagy Planning Commission Minutes June 13 , 2013 -3 - 3834 Union Ct. Ms. Nagy did not speak as her concerns had been addressed. Steve Fisher 3850 Union Ct. Mr. Fisher stated he agreed with Mr. Asbury as he lives on the west side also. He said the biggest concern is to have properties comparable to the subdivision he lives in. The lots on the east side of the subdivision are now larger than those on the west side. Mr. Fisher stated the original proposal included a fence with brick pillars around the subdivision and wondered ifthe fence was still included. Marilyn Fisher 3850 Union Ct. Ms. Fisher stated she agreed with Mr. Fisher and Mr. Asbury. Laslo Nagy 3834 Union Ct. Mr. Nagy did not speak as his concerns had been addressed. Chair BRINKMAN closed the public hearing and asked the applicant to address the concerns from the citizens. Mr. Reid addressed the commission. He indicated that a split rail fence overlooking the greenbelt area is being considered instead of a privacy fence. The center section lots on the current approved plan are 6,900 square feet and were not perpendicular to the streets. The smallest proposed lot size is 8,450 square feet with an average lot size of 10,420 square feet. Discussion continued regarding the proposed plat modifications. Commissioner MATTHEWS asked staff if the Planning Commission has the ability to modify the plat or if only the applicant can do so. Ms. Reckert stated this is the applicant's proposal and Planning Commission is the recommending body to City Council. Chair BRINKMAN inquired about the size of the proposed houses on the property. Mr. Reid stated the roof area or footprint can only be 40% of the lot. On the 6,900 square foot lot, a ranch cannot be built but a smaller two story could be constructed. Chair BRINKMAN asked how many different styles of houses are being proposed. Mr. Reid replied that 2 ranch plans and 3 conventional two-story homes are being considered. Commissioner BUCKNAM asked staffifthis case is denied will the existing plat remain in place. Ms. Reckert stated yes. Planning Commission Minutes June 13 , 2013 -4 - Commissioner BUCKMAN stated the existing plat is much denser in terms in the number of houses and structures and it has awkward driveways and house alignments. However, the citizens ' concern about the Jots on the west side is acknowledged. Chair BRINKMAN opined that the proposed design is better. She didn 't like the idea of having two different classes of housing in the subdivision and that the applicant tried to be equitable with all the Jots. She stated she is going to vote for approval of this subdivision plat. It was moved by Commissioner MATTHEWS and seconded by Commissioner GUILDNER to approve Case No. WS-13-01, a request for approval of a forty-eight lot major subdivision plat for property located at 11885 W. 381h Avenue, for the following reasons: 1. The proposed plat is consistent with the design concept approved in the Doud Overlook zone change and ODP approval. 2. Relocation of the right-of-way and reduction of the number of lots has created a more logical development pattern. 3. All requirements of the subdivision regulations have been met. 4. Utility districts can serve the property with upgrades at the developer's expense. With the following conditions: 1. Property addresses be added to Sheet 3 of the plat document prior to recordation. 2. Corrections on the plat and drainage comments must occur before public hearing at City Council. 3. The property be assessed for fees in lieu of parkland dedication based on the appraised value of the land after land entitlements have been approved. Said fees to be paid prior to the first building permit. 4. Typographical errors be corrected on the plat. Motion approved 5-1 with Commissioner BUCKNAM voting no. Ms. Reckert stated the case will be heard by City Council on July 8th. Planning Commission makes the recommendation to City Council who makes the final decision. 7. OTHER ITEMS Planning Commission Minutes June 13 ,2013 -5 - Council Action Form July 8, 2 013 Page 2 . City Council approved the banner poles installation on May 13 , 2013 . FINANCIAL IMPACT: A budget appropriation of$49,905 is required to finance the project. BACKGROUND: The City has been worlcing for many years to redevelop 38th Avenue between Wadsworth and Sheridan Boulevards as the City's "Main Street". The 38th A venue Corridor Plan was adopted in October 2011 and provides the framework for revitalizing the street into an attractive focal point for the community. Building on valuable input from stakeholders and the public at-large , the plan creates a vision for the future of the street which focuses on transportation , land use , urban design , and economic development. Since the 38th Avenue Corridor Plan's adoption , many ofthe plan recommendations have been implemented. During the summer of2012 , a "road diet" was implemented as a pilot project to evaluate the impact of reducing most of the corridor from a four or five-lane section to a three- lane section. Parking was added on the south side of the street along with placement of several temporary planters and "pop-up" cafes. In October 2012 , most of the corridor was rezoned to Mixed Use -Neighborhood to facilitate redevelopment. In 2013 , street banner systems are scheduled to be added to facilitate branding and public messaging. As the pilot corridor traffic project approaches its conclusion, City staff is preparing for the next phase of implementation of the Corridor Plan, the development of the streetscape concept for the Main Street sub-district. The scope of services being proposed will finalize a street section and accompanying amenities , including street furniture , landscaping, public art , way-finding signage, etc. Professional services are required for the development of alternate designs , presentations to City Council , stakeholders , and the public, and preparation of estimated costs for the various alternatives. On May 30 , 2013 , eight proposals were received from consulting firms and four were short listed and interviewed. Following the interviews , the highest-ranked firm was Entelechy, Denver, CO. Final selection was based on qualifications, project approach , the project team and experience on previous projects. The negotiated project is comprised of Base Project and Alternate 1 and 2 , as follows: Base: Developing Streetscape Alternative concepts-$44 ,600 Alt I: Create a 30 Sketch Up model of the preferred streetscape design concept for the 38th A venue Main Street Sub-district-$3 ,985 Alt 2: Create a second 3D Sketch Up model of the second preferred design concept, should there be a competing alternative-$1,320 Total fees are not-to-exceed $49,905. Council Action Form July 8, 2 013 Page 3 The contract may be amended subsequently to add design services when the City decides to proceed with a construction project, or a subsequent single-source agreement may be negotiated with Entelechy at that time, if the City so desires. RECOMMENDATIONS: Consultant selection was based on qualifications, project approach , relevant experience and knowledge of the 38th A venue Corridor Plan. Appropriate fees for the work were then negotiated. Staff recommends award of the 38th Avenue Streetscape Design to Entelechy to perform both the base project and alternate I and 2 in the not-to-exceed amount of$49,905. Staff also recommends a budget appropriation of$49,905 required to fund the design. RECOMMENDED MOTION: "I move to approve Resolution No . 24-2013 , a resolution amending the fiscal year 2013 Capital Investment Program Budget to reflect the approval of a supplemental budget appropriation in the amount of$49,905 to fund the 38th Avenue Streetscape Concept Design and awarding the contract to Entelechy, Denver, CO, for a not-to-exceed amount of $49 ,905 ." Or, "I move to postpone indefinitely Resolution No. 24-2013, a resolution amending the fiscal year 2013 Capital Investment Program Budget to reflect the a~proval of a supplemental budget appropriation in the amount of$49,905 to fund the 38t Avenue Streetscape Concept Design and awarding the contract to Entelechy, Denver, CO , for the following reason(s) " REPORT PREPARED/REVIEWED BY: Steve Nguyen , Engineering Manager Jennifer Nellis , Purchasing Agent Tim Paranto , Director of Public Works ATTACHMENTS: 1. Resolution No. 24-2013 2. Entelechy Scope of Services 3. Proposed Project Schedule 4. Estimated Fee Schedule CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 24 Series of 2013 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2013 CAPITAL INVESTMENT PROGRAM BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $49,905 TO FUND THE 38TH AVENUE STREETSCAPE CONCEPT DESIGN AND AWARDING THE CONTRACT TO ENTELECHY, DENVER, CO, FOR A NOT-TO-EXCEED AMOUNT OF $49,905 WHEREAS, the City Council wishes to implement the next phase of the 38th Avenue Corridor Plan by developing streetscape plan guidance for design and construction in the Main Street district; and WHEREAS, the 2013 CIP Budget must be amended to provide funding for the plan development; and WHEREAS, the City has selected, by an established process, a consultant to perform the streetscape concepts design. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, that: Section 1. Budget Amended. The City of Wheat Ridge fiscal year 2013 CIP Budget be amended to transfer an amount of $49,905 from General Fund Reserves to line item 30-303-800-892 for the 38th Avenue Streetscape Concept Design. Section 2. Project Awarded. The 38th Avenue Streetscape Concept Design is awarded to Entelechy in an amount not-to-exceed $49,905. Section 3. This Resolution shall be effective immediately upon adoption . . DONE AND RESOLVED this __ day of _____ , 2013. Jerry DiTullio, Mayor ATTEST: Janelle Shaver, City Clerk Attachment 1 City of Wheat Ridge 38th Avenue Streets cape Concept Design Scope of Services Notes : 1. This Scope of Services is organized into Tasks and Sub -tasks. Note that some sub-tasks overlap. Please refer to the Project Schedule. 2 . Given the Scope and the Schedule, it will be critical to receive 1 set of consolidated comments back from the City on a deliverable within two days of submission/presentation in Staff Meetings. TASK 1: PROJECT INITIATION I VERIFICATION I ANALYSIS (4 WEEKS) Task A.l Kick-off Meeting with Staff Group-Staff Work Session 1 -Estimated 3-4 hour meeting A kick-off meeting with the core 38th Avenue Streetscape Staff Group (Staff Group)-including representatives from Public Works, Community Development and Parks and Recreation-Forestry-will take place. Prior to the Kick-off Meeting: • Transmit base mapping information in electronic format to the Team. This information would include GIS layers, converted from Shape files to DXF files (AutoCAD Version 2008), of information in digital format, including but not limited to those layers identified in Exhibit A. The data should be cropped to include Kendall Street to Yukon Court and from 37th Avenue to 39th Avenue. Crop the Buildings layer a bit further to the north to include the entirety of the middle school building. Please export at an engineering scale of 1:60, and make sure all on individual layers. • The 2012 Aerial should be transmitted in 2 ways: a) extents outlined above at 1:300 dpi b) from Upham St. (South Side of 38th) to Otis St. and 37th to 39th at 1:600 dpi • Transmit all additional background information completed to date in electronic format, including, but not limited to the street section studies, retrofit planter layouts (in AutoCAD and PDF format), pedestrian light fixture spec/info, etc. • Finalize contact list of property/business owners within Project Area (name, phone, email). During the Kick-off Meeting: • Establish document formats, project directory and reporting requirements. The Entelechy Team will create a project directory, and will utilize e-mail and phone as a primary form of communication amongst team members and client contacts. Conference calls and Staff Group Meetings will be utilized as needed for communication in between scheduled workshops. Entelechy will provide PDFs of agendas, handouts and large format boards to the City for printing/plotting for Staff Group, public meetings/open houses and Council updates. Entelechy will provide materials in PDF format for City upload to a project website. • Obtain any additional background information not previously received. • Discuss project expectations. • The City will convey a detailed review of what has happened from adoption of Corridor Plan to present to the Entelechy Team (Team). • Confirm/calibrate previous established goals/objectives. • Document Staff Group issues and opportunities. • Walk through by Staff of any existing data gathering/process completed to-date to bring the Entelechy Team up to speed. • Discuss the first public meeting. • Walking tour of the Main Street Sub-District (Project Area), to be coordinated by the City. Created by: Entelechy Date: 1 july 2013 Attachment 2 City of Wheat Ridge 38th Avenue Streets cape Concept Design Scope of Services Duration : 1 week Deliverables: Base information to Entelechy, project directory to City Task A.2 Gather Base Information I Analysis The Team will review the documents/plans/drawings provided by the City . The analysis will include a review of and site verification of the base information from the City, especially noting existing appurtenances/utility elements within the Project Area. Duration : 3 weeks Deliverables : Summary memorandum and site analysis exhibit/image board of existing conditions for Project Area streetscape. Task A.3 Meeting: Staff Work Session #2 The Team will meet with Staff to : a) Inquire about anything in the background/base information , including walking through Project Area block face by block face to discuss extenuating existing conditions, namely existing curb cuts and possibility for consol idation, understanding b) Talk through approach for 7/24 public meeting. Duration : 1 week Task A.4 Outreach: Public Meetings #1 The Entelechy Team will collaborate with City Staff on leading a public meeting. The meeting will include : conveying statistics on 1 year 'post -road diet' to be presented by the City , a presentation on the focus of this streetscape design process, and a break-out session/exercise to solicit input regarding desired street improvements. Questions to be asked/stated during the meeting would include things such as: • Is this group still comfortable with the preferred street section identified in the Corridor Plan? • Is there anything that you would modify in that section? • Do you realize that if the bike lanes stay, this section cannot be achieved in portions of the Main Street Sub -district? • Do you realize that in some places , if the angled parking remains, this section cannot be achieved? • What are the priority elements that you think should be incorporated into the master streetscape design? (such as: new pedestrian lighting, benches , trash receptacles, information kiosk, additional signage and wayfinding, etc.) This input will be considered while creating alternatives . At this time the Team will also create a survey or input tool (perhaps soliciting input on preferences towards approaches to light fixtures (more modern vs . more traditional) and perhaps special features like seat walls versus benches, for example ) for posting on the project website to solicit additional input. Given the tight project schedule this may be the most appropriate time to solicit additional feedback outside of formal meetings . We would work with the City to craft the questions . Duration : 1 week Deliverables : Graphics , PowerPoint Presentation and (originals of) hand outs as necessary Created by: Entelechy Date: 1 July 2013 City of Wheat Ridge 38th Avenue Streets cape Concept Design Scope of Services Meetings : Public Meetings -1 Task A.S Team Meetings/Project Management/Web Information-Ongoing Regular Team meeti ngs and ongoing management of the project is accommodated . This includes communications with the client and sub -consultants . Also included here is ongoing project webpage coordination, to provide the City with PDFs of graphics and other information for upload by the City to the project web site throughout the project. Duration : Ongoing Deliverables : Graphics and text in PDF format for upload to City maintained project website. TASK B: Alternative Concepts (9 WEEKS) Task B.l Create Alternatives/Initial OOM Cost Estimates The Team will complete the following: 1. Project Area streetscape concept design • Street Curb and Gutter Reconfiguration (moving curbs) The alternatives will be initially represented in plan and section 2. Family of street furnishings/kit -of-parts -2 alternatives • Image boards to include pedestr ian light fixtures , benches, trash/recycle receptacles , bike racks , plant material, special paving , etc. 3. Project Area order of magnitude (OOM) cost estimates for streetscape concept design alternatives 5. Signage/wayfinding design concepts • 2 alternative concepts (e .g. modern vs . more traditional look and feel) for each of the typologies Duration: 4 weeks Del iverables: Initial alternative streetscape concept designs , OOM cost estimates, image boards Task B.2 Meeting: Staff Work Session #3 The Team will meet with Staff to present and walk through the : a) Analysis b) Streetscape concept design alternatives c) Family of street furnishings/kit-of-parts alternatives d) OOM cost estimates e) Draft signage/wayfinding design concepts Duration : Deliverables: Meetings: 1 week Meeting Notes Staff Group -1 Task B.3 Outreach: Block by Block Outreach to Business/Property Owners in Project Area The Team will either: a) Walk the corridor and meet with Property/Business Owners , or b) Conduct Block by Block meetings with Property/Business Owners Created by: Entelechy Date: 1 july 2013 City of Wheat Ridge 38th Avenue Streetscape Concept Design Scope of Services This is estimated at a half day, to take place during the day . The purpose would be to walk through the initial concepts on a more one-on-one basis with business and property owners to help communicate the ideas and obtain specific input. A Staff member should be present at these meetings/visits . The Team and Staff will discuss with attending/available property/business owners the trade-offs associated with curb consolidation on a block face . Duration: Deliverables: Meetings: 1 week Meeting Notes Business/Property Owners - 1 Task B.4 Modifications The Team will update the plans, sections, images boards and OOM Cost Estimates for the two alternative design strategies. Duration : 4 weeks Deliverables : Updated alternative streetscape concept designs , OOM cost estimates, signage/wayfinding components Task B.S Meeting: Staff Work Session #4 The Team will meet with Staff to present and walk through the: a) Updated streetscape concept design alternatives b) Draft preferred kit -of-parts c) Updated OOM cost estimates d) Updated signage/wayfinding design concepts Duration : Deliverables : Meetings : 1 week Meeting Notes Staff Group -1 Task B.6 Meeting: leadership Committee The Team will present the draft materials at a leadership Committee Meeting. a) Streetscape concept design alternatives b) OOM cost estimates c) Signage/wayfinding design concepts Duration : Del iverables : Meetings : 1 week Meeting Notes Leadership Committee -1 Task B.7 Council Study Session: Update The Team will provide Council Packet information/presentation prior to the scheduled 9/16 Council meeting and participate/present the alternate information at the meeting. Duration : Deliverables: Meetings: 1 week Packet information/Presentation Council -1 Created by: Entelechy Date: 1 july 2013 City of Wheat Ridge 38th Avenue Streets cape Concept Design Scope of Services Task 8.8 Team Meetings/Client Conference Calls/Project Management/Web Information-Ongoing Regular Team meetings and ongoing management of the project is accommodated. This includes communications with the client and sub-consultants . Also included here is ongoing project webpage coordination, to provide the City with PDFs of graphics and other information for upload by the City to the project web site throughout the project . Duration: Ongoing Deliverables: Graphics and text in PDF format for upload to City maintained project website. ALTERNATE ADD: Alt Add 1: The Team will create a 3D Sketch Up model of one of the streetscape design concepts for the 38th Avenue Main Street Sub-district (presumably the 'preferred' if there is a preferred when this is completed). This model will be utilized to help communicate the ideas of the design and to help market the improvements to various constituents. Alt Add 2: The Team will create a second 3D Sketch Up Model of the 2nd design concept to be able to communicate both design alternatives. (Only Alt 1 could be completed, or depending on when completed in the process, perhaps both streetscape design concepts need to be shown, therefore Alt 2 would also be completed.) Created by: Entelechy Date: 1 July 2013 City of Wheat Ridge 38th Avenue Streetscape Concept Design Scope of Services Exhibit A: Requested GIS Layers to come once master list received from City Created by: Entelechy Date: 1 July 2013 entelechy Estimated Fee Schedule Project: Location: Date: 38th Avenue Streetscape Wheat Ridge, Colorado 7/1/2013 update FEE SUMMARY Entelechy TOTALS Fee $43 ,900 $43 ,900 Expenses $700 $700 TOTAL CONSULTANT FEES AND ESTIMATED EXPENSES 3D Model Aft 1 and Aft 2 Total with 3D Modeling TASK DESCRIPTION Pre-Project: Scoping PP 1.1 Scoping/Ciient Scoping Meeting Subtotal of Fees Scoping Phase Task A Project lnitiationtverification/Analysis Total $44 ,600 $44,600 $5,305 $49,905 Task A.1 Task A.2 Task A.3 Task A.4 Task A .5 Meetin : Project Initiation/Kick off -Staff Work Session 1 Gather Base Information I Analysis Meeting : Staff Work Session 2-7/16 or 7/17 Outreach : Public Meeting #1 -7/24 Team Meeting Time , Project Management , Web Site Coord . Subtotal of Fees Task B-Alternative Concepts Task B.1 Create Alternatives/ Prelim . OOM Cost Estimates Task B.2 Meetin : Submittai1/Staff Work Session 3-8/21 Task B.3 Outreach : Block by Block Bus/Prop Owners Task B.4 Modifications Task B.5 Meetin : Submittal 2/Staff Work Session 4-914 Task B.6 Leadership Committee Meeting-actual date TBD Task B.7 Council U date Mt~r 9/16 Task B.8 Team Meeting Time , Project Management, Web Site Coord. Subtotal of Fees Summary Total Person Hours for the Project Total Fees for Base Scope Alternate Add: 3D Modeling 30 model of ultimate build out -1 kit of parts alt. 432 Task Alt.1 Task Alt.2 30 model of ultimate build out -also modeling 2nd kit of parts alt. Subtotal of Fees -Both Alternates (Ait 1 must be completed before Alt 2 can be) Attachment 4 Mi§i¥!M 0 0 2,190 3,850 795 3,520 2,060 12 ,415 17 ,040 795 1,775 5,030 795 530 855 4 ,665 31,485 43,900 3,985 1,320 5 ,305 Council Action Form July 8, 2013 Page2 -"! .. RECOMMENDATIONS: Mayor DiTullio is recommending that Thomas Abbott be appointed to the Housing Authority representing District III. RECOMMENDED MOTION: "I move to ratify the District III Mayoral appointment of Thomas Abbott to the Housing Authority, term to expire March 2 , 2017." Or "I move to deny the appointment of Thomas Abbott to the Housing Authority for the following reason(s) " REPORT PREPARED BY: Bruce Roome, Deputy City Clerk ATTACHMENTS: 1. Application ofThomas Abbott