HomeMy WebLinkAboutStudy Session Packet 04/18/2011
STUDY SESSION AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO City Council Chambers 7500 W. 29th Ave. April 18. 2011 6:30 p.m. Individuals with disabilities are encouraged
to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in advance of a meeting if
you are interested in participating and need inclusion assistance. APPROVAL OF AGENDA .L Staff Report( s) a) Collection of Outstanding Debts b) Prescription Take Back Day c) Child Safety
Fair d) Defining Landscaping in Chapter 15 e) 38th Avenue Corridor Plan Update f) Potential Rezoning of Transit-Oriented Development (TOD) Area 2. GOLD Line RTD Intergovernmental Agreement
3. Business Development Zone and Agreement with Reglera, LLC
", .:' • ,. City of .. 'r?" WheatR!9ge ~MUN I C I PAL COURT TO: Memorandum Patrick Goff, City Manager ~ THROUGH: Christopher D. Randall, Presiding Judge ~ FROM: Kersten Annstrong, Court
Administrator DATE: April 12, 2011 (For April1 8'h Study Session) SUBJECT: Utilization of Private Collection Agency As part of the strategic planning process conducted in April, 2010,
the use of a private collection agency was suggested as a means to collect outstanding fines, costs, and restitution. This program was identified as an objective under Goal 1: City Council
's Financially Sound City Providing Quality Services and reflected as "Collection Program for Municipal Court." The Municipal Court currently has multiple means of collecting fines,
fees, and restitution upon imposition of a sentence by the Court. Certain cases fi led in the Wheat Ridge Municipal Court are eligible for an early payment discount as established by
Court Order and a large percentage of these cases are paid prior to the arraignment dates. Defendants appearing in Court on their scheduled Court dates and reaching a disposition in
their cases are encouraged to pay their total fines and costs immediately. Multiple forms of payment are accepted by the Municipal Court including cash, checks, money orders, and credit
cards. Parties appearing in Court that are not able to pay immediately are assessed an additional fee and provided time to pay. With documentation of their income and expenses, including
a partial payment, defendants may be eligible to establish a payment plan with the Court. If a Defendant defaults, fails to appear or pay, the Court then has further means of collecting
the outstanding fines, costs, and restitution. These sanctions may include, entry of a default judgment with Department of Motor Vehicles (DMV). A default judgment enters a conviction
to the ori ginal charge, assesses points on defendants driver's license and begins suspension proceedings. Secondly, an outstanding judgment may be entered with DMV that places a hold
on defendants driver's licenses and begins suspension proceedings unless the outstanding traffic or juvenile matter is resolved. Thirdly, warrants for failure to appear or pay may be
issued by the Court for most, but not all cases. All of these sanctions result in additional fees being assessed by the Court to the original fines and costs. Even with all of these
encouragements to pay and sanctions for non-payment, the Court has a portion of cases that are unresolved or unpaid. The Municipal Court is recommending that a private collection agency
be one of the final sanctions against parties failing to pay. The cost of collection of the debt will be borne by the Defendant in the form of added collection fees up to
Study Session -Utilization of Private Collection Agency April 12,2011 Page 3 twenty-five percent. Currently, there are approximately eighty-five (85) cases with an estimated $65,000
in outstanding fines, fees, and restitution in active warrant status The State of Colorado Judicial Department and multiple municipal courts within the State of Colorado have implemented
the use of a private collection agency for the collection of outstanding debts with successful results. Implementation of this program would consist of multiple components: (a) the authority
to utilize a collection agency, (b) a request for a proposal process to select a vendor, and (c) computer program upgrades to share information electronically between the Municipal Court
and the selected vendor. -The authority for the State Court to utilize a private collection agency to collect outstanding debt is found in State Statute C.R.S. 16-11-101.6(3) Collection
of fines and fee s-methods--<:harges. It states in part: ''To collect on past due orders offines or fees, the State may employ any method available to collect state receivables, including
assigning such accounts 10 private counselor private collection agencies under section 24-30-202.4(2),C.R.S. Any fees or costs a/the private counselor collection agency shall also be
added to the amount due, but sllch/ees and costs shall not exceed twenty-jive percent a/the amount collected". City of Wheat Ridge proposed Ordinance 2-8 Collection of Outstanding Debt,
has been prepared by the City Attorney's Office for review and potential adoption by the City Council. This proposed ordinance would provide local authority the option to utilize a private
collection agency to collect "outstanding and unpaid fines, costs, charges, restitution or other amounts owed to the City by any person". In order to select a private collection agency,
a request for proposal (RFP) process would be conducted pursuant to Purchasing rules and guidelines under the direction of the Purchasing Department. There would be a cost to the City
in this process consisting of staff hours to conduct the RFP process through conclusion. One of the objectives to this process is to share information electronically versus paper form
with the collection agency selected in the RFP process. There would be a cost to the City in the form of computer reports prepared by American Data Group (ADG) as part of the Court Management
Software Program. The estimated cost of this phase of the project is approximately $5,000. With the first phase of the project being collection of outstanding debts in the form of failure
to pay warrants ($65,000 outstanding), it is anticipated that a conservative collection rate of20% would result in increased revenue collected in the range of $13,000. It is anticipated
that the implementation costs to the City would be offset by the revenue collections within the first six months of the program. Upon success ful implementation of the first phase of
this project, the Municipal Court would refer additional cases with outstanding fines and costs not associated with active warrants. These cases would be in the form of outstanding traffic
matters that are currently in default judgment status or outstanding/judgment warrant status with the Department of Motor Vehicles.
Study Session -Utilization of Private Collection Agency April 12,2011 Page 3 An attempt to contact Defendants with outstanding fines and costs due the Municipal Court would be an important
part of this added collection process. Defendants would receive notification, be notified of the additional fees that would be imposed, and be provided with an opportunity to pay the
total amount due prior to cases being referred to a collection agency. The Municipal Court is recommending that the use of a private collection agency be available as an alternative
method of collecting outstanding fines, fees, and restitut ion. Let me know if you need any further information or clarification. Ikna ATTACHMENTS I. Ordinance 2-8 Collection of Outstanding
Debt
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___ _ Council Bill No. __ _ Ordinance No. =,---__ Series 2011 TITLE: AN ORDINANCE AMENDING CHAPTER 2, ARTICLE I, OF THE WHEAT
RIDGE CODE OF LAWS AUTHORIZING THE CITY TO CONTRACT FOR COLLECTION OF OUTSTANDING DEBTS DUE TO THE CITY WHEREAS. the City of Wheat Ridge (""City"') is a home rule municipality having
all powers conferred by Article XX of the Colorado Constitution; and WHEREAS. pursuant to C.R.S. § 31-15-101 , the City is vested with certain corporate powers, including the right to
enter into contracts; and WHEREAS, the City Council has determined that outstanding fines, costs, charges, restitution and other amounts payable to the City ("debts") represent a loss
of income for the City; and WHEREAS, the City Council recognizes that the City's collection of outstanding debts payable to the City would be a significant drain of the City's resources;
and WHEREAS, the City Council has determined that it is in the best interest of the City to authorize use of the services of a debt collection agency or agencies (or similar business)
to provide for the collection of outstanding debts which are due to the City. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. The Wheat
Ridge Code of Laws, Chapter 2, Article I, Section 2-8 (previously reserved) is hereby enacted to read as follows: SEC. 2-8. COLLECTION OF OUTSTANDING DEBT. (a) FOR THE PURPOSES OF THIS
SECTION "DEBT" SHALL MEAN AND INCLUDE ANY OUTSTANDING AND UNPAID FINES, COSTS, CHARGES, RESTITUTION OR OTHER AMOUNTS OWED TO THE CITY BY ANY PERSON. (b) NOTWITHSTANDING ANY OTHER PROVISION
OF THIS CODE TO THE CONTRARY, THE CITY MANAGER IS AUTHORIZED TO CONTRACT WITH A COLLECTION AGENCY OR AGENCIES (OR SIMILAR BUSINESS) IN ORDER TO COLLECT ANY DEBTS WHICH ARE DUE TO THE
CITY
PURSUANT TO THIS CODE OR ANY OTHER PROVISION OF LAW (c) ANY SUCH CONTRACT MAY INCLUDE A SURCHARGE FOR THE COST OF COLLECTION WHICH SURCHARGE SHALL INCLUDE THE FEES ANDIOR COSTS OF THE
COLLECTION AGENCY. 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. -Section 3. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to _ on this __ day of , 2011 , 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 , 2011 at 7:00 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 day of , 2011 . SIGNED by the Mayor on this __ day of _____ , 2011 . Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved
as to Form Gerald E. Dahl, City Attorney
First Publication: Second Publication: Wheat Ridge Transcript Effective Date:
• City of 'r?WheatF-i9ge ~Oll CE DEPARTMENT TO: VIA: FROM: DATE: Memorandum Mayor DiTullio and City Cou~j Patrick Goff, City Manager -WrO Vx Daniel Brennan, Chief of Police ~ VJ April
8, 20 II (for the April 18 Study Session) SUBJECT: Staff Report -Prescription Take Back Day On April 30, 2011 , the Drug Enforcement Administration is sponsoring the "Prescription Take
Back Day" to assist people in disposing of outdated prescription drugs. The Wheat Ridge Police Department and Exempla Lutheran Medical Center will be partnering to assist in this event
The department conducted a similar event last year, which was well received by the community. The event involves providing a location for people to drop off prescription drugs for disposal.
Police Officers will staff the drop-otT location. DEA agents will pick up the drugs and destroy them. On September 25, 2010, we disposed of over 1141bs. of prescription medication. Many
of the seniors from the community were quite appreciative and requested that we provide this this service periodically. The partnership with Exempla Lutheran Hospital has also been valuable.
A drug disposal box, provided by the DEA, will be set up at Exempla Lutheran Medical Center and monitored by Wheat Ridge Police Officers from 10:00 a.m. to 2:00 p.m. on the hospital
campus. Citizens may anonymously dispose of any so lid medication (with or without the original prescription container) and any liquid medication still in its original bottle. Upon completion
of the event the drug box will be sealed by a police officer and placed into evidence. The sealed container will be turned over to the DEA for destruction. The hospital will have a pharmacist
available for questions and will provide a disposal bin for syringes. The Exempla location was chosen based on their willingness to participate, their central location within the City
and their ability to dispose of syringes. The department felt that citizens are more likely to participate with the disposal site at a hospital rather than the Police Department. The
department will also provide police officers to provide security and answer any questions from citizens. There is limited financial impact from participation with this event; however.
funding exists to pay for officer salaries. The DEA and various partnering law-enforcement agencies, including Wheat Ridge, will release information to the media regarding the event.
The Wheat Ridge Police Department will also post fliers in various public locations advertising the event. The locations will include those frequented by seniors, other health facilities
and phannacies. The DEA website, City website, and Lutheran Medical Center will also be utilized. Please let me know ifyoll have any questions. DB
, , ~ City of '~Wheat~ge J¥r"O lIC E D EPA RTM ENT TO: VIA: FROM: DATE: Memorandum Mayor DiTullio and City Co{\cS Patrick Goff. City Manager-W Daniel Brennan, Chief of Police ~'{tr Apri
I 12, 20 II (for Study Session on 4118/20 II ) SUBJECT: Staff Report -Child Safety Fair The purpose of this staff report is to provide information to City Council on a Child Safety Fair
the department wi ll be hosting on April 30, 201 1 at Wheat Ridge Middle School. The Child Safety Fair is being offered in an effort to increase community awareness of the numerous potential
dangers facing laday's children, as well as an opportunity for the department to reach out to the City's growing Hispanic community members. All of the events and infonnation will be
presented and conducted in Spanish, as well as English. Statistics show that culturally speaking, Latinos are less likely to use seat belts and child passenger safety seats than Anglos,
so extra efforts are being extended to include our community's Latino children as well. April 30 is "EI Dia de los Nifio 's", a Hispanic celebration of children. The fair will be a four·hour
event. The primary focus of the event is the free inspection, disposal and replacement of child passenger safety seats. This wi ll include education on the proper use of car seats. The
event will also include public education in bicycle safety, crime prevention, code and pet issues, and child lD kits. Free bicycle helmets will be available for those in need. Wheat
Ridge Cyclery will be conducting free bicycle safety inspections, and a bike rodeo will further instruct children in the safe operation of their bicycles. There wi ll be a number of
various entertainment activities for children as well. Along with the Police Department, a number of local agencies and businesses are collaborating to assist in this event. A number
of high school volunteers will be assisting. Hispanidad, a local area Hispanic marketing company, is providing three bilingual certified chi ld safety seat technicians. Servicios de
la Raza, Raza, a non profit organization serving the Latino community. is providing another language technician and Wheat Ridge Fi re Department is providing two Engli sh speaking technicians.
The event will open to the public at II :00 a.m. and close at 3:00 p.m. Members of the Wheat Ridge Police Department Crime and Traffic Team and the Crime Prevention Team will also staff
the event. Unserviceable car seats will be destroyed and placed in a dumpster provided by WR2020 to prevent salvage. A drawing wi ll be held to give away two children's bicycles donated
by the Fraternal Order of Police, Lodge 24. The registration forms for the drawing will also serve as a sign-up sheet for inclusion into the department' s POWR network.
Staff Report: Child Safety Day April 12, 2011 Page 2 The department will release infonnation to the media regarding the event and will post fliers in various public locations advertising
the event including schools and churches. The event will also be posted on the city web site and channel 8. The following agencies and organizations are participating in this event:
• • • • • • • • • • Wheat Ridge Police Department Wheat Ridge Fire Department Wheat Ridge 2020 Wheat Ridge CycJery Wheat Ridge FOP Lodge 24 Colorado Department of Transportation l SI
Bank Exempla Lutheran Medical Center Hispanidad Servicios de la Raza There is limited financial impact from participation with this event. COOT has provided grant funds to cover the
majority of costs for the equipment being offered at the event. Funds currently exist in the department's budget to pay for department employees to staff the event, as well as funding
to cover printing costs and food and drink for volunteers. DB
-_ Cityof_ ~WheatP-Ldge ~OllCE DEPARTMENT Memorandum TO: Mayor DiTullio and City Council THROUGH: Patrick Goff, City Manager ~ , ai-/Daniel G. Brennan, Chief o~e~ FROM: Jim Lorentz,
Division Commander Support Services Division DATE: April 12,2011 (ForStudySessionof41181201l) SUBJECT: Staff Report -Defining Landscaping in Chapter 15 ISSUE: Jfef1G Id . Staff recommends
that Counci l consider defining "landscaping" in Chapter 15 (concerning nuisances) to clarify that the City'S Community Service Officers may plUsue nuisance abatement for dead and dying
trees and other specific types of deteriorated landscaping. PRIOR ACTION: None FINANCIAL IMPACT: None BACKGROUND: The City's Community Service Officers (eSOs) are authorized to enforce,
among other things, the nuisance and zoning provisions of the Wheat Ridge Code of Laws (Code). These officers occasionally encounter dead and dying trees and shrubs on private property
that constitute nuisances and require removal or pruning. In such a case, the CSOs currently have two Code provisions under which they may proceed: (1) Code Section 15-15, whieh provides
that "damaged or dead landscaping" is a nuisance; nuisances must generally be abated upon seven days' notice from the City; and (2) Code Section 24-6, which requires property owners
to remove "any dead or dying tree, shrub, etc." upon thirty days' notice from the City. Dead trees and landscaping can present such a nuisance that, in some instances, waiting thirty
days to abate the condition threatens the public health, safety and welfare -for example, when a dead tree or limb blocks the view of traffic for drivers or pedestrians on or near a
roadway. In these cases, it better serves the public safety and welfare to seek abatement of the conditions as a nuisance, as this can usually be accomplished more quickly than prosecuting
a violation of Code Section 24-6.
Staff Report -Defining Landscaping in Chapter 15 April 12, 2011 Page 2 This ordinance defines "landscaping" for Chapter 15 purposes to specifically include trees, shrubs and other types
of living and non-living landscaping. This tenn is currently undefined in Chapter 15, leaving the scope of the tenn subject to argument. ALTERNATIVES CONSIDERED: I) Make no change 2)
Approve changes to ordinance RECOMMENDATION: Staff recommends approval of this Ordinance. ATTACHMENTS: Proposed Ordinance Revision JL
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER _____ _ Council Bill No. ___ _ Ordinance No .. == __ _ Series of 2011 TITLE: AN ORDINANCE AMENDING SECTION 15-4 OF THE WHEAT
RIDGE CODE OF LAWS TO DEFINE "LANDSCAPING" FOR NUISANCE ENFORCEMENT PURPOSES WHEREAS, the City of Wheat Ridge, Cotorado (the "City"). acting through its City Councit (the "Councir),
possesses the authority to enact ordinances for the protection of the public health, safety and welfare; and WHEREAS, pursuant to this authority, the Council has previously enacted Chapter
15 of the Wheat Ridge Code of Laws (the " Code ~ ) concerning nuisances; and WHEREAS, Section 15-4 of said Chapter 15 provides definitions of certain terms for purposes of nuisance enforcement;
and WHEREAS, the Council finds that the deterioration of various forms of vegetation, including trees and shrubs, upon property is capable of constituting an unsightly nuisance and a
detriment or danger to surrounding properties and the public; and WHEREAS, Chapter 15 includes reference to ~ Iandscaping " for nuisance enforcement purposes without defining said term;
and WHEREAS, the Council determines that it is necessary and desirable to define the term ~ Iandscaping n within Code Section 15-4 to clearly define the scope of vegetation that may
constitute a nuisance, including but not limited to, trees and shrubs. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 15-4
of the Wheat Ridge Code of Laws, defining certain words, terms and phrases for purposes of Chapter 15, is hereby amended by the addition of a new definition to be inserted in the list
of definitions alphabetically and to read in its entirety as follows: Landscaping means any living plant or plants, such as trees, shrubs, vines, groundcover, flowers, sod or grass;
and may include natural features, such as rock, stone and bark; and structural features, including, but not limited to, fountains, reflecting pools, art work, screen walls, fences and
benches. Sidewalks, whether paved or gravel, which serve as functional links between parking areas and main structures, or which serve as general public access routes around a main structure,
or between a main structure and a public street or alley, shall not be considered landscaping. Other sidewalks or paths which serve as casual access to or through landscape areas may
be considered nonliving landscape features. •
Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it
is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience
and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. 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. Section 4. Effective Date.
This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to
on this __ day of , 2011 , 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 ,
2011 , 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 day of , 2011 . SIGNED by the Mayor on this ____ day of _________ , 2011 . ATIEST: Michael Snow, City Clerk First Publication: Second Publication: Wheat Ridge Transcript Effective
Date: Jerry DiTullio, Mayor Approved As To Form Gerald E. Dahl, City Attorney 2
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER _____ _ Council Bill No. ___ _ Ordinance No. :-:::-:;:-;-; _ _ Series of 2011 TITLE: AN ORDINANCE AMENDING SECTION 15-4 OF
THE WHEAT RIDGE CODE OF LAWS TO DEFINE "LANDSCAPING" FOR NUISANCE ENFORCEMENT PURPOSES WHEREAS, the City of Wheat Ridge, Colorado (the "City"), acting through its City Council (the "Council"),
possesses the authority to enact ordinances for the protection of the public health, safety and welfare; and WHEREAS, pursuant to this authority, the Council has previously enacted Chapter
15 of the Wheat Ridge Code of Laws (the "Code") concerning nuisances; and WHEREAS, Section 15-4 of said Chapter 15 provides definitions of certain terms for purposes of nuisance enforcement;
and WHEREAS, the Council finds that the deterioration of various forms of vegetation, including trees and shrubs, upon property is capable of constituting an unsightly nuisance and a
detriment or danger to surrounding properties and the public; and WHEREAS, Chapter 15 includes reference to "landscaping" for nuisance enforcement purposes without defining said term;
and WHEREAS, the Council determines that it is necessary and desirable to define the term "landscaping" within Code Section 15-4 to clearly define the scope of vegetation that may constitute
a nuisance, including but not limited to, trees and shrubs. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 15-4 of the Wheat
Ridge Code of Laws, defining certain words, terms and phrases for purposes of Chapter 15, is hereby amended by the addition of a new definition to be inserted in the list of definitions
alphabetically and to read in its entirety as follows: Landscaping means any living plant or plants, such as trees, shrubs, vines, groundcover, flowers, sod or grass; and may include
natural features, such as rock, stone and bark; and structural features, including, but not limited to, fountains, reflecting pools, art work, screen walls, fences and benches. Sidewalks,
whether paved or gravel, which serve as functional links between parking areas and main structures, or which serve as general public access routes around a main structure, or between
a main structure and a public street or alley, shall not be considered landscaping. Other sidewalks or paths which serve as casual access to or through landscape areas may be considered
nonliving landscape features.
Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it
is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience
and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. 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. Section 4. Effective Date.
This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to
on this __ day of , 2011, 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 ,2011,
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
day of , 2011. SIGNED by the Mayor on this ___ day of ________ , 2011. ATTEST: Michael Snow, City Clerk First Publication: Second Publication: Wheat Ridge Transcript Effective Date:
Jerry DiTullio, Mayor Approved As To Form Gerald E. Dahl, City Attorney 2 \
", ~.. • r Cityof. T¥ Wheat &ege .JVc'"OMMUNITY DEVELOPMENT TO: THROUGH: FROM: DATE: SUBJECT: Memorandum Mayor and City Council Patrick Goff, City Managerl)} J.j j) Kenneth Johnstone,
Community Development Director rv Sally Payne, Senior Planner April 6, 2011 (for April18, 2011 Study Session) 38th Ave. Corridor Plan Thirty-eighth (38th) A venue between Wadsworth and
Sheridan is one of five priority areas for reinvestment and revitalization in Envision Wheat Ridge, the City' s Comprehensive Plan. That plan recommended the City develop a specific
corridor plan for 38th Avenue. The corridor is also a high priority investment area in the City's Economic Development Strategic Plan. WR2020's strategic plan places a high priority
on 38th Avenue. In late 2009 they commissioned a market study and revitalization assessment of 38th A venue from the Department of local Affairs (DOlA) and Downtown Colorado Inc. (DCr).
The final report recommended developing a more detailed vision and corridor plan, as well as considering potential modification to the street that might improve pedestrian and bicycle
access and safety. Ln August 2010 City Council approved a supplemental budget appropriation for the purpose of hiring consultants with expertise in conducting traffic and roadway design
analysis in conjunction with development of a 38th Ave. Corridor Plan. rn December 2010, Entelechy Design was hired to assist the City with the necessary studies and analysis for a corridor
plan. Participation from property and business owners as well as residents in close proximity to the corridor is critical for a successful planning process. To ensure participation from
these groups, a Mayoral appointed Stakeholder Committee was formed. In addition to property owners, businesses and residents, the Stakeholder Committee includes members of City Council
and Planning Commission as well as other partners in the community such as WR2020, Exempla lutheran Hospital, Jefferson County School District and liveWell Wheat Ridge. The first 38th
Avenue Stakeholder Committee was held on March loth. At this meeting, the consultant team gave an overview of the planning process and then broke the Committee into three groups to discllss
issues and opportunities for the 38th Avenue corridor. The groups generally agreed that the corridor needs to be more pedestrian friendly accommodating other modes of transportation
than just vehicles. Also, a unique identity needs to be developed that makes 381h A venue different than other similar " Main Streets" in the Denver area. There was the desire for a
more diverse mix of retail and commercial uses such as restaurants, coffee shops and book stores with uses clustered in nodes along the corridor.
38th Avenue Corridor Apri l 18,2011 Page 2 In addition to the Stakeholder Committee meetings, three public meetings will also be held. The first public meeting was held on March 15th
with approximately 70 people attending. After a presentation on the planning process and schedule by the consultants and a presentation by LiveWell Wheat Ridge on their mission and goals,
the attendees were broken into groups to do a visioning exercise. The groups were asked to discuss issues such as what 38th Avenue's role should be in the City/region, what about the
existing character of the corridor should be preserved and/or rehabilitated, what type of retail and housing uses would be appropriate and what should the character of the street be.
Responses from the groups were similar to the Stakeholder Committee including a desire for 38th Avenue to accommodate pedestrians and bicycles more safely, the need for more shopping
and dining opportunities and also the need to have a theme or something special about the corridor to attract people to it. Concern was expressed that any changes made do not force existing
businesses to leave. There is also a desire to maintain adequate vehicular access and parking Finally attendees at the meeting wcre asked to respond to a visual preference survey for
the corridor to find out people's desires in temlS of streetscape, residential bui lding types, gathering spaces and retail storefronts. Responses showed that people preferred active
streetscapes with outside seating and dining, vegetation and planters, and pedestrian-friendly amenities. The preference for residential buildings was brick construction with traditional
architectural details. For gathering spaces or parks, responses were for spaces with multiple amenities such as tables, chairs, lighting, paths and ample landscaping and vegetation.
The next steps involve developing alternative corridor scenarios based on input from the meetings and results of the traffic analysis, as well as input from a Potential for Change land
use analysis prepared by staff. That analysis identified properties that might have the greatest likelihood for redevelopment. The traffic analysis looks at the feasibility of reducing
the number of traffic lanes, taking into consideration issues such as traffic diversion, projected future traffic volumes and traffic operations. These alternatives will first be presented
at the Stakeholder Committee meeting on May 11th and then to the public at the May 17th meeting. With input from these meetings, a preferred alternative will be selected and refined
which will include land use recommendations, the roadway design, urban design considerations and branding and marketing ideas. The final meetings to present the preferred alternative
are anticipated to be held in July or August. Staff will be present at the April 18th City Council Study Session to answer any questions and take Council's comments. If you have any
questions prior to the Study Session, please contact Sally Payne, Senior Planner at 303-235-2852 or Sarah Showalter, Planner 11, at 303-235-2849.
. . , ..... " .. City of • ~WheatRLdge TO: THROUGH: FROM: DATE: SUBJECT: Introdu£tion Memorandum The Mayor and City Counci~.A Patrick Goff, City ManageJJ:T J ) j Ken Johnstone, Community
Development Director ~ Sarah Showalter, Planner II April 8, 2011 (for April 18 study session) Potential Rezoning ofTransit·Oriented Development (TOO) Area :Oem. /. f . In September 2010
City Council adopted new mixed use zone districts. The mixed use zoning encourages higher-density. mixed use development and allows for a streamlined. administrative review process.
In writing the mixed use code, planning staff held meetings with property owners in priority redevelopment areas of the City. These areas, identified in Envision Wheat Ridge, are: (1)
Wadsworth between W. 38th and W. 44th Avenues (2) KiplinJi north of W. 44'h A venue (3) W. 38 Avenue between Sheridan and Wadsworth (4) The future transit-oriented development (TOO)
area at Ward Road commuter rail station (Northwest Subarea) At meetings with property owners in 2010, 2010, staff asked for input on the topic of City-initiated legislative rezoning.
A legislative rezoning could benefit property owners by re-entitling their land at no cost, while allowing for any existing use or business (even those that become nonconforming under
the mixed use zoning) to remain in perpetuity and, in most cases, expand. Property owners in the four target areas expressed a range of interest in the concept of a City-initiated legislative
rezoning, with a fair to high level of interest in most areas. At a City Council Study Session in June 2010, staff recommended that, of the four priority areas above, the City consider
moving forward with a legislative rezoning of the Wadsworth corridor and the TOO area. Staff suggested waiting to proceed with any rezoning on W. 38th Avenue until the Corridor Plan
is complete, and did not feel there was enough immediate development pressure or property owner interest on the Kipling corridor to proceed with a legislative rezoning at this time.
Because there was the highest level of property owner support on Wadsworth. sta~T recommended starting with this area first. To that end. City Council adopted a resolution in March to
initiate the rezoning of the Wadsworth corridor and the process is underway. With the finalization of the
Intergovernmental Agreement (lOA) between the City and RTD for constmction of Ward Road commuter rail station, and due to expressed interest from at least two property owners in the
TOO area, staff proposes to pursue a potential legislative rezoning of this part of the City as well. Staff recommends following the same process utilized on Wadsworth, as outlined below.
Proposed Process and Property Owner Outreach The first step in the process would be to schedule a meeting and invite property owners in the proposed rezoning area (17 total owners).
This meeting would provide an opportunity for staff to share the final version of the mixed use zoning -specifically the Mixed Use-Commercial TOO subdistrict that was designed for this
area. At the meeting staff would explain the reasoning and potential benefits of a legislative rezoning and have a discussion with property owners, allowing them to ask questions and
express concerns. At the meeting, just as with the Wadsworth corridor, staff would distribute a survey survey to all property owners that allows them to stale support or opposition for
a City-initiated rezoning. In order to reach as many property owners as possible, staff would also send the survey in the mail (as was done for the Wadsworth corridor). Once property
owners have responded, staff would share the results with City COWlcii in a Study Session and discuss how to proceed. Requested Feedback Staff is requesting approval from Council to
hold the property owner meeting on May 4, 20 II and would also like feedback on the proposed process. Attachments: I. Proposed Area to be considered for rezoning to MU-C TOO 2
Attachment 1: Potential R.,.oni"~~~C.~~1 * Plamed Station Platform ..._ .. , Potential Rezoning Area i_.-! City of Wheat Rktge Boundary
• , < ~' < ~ City of • ~~Wheat&"'dge ~AoMINISTRATlVE SERVICES TO: THROUGH: FROM: DATE: SUBJECT: Memorandum Mayor and City Council rA Patrick Goff, City ManagerJJj-Heather Geyer, Administrative
Services DirectorlPIO Joyce Manwaring, Director of Parks and Recreation April 18, 2011 Mosquito Control Management for 2011 Since 2002, cities located in Jefferson County have entered
into an Intergovernmental Agreement with the County to fund a mosquito control program, targeting the West Nile Virus. In 20 I 0, due to budget constraints, Jefferson County Public Health
eliminated the mosquito management control program indefinitely. The cities of Arvada and Lakewood have also decided to eliminate the program and are choosing not to do any control independently
of the County. Based on complaints that the City has received in the past regarding mosquitoes along the Greenbelt, staff recommends continuing treatment of two water bodies that are
prime breeding areas which include: Creekside Park retention pond, Johnson Park Park pond and the wetlands located south of Bass and West Lake in the Greenbelt. The cost of this treatment
is approximately $3,000. The City has contributed an amount not to exceed $7,000 as part of the County IGA in the past. These funds are currently appropriated in the 20 II budget. Unless
otherwise directed, staffwill move forward with the recommended mosquito control . program as outlined above. /jm & hg
", ..... • ~ City of 'fV!:WheatRLdge ~PUBLI C WOR.KS Memorandum TO: Patrick Goff, City Manager -.Dh FROM: ....----, Tim Paranto, Director of Public Works /~ DATE: April II , 2011 SUBJECT:
Gold Line RTD Intergovernmental Agreement The 2004 votcr approved FasTracks Plan required that local agencies contribute 2.5% of1he costs of the various elements of the commuter rail
program. The Gold Line is currently under design and is estimated to cost $517M. The local agencies through which the Gold Line will be constructed (Denver, Arvada, Wheat Ridge, Adams
County) must collectively contribute $12,925,000. The loeaJ agencies arrived at an equitable method of allocating the local contribution using the length of the rail line within the
agencies and the cost of the rail line construction within the agencies. The City's contribution was calculated at $1,481 ,000. The City Staff is finalizing the negotiation of the attached
intergovernmental agreement which identifies the important elements of the Gold Line construction project within Wheat Ridge and the proposed City financial contribution to the Gold
Line Project. The agreement also outlines the process for approving and constructing the project. • The City will build a regional storm sewer from Ward Road to approximately Simms Place.
This stonn sewer is estimated to cost $1.5M. The construction of the stonn sewer will fully satisfy the City's obligation for the Gold Line. • The Ward Road Station will be designed
to allow development of the adjacent properties as contemplated in the Northwest Area Sub-area Plan. • RTD will cooperate with the City if structured parking is warranted for the TOO
in the future. • 50th Place will be constructed through the Ward Road Station site to connect with Ridge Road. • A new street, Taft Court, will be constructed from 50th Place to 52nd
Avenue. • All raiV street intersections will be constructed to "Quiet Zone" criteria. The City has a $750,000 grant scheduled with the Urban Drainage and Flood Control District for construction
of drainage improvements on the Arvada Channc.l in 2013. Staff has begun discussions with the District to advance the grant to 2012 and use it to assist in the constnlction of the storm
sewer needed for the Gold Line Project. The grant would reduce the City'S direct contribution to the Gold Line to approximately $750,000. It is anticipated that construction will begin
on the Gold Line this year, with the rail commuter opening fortraffic in 2016. ATTACHMENT: I. Draft lOA with revisions
~ ~ "g-«-,,\j\:; t; I ~ " -' -' 1 i ! ! ..... _,_ .. _,j _ .. __ .. _ .. -! i I i i ,-,,-,, -,, -" -52NO AVE t ,~z ! ,-,-, = "-"-'-"-'j i i i i ! i L .. _.. ,_.. _.. _.. .. ...i r-"-'-'-"-'-'-l
i i i i iL ,_,_,_,_,_,_. . _.Ii ""' ,-"-"-"="'-"-' ! ! i l._ .. _ .. _ .. _ .. _ , _, ~ " -'--" -.. -"-' i ! I RTO PARKING I ! i II WARD ROAD STATION I i i t ~ 52NOAVE ,,-;0;,;.,, -,,-,,1'
i !"I City of Wheat Ridee LfQfND jun'-__ • .....,... ... ~ '--~.. -"--'. ---" __ O"".e>!O""'" 1tOW3:DQT ~-oy.,"", 0 -0 -·-, _c:_ItI ... ~N -----_--.... -----------------...-----South
Boundary: Wesl491b Ave, East Boundary: Independence St. W* E S Feet 500 250 0 i'ievIzocnt ll D_&III cI. N_o ,_"_. " z"'"-'''0'S ..0.2 '''_. v."... DIII.I ..... HAVDM -""" ..-___. ..
._,---_ •_ _• ......... --....,-"~_c.,. -~ .. ._... _n.-=.--_-.~-....... ._.~.....-.._. _.-. -.-.-...-_ ..... ... TIIa __ _ -_... . _--_ .... -.... -.,-. ..-.....---.__~.·_ __.-.-_._,.
.. ...... .0.1 ...,.... ___ ... C_ iIJ ----_ .... _.. ul a..1 : RiLigc i w..~. . Itr-t9-.c-o~ ~-i' DATE. 03.'1712(111 I if
• • Transit Oriented ____ ~~~~·L-~I~ Cl1n: .. School r '/Or Jl1ge I n cli c atc~ ~_ xternal .-\L'CL' '''''' Pnnd" Current R1 D Park & R~·:-;,--t~"'-''''','! r..,.. ~ll WHEAT RIDGE NORTHWE
ST SU B-AREA PLAN 1\ )tenr iaJ RT IJ Parking Locat ion.., Figure 8: Preferred Land Use Map 28 • R.)/.Iu In .... \ U\L" ..... ~lh'" • " """" rurlcU1>: • "~J,It'" 11.;::h J.-"~'I\ ,. ..
,..1.:111 1.11 I " " drn'll\ n-.... I.nlu] ' 1 .. 110", ]',ukmlt ~ lpc Inn • l'llh ... · llo:N toJu .. ln.u 1'.uL t)p.n,p." .. I\J.' l n~n I'ull l\oI ... l n_HI I'.uht ,,,,,mu.lI'"''
.-\n ada ru turL' :-' lcclium .1Ild I--_High I\:n"ity DCI'l:Jnrmcnt I\' ith R iclge Road ,11lL! 521ld ,-\ \ L' Pede"t r i.1n l on nection St,lt ion A rC ~1 &: Hu.., lirn liJr ion ')()rh
A I'L'n ue OI1 Ill:C t Hl ll ~
"-56THCR "'"" City of Wheat Ridge ! " 54TH LN },fILL&.i Sr ~ Gold Line Exhibit a '9, " '1> 54TH DR •" "", a " " '" " S4TH PL w ~ • • '0 ~ •" z 54rHAV • 54THAV ~ • 53RO Pl r-··-·_·-'t
~ I Z LEGEND ~ 53RD PL ----r-"l ! --D !tOW.CooT Q t; _ ' J.""," Z " , • u D -o a j I . . . ~ Z < D -" ~ 0 53ROAV • ! L .._ .. -~ ... " . ~ ,~" ~ 52NO PL I ! " ----------" . , G u , ,
..J f>'.>~o~ \ :::--__ ~," -~ ~ I ! ! l __ ~ --..---" -__ "'_0"' __ -0 . I 52NOAVE i-52NDAVE I --~ ! RIDGE ROAD I TRIBUTARY ~~ , South Bounda ry: West 49th Ave. East Boundary: Independence
St. I ,, L i N W* E , , , ;:;:--::--1 ~ ! S ~;GEROAO I ..--: ---~ i 1\ rlI Feel TRIBUTARY i I '.000 500 0 ...-: !_ .. .. _ .. .. _ .. -lonti [)io;m; J"3 mJ. A.". ! --liP"ONDA l ~POND
:l ~ 12: Colorado C...nI lon. 0502 !c;.-OPTION "A" OPTION "B" v.....,. On"m: "4AVDU CHANNEL --"" 1lI1IkI ~ llIIn!W:lOE' ! _10. _____ ..... _,_ ... __ r ·" IlOFRONTAGERO U ~....=:=.::...~;=~-~
_1Woo," _e..w"CoIo.odo . • .....,....-.... ...... -.. CoIoQOo . ........... ""._---.. ~ _n.._ ... . _011_ .... _ I11 -...,..._. . "'"~ ___ _ ....,110 _____ .. ... _ ~ ___ ro, •• .....-_
n.o"-" .. _ ~""'_"" ... CilI' 110 we 'rfNV .. _rwoo_...,. ..... __ .... _ ._ <&'<~ , --.. _ .... _... _ ... ""-.. ... ....--:::::: --"i70-~n-_ "........M< .... ~ .--:-c __ , or I ~ atR.tsclge
!ZIt:I 1::1 " ~ 7SOOWo1I2*" ......... VMIIoOlRi<li'!,CO_' """," 303.2:W,!IIIDCI DATE. 031171201 1 i I j o ~
DRAFT April 7 2011 wi RTD updates CITYDF WHEAT RIDGE GOLD LINE CORRIDOR LOCAL AGENCY CONTRIBUTION INTERGOVERNMENTAL AGREEMENT THIS CITY OF WHEAT RIDGE GOLD LINE CORRIDOR LOCAL AGENCY
CONTRIBUTION INTERGOVERNMENTAL AGREEMENT (this "IGA") is made and entered into this __ day of """"",,-;;;;;;;;0-;:"""'-::-'::::::::-" 2011 (the ' Effective Date") by and between the
CITY OF WHEAT RIDGE ("City"), a home rule municipal corporation of the State of Colorado organized pursuant to Article XX of the Colorado Constitution, and the REGIONAL TRANSPORT AllON
DISTRICT ("RTO"). a political subdivision of the Siale of Colorado organized pursuant to the Regional Transportation District Act, C.R.S. 32-9-101, 81 seq. The City and RTD may hereinafter
be referred to individually as a ·Party" and collectively as the "Parties". RECITALS A. RTD is statutorily authorized to develop. maintain, and operate a mass transportation system for
the benefit of the inhabitants of the district; B. The City is authorized by its Charter and RTD is authorized by its enabling statute to enter into this IGA; C. Pursuant to the Colorado
Constitution. Article XIV, Section 18(2)(a), and C.R.S. 29·1·201. et seq. the Parties may cooperate or contract with each other to provide any function. service or facility lawfully
authorized to each, and any such contract may provide for sharing of costs; D. RTD is authorized to implement the tmJltlmodal public transportation expansion plan that was adopted by
RTD's Board of Directors ("Board"), approved by voters on November 2. 2004. and approved by the Denver Regional Council of Governments as per the requirements of C.R.S. 32·9-107.7 ("FasTracks
Plan"); E. Based on voter approval and contingent upon the receipt of federal funding or credit assistance, essential elements of the Project and a source of funding have been identified;
F. RTO proposes to construct the Gold line commuter rail corridor, consisting of commuter rail transit connecting Denver Union Station in Denver with Adams County. Arvada, Wheat Ridge,
and Ward Road, identified in the FasTracks Plan and more fully described in the in the Final Environmental Impact Statement dated August 2009 and the Record of Decision (the -ROO") executed
by the Federal Transit Administralion ("FTA") on November 2, 2009 (the "Project"). The City supports RTo's efforts to design and construct the Project, and has agreed to cooperate with
RTo in regard to these efforts; G. RTo and Denver Transit Partners, LLC ("DTP" or "the Concessionairej entered into a Concession and Lease Agreement on July 9, 2010 (as amended. the
"Concession Agreemenr), pursuant to which the Concessionaire is to design. construct. operate and maintain the Project, among other elements of the FasTracks Plan. H. The FasTracks Financial
Plan assumes and requires a two and one-half percent (2.5%) local agency contribution from local jurisdictions in the district in consideration for the construction of transit improvements
that will benefit the City and its citizens; and I. The Parties have determined the necessity for this IGA concerning the rights and obligations of the Parties with respect to the City's
local agency contribution for the Project and the implementation of the Project in the City. 1 of 18 DrafI Gold li'lfl Conidol' Intergovernmental Agreemenl -Wheal Riclge Rev.ADOII2291\
, , , , I I Deleted: April 11. 2011
DRAFT April 7 2011 wi RTD updates AGREEMENT NOW, THEREFORE, in coosideration of the foregoing premises and for other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the Parties agree as follows: 1. GENERAL. 1.1 Recitals. The recitals set forth above are incorporated herein by this reference. 1.2 Acronym, and Abbreviations.
The following acronyms are used in this IGA: a. ABE: Advanced Basic Engineering 30% Design Plans dated March 2009, Addendum dated AuguSI2009, and RFP Addendum X drawings dated February
2010 b. BNSF Burlington Northern and Santa Fe Railroad c. CDOT: Colorado Department of Transportation d. CRT: Commuter Rail Transit e. FEIS Final Environmenlallmpact Statement dated
August 2009 f. FFGA: FTA Full Funding Grant Agreement g. FRA: Federal Railroad Administration h. FTA: Federal Transit Authority ;. IBC: Intemational Building Code, 2006 Edition as amended
by the City j. IGA: City of Wheat Ridge Gold line Conidor local Agency Contribution Govemmental Govemmental Agreement k. NEPA: National Environmental Policy Act I. OSP: UDFCD Outfall
Systems Planning Columbine Basin dated December 1994 m. PUC: Public Utilities Commission o. RFP: Request for Proposal o. RFQ: Request for Qualifications p. ROD: Record of Decision executed
on November 2, 2009 q. RTO: Regional Transportation District r. TOO: Transit Oriented Development s. TWG: local Jurisdiction Technical Working Group 2 of 18 Or.tt Gold LkIe Corridor
Intetpemmental Agreement -'Wheal Ridge Rev.AIl!1 12 20 1~ , , , , , { Deleted: Apill' , 2011
DRAFT April 7 2011 wi RTD updates I. UOFeD Urban Drainage and Flood Control District 1.3 Alignment. The Project Alignment ("Alignment") is generally depicted on Exhibit A, Concessionaire's
Proposal Drawings of Gold line Corridor Alignment. The Alignment is a depiction of the alternative selected during the FEIS/NEPA Process and based on NEPA required mitigations included
in the ROD and other factors. 1.4 Exhibits. The following exhibits are attached hereto and inCOf'porated herein by this reference: a . Exhibit A: Concessionaire's Proposal Drawings of
Gold line Corridor Alignment; b. Exhibit B: Regional Drainage Improvemenls-Plans and Cost Estimate; c. Exhibit C: CRT Trackway Clearance Envelope: d. Exhibit 0: IGA Plans -ABE incorporated
herein by this reference (but not attached hereto, due to its size). Applicable portions of the ABE where it is within City limits are attached hereto and incorporated herein by this
reference. In addition, the IGA Plans will also include changes made to the ABE that incorporate the resolution of the City's comments that were included in the ROD; e. Exhibit E: f.
Exhibit F: g. Exhibit G: RTD Proposed Change -Ward Road Station; Property Conveyance; Permanent Easement Form; h. Exhibit H FasTracks Stakeholder Participation Policy adopted by the
Board in 2007 (the "Participation Policy"); i. Exhibit I: Schedule of City Codes; j. Exhibit J: Expedited, Customary, and Exempt Permit Requirements 1.5 Compliance with FFGA. The Project
will be federally funded and costs incurred by RTD, including design and construction costs incurred by and credited to the City as part of the Local Agency Contribution (as defined
below), must comply with the terms of any FTA FFGA that RTO receives for the Project, and with all other applicable laws and regulations. 2. COORDINATION. 2.1 Concessionaire and Other
Contractors. The City agrees to coordinate and cooperate with the Concessionaire and all other RTO consultants, contractors and subcontractors and each of their respective consultants,
contractors and subcontractors (collectively, ·Contractors,,) conceming the performance of RTD's obligations hereunder and agrees to coordinate its efforts with the Contractors and RTo,
as appropriate. The City acknowledges that RTo can and will delegate to any Contractor the duty to perform certain of RTo's obligations hereunder; provided, however, that RTD wilt not
delegate its obligation to collect payment(s) from the City, if any. 3 of 18 Draft Gold Lne Corridor Intergov&mmenlel Agreement _ v-.t\.aat Rklge Rev. AprH 12 2011. __ , ,, , , , {c
D:el=eted=: Ap=ril!=! , 2"011-_-----'
DRAFT April 7 2011 wI RTD updates 2.2 Concessionaire Duties. With the e)(ception of collecting payment(s) from the City, if any, the Concessionaire may perform any or aU of RTD's obligations
under this IGA including without limitation, the design and construction of the Project; coordination with the Cily for exchange and approval of design plans, specifications. design
criteria, and traffic control plans, as described herein; interfacing of construction schedules with the City, as necessary; application for applicable City permits; coordination of
Cily construction inspections; coordination of relocation of any City-owned utilities in conflict with the Project; negotiation of any Betterments (as defined below) requested by the
City in connection with the Project; traffic control plans; and operation and maintenance of the Project. 2.3 Utility Providers. The City will coordinale and cooperate with aU utility
pro .... iders affected by Project construction and treat permits requested by utitity owners as Project Permits (as defined in Section 9.1 below) for the purposes of re .... iew periods
and expedited proceSSing of such utility permits in accordance with the Permits Section of this IGA, provided, however, that utility owners will apply for and pay aU oosts of such utility
permits. The City will also cooperate with utility pro .... iders in the pro .... ision, if necessary, of water. storm sewer, sanitary sewer. and other utility service connections at
Project passenger stations and other pOints of conned ion, all as mutually agreed upon by the Parties. 3. LOCAL AGENCY CONTRIBUTION. 3.1 Total. The total local agency contribution required
for the Project is two and one-half percent (2 .5%) of the cost of the Project.. The cost of the Project for the purposes of establishing the local agency contribution is Five Hundred
and Seventeen Million Dollars ($517 ,000.000) in year of expenditure dollars. Therefore, the total local agency contribution is Twelve Million Nine Hundred Twenty Five Thousand DoUars
($12,925,000). to be shared by and between the City, City of Arvada. City and County of Denver, and Adams County and, accordingly, the City's local agency contribution is $1,481 Million
Dollars ("Local Agency Contri bution"). 3.2 Payment. The City will satisfy the Local Agency Contribution through oonstruct.ion of the regional drainage system more particularly described
in Section 4, below, which is necessary for the Project and funded by the City or other funding sources (exclusi .... e of any Betterments). The City will be credited for the Local Agency
Contribution upon oompletion of the construction project. 3.3 Other Expenditures. All other expenditures required to complete the Project or other costs associated with the Project are
the sole responsibility of RTD or parties other than the City. Funds submitted to RTD by the City pursuant to this IGA, if any, will be used only for the Project. 4. LOCAL AGENCY CONTRIBUTION
CREDIT. The following specified expenses will be credited toward fulfi llment of the City's Local Agency Contribution: 4.1 OSP Drainage Conveyance System. RTD is required to make drainage
improvements to mitigate the impacts of the Project. on the area drainage basins. RTO has prepared preliminary designs for a drainage system along the Projed alignment which is meant
to maintain existing drainage pattems. The City and other partnering agencies have regional drainage improvements planned in the vicinity of the Project that wm be impacted by the Project.
which plans area attached as ... #.( Deleted: (the ' OSP') Ext\ibij B, OSP Drainage Conveyance Systefll.._ _ _ _ _ _ _ _ _ _ _ _ _ _ ____ _ 4 of 111 Oraft Gold Line COfTidor lnle<lIOvemmOfltal
Agretlment -VVheat FUdge Rev. &00112 2011. _ _ _ _ ,, , { Deleted: April ". 2011
DRAFT April 7 2011 wi RTD updates The City agrees to design and construct the drainage conveyance system outlined in the asp, subject to modifications locating it on the south side of
the tracks, from Ward Road to the City boundary east of Simms Place. The Parties acknowledge and agree that (i) the City's construction of the asp will satisfy RTD's requirement to construct
similar facilities as part of the Project; (ii) RTD will relocate, if required, an e»sting sanitary sewer main and a natural gas main whien are in conflict with the construction of the
asp along the south side of the railroad right-of-way; and (iii) the costs of designing and constructing the asp will satisfy the City's local agency contribution. The City anticipates
rompleting the conslructioo of the asp by November of 2012, subject to RTD's oompletion of the relocation of the conflicting utilities by March 2012. The Parties agree to work cooperatively
with each other, and with the Concessionaire and UFCDD to (i) design the Project and the asp to minimize conflicts >Mth existing utilities, and to (ii) finalize a construction sd1edule
and minimize impacts to each other's construction projects. Further description of project drainage improvements and additional regional drainage improvements are discussed in Section
6 'Specific Design Requirements' and Section 7 'Betterments' and maintenance responsibilities in Section 13 'Operation and Maintenance'. 4.2 Other Funds Contributed. Funds received by
the City from outside sources that are nol otherwise available to RTO and that are not a grant match paid by RID, and that are contributed toward the design and construction of the asp,
whether grants. gifts. or other types of receipts, whether required to be matched or not. and whether from federal, state, local regional or private sources, shall be credited toward
the City's fulfillment of its Local Agency Contribution, 4,3 Because the City's entire local match will be satisfied with the construction Conveyance System, reconciliation of the City's
fulfillment of its Local Agency Contribution '1 not be required. The City's estimate for design and construction of the OSP drainage system is attached as Exhibij B. 5. GENERAL DESIGN
CRITERIA, 5.1 Applicable Law, The Project design and construction will comply with state and federal law, including requirements of the Wheat Ridge Code of Laws, and Federal Railroad
Administration ("FRA") Track Safety Standards, and will incorporate any mitigations described in the ROD. 5,2 Transit System Elements, Certain Project elements are transit elements that
are crucial to CRT system operation, compliance with NEPA documentation, and/or compliance with FTA or FRA requirements (collectively, "Transit System Elements"), City permitting requirements
will not apply to Transit System Elements constructed within the CRT trackway dearance envelope boundaries as depicted on Exhibit C, CRT Trackway Clearance Envelope, or to certain Transit
System Elements that are constructed outside the boundaries of the CRT trackway clearance envelope on RTD Project property. Transit System Elements indude, without limitation, trackage,
prefabricated traction power substations, prefabricated signal houses, prefabricated communications houses, and noise and ballast walls. Plans provided by RTo or the Concessionaire for
Transit System Elements are for information purposes only, and are not subject to the City's review fees or processes. Plans provided by RTO or the Concessionaire for the Station, street,
traffic control, stormwater improvements, utility relocations, and erosion control are subject to the City's review and permitting processes. Although Transit System Elements are not
subject to review or permit fees, all materials brought into the City are subject to City Use Tax. 5 0118 Orall GokI Line COlridor InlllfOOllernmental AlIr~ent -'MIeaI Ridge Rev. ADril12
201 L ; I Deleted: April!l . 201 t
DRAFT April 7 2011 wi RTD updates 5.3 Design Cdteria. RTD will design and oonslruct the Project in aCCOfdance with the Concession Agreement. As more particularly described in Section
5.2 above, RTD will design Project or Project·related improvements that will be owned and maintained by the City according to lhe City Design Standards, unless a variance or waiver is
granted by the City. All updates and amendments to the design criteria referenced herein will be provided to the other Party in a timely manner. 5.4 Impact Mitigation. RTO agrees to
mitigate all impacts outlined in the Gold Une FEIS, ABE and ROO including the resolution of the City's comments that were included in the ROO. This also includes unidentified impacts
thai may be discovered as the design, land use approvals, and oonslruction of this project continues. The concessionaire is required to perform a preconstruction survey which will involve
the City. 5.5 Building Code. RTO will design and construct all building structures requiring a building permit from the City in accordance with the IBC. 6. SPECIFIC DESIGN REQUIREMENTS.
In accordance with the ROD and City comments during the FE IS, the following essential elements of the Project have been identified but are subject to change, based on discussions during
lWG and Focus Group meetings during Ihe project design review period: 6.1 Electric Multiple Units ("EMUs" ). RTo will operate Electric Multiple Units on the Project. The City will permit
RTD to construct or authorize construction of utilities related to the operation of the Corridor. 6.2 Ward Road Station Surface Par1l:ing and Access, a. Opening Day parttlng: RTD will
construct paved surface parking which meets RTo park-n·ride criteria to accommodate two hundred ninety (290) surface parking spaces for 15 minute peak headways at the Ward Road Commuter
Rail Station for Gold line opening day per the ROO, and will acquire sufficient property rights prior to opening day to construct one hundred fifty (150) additional surface parking spaces
at the Ward Road Commuter Rail Station for 2030 Station expansion. Per RTD Transit Access Guidelines and parking management program. RTD will conduct monthly park-n-Ride utilization
surveys and at such lime as the parking at this Station is ninety percent (90%) utilized. RTD wi1l increase the amount of parking at this Station to the «0 spaces that are planned for
this Station and outlined In the ROD for 15 minute peak headways. b. Parking EXDansion: RTO will continue to conduct the monthly park-n-Ride utilization surveys and al such time as the
parking al this Station is ninety percent (90%) utilized. RTD will Increase the amount of parking at this Station by an additional 150 spaces to a total of 590 spaces. If the headways
are changed to 7.5 minute peak headways, then RTD will increase the amount of parking at this Station to the 700 spaces that are shown for this Station in the FEIS for 7.5 minute peak
headways. All parking win be paved in accordance with City Codes. All additional parking required will be constructed within ninety (90) days of the detenninalion of need. Should the
additional parking be required in the winter outside of the normal paving season, then a temporary gravel parking surface will be anowed for up to six (6) months to allow for paving
during the next paving season. c. Station Ac;:c," and Street Grid System: RTOJConcessionaire will design !he Station configuration. parking. and acx:ess to IbIJow the street grid system
outlined in !he City's 6 of 18 ar.tt GaIcIlroe C«ridor 1n1.00v.......nlal A;reement -Wheal RIdge Rev ADrI I2 201 ~ •• • . (~-~~,~",~,.~,~,.~"~''~'===J
DRAFT April 7 2011 wi RTD updates Northwest Subarea Plan, as shown on Exhibit D, IGA Plans, as modified by Exhibit E· "RTO proposed change, Ward Road Station". RTD will coordinate with
the City to insure the station is designed and constructed in such a manner that the City can finish design, purchase Right-of-Way, and construct 10 complete the Northwest Subarea Plan.
RTD will design and construct the Taft Court station access per Exhibit S. "RID ~ropose9 _Chang~ ~ WaJd Road". In _addition, Rm wiJI design and construct 50th Place between Ward Road
and Tabor SlreetIRidge Road to provide vehicle and pedestrian connectivity to meet the grid system in the City area plan. Improvements will include: 1) widening of the existing roadway
to allow for an attached sidewalk, rum, gutter. and enough asphalt along the south side of the existing pavement to accommodate two 10' wide lravellanes as well as two bike lanes for
the COI1nedion from the station to the 50tI Place I Ward Road intersection within existing roadway right-of-way; 2) construction of the 50~ Place /Ward Road intersection with 12' wide
vehicolar travel lanes only to both accommodate the traffic mitigations outlined in the ROO and stay within existing right-of-way; and 3) a complete street build-out through the station
10 Tabor StreetlRidge Road intersection per City standards as defined in the Wheat Ridge Streetscape Design Manual, induding on-street parking, bike lanes, buffer/amenity zones, and
sidewalks. The Parties will work oooperatively to design Taft Court and 5Qro Place to minimize utility impacts. Further description of maintenance responsibilities is discussed in Section
13 'Operation and Maintenance'. 6.3 Ward Road Station Sto nnwater Facilities. Rl D will oonstruct stonnwater facilities, induding stann sewer, in accordance with City Standards for the
Ward Road Station as part of the Project. The design of the Ward Road Station facilities will allow the system to tie into OSP Drainage Conveyance System. Reference Exhibit 0 , IGA Plans,
for the location and oonceptual deSign of the Ward Road Station Stormwater Facilities. Further description of maintenance responsibilities is discussed in Sectiof1 13 'Operation and
Maintenance'. Water quality and detention forWard Road Station may be provided at the stalion or at the Ridge Road Tributary Interim Stormwater Pond, or at a combination ofbolh locations
6.4 The City and other partnering agencies will be constructing convey I in the asp for the Northwest Subarea. Because of the location of the CRT tracks on the north side of the 8NSF
tracks, the asp has been redesigned from Ward Road to the City boundary east of Simms Place to be localed on the south side of the BNSF tracks. RTD will construct the Local Drainage
Conveyance System to convey the flows under the CRT and BNSF tracks from north to south to avoid adversely impacting the properties north of the CRT tracks and upsizing the drainage
system while CRT is operational. The OSP ""';11 be designed and constructed to have the capacity necessary to convey the OSP flows to the City boundary east of Simms Place. The l ocal
Drainage Conveyance System will tie into the CSP. Reference Exhibit D, IGA, Plans for the location and conceptual design of the improvements. All culvert crossings between Ward Road
and the City boundary east of Simms Place shall be designed and constructed to collect stormwater on the north side of the CRT tracks and convey " , it to the OSP on the south side of
the lracks. These culvert crossings will be sized based on It!i J' exisf ng 1 DO-year flows and any add'tional flows from the development of the Stal ion and streets '-, -constructed
with the Project. " , 6.S Ridge Road Tributary Interim Stonnwater Pond. In order to mitigate potential impacts to downstream properties due to the increased flow across the track corridor
from increased drainage system capacity, RTD will construct an interim stormwater pond and acquire property as required for the needs of the pro;ect west of Parfet Street downstream
of the discharge point near the Xcel substation. The Interim Stormwater Pond near the Xcel Substation shall be 7 0118 Dfan GokI Line Corridor lnlerpemmenl.1 Agreamerrt -'MIe1l1 Ridge
Rev. Apa! 12 2911. , , , , c.n..n.nt PDI}: TNaeU\itlll Wft need 10 IlIVIMd 10 ahcw T.n COUIt .. • eon'I.,... tIrMt 10 52"" AV8f\Ue. c--t (lDZ): llIiIlMftIO _ not.~-" doIuIIenIto ._ ........
4.a I-gn "."..'.1.I.1 Im did not Deleted; fI";ommefld,l1ions made ~ the ted"lnleal memorandum Deleted: -Gold LIf1e Ward Road Staliorl End 01' line Dretnll!le Oetign AIIemetives' IIIat
was included ~ the EAGLE P3 RFP end Included ~!he ABE dnr" .... III. for !he Febru..-y 2010 RFP addendum MIlO show the irnt.n-n d,.,. convey.-.oe system Deleted; April I! , 2011
DRAFT April 7 2011 wi RTD updates designed to minimize property and environmental impacts to expedite the approval process of the FlA. Alternative channel designs will be investigated
to determine options to minimize outfall to the Interim Stormwater Pond to reduce environmental impacts. 6.6 At-Grade Crossings, RTD will oonstrud at-grade crossings with associated
roadway improvements within the City as oullined in the ROD, FEIS and IGA Plans. RTD will worK with the City on refinements to these at-grade crossings and roadway improvements during
discussions in the lWG and Focus Group meetings held throughout the project design period. The interface between Ridge Road and current design of CRT and BNSF tracks will be further
investigated for safety requirements. Reference Exhibit D, IGA Plans, for the location and conceptual design of the improvements. Further desaiption of maintenance responsibilities is
disa.Jssed in Section 13 'Operation and Maintenance', RTD wilt design and construct at-grade crossings at right-of-way intersections within the City to include Miller Street, Parfet
Street, and Tabor Street in accordance with mitigation measures and City comments contained in the ROD. The design will include improvements of the streets to complete streets in accordance
with City Standards to accommodate vehicular, pedestrian, and bicycle users. This may include realignment to match existing and proposed right-of-way. RTD will make every effort to reduce
vertical grade breaks during the design process to provide smooth, safe roadway profile for drivers while avoiding unsafe freighUCRT alignments. In addition. each grade crossing at Ridge
Road intersections witt be signalized with appropriate preemption time and interconnected with both freight and commuter rail signal systems for additional driver and passenger safety.
6.7 Quiet ZQnes. At-grade intersections listed in the above "At-Grade Crossings' are to be designed and constructed to allow for elimination of train hom noise. RTD will assist the City
in applying applying for Quiet Zones along the Gold line Corridor. RTD witt pay for all at-grade crossing improvements outlined in Section 6.6 to address safety and noise impacts thai
are required by PUC/federal guidelines. This includes designlinstattation of traffic signals (per City standards) adjacent to the CRT and BNSF tracks and traffic signal interconnect
with rail system. The design of these crossing signals witt include improvements to widen the roadway width or add sidewalk. Reference Exhibit 0 , IGA Plans, for the location and conceptual
design of the improvements. Further desaiption of maintenance responsibilities is disa.Jssed in Section 13 'Operation and Maintenance'. 6.8 . RTD will construct Ward Roadl52'" Avenue
traffic signal improvements as outlined i I and ROD when warranted. In addition, at Ward Road/SOil Place, RTD will signalize the intersection when a traffic signal is warranted. Temporary
traffic conditions will be evaluated during construction to detennine if any temporary traffic mitigations are required at that locatioo. Since Ward Road is also State Highway 72, all
worto:: will need to be coordinated with COOT. 6.9 Project Property. The City will grant or convey to Rm land, permanent easements, and aa:ess rights that are required to implement the
Project. Subject to final design for the Project, the following real property interests have been identified as potentially being required for the Project, reference Exhibit F, Property
Conveyance, for the kx:ation of the properties: a. Ridge Road at Tabor Street. A portion of the existing right-of-way for Ridge Road on either side of Tabor Street is needed to accommodate
the westbound CRT track entering the Ward Road Station. The City will grant to "RTD a permanent easement aloog the south side of a of 18 Dran Gold Line CorridQr In~O\/emmental Agrf!emenl
-Wheat Ridgl!! RI!!V. April 12 201\. , { Deleted: April 11 , 2011
DRAFT April 7 2011 wi RTD updates Ridge Road right-ot.way pursuant to a Permanent Easement in substantially the form attached hereto as Exhibit G, Pennanenl Easement Form. 6.10 Utitities
Relocation. If relocation of public utilities (including but not limited 10, electric, gas, sewer, water, cable or telephone lines) is necessitated by the Project, RTD will notify the
City and the City will cooperate with RTD to seek such relocation at no or minimal cost to RTD, including by exercising any contract, legal, or other rights not inconsistent with existing
utility agreements. 7. BETIERMENTS. If the City secures sufficient funding , the following Betterments may be constructed in conjunction with the Project: 7.1 Definition. For purposes
of this IGA, "Bettermenr means any element of work not included in Exhibit 0, the IGA Plans, and not othelWise required by federal or state law or by those City codes, ordinances, policies,
or regulations in accordance with subsection 8.2. In addition, work elements that result from the City's land use processes as discussed in subsection 10.5 will not be considered betterments.
7.2 Project Betterments: a. Northwest Subarea Structured Parking. The City's Northwest Subarea Plan and Comprehensive Plan propose TOO in the vicinity of the Ward Road Station. The surface
parking as proposed by RTD uses valuable land adjacent to the Stalion. The City would prefer that the parking be structured and combined with parking for the TOO to better utilize the
land and accommodate TOO. If the City is able to make funding arrangements to build a parking structure, the Parties agree to enter into a subsequent agreement governing their respective
rights and responsibilities regarding cost allocation, shared ownership, use, operation and maintenance of the joint parking structure. b. Ridge Rqad Tributary Regional Stormwater Pond.
During the FEIS and ABE review and comment period, the City identified a non-funded regional stormwater pond project, Ridge Road Tributary Regional Stormwater Pond, outside the Project
that could be used by the Project in place of the Ridge Road Tributary Interim Stormwater Pond. tfthe City is able to secure funding for the Regional Stormwater Pond prior to completion
of the 100% design review for the Project, and is able to complete construction of the Regional Stonnwater Pond so as not to adversely impact RTD I DTP's construction schedule, RID agrees
to contribute to the Regional Pond pro;ect a proportional match based on the cost saved by not building the interim pond to the cost of the regional pond. If the City secures funding
for a Regional Stormwater Pond after the 100% design review. the Parties agree to amend this IGA or to enter into a subsequent agreement governing their respective rights and responsibilities
regarding cost allocation, ownership, use, operation and maintenance of the Regional Stormwater Pond. 7.3 Payment. If the City requests that RTO construct any Betterment, the City (or
any third party that has agreed with the City in advance to be responsible for payment) will pay all expenses incurred, including without limilalion, incremental deSign, delay and/or
mainlenance costs to RTD of the Betterment. Before agreeing to construct any Betterment, RTO will evaluate the technical feasibility of and costs associated with the Betterment to ensure
there will be no adverse impact to the Project schedule or budget and, if RTO determines that there is such an adverse impact, RTO may, in its sole discretion, deny the City's request
for the Betterment. 90118 Ofaft GokIllne Comdor InlergO'o'emmenlal Agreemenl-Wheal RidGe Rev.AOOI12, 201k _________ _ ,, , [, ' .. ~.~ .. , -~,~~~,~,,~~~,~, -------' ,
DRAFT April 7 2011 wi RTD updates 7.4 City Costs. The City, in its sole discretion, may choose to pelform work concurrently or in coordination with the Project, provided that the City
will bear all costs for such work, including incremental design and/or delay costs to RTD, and will coordinate with the Contractors 10 avoid interference with the Project construction
schedule. If the City requests and RTD agrees to perfOffTl concurrent work by and through the Contractors, the City will bear the costs, if any. of incorporating the City's design into
RTD's design and construction senedule and of any additional work performed by RTD at the City's request. 8. DESIGN PLAN REVIEW APPROVAL 8.1 Review Periods. RTD/Concessionaire will submit
"Formal Plan Submittals· to the City both at a sixty percent (60%) complete, (hereinafter referred 10 as the Intermediate Submittal), and a one hundred percent (100%) complete. (hereinafter
referred to as the Final Submittat). The City will provide RTD/Concessionaire their standard design review checklist to assist in providing a thorough submittal for the City review.
The City will be responsible for only reviewing specific segments consistent with their City boundaries. The City will have one month or thirty (30) calendar days (equivatent to approximately
twenty-two (22) wortl:ing days) from the date of receipt of such "Formal Plan Submittals· to submit review comments. The City will be included in regularly on-going lWG and Focus Group
meetings to have an opportunity to see the design evolve, be part of design process, and have an opportunity to review & ask specific design questions. Prior to the "Formal Plan Submittals·,
the Concessionaire will provide additional opportunities for the City to review and become familiar with the design by having Periodical Design Review Meetings (PDRM) also known as Stop
and Plot Meetings. The meetings will be scheduled approximately one month prior to the "Formal Plan Submittals· and fourteen (14) calendar days before the meeting the Concessionaire
will submit the current drawings to the City to have opportunity to took at the design and prepare themselves with comments/questions to be addressed during the meeting. This review
step prior to the "Fonnal Plan Submittals· will provide the City with approximately forty-four (44) calendar days of additional review lime leading up 10 the "Fonnal Ptan Submittals·
and help in facilitating the City review process and staff scheduling for review. This will allow a tolal of efghty-efght (88) calendar days for pre-submittals (14 days per pre-submittal)
and IntermedialelFinal Submittals (30 days for both InlermediatelFinal Submittals) to one-hundred (orty-elght (148) calendar days (includes 30 calendar days leading up to formal submittals)
of having lhe design available to the City to address comments/questions on design at lWG and Focus Group Meetings or formal comment/response at "Formal Plan Submittals· in order 10
achieve Final Approval (Rev 0 Plan Set). The Concessionaire's submittal and review process is summarized in the following matrix: Plan Submittal Description Matrix Stop & Plot Plans
Intermediate Stop & Plot (pre-6O%) SUbmittal (60%) (pre-lOO%) Stop & Plot Meetings will be Although the Eagle Similar to pre-6O% Stop & scheduled approximatelv Project covers Plot transmittal.
Meetings 0"' month prior to the multiple will be scheduled formal "'" submittal. urisdictional aporoximatelv one month lOaf 18 0nII Gold U'Mo CorTliW Int~ Agre.nem -~ Ridge Rev. Am 12.
201 \, final Submittal I' .... ' Although the Eagle Project covers multiple I lurisdictional , , {t D.e=leted=: A"pr,il-1"1,,-2"0"1,1-__ , ,
DRAFT April 7 2011 wi RTD updales Current at the time, design boundaries, it is will ·stop'" and drawings DTP's Intent to will be "plotted" and follow the City transmitted to the City
14 process for formally calendar days prior to submitting the meeUng_ The City will use Intermediate (60% this time to become familiar complete) design with the deslg" drawings for Plan
review and and make notes. At the comment. Written Stop & Plot Meeting. the comments re<:eived design witl be reviewed In from the City will be Its entirety and comments addressed by
DTP will be recorded In the form per the established of meeting minutes. The City process. meeting minutes will be Issued after the meeting. It Is DTP's Intent to t ransmit a comprehensive
Stop & Plot package, however, the package/meetings may be subdivided Into Civil, Structures, and Stations. prior to the formal 100% submittal. Current at the time, deSign will "stop"
and drawings will be ·plotted" and transmitted to the City 14 calendar days prior to meeting. The The City will use this time to become familiar with the design drawings and make notes.
At the Stop & Plot Meeting, the deSign will be reviewed In its entirety and comments will be recorded In the form of meeting minutes. The meeting minutes will be Issued after the meeting.
This Is also an opportunity for the City to review DTP's incorporation of responses to comments received on the 60% submittal. boundaries, It Is DTP's intent to follow the City process
for formally submitting the Final (100% complete) design for Plan Approval. Written comments received from the City will be addressed by DTP per the established City process. DTP's desired
approach Is to respond to written comments and reflect the Incorporation of the response In a Revision 0 Plan Set for flnal Approval. 8.2 Design Change •. Requests by the City fO( design
changes will comply with the Exhjbit H, Participation Policy. RTD will implement design changes required by City codes, ordinances. policies, and regulatiorls in effect at the lime of
Intermediate Submittal design review. In addition, RTD will comply with any post-design-review amendments made to City codes. ordinances, policies, and regulatioos so long as such amendments
are necessary for firel1ife safety compliance at the time of permitting. For the purposes of this IGA, City Codes will be limited to the codes listed on the attached Exhibit I, Schedule
of City Codes. 8.3 Objections. In the event of an objection by the City to any design plans or specifications. the Parties will meet in a timely manner and in good fa1th to resolve the
objection. RTO win not, however, be obligated to implement design changes not required by federal, state, or local law, City Design Standards, or conditions of any City land use approvals
as of the Effective Date of this Agreement. 9. PERMITIING PROCESS. RTD or its Contractors will apply for all applicable permits necessary for construction, operation, and maintenance
of the Project ("Project Permits") in accordance with this Section. Except as otherwise provided herein, applicable City permitting requirements will apply to all Project elements constructed
within the City except those elements constructed within the Project's CRT trackway clearance envelope, see Exhibit C, CRT Trackway Clearance Envelope, as more particularly provided
for in Section 5.2 above. Nothing herein will be construed as committing the City to issue permits or accept any plans for construction or other related work or work product that does
not meel applicable codes, ordinances, policies, regulations and any variances granted to the Project in accordance therewith. The City will not unreasonably withhold, conditioo, or
delay any Project Permits. 11 of 18 [)qft GoIi:I LIM Corrtclor Interp8fTlll'lefUl ~ 'MIeat Ridge Rev. AprI12 201 \, , , ,{ Deleted: Apil11 . 2011
DRAFT April 7 2011 wi RTD updates Except as otherwise provided in this IGA, applicable City permitting requirements, as indicated on Exhibit J, Expedited, Customary, and Exempt Permit
Requirements. will apply to all Project elements constructed on property within the corporate boundaries of the City. 9.1 Project Pennits. RTO or the Contractors will apply for all applicable
Project Permits, including land use applications and building permits, necessary for implementation of the Project fProject Permits") and aU fees customarily charged by the City for
the Protect Permits will be identified and directly paid by RTD or the Contractors. Reference Exhibit J, Expedited, Customary, and Exempt Permit Requirements, for the fees for the Project
Pennils. 9.2 Right-of-Way Permits. RID and the City will mutually determine the reasonable time penod(s) that construction of the Pro;ect wiU impact City rtghts-of-way, the "Impact Period(s)",
which RTD will include in the contract documents issued to the Concesslooaire. The City, through the normal course of its review, will issue the Contractors right-of-way pennits and
the associated permit fees will be directly paid by RTD 0( the ContractOl'S. Reference Exhibit J, Expedited, Customary, and Exempt Permit Requirements, for the fees for the Right-of-Way
Permits. The duration of the rightof-way permits will be the Impact Period(s) plus a grace period of ten percent (10"10) of that time (the "Permit Period"), If the impact of the Project
on City rights-of-way has not ceased or will not cease prior to the expiration of the Permit Period, the Concessionaire will apply for a new 0( amended permit and any time it occupies
the right-of-way beyond the Permit Period will be charged to and paid for by the CoolractOl'S. 9.3 Review PrQ(:ess. Upon design plan completion for any portion of the Project, RTD will
provide the City with one
hundred percent (100%) submittal plans for that portion ("Submittal") and the City will conduct and complete a review of the Submittal for compliance with its permitting codes and site
development standards within thirty (30) calendar days (approximately twenty-two (22) working days) of receipt. Any approved Submittal will constitute the City's permitting set for reference
when issuing Project Permits. Certain Project elements included in any Submittal will not be subject to a second review at the time of permitting but will be deemed to have been approved
for permitting by virtue of the City's review and approval of the Submittal. At the lime of permit application, RTo (or its Contractor) will supply the City with the appropriate permit
application but, ralher than supplying a plan for review, will instead make reference to the corresponding page of the Submittal that had previously been approved by the City. Provided
that the application and the Submittal correspond, the City will issue the permit without further review. In order for the City to confirm prior approval of any such expedited Project
elements, RTo will make reference in jts permit application to the page or pages of the permitting set that contains the Project element requested to be permitted. Any plans listed on
Exhibit J, Expedited, Customary, and Exempt Permit Requirements, are in addition to Submittals if such information needed for the permit is not included in the Submittal. 9.4 Zoning
and Land Development. The provisions of Ihis Section, regarding scope, process, submittals, and timing of reviews, will not apply to zoning changes, land development of the Slalion,
including associated parking, and other Improvements, and property boundary changes that may be required for implementation of Ihe Project. These land use processes will be accomplished
in accordance with the City's standard procedures and ordinances, including necessary public hearings. 10. CONSTRUCTION AND FIELD ENGINEERING; REVIEW AND INSPECTION. 10.1 Start Work.
RTD will notify the City in writing seven (7) days prior to the date for the start of work for any portion of the Project that is located within the boundaries of the City. RTD 12 of
18 (lr8ft GaIcI u-.. Conldor ~ AgtMtI'IMI-'Mloat RlcIge Rev A1r1112 201\ ,, ,, , Deleted: April II, 201 I
DRAFT April 7 2011 wi RTD updates will invite the City to any pre-construction conferences and other Project construction meetings. No work will be done in City rights-of-way by RTD
or its Contractors without approved plans and applicable permits. In addition, no work. will be done within the boundaries of the City without an approved Stormwater Management Plan
from the City. 10.2 Construction Easements. Temporary construction easements required by RTD on property owned or controlled by the City thai are necessary for implementation of the
Project will be requested by RTD in the final design plans and considered on a site-specific basis. Construction easements will be granted al no cost to RTD and pursuant to a Construction
Easement. RTD will restore City property burdened by a Construction Easement to substantially the same condition it was in prior to RTo's use of the property. Construction easements
will not interfere with the City's intended use of the property and will not be granted if found to impact impact public safety or to not be in the best interest of the City. 10.3 City
Inspector. The City may have an inspector present in the construction area whenever City-permitted construction activities are being performed within the City. To facilitate orderly
inspections and prevent the need for dual inspections, the City will coordinate its inspections, in accordance with its standard policies and procedures, through RTD. City inspectors
will be required to adhere to all RTo and Concessionaire safety requirements. The City will not give direction to the Concessionaire except with respect to the Concessionaire's compliance
with terms and conditions issued with Project Permits; otherwise, any direction will be provided through the RTo project liaison or assignee. 11. BUSINESS AND RESIDENT INTERRUPTION.
Before and during construction, RTD will provide public information support, including conducting stakeholder briefings, preparation of information in response to media requests, and
notification to the public public of upcoming work by signage, flyers, notices, and regular construction updates, copies of which will be provided to the City. RTD will work cooperatively
with the City to minimize disruptions to city business activities within the City and will submit construction work schedules in advance of construction when working within City limits.
12. FINAL INSPECTION AND ACCEPTANCE. 12.1 Notice. RTo will inform the City when City-permitted Project elements or elements to be owned and maintained by the City, if any, have been
completed and are ready for final inspectiorl. Any such final inspection will be attended by RTD, the City, and the Concessionaire. RTD will be responsible for directing any corrective
work relating to deficiencies. Once all such corrective work is complete, RTD will notify the City and the City will have fourteen (14) calendar days to give written notice of acceptance
or rejection of work. 12.2 As-Built Drawings. RTD will comply with City requirements regarding as-built drawings for all property within the City limits affected by implementation of
the Project. 12.3 Warranty. RTD will assign to the City all Concessionaire warranties for all work performed by the Concessionaire that will be owned and maintained by the City. RTo
will warranty from the date of acceptance by RTD of all work performed by the Concessionaire that will be owned and maintained by the City in accordance with the City's warranty standards
as set forth in Article II of Chapter 210f the Code of laws, and incorporated herein by this reference as if fully set forth herein. landscaping work on City-owned property will be warranted
and maintained by RTo during the warranty period for not less than two (2) years from the date of acceptance. 13 of 18 0rafI Gold Uno Conldor IntervcwemmenllJ "0"""",,"1-"""08\ Ridge
Rov.ADri!12 2Q1\, _ ,, ,, ; { Deleted: April 11, 2011
DRAFT April 7 2011 wi RTD updates 13. OPERATION AND MAINTENANCE. 13.1 RID Responsibilities. Except as otherwise provided herein, RID win operate and maintain the Pro;ect in conformity
with applicable federal, stale, and local laws, rules, and regulations and with the requirements of those entities having jurisdiction over the project or its c:ompooent parts. Reference
Exhibit p, IGA Plans, for the location and conceptual design of the improvements. The following additional requirements wiU apply: a. Local Drainage Conveyance System. RID will maintain
all irnproYements associated with this drainage system including those elements thai are designed to oonvey the flows that are within the CRT trackway dearance envelope. b. Ridge Road
Tributary Interim StonnWiller pond. RTD will maintain an improvements associated with this stonnwater pond needed for siormwater disdlarge resulting from the Project. c. RTD will maintain
any guardrail installed aloog Ridge Road belweerl Tabor Street ill . In addition, the street right-of-way between the Gold Une right-of-......ay and the back of the curb or edge of pavement
adjacent to the guardrail will be maintained by RTD. d. At-Grade Crossings. RTD will obtain all applicable permits and will pay the rosts associated with the maintenance of crossings
gates, panels, other CRT warning devices, and other improvemeots with the CRT trackway clearance envelope on Ihe City" streets in accordance with applicable regulations. e. Quite Zones.
In operating and maintaining the Project, RID will take the actions necessary to provide, inslaD, and maintain, at no cost to the City", any neN safety and quiet zone equipment mandated
by state or federal regulatory agency with jurisdiction OWl" the Project. 13.2 City Improvements. The City will own and maintain any structures or improvements, including Ward Road Station
access built to City street standards per Section 6 of this IGA, constructed by RTO on property owned or controlled by the City that are unrelated to operation of the Project but necessary
to accommodate the Project, except as provided elsewhere in this IGA. 13.3 Additional Agreements. The City and RID may enter into a subsequent intergovemmental agreement for any shared
maintenance responsibilities. The possible agreements may include maintenance of the Ridge Road Tributary Regional Stormwater Pond. 14. ASSOCIATED COSTS. Costs associated with changes
to City property that the Parties agree are solely the result of implementation of the Project will be the responsibility of RTO, unless they are a part of the City's fulfillment of
its Local Agency Contribution. Such costs include but are not limited to all costs related to the reconstruction, realignment, or maintenance of the City streets during construction,
temporary and permanent traffic control, and modifications to drainage. Associated costs will not include the costs of any Betterments (as defined in Section 7, above). 15. PROJECT LIAISONS.
15.1 £!!y. The City's projectllaison will coordinate the exchange of documentation, plan review and approval, construction inspection, and any other similar activities with the City
14 of 18 Or.n Gold I..M Corridor In1erpIlfMllN'l\lll AQre«nent _ 'MIeaI RlcIge Rev AId 12 201 L • . •• {Deleted: Apilll. 2011
DRAFT April 7 2011 wi RTD updates required under this IGA. Wheat Ridge's Engineering Manager, or duly authorized delegate, is the City representative authorized to make and be responsible
for City approvals required hereunder. 15.2 RTO. RTO's project liaison will coordinate the exchange of documentation, plan review and approval, construction inspection, and any other
similar activities with RTD required under this IGA. RTD's Project Manager, or duly authorized delegate, is the RTD representative authorized to make and be responsible for RTD approvals
required hereunder. 16. DISPUTES. Disputes will be initially resolved between the project liaisons. If the respective project liaisons are unable to resolve the dispute, they will document
the basis for dispute, either independenlly or together, and forward such information to senior management in accordance with the following escalation process: (i) RTD FasTracks Senior
Implementation Manager and the City's Public Works Director, (ii) Assislant General Manager for Planning and Development for RTD and the City's Public Works Director, and (iii) the RTD
General Manager and the City Manager of Wheat Ridge. 17. LIABILITY. As between the Parties, and without either the City or RTD waiving any of the rights and protections provided under
the Colorado Governmental Immunity Act, C.R.S. Sections 24-10-101 to 120, each Party hereto will be responsible for its own negligence and that of its agents and employees in the performance
of this IGA. If either Party is given notice of claim or suit against or involving the other arising from the implementation of this IGA or the design or construction of the Project,
it agrees to give the other Party prompt written notice of such claim or suit. 18. APPROVAL BY CITY COUNCIL AND THE BOARD. This IGA is expressly subject to, and will not be or become
effective or binding on the City or RTD until approved by the Wheat Ridge City Council ("City Council") and the Board, respectively. In addition, the Parties expressly acknowledge and
agree that this IGA is subject to the ROO and contingent upon federal funding or credit assistance. 19. APPROPRIATION BY CITY COUNCIL AND THE BOARD. This IGA does not commit any present
funding by either Party. Implementation of this IGA implies future financial commitments by both Parties subject to approval by the Board and the City Council and subject to each entity's
legally required budgeting, authorization, and appropriation process. Any and all obligations of the City and RTD under and pursuant to this IGA which require funding are subject to
prior annual appropriations of funds expressly made by the City Council and the Board, respectively, for the purposes of this IGA. Nothing herein will be construed by either Party as
a multiple fiscal year obligation as described by Article X, Section 20 of the Colorado Constitution. 20. NO INTERFERENCE WITH PROJECT IMPLEMENTATION. The City will not conduct or knowingly
approve any activity that would unreasonably interfere with, impact or compromise the design, construction or operations of the Project (collectively, an "Impact"). Notwithstanding the
foregoing, prior to engaging in, or permitting others to engage in, any activity that may be an Impact, the City will provide written notice to RTo of the proposed activity. RTD will
determine, in its sole discretion, if any such activity constitutes an Impact. 21. MISCELLANEOUS. 15 of 18 Draft Gold Line CorTi<lor Intergovernmental Agreement -'MIeat Ridge Rev. April
12 201 1. __ _ __________ _ ,, , , I ~= D=ele=ted=: Aj-lI"i"IU,=, 20.1c1 _--' ,
DRAFT April 7 2011 wi RTD updates 21.1 Merger. This IGA represents the entire agreement between the Parties with respect to the subject matter hereof and all prior agreements, understandings
or negotiations will be deemed merged herein. No representations, warranties, promises or agreements, express or implied, will exist between the Parties, except as stated herein. 21.2
Amendment. No amendment to this IGA will be made or deemed to have been made unless in writing executed and delivered by the Party to be bound thereby_ 21.3 Governing law. This IGA will
be interpreted and enforced according to the laws of the State of Colorado, the ordinances of the City, the applicable provisions of federal law, and the applicable rules and regulations
promulgated under any of them. Venue for any action hereunder will be proper and exclusive in Jefferson County District Court, Golden, Colorado. 21.4 Term and Termination. This IGA will
commence on the Effective Dale and will remain in effect until terminated in writing by the Parties or by court order. All provisions of this IGA that provide rights or create responsibilities
for the Parties after termination will survive termination of this IGA. 21.5 Authority. The Parties represenlthat each has taken all actions that are necessary or thai are required by
its procedures, bylaws, or applicable law to legally authorize the undersigned signatories to exeaJte this IGA on behalf of the Parties and to bind the Parties to its terms. 21.6 Severability.
To the extent that this tGA may be executed and performance of the obligations of the Parties may be accomplished within the intent of the IGA, the terms of the IGA are severable, and
should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure will not affect the validity of any other terms or provision
hereof. 21.7 Waiver. The waiver of any breach of a term hereof will not be construed as a waiver of any other term, or the same term upon a subsequent breach. 21.8 No Third Party Beneficiaries.
II is expressly understood and agreed that enforcement of the terms and conditions of this IGA, and all rights of action relating to such enforcement, will be strictly reserved to the
Parties hereto, and nothing contained in this IGA will give or allow any such claim or right of action by any other or third person under this IGA. 1\ is the express intention of the
Parties to this IGA that any person or entity other than the Parties receiving services or benefits under this IGA be deemed an incidental beneficiary only. 21.9 Changes in Law. This
IGA is subject to such modifications as may be required by changes in city, state or federal law, or their implementing regulations. Any such required modification will automatically
be incorporated into and be part of this IGA on the effective date of such change as if fully set forth herein. 21.10 Independent Contractors. The Parties hereto are independent contractors
and not partners or joint venturers of one another. 21.11 Conflict of Interest. No officer, employee or agent of RTD, nor any member of ils Board, nor any member of Congress, nor any
olher public official or employee of the goveming body of the locality or localities included within the district, during his or her tenure, or for one (1) 160f1 8 Drat\ Gold l ine Corridor
Il'It .... govllmmenial Agre\!'ll1l.Nlt -Wheat Ridge RlIv. "00112 291 L _______________________________ __ , , , ,{ Deleted: April 11 . 2011
DRAFT April 7 201 1 wi RTD updates year thereafter. will halle any personal pecuniary or property interest, direct or indirect, in this IGA or the proceeds hereof. 21.12 Paragraph Headings.
The captions and headings set forth in this IGA are for convenience of reference only and will not be construed so as to define or limit its terms and provisions. 21.13 Counterparts.
This IGA may be executed in counterparts. Signatures on separate originals will constitute and be of the same effect as signatures on the same original. Electronic and faxed signatures
will constitute original signatures. 22. NOTICES. Except as may be specifically required herein, all communications required by this IGA will be made in writing , via U.S. Firsl Class
Post. e-mail, or facsimile, to the following individuals (or their delegates), who will be the project liaisons for their respective organizations: To the City: Copy to: ToRTo: City
of Wheat Ridge Steve Ngu~en , PE, Engineering Manager 7500 W 29 Avenue Wheat Ridge, Colorado 80033 80033 Phone: (303) 235-2862 Facsimile: (303) 235-2857 e-mail: snguyen@ci.wheatridge
.co.us XXXXXX Gold Line Corridor Engineering Project Manager Ashland Vaughn, P.E. Regional Transportation District 1560 Broadway, Suite 700 Denver, Colorado 80202 Phone: (303) 299-6986
Facsimile: (303) 299-2452 e-mail: ashland.vaughn@rtd-fastracks.com Project liaisons may be changed or additions made at the discretion of each Party by written notice to the other Party.
IN WITNESS WHEREOF, the City and RTo have executed. through their respective lawfully empowered representatives, this IGA as of the day and year above written. ATTEST: By: cM~ic~h~a~e~'
S~n~o~wc------------------City Cieri<. CITY OF WHEAT RIDGE By: J,ce=rry~D~IT~u~"i~oc--------------------Mayor, City of Wheat Ridge RECOMMENDED AND APPROVED: 11 of 18 Draft Gold Line
COfric!or Inlergovernme nlal A\!reemeo1-Wheal Ridge Rev, Aprll2 20\t. __ _ ,, , { Deleled: April II , 2011
DRAFT April 7 2011 wi RTD updates APPROVED AS TO LEGAL FORM FOR RTD: By: """""'-c----------Kate Iverson Associate General Counsel Date: ___________ _ By: P~a~ln~·c~k~G~o~ff----------City
Manager, City of Wheal Ridge REGIONAL TRANSPORTATION DISTRICT By: ,;:mc:-;;-;;-;:::;;:;::;::-----Phillip A. Washington General Manager 180118 Dfaft Gold Line CorTi<Ior Intergovernmental
Agreement -lM\eat Ridge Rev.ADfi!12201L _ , { Deleted: April!! , 2011 , -==="'-"'="-------' ,
• _ • City of !V!:Wheat&.....dge ~OFFICE Of THE CIn' MANAGER TO: THROUGH: FROM: DATE: SUBJECT: Memorandum Mayor and City Council f'\ A Patrick Goff, City ManagerJJtj' Steve Art, Economic
Development and Urban Renewal Manager @.; April 12, 2011 (For the April 18, 20 11 Study Session) Business Development Zone and Agreement with Reglera, LLC On March 28, 201 1, the City
received a request from Reglera LLC ("Reglera") to refund certain building pennit fees and use tax that will be charged by the City in association with an upcoming expansion of their
facili ty at 11 925 West 1-70 Frontage Road, Wheat Ridge. The project is estimated to include $670,000 in tenant improvements and generate significant permanent jobs and temporary jobs
during construction ("Phase I"). A second phase ("Phase II") of development may occur within 18 ~months of relocation to Wheat Ridge and include approximately $2,000,000 in capital equipment
and tenant improvements to expand their operations by approximately 6,000 square feet in the the facility. Phase I improvements are estimated to generate $21,000 in use tax, permit fees
and plan review fees. Phase II would generate $60,000 in use tax. The applicant has requested a 50% rebate of use tax and fees totali ng $10,500 for Phase 1 and $30,000 for Phase II.
City Council is authorized to refund up to 100% of said fees and taxes through approval of an agreement in an established Business Development Zone. City Council would need to first
take action to establish a Business Development Zone and second approve an agreement with Reglera. BACKGROUND: Code of Laws Chapter 22, Article I, Division 5, establishes an economic
development tool known as the Business Development Zone Program (BDZP). The goal of the program is to encourage the development of private sector jobs, revitalize deteriorating areas
of the City and encourage the development, redevelopment and expansion of businesses within the City. This tool allows the City Council to waive certain building permit fees and building
use taxes in association with construction projects that occur in established Business Development Zones. The tool is intended to be used to refund fees and taxes for projects that have
the potential to generate additional future sales and use tax, OR that more generally provide substantial public benefit to the City. Participation in the program shall be based on a
propertylbusiness owner making application and City Council exercising its legislative discretion to approve an agreement establishing what portion of fees and taxes will be refunded
to the owner. Section 22~93 establishes that the City
Study Session -Reglera Memo April 12,2011 Page 2 Council shall consider such an application at a public hearing after consideration of 5 criteria, which are discussed later in this report.
Reglera is relocating from Lakewood to Wheat Ridge and will occupy 17.500 square feet of flex industrial space. Within 18 months of occupancy. Reglera anticipates occupying an additional
6,000 square feet providing additional space fO[ creating a state-of-the-art pilot plant for disposable medical device prototype activities. Reglera is a regulatory affairs and quality
assurance company providing consulting and outsourcing services to the medical device and human tissue industries. They provide these services across the entire size range of companies
from the largest multinational medical device companies to the smallest start-up medical device companies and reproductive clinics. Reglera currently employs 45 W-2 employees but also
utilize 15 or more 1099 specialists in assembling out-teams. These employees are primarily technical in background and have an average salary of approximately $97,000. Reglera plans
to grow this employee base to 75 or more with the addition of the above mentioned 6,000 square feet for the pilot plant. RECOMMENDATIONS: The investment proposed by Reglera will have
significant positive impacts for the community, both economically and in their ability to provide services. As analyzed above, the appli cation is in compliance with the majority of
the criteria that are to be used by City Council in reviewing the application. The one evaluation criterion that is not met is related to the generation of future sales and use tax,
as Reglera does not directly generate sales and use tax. However, as noted in the report, there are anticipated sales and use tax benefits based on the spillover benefits of the project.
Additionally, staff would note that the code provides the following: "The City Council may by 3;" majority vote approve exceptions to the provisions of this division when such exceptions
are found to to be in the public's interest and such exceptions provide substantial benefit to the City." The agreement establishes that a total of $81 ,000 of fees and taxes are e ligib
le to be refunded. However, the agreement does not establish what percentage of those fees should be refunded. The City will expend staff time conducting plan review and inspections
on this project. If Council wishes to recover a portion of those expenses, it would be appropriate to consider a refund request of something less than 100%. City Counci l may designate
a fixed percent of fees to be waived through the agreement. Following are examples of the amount of fees that would be waived under four different scenarios: Phase 1 • $2 1,000 (boldlilalies
are slaff recommelldatiofls) • 25% fee refund = $5,250 • 50%fee refund = S/0,500 • 75% fee refund ~ $15,750 • 100% fee refund ~ $21,000 Phase II . $60,000 (bold/ilalies are slaff recommendatiolls)
• 25% fee refund ~ $15,000 • 50%fee refulld = $30,000 • 75% fee refund = $45,000 • 100% fee refund ~ $60,000