HomeMy WebLinkAboutStudy Session Packet 06/20/2011 STUDY SESSION AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO Council Chambers 7500 W. 29th Ave. June 20, 2011 6:30 p.m. Individuals with disabilities are encouraged to participate in al/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 1. Staff Report(s) a) Columbus Day Parade b) Wheat Ridge Foundation Update 2. 38th Avenue Corridor Plan/Joint Session Item ~ Comcast Franchise Issue TO: THROUGH: FROM: DATE: SUBJECT: Memorandum Mayor and City Council Patrick Goff, City Managers;}; Kenneth Johnstone, Community Development Director Sally Payne, Senior Planner and Sarah Showalter, Planner II June 6, 2011 (for June 20th City Council/Planning Commission Joint Study Session) 38th Ave. Corridor Plan Thirty-eighth (38th) Avenue between Wadsworth and Sheridan is one of five priority areas for reinvestment and revitalization in Envision Wheat Ridge, the City's Comprehensive Plan. Envision Wheat Ridge recommended the City develop a specific corridor plan for 38th Avenue to identify a vision for the corridor. Thirty-eighth A venue is also a high priority investment area in the City'S Economic Development Strategic Plan. In addition, WR2020's strategic plan places a high priority on 38th Avenue. In late 2009 they commissioned a market study and revitalization assessment of 38th Avenue from the Department of Local Affairs (DOLA) and Downtown Colorado Inc. (DCI). 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. To address these recommendations to develop a corridor plan, a consultant team headed by Deana Swetlik of Entelechy was hired last fall to assist with development of a plan. The consultants were hired to assist with the necessary traffic analysis, roadway design study and land use analysis for the plan. To ensure the involvement of those most impacted by potential plans for 38th Ave., a Mayor-appointed 38th Ave. Stakeholder Committee was formed made up of property and business owners as well as residents in close proximity to the corridor. Members of City Council and Planning Commission are also members of the Committee as are WR2020, LiveWell Wheat Ridge, Exempla Lutheran Hospital and Jefferson County School District. The role of the Stakeholder Committee is to provide feedback and input on concepts and ideas for the plan as we move from visioning to selecting a preferred alternative. Three Stakeholder Committee meetings have been held to date. At the first meeting, the Stakeholder Committee was asked to share their vision for 38th Ave. and to discuss issues and opportunities for the corridor. The Committee generally agreed that the corridor needs to be more pedestrian-friendly, accommodating other modes of transportation than just vehicles. Also that 38th Ave. should be the City'S Main Street but it should have a unique identity from other Main Streets in the Denver area. There was a desire for a more diverse mix of retail and commercial uses such as coffee shops, book stores and restaurants, in addition to possible civic uses, with uses clustered along the corridor. At the second Stakeholder Committee meeting the consultant team provided information on the completed traffic analysis and study of the feasibility of a road diet (reducing the number of lanes) for 38th Ave. The analysis showed that the number oflanes could be reduced without significantly impacting the level of service or creating any substantial diversion of traffic to adjacent roadways. The consultants presented a series of roadway designs all based on implementing a road diet that would result in one thru-Iane in each direction and a center tum lane. Based on a road diet being a feasible option, the Committee was asked to provide feedback on the different roadway sections that included adding amenity zones, on-street parking or a bike lane in the additional space created by reducing the lanes (See Attachments). The priority of the Committee was for first adding amenity zones (wider sidewalks, landscaping, planters), then onstreet parking in targeted locations and finally for a bike lane. The addition of of a bike lane on 38th Ave. is problematic given the lack of connectivity to other routes to the east and west. While Committee generally supported the idea of a road diet there were some concerns with access to businesses and turning movements onto 38th Ave. A draft vision statement for 38th Ave. was also presented to the Stakeholder Committee for feedback. The vision statement developed for the corridor states: West 38th Ave. between Sheridan and Wadsworth is a safe, vibrant and diverse corridor in Wheat Ridge with a strong identity and robust commercial and residential markets. The corridor has identifiable subdistricts with its Main Street being a source of community pride and a primary destination for City residents and visitors. In the year 2030, people of all ages and abilities will live, work, learn, shop and play along 38th Ave. At the third Stakeholder Committee meeting, discussion centered around the private realm and potential future land uses on the corridor. Sub-districts were presented along the corridor to include the Main Street District from Vance to Newland, a residential sub-district from Newland to Depew and the Sheridan Commercial Core from Depew to Sheridan (See Attachments). The Main Street District and the Wadsworth Town Center from 38th Ave. to 44th Ave. would make up downtown Wheat Ridge. In general the Committee supported these sub-districts along the corridor. Also at the meeting, "Big Ideas" for the private realm were introduced. Previously Staff prepared a Potential for Change map based on a variety of factors including vacancies, improvement to value ratio, parcel size, etc. to identify parcels that could present the greatest opportunities for redevelopment. Based on this analysis and input from previous meetings as to desired land uses along the corridor, the consultant team presented a map of "Big Ideas" for proposed future land uses in targeted locations (See Attachments). A key aspect of the "Big Ideas" was locating a new City Hall, Police and Courts Building and Library/Civic Center just west of Wheat Ridge Middle School. In addition, several other catalytic redevelopment sites have been identified. Some of those sites could have short term redevelopment potential and other redevelopment sites require the assemblage of multiple parcels and as a result would have a longer term redevelopment horizon. The Committee broke into groups to discuss the ideas presented. The result ofthe discussion was that most Committee members supported the "Big Ideas" including locating City Hall and other civic uses on the corridor. In terms of moving forward with implementing the road diet, most Committee members supported restriping the roadway initially to understand how the roadway would function with the reduced lanes. 2 In addition to the Stakeholder Committee meetings, two community meetings have been held to obtain input from the public regarding plans for 38th Ave. These meetings were well attended with approximately 70 people attending the first meeting and approximately 40 attending the second. LiveWell Wheat Ridge provided funding to assist with costs related to the community meetings. (See attached letter from LiveWell regarding the 38th Ave. Corridor Plan.) At the first public meeting on March 15th, participants were asked to share their vision for the future of 38th Ave. Results of the visioning session showed that participants would like to see 38th Ave. be more pedestrian friendly with more of a downtown Main Street feel. There was a desire for more diverse land uses including shops, cafes, galleries and gathering spaces located in nodes along the corridor. There was also agreement that the corridor needs a unique theme or identity that would attract people to shop and live along the roadway. At the second community meeting on May 17th, based on the input from the first public meeting and the traffic analysis, the consultants presented the series of roadway design alternatives all implementing the concept of a road diet with one lane in each direction and a center tum lane. Participants were asked to provide feedback on the roadway sections which included adding amenity zones, on-street parking and bike lanes. Overall, participants supported the road diet concept of removing one lane in each direction. The preference among participants was for an amenity zone in the additional space created by removing lanes with on-street parking in certain locations. Based on input from the Stakeholder Committee, community meetings and City staff, the consultant team will now prepare the final preferred alternative roadway design and land use plan. Due to positive feedback from both the Stakeholder Committee and public meetings regarding a possible road diet, the preferred roadway design will include the removal of one thrulane in each direction and the addition of amenity zones, and potentially on-street parking in some locations, to help create a more pedestrian-friendly street. The draft plan will be presented at a final Stakeholder Community meeting in late July and at a community meeting in early August. In addition, an implementation strategy will be developed by City staff with assistance from the consultants. It is anticipated the final plan will be completed and ready to go before the Planning Commission and City Council for adoption this fall. At the June 20th Study Session, staff would like to obtain feedback from City Council and the Planning Commission about the preferred alternative being considered for 38th Ave. If you have any questions prior to the June 20th Study Session about the 38th Ave. Corridor Plan, please contact Sally Payne at 303-235-2852 or spayne@ci.wheatridge.co.us or Sarah Showalter at 303-235-2849 or sshowalter@ci.wheatridge.co.us. ATT ACHMENTS: (1) Roadway Design Alternative with Amenity ZonelRaised Planter (curbs remain in place) (2) Roadway Design Alternative with On-Street Parking (curbs remain in place) (3) Roadway Design Alternative with Amenity Zone (both curbs are relocated) (4) Proposed Sub-district Map (5) Proposed Private Realm Redevelopment Ideas (6) Letter from Live Well Wheat Ridge 3 Attachment 1: Roadway Design Alternative with Amenity ZonelRaised Planter (curbs remain in place) RAISED PlANTER 8' WALK Attachment 2: Roadway Design Alternative with On-Street Parking (curbs remain in place) 6 Attachment 3: Roadway Design Alternative with Amenity Zone (both curbs are relocated) 7 00 9 June 20, 2011 Mayor Jerry DiTullio Members of Wheat Ridge City Council Members of Wheat Ridge Planning Commission Wheat Ridge City Hall 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 . ~ " LiveW ell Dear Mayor DiTullio, Members of Wheat Ridge City Council & Members of the Wheat Ridge Planning Commission: Thank you for your support of the 38th Avenue Corridor Plan. As a participant in a community movement working to reduce and prevent obesity since 2005, LiveWell Wheat Ridge (LWWR) is proud to partner with the Wheat Ridge community on a variety of initiatives. Aligning ourselves with national trends, LWWR focuses primarily on policy-making and changes to the physical environment to create healthy places. We know that smart land use and thoughtful community design will create healthier communities and resilient neighborhoods. As a result, lWWR has committed the following resources to support the successful redevelopment of 38th Avenue: ./lWWR provided approximately $12,000 to support the community input sessions for the corridor planning process. lWWR is also a member of the Staff and Stakeholder Committees for the 38th Avenue Corridor Plan as well as providing weekly technical assistance through staff and volunteers . ./lWWR contracted in 2010 with the University of Colorado Cancer Center to conduct research with Wheat Ridge Middle School (WRMS) to capture their vision for 38th Avenue. Researchers conducted student discussion groups, youth drawing exercises and school staff interviews. We gathered vital Information on street design, place -making, land use and much more. The feedback we received aligns with the current direction of the corridor planning process. Youth and faculty at WRMS want a safe environment where they can travel by foot or by public transportation to shop and to gather. For a copy of the full report, contact Molly Hanson at mhanson@ieffco.us ./LWWR continues to partner with Wheat Ridge Middle School and Stevens Elementary on projects like Safe Routes to School an<;1 community gardening. If If funded, these enhancements will support both the school and the entire Wheat Ridge community . ./Additionally, LWWR continues to educate the community and stakeholders on Complete Streets concepts. We know that by creating a corridor that is more conducive to pedestrian traffic and public transportation, we will create a safer corridor, a place where people will want to gather and a place that can support a more vibrant business environment. LiveWell Wheat Ridge thanks dty staff, our community, residents and our elected and appointed officials for fostering a highly participatory process to create a visionary corridor. Thank you. Respectfully, Molly Hanson liveWell Wheat Ridge Coordinator Ted Heyd LiveWell Wheat Ridge Planning and Technical Consultant TO: FROM: DATE: RE: MURRAY DAHL RILNAUO LLP Mayor & Council Gerald E. Dahl, City Attorney June 15, 2011 Cable Franchise Application Process The purpose of this memorandum is to advise you of my opinion concerning the enforceability of Wheat Ridge Home Rule Charter Section 15.6(a) to new or renewed cable franchises which might be granted by the City pursuant to the City's cable franchise application, review and evaluation process at Code Section 23-1 et seq. This matter is pertinent because the current Comcast franchise expires on April 1, 2013, and the negotiation process for renewal will commence soon. Wheat Ridge Charter Section 15.6 provides as follows: (a) No franchise shall be granted except upon approval by a majority of the registered electors voting thereon. (b) The Council shall establish by ordinance the terms, fees, compensation, conditions, and any other matters related to the granting of franchises. As Council may be aware, the cable franchise application review and evaluation process adopted by the Council in 2007 does not include a requirement that a new franchise be approved by the registered electors as provided by Charter Section 15.6(a). In consultation with the City's special counsel, Kenneth Fellman, I have concluded that it is likely that the Charter 15.6(a) election requirement is preempted by federal law. In particular, the federal cable act provides that local jurisdictions may not "unreasonably refuse" to grant new franchises. In the only reported Federal District Court case in Colorado on this particular point, the Court held that a similar charter provision in Boulder was preempted. While this decision is not binding upon the City of Wheat Ridge, it is my opinion and that of Mr. Fellman that it is likely the Federal District Court would reach the same conclusion were Wheat Ridge to attempt to impose an election requirement upon the granting of a new or renewed cable franchise. This is further supported by a Federal Communications Commission order which specifically criticized the City of Colorado Springs for imposing an election as a precondition to the granting of a cable franchise in that jurisdiction. The purpose of this memorandum is to allow you to consider whether you wish to apply the Charter election requirement to new cable franchise applications and renewals, despite the potential for federal law preemption. Council options are: 1. Do not require an election on the franchise renewal, relying on the likelihood of federal preemption of the Charter requirement. I recommend this option. 2. Require an election which may well trigger a legal challenge from any potential franchisee, or 3. Place a ballot question on the November 2011 ballot to repeal Charter Section 15.6(a). I will be happy to answer any questions you might have before or during the Council study session on June 20.