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HomeMy WebLinkAboutStudy Session Packet 08/22/2011STUDY SESSION AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Ave. Wheat Ridge CO August 22, 2011 Upon adjournment from Council Meeting 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 1. Staff Report(s) a) Wildlife Management Plan-Trapping Wildlife/Feral Cats .f.. Public Art Ordinance ~ Redevelopment of Martensen Elementary School to a Neighborhood Park 4. Right-of-Way Acquisition .~ City of U"Wheat~dge ~OLICE DEPARTMENT TO: THROUGH: FROM: DATE: SUBJECT: Memorandum Mayor DiTullio and City C~cil Patrick Goff, City Manager18J' Daniel Brennan, Chief of Police ~~/ August 17, 2011 Staff Report-Wildlife Management Plan -Trapping Wildlife I Feral Cats The purpose of this staff report is to provide information to City Council regarding the City of Wheat Ridge Wildlife Management Plan and the trapping of wildlife animals and feral cats. This staff report is in response to questions brought to City Council on July 11, 2011, during the "Citizens' Right to Speak," portion of the City Council meeting. Urban Wildlife Carrying Sarcoptic Mange The City of Wheat Ridge, not unlike most urban cities in the State of Colorado, is home to many wildlife animals. Wheat Ridge is home to raccoons, foxes, beavers, coyotes, squirrels, bats, snakes and waterfowl. Many of the wildlife animals are never seen unless they are sick, injured, or there is an encounter or conflict with humans. Recently, the City of Wheat Ridge and many Jefferson County agencies have experienced an outbreak of sarcoptic mange in the red fox population. Sarcoptic Mange is an infestation of mites on the animal's skin, which causes hair loss and severe irritation to the skin of the fox, and crusting at the site ofthe hair loss. Foxes in more advanced stages may be seen during daylight hours wandering in neighborhoods. Community Service Officers are authorized by Municipal Code to use humane traps if any animal is deemed a danger to itself or to the public's health and safety. The Division of Wildlife has assisted Community Service Officers in attempting to trap and euthanize mange infested foxes. Recent efforts to humanely trap the sick foxes have not been successful. Community Service Officers have found that the 1)ick foxes cannot be trapped, and that the animals remain mobile until they have been completely disabled by the affects of the sarcoptic mange. Mange is also contagious to humans, as well as domestic animals. People and animals exposed to mange should contact their physician or veterinarian for treatment. City of Wheat Ridge Wildlife Management Plan The City of Wheat Ridge Wildlife Management Plan was developed by Police Department staff in partnership with the State of Colorado Division of Wildlife. Wildlife Management Plan: Successfully and safely coexist with wildlife by providing educational information to the public. The Police Department also provides notifications to the public in the event of an outbreak of disease or any threat of danger to the public by wildlife. Staff Report-Wildlife Management Plan August 17, 2011 Page 2 The City of Wheat Ridge Wildlife Management P lan models the State of Colorado Division of Wildlife Management Plan. The Community Services Team works in partnership wit h th e Colorado Division of Wildlife and Jefferson County Public Health regarding wildlife encounters and diseases that may affect the human populations, as well as domestic animals. The Division of Wildlife provides educational resources and assistance to agencies in the event of wildlife encounters. The Division of Wildlife provides animal control officers and agencies with bi- annual trainings in all areas of wildlife management, to include current diseases affecting populations of wildlife animals. Jefferson County Public Health provides periodic updates on animal species affected by disease and the geographic locations of occurrences. The updates include any precautions to prevent exposure of diseases affecting populations of domestic, farm or wildlife animals. The Health Department also provides immediate information to agencies on any zoonotic disease that may threaten the safety of the public. Trapping Provisions for Wildlife or Domestic Animals The Provisions for trapping wildlife or domestic animals in the City of Wheat Ridge are located in the Municipal Code of Laws in Chapter 16-64 (see attached). Community Services vehicles are equipped with one medium sized trap in each vehicle. The Municipal Code states that humane traps can be placed on public or private property with the property owner's permission. Any person who traps a wildlife animal should contact the Police Dispatch non-emergency number; the Department has exclusive authority to determine the disposition of any such trapped animal. The State of Colorado has specific laws and requirements regarding the trapping and relocation of wildlife animals. In most cases, the use of snares and other trapping devices are not legal in Colorado. In many places, live humane traps are legal and can be useful in urban areas. Citizens wishing to use humane live traps should be aware of local and state laws. The Community Services Team's primary goal is to educate the public about wildlife, in an effort to minimize those human behaviors that attract wildlife to residences. Wildlife animals are very difficult to trap, and relocation of the animals can leave a void for other wildlife to move into the territory. Relocating a wildlife animal requires the permission of the landowner or agency where the animal will be released. The relocation site should be the appropriate habitat for the species. Some wildlife animals such as the Red Fox cannot be trapped or relocated. However, in the event an animal is sick or injured, Community Services Officers make every attempt to capture the animal and hup1anely euthanize or place in a rehabber's care, if available. Nuisance Wildlife The State of Colorado has specific regulations and statutes pertaining to nuisance wildlife. State laws pertaining to wildlife can be found on the web at http://wildlife.state.co.us/, navigating to the Wildlife tab and then to the Living with Wildlife page. The laws note what is restricted by State Statues and what is permitted by the Colorado Division of Wildlife regulations. Municipalities and agencies may be more specific about what is allowed in their jurisdiction. The Colorado Division of Wildlife does not require or request the removal of wildlife deemed a nuisance; the determination that a species has become a nuisance and should be removed is the prerogative of the property owner. The Colorado Division of Wildlife and the City of Wheat Ridge encourages non-lethal methods for discouraging nuisance wildlife. The Colorado Division of Wildlife encourages property owners to "haze" nuisance wildlife. Hazing can be as simple as installing a bright light or a motion sprinkler to deter raccoons from entering a fish pond. Removal of food sources such as barbeque grills, pet food and proper storage of garbage containers can deter the wildlife animals from taking up residence in neighborhoods. Urban Staff Report-Wildlife Management Plan August 17, 2011 Page 3 wildlife has become accustomed to the generous supply of food resources and comfortable living conditions. In an effort to safely and successfully coexist with urban wildlife, the City discourages the feeding of wildlife animals. Trapping of Feral Cats Feral cats are cats that have not been socialized to humans. Feral cats are descendants of a domesticated cat. The term "feral" means, not domesticated or wild. Feral cats are fearful and avoid human contact and cannot usually be socialized. Feral cats can become a problem for neighborhoods, unless they are managed. In an attempt to assist citizens with feral cat populations, the Animal Welfare and Control Commission and the Community Services Team have met several times to discuss resources for citizens regarding feral cats. The recommendation of the Animal Welfare and Control Commission and the Community Services Team is a program called TNR, Trapping-Neutering-Release program. The TNR program is a proven method in the management of overpopulation of feral cats. Feral cat colonies are humanely trapped, spayed or neutered, vaccinated and then returned to the outdoor colony. Feral kittens that can be socialized are adopted and placed into human homes. The feral cats returned to the colonies are "eartipped" to identify them as spayed or neutered. There are several TNR programs in the Metro Area that provide low cost services to the public. The programs also offer training on how to manage the trapping and cat colonies. Once the colony has been spayed and/or neutered, the colony will not grow in numbers; and eventually will reduce in size, thus reducing the feral cat population. Information on the TNR program is in the final stages of approval; and once approved, will be a resource for citizens on the Animal Control page of the City website. Summary The City of Wheat Ridge has a very active and engaged group of citizens who serve on the Animal Welfare and Control Commission. This advisory commission provides input to the Community Services Team on a variety of citizen concerns related to domestic animals and wildlife. In addition, the Community Services Team works closely with the Division of Wildlife and Jefferson County Department of Health on animal-related issues affecting citizens in Wheat Ridge. The City has the appropriate ordinances to address domestic animal and wildlife concerns, as well as a Wildlife Management Plan and appropriate procedures to guide Community Services Officers in their day-to-day encounters with animals. MM:DB/ck Attachments: 1. Code of Laws, Section 16-64 2. Division of Wildlife Webpage Sec. 16-64.-Protection o f wi ldlife. (a) Shooting, capturing, etc., prohibited. Except as otherwise provided in t his section, it is unlawful to willfully shoot, capture, harass, il)jure or destroy any w il d bird or ani mal or to attempt to shoot, capture, harass, injure or destroy any such wild bird or animal anywhere within this city.' (b) Disturbing, etc., nests, burrows, etc., prohibited. No person shall willfully destroy, rob or disturb the nest, nesting place, burrow, eggs or young of any wild bird or animal anywhere within this city. (c) Terms defined. In this section: (1) Wild bird includes all undomesticated birds native to North America and undomesticated game birds implanted in North America by governmental agencies and any domestic duck or goose released by any private person or recreational authority upon any recreational area within this city. (2) Wild animal includes any animal native to the state, but does not include rattlesnakes, fish, Norway rats or common house mice. (3) Humane trap includes any trap which does not cause physical injury, pain or suffering of a trapped animal. Steel-jaw leg hold traps and snares are specifically excluded from this definition, but the city shall not be precluded from determining that any other type of trap is also excluded from this definition. (4) Causing damage on land, as ()r~vided herein, shall mean physical injury to buildings or improvements or destruction or injury of domestic animals or pets lawfully kept thereon. (d) Application to city and state employ!!es. The provisions of this section shall apply to the personnel of any eo lice, fir~ .0.~ linimal control agency or t~ .. t~!!.~~!~-~~-~!-~ion of wildlife or depart~~"-~..! health or other state or federal agency, ar:'_d l!!!_~-~.O.f Wheat Ridge employees when such persons are acting within the scope of their official duties as employees of such~ .(e) State-protected birds and animals. The provisions of this section are not intended to allow the destruction of any bird or animal protected by state or federal law. (f) When trapping permitted. If any wild bird or animal is causing damage on lands within the city owned or leased by any person, such person .. or any member of his family, or his agent, may trap such wild bird or animal, subject to the provisions of this section. (g) Provisions for trapping. Trapping of animals shall follow the provisions set out below: (1) When deemed necessary by police officers or the community service officer for the health, safeo/ and welfare of the residents of the city, such officers and/or their agents may place a humane trap on city property or other property within the city when the property owner requests such humane trap for the purpose of capturing any wild or pet animal creating a nuisance in the city. Attachment 1 Provided, however, that no trap of any kind sha ll be set upon any property without notification to and/or permission from the owner of such prope rty. (2) Any person who traps an animal pursuant to the provisions of this section shall immediately not!fy f?Oiice department of such trapping. The police department shall have the exclusive right and authority to determine the disposition of any such trapped animal. (3) Community_!lervice officers are authorized to use any tranqu~li~er guns, firean:ns, hum_~me traps or other suitable devices to sub~~~~ d~stroy ~r:!Y animal that is ~-eemed ,b.y th~ community ~ervice officer, in his discretion, to be a danger to itself or to the public health and safety. (4) It shall be unlawful for any person to set or cause to be set within the city any steel-jaw leg-hold trap, snare or any trap other than a humane trap, for the purpose of capturing any animal, whether wild or domestic. (h) It is unlawful to feed fox and coyote. L<2_ode 1977, §. 14-41; Orcl. No. 1993-923, §§ 1, 2, 4-12-93; Ord. No. 1994-961, §§ 1-4, 4-25-94: Ord. No. 1:3?g, § ~ 7-26-04; Ord. No. 1:rl_~L §_ 1, 10-10-06)1 State law reference-WiLd/~ parks and outdoor recreation, C.R.S. § 33-1-101 et seq.; cruelty to! :animals, C.R.S. §. 18-9-202. Wildlife Species-Colorado Division of Wildlife Page 1 of 1 Hunting Wildlife Species Fishing Species Profiles Species of Concern IJving With Wildlife Colorado Wildlife Action Plan Remvery & ConservatiOn Plans Sagebrush &. Sage Species COnservation StrateQy Grassland Species COlorado Wildlife Heritage Foundation VIewing Rules/Regs Education Shortcuts 8t Hot Topics """Crayfish Transportation Prohibited t,, Uving with Bears, Coyotes & Uons t,, Avian lnfluenza """Licensed Wildlife Rehabilltators (pdf) """ Lynx Sightlngs .; Prairie Dog Conservation Strategy -,1 Private possession of wildlife .; Recommended Raptor Buffer Zones -,1 Sage-grouse Conservation ptans """Threatened &. Endangered List """White-nose Syndrome in Bats """Wolf Sightings """Wolverine Sightlngs .; Zebra & Quagga Mussels .. Predator discussions scheduled in Meeker .. Native trout restoration project near Durango "'DOW, BP Develop Innovative Wildlife Plan "'DOW Biologists Start Bear Study in Durango "'DOW Monitoring Bats Wildlife Species Land/Water Researdl News•Medla Commission Nature's Helicopters -Hummingbirds Adapted from Jeff Butler's Colorado Outdoors Report radio broadcast. There are more than three-hundred species of hummingbirds, but only a few frequent Colorado. Broad-tailed and Rufous hymmlngbjrds are the most """""'.:•Iii common. They arrive in the state from Central and South America where they spend the winter. All hummingbirds "hum" in flight, a sound caused by the rapid beating of their wings, which may flap as much as fifty times a second. They have an uncanny ability to dart up or down, hover, and even fly backwards -like tiny helicopters_ With all this movement, hummingbirds need to feed about every ten minutes and eat half their body weight in nectar and insects every day. This nectar of course comes from flowers, but sugar water supplied by people is also a good source of energy. For tips on attracting these tiny birds, see feedioo Hummingbjrds Responsibly. For more on hummingbirds, read Summer's Hymmers • Be "Bear Aware" When Camping Most camp sites west of 1-25 are In bear ~ country_ To avoid problems for yourself and the bears, make sure there's nothing to attract bears to your camp: stash your trash, store attractants safely, keep a dean camp and tent, lock RVs and vehicles. "Bears are built to eat and their sense of smell Is incredible, • says Justin Krall, a district wildlife manager In the Westcliffe area. "They can smell food from miles away and they'll travel to find it." In a natural setting, bears would just as soon avoid people, but bears that learn to associate humans with food begin to lose their natural fear of people. "Food Conditioned" bears are the most dangerouS kind. For more infonnatlon/tips, see camojng and Hjking in Bear Country and Uyjno with Bears jn Colorado . Don't Get Ticked Off Ticks are active throughout the summer months into early fall when they go donnant as temperatures cool. They are common at higher elevations, where there is shade and undergrowth or overgrown grassy areas. The Rocky Mountain Wood Tick is the most common_ Prepare for going outdoors with a tick deterrent, and check for ticks on yourself, your children, and your pets when you finish your dally adventures. C•lendu I Site Map I About Us I Prlv•cy Polley I Disabled Accessibility Attachment 2 OSV17/?011 MURRAY DAHL Ku~GH~ ~1ST • R R~NAUD p ATTORNEYS AT LAW TO: CC: MEMORANDUM Mayor DiTullio and City Cou~iiA Patrick Goff, City Manager jj(J FROM: Gerald Dahl Brittany Scantland DATE: July 21, 2011 RE: Public Art Ordinance Summary The proposed ordinance codifies in one code Chapter the various existing provisions relating to funding of public art. The ordinance also establishes a public art program for the Wadsworth Corridor Subarea. History Public art has been of importance to the City through the years. Below is a timeline of events in the City concerning public art: • In 2002, Ordinance No. 1257 established Article I, Chapter 18 of the Code concerning "Arts and Culture." [Article 1 was inadvertently codified as Article II and Article I of the Chapter was reserved. This Ordinance will relocate Article II to Article I] Chapter 18, Article II establishes a program for the management of the City's public art including: acquisition, ownership, display, siting, conservation and disposal of public works of art. In 2007, the City Council adopted the Wadsworth Subarea Plan and determined that an ordinance concerning art in public places should be drafted for the area governed by the Plan. The same Council action in 2007 provided that the ordinance should direct 1% of the City's and State's capital construction projects (for projects of $50,000 or more) be designated for the purchase of public art and the promotion of cultural events. 1 On November 22, 2010 , the City Council adopted Resolution 63-2010 , a res olution establishing a pub lic art fund for att areas of the City where such art is provide d th rou g h private funding. Proposed Ordinance This ordinance performs the following three functions: 1. Chapter 18, Article I, previously codified as Article II , witt be relocated to Article I and renumbered accordingly. 2. Art Funds. Article tt . witt now be home to att methods of funding for public art in the City. New Sec. 18-21 codifies Resolution 63-201 0, concerning funding for public art from private parties and private development. Sec. 18-21 clarifies that these funds can be used for any public art in the City, as the Council may direct. New Sec. 18-22 creates a separate fund specifically for the Wadsworth Corridor Subarea, pursuant to the Council vote in 2007. 3. Resolution 63-2010 . Because the language of Resolu t ion 63-2010 is codified in this ordinance, the ordinance repeals Resolution 63-2010, as it is no longer necessary . 4. New Article ttl. Finally, the ordinance enacts a new Article ttl of Chapter 18, specifically concerning the Wadsworth Corridor Subarea , per the Council's 2007 vote. The new article establishes the Wadsworth Corridor Subarea as an area for beautification by public art. It refers to Article I to control the management of public art, and to new Article II for control of.funding. Similar to the Wadsworth Corridor Subarea, if future subarea plans within the City specifically identify public art as a goal , Chapter 18 can be amended accordingly . The goal is for att of the City 's rules and regulations concerning public art to be located in one place in the Code in order to ease the administration of the City's public art program. 2 C ITY OF WHEAT RIDGE, COLO RA DO INTRODUCE D BY COUNCIL MEMBER ___ _ Council Bill No. --- Ordinance No. ---- Series 2011 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS CHAPTER 18 TO CLARIFY THE ORDER OF THE ARTICLES THEREIN, ENACTING ARTICLE II, CONCERNING THE FUNDING FOR PUBLIC ART, AND ENACTING ARITCLE Ill CONCERNING PUBLIC ART FOR THE WADSWORTH SUBAREA WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, the City Council has exercised these powers by the adoption of Chapter 18 of the Wheat Ridge Code of Laws ("Code") concerning arts and culture; and WHEREAS, Ordinance 1257-2002 originally enacted Chapter 18, Article I, concerning the management of public art in the City; and WHEREAS, Article I was inadvertently codified as Article II; and WHEREAS, the City Council has determined it is in the best interest of the City to clarify the order of Chapter 18 while enacting further amendments to Chapter 18; and WHEREAS, a significant citizen directive included in the Plan was to ensure the Wadsworth Corridor Subarea creates a signature identity for the City and to make the City unique; and WHEREAS, public art is one method of creating a unique identity for an area; and WHEREAS, in 2007 the City Council: • adopted the Wadsworth Subarea Plan and determined that an ordinance concerning art in public places should be drafted for the area governed by the Plan; and • at the same time, the Council directed that the public art ordinance should provide that 1% of the City 's and State's capital construction projects (for projects of $50,000 or more) should be designated for the purchase of public art and the promotion of cultural events; and WHEREAS, on November 22, 2010, the City Council adopted Resolution 63 establishing a public art fund for all areas of the City where such art is provided through private funding; and Attachment 1 WHEREAS, the City Council desires to establish a pu b lic art program fo r the Wadsworth Corrido r Subarea; and WHEREAS, the City Council desires to amend Chapte r 18 of the Code to p rovide f or a ll of the City's public art regulations in one location. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Chapter 18, Article I, previously codified as Article II, is hereby relocated to Article I and all sections are r~numbered accordingly. Section 2. Chapter 18, Article II is hereby titled, "Funding of Public Art" and sha ll read in its entirety as follows: Sec. 18-21. Public Art Fund -Private Parties. In order to carry out the intent and purpose of this Chapter, there is hereby created a Public Art Fund (Private), into which shall be deposited the following revenues: ( 1) One percent ( 1%) of the total amount received by the City for plan review, building permit fees and use tax charged in connection with all private site development (as defined in Code Section 26-123), having an anticipated construction cost of $100,000 or greater. (2) Once percent (1 %) of the total amount received by the City for the development review fees charged in connection with all private site development (as defined in Code Section 26-123), having an anticipated construction cost of $100,000 or greater. (3) Any funds which may be donated by private parties for the purposes of this Chapter. (4) Such other funds as the City Council may direct. The funds in the Public Art Fund (Private) shall be used for any public art in the City, as the Council may direct. Sec. 18-22. Public Art Fund for the Wadsworth Corridor Subarea. In order to carry out the intent and purpose of this Chapter, there is hereby created a Public Art Fund (Wadsworth Corridor) into which one percent (1 %) of the City's and state of Colorado's capital construction projects of $50,000 or more shall be deposited to be used for the purchase of public art and the promotion of cultural events in the Wadsworth Corridor Subarea. Sees. 18-23-18-30. Reserved. Section 3. Upon the effective date of this Ordinance, Resolution 63, Series of 2010, done and resolved on the 22nd day of November, 2010 shall be repealed. Section 4. Chapter 18 of t he City of Wheat Ridge Code of Laws is hereby amended by the addition of Article Il l to be t itled "Wadsworth Corridor P ublic A rt Pro g ram" to rea d in its entirety as follows: Sec. 18-31. Establishment and purpose. (1) This Article shall serve as the "Art in Public Places Ordinance for the Wadsworth Corridor Subarea." Unless otherwise described herein, all provisions of Chapter 18 of the Code of Laws apply to art in public places in the Wadsworth Corridor Subarea. (2) The purpose of this Article shall be to provide for the beautification of the Wadsworth Corridor Subarea. Sec. 18-32. Management of public art. The acquisition, ownership, display, siting, conservation and disposal of public works of art in the Wadsworth Corridor Subarea shall be governed by Article I of this Chapter. Sec. 18-33. Funding. Public art for the Wadsworth Corridor Subarea shall be funded as set forth in Article II of this Chapter. Section 5. 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 c lauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 6. 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. ATIEST: Michael Snow, City Clerk First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Jerry DiTull io, Mayor Approved as to Form Gerald E. Dah l, City Attorney ... ~A~ ~ ~ ~ City of • !P!"Wheat&_dge ~ARKS AND RECREATION TO: THROUGH: FROM: DATE: SUBJECT: ISSUE: Memorandum Mayor and City Council Patrick Goff, City Manager~ Joyce Manwaring, Parks and Recreation Dire ~ August 22, 2011 Redevelopment of Martensen Elementary School to a Neighborhood Park The Jefferson County School District closed Martensen Elementary School at the end of the 2010-2011 school year. This school closure has presented an opportunity for the City to explore acquiring the site for use as a neighborhood park. If acquired, the intention would be to substitute this site for the 44th and Kendall site which is owned by the City and designated for future development as a neighborhood park. Items for consideration include: ~ Community Development Block Grant Funds could be used for acquisition of the site; however future use must provide a benefit to low/moderate income residents ~ Future use of the school building -Community/Recreation programming ~ Partial demolition of building based on building usage needs and optimal park acreage ~ Long term costs associated with the maintenance and operation of the building ~ Disposal of current park property at 44 1h and Kendall ~ Financial impact to Open Space Fund ~ Martensen site is ideally located for a neighborhood park ~ Site currently contains park amenities and may be used as a park immediately upon acquisition ~ Site improvements can be completed in phases over a period of years as funding is available ~ Acquisition can be 2012 Jefferson County Open Space Grant application project PRIOR ACTION: This strategic action item was identified as a high priority at the City Council strategic planning session held on Saturday, May 21, 2011. Strategic Plan 2011/2012 Action Agenda High Priority 7. Redevelopment of Martensen Elementary to Neighborhood Park Mayor and City Council August 22, 2011 Page 2 Meetings with the school district were held on two separate occasions to discuss this action item. The school district expressed interest in moving forward and an appraisal on the property has been completed. FINANCIAL IMPACT: The Open Space Fund could accommodate the acquisition of this property over a five-year period. Using the fund for this purpose would impact funds available for new projects or those currently listed in the Parks and Recreation Master Plan such as updates to and the redevelopment of Prospect and Anderson Park. Redevelopment of this site to a neighborhood park would allow the City to attempt to sell the site at 44th and Kendall. If the site could be sold, the revenue from the sale would then lessen the impact to the Open Space Fund and, therefore , allow funding for other projects. Community Development Block Grant funds are available for the purpose of acquiring school sites for community purposes. This project would qualify as a grant application. BACKGROUND: Both the 1992 and the 2006 Parks and Recreation Master Plan identified the need for a neighborhood park in this geographic area. Approximately two acres of land was acquired in 1998 at the location of 44th and Kendall to address this need . A contiguous 0 .5 acre parcel located to the west was acquired in 2003 to enhance access from the neighborhood from a street other than 441h Avenue. The school district is interested in working with the City to reach a mutually beneficial decision for the community regarding this site. They have indicated that the purchase may occur over an extended period of years . COUNCIL DIRECTION: Staff requests direction on whether to move forward with the acquisition and therefore : 1. Prepare and submit a CDBG grant application; 2. Prepare and submit a proposal to the school district; and 3. Prepare and submit a grant application to Jefferson County Open Space. ATTACHMENTS: 1. Martensen School site 2 . Area map JM/dr -· r+ CD Attachment 1 .... ~ ~ .... ~ City of • .. fP!r WheatB4_dge ~OFFICE OF THE CnY MANAGER Memorandum TO: Mayor and City Council Patrick Goff, City Manage~~ THROUGH: FROM: Steve Art, Urban Renewal Manager DATE: August 22, 2011 SUBJECT: Right-of-Way Acquisition As the Mayor and Council are aware, the Urban Renewal Authority ("URA") is actively working on the Town Center North (the "Project") subdivision at Wadsworth Boulevard and 44th Avenue. The approximately 8.9-acre Project is being developed by the URA through a Master Development Agreement with Weston Solutions. Weston has released a Request for Proposal and anticipates awarding a contract in September for services to complete the Project infrastructure. The infrastructure work includes construction of all the underground utilities, irrigation systems, landscaping, public and private lighting, the creation of West 43 rd Avenue along the southern portion of the Project, the widening of 44th Avenue, and the extension ofVance Street from 44th Avenue to the new W. 43rd Avenue. The widening and improvements of 44th Avenue and the extension of Vance Street require the City of Wheat Ridge to acquire a portion of right-of-way property along both streets that are owned by Enayatallah Boroumand,the owner of the Panda King restaurant parcel. In order to construct these streets the City needs to acquire a parcel 14 feet in width extending along the northern boundary ofBoroumands's property adjacent to 44th Avenue. The City will also need to acquire a parcel 37.5 feet in width extending along the eastern boundary of Boroumand's property for the extension of Vance Street. Staff and legal counsel have met with Boroumand' s representative Larry Ackerman of Commercial West Real Estate to negotiate the acquisition of the property. A Right-of-Way Purchase, Maintenance and Access Agreement has been presented to Mr. Ackerman on behalf of Boroumand. In the Agreement, Boroumand has agreed to dedicate a portion and sell a portion of the above mentioned ROW. Along Vance Street, Boroumand has agreed to convey 30 of the 37.5 feet without any compensation. The City agrees to compensate Boroumand for the remaining 7.5 feet along Vance and the entire 14 feet along 44th A venue. Using a July 18,2011 appraisal commissioned by Weston and performed by James Real Estate Services, staff determined a reasonable offer to Boroumand would be $5.65 per square foot for the Vance Street property and $7.92 per square foot for the 44th Avenue property. The purchase price for the Vance Street component totaled $8,362.62 and the 44th Avenue property was offered at $32,266.08 for a total purchase price of $40,648.70. As part of the project and acquisition, the URA will also be responsible for the construction of the roadways at no cost to Boroumand. The URA will fund the road surfaces, curb, gutter, sidewalks, street and pedestrian lighting, landscaping, and placement of the irrigation system. Once the project is complete, Boroumand will be responsible for the maintenance of the landscaping including water and. utility costs. Boroumand did not want to participate in a common area maintenance agreement, commonly referred to as a CAM. Therefore, no future CAM will include Boroumand. During construction of the subdivision, the URA and City will provide full access to the Panda King restaurant. The URA will assure there is always at least one access point to the restaurant and will create and place a banner along 44th Avenue announcing the establishment is 'Open for Business' during construction. The URA will also pay for the restriping of the parking lot adjacent to Panda King and any reconfiguration of the lot. The URA will also be responsible for any closing costs, documentation or recordation fees associated with the acquisition. Upon completion of the subdivision, 441h A venue and Vance Street will be dedicated to the City of Wheat Ridge as public streets, maintained by the City. The URA will provide Boroumand with a legal infrastructure survey plat upon recordation of the final map. At their normal meeting of September 12, 20 11 staff will request the Council appropriate by resolution an amount not to exceed $41,000 (purchase and anticipated closing costs) for the purchase of ROW from Boroumand to advance the development of the subdivision. ATTACHMENTS: 1. Draft ROW Purchase, Maintenance and Access Agreement RIGHT-OF-WAY PURCHASE, MAINTENANCE AND ACCESS AGREEMENT THIS RIGHT-OF-WAY PURCHASE, MAINTENANCE & ACCESS AGREEMENT ("Agreement") is entered into as of the day of August, 2011 by and between Enayatallah Boroumand and Enayatallah Boroumand, as Trustee of the 1980 ABG Trust ("Owner"), and the City of Wheat Ridge, Colorado ("City"), hereinafter collectively referred to as the parties. RECITALS WHEREAS, Owner is the owner in fee simple of certain real property located at 7540 West 44th Avenue within the City of Wheat Ridge, Colorado (the "Owner's Property");and WHEREAS, the Property is bordered on the north by 44th Avenue and is bordered on the east by a 30 foot easement for Vance Street; and WHEREAS, both 44th Avenue and Vance Street are public roadways within the City; and WHEREAS, the Wheat Ridge Urban Renewal Authority ("URA'') is the owner of certain real property adjacent to the Owner's Property to the east and the south ("URA Property"), which the URA is redeveloping in cooperation with the City; and WHEREAS, in order to benefit the existing and future uses of the Owner's Property and the redevelopment of the URA Property, it is necessary for the City to acquire from Owner certain additional rights-of-way from Owner's Property as it adjoins 44th Avenue and within and adjacent to the present easement for Vance Street; and WHEREAS, in return for the conveyance by the Owner of certain of its Property for the 44th Avenue and Vance Street improvements, the City wishes to agree to provide compensation, access and other guarantees to Owner; and WHEREAS, the parties also wish to agree concerning the installation and maintenance of certain landscaping, lighting, sidewalk and curb and gutter to be installed on and adjacent to the rebuilt and widened 44th Avenue and Vance Street. NOW THEREFORE, in consideration of the promises and agreements of the parties contained herein, the sufficiency of which are hereby acknowledged by Owner and the City, the parties hereby do promise and agree as follows: AGREEMENT 1. Right-of-way Purchase and Sale. Owner agrees to sell to the City, and the City agrees to purchase by warranty deed, those portions of Owner's Property bordering 44th Avenue and the Vance Street easement, more particularly described on Exhibits A and B attached hereto and as follows: ROW Purchase, Maintenance and Access Agreement August 22, 2011 Page2 • 44th Avenue Parcel (Exhibit A): a parcel14 feet in width extending along the northern boundary of Owner's Property adjacent to 44th Avenue. • Vance Street Parcel (Exhibit B): a parcel 37.5 feet in width extending along the eastern boundary of Owner's Property and of which the easternmost 30 feet is subject to an easement granted to the City of Wheat Ridge by plat recorded November 19, 1982 at reception number 82081495. Collectively, the 44th Avenue Parcel and the Vance Street Parcel are referred to herein as the "Property." 2. Purchase Price. Owner's conveyance of the easternmost 30 feet of the 37.5 feet of the Vance Street Parcel shall be without monetary compensation. The City agrees to compensate Owner for the westernmost 7.5 feet of the total 37.5 feet of the Vance Street Parcel in the total amount of $5 .65 per square foot, or $8382.62 . The City agrees to compensate Owner for the 14 foot 44th Avenue Parcel in the total amount of $7.92 per square foot, or $32,266.08. The total' purchase price for both parcels of the Property (the "Purchase Price") to be paid by the City to Owner shall be $40,648.70. The Purchase Price, as adjusted for any other credits and prorations specifically provided for herein, or otherwise mutually agreed upon by the parties, shall be paid by City to Owner at the Closing by certified check, cashier's check, wire transfer, or other immediately available funds acceptable to Owner. 3. Title. On or before August 15, 2011, City shall obtain a current commitment from a title company of City's choice ("Title Company") for an ALTA owner's title insurance policy in an amount equal to the Purchase Price, ("Title Commitment") together with copies of those documents listed in schedule 82 of the title commitment, collectively the ("Title Documents"). Owner represents to the City that as of the date of this Agreement the Owner is in fee simple title to the Vance _ Street and 44th Avenue Parcels. Owner agrees to reasonably cooperate with the City in obtaining release of any exception shown on Schedule 8-2 of the Title Commitment as requested by the City, to the extent Owner is able to do so without cost. 4. Inspection: Right to Terminate. City shall have until August 31, 2011 or the date of Closing, whichever occurs first, the right to inspect and evaluate the Property and to evaluate the Title Documents and to determine whether the Property is materially contaminated by any hazardous materials (as defined by Paragraph 6(d) below). City shall have the right to terminate this Agreement on or before August 31, 2011, if acquiring the Property is not in the City's interest for any reason . 5. Access: Mechanics' Liens. City, its agents, employees, contractors, or subcontractors may, at all times after the date hereof, at no charge to City, and until the earlier of the Closing or the termination of this Agreement, have t_he right of access to the Property to test, inspect, and evaluate the Property as City deems appropriate. City ROW Purchase, Maintenance and Access Agreement August 22, 2011 Page3 shall promptly restore any alterations made to the Property by City, or at City's instance or request, and City shall pay for all work performed on the Property by City, or at City's instance or request, as such payments come due. Any and all liens on any portion of the Property resulting from the actions or requests or otherwise at the instance of City shall be removed by City at its expense. City shall, at City's expense, defend, indemnify, and hold harmless Owner from and against any and all obligations, claims, loss, and damage, including costs and attorneys' fees, resulting from or related to City's access to the Property. 6. Owner's Representations. Owner hereby represents to City as of the date of this Agreement and as of the Closing as follows: (a) No Violations. To the best of Owner's knowledge, the Property is not in violation, nor has been or is currently under investigation for violation of any federal, state, or local laws, ordinances or regulations. (b) Non-Foreign Person. Owner is not a "foreign person" as that term is defined in the federal Foreign Investment in Real Property Tax Act of 1986, the 1984 Tax Reform Act, as amended, and Section 1455 of the Internal Revenue Code, and applicable regulations and, at Closing, will deliver to City a certificate standing that Owner is not a "foreign person" as defined in said laws in a form complying with the federal tax~aw. (c) Authority. Owner has the authority to enter into and execute this Agreement. (d) Hazardous Materials. To the best of Owner's actual knowledge, without any special investigation, since Owner acquired the Property, Owner has not caused or contributed to: (i) any toxic or Hazardous Materials being present on, over, under, or around the Property, (ii) any present or past generation, recycling, use, reuse, sale, storage, handling, transport, and/or disposal of any toxic or Hazardous Materials on, over, under, or around the Property, (iii) any failure to comply with any applicable local, state, or federal environmental laws, (iv) any spills, releases, discharges, or disposal of toxic or Hazardous Material that have occurred or are presently occurring on or onto the Property or any adjacent properties, or (v) any spills or disposal of toxic or Hazardous Materials that have occurred or are presently occurring off the Property as a result of any construction or operation and use of the Property. The term "Hazardous Materials" includes, but is not limited to, substances defined as Hazardous Substances as defined in the Comprehensive Environmental Response, Compensation and Liability Act, as amended, the Hazardous Materials Transportation Act, as amended, the Toxic Substances Control Act, or any other law, statute, rule, or regulation pertaining to the protection of the environment or the health and safety of persons or property. ROW Purchase, Maintenance and Access Agreement August 22, 2011 Page4 (f) Leases. The Property is presently subject to a commercial restaurant lease. Owner shall obtain the release of same with respect to the 44th Avenue and Vance Street Parcels prior to or at Closing. (g) Materiality of Representations. Each of the representations made by Owner in this Agreement, or in any document or instrument delivered pursuant hereto, shall be true and correct in all material respects on the date hereof, and shall be deemed to be made again as and at the date of the Closing and shall then be true and correct in all material respects . The material truth and accuracy of each of the representations and the material performance of all covenants of Owner contained in this Agreement are conditions precedent to the Closing. 7 . Closing. The closing of the sale of the Property from Owner to City (the "Closing") shall take place on or before September 2, 2011 at a time and location mutually agreed upon. At Closing, the following shall take place: a. City shall pay to Owner the Purchase Price by certified check , cashier's check, wire transfer, or other immediately available funds acceptable to Owner. b. Owner shall convey Jee simple title to the Property to City by warranty deed, (the "Deed"). c. Owner shall deliver exclusive possession of the Property to City. d. The parties shall each do or cause to be done such other matters and things as shall be reasonably necessary to close the transaction contemplated herein. City shall pay any charges imposed by the Title Company to prepare the closing documents and provide similar closing services. Taxes and assessments shall be prorated to the date of Closing and shall be a final settlement. 8. Brokerage Commissions. The parties each hereby warrant and represent to the other that it has not dealt with any broker in connection with the transaction contemplated herein, and no broker's commissions are or will be due as a result of this transaction. 9. Demolition and Reconstruction of 44th Avenue and Vance Street. The City agrees to demolish and reconstruct all necessary improvements along the frontage of 44th Avenue and Vance Street pursuant to the general plan for the same attached ~ereto as Exhibit C. This demolition and reconstruction shall include replacement and new plantings of trees, shrubs, ground coverings and plants and installation of sidewalk, curb and gutter, and street and pedestrian lighting on both rights-of-way as generally shown on Exhibit C. ROW Purchase, Maintenance and Access Agreement August 22, 2011 Page 5 10. Access to Owner's Propertv. The City agrees that a complete and separate, exclusive ingress and egress to and from Owner's Property from 44th Avenue and Vance Street shall always be provided, before and during redevelopment of the URA Property. Permanent, exclusive access shall be provided from 44th Avenue and Vance Street after redevelopment of the URA Property. The parties agree to consider a cross-access agreement at such time as the URA Property has been redeveloped, it being their intention that the access to the redeveloped URA Property and the Owner's Property can be facilitated to accommodate to the greatest degree possible, future commercial uses of both properties which will benefit both the Owner and the City. 11. Improvement Survey Plat. The City agrees to provide Owner with an "improvement survey plat" of Owner's Property showing the legal description of the Owner's Property and the location of improvements thereon, giving effect to and showing the conveyance of the Vance Street and 44th Avenue Parcels as contemplated herein. 12. Parking Lot Striping. The City will provide for and implement all needed changes to the striping and restriping of Owner's Property parking lot, including handicap parking space requirements, as a result of the property conveyances herein contemplated, the City's construction of the 44th Avenue and Vance Street improvements, and the reconfiguration of access to Owner's Property as a result of the U RA Property redevelopment. 13. Maintenance. The City agrees to install, or cause the URA to install, sidewalks, curb and gutter, landscaped areas and pedestrian and street lighting along Vance Street and 44th Avenue, all as shown on Exhibit C. No changes or expansion of such improvements will be required of Owner's Property unless Owner's Property is redeveloped with an entirely new building and development plan. Owner and City shall be responsible for maintenance of these improvements as follows: a. Landscaping and sidewalks: Owner shall maintain all landscaping from curb to Owner's Property line, including water utility charges. Owner shall maintain sidewalks adjacent to Owner's Property on 44th Avenue and Vance Street. b. Street lighting: City shall maintain all street lighting, including electric utility charges. c. Pedestrian lighting: Owner shall maintain all pedestrian lighting from curb to Owner's Property line, including electric utility charges. d. Curb and gutter: City shall maintain all curb and gutter. 14. Temporary Banner. The City will create, place and maintain a temporary banner sign at approximately the western edge of Owner's Property along 44th Avenue ROW Purchase, Maintenance and Access Agreement August 22, 2011 Page6 at a location approved by the Planning Department for the City, indicating an access point along 44th Avenue informing the general public that the Panda King restaurant located on Owner's Property is open for business during construction. This banner will be removed upon completion of the 44th Avenue and Vance Street improvements. 15. Right of Entrv. Owner hereby grants the City a right of entry to the Owner's Property during construction of the 44th Avenue and Vance Street improvements, including the parking lot striping, temporary and permanent access construction, curb, gutter and sidewalk construction, and lighting and landscaping improvements contemplated in this Agreement. 16. Existing Legal Nonconformities. The parties acknowledge that certain existing improvements on Owner's Property are nonconforming with respect to the Wheat Ridge Code of Laws and the existing Mixed Use zone district applicable to that property. These nonconformities include: (i) current surface parking design; (ii) current surface parking screening; and (iii) current bicycle parking. The City agrees that these conditions are legal nonconformities which are permitted to remain without change under the Wheat Ridge Code of Laws until such time as Owner's Property is redeveloped in a manner requiring change in these conditions. Owner's conveyance of the Property will not increase the degree of such legal nonconformities. 17. Costs of Document -Preparation: Legal Fees. The City agrees to prepare, and pay the cost of preparing, all documentation required to effect the transfer of the Vance Street Parcel, the 44th Avenue Parcel, and all of the other obligations of the City as contained herein. Notwithstanding the foregoing, the parties agree to each be solely and exclusively responsible for any and all legal fees and costs of consultants retained by each of them. 18. Assignment. This Agreement shall be binding and effective on and inure to the benefit of the successors and assigns of the parties hereto. Any assignment hereof shall be in writing and shall require the prior written consent of both parties; provided, however, that the City may assign any of its rights or obligations hereunder to the URA without any such prior written consent. 19. Attorney Fees. In the event that a lawsuit is brought to enforce or interpret all or any portion of this Agreement, the prevailing party in such suit shall be entitled to recover, in addition to any other relief available to such party, reasonable costs and expenses, including, without limitation, reasonable attorney fees incurred in connection with such suit. 20. Remedies. In the event of any breach or default under this Agreement by the City at or prior to Closing, Owner shall be entitled to terminate this Agreement and to receive a copy of the Improvement Survey Plat referenced at Paragraph 11, to the extent such plat is in existence at the time of default. In the event of any breach or default by Owner at or prior to Closing, the City may elect to treat this Ag.reement as ROW Purchase, Maintenance and Access Agreement August 22, 2011 Page 7 terminated, or the City may elect to treat this Agree ment as being in full force and effect and may seek specific performance from a court of competent jurisdiction . 21. Obligations to Survive Closing. The obligations of Paragrap hs 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22,23 and 24 herein shall survive Closing. 22. Notices. All notices provided for herein shall be in writing and sha ll be deemed given to a party when a copy thereof, addressed to such party as provided herein, is actually delivered, by personal delivery, by commercial courier or by successful facsimile transmission, at the address of such party as provided below. If to City: Economic Development Director City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 Fax: 303-235-2857 If to Owner: Enayatallah Boroumand c/o Larry Ackerman Commercial West Real Estate 1767 -A Denver West Boulevard Golden, CO 80401 Fax: 303-423-0717 23. Counterparts; Execution. This Agreement may be executed in counterparts and, when such counterparts have been executed and delivered by both of the parties hereto, this Agreement shall be fully binding and effective, just as if both of the parties hereto had executed and delivered a single counterpart hereof. Without limiting the manner in which execution of this Agreement may otherwise be effected hereunder, execution by either party may be effected by facsimi le transmission of a signature page hereof executed by such party. If either party effects execution in suc h manner, such party shall also promptly deliver to the other party the counterpart physically signed by such party, but the failure of such party to do so shall not invalidate the execution hereof effected by facsimile transmission. 24. Entire Agreement. This Agreement contains the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all prior commitments, understandings, warranties, and negotiations, all of which are by the execution hereof rendered null and void. No amendment or modification of this Agreement shall be made or deemed to have been made unless in writing, executed by the party or parties to be bound thereby. ROW Purchase, Maintenance and Access Agreement August 22, 2011 Page 8 STATE OF _____ _ ) ) ss COUNTY OF _____ _ ) OWNER: ENAYATALLAH BOROUMAND ENAYATALLAH BOROUMAND, AS TRUSTEE FOR THE 1980 AGB TRUST The foregoing Agreement was acknowledged before me this day of August, 2011, by Enayatallah Boroumand, individually and Enayatallah Boroumand, as Trustee for the 1980 AGB Trust. My commission expires: _________ _ SEAL] Notary Public CITY OF WHEAT RIDGE, COLORDO: By: _____ ~~~~------ Patrick Goff, City Manager STATE OF COLORADO -) )ss: COUNTY OF JEFFERSON ) The foregoing Agreement was acknowledged before me this __ day of August, 2011, by Patrick Goff as City Manager of the City of Wheat Ridge, Colorado. My commission expires: ______________ _ [SEAL] Notary Public