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