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HomeMy WebLinkAboutCity Council Agenda Packet 02/09/2015CITY COUNCIL AGENDA: February 9, 2015 Page -2- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING .£. Council Bill No . 01-2015-an ordinance approving the rezoning of property located at 4295 Harlan St. from Restricted Commercial (RC) to Mixed Use-Neighborhood (MU-N) Case No. WZ-14-11/Kaplan) ~ Resolution 07-2015-approving a first amendment to the Wadsworth Boulevard Corridor Redevelopment Plan to allow for the utilization of Tax Increment Financing for the proposed project at the southwest corner of 38th and Wadsworth-Continued from January 26, 2015 Council Meeting ORDINANCES ON FIRST READING 4. Council Bill No. 04-2015-approving the rezoning of property located at 5130 Parfet St. from Planned Industrial Development (PID) and Agricultural-One (A-1) to Industrial- Employment (I-E) (Case No . WZ-14-15/Parfet Storage) §.. Council Bill No. 05-2015-adopting a new Section (16-160) of the Wheat Ridge Code of Laws requiring the payment of sex offender fees at the time of registration 6. Council Bill No . 06-2015 -amending Section 16-156 of the Wheat Ridge Code of Laws concerning interference with Public Officers performing their duties DECISIONS, RESOLUTIONS AND MOTIONS 7. Resolution 11-2015-amending an Intergovernmental Agreement with the Urban Drainage and Flood Control District and the Regional Transportation District for the construction of drainage and flood control improvements for the Arvada Channel, between Miller Street and Oak Street and the approval of a Supplemental Budget appropriation in the amount of $350 ,000 ~ Motion to appoint Elected Officials to Outside Agencies CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT Council Action Fonn -Reimbursem ent to Jefferson County for Foothm s Animal Shelter Facility February 9, 2015 Page2 square feet and approximately three times the size of the former Table Mountain building. ln 2009 , the cities of Arvada, Golden , Lakewood, Westminster, and Jefferson County entered into a Facilities Funding IGA . The cost to construct the facility was approximately $9 .7 million of which $5.2 million was issued in bonds, $3 million was contributed by Jefferson County and an additional $1 .5 million was contributed by Jefferson County as a loan to the former F AS Foundation. The bonds are currently being paid back from annual assessments from each of the cities and the county. The F AS Foundation was to repay the loan within five years from private donations. If the loan was not repaid within this timeframe the parties to the 2012 IGA would be responsible for the remaining balance pursuant to Part 3, Section II , C of the IGA: "Section J.D . of th e Facili ty Funding JGA shall be amended to provide that th e final payment on th e re maining balance is du e on Janua ry 1, 2015 and shall be di vided equally between Arvada , Lakewood, Wh eat Ridge, Golden and Wes tminster. Th e municipal parties shall make th e ir final payme nts to th e Coun ty no later than Janua ry 31 , 2015 ... " Per the IGA, the balance owed will be split among the entities. The remaining balance owed to Jefferson County is $895 ,858.89 as shown in Attaclunent 1. A copy of the 2012 IGA is included as Attachment 2. RECOMMENDATIONS: Staff reconunends that City Council approve the payment of$179 ,172 to Jefferson County for the capital reimbursement on the Foothills Animal Shelter Facility. RECOMMENDED MOTION: "I move to approve the $179 ,172 payment to Jefferson County for the reimbursement of funding for the Foothills Animal Shelter Facility." Or, "I move to deny approval of the $179 ,172 payment to Jefferson Cow1ty for the reimbursement of funding for the Foothills Animal Shelter Facility the following reason(s): " REPORT PREPARED /REVIEWED BY: Heather Geyer, Administrative Services Director Patrick Goff, City Manager ATTACHMENTS: 1) Jefferson County Capital Reimbursement Financial Summary 2) 2012 Intergovenunental Agreement (IGA) INTERGOVERNMENTAL AGREEMENT BETWEEN JEFFERSON COUNTY. THE CITY OF ARVADA. THE CITY OF LAKEWOOD. THE CITY OF WHEAT RIDGE. THE CITY OF GOLDEN AND THE CITY OF WESTMINSTER ANIMAL SHELTER/DOG LICENSING /FUNDING THIS AGREEMENT, dated for reference purposes only this 15th day of August, 2012, is made and entered into by and between the COUNTY OF JEFFERSON, STATE OF COLORADO, a body politic and corporate (the "County"); the CITY OF ARVADA, a municipal corporation ("Arvada"); the CITY OF LAKEWOOD, a municipal corporation ("Lakewood"); the CITY OF WHEAT RIDGE, a municipal corporation ("Wheat Ridge"); and the CITY OF GOLDEN, a municipal corporation ("Golden"); and the CITY OF WESTMINSTER, a municipal corporation ("Westminster"). WITNESSETH WHEREAS, C.R.S. Section 30-15-10 I (I) authorizes the board of county commissioners of each county to establish an animal holding facility and engage personnel to operate it, provide for the impoundment of animals, and to establish terms and conditions for the release or other disposition of impounded animals; and WHEREAS, C.R.S. Section 30-15-101(2) authorizes counties and municipalities to enter into an intergovernmental agreement to provide for the control, licensing, impounding, or disposition of pet animals or to provide for the accomplishment of any other aspect of a county or municipal dog control or pet animal control licensing resolution or ordinance; and WHEREAS, C.R.S. Section 31-l5-401(m)(l) authorizes municipalities to regulate and control animals within the municipality including, but not limited to, licensing, impoundment, and disposition of impounded animals; and WHEREAS, Part 2 of Article 1 of Title 29, C.R.S. permits and encourages governments to make the most efficient and effective use of their powers and responsibilities by cooperating and contracting with other governments; and WHEREAS, Part 2 of Article I ofTitle 29, C.R.S. authorizes governments to contract with one another to provide any function, service, or facility lawfully authorized to each of the contracting units through the establishment of a separate legal entity; and WHEREAS, pursuant to C.R.S. Section 30-11-107(1) the parties are authorized to enter into agreements for the joint use and occupation of public buildings; and WHEREAS, some of the parties entered into an Intergovernmental Agreement forming the separate legal entity called the Jefferson Animal Shelter on March 15, 1975 and this Intergovernmental Agreement was amended several times to modify the terms and add parties to the agreement; and Attachment 2 WHEREAS, the Towns of Morrison and Mountain View are no longer participating in the operation or funding of the Jefferson Animal Shelter; and WHEREAS, the parties entered into an Intergovernmental Agreement creating a County- Wide Dog Licensing Program ("Dog Licensing Program") which provided that the revenue from the Dog Licensing Program would be used to construct a new animal shelter facility due to the deterioration of the prior facility ; and WHEREAS, the County funded the construction of a new animal shelter facility ("Facility") by 1) issuing Certificates of Participation ("COPs") which included the amount of 5.2 million dollars for construction of the Animal Shelter Facility; 2) contributing 3 million dollars; and 3) contributing an additional 1.5 million dollars pursuant to the terms of an Intergovernmental Agreement between some of the parties (the "Facility Funding IGA " ) which provided that the participating cities would repay the County (unless the County is repaid by the Foothills Animal Foundation)at the end of a five year period ending on January I, 2015 ; and WHEREAS, the parties desire to amend the prior agreements for formation of the Shelter and the Dog Licensing Program to provide for the parties to no longer pay annual assessments for the operation of the Shelter, to instead use the revenue from the Dog Licensing Program for the operation of the Shelter and to provide for repayment ofthe COPs and the $1.5 million dollar contribution; and WHEREAS, the parties agree that each party and its residents should contribute toward the funding for the cost of capital construction of the Facility and the operation of a central animal shelter in equal proportion to the estimated number of dogs in their jurisdiction; and WHEREAS, it continues to be in the best interest of all ofthe above-referenced parties to participate in the organization, administration, and common use of a central animal shelter and to amend the prior agreements for continued operation of the central animal shelter and the Dog Licensing Program and the Facility Funding IGA as set forth herein ; and WHEREAS, the City of Edgewater ("Edgewater") may desire to become a party to this Agreement after adoption of a dog licensing ordinance in compliance with the terms of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreement ofthe parties hereinafter contained , the receipt and sufficiency of which are hereby confessed, it is understood and agreed as follows: PART 1. FOOTHILLS ANIMAL SHELTER FORMATION AND OPERATION I. GENERAL PROVISIONS A. ESTABLISHMENT OF FOOTHILLS ANIMAL SHELTER. The parties previously established a separate legal entity called the Jefferson Animal Shelter and then 2 renamed the entity the Table Mountain Animal Center. The parties hereby reaffinn the establishment of the separate legal entity which shall be known as the "Foothills Animal Shelter" (the "Shelter") and which shall be responsible for the administration and operation ofthe animal shelter and the Facility. B. LEASE OF SHELTER. The Shelter entered into a lease with the County for the new Facility located at 580 Mcintyre Street, Golden CO 80401 pursuant to a Lease Agreement effective on August 9, 20 I 0 (the "Lease Agreement"). The Shelter, for the purpose of, organizing, administering, and operating the central animal facility on the land so leased, will improve, maintain, and operate the Facility as provided herein and as provided in the Lease Agreement. II. POWERS OF THE SHELTER A. GENERAL POWERS. The parties hereto agree the Shelter shall be empowered with the authority to improve, construct, maintain, repair, control, regulate, and operate the Facility within Jefferson County, Colorado, as a complete animal shelter for the use and benefit of the parties to this Agreement and their constituents. B. POWER TO SHELTER ANIMALS AND PROVIDE EDUCATIONAL PROGRAMS. The principal purposes ofthe Shelter are (I) to retain in temporary custody and to provide for the subsequent adoption or disposition of animals taken into possession by the respective governing bodies or animals tendered to the Shelter by residents of the respective governing bodies, and (2) to provide educational, volunteer and related programs to individuals and the community to promote responsible pet ownership. As used herein, the term "animals" shall include, but is not necessarily limited to, dogs, cats, cattle, horses, and all other domestic or wild animals of any kind or description. C. The Shelter shall have the power to contract with other governing bodies who are not parties to this Agreement to provide the same temporary custody, adoption or disposition services provided for the parties. D. POWER TO ESTABLISH CLINICS FOR ANIMAL WELFARE PURPOSES. In addition to providing temporary custody for said animals, the Shelter shall have the authority to establish a clinic for the purpose of spaying and neutering animals, or any other animal welfare related purposes as deemed appropriate by the governing Board of Directors (the "Shelter Board"). E. POWER TO MAKE CONTRACTS, HIRE, AND FIRE. The parties hereto further agree the Shelter shall have the authority to contract and purchase all necessary supplies, equipment, materials, and services, including professional services, and further to hire and discharge employees as deemed necessary to operate the Shelter. F. POWER TO SET FEES. The fees to be charged for services shall be established by the Shelter Board, shall be uniform and reasonable, and shall supersede any fees previously 3 established by the respective governmental bodies. Fees for services provided to governing bodies who are not parties to this Agreement and their residents shall be set by the Shelter Board and shall be set to include the costs for operation and maintenance of the Shelter and capital costs ofthe Facility. G. POWER TO LEASE PROPERTY. The parties hereto agree the Shelter is empowered to negotiate and enter into a lease of the Facility which is suitable for an animal facility and additional property if necessary. Ill. BOARD OF DIRECTORS A. POWERS. All powers, privileges and duties vested in the Shelter shall be exercised and performed by and through the Shelter Board. Only parties to this Agreement shall be entitled to appoint a Director to serve on the Shelter Board. B. APPOINTMENTS. Each party shall designate and appoint one Director to serve on the Shelter board. Each Director shall be in regular attendance and participate in Shelter meetings and activities. Each Director shall serve in accordance with the terms and conditions set forth by the party that appointed the Director. Each party may also appoint an alternate board member. The current Directors for the existing animal shelter appointed by the parties shall continue to serve as Directors on the Foothills Animal Shelter Board after execution of this Agreement unless any Director is removed by the party who appointed the Director. C. ELECTION OF OFFICERS . At the annual meeting of the Shelter Board, the Shelter Board shall elect from its membership a President, a Vice President (and President pro tern), a Secretary and a Treasurer, who will assume their office at the annual meeting. These officers shall serve until their successors have been elected. The officers shall be elected by an affirmative vote of at least a majority of the Shelter Board . D. BYLAWS AND POLICIES AND PROCEDURES. The Shelter Board shall have the power to promulgate bylaws and policies and procedures which shall establish the organizational rules and policies and procedures for the management and operation of the Shelter. IV. CAPITAL IMPROVEMENT FUND The Shelter shall establish a capital improvement fund equal to a minimum of Five Hundred Thousand Dollars ($500,000) ("Minimum Threshold") using the surplus revenues generated by either the operation of the Shelter or the Dog Licensing Program or by funds transferred from the Foothills Animal Foundation, a Colorado non-profit corporation (the "Foundation"). The uses to which said fund may be put include, but are not necessarily limited to , replacement of capital equipment, procurement of new capital equipment, and improvement or expansion of the Facility. If funds are used from the capital improvement fund, the capital improvement fund shall be returned to the Minimum Threshold as soon as funds become available but within no more than a two year period from the date the fund fell below the 4 Minimum lbreshold. The Shelter Board may adjust the Minimum Threshold above $500,000 on an annual basis if approved by a two-thirds vote ofthe Directors. Any adjustment ofthe Minimum Threshold below $500,000 shall only occur by amendment to this Agreement. V. CONTINGENCY/EMERGENCY FUND ESTABLISHED The Shelter shall establish a contingency/emergency fund with a minimum of three months of operating expenses as calculated from the prior year ("Minimum Balance"). The money for said fund may be generated from transfers from impoundment, boarding and adoption fees, investment income, donations, grants or other incidental sources of revenue. Said contingency fund shall be used to defray the costs of unanticipated operating expense shortfall. If funds are used from the contingency emergency fund, the contingency/emergency fund shall be returned to the Minimum Balance as soon as funds become available but within no more than a two year period from the date the fund fell below the Minimum Balance. VI. BUDGET A. BUDGET PROCESS. Each year, the Shelter shall prepare a preliminary budget and submit said budget to the Shelter Board. The budget shall contain detailed estimates of the operating costs of the subsequent year. The preliminary budget shall be approved by the Shelter Board on or before September 30th of each year. The approved preliminary budget shall be submitted to each of the governing bodies of the parties hereto as soon thereafter as possible. B. The final budget shall then be approved by the Shelter Board and certified by the secretary and treasurer of the Shelter Board. A fmal budget shall be submitted to each of the governing bodies of the parties no later than December 15th of each year that this Agreement is in effect. VII. FUNDS AND OPERATIONS A. DESIGNATION OF FUNDS. The Shelter and parties agree that the various monies paid to the Shelter from the Dog Licensing Program or any other source, and any monies generated by the Shelter, shall be placed into a designated fund, and any expenses incurred by reason of operation of the Shelter shall be paid from said fund. B. CHOICE OF DEPOSITORY. All monies belonging to the Shelter or designated for use by the Shelter shall be deposited in the name and to the credit of the Shelter with such depositories as the Shelter shall from time to time designate. C. DISBURSEMENT OF FUNDS. The Shelter Board will establish a written policy for the internal control and monitoring of the expenditure of funds by the Shelter and the type or method of payment used by the Shelter. The written policy established by the Shelter Board shall ensure that the Shelter Board is able to monitor all expenditures by the Shelter. 5 D. FISCAL RESPONSIBILITY. The Shelter shall not borrow money nor shall it approve any claims or incur any obligations for expenditures unless there is sufficient unencumbered cash in the appropriate fund, credited to the Shelter, with which to pay the same. The provisions and terms set forth in Part 3 of this Agreement shall not be considered debt of the Shelter. VIII. BOOKS AND RECORDS A. RECORD KEEPING. The Shelter shall maintain adequate and correct accounts of its funds, properties, and business transactions, which accounts shall be open to inspection at any reasonable time by the parties hereto, their attorneys, or their agents. B. ANNUAL AUDIT. The Shelter shall cause to be conducted an annual audit within 90 days after the end of the fiscal year. The Shelter fiscal year shall be from January 1st to December 31 51 • Such audit shall be conducted by an independent certified public accountant, registered accountant, or partnership, or certified public accountants, or registered accountants licensed to practice in the State of Colorado. The Shelter shall tender a copy of said audit to the governing bodies of the respective parties hereto. IX. REPORTS A. ANNUAL REPORT. By June 151 of each year the Shelter shall prepare a comprehensive annual report of the Shelter's activities and finances during the preceding year and tender a copy of the annual report to the governing bodies of the respective parties hereto . B. REPORTS REQUIRED BY LAW, REGULATION OR CONTRACT. The Shelter shall also prepare and present such reports as may be required by law, regulation, or contract to any authorized federal, state, and/or local officials to whom such report is required to be made in the course and operation of the Shelter. C. REPORTS REQUESTED BY THE PARTIES. The Shelter shall also render to the parties hereto, at reasonable intervals, such reports and accountings as the parties hereto may from time to time request. PART 2. COUNTY WIDE LICENSING PROGRAM/FUNDING FOR SHELTER I. COUNTY-WIDE LICENSING PROGRAM A. ORDINANCE ADOPTION. Each party shall adopt or has already adopted an ordinance which establishes a dog licensing program and penalties within its jurisdiction. The dog licensing ordinances adopted by the parties shall be consistent with the County ordinance concerning licensing of dogs and license fees; however, each party has discretion to adopt its own penalties. 6 B. ENFORCEMENT. Each party shall be responsible for enforcement of the penalties for its dog licensing ordinance within their own jurisdiction. Each party agrees to actively pursue enforcement of said ordinance. C. LICENSING ADMINISTRATOR DEFINED. The Licensing Administrator is the entity delegated the authority by the parties to issue licenses and collect fees for said dog licenses on behalf of all parties. D. DELEGATION OF AUTHORITY. The parties hereby have delegated authority to the County to be the Licensing Administrator to issue licenses and collect fees for said dog licenses on behalf of all parties. A new Licensing Administrator may be appointed by written approval of the Shelter Board. If the Licensing Administrator appointed is not a party, the Shelter Board shall enter into an agreement with the entity chosen to be the Licensing Administrator to bind the new Licensing Administrator to the terms of this Agreement and any other terms deemed necessary by the Shelter Board. E. DOG LICENSES. The dog licenses shall all be identified as "County Dog Licenses." II. FUNDS AND OPERATIONS A. DESIGNATION OF FUNDS. The Licensing Administrator agrees that all monies paid to the Licensing Administrator for the licensing of dogs within the jurisdictions of all parties, shall be placed into a designated fund (the "Dog Licensing Fund") except the funds due to the Licensing Administrator as provided in Part 2, Article II, Section B and the funds withdrawn or retained by the County pursuant to Part 2, Article II, Section C. B. LICENSING ADMINISTRATOR'S ADMINISTRATIVE COSTS. On August I 51 of each year this Agreement is in effect, the Licensing Administrator shall provide each party with a statement of the Licensing Administrator's administrative costs directly attributable to the operation ofthe Dog Licensing Program from July lst through June 30th of each year, and the projected administrative costs for the upcoming year. The Licensing Administrator shall retain the amount of the Licensing Administrator's administrative costs from the Dog Licensing Program revenue on a monthly basis. The Licensing Administrator shall be entitled to payment for the cost of, at a maximum, two full time employees including salary, benefits and overhead. The Licensing Administrator employee positions shall be Administrative Specialist I or II positions as currently defined by the County or equivalent positions. Any future staffing needs, beyond those currently listed above, require approval of the Shelter Board. The Licensing Administrator shall also be entitled to the cost of tags, mailers (for new tags and renewals), postage, printing, maintenance/updates of dog licensing software and miscellaneous office supplies, and any other costs directly attributable to the operation of the Dog Licensing Program. C. DISBURSEMENT OF FUNDS FOR 2012. The parties have each paid an assessment to the Shelter for the 2012 Budget Year as a contribution to the operating costs and capital improvement costs of the Shelter. The County, as the current Licensing Administrator 7 shall withdraw funds from the Dog Licensing Fund to pay that portion ofthe debt service on the COPs for 2012 attributable to the portion of those proceeds used to fund the construction of the Facility. The County, as the current Licensing Administrator, shall retain funds in the Dog Licensing Fund to pay the County's estimated administrative costs and expenses for acting as the Licensing Administrator through December 31, 2012. The remainder of the funds in the Dog Licensing Fund shall be paid over to the Shelter to be used first to meet the requirements for funding the Capital Improvements Fund and Contingency/Emergency Fund and the remainder shall be allocated as determined by the Shelter Board. D. DISBURSEMENT OF FUNDS AFTER 2012. Except for the funds retained by the Licensing Administrator each month for its administrative costs and expenses as provided in Part 2, Article II, Section B, the funds contained in the Dog Licensin~ Fund shall be paid to the Shelter by the Licensing Administrator on a monthly basis on the l 01 of the following month as a contribution from the parties toward the operating costs of the Shelter or capital improvements or maintenance costs of the Shelter as approved by the Shelter Board. III. BOOKS AND RECORDS RECORD KEEPING . The Licensing Administrator shall maintain adequate and correct accounts of the funds, which accounts shall be open to inspection at any reasonable time by the parties hereto, their attorneys, or their agents. IV. REPORTS A. DEFINITIONS . 1. Reporting Pen·od shall mean the period between July 151 to June 30th of each subsequent year. 2. Jurisdiction-The Jurisdiction of each party who is a city shall mean the area within its municipal boundaries. For Westminster and Arvada Jurisdiction shall include the area within their municipal boundaries that is within Adams County and Jefferson County. The Jurisdiction for the County shall be the unincorporated area of the County. 3. Estimated Dog Population for a party shall mean: a. the estimated percentage gf Colorado households harboring one or more dogs, obtained from the most current data published by the American Veterinary Medical Association (the "Source"); multiplied by b. the number of households in a party's Jurisdiction, as reported in the most current publication by the State Demographer's Office; multiplied by c. the average number of dogs per household for each household with a dog, obtained from the most current Source using the data for Colorado . 8 4. Compliance Rate shall mean the rate calculated by dividing a. the number of licenses issued for dogs residing in a party's Jurisdiction during a one year Reporting Period by b. the Estimated Dog Population in each party's Jurisdiction for the same Reporting Period. B. ANNUAL REPORT. By August 1st of each year, the Licensing Administrator shall prepare and present to the Shelter Board an annual report of the number of dogs licensed during the prior year in each party's Jurisdiction, the estimated household population of each party's Jurisdiction as reported in the most current publication by the State Demographer's Office, the Compliance Rate for each party's Jurisdiction and the funds collected during the prior year. C. REPORTS REQUESTED BY THE PARTIES . The Licensing Administrator shall also render to the parties hereto, at reasonable intervals, such reports and accountings as the parties hereto may from time to time request. V. REVIEW OF REVENUES AND JURISDICTION COMPLIANCE A. REVIEW OF REVENUES AND COMPLIANCE BY JURISDICTION. If during the reporting period ending June 30, 2012, there is less than twenty per cent (20%) compliance by the residents in a party's Jurisdiction, the respective party shall pay to the Licensing Administrator for placement in the Dog Licensing Fund an amount equal to the difference between the funds that the Dog Licensing Fund would have received if there was twenty per cent (20%) compliance at the spayed dog licensing rate and the amount of dog license fees actually collected from the residents of that party's Jurisdiction. The twenty percent (20%) Compliance Rates set forth above shall be defined as the Minimum Compliance Rate for the reporting period ending June 30, 2012. When the annual report is distributed at the end of the next reporting period and every year thereafter, a new Minimum Compliance Rate shall be set for the following year if the Minimum Compliance Rate was exceeded by all the parties. If all the parties ' Jurisdictions exceed the Minimum Compliance Rate according to the annual report, the new Minimum Compliance Rate for the following year shall be the Compliance Rate of the party with the lowest Compliance Rate. If any party's Jurisdiction fails to meet the Minimum Compliance Rate set for a reporting period, the party shall pay to the Licensing Administrator for placement in the Dog Licensing Fund an amount equal to the difference between the funds that the Dog Licensing Fund would have received if the Minimum Compliance Rate was met at the spayed dog licensing rate, and the amount of dog license fees actually collected from the residents of that party's Jurisdiction. B. APPROPRIATION AND PAYMENT OF FUNDS. The parties agree to pay the amounts set forth in Part 2, Article V, Section A, to the Licensing Administrator for placement in the Dog Licensing Fund by January 31 st of the year following which the Annual Report determined a party failed to meet the Minimum Compliance Rate, provided, however, that all payments by the parties to the Dog Licensing Fund pursuant to this Agreement are subject to 9 annual appropriation by the parties hereto in the manner required by statute. It is the intention of the parties that no multiple-year fiscal debt or other obligation be created by this Agreement. PART 3. REPAYMENT OF DEBT SERVICE FOR CONSTRUCTION OF FACILITY I. BASIS FOR DOG POPULATION A. BASIS FOR DOG POPULATION . The basis for the dog population calculation shall be based upon the Colorado data from the most current Source. Whenever the dog population is needed for computations under this Agreement, the figure used shall be the most recent available at the time such figure is needed, unless otherwise specified herein. B. DEFINITIONS. The definitions for Jurisdiction, Reporting Period and Estimated Dog Population are set forth in Part 2, Article IV. II. CONTRIBUTIONS TO DEBT SERVICE FOR COST OF CONSTRUCTING FACILITY A. CONTRIBUTIONS OF THE PARTIES FOR DEBT SERVICE ON COPS. $5.2 million dollars of the proceeds from the COPs issued by the County were used to partially pay the cost for construction of the Facility. The parties agree that each municipal party shall annually pay an assessment to the County to repay that portion of the debt service on the COPs attributable to the portion of the proceeds used to fund the construction of the Facility (the "Facility Debt Service") until the COPs are defeased. The Facility Debt Service Schedule is attached hereto as Exhibit A but such schedule may be modified if the COPs are refinanced as provided herein. The schedule may also be modified to allow for prepayments or other events as deemed appropriate by all the parties. Each party's annual repayment will be determined as follows: 1. Calculation for the Annual Assessment a. Determine the Estimated Dog Population for each party's Jurisdiction as of June 30th of each year. c. b. Add the Estimated Dog Population for all the parties together to determine the Total Dog Population. Determine what percentage each party's Estimated Dog Population is compared to the Total Dog Population for all of the parties' Jurisdictions combined ("Dog Population Percentage"). Each municipal party shall pay the County a portion of the Facility Debt Service equal to that municipal party's Dog Population Percentage. B. ANNUAL DEBT SERVICE STATEMENT AND INVOICE FOR COPS. By August l st of each year, the County shall prepare and present to the Shelter Board and the governing bodies of the parties a statement and invoice of the Facility Debt Service due from January l to December 31 for the upcoming year, each party's Dog Population Percentage and the total dollar amount due from each party for its portion of the Facility Debt Service. 10 C. PAYMENT FOR FACILITY FUNDING IGA. Pursuant to the terms ofthe Facility Funding IGA, the County shall provide the parties with a report each year stating the amount received each year and the balance owing. Section I.D. of the Facility Funding IGA shall be amended to provide that the fmal payment on the remaining balance is due on January l, 2015 and shall be divided equally between Arvada, Lakewood, Wheat Ridge, Golden and Westminster. The municipal parties shall make their fmal payments to the County no later than January 31, 2015. To the extent the Facility Funding IGA provides that the County is solely responsible for the Facility Debt Service on COPs, the Facility Funding IGA is amended in this Agreement to require participation of all the municipal parties and the County in the payment of the Facility Debt Service in the manner provided herein. D. APPROPRIATION AND PAYMENT OF FUNDS. The parties agree to consider for appropriation the amounts computed as set forth above by the first day of January of the year during which said monies are to be paid to the County. The parties agree to pay the amounts for the Facility Debt Service to the County by January 31st of the year during which said monies are to be paid by the County for the debt service. All payments to the County pursuant to this Agreement are subject to annual appropriation by both the County and each municipal party hereto in the manner required by statute. It is the intention of the parties that no multiple-year fiscal debt or other obligation be created by this Agreement. E. REPORTS REQUESTED BY THE PARTIES. The County shall also render to the other parties hereto, at reasonable intervals, such reports and accountings as the parties hereto may from time to time request. F. REFINANCING. The County shall have the right to refinance the debt on the COPs if deemed beneficial to the County so long as the amount owed by the municipal parties for debt service does not increase due to the refinancing. PART4.GENERALCONTRACTTERMS I. DEFAULTINPERFORMANCE A. In the event any party fails to make the payments to the Licensing Administrator when due as provided by Part 2, Article V, or payments to the County as provided in Part 3 or to perform any of its covenants and undertakings under this Agreement, the County or any other party shall cause written notice to be given to the governing body of the defaulting party of the termination of the party's participation in the Agreement, unless such default is cured within thirty (30) days from the date of such notice. Upon failure to cure said default within said thirty (30) day period, membership in the Shelter of the defaulting party shall thereupon terminate, and said defaulting party shall thereafter have no voting rights as a member of the Shelter at any regular or special meeting thereto, nor be entitled to representation on the Shelter Board, and said defaulting party shall thereafter be denied service by the Shelter. Further, the Licensing Administrator shall no longer provide licensing services to said defaulting party. The defaulting party whose participation is terminated under this section of this Agreement shall forfeit all right, title, and interest in and to any funds in the Dog Licensing Fund or any right, title or interest in 11 and to any property of the Shelter to which said party may otherwise be entitled upon the dissolution of this Agreement. If a party is in default ofthis Agreement for any reason other than nonappropriation of funds for payment of an assessment to the County or payment to the Licensing Administrator for placement in the Dog Licensing Fund, termination of the defaulting party's participation in the Agreement shall not relieve the defaulting party of the obligation to make the payments to the County as provided in Part 3 or the Licensing Administrator for placement in the Dog Licensing Fund as provided in Part 2, Article V that were due prior to the defaulting party's termination. This Section is not intended to limit the right of any party under this Agreement to pursue any or all other remedies it may have for breach of this Agreement. A party who fails to make the payments required by Part 2 or 3 for any reason other than nonappropriation of funds shall be obligated to pay all costs of collection of said payment, including reasonable attorneys' fees. A municipal party who fails to make the payments for any reason other than nonappropriation of funds shall be obligated to pay interest at a default rate of 10% plus all costs of collection of said payment, including reasonable attorneys' fees. B. PAYMENT DEFAULT/ COPs. In the event any municipal party fails to make the payments to the County when due other than for non appropriation as set forth in Part 3 Section D that municipal party shall be in default. In the event of a payment default or non appropriation by any of the municipal parties, the remaining municipal parties and County shall be responsible for the debt service amount owed by the defaulting or non appropriating municipal party or parties in the same ratio calculation set forth in Part 3 except the ratio shall be calculated without the defaulting party or parties inclusion in the ratio. C. PAYMENT DEFAULT/ $1.5 MILLION. In the event Arvada, Lakewood, Wheat Ridge, Golden or Westminster fails to make the payments to the County when due other than for non-appropriation as set forth in Part 3 Section C the municipal party who fails to make a timely payment shall be in default. In the event of a payment default or non appropriation by Arvada, Lakewood, Wheat Ridge, Golden or Westminster, the remaining municipal parties shall be responsible for the debt service amount owed by the defaulting or non appropriating municipal parties as provided in the Facility Funding IGA. II. TERM. RENEWAL AND TERMINATION OF AGREEMENT A. TERM AND RENEWAL OF AGREEMENT. This Agreement shall be in full force and effect for a term of 50 years from July l, 2012 or until sooner terminated by two-thirds of the parties hereto, and the parties entering into this Agreement shall have the option to extend this Agreement by amending this Agreement pursuant to Part 4, Section III. B. CONTINUATION OF SHELTER OPERATION/FEES FOR NON-PARTIES. All property and animals shall remain in the Shelter under the terms of this new Agreement. Entities not parties to this Agreement who have animals at the Shelter that were placed at the Shelter by the entity or residents living within the boundaries of the entity on effective date of this Agreement shall pay a fee as set by the Shelter Board which may be per animal per day as long as said animal remains at the Shelter. 12 C. TERMINATION BY WRITTEN NOTICE. This Agreement, or any party's participation in this Agreement, may be terminated effective by written notice from the party or parties to the Shelter at least 180 days prior to January 1st of any given year. Any party terminating its participation pursuant to this provision shall not be entitled to any reimbursement for said parties' contributions to the County, the Shelter or the Licensing Administrator for capital costs, assessments or any operating costs previously paid by said party or any dog licensing fees previously paid by its residents. Such party shall be entitled to be readmitted to the membership of the Shelter if approved by the Shelter Board and if the terminated party has paid all dollar amounts the terminated party is in arrears under the terms of this Agreement. D. TERMINATION WITHOUT REQUIRED NOTICE. In the event that any party hereto elects to terminate its participation in this Agreement prior to the end of any period of this Agreement and not in accordance with subsection C of this section, such party shall be considered in default of this Agreement and accordingly shall forfeit its entire contribution to the Shelter. Upon default, the defaulting party shall forfeit all privileges and property that such party obtained as a result of its membership in this Shelter. Should a defaulting party, at some later date, seek readmission to the membership of the Shelter, such party shall be required to meet the requirements and contributions of any new party seeking membership pursuant to the terms of this Agreement. E. POWERS OF SHELTER UPON TERMINATION BY TWO-THIRDS. Upon termination by mutual agreement of two-thirds of the parties to this Agreement, the powers granted to the Shelter under this Agreement shall continue to the extent necessary to make an effective disposition of the property, equipment, and animals under this Agreement. If the Agreement is terminated the Shelter and the County shall cause the Lease Agreement with the County to be terminated. F. STATUS OF LEASED PREMISES UPON TERMINATION BY TWO-THIRDS/ PAYMENT OF SHELTER LIABILITIES. Upon termination ofthis Agreement by mutual agreement of two-thirds of the parties hereto, the Lease Agreement shall terminate in accordance with its terms and improvements thereon located in Jefferson County, shall revert to Jefferson County for its use and ownership. Any cost for liabilities incurred by the Shelter during the termination of this Agreement and as an expense of termination shall be borne by each party to the Agreement in the same proportion as it is required to contribute to the assessments in Part 3 Section II, whether such assessments have terminated or not except, if the debt service on the COPs is not fully paid, the County shall not pay any part of the remaining Shelter liability and the proportion of each municipal party shall be adjusted to pay the full amount of the Shelter liability without the County participation. G. TERMINATION FOR REASON OTHER THAN NONAPPROPRIA TION. Termination of the Agreement for any reason other than nonappropriation of funds shall not relieve the terminating party of the obligation to make the payments to the Licensing Administrator as provided in Part 2 or pay the party's assessment to the County as provided in Part 3. 13 H. DISBURSEMENT OF FUND UPON TERMINATION. lfthis Agreement is terminated, the Licensing Administrator shall first pay the County any monies it holds from the dog licensing revenue, except its costs of administration prior to termination of the Agreement, to pay the County for the cost of any remaining debt service on the COPs issued to pay for the cost of constructing the Facility. The Shelter shall pay any funds it holds beyond its expenses incurred prior to the termination of this Agreement to the County to cover any remaining cost of the debt service on the COPs. This provision and the provisions of Part 2, Article II, Section B; Part 2, Article V; Part 3, Article II; Part 4, Article I, Section A, Band C and Article II., shall survive termination of this Agreement. III. AMENDMENT This Agreement may be amended at any time in writing by agreement of all the parties to this Agreement except that the Agreement may also be amended as set for the in Part 4, Section X. IV. SEVERABILITY CLAUSE If any provisions of this Agreement or the application thereof to any party or circumstances are held invalid, such invalidity shall not affect other provisions or applications of the Agreement which can be given effect without the invalid provision or application, and to this end, the provisions of the Agreement are declared to be severable. V. COUNTERPARTS This Agreement may be signed in counterparts, and each counterpart shall be deemed an original, and all the counterparts taken as a whole shall constitute one and the same instrument. The Agreement shall not be effective until executed by all parties. VI. NO THIRD PARTY BENEFICIARIES Except as otherwise stated herein, this Agreement is intended to describe the rights and responsibilities of and between the parties and is not intended to, and shall not be deemed to, confer rights upon any persons or entities not named as parties, limit in any way governmental immunity and other limited liability statutes for the protection of the parties, nor limit the powers and responsibilities of any other entity not a party hereto. Nothing contained herein shall be deemed to create a partnership or joint venture between the parties with respect to the subject matter hereof. VII. SUPERSEDES AND AMENDS PRIOR AGREEMENTS This Agreement supersedes and replaces all prior agreements dealing with formation of the Shelter including but not limited to the Intergovernmental Agreement dated for reference purposes only January 1, 1998, and the Intergovernmental Agreement for the County Wide Licensing Program dated for reference purposes only June 20, 2007 and any amendments to 14 those agreements. The Facility Funding IGA shall remain in full force and effect except as amended herein. To the extent Facility Funding IGA says the County is solely responsible for the Facility Debt Service for the COPs the Facility Funding IGA is amended by Part 3 Article II( C). VIII. NONDISCRIMINATORY POLICY The Shelter shall make its services, facilities, and programs available to all persons regardless of race, color, age, creed, national origin, sex, or disability. IX. NO GENERAL OBLIGATION INDEBTEDNESS Because this Agreement will extend beyond the current fiscal year, the parties understand and intend that the obligation of the parties to pay any costs hereunder constitutes a current expense of the parties payable exclusively from the parties' funds and shall not in any way be construed to be a general obligation indebtedness of the parties within the meaning of any provision of Article XI of the Colorado Constitution, or any other constitutional or statutory indebtedness. None of the parties has pledged the full faith and credit of the state, or the parties to the payment of the charges hereunder, and this Agreement shall not directly or contingently obligate the parties to apply money from, or levy or pledge any form of taxation to, the payment of any costs. X. JOINDER OF THE CITY OF EDGEWATER All parties agree that the City of Edgewater ("Edgewater") may become a party to this agreement by adopting a dog license ordinance in compliance with the terms of this Agreement and Edgewater's properly executing this Agreement in counterpart. Upon Edgewater's execution of a counterpart of this Agreement the parties and Edgewater agree that this Agreement shall be deemed amended with Edgewater being deemed a party to this Agreement and Edgewater being subject to all the terms and provisions of this Agreement except Edgewater shall not be responsible for payment under the terms of the Facility Funding IGA without amendment to the Facility Funding IGA as provided therein. Calculation for the Compliance Rate for Edgewater shall be prorated for the first year from the date Edgewater executes the Agreement until the following June 301h. 15 01-Jun -1 0 01-Dec -10 01-Jun -11 01 -Dec-11 01 -Jun -12 01 -Dec-1 2 01-Jun-13 01 -Dec-13 01-Jun-1 4 01 -Dec-1 4 01 -Jun -1 5 01-Dec-15 01 -Jun-1 6 01 -Dec -1 6 01 -Jun -17 0 1-Dec -1 7 01-Jun-18 01 -Dec-18 0 1-Ju n-19 01 -Dec-19 01 -J un -20 01 -Dec-20 0 1-Jun -21 01 -Dec-21 01-Jun-22 01-Dec -22 01-Jun -23 01 -Dec-23 01 -Jun -24 01-Dec-24 01-Jun-25 01 -Dec-25 0 1-J un-26 01 -Dec -26 01 -Jun -27 0 1-Dec-27 0 1-Jun-28 01-Dec -28 01 -Jun-29 01 -Dec -29 Principal 239 .208 244 .200 249,575 255.335 262 .630 269 .925 278 .373 287 .588 297 ,187 307 .554 318.689 330 .591 343.262 356.701 370 .907 386.266 402 .008 EXH I BIT A Jefferson County Certificates of Participation Series 2009 An imal Shelter Share of Se ries 2009A BABs 5.200.000 .00 Debt Serv ice Schedule Coupon Rote 3.100% 3.300% 3.7fm> 4.200% 4.3fm, 4.900% 5.()()J% 5 .1 50% 5.350% 5.500% 5.900% 5.900% 5.900% 6.250% 6.250% 6.250% 6.2fm> Interest 157 .392 .57 137.527 .48 137 .527 .48 137 .527 .48 137 .527 .48 137 .527 .48 137 .527 .48 137 .527.48 133.819 .75 133.819 .75 129 .790.45 129.790 .45 125.110.9 1 125.110.9 1 119.748 .88 119.748 .88 114 .03 6.68 114.036 .68 107 ,423 .50 107 .423 .50 100 .464 .1 9 100.464 .1 9 93 .058 .80 93 .058 .80 85.109.06 85.1 09 .06 76.651.33 76.651.33 67.250 .02 67 .250 .02 57 .497 .57 57.497 .57 47 .37 1.33 47 .371.33 36.224 .43 36.224 .43 24 ,63357 24 .633 .57 12.562 .76 12,562 .76 Total Disbursements 157 .392 .57 137 .527 .48 137 .527 .48 137 ,527 .48 137 .527 .48 137 .527 .48 137 .527 .48 376.735 .93 133 .819 .75 378.019 .71 129.790 .45 379,365 .88 125.110 .91 380 .445 .77 119.748 .88 382.379 .02 114,036 .68 383 .962 .10 10 7,423.50 385 .796 .09 100.464 .19 388.05 1.87 93 .058 .80 390 .245.54 85.109 .06 392.662 .78 76.65 1.33 395.339 .95 67 .250 .02 397 .841 .47 57.497 .57 400 .759 .77 47 .371 .33 404 .072 .21 36.224.43 407 .13 1.91 24 ,633 .57 410 .899 .54 12.562.76 414 .571.18 ------------------------ $5 .200.000 $3.78 1.591.39 $8,981 .59 1.39 =========== ==========::== ======= = = ==== Annual Disbursements $294 ,920 .05 275 .054 .96 275.054 .96 514 .263 .41 511.839.46 509.156.33 505.556 .68 502 .1 27 .90 497 .998.78 493 .219 .59 488 .516.06 483.304 .34 477.77 1.84 47 1.99 1.28 465 .091 .49 458 .257 .34 451 .443 .54 443 .356 .34 435.533.11 427 .133 .94 ------------ $8.981.59 1.39 ============= Council Action Fom1-Carryovers February 9, 2015 Page2 General Fund Capital Investment Program Fund (CIP) Open Space Fund Conservation Trust Fund Total: BACKGROUND: $ 313,633.87 $ 799 ,123.69 $1 '152 ,932.83 $ 52,831.09 $2 ,318 ,521.48 Swanhorst & Company LLC , the City's independent auditor, included the following note and recommendation in their 2004 Audit Management Letter dated March 25 , 2005 : Th e Ci ty currently utilizes encumbranc e accounting. Stat e budget la w requires th e re- appropriation of purchase orders and projects for each new budget year. Whil e th e Ci ty is a hom e- rule Ci ty and is not required to follo w th e State la w, current practice throughout Colorado do es not include th e us e of encumbrances. We recomm end that th e Ci ty consider utilizing generally accepted accounting principles (GA A P) for its budgeting ba s is. This will allo w th e Ci ty to us e a single basis of accounting and simplify th e budgeting and accounting process es. City Council adopted the 2004 Comprehensive Annual Financial Report on August 8, 2005 and approved a motion to direct staff to implement this recommendation. RECOMMENDATIONS: Staff recommends approval of the supplemental budget appropriations. RECOMMENDED MOTION: "I move to approve Resolution No. 09-2015 -A resolution amending the fiscal year 2015 budget to reflect the approval of a supplemental budget appropriation for the re-appropriation and re- encumbrance of the 2014 fiscal year encumbered funds in the amount of $2 ,318 ,521.48." Or, "I move to postpone indefinitely Resolution No. 09-2015 , a resolution amending the fiscal year 2015 budget to reflect the approval of a supplemental budget appropriation for the re-appropriation and re-encumbrance of the 2014 fiscal year encumbered funds in the amount of $2 ,318 ,521.48 for the following reason(s) " REPORT PREPARED AND REVIEWED BY: Jennifer Nellis, Purchasing and Contracting Agent Heather Geyer, Administrative Services Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No . 09-2015 2. Open Purchase Order Report for 2014 TITLE: CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 09 Series of 2015 A RESOLUTION AMENDING THE FISCAL YEAR 2015 BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR THE RE-APPROPRIATION AND RE- ENCUMBRANCE OF 2014 FISCAL YEAR ENCUMBERED FUNDS IN THE AMOUNT OF $2,318,521.48. WHEREAS, the City's independent auditor has recommended that the City utilize generally accepted accounting principles (GAAP) for its budgeting basis which requires all encumbrances to expire at year end; and WHEREAS, 43 open purchase orders from 2014 were closed on December 31,2014;and WHEREAS, to continue these projects in 2015 a supplemental budget appropriation is necessary to transfer the funds from unreserved fund balances to specific 2015 budget line items: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. The City of Wheat Ridge fiscal year 2015 budget be amended accordingly, specifically transferring a total of $2,318 ,521.48 from the following unreserved fund balances to specific 2015 budget line items as detailed in the attached spreadsheets : General Fund $ 313,633.87 Capital Investment Program Fund (CIP) $ 799,123.69 Open Space Fund $1,152,932.83 Conservation Trust Fund $ 52,831.09 Total $2,318,521.48 DONE AND RESOLVED this 09th day of February 2015. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk Attachment 1 CITY OF WHEAT RIDGE OPEN PURCHASE ORDERS AS OF 12/31/14 PO/LINE ORDERED DESCRIPTION OPEN QTY OPEN AMT ORIG AMT VENDOR NUMBER/ NAME General Fund 01 -106-700-750 PROFESSIONAL SERVICES 61147/1 12/18/2014 CITY MATCH FOR TECHNICAL 1 $ 10,000.00 $ 10,000.00 31069 URBAN LAND INSTITUTE 01-106-700-750 TOTAL $ 10,000.00 Description : PO 61147 is the City's portion for the hosting of an Urban Land Institute Technical Advisory Panel event to be held in February 2015 for the Ward Road Station Area . This event was not budgeted for in 2015, therefore 2014 funds have been encumbered for this purpose . 01 -118-700-774 61144/1 01-1 18-700-774 FACILITY REPAIR & MAINTENANCE 12/17/2014 DUCT CLEANING AT CITY HALL TOTAL 1 $ 16,500.00 $ 16,500.00 $ 16,500.00 23054 MONSTER VAC INC. Description : PO 61144 is for duct cleaning at City Hall which was scheduled for completion in January of 2015 . The cleaning has been done . 01-1 20-700-702 61146/1 01-120-700-702 (See above .) CONFERENCE & MEETING EXPENSE 12/18/2014 URBAN LAND INST. TECH. TRNING -FOOD TOTAL 01 -123-700-750 PROFESSIONAL SERVICES 60943/1 10/14/2013 BROWNFIELDS ENVIRONMENTAL 01-123-700-750 TOTAL 1 $ 1,200.00 $ 1,200.00 22233 VARIOUS VENDORS $ 1,200.00 1 $ 168,094.95 $280,000 .00 30871 RMC CONSULTANTS , INC $ 168,094.95 Description : PO 60943 is an EPA grant-funded project awarded to RMC Consultants in the fall of 2013 that will involve community meetings, research and program activities through September of 2015. The grant award expires in 2015, unless otherwise mutually extended . Attachment 2 Page 1 of9 CITY OF WHEAT RIDGE OPEN PURCHASE ORDERS AS OF 12/31/14 PO/LINE ORDERED DESCRIPTION OPEN QTY OPEN AMT ORIG AMT VENDOR NUMB ER/ NAME 01-207 -650-657 RANGE SUPPLIES 60957/2 11/26/2013 SPEER .40 S&W , #53962 3 $ 945 .00 $ 945 .00 22923 ULTRAMAX AMMUNITION 61040/4 3/6/2014 PART #AE9AP CASE/1000 15 $ 2,655 .00 $ 2,655 .00 22923 ULTRAMAX AMMUNITION 61040/6 3/6/2014 PART #AE40RI CASE/1000 20 $ 4,360 .00 $ 4,360 .00 22923 ULTRAMAX AMMUNITION 61128/1 10/22/2014 AMMU NITION PER STATE AGREEMENT 1 $ 12,277 .00 $ 13 ,732 .00 22923 ULTRAMAX AMMUNITION 61142/1 12/8/2014 AMMUNITION PER STATE AGREEM ENT 1 $ 2,340 .00 $ 4,210 .00 22923 ULTRAMAX AMMUNITION 22923 ULTRAMAX AMMUNITION 01 -207 -650-657 TOTAL $ 22 ,577 .00 Description : PO 60957 , 61040, 61128 and 61142 are for ammunit ion, which is commonly back -ordered due to a nationwide shortage . Delivery times can vary from 6 to 18 months under current conditions, resulting in the need to carry over funds . 01-211 -700-730 UNIFORMS & PROT . CLOTHING 61117/1 9/18/2014 BALLISTIC VESTS AND ACCESSORIES 1 $ 4,486 .26 $ 4,486 .26 30936 TYR 01-211 -700-730 TOTAL $ 4,486.26 Description : PO 61117 is for SWAT vests ordered , but not received in 2014. Delivery is expected in 2015 . 01 -302 -700-750 60042/1 01 -302 -700-750 PROFESSIONAL SERVICES 12/14/2011 BIKE/PED STRE ETSCAP E DESIGN TOTAL 1 $ $ 8,831.41 $ 89,917 .00 8,831.41 30658 CHARLIER ASSOCIATES, INC. Description : Originally issued in late 2011 for the development of preliminary streetscape designs along the primry arterial streets in the City and including an additional phase of the Bicycle and Pesdestrian Master Plan , PO 60042 was carried over to 2012 and 2013 . A pay request in the amount of $6,160 .26 was in dispute as of the end of 2013 ; and the PO was carried over to 2014 . There has been no activity on the project since 2012. In 2015 the Public Works Department intends to draft notice to terminate the contract and Purchase Order. Page 2 of9 CITY OF WHEAT RIDGE OPEN PURCHASE ORDERS AS OF 12/31/14 PO/LINE 01 -303 -700-704 61029/1 61124/1 61148/1 01 -3 03 -700-704 ORDERED DESCRIPTION CONTRACTUAL SERVICES 2/20/2014 32ND & YOUNG FIELD SIGNAL TIMING PLN 10/13/2014 PEDESTRIAN POLE/ LED FIXTURES 12/19/2014 VEHICLE HAILSTORM DAMAGE REPAIRS TOTAL OPEN QTY OPEN AMT 1 1 1 $ $ $ $ 6,365.00 8,718 .00 7,301.25 22,384.25 ORIG AMT VENDOR NUMBER/ NAME $ 6,365.00 $ 8,718 .00 $ 10,000 .00 13170 W.L. CONTRACTORS, INC. 31068 MOUNTAIN STATES LGT 30961 CALIBER COLLISION Description : PO 61029 represents a comm itment to develop signal light timing plans for the Youngfield corridor, specifically at 32nd Ave . Some work was started in 2014 but the majority of the project is expected to be completed in 2015. PO 61124 is for a light pole which is expected to be delivered in January or February 2015. PO 61148 represents funds received from CIRSA and encumbered for vehicle repairs needed as a result of a July hail storm. Two cars were completed in 2014, two more in early January 2015, and one is being worked on now; for a total of five vehicles covered on this purchase order. 01 -601 -700-750 61057/1 01 -601 -700-750 PROFESSIONAL SERVICES 4/10/2014 GRAPHIC DESIGN SERVICES TOTAL 1 $ 1,220.00 $ 4,900.00 30980 QUINBY CLUNE DESIGN $ 1,220.00 Description : PO 61057 is for graphic design services for a City of Wheat Ridge Clear Creek trail map/brochure. The designer has completed the project, but work did continue into January of 2015 . The invoice for the open PO balance will be paid in February following approval of this carryover. 01 -603 -700-774 FACILITY REPAIR & MAINTENANCE 61130/1 10/30/2014 CIRSA FUNDS FOR 7/7/14 HAIL DAMAGE 61154/1 01 -603 -700-774 12/31/2014 CREEKSIDE VANDALISM REPAIRS TOTAL 1 1 $ 49,360 .00 $ 66 ,860 .00 22233 VARIOUS VENDORS $ 4,980 .00 $ 4,980.00 4980 CONTRACTORS $ 54 ,340 .00 Description : PO 61130 represents funds received from CIRSA and encumbered for roofing repairs needed at the Anderson Pool and the Parks, Forestry and Open Space facilities as a result of a July hail storm . Repairs to the PFOS office building are complete . Repairs to the other buildings will be done in the first quarter of 2015. A roofing contractor has been selected following a formal solicitation. PO 61154 is for replacement of a lightpole at Creekside Park due to vandalism . The pole is on order and the installation work will be done in early 2015 . Page 3 of9 PO/LINE 01-605-650-654 61150/1 01 -605-650-654 CITY OF WHEAT RIDGE OPEN PURCHASE ORDERS AS OF 12/31/14 ORDERED DESCRIPTION PHOTOCOPY & PRINTING EXP. 12/19/2014 CLEAR CREEK TRAIL MAPS TOTAL OPEN QTY OPEN AMT ORIG AMT VENDOR NUMBER/ NAME 1 $ $ 4,000.00 $ 4,000 .00 4,000.00 23125 PUBLICATION PRINTERS CO Description : PO 61150 work could not be completed in 2014, as graphic design work (see PO 61057 above) was not finished . Printing of the Clear Creek Trail Maps is anticipated in the first quarter of 2015 . TOTAL01 GENERAL FUND Capital Project Fund 30-302-800-833 61092/3 61092/4 30-302-800-83 3 MISC DRAINAGE IMPROVE ENGINEERING 7/21/2014 2014 OVERLAY PROJECT/DRAINAGE SPECIFIC 7/21/2014 LIQUIDATED IN ERROR-ADD BACK TO PO TOTAL 1 1 $313,633.87 $ 881.31 $ 19,565.88 $ 1,939. 76 $ 1,939. 76 $ 2,821.07 30681 MARTIN MARIETIA 30681 MARTIN MARIETIA Description : PO 61092 represents Bid Alternate #1 of the 2014 Overlay Project award . Work is now complete and will be advertised in the Daily Journal prior to releasing final payment of retainage to the vendor in 2015 . The PO will be closed out at that time . 30-302 -800-835 61143/1 30-302-800-835 29TH AVE DRAINAGE IMPROVEMENTS 12/17/2014 36" VALVE, STAIN 2 CONCRETE INLET FACES TOTAL 1 $ $ 8,200.00 $ 8,200.00 8,200.00 29886 MAJESTIC CONCRETE Description : PO 61143 represents improvements to the drainage system near the Richards -Hart Estate . Work will be done in 2015 . 30-303-800-841 61087/1 30-303-800-841 32ND & YOUNGFIELD IMPROVEMENTS 7/7/2014 CLEAR CREEK CROSSING DEVELOPMENT TOTAL 1 $ 3,654.49 $109,213.99 30978 PARSONS BRINCKERHOFF $ 3,654.49 Description: Regarding PO 61087, the engineering work for the Clear Creek Crossing Development is 97% complete . Work will continue in 2015. Page 4 of 9 CITY OF WHEAT RIDGE OPEN PURCHASE ORDERS AS OF 12/31/14 PO/LINE ORDERED DESCRIPTION OPEN QTY OPEN AMT ORIG AMT VENDOR NUMBER/ NAME 30-303 -800-842 KIPLING PEDESTRIAN IMPROVEMENTS 60659/2 10/1/2012 CONTINGENCY 1 $ 39,344.45 $ 40,000.00 30298 BOHANNAN HUSTON , INC. 30-303 -800-842 TOTAL $ 39 ,344.45 Authorization of additional easement preparation service work was executed on January 20, 2015 and will be paid from the contingency balance following approval of this carryover request . 30-303 -800 -852 BIKE/PEDESTRIAN IMPROVEMENTS 61093/1 7/21/2014 2014 OVERLAY PROJECT-BID ALT #4 61093/2 7/21/2014 LIQUIDATED IN ERROR -ADD BACK TO PO 30 -303 -800-852 TOTAL 1 1 $ 3,868.45 $ 86,551.10 30681 MARTIN MARIETIA $ 9,182 .03 $ 9,182.03 30681 MARTIN MARIETIA $ 13,050.48 Description: PO 61093 represents Bid Alternate #4 of the 2014 Overlay Project award . Work is now complete and will be advertised in the Daily Journal prior to releasing final payment of retainage to the vendor in 2015. The PO will be closed out at that time . 30-303 -800-854 WADSWORTH PEL 61033/4 2/25/2014 WADSWORTH PEL STUDY CONTRACT 61033/5 2/25/2014 CONTINGENCY FOR WADSWORTH PEL STUDY 30-303 -800-854 TOTAL 1 1 $ 305,659 .52 $962 ,351.41 30978 PARSONS BRINCKERHOFF $ 96,200.00 $ 96 ,200.00 30978 PARSONS BRINCKERHOFF $ 401 ,859.52 Description: Work authorized Agreement and PO 61033 for the Wadsworth PEL Study is now 68% complete, and will continue in 2015 . 30-303 -800-860 GOLD LINE STATION STREET PROJECT 61122/1 10/10/2014 TABOR STREET ACQUISITION SERVICES 1 $ 99 ,835.59 $121,312.18 30968 H.C. PECK & ASSOCIATES 30-303 -800-860 TOTAL $ 99,835 .59 Description : PO 61122 for property acquisition services along Tabor Street for the future Gold Line Station is not complete . Work will continue in 2015. Page 5 of9 CITY OF WHEAT RIDGE OPEN PURCHASE ORDERS AS OF 12/31/14 PO/LINE ORDERED DESCRIPTION OPEN QTY OPEN AMT ORIG AMT VENDOR NUMBER/ NAME 30-303-800-884 PREVENTATIVE MAINT STREET MAINT 61054/1 4/9/2014 2014 CRACK SEAL PROJECT 1 $ 50,645 .70 $142,410.00 23251 COATINGS, INC. 61054/2 4/9/2014 CONTINGENCY FOR 2014 CRACK SEAL PROJEC 1 $ 7,120.00 $ 7,120.00 23251 COATINGS , INC. 61091/1 7/21/2014 2014 OVERLAY PROJECT -BASE BID 1 $ 9,006.31 $999,605.95 30681 MARTIN MARIETIA 61091/2 7/21/2014 CONTINGENCY FOR 2014 OVERLAY PROJECT 1 $ 43 ,130.51 $ 50,000.00 30681 MARTIN MARIETIA 61091/3 7/21/2014 LIQUIDATED IN ERROR -ADD BACK TO PO 1 $ 6,869 .49 $ 6,869 .49 30681 MARTIN MARIETIA 30-303 -800-884 TOTAL $ 116,772 .01 Description : PO 61054 represents the 2014 Crack Seal Project award. Work is now complete and will be advertised in the Daily Journal prior to releasing final payment of retainage to the vendor in 2015 . The PO will be closed out at that time . PO 61091 represents the base bid award of the 2014 Overlay Project. This project work is complete and will . be advertised in the Daily Journal prior to releasing final payment of retainage to the vendor in 2015 . The PO will be closed out at that time . 30 -303-800-892 NEIGHBORHOOD REVITALIZATION 61132/1 11/7/2014 38TH AVE . RECONSTRUCTION EASEMENT SER 1 $ 3,721.08 $ 34 ,085 .00 30298 BOHANNAN HUSTON, INC. 30-303-800-892 TOTAL $ 3,721.08 Description: All work done in 2014 regarding PO 61132 has been paid . The carryove r request is to keep this project on hold until there is further direction from Council. 30-304-800-844 61086/2 61094/2 30-304-800-844 NEIGHBOR TRAFFIC MANAGEMENT PROJECT (NTMP) 7/2/2014 PROGRAM FUNDS ENCUMBERED 7/21/2014 2014 OVERLAY PROJECT -BID ALT #5 TOTAL 1 1 $ 26,751.84 $ 26,751.84 22233 VARIOUS VENDORS $ 15,113.16 $ 15,113 .16 30681 MARTIN MARIETIA $ 41,865 .00 Description : PO 61086 remains open pending the October 2014 Council approval of a final Neighborhood Traffic Management Program and determination of intended projects in 2015 . PO 61094 is also subject to finalization of the NTMP, determination of projects, and petitions allowing the City to proceed with work. The department expects to continue the work in 2015 . Page 6 of9 PO/LINE 30-610-800-811 61157/1 61158/1 30-610-800-811 CITY OF WHEAT RIDGE OPEN PURCHASE ORDERS AS OF 12/31/14 ORDERED DESCRIPTION OPEN QTY OPEN AMT ORIG AMT VENDOR NUMBER/ NAME CITY HALL IMPROVEMENTS GENERAL OPERATION 12/31/2014 ENCUMBER FUNDS FOR CITY HALL SIGNAGE 12/31/2014 ENCUMBER FUNDS FOR COURT AREA REMOD 1 1 $ 5,000.00 $ 5,000.00 30267 GORDON SIGN -DENVER $ 63,000.00 $ 63,000.00 22233 VARIOUS VENDORS TOTAL $ 68,000.00 Description: PO 61157 is to encumber funds for signage at City Hall; work to be authorized in 2015. PO 61158 is to encumber funds for remodeling of the Court facilities and offices. Court staff has been discussing this project, but there was no action in 2014 . The project was not budgeted for 2015, therefore we request that the 2014 funds are carried over. TOTAL30 Open Space Fund 32-601-800-864 61001/1 32-601-800-864 CAPITAL INVESTMENT PROGRAM FUND (CIP) DISTRICT II PARK DEVELOPMENT 1/2/2014 44TH & KENDALL PARK CONSTRUCTION TOTAL $799,123.69 1 $ 10,535.88 $ 77,955.90 22375 GOODLAND CONST. INC $ 10,535.88 Description : PO 's 60894 and 61001 pertain to the Hopper Hollow Park at 44th and Kendall. There were construction delays in 2014 due to water mitigation efforts on the park land , and the park opening has been delayed until the Spring of 2015. These vendors remain engaged in the park construction until final acceptance by the City. Page 7 of9 CITY OF WHEAT RIDGE OPEN PURCHASE ORDERS AS OF 12/31/14 PO/LINE ORDERED DESCRIPTION OPEN QTY OPEN AMT ORIG AMT VENDOR NUMBER/ NAME 32 -601-800-865 PW/PARKS OPERATIONS FACILITY 60951/1 11/21/2013 ARCHITECTURAL/ENGINEERING SERVICES 1 $ 2,711.54 $ 24,208 .00 21059 BARKER, RINKER , SEACAT 60954/1 11/22/2013 ENCUMBER FUNDS 1 $ 30,802 .75 $125,792 .00 22233 VARIOUS VENDORS 61123/1 10/2/2014 CONTRACT ITB -14 -10 CONSTRUCTION 1 $ 597,194 .45 $644 ,209 .00 31031 GROWLING BEAR CO , INC. 32 -601 -800-865 TOTAL $ 630,708 .74 Description : PO's 60951, 60954 and 61123 all pertain to the design and construction of the Vehicle Storage Building for the Parks, Open Space and Forestry equipment which is currently under construction just north of the Public Works Shops property. Construction is expected to be completed in the first half of 2015 . 32 -601 -800-872 TRAIL REPLACEMENT/REPAIR 61080/1 6/16/2014 CLEAR CREEK TRAIL DESIGN & PREP CONST D< 1 $ 38 ,623 .73 $ 68,323 .00 31023 ICON ENGINEERING 61080/2 6/16/2014 ECOLOGICAL SERVICES 1 $ 729.88 $ 6,300.00 31023 ICON ENGINEERING 61156/1 12/31/2014 ENCUMBER FUNDS FOR CONSTRUCTION 1 $ 375,377 .00 $375,377.00 22233 VARIOUS VENDORS 32 -601 -800-872 TOTAL $ 414 ,730 .61 Description: PO 61080 is for the design, ecological testing, and preparation of construction documents for a new portion of the Clear Creek Trail to the north and west of the Recreation Center. Work is in progress on the design and associated documents. PO 61156 encumbers 2014 funds for the construction of the new portion of the Clear Creek Trail. This project was not budgeted for in 2015 . 32 -601-800-873 PROSPECT PARK IMPROVEMENTS 61155/1 12/31/2014 PROSPECT PARK MASTER PLAN 1 $ 80,000 .00 $ 80 ,000 .00 22233 VARIOUS VENDORS 32 -601-800-873 TOTAL $ 80,000 .00 Description : PO 61155 encumbers 2014 funds for a Master Plan specific to Prospect Park . This project was not budgeted for in 2015, and was not begun in 2014 as the overall Parks & Recreation Master Plan is not yet complete . {See PO 61090 below.) Page 8 of 9 CITY OF WHEAT RIDGE OPEN PURCHASE ORDERS AS OF 12/31/14 PO/LINE ORDERED DESCRIPTION OPEN QTY OPEN AMT ORIG AMT VENDOR NUMBER/ NAME 32 -601 -800-875 MASTER PLAN UPDATES 61090/1 7/18/2014 CONSULT SERV GREENBELT MSTR PLN 1 $ 16,957.60 $ 49,989 .00 31025 GREENPLAY, LLC 32-601-800-875 TOTAL $ 16,957 .60 Description : PO 61090 represents consulting services specific to updating the Parks & Recreation Master Plan. Work involves seven distinct tasks, and has been underway since August of 2014 . It is anticipated that the Plan will be completed in April of 2015 . TOTAL 32 OPEN SPACE FUND $1,152,932.83 Conservation Trust Fund 54-601 -800-870 RECREATION CENTER 61151/1 12/19/2014 NEW DRINKING FOUNTAINS 1 1 $ 2,955.75 $ 2,955.75 30930 NORTHERN CO PAPER 61152/1 12/19/2014 FURNISH/INSTALL 2 DORMA SWINGING DOOI $ 3,466.00 $ 3,466.00 4910 DOOR SPECIALTIES 54-601 -800-870 TOTAL $ 6,421.75 Description : PO 61151 encumbers funds for 2 drinking fountains for the Recreation Center. The equipment has not been received, and is not expected until 2015. PO 61152 is for replacement of the panic bars on the south patio doors at the Rec Center pool. The bars were not installed in 2014, work is anticipated in 2015 . 54-601 -800-872 60992/1 61002/1 54-601 -800-872 PARK MAINTENANCE PROJECTS 12/31/2013 CONTINGENCY, 44th & KENDALL 1/2/2014 44TH & KENDALL PARK TOTAL 1 1 $ 32,903.50 $ 50,000.00 $ 13,505.84 $ 42,050.00 $ 46,409 .34 22233 VARIOUS VENDORS 22233 VARIOUS VENDORS Description: PO's 60992 and 61002 were issued to various vendors for construction and contingency costs associated with the new Hopper Hollow Park, which has not yet been officially opened and/or accepted by the City . The opening has been rescheduled for the Spring of 2015 . Park maintenance costs and unforseen expenses may be incurred, therefore these 2014 funds may be needed in 2015 . TOTAL 54 CONSERVATION TRUST FUND $52,831.09 ***GRAND TOTAL*** $2,318,521.48 Page 9 of9 ~~'~ ... ~ .-City of • ?WheatRi_dge ITEM NO: I c. DATE: February 9, 2015 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 10-2015 - A RESOLUTION APPROVING AN AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR THE KIPLING STREET MULTI-USE TRAIL FROM 32N° TO 44TH AVENUE D PUBLIC HEARING D BIDS/MOTIONS [gj RESOLUTIONS ISSUE: D ORDINANCES FOR I ST READING D ORDINANCES FOR 2 DREADING D YES ~· City Manager The City was awarded federal funding for a multi-use trail project on Kipling Street from 32°d to 44th Avenue through the Denver Regional Council of Governments (DRCOG) Transportation Improvement Program (TIP) in March 2011. The Colorado Department of Transportation (CDOT) will administer the project's federal funding , while the City will manage the project design and construction. The project consists of the construction of a trail to accommodate pedestrians and bicyclists , including the construction of a pedestrian bridge over Clear Creek. The City previously entered into an Intergovernmental Agreement (IGA) with CDOT on October 24 , 2011 , to formally authorize the project. The IGA required that the City finance the cost of the project, with a total maximum federal reimbursement of$2,473 ,000. At that time , the IGA only authorized the reimbursement of the design phase of the project. Amending the IGA is necessary in order to specifically authorize funding for the construction phase and encumber the federal funds accordingly. The overall federal grant amount remains unchanged at $2 ,473 ,000 with the remaining project cost being funded by the City. Council Action Form -Amendment to Kipling TraillGA February 9, 2015 Page 2 PRIOR ACTION: The City Council approved a design contract on July 23 , 2012 , with Bohannan Huston in the amount of $197 ,533.02 with a contingency amount of$40,000. Subsequently, the City Council approved a design contract amendment on March 11, 2013 , with Bohannan Huston to increase the amount by $168 ,000 for a total contract amount of$405,533.02. Bohannan Huston's contract included design services for the pedestrian bridge and obtaining the right-of-way acquisitions needed to construct the trail. The original contract with Bohannan Huston did not account correctly for the scope of the right-of-way acquisitions. On January 14 , 2014 , the City Council approved a resolution authorizing private property acquisition for the purpose of constructing the trail. The cost for property acquisition along the project segment is $318 ,918 to date. FINANCIAL IMPACT: City Staff will administer the construction with a federal reimbursement of 82.79% of construction related costs , not to exceed $2,199,000 by CDOT. The IGA includes the City's match of $457,117, for a total construction funding of $2 ,656,117 . While the project cost is not expected to exceed the project estimate, any unlikely shortfall will be provided by the City. A budget line item , titled Kipling Pedestrian Improvements , has been included in the budget Capital Investment Program (CIP) to finance the project in the total amount of$2 ,835 ,000 . Thjs amount included an overmatch by the City of $178,883, which CDOT is no longer tracking and so has not been included in this IGA amendment. BACKGRO UND : In October 2010 , the City applied to the DR COG for federal transpmtation funds available for fiscal years 2012 through 2017 to help finance the construction of a multi-use trail on Kipling Street from 3211d to 441h Avenue . DRCOG awarded the grant in March 2011. This project will provide a new pedestrian and bicycling trail which connects Crown Hill Park, Discovery Park , Wheat Ridge Recreation Center, and Clear Creek Trail. This trail will also improve safety for users as a result of a wider new trail. The proposed trail construction is within the guidance of the City's Bike and Pedestrian Master Plan. The total amount for design and construction in the IGA was estimated at $3 ,178 ,000, with design at $343,000 and construction at $2,835,000. The City's total maximum reimbursement from the federal grant would be $2 ,473 ,000, with the design portion being $274 ,000 and the construction portion being $2 ,199 ,000. The City would provide the local matching funds for the remaining amount of$705,000, with the design portion estimated at $69 ,000 and the construction portion estimated at $636,000. The total local match included an overmatch by the City of $190,925, with the design portion being $12,042 and the construction portion being $178,883. To date , expenditures related to the design of the project total $405 ,000 , with the City rece iving the maximum reimbursement of $274,000. The right -of-way acquisitions total $318,918 to date. The right- of-way acquisition costs were not included in the original grant and so have not been reimbursed , but do count towards the City's overmatch. Council Action Form -Amendment to Kipling Trail IGA February 9, 2015 Page 3 COOT will continue to perform the contract oversight concerning federal and state regulations and the City will adminjster the construction of the project. The City has completed the construction plans and obtained all required clearances for utilities and environmental approvals. !Qght-of-way acquisitions have nearly been completed as well. The project is currently in the bidding stage and scheduled to begin construction in April 2015. RECOMMENDATIONS: Staff recommends that the IGA be approved as amended in order to proceed with the construction of the improvements. The City Attorney has reviewed the IGA amendment accordingly. RECOMMENDED MOTION: "I move to approve Resolution No. 10-2015, a resolution approving an amendment to the intergovernmental agreement with the Colorado Department of Transportation for the Kipling Street Multi-Use Trail from 32"d to 441h Avenue." Or, "I move to postpone indefinitely Resolution No. I 0-2015, a resolution approving an amendment to the intergovenunental agreement with the Colorado Department ofTransportation for the Kipling Street Multi-Use Trail fr~m 3211d to 441h Avenue for the following reason(s) . REPORT PREPARED BY: Mark Westberg, Project Supervisor Steve Nguyen, Engineering Manager Scott Brink, Director of Public Works Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 10-2015 2. COOT Intergovernmental Agreement Amendment, Project No. 18583 " CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 10 Series of 2015 TITLE: A RESOLUTION APPROVING AN AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR THE KIPLING STREET MULTI-USE TRAIL FROM 32N° TO 44TH AVENUE WHEREAS, the City Council wishes to provide for the construction of the Kipling Street multi-use trail from 32nd to 44th Avenue; and WHEREAS, the City has been awarded a federal transportation grant by the Denver Regional Council of Governments (DRCOG) to construct this particular trail segment; and WHEREAS, the City has negotiated an intergovernmental agreement (IGA) with the Colorado Department of Transportation, DRCOG's funding steward, for the funding of the Project; and WHEREAS, project funds have been programmed in the 2014 and 2015 Capital Investment Program budgets in the amounts of $350,314 and $2,835,000 respectively for the Kipling Street Pedestrian Improvements. An amendment to said IGA is necessary in order to authorize funds for construction, and to allow the City to obtain reimbursement of 82.79% of the Project costs from COOT upon Project completion. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: Section 1. IGA Amendment Approved. The IGA amendment between the City and the Colorado Department of Transportation for Project 18583: Kipling Street Multi-Use Trail construction from 32nd to 44th Avenue is hereby approved and the Mayor and City Clerk are authorized and directed to execute the same. Section 2. Effective Date. This Resolution shall be effective immediately upon adoption. DONE AND RESOLVED this __ day of _____ , 2015. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk Attachment 1 Amendment #I Project#: 18583, STU 391A-008 Project Name: KIPLING MULTI-USE PATH: 32NDT044TH Original Contract Routing # 12 HA6 36668 Amendment Routing#: 15 -HA 1-ZM-00 195 ID # 400000331 271001527 471000093 CONTRACT AMENDMENT 1. PARTIES This Amendment to the above-referenced Original Contract (hereinafter called the Contract) is entered into by and between CITY OF WHEAT RIDGE (hereinafter called "Contractor"), and the STATE OF COLORADO (hereinafter called the "State") acting by and through the Department of Transportation , (hereinafter called "COOT''). 2. EFFECTIVE DATE AND ENFORCEABILITY This Amendment shall not be effective or enforceable until it is approved and signed by the Colorado State Controller or designee (hereinafter called the "Effective Date"). The State shall not be liable to pay or reimburse Contractor for any performance hereunder including , but not limited to , co ts or expenses incurred , or be bound by any provi sio n hereof prior to the Effective Date. 3. FACTUAL RECITALS The Parties entered the Contract for the des ign and construction of the mi ssi ng egments of a 10 foot wide multi-u se path along the east side of Kipling Street from 32 "d Avenue to 441h Avenue . 4. CONSIDERATION-COLORADO SPECIAL PROVISIONS The Partie acknowledge that the mutual promi ses and covenants contained herein and other good and valuable consideration are sufficient and adequate to support thi s Amendment . The Parties agree to replacing the Colorado Special. Provi sio ns with the mo t recent ve rsio n (if such have been updated since the Contract and any modification thereto were effective) as part consideration for thi s Amendment. If applicable, such Special Provi sion are attached hereto and incorporated by reference herein as Section . 5. LIMITS OF EFFECT This Amendment is incorporated by reference into the Contract, and the Contract and all prior amendment s thereto , if any , remain in full force and effect except a specificaJJy modifi ed herein . 6. Modifications This amendment and all prior amendments thereto , if any , are modified as follows: i. reduce Total Budgeted Funds of $3,178,000 .00 by $178,823 .00 to a new Total Budgeted Funds amount of $2,999, 117 .00; i i. encumber Con struction Phase funds of $2,656, I 17.00 ; iii. replace Exhibit C with Exhibit C-1. Any reference to Exhibit C hall hereby refer to Exhibit C-1; iv. replace Section 7, Option Letter Modification, with updated language ; v. replace the Bilateral Sample Option Letter with a Unilateral Sample Option Letter by replacing Exhibit D with Exhibit D-1 ; vi. modify Supplemental Federal Provisions by replacing Exhibit K with Exhibit K-1; vii. Section 7 is deleted in its entirety and replaced with the following language: An option letter may be used to add a phase without increasing total budgeted funds, increase or decrease the encumberan.ce amount as shown on Exhibit C, and/or tranfer funds from one phase to another. Option lett er modification is limited to the specific scenarios Listed below. The option Letter shall not be deemed valid until signed by the State Controller or an authorized delegate . Document Builder Generated Page I of4 Attachment 2 A. Option to add a phase and/or increase or decrease the total encumbrance amount The State may require th e Local Agency to begin a phase that may include Design, Construction , Environmental, Utilities, ROW In c iden tals or Mis ce llan eous (this does not apply to Acquisition/Relocation or Railroads) as detailed in Exhibit A and at th e same terms and condition s s tated in the original Agreement, with th e total budgeted funds remaining the same. The State may simultan eously increase and/or decrease the total encum brance amount by replacing th e original funding exhibit (Ex hibit C) in th e original Agreement with an updated Exhibit C-1 (subsequent exhibits to Exhibit C-1 shall be lab eled C-2 , C-3 , etc). Th e State may exercise this option by providing a fully executed option to the Loca l Agency within thirty (3 0) days before the initial targeted start date of the phase, in a form substantially equivalent to Exhibit D. If the State exe rcises thi s option, th e Agreement wi ll be conside red to include thi s option pro vis ion.. B. Option to transfer funds from one phase to another phase . The State may require or permit the Local Agency to transfer funds from one phase (Design, Construction, Environmental, Utilities, RO W In cidentals or Mi scellaneous) to another as a result of changes to state, federal, and lo ca l match. The original funding exhibit (Exhibit C) in the original Agreement will be replaced wi th an updated Exhibit C-1 (subsequen t exhibits to Exhibit C-1 shall be fabled C-2 , C-3 , etc.) and attached to the op tion letter. The funds transferred from one phase to another are subj ect to the same terms and conditions stated in the origina l Agreement wi th the total budgeted funds remaining the same. The State ma y unilaterally exercise this option by providing a full y executed option to th e Local Agency wi thin thirty (30) days before the initial targeted s tart date of th e phase, in a form substantially equivalent to Exhibit D. Any transfer of funds from one phase to another is limited to an aggregate maximum of 24.99% of the original dollar amount of either phase affected by a transfer. A bilateral amendment is requ ired for any transfer exceeding 24.99 % of the original dollar amount of th e phase affected by th e in crease or decrease. C. Option to do both Options A and B. Th e State may require the Lo ca l Agency to add a phase as detailed in Exhibit A, and encumber and transfer funds from one phase to another. Th e original funding exhibit (Ex hibit C) in the original Agreement will be replaced wi th an updated Exhibit C-1 (subsequen t exhibits to Exhibit C-1 shall be lab eled C-2 , C-3 , etc.) and attached to th e option letter. Th e addition. of a phase and en cumbrance and transfer ojjunds are subject to the same terms and conditions sta ted in the original Agreement with th e total budgeted funds remai ning the same. Th e State may unilaterally exercise this option by providing a fully executed option to the Loca l Agency within thirty ( 30) days b efore th e initial targeted sta rt date of th e phase, in a form substantially equ i valen t to Exhibit D. 7. START DATE This Amendment sha ll take effect up on th e date of th e State Controller's Signature . 8. ORDER OF PRECEDENCE Document Builder Generated Page 2 of 4 Except for the Special Pro visio ns, in the event of any co nflict , inconsistency, variance, or co ntradiction between the provision s of thi s Amendment and any of the provi sion s of the Contract, the provi sions of this Amendment shall in all re spects supersede , govern, and control. The mo st recent version of the Special Provision s incorporated into the Contract or any amendment shall always control other provi sion s in the Contract or any amendments. 9. AVAILABLE FUNDS Financial obligations of the state payable after the current fiscal year are contingent upon fund s for that purpo se being appropriated , budgeted , or otherwise made available. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Do c ument Builder Generated Page 3 of 4 By: Titl e: B y: Titl e: SIGNATURE PAGE Agreeme nt Ro utin g Number 15 -HA 1-ZM -00 195 THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT * Perso ns sig nin g for The Local Agency hereby wea r and a ffirm that th ey are a utho ri zed to ac t on The Loca l Agency's beha lf a nd ac kn o wled ge th at th e St ate i relyin g on th e ir re presentati ons to that effect. THE LOCAL AGENCY STATE OF COLORADO CITY OF WHEAT RIDGE John W. Hickenlooper, GOVERNOR Colorado Department of Transportation Donald E. Hunt, Executive Director *Si gnature By: Joshua Laipply, P.E., Chief Engineer Date: Date: 2nd The Loca l Agency Si gnature if eeded LEGAL REVIEW John W. Suthers, Attorney General B y: Sig nature - A ista nt Att o rn ey General *Si gnature Date: Date: ALL AGREEMENTS REOUIRE APPROVAL BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State Agreements. This Agreement is not valid until signed and dated below by the State Controller or delegate. The Local Agency is not authorized to begin performance until such time. If The Local Agency begins performing prior thereto, the State of Colorado is not obligated to pay The Local Agency for such performance or for any goods and/or services provided hereunder. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By: ______________ _ Colorado De panment of Transpo rtati on Date: ________ _ Doc um e nt Builder Generated Page 4 of 4 EXHIBIT C-1 -FUNDING PROVISIONS STU 391 A-008 (18583) 1 2 3 A. Cost of Work Estimate The Local Agency has est imated t he total cost t he Work to be $2 ,999 , 117.00 , wh ich is to be funded as follows· BUDGETED FUNDS a. Federal Fu nds (STP Metro@ 82 .79%) $2 ,473 ,000 .00 b. Local Agency Match ing Fu nds (FY 14 STP Metro@ 17.21 %) $514 ,075.00 c. Local Agency Overmatch $12 ,042.00 TOTAL BUDGETED FUNDS $2 ,999 ,1 17.00 ESTIMATED COOT-INCURRED COSTS a. Fede ral Share $0 .00 (82.79% of Pa rt icipating Costs ) b. Local Agency $0 .00 TOTAL ESTIMATED COOT -INCURRED COSTS $0 .00 ESTIMATED PAYMENT TO LOCAL AGENCY a. Fede ral Funds Budgeted (1 a) $2 ,4 73 ,000.00 b. Less Estimated Federal Share of COOT-Inc urred Costs (2a) $0.00 TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY $2 ,4 73 ,000.00 FORCDOTENCUMBRANCEPURPOSES Federa l Funds (1 a) $2 ,4 73 ,000 .00 Local Agency Match ing Funds (1 b) $514 ,075 .00 Local Agency Over Matc hi ng Funds (1 c) $12 ,042.00 Less ROW Acqu isition 3111 and /or ROW Relocation 3109 $0.00 Net to be encumbered as follows : l$2 ,999 , 117.00 WBS Element 18583.1 0.30 DesiQn 3020 $343 ,000 .00 WBS Element 18583.20.1 0 Const 3301 $2 ,656 ,117.00 Exhi bit C-1 - Pag e 1 of 2 B. Matching Funds The matching ratio for the federal participating funds for this Work is 82 .79% federal-aid funds (CFDA #20.205) to 17.21% Local Agency funds , it being understood that such ratio applies only to the $2 ,987 ,075 .00 ($2 ,473 ,000.00 Federal Funds and $514 ,075.00 Local Agency Matching Funds) that is eligible for federal participation , it being further understood that all non -participating costs are borne by the Local Agency at 1 00%. If the total participating cost of performance of the Work exceeds $2 ,987 ,075 .00 , and additional federal funds are made available for the Work, the Local Agency shall pay 17.21% of all such costs eligible for federal participation and 100% of all non -participating costs ; if add itional federal funds are not made available , the Local Agency shall pay all such excess costs. If the total participating cost of performance of the Work is less than $2 ,987 ,075 .00 , then the amounts of Local Agency and federal-aid funds will be decreased in accordance with the funding ratio described herein . The performance of the Work shall be at no cost to the State. C. Maximum Amount Payable The maximum amount payable to the Local Agency under this Agreement shall be $2 ,473 ,000 .00 (For COOT accounting purposes , the federal funds of $2 ,473 ,000 .00 and the Local Agency match i ng funds of $514 ,075.00 and Local Agency Overmatch of $12 ,042 .00 will be encumbered for a total encumbrance of $2 ,999 , 117.00), unless such amount is increased by an appropriate written modification to this Agreement executed before any increased cost is incurred . It is understood and agreed by the parties hereto that the total cost of the Work stated hereinbefore is the best estimate available , based on the design data as approved at the time of execution of this Agreement , and that such cost is subject to revisions (in accord with the procedure in the previous sentence) agreeable to the parties prior to bid and award . D. Single Audit Act Amendment All state and local government and non -profit organizations receiving more than $500 ,000 from all funding sources defined as federal financial assistance for Single Audit Act Amendment purposes shall comply with the audit requirements of OMB Circular A-133 (Audits of States , Local Governments and Non -Profit Organizations) see also , 49 C.F .R. 18 .20 through 18.26. The Single Audit Act Amendment requirements applicable to the Local Agency receiving federal funds are as follows : i. Expenditure less than $500,000 If the Local Agency expends less than $500 ,000 in Federal funds (all federal sources , not just Highway funds) in its fiscal year then this requirement does not apply. ii. Expenditure exceeding than $500,000-Highway Funds Only If the Local Agency expends more than $500 ,000 in Federal funds , but only received federal Highway funds (Catalog of Federal Domestic Assistance , CFDA 20 .205) then a program specific audit shall be performed. This audit will examine the "financial " procedures and processes for this program area . iii. Expenditure exceeding than $500,000-Multiple Funding Sources If the Local Agency expends more than $500 ,000 in Federal funds , and the Federal funds are from multiple sources (FT A, HUD , NPS , etc.) then the Single Audit Act applies , which is an audit on the entire organization /entity . iv. Independent CPA Single Aud it shall only be conducted by an in dependent CPA, not by an auditor on staff . An audit is an allowable direct or indirect cost. Exh ibit C-1 -Page 2 of 2 EXHIBIT D-1 -OPTION LETTER SAMPLE IGA OPTION LETTER (This option has been created by the Office of the State Controller for COOT use only) NOTE: This option is limited to the specific contract scenarios listed below AND may be used in place of exercising a formal amendment. Date: State Fiscal Year: Option Letter No. Option Letter CMS Routing # Option Letter SAP # Original Contract CMS # I Original Contract SAP # I Vendor name: __________________________________________ _ SUBJECT: Option to unilaterally authorize the Local Agency to begin a phase which may include Design , Construction , Env ironmental , Utilities , ROW incidentals or Miscellaneous ONLY (does not apply to Acquisition/Relocation or Railroads) and to update encumbrance amounts( a new Exhibit C must be attached with the option letter and shall be labeled C-1, future changes for this option shall be labeled as follows : C-2, C-3, C-4, etc.). Option to unilaterally transfer funds from one phase to another phase (a new Exhibit C must be attached with the option letter and shall be labeled C-1 , future changes for this option shall be labeled as follows : C-2, C-3, C-4, etc.). Option to unilaterally do both A and B (a new Exhibit C must be attached with the option letter and shall be labeled C-1, future changes for th is opt ion shall be labeled as follows: C-2, C-3, C-4, etc .). REQUIRED PROVISIONS: Option A (Insert the following language for use with the Option A): In accordance with the terms of the or iginal Agreement (insert CMS routing# of the original Agreement) between the State of Colorado, Department of Transportation and (insert the Local Agency's name here), the State hereby exercises the option to authorize the Local Agency to begin a phase that will include (describe which phase will be added and include all that apply -Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous) and to encumber prev ious ly budgeted funds for the phase based upon changes in funding availab ility and authorization. The encumbrance for (Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous)is (insert dollars here). A new Exhibit C-1 is made part of the original Agreement and replaces Exhibit C. (The following is a NOTE only, please delete when using this option. Future changes for this option for Exhibit C shall be fabled as follows: C-2, C-3, C-4, etc.). Option B (Insert the following language for use with Option B): In accordance with the terms of the original Agreement (insert CMS #of the original Agreement) between the State of Colorado , Department of Transportation and (insert the Local Agency's name here), the State hereby exe rcises the option to transfer funds from (describe phase from which funds will be moved) to (describe phase to which funds will be moved) based on var iance in actual phase costs and original phase estimates . A new Exhibit C-1 is made part of the original Agreement and replaces Exhibit C. (The following is a NOTE only so please delete when using this option : future changes for this option for Exhibit C shall be labeled as follows : C-2, C-3, C-4, etc.; and no more than 24.99% of any phase may be moved using this option letter. A transfer greater than 24.99% must be Exhi bit D-1 -Page 1 of 2 made using an formal amendment) .. Option C (Insert the following language for use with Option C): In accordance with the terms of the original Agreement (insert CMS routing# of original Agreement) between the State of Colorado , Department of Transportation and (insert the Local Agency's name here), the State hereby exerc ises the option to 1) release the Local Agency to beg in a phase that will include (describe which phase will be added and include all that apply -Design, Construction, Environmental, Utilities , ROW incidentals or Miscellaneous); 2) to encumber funds for the phase based upon changes in fund ing avail abi li ty and authorization ; and 3) to transfer funds from (describe phase from wh ich funds will be moved) to (describe phase to wh ich funds will be moved) based on variance in actual phase costs and or iginal phase estimates . A new Exhibit C-1 is made part of the o ri ginal Agreement and replaces Exhibit C. (The following is a NOTE only so please delete when using this option : future changes for this option for Exhibit C shall be labeled as follows : C-2, C-3, C- 4, etc.; and no more than 24 .99% of any phase may be moved using this option letter. A transfer greater than 24.99% must be made using an formal amendment). (The following language must be included on ALL options): The total encumberance as a resul t of th is option and a ll previous options and/or amendments is now (insert total encumberance amount), as referenced in Exhibit (C-1 , C-2, etc., as appropriate). The total budgeted funds to satisfy services/goods ordered under the Agreemen t remains the same : (indicate total budgeted funds ) as referenced in Exhibit ( C-1 , C-2, etc., as appropriate) of the original Agreement. The effective date of th is option letter is upon approval of the State Contro ll er or delegate . APPROVALS: State of Colorado: John W. Hickenlooper, Governor By : Date : _______ _ Executive Directo r, Colorado Department of Transportati on ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State Contracts. This Agreement is not valid until signed and dated below by the State Controller or delegate. Contractor is not authorized to begin performance until such time. If the Local Agency begins performing prior thereto, the State of Colorado is not obligated to pay the Local Agency for such performance or for any goods and /or services provided hereunder. Form Updated : December 19,2012 State Controller Robert Jaros, CPA, MBA, JD By: _________________ ___ Date : ____________________________ _ Exhi b it D-1 -Page 2 of 2 EXHIBIT K-SUPPLEMENTAL FEDERAL PROVISIONS State of Colorado Supplemental Provisions for Federally Funded Contracts, Grants, and Purchase Orders Subject to The Federal Funding Accountability and Transparency Act of 2006 (FFATA), As Amended Revised as of 3-20-13 The contract , grant , or purchase order to which these Supplemental Provisions are attached has been funded , in whole or in part , with an Award of Federal funds . In the event of a conflict between the provisions of these Supplemental Provisions , the Special Provisions , the contract or any attachments or exhibits incorporated into and made a part of the contract, the provisions of these Supplemental Provisions shall control. 1. Definitions. For the purposes of these Supplemental Provisions , the following terms shall have the meanings ascribed to them below. 1.1. "Award" means an award of Federal financial assistance that a non-Federal Entity receives or administers in the form of: 1.1.1.Grants ; 1.1.2.Contracts; 1.1.3. Cooperative agreements , which do not include cooperative research and development agreements (CRDA) pursuant to the Federal Technology Transfer Act of 1986, as amended (15 U.S.C. 3710); 1.1.4.Loans ; 1.1.5.Loan Guarantees ; 1.1.6.Subsidies; 1.1.7.1nsurance ; 1 :1.8.Food commodities ; 1.1.9.Direct appropriations ; 1.1.1 0. Assessed and voluntary contributions; and 1.1.11. Other financial assistance transactions that authorize the expenditure of Federal funds by non -Federal Entities. Award does not include : 1.1.12. Technical assistance , which provides services in lieu of money; 1.1.13. A transfer of title to Federally-owned property provided in lieu of money; even if the award is called a grant ; 1.1.14. Any award classified for security purposes ; or 1.1.15. Any award funded in whole or in part with Recovery funds , as defined in section 1512 of the American Recovery and Reinvestment Act (ARRA) of 2009 (Public Law 111-5). 1.2. "Contract" means the contract to which these Supplemental Provisions are attached and includes all Award types in §1.1.1 through 1.1.11 above . 1.3. "Contractor" means the party or parties to a Contract funded , in whole or in part , with Federal financial assistance , other than the Prime Recipient , and includes grantees, subgrantees , Subrecipients , and borrowers. For purposes of Transparency Act reporting , Contractor does not include Vendors. 1.4. "Data Universal Numbering System (DUNS) Number" means the nine-digit number established and assigned by Dun and Bradstreet , Inc . to uniquely identify a business entity. Dun and Bradstreet's website may be found at: http ://fedgov .dnb.com/webform . 1.5. "Entity" means all of the following as defined at 2 CFR part 25 , subpart C; 1.5.1. A governmental organization , which is a State , local government, or Indian Tribe ; 1.5.2.A foreign public entity ; 1.5.3.A domestic or foreign non-profit organization ; 1.5.4.A domestic or foreign for-profit organ ization ; and 1.5.5. A Federal agency, but only a Subrecipient under an Award or Subaward to a non-Federal Exh ibit K-1 -Page 1 of 4 entity . 1.6. "Executive " means an officer , managing partner or any other employee in a management position . 1.7. "Federal Award Identification Number (FAIN)" means an Award number assigned by a Federal agency to a Prime Recipient. 1.8. "FFATA" means the Federal Funding Accountabil ity and Transparency Act of 2006 (Public Law 109- 282), as amended by §6202 of Public Law 110-252. FFATA , as amended , also is referred to as the 'Transparency Act." 1.9. "Prime Recipient " means a Colorado State agency or institution of higher education that receives an Award . 1.10. "Subaward " means a legal instrument pursuant to which a Prime Recipient of Award funds awards all or a portion of such funds to a Subrecipient , in exchange for the Subrec ipient's support in the performance of all or any portion of the substantive project or program for which the Award was granted . 1.11. "Subrecipient " means a non-Federal Entity (or a Federal agency under an Award or Subaward to a non-Federal Entity) receiving Federal funds through a Prime Recipient to support the performance of the Federal project or program for which the Federal funds were awarded. A Subrecipient is subject to the terms and conditions of the Federal Award to the Prime Recipient , including program compliance requirements . The term "Subrecipient" includes and may be referred to as Subgrantee . 1.12. "Subrecipient Parent DUNS Number" means the subrecipient parent organization 's 9-digit Data Universal Numbering System (DUNS) number that appears in the subrecipient's System for Award Management (SAM) profile , if applicable . 1.13. "Supplemental Provisions " means these Supplemental Provisions for Federally Funded Contracts , Grants , and Purchase Orders subject to the Federal Funding Accountability and Transparency Act of 2006 , As Amended , as may be revised pursuant to ongoing guidance from the relevant Federal or State of Colorado agency or institution of higher education . 1.14. "System for Award Management (SAM)" means the Federal repository into which an Entity must enter the information required under the Transparency Act , which may be found at http ://www.sam .gov. 1.15. "Total Compensation " means the cash and noncash dollar value earned by an Executive dur in g the Prime Recipient's or Subrecipient's preced ing fiscal year and includes the following : 1.15.1. Salary and bonus ; 1.15.2. Awards of stock , stock options , and stock appreciation rights , using the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No . 123 (Revised 2005) (FAS 123R), Shared Based Payments ; 1.15.3 . Earnings for services under non-equity incentive plans , not including group life , health , hospitalization or medical reimbursement plans that do not discriminate in favor of Executives and are available generally to all salaried employees ; 1.15.4. Change in present value of defined benefit and actuarial pension plans ; 1.15.5. Above -market earn ings on deferred compensation which is not tax-qualified ; 1.15.6. Other compensation , if the aggregate value of all such other compensation (e .g. severance , termination payments , value of life insurance paid on behalf of the employee , perquisites or p ro perty) for the Executive exceeds $10 ,000 . 1.16. "Transparency Act " means the Federal Funding Accountability and Transparency Act of 2006 (Public Law 1 09-282), as amended by §6202 of Public Law 110-252 . The Transparency Act also is referred to as FFATA. Exhibit K-1 -Page 2 of 4 1.17 "Vendor" means a dealer, distributor , merchant or other seller providing property or services required for a project or program funded by an Award . A Vendor is not a Prime Recipient or a Subrecipient and is not subject to the terms and conditions of the Federal award . Program compliance requirements do not pass through to a Vendor. 2. Compliance. Contractor shall comply with all applicable provisions of the Transparency Act and the regulations issued pursuant thereto , including but not limited to these Supplemental Provisions. Any revisions to such provisions or regulations shall automatically become a part of these Supplemental Provisions , without the necessity of either party executing any furthe r instrument. The State of Colorado may provide written notification to Contractor of such revisions, but such notice shall not be a condition precedent to the effectiveness of such revisions . 3. System for Award Management (SAM) and Data Universal Numbering System (DUNS) Requirements. 3.1. SAM. Contractor shall maintain the currency of its information in SAM until the Contractor submits the final financial report required under the Award or receives final payment , whichever is later. Contractor shall review and update SAM information at least annually after the initial registration , and more frequently if required by changes in its information. 3.2. DUNS. Contractor shall provide its DUNS number to its Prime Recipient , and shall update Contractor's information in Dun & Bradstreet, Inc . at least annually after the initial registration , and more frequently if required by changes in Contractor's information . 4. Total Compensation . Contractor shall include Total Compensation in SAM for each of its five most highly compensated Executives for the preceding fiscal year if : 4.1. The total Federal funding authorized to date under the Award is $25 ,000 or more ; and 4.2. In the preqeding fiscal year, Contractor received: 4.2.1. 80% or more of its annual gross revenues from Federal procurement contracts and subcontracts and/or Federal financial assistance Awards or Subawards subject to the Transparency Act ; and 4.2.2. $25 ,000 ,000 or more in annual gross revenues from Federal procurement contracts and subcontracts and/or Federal financial assistance Awards or Subawards subject to the Transparency Act; and 4.3. The public does not have access to information about the compensation of such Executives through periodic reports filed under section 13(a) or 15(d) of the Secur ities Exchange Act of 1934 (15 U.S.C . 78m(a), 78o(d) or§ 6104 of the Internal Revenue Code of 1986. 5. Reporting. Contractor shall report data elements to SAM and to the Prime Recipient as required in §7 below if Contractor is a Subrecipient for the Award pursuant to the Transparency Act. No direct payment shall be made to Contractor for providing any reports required under these Supplemental Provisions and the cost of producing such reports shall be included in the Contract price . The reporting requirements in §7 below are based on guidance from the US Office of Management and Budget (OMB), and as such are subject to change at any time by OMB. Any such changes shall be automatically incorporated into this Contract and shall become part of Contractor's obligations under this Contract, as provided in §2 above. The Colorado Office of the State Controller will provide summaries of revised OMB reporting requirements at http://www.colorado .gov/dpa/dfp/sco/FFAT A.htm. 6. Effective Date and Dollar Threshold for Reporting. The effective date of these Supplemental Provisions apply to new Awards as of October 1, 201 0. Reporting requirements in §7 below apply to new Awards as of October 1, 2010 , if the initial award is $25 ,000 or more. If the initial Award is below $25 ,000 but subsequent Award modifications result in a total Award of $25 ,000 or more , the Award is subject to the reporting requirements as of the date the Award exceeds $25 ,000. If the initial Award is $25 ,000 or more , but funding is subsequently de-obligated such that the total award amount falls below $25 ,000 , the Award shall continue to be subject to the reporting requirements . Exhibit K-1 -Page 3 of 4 7. Subrecipient Reporting Requirements. If Contractor is a Subrecipient, Contractor shall report as set forth below . 7.1 ToSAM. A Subrecipient shall register in SAM and report the following data elements in SAM for each Fede ral Award Identification Number no later than the end of the month following the month in which the Subaward was made: 7.1.1 Subrecipient DUNS Number ; 7.1.2 Subrecipient DUNS Number+ 4 if more than one electronic funds transfer (EFT) account ; 7.1.3 Subrecipient Parent DUNS Number ; 7.1.4 Subrecipient's address , including : Street Address , City , State , Country , Zip + 4, and Congressional District ; 7.1.5 Subrecipient 's top 5 most highly compensated Executives if the criteria in §4 above are met ; and 7 .1.6 Subrecipient's Total Compensation of top 5 most highly compensated Executives if criteria in §4 above met. 7.2 To Prime Recipient. A Subrecipient shall report to its Prime Recipient , upon the effective date of the Contract , the following data elements : 7.2.1 Subrecipient's DUNS Number as registered in SAM . 7.2.2 Primary Place of Performance Information , including: Street Address , City , State , Country , Zip code+ 4, and Congressional District. 8. Exemptions. 8.1 . These Supplemental Provisions do not apply to an individual who receives an Award as a natural person , unrelated to any business or non -profit organization he or she may own or operate in his or her name . 8.2 A Contractor with gross income from all sources of less than $300 ,000 in the previous tax year is exempt from the requirements to report Subawards and the Total Compensation of its most highly compensated Executives . 8.3 Effective October 1, 2010 , "Award " currently means a grant , cooperative agreement, or other arrangement as defined in Section 1.1 of these Spec ial Prov isi ons . On future dates "Award " may include other items to be specified by OMB in policy memoranda available at the OMB Web site ; Award also will include other types of Awards subject to the Transparency Act. 8.4 The re are no Transparency Act reporting requirements for Vendors . Event of Default. Failure to comply with these Supplemental Provisions shall constitute an event of default under the Contract and the State of Colorado may terminate the Contract upon 30 days prior written notice if the default remains uncured five calendar days following the termination of the 30 day notice period . This remedy will be in addition to any other remedy available to the State of Colorado under the Contract, at law or in equity. Exhibit K-1 -Page 4 of 4 ~~"~ .... ~ .,. City of • :rwheatRi_dge ITEM NO: _j_d_ · DATE: February 9, 2015 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE AN INCREASE IN RATES FOR LEGAL SERVICES PROVIDED BY THE MURRAY DAHL KUECHENMEISTER & RENAUD LAW FIRM, BEGINNING FEBRUARY 1, 2015 0 PUBLIC HEARING cgj BIDS/MOTIONS 0 RESOLUTIONS QUASI-JUDICIAL: City Attorney ISSUE: 0 ORDINANCES FOR 1sT READING 0 ORDINANCES FOR 2 ° READING 0 YES xxO NO Ci~~ Approval of new hourly rates of $180 (Mr. Dahl) and $165 (Ms. Beery) for the City Attorney services beginning February 1, 2015 . PRIOR ACTION: The City Attorney's rates for service were last changed in 2009. FINANCIAL IMPACT: The City Attorney estimates that the increased rates can be accommodated within the current 2015 budget line items for City Attorney services. BACKGROUND: The City Attorney's office is staffed by Gerald Dahl and Carmen Beery of the Murray Dahl Kuechenrneister & Renaud law firm in Denver, with occasional assistance from other professionals in that office. The hourly rates charged by the firm for these services were last increased in 2009 . Since that time, expenses have increased , as have the standard rates for similar services in other cities . The proposed new hourly rates of $180 (Mr. Dahl) and $165 (Ms. Beery) are still below the current average rates for this work in other cities, which range from $175 to $195. Council Action Form -Increase in Legal Service Rates February 9, 2015 Page2 RECOMMENDATION: Council reviewed this matter at its February 2, 2015 study session and gave a consensus to approve the proposed new rates . RECOMMENDED MOTION: "I move to approve an increase in rates for legal services provided by the Murray Dahl Kuechenmeister & Renaud Ja w firm , beginning February 1, 2015." Or "I move to deny the proposed new rates for legal services provided by the Murray Dahl Kuechenn1eister & Renaud law firm for the following reason(s) " REPORT PREPARED BY: Gerald Dahl , City Attorney Patrick Goff, City Manager ... ~'~ .... ~ .,. City of _ I?"WheatRi_dge ITEM NO:~ DATE: February 9, 2015 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 01-2015 -AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 4295 HARLAN STREET FROM RESTRICTED COMMERCIAL (RC) TO MIXED USE-NEIGHBORHOOD (MU-N) (CASE NO. WZ-14-11/KAPLAN) cgj PUBLIC HEARING D BIDS/MOTIONS 0 RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR 1ST READING (1 /12/2015) cgj ORDINANCES FOR 2 ° READING (2 /9/2015) cgj YES D NO ;2~ The applicant is requesting approval of a zone change from Restricted Commercial (RC) to Mixed Use-Neighborhood (MU-N) for property located at 4295 Harlan Street. The proposed rezoning area includes one parcel , which is approximately 0.21 acres . The purpose of the zone change is to expand possible uses for the property including the option of converting the existing structure back to a residential occupancy. At this time, the applicant is not proposing any new development or modifications to the site. If the property is redeveloped in the future under the proposed MU-N zoning, an administrative site plan review would be required to confirm that proposed development meets the standards of the mixed use zone district. PRIOR ACTION: Planning Commission heard the request at a public hearing on December 18 ,2014 and recommended approval. The staff report and meeting minutes from the Planning Commission are included. Council Action Form -Rezoning Harlan Street Property February 9, 2015 Page2 FINANC IAL IM PACT : The proposed zone ch ange is not expected to have a direct financial impact on the City. Fees in the amount of $957 were collected for the review and processing of Case No . WZ-14 -11. B ACKGRO UN D: The property is located at 4295 Harlan Street in the northeast quadrant of the City, near the intersection of Harlan St. and 44111 Ave. The property is currently zoned Restricted Commercial (RC) which allows for various types of office uses and a limited range of neighborhood-oriented retail uses. The primary structure on the property was originally built as a single family home in 1951 . Since that time , the bui lding was converted for commercial use. Most recently, the site served as a spa and skin care business. Due to the low intensity of the use, the property retains a residential character inside. Surrounding Land Uses The site is currently zoned Restricted Commercial (RC) and is surrounded by residential and commercial uses. To the north , northeast, and south along Harlan Street are parcels zoned Restricted Commercial (RC). These properties include a chiropractor, veterinary clinic, and offices for an electrician and home cleaning service. To the west is a neighborhood zoned Residential- Two (R-2) and to the southeast is a neighborhood zoned Residential-Three (R-3). Both include mostly single-family homes. A few parcels north of the subject property on Harlan and Gray streets are properties that have been recently rezoned to Mixed Use-Neighborhood (MU-N). Current and Propos ed Zoning The current and proposed zone districts are very similar as RC and MU-N were both established to provide for neighborhoods serving commercial uses . A significant difference, however, is in the treatment of residential uses. In the RC zone district , residential uses are permitted on a very limited basis per section 26-626 of the city code. Existing residential uses may continue, but new residential uses must be accessory to a commercial use. Because the subject property was previously converted entirely to a commercial use , it cannot be converted back to a primary residential use under the current RC zoning. Unlike in Restricted Commercial , a new residence is considered a pennitted use in the Mixed Use- Neighborhood zone district. The applicants are seeking a zone change to allow for them to utilize the property as their primary residence . The MU-N zoning will allow for the desired residential use and will also preserve the possibility oflive/work or commercial uses for future owners . Council Action Form -Rezoning Harlan Street Property February 9, 2015 Page 3 The property has been through the standard referral process with no concerns raised by any outside agencies or city departments. A separate referral process would be required as part of future site redevelopment , which is not planned at this time. RECOMMENDED MOTION: "I move to approve Council Bill No. 01-2015 an ordinance approving the rezoning of property located at 4295 Harlan Street from Restricted Commercial (RC) to Mixed Use-Neighborhood (MU-N), on second reading and that it take effect 15 days after final publication, for the following reasons: Or, 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-I 09 of the Code of Laws. 2. The requested rezoning has been reviewed by the Planning Commission, which has forwarded its recommendation. 3. The requested rezoning has been found to comply with the "criteria for review" in Section 26-1 12-E ofthe Code ofLaws." "I move to deny Council Bill No. 01-2015, an ordinance approving the rezonjng of property located at 4295 Harlan Street from Restricted Commercial (RC) to Mixed Use-Neighborhood (MU-N) for the following reason(s): 1. . .. and direct the City Attorney to prepare a Resolution of Denial , to be scheduled for Council consideration at the next available regular business meeting." REPORT PREPARED/REVIEWED BY: Sara White, Planner II Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 01-2015 2. Planning Commission Staff Report 3. Planning Commission Meeting Minutes, December 18 , 2014 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER URBAN COUNCIL BILL NO. 01-2015 ORDINANCE NO. ___ _ Series of 2015 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 4295 HARLAN STREET FROM RESTRICTED COMMERCIAL (RC) TO MIXED USE-NEIGHBORHOOD (MU-N) (CASE NO. WZ 14-11/ KAPLAN) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City's review and approval of requests for land use cases; and WHEREAS, Benjamin Kaplan and Lauren Searcy have submitted a land use application for approval of a zone change to the Mixed Use-Neighborhood zone district for property located at 4295 Harlan Street; and WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan- Envision Wheat Ridge-which calls for a mix of land uses and appropriate transitions between commercial corridors and neighborhoods; and WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on December 18, 2014 and voted to recommend approval of rezoning the property to Mixed Use-Neighborhood (MU-N). NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Benjamin Kaplan and Lauren Searcy for approval of a zone change ordinance from Restricted Commercial (RC) to Mixed Use-Neighborhood (MU-N) for property located at 4295 Harlan Street, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: THE EAST 135 FEET OF THE NORTH 75 FEET OF LOT OR PLOT 1, KAREN SUBDIVISION, COUNTY OF JEFFERSON , STATE OF COLORADO Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and Attachment 1 welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare . The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability: Conflicting Ordinance Repealed. If any section , subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid , the validity of the remaining sections , subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 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 8 to 0 on this 12th day of January, 2015 , ordered it published with Public Hearing and consideration on final passage set for Monday, February 9, 2015 at 7:00 o'clock p.m ., in the Council Chambers , 7500 West 29 th Avenue , Wheat Ridge , Colorado , and that it takes effect 15 days after final publicati on . READ , ADOPTED AND ORDERED PUBLISHED on second and final read ing by a vote of to , this 9th day of February , 2015 . SIGNED by the Mayor on this ___ day of _______ , 2015. ATTEST : Janelle Shaver, City Clerk 1st publicat ion : January 15 , 2015 2nd publication : Wheat Ridge Transcript: Effective Date : Joyce Jay, Mayor Approved as to Form Gerald Dahl , City Attorney All notification and posting requirements have been met ; therefore , there is jurisdiction to hear this case. I. REQ UEST Case No. WZ-14-11 is an application by Benjamin Kaplan and Lauren Searcy requesting approval of a zone change from Restricted Commercial (RC) to Mixed Use-Neighborhood (MU-N) for the property located at 4295 Harlan Street xhibit 1 Im rovement Location Certi 1cate . The ro osed rezoning area includes one parcel , the total area of which is approximately 0.21 acres 'Exhibit 2 Aerial . The purpose of the zone change is to expand possible uses for the property including the option of converting the structure back to a residential occupancy, which the applicant intends to do. II . EXISTING CONDITIO NS Su bject P roperty The property is located at 4295 Harlan Street, in the northeast quadrant ofthe City, just south ofW. 441h Avenue near the intersection at W 43 rd Ave. The property is currently zoned Restricted Commercial (RC), which allows for various types of office uses including administrative, professional and personal services. The RC zone district also provides for a limited range of retail uses which are neighborhood oriented ; it is not intended to include general retail uses that serve the community or region , and it does not allow higher impact uses such as wholesaling, warehousing, or outside storage or display . New residential is only allowed in RC if it is accessory and subordinate to a commercial use , but existing residential uses are permitted to continue. The subject property is part of Karen Subdivision and is 9,179 square feet (0 .21 acres) in size. The primary structure on the property was originally built in 1951 as a single family home. Since that time , the building has been converted for commercial use. Building pennit records are incomplete and do not indicate specifically when the structure was converted from a residential to a commercial occupancy, but the Jefferson County Assessor classifies the site as commercial. Most recently , the site served as a spa and skin care service. Because of its original construction as a home and the subsequent low-intensity commercial use, the interior still retains a residential character. The front yard has been mostly paved to provide parking for the commercial activities . 'Exhibit 3 Site Photos . S urr ou n ding Zo ning a nd Land Use The site is currently zoned Restricted Commercial (RC) and is surrounded to the north and south by other properties zoned commercial. Directly west is property zoned residential as well as directly east across Harlan xhibit 4 Zonin Ma . The property at 4335 Harlan , four lots to the north, was recently rezoned from RC to MU-N . Many of the properties on this block are converted residences and include businesses such as a cruropractic office, a veterinary clinic, and offices for an electrician and home cleaning service. The properties immediately to the north and south are zoned RC and used commercially. However, properties directly west and southeast are residentially zoned. The subject property, although located along a commercial corridor, is in close proximity to residential neighborhoods to the east and west. These residential areas are zoned R-2 and R-3 , respectively. Ca se No . WZ-14-11 I Kaplan 2 continued ... :\ll '-:\ RC "ith :\SD:\1 Lot Covenge (max) 90% for mixed use 80% 85% for single use Landscape I Opea 1 0% for mixed use 20% Spaee(mla) 15% for single use At thjs point, the applicant is not proposing any physical changes to the property. IV. ZONE CHANGE CRITERIA Staffhas provided an analysis of the zone change criteria outlined in section 26-122.E. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. The change of zone promotes the health , safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. As outlined in the section above , the existing and proposed zone districts have similar development standards and permitted commercial uses. While the MU-N zone district will expand use options by allowing for residential uses , these are generally considered to be less intensive than commercial uses. The MU-N zoning is expected to add value to the subject property wmle maintaining consistency with the character of the area. Staff concludes that this criterion has been met. 2. Adequate infrastructure/facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity. Adequate infrastructure currently serves the property, and no development is proposed at tills time. If the property is redeveloped in the future under MU-N zoning, a site plan review application will be required and referred to all impacted utility agencies Staff concludes that this criterion has been met. 3. The Planning Commission shall also fmd that at least one (1) of the following conditions exists: a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area. The proposed zoning is consistent with the policies and goals of the City's 2009 comprehensive plan-Envision Wheat Ridge. The plan designates Harlan Street as a Neighborhood Case No. WZ-14-1 1 I Kaplan 4 Commercial Corridor which is envisioned as small-scale, pedestrian-friendly, mixed-use corridor. Although Harlan is classified as a collector, the subject block of the street is designed to feel walkable and neighborhood-oriented with detached sidewalks, patterned pavers , and street trees . By encouraging a mix efland uses , a zone change to MU-N on the subject property supports several City goals. By allowing residential uses , the zoning will expand housing options for those seeking to live in a mixed use environment. By continuing to allow commercial uses , the site remains compatible with the area and supports the development of a vibrant commercial corridor. Staff concludes that this criterion has been met. b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. Staff has not found any evidence of an error with the current Restricted Commercial (RC) zoning designation as it appears on the City's zoning maps. Staff concludes that this criterion is not applicable. c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. Staff finds no evidence of any significant changes in the area. The zone change request from RC to MU-N neither responds to nor results in a notable change of character. Staff concludes that this criterion is not applicable. d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. The proposed rezoning does not relate to an unanticipated need. Staff concludes that this criterion is not applicable. V. NEIGHBORHOOD MEETING Prior to submittal of an application for a zone change, the applicant was required to hold a neighborhood input meeting in accordance with the requirements of section 26-1 09. A meeting for neighborhood input was held on September 24 , 2014. One neighbor attended the meeting and had no issues with the ro osed rezoning. He was interested in possibly rezoning his property to MU-N as well. 'Exhibit 5 Neighborhood Meetin Notes Case No. WZ-14-1 1 I Kaplan 5 VI. AGENCY REFERRAL All affected service agencies were contacted for comment on the zone change request and regarding the ability to serve the property. Specific referral responses follow: Wheat Ridge Public Works: No concerns . Xcel Energy: No objections , contingent upon maintaining all existing rights and ability for future expansiOn. Wheat Ridge Sanitation District: No objections ; will require an official letter from Wheat Ridge Water District stating whether or not a water meter size change will occur. If there is a change in meter size, WRSD will require updated tap fees. Comments received relate only to the zone change request. No comment was received from the water district, fire district, Economic Development Division, Building Division, Police Department, Comcast Cable, or Century Link. Referral recipients are advised that no comment received indicates having no objections or concerns regarding the proposal. A separate referral process would be required in the future if redevelopment was to occur. At this time, the applicant is not proposing any redevelopment of the property. VII. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed zone change promotes the health , safety and general welfare of the community and will not result in a significant adverse effect on the surrounding area. Staff further concludes that utility infrastructure adequately serves the property, and the applicant will be responsible for upgrades , as needed , with future development or change in use. Finally, staff concludes that the zone change is consistent with the Comprehensive Plan by promoting a mix of uses along a neighborhood commercial corridor. Because the zone change evaluation criteria support the zone change request , staff recommends approval of the request. VIII. SUGGESTED MOTIONS Option A: "I move to recommend APPROVAL of Case No. WZ-14-11 , a request for approval of a zone change from Restricted Commercial to Mixed Use-Neighborhood , for property located at 4295 Harlan Street, for the following reasons: I. The proposed zone change will not adversely impact the public health , safety, or welfare . 2. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan. 3. The proposed zone change is compatible with the surrounding area." Case No. WZ-14-11 I Kaplan 6 Option 8: "I move to recommend DENIAL ofCase No . WZ-14-11 , a request for approval of a zone change from Restricted Commercial to Mixed Use-Neighborhood , for property located at 4295 Harlan Street, for the following reasons: I. 2. 3. " Case No . WZ-14-1 1 I Kaplan 7 Lots immediately north of the subject property are zoned -RC and are residences that have been converted for office uses for businesses such as a house cleaning service and an electrician. Ca se No . WZ-14-11 I Kaplan II EXHIBIT 6: NEIGHBORHOOD MEETING NOTES . , • ~ City of ra:\Vlieat&._dge ~MMUNilY DEVELOPMENT City of Wheat Ridge Municipal Building 7500 W. 29th Ave . Wheat Ridge, CO 80033-8001 P: 303 .235 .2846 F: 303 .235 .2857 Meeting Date: Attending StatT: Location of Meeting: Property Address: Property Owner(s): Property Owner(s) Present? Applicant: Existing Zoning: Existing Comp. Plan: Existing Site Conditions: NEIGHBORHOOD MEETING NOTES September 24,2014 Lauren Mikulak, Senior Planner Sara White, Planner II Joshua Botts, Planner I City of Wheat Ridge Municipal Building 7500 W. 29th Avenue Wheat Ridge, CO 80033 4295 Harlan Street Gyorgyike Hamvas No (applicant is under contract to purchase) Benny Kaplan Neighborhood Commercial Neighborhood Commercial Corridor, Neighborhood The property is located at 4295 Harlan Street in the northeast quadrant of the City. The site is zoned Restricted Commercial (RC) and is in area that has a mill.ture of residential and commercial uses and zoning. Properties to the west are zoned Residential-Two (R-2) and are used for low density residential. The properties to the north and south are zoned RC. These properties appear to have been constructed as single family residential uses but were modified to commercial uses . The site is located 620 ' south from the Harlan Street and West 44th Avenue intersection, a major gateway to the City on the northeast side of Wheat Ridge. Based on Jefferson County records , the subject property consists of one lot under the Parcel ID: 39-243- 01-002 with a total area of9,179 square feet The property is part ofthe Karen Subdivision. There is one structure located on the lot that is a 1,826 square foot converted home . The home was originally built in 1951 , but has since been converted to a commercial use. Applicant/Owner Preliminary Proposal: The applicant has the property for sale; however, the majority of the potential buyers are interested in using it for a residence, not a commercial use. In the RC zone district, new residential uses are not permitted unless they are ancillary to a primary residential use on the property and can then only be located in the rear or on a second level. The applicant is proposing to rezone the property from Restricted Commercial (RC) to Mixed Use-Neighborhoo d (MU-N). The purpose of the rezone is to expand possible uses for the property, including the option of converting the structure back to a primary www.d.wbeatridge.co.us 13 residential occupancy. The following is a summary of the neighborhood meeting: • In addition to staff and the applicant , 1 member ofthe public attended the neighborhood meeting. • Staff ex'Piained the site conditions, zoning in the neighborhood, and the reason for the rezoning request. • The applicant explained the proposed use of the property as a primary residence . • The member ofthe public was informed of the process for a zone change. • The member of the public were informed oftheir opportunity to make comments during the process and at the public hearings. • The attendee owns property in the area and was interested in potentially rezoning his own prope.rty to MU-N as well. The following issues were discussed: Q: What are the buffering requirements in MU-N? A: The setbacks and buffering requirements depend on the adjancent uses . MU-includes residential transition requirements that require enhanced buffering including landscaping when adjacent to a single- or two-family residential use. Q: Does MU-N allo w si milar uses as compared to R C? A: MU-N and RC allow similar commercial uses ; MU -N allows more residential uses than RC . Q: Could the re st of th e Harlan corridor be re zoned to MU-N? A: The MU-N zone district may be appropriate for other properties along Harlan. Harlan Street is identified in the comprehensive plan as a neighborhood commercial corridor and the MU-N zone district complements this designation by allowing a mix of residential and neighborhood oriented commercial uses . Q: Would the City rezone Harlan to MU-N? A: At this point in time, a legislative rezoning of Harlan bas not been identified as a priority . Q: Can adjacent properties be re zoned to M U-N under a single application? A: Yes , if adjacent property owners submit as co-applicants, multiple properties could be considered under a single zone change application . Meeting Attendees: Mike Donahue 4240 Harlan Wheat Ridge , CO 80033 Ca se No. WZ-14-11 I Kaplan 2 14 ... ~~-~ ... _ or City of :P'\VheatR.!_dge PLANNING COMMISSION Minutes of Meeting December 18, 2014 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair BRINKMAN at 7:00p.m. in the City Council Chambers ofthe Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL OF MEMBERS Commission Members Present: Commission Members Absent: Staff Members Present: 3. PLEDGE OF ALLEGIANCE Anne Brinkman Alan Bucknam Emery Dorsey Donna Kimsey Scott Ohm Steve Timms Amanda Weaver Steve Art, Urban Renewal Manager Meredith Reckert, Senior Planner Sara White, Planner II Kim Waggoner , Recording Secretary 4. APPROVE ORDER OF THE AGENDA It was moved by Commissioner TIMMS and seconded by Commissioner KIMSEY to approve the order of the agenda. Motion carried 6-0. 5. APPROVAL OF MINUTES -December 4, 2014 It was moved by Commissioner BUCKNAM and seconded by Commissioner DORSEY to approve the minutes of December 4, 2014, as written. Motion carried 5-0-1 with Commissioner TIMMS abstaining. 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) Planning Commission Minutes December 18 ,2014 Attachment 3 - 1- No one wished to speak at this time. 7. PUBLIC HEARING A. Resolution 04-2014: Mr. Art addressed the Commission with the request to adopt a resolution approving a second amendment to the Wadsworth Boulevard Corridor Redevelopment Plan in adherence to the City 's Comprehensive Plan, Envision Wheat Ridge as it relates to the development of a site at the southwest corner of381h Avenue and Wadsworth Boulevard . Mr. Art reviewed the digital presentation and the staff report. He stated the purpose of the resolution is to verify the project adheres to the Comprehensive Plan/Urban Renewal Plan . The project is still in the planning phase. He reviewed a preliminary site plan which showed the layout of the buildings . He stated the process will be heard by City Council. The development will require public improvements including turn lanes, bus loading zones, walkability through the site and parking lots . The contamination remediation will be included and the Tax Increment Financing (TIF) financing will aid in the land pay-down . Commissioner TIMMS inquired about the process . Mr. Art stated Planning Commission will affirm the project adheres to the City's Comp Plan . If that is approved , the county and agencies will be notified with a 30-day response period . The second modification to the Wadsworth Boulevard Corridor redevelopment will be taken to City Council which will utilize Planning Commissions ' resolution as comment and they will approve or deny the second modification . If City Council approves it the Urban Renewal Authority (URA) can then enter into a Tax Increment Finance (TIF) agreement. Commissioner TIMMS asked if URA has voted to approve TIF for the property. Mr. Art responded they have not. They are still evaluating the pro forma . The project is not viable without TIF. Commissioner TIMMS asked who reviews the project first , City Council or URA. Mr. Art stated it doesn't matter but most likely the URA will meet first but they will not be able to sign the TIF agreement until City Council approves the second modification which allows the clock to start on TIF. Commissioner OHM inquired about the bold and red elements in the staff report and confinned the items in red adhere to the Comp Plan and the bold items do not confonn to the Comp Plan. Mr. Art concurred . Commissioner OHM asked for the definition of multiple transportation modes . Mr. Art replied that was meant for the Transit Oriented District (TOO) site at Ward Road. Multi- modal would include commuter rail and pedestrian cars. This site project will enhance the multi-modal with high tech bicycle racks, more walkability through the site, and the bus stop will be modified with a lane. Planning Commission Minutes December 18 , 2014 -2- Commissioner OHM inquired about the building height limits and upper story setbacks for mixed use commercial as it relates to residential development. Mr. Art stated a true mixed use can be five stories . The height limit without mixed use is 50 feet , 70 feet with mixed use. This project will be all single story buildings. In response to Commissioner OHM's question, Mr. Art stated all areas behind the grocery user will be screened. All outdoor storage will be screened . Commissioner BUCKNAM inquired about a portion of the TIF to be utilized to pay- down the cost of the land and if it will be paid to the developer. Mr. Art replied yes . Commissioner BUCKNAM asked how much of the TlF value in terms of a percentage is going toward the property value remediation . Mr. Art stated it is not a large percentage most of it is going toward the physical improvement for drainage, water and sewer service. Commissioner BUCKNAM asked if any city right-of-way is being planned for the development. Mr. Art stated the interior will be private circulation. The main entrance at 361h Avenue wiiJ be built to city standards. The developer wants control their own snow removal services. There are some right-of-ways on Wadworth and 38th Avenue that will be dedicated. Commissioner BUCKNAM stated the materials shown in the elevations are not high quality in terms of appearance. He asked if the quality of the materials has been addressed with the developer. Mr. Art stated yes and more articulation has been requested. Chair BRINKMAN inquired about legal councils' reasoning as to why this case is being heard by Planning Commission. Mr. Art replied any URA project with TIF require review by Planning Commission. Chair BRINKMAN asked how TIF will impact the property and sales tax for the project. Mr. Art stated it won 't have an effect upon the community. Currently the parcel is empty and not collecting any sales tax and the property tax is minimal. The TIF will allow sales tax which will be coUected and flow back to URA which will pay for the infrastructure. Plus, the property tax will increase. The base stays the same, all the taxing agencies will still receive monies plus a 2% increase per year and the increment above that will flow back to URA and dedicate a portion back to the project. Ultimately, the City is giving up a little money now to help pay for the infrastructure but in the long run after it is paid off all the sales tax will start flowing back to the City in the general fund. Chair BRINKMAN asked if the TIF will utilize the full 25 years . Mr. Art replied no if pro fonna does as it says it will be paid off in 10 years or less . The remainder will come back to the URA and will likely be given back to the City. Planning Commission Minutes December 18, 2014 -3 - In response to Chair Brinkman's question, Mr. Art stated retail leakage could be defined in many way including restaurants, furniture stores and clothing stores . Chair BRINKMAN stated she was having a hard time understanding the noise abatement with the neighborhood buffer. Mr. Art stated currently the open land creates a buffer. The developer feels the development will be a nice buffer between the neighborhood and the heavy traffic on Wadsworth . Plus the neighbors will be able to walk a short distance for groceries and the center for shopping and restaurants. Chair BRINKMAN inquired about stimulating investment and redevelopment in neighborhood buffer areas by updating and rehabilitating multi-family properties. Mr. Art stated the funds could be utilized for a far;ade update on the apartments on Yukon Court . The funds are not given back exclusively to the project. They can be used for other projects within the area. Chair BRINKMAN asked if the wetlands detention area to the west will continue to exist. Mr. Art stated the wetland area is behind the proposed grocery user and it is 20 to 30 feet deep and it will remain . The water will runoff to the wetlands. Water surveys have been done. The project will not affect any of the water tables and will not cause flooding for the residents on the back street or to the east. The water that flows to the north will be pumped back to the swale. A storm water management plan will be required and the normal review will be done. Commissioner DORSEY inquired about the dollar amount of the TIF . Mr. Art stated it has not yet been determined. It will be in about six to seven million dollars . It is in the purview of City Council and URA . Chair BRINKMAN opened the public hearing . Thomas Lundy 3500 Allison St. Mr. Lundy read a three-page letter of opposition into the record . He is strongly opposed . He stated the proposed development was denounced as outdated in concept, has uninspired designs, is unimaginative, is dated , lackluster, has no tremendous amount of multi-modal opportunities , has no walk-able center, is unworthy ofTIF and cannot enhance character and gateways. The jobs will be low wage retail and food service jobs. More can be accomplished under the mixed use regulations . Once the land is developed and TIF is granted that opportunity is diminished . He urged the commissioners to reject amendment. Maureen Daly 3620 Otis St. Ms. Daly stated many of the benefits listed in red are not believable. She doesn't believe Wal-Mart can preserve and enhance the neighborhood. The proposed town center will Planning Commission Minutes December 18 , 2014 -4 - hann what is being done on 38th A venue . She is worried about Safeway, property values and the increase of traffic on 38 1h Avenue. Louise A. Canjar 3055 Webster St. Ms. Canjar concurred with the previous speakers. Charlie Myers 3620 Otis St. Mr. Myers concurred with the previous speakers. Mary Drobnick 3695 Holland Ms. Drobnick also agreed with the previous speakers. Joseph Buchholz 3690 Chase St. Mr. Buchholz stated he is responsible for anti -Wal-Mart signs. He spoke to 250 people and the general consensus is that none of them want another Walmart on 38 1h Avenue . RobbCobb 3600 Garrison St. Mr. Cobb stated he is in agreement with the other speakers for opposition of the proposal. The steps seem pro-gressive and not progressive. This is a cookie cutter plan . We have the opportunity to do something different and identify Wheat Ridge with a change in the status quo . Chair Brinkman closed the public comment. Commissioner BUCKNAM inquired about the phasing aspect. He asked what will happen if a developer doesn't complete a phase and how will that impact distribution of TIF and property value remediation . Essentially, how does it affect the tax payers. Mr. Art stated when the entire project is finished bonds will be sold on the open market with a low interest rate . The TIF will be obligated to pay back the bond purchasers. If the project does not create enough revenue to pay the bonds the City is not obligated to pay out of the general fund or additional TIF . That is the risk the bond buyer will take for purchasing the bonds . Mr. Art reminded the Commission that the hearing is not about users or the layout but conformance to the City's Comp Plan. Chair BRINKMAN stated the comp plan talks about building something sustainable and she opined that meant property taxes and retail tax . She asked if the city will recoup individual property taxes for the housing phase. Mr. Art stated yes , once the properties are done, each of them will be assessed as single family residential units . They will be plotted as separate lots . Planning Commission Minutes December 18 , 2014 - 5- Commissioner DORSEY asked why the housing phase will be the last to be developed. Mr. Art stated it may not be. It was originally listed as phase 3 because the developer initially dido 't know what they wanted to do with it. The housing developer would like to take the frontage along Wadsworth for office buildings and restaurants. Commissioner TIMMS stated the mix of use at 381h and Kipling includes a grocery store, a multi-tenant retail and a senior housing component. A similar type of component is proposed for this site. Mr. Art concurred. Chair Brinkman closed the public hearing. It was moved by Commissioner TIMMS and seconded by Commissioner BUCKNAM to adopt Resolution 04-2014, finding the Second Amendment to the Wadsworth Boulevard Corridor Redevelopment Plan for the southwest corner of 38'h Avenue and Wadsworth Boulevard is in conformance with the Wheat Ridge Comprehensive Plan, Envision Wheat Ridge. Commissioner BUCKNAM stated he has some issues with potential future site plans about whether transportation connections are being increased, enhancing community character and accentuating quality design, the array of housing options and the definition of local economy; does that mean preserving small business or simply building an employment base. Chair BRINKMAN stated she will be voting no not because of the potential uses but because she felt there was not enough information about the property in the packet. She feels she doesn't have enough infonnation to prove the property and the plan meets the Comp Plan. Commissioner OHM also stated he will be voting no because there were a Jot of points that the applicant could of addressed and did not. Motion denied 2-4 with Commissioners BRINKMAN, OHM, DORSEY and KIMSEY voting no. B. Case No. WZ-14-11: Ms . White presented the case. She entered into the record the contents of the case file and packet materials , the zoning ordinance, the comprehensive plan and the digital presentation. She stated the public noticing and posting requirements have been met. Planning Commission will make a recommendation to City Council which is the final authority. She reviewed the staff report and digital presentation. She stated the purpose of the zone change request is to expand possible uses to include the option of converting the structure back to residential occupancy. l11e applicant is not proposing any new development at this time. Planning Commission Minutes December 18, 2014 -6 - Commissioner TIMMS asked if the City is okay with Harlan Street going residential. Ms . Reckert stated Harlan is an interesting mix of both residential and commercial. The city is okay with the mixed zoning and uses as long as they are compatible with each other. Commissioner TIMMS asked if there are any land use processes or administrative review to address the paving in the front yard. Ms . Reckert replied no and since there is no garage or street parking available the occupant will need to park in the front yard. Ms. White stated there is a large mature tree in the front yard and improved street scape at the property. Commissioner DORSEY stated the property could remain as a commercial property or be converted to a commercial property with the zone change. There are more options with the zone change. Benjamin Kaplan 4295 Harlan St. Mr. Kaplan stated the property is very much a house even though it previously had a spa business. He has purchased it and is waiting for the rezoning so he can live in it. Chair BRINKMAN opened the public hearing. No one wished to speak . Chair BRINKMAN closed the public hearing. It was moved by Commissioner BUCKNAM and seconded by Commissioner OHM to recommended approval of Case WZ-14-11, a request for approval of a zone change from Restricted Commercial to Mixed-Use Neighborhood for property located at 4295 Harlan Street for the following reasons: I. The proposed zone change will not adversely impact the public health, safety or welfare. 2. The proposed zone change is consistent with the goals and objectives of the City's Comprehensive Plan. 3. The proposed zone change is compatible with the surrounding area. Motion approved 6-0. 8. OTHER ITEMS A. Chair BRINKMAN stated the Commission has heard similar zone change request s. Ms . White stated staff has discussed these types of zone change requests and a code amendment is a likely option to allow administrative zone changes in the Restricted Commercial zone district and Neighborhood Commercial zone districts . Chair BRINKMAN suggested a mass rezoning or elimination of the Restricted Commercial zone Planning Commission Minutes December 18 , 2014 - 7- Wadsworth Corridor URA Plan First Amendment · February 9, 2015 Page2 It is the Commission's role to detennine whether or not the proposed project is in conformance with the City's Comprehensive Plan. A detailed staff report was provided to the Planning Commission (Attachment 2) illustrating why staff believes the proposed project conforms to the Comprehensive Plan. Only two of the four Commissioners provided comments on their denial of the resolution. Commission Chair Brinkman stated that she voted no, not because of the proposed project , but because she did not believe she had enough information to prove the proposed development confonns to the Comprehensive Plan. Commissioner Ohm stated that he voted no because there were a lot of points that the applicant could have addressed and did not. Commissioners Dorsey and Kimsey did not comment on their reasoning for denying the adoption of the resolution. FINANCIAL IMPACT: QDP submitted a preliminary TIF application requesting up to $7.8 million in property and sales tax increment for the proposed project. Staff and the City's financial advisor are presently evaluating QDP 's pro forma in an effort to detennine the amount ofTIF that would be wananted for the project. An impact analysis produced for QDP , by BBC Research and Consulting, indicates the cunent annual property tax generated from the proposed development site is $121 ,061. There are cuiTently no sales taxes generated from the site. The proposed development is estimated to generate $249 ,500 in property tax annually in year 2017 increasing to $392 ,500 by year 2027. In addition, sales tax revenues in 2016 are projected to be just over $548 ,000 annually and increasing to approximately $901 ,000 annually by 2027 . If a TIF agreement is approved , all impacted taxing agencies, including the City, will continue to receive the current property tax base per Urban Renewal law which is estimated at about $1.6 million over a 12 year period. Only the incremental property and sales taxes generated by the proposed project, estimated at $12.4 million , will be obligated to the project for the TIF BACKGROUND: Proposed Project QDP has proposed to develop a 15 acre mixed-use development at the southwest comer of Wadsworth Boulevard and 38 111 Avenue (the Project). QDP has purchase options on three of the four parcels and has submitted a letter of intent to purchase the fourth parcel. The Project site is within the Wadsworth Boulevard Corridor Redevelopment Plan area and at one time was an auto dealership. QDP is proposing to redevelop the site with approximately 80 ,000 square feet of grocery, retail , and restaurant space ; and approximately 3 7 owner occupied townhomes. The redevelopment plan includes the following elements: • 41 ,000 sq. ft. grocery store • 30,000 sq. ft. ofretail shops • 3,000 sq. ft. of fast food restaurants • 6,400 sq. ft. of other restaurants , and Wad sworth Corridor URA Plan First Am endment February 9, 2015 Page 3 • 37 owner occupied townhome units, averaging I ,540 sq. ft. per unit, and/or office space. The proposed development conforms to the land use concept of the Wadsworth Boulevard Corridor Redevelopment Plan for a commercial retail center. Development Incentive Package Request and Procedures QDP has requested a TIF subsidy of approximately $7.8 million to be utilized solely for public infrastructure that will include improvements to both Wadsworth Boulevard and 38th Avenue, public spaces within the project, demolition of the existing structures , site contamination remediation , as well as other improvements that are permitted by Colorado Urban Renewal Law. At the November 7, 2014 RWR meeting, Bob Turner and Linda Sweetman from QDP , presented the proposed development and their justification for the TIF request. QDP provided the following items as barriers to development in the absence ofTIF: • Land valuations are over the market levels for similar properties. • An enlarged public space and pedestrian paths , as identified during the neighborhood meeting have increased costs. • The site suffers from inadequate infrastructure. Required improvements to Wadsworth Boulevard and 38th A venue will benefit the entire community, and identified site remediation with the existing structures must be removed. The proposed development is estimated to generate incremental property and sales tax revenues of about $12.4 million over a 12 year period . Estimates of property tax revenues were derived using market value data from various sources to determine prevailing market value per square foot and then applied to the square footage of each proposed new building. To account for future property value appreciation, a 1.21 percent growth rate per year in market value was applied . Projected sales tax revenues were calculated using retail sales per square foot and applying the city tax rate of 3 percent. Retail sales per square foot were obtained from an Urban Land Institute retailer survey. Sales from the grocery store component were reduced to 80% of the estimated revenue stream to account for customers shopping at the new grocery store in lieu of their present store preference in Wheat Ridge. Staff and the City 's financial advisor are currently reviewing the TIF request along with the project financial analysis to determine how much assistance is warranted for this project. This first amendment to the Plan is considered a substantial modification and requires that RWR satisfy the following: • Prepare an amendment to the Plan. This was completed on November I, 2014 and approved by legal counsel on November 3, 2014. The amendment is attached to this report . • Submit the amendment to the Planning Commission for review of conformity with the City's general plan at least thirty (30) days before the public hearing Wadsworth Corridor URA Plan First Amendment February 9, 2015 Page4 (C.R.S . § 31-25-1 07(2)). This item was heard at the December 18, 2014 Planning Commission meeting. • Provide a 30-day written notice to all property owners, residents and owners of businesses within the Plan area (C.R .S. § 31-25-107(4)(c)). Notices were sent in mid- December 2014 . • Submit the amendment to the board of county commissioners at least thirty (30) days before public hearing (C.R.S. § 31-25-1 07(3.5)). If the proposed modification contains TIF provisions , an impact statement must also be presented to the board of county commissioners containing specific infonnation required by C.R .S. § 31-25-1 07(3.5). The plan amendment and impact report were su bmitted to the office of the commissioners on December 19 , 2014. • Post the public hearing notice. The notice was published in December in the Wheat Ridge Transcript. Upon completion of those items , Council is required to conduct a public hearing (C.R.S. § 31-25-1 07( 4)). After the public hearing and adoption of a resolution, the county assessor will be notified of the TIF provision (C.R .S. § 31-25 -1 07(1 0)). RECO MMEN DATI ONS : Staff recommends moving forward with the first amendment to the Wadsworth Con·idor Urban Renewal Plan for the following reasons: 1. The project will add new retai l options on this vacant site on a key corner in Wheat Ridge as stated in the Wadsworth Corridor Urban Renewal Plan and the City's Comprehensive Plan Envision Wheat Ridge. 2. The project will add new residential options for residents , a goal of the City's Comprehensive Plan , and will add a buffer for existing residential units on 35 111 A venue and Ammons Street. 3. The project may act as a catalyst for future development and redevelopment of sites along the 38th Avenue corridor and the Plan area. 4. The project will create additional property and sales tax over time for R WR , the City and other taxing entities . 5. The project will remove blight, an objective of the URA Plan. RE CO MMEN DED MOT IO N: "I move to approve Resolution No . 7-2015, a resolution approving a first amendment to the Wadsworth Boulevard Corridor Redevelopment Plan to allow for the utilization of tax increment financing for the proposed project at the southwest corner of381h and Wadsworth" Or, "I move to postpone indefinitely Resolution No . 7-2015 , a reso lution approving a first amendment to the Wadsworth Boulevard Corridor Redevelopment Plan to allow for the uti lization of tax increment financing for the following reason(s) _____ _ " Wadsworth Corridor URA Plan First Amendment February 9, 2015 Page 5 REPORT PREPARED/REVIEWED BY: Steve Art, Urban Renewal Manager Patrick Goff, Executive Director ATTACHMENTS: 1. The Wadsworth Boulevard Corridor Redevelopment Plan 2. Planning Commission Sta ff Report , dated December 18 , 2014 3. Re so lution No. 7-2015 • Exhibit A First Amendment to the Wadsworth Boulevard Corridor Redevelopment Plan The Wadsworth Boulevard Corridor Redevelopment Plan AN URBAN RENEWAL PLAN Prepared for: The City of Wheat Ridge and The Wheat Ridge Urban Renewal Authority CLARION ASSOCIATES HNTB CORPORATION Attachment 1 TITLE: CITY OF WHEAT RIDGE COLORADO RESOLUTION NO. 26-2001 Series of 200 I A RESOLUTION APPROVING THE WADSWORTH BOUL • V ARD CORRIDOR REDEVELOPMENT PLAN WH REAS, with the adoption ofResolution No. 11-2001 on April23 , 2001 the City ouncil determined that blight existed in the vicinity of the Wadsworth Corridor from 5th A enue to 44lh Avenue ; and WHER · A such re olution created the Wadsworth Boulevard orridor Rede elopment Area (Area), an urban renewal area within the ity ; and WHEREA . Res lution No. 11-200 I also directed the Wheat Ridge rban Renewal Authority (Authority) to effect the preparation of an urban renewal (redevelopment) plan (Plan) for the Area for consideration b it ouncit and WH REAS. the Council has been pre ·ented with a propo ed Plan ~ and WHEREA the Authority has endorsed and recommended appro al of the Plan by uncil ; and WHEREAS , the City Planning ommission has submitted it written recommendation to the ity ouncilthat the Plan is in confonnance with the Wheat Ridge omprehensive Plan · and WHEREA a copy of the Plan and infonnation regarding the impact of the Plan were submitted to the Jefferson County Board of Commissioner : and WHEREA . the Jefferson County School District also received a copy of the Plan and has been ad ised and pennitted to participate in an advisory capacit with re pect to the potential use of tax increment financing ; and WH REA , notices of the public hearing for consideration and appro al of the Plan by ity Council were provided by publication and by written notices to property owners , resident and business owners in the Area in compliance with the Urban Renewal Law, .R . . 31-25-101 et seq.· and WHEREA , a public hearing on the Plan wa held on October 22, 200 I, pro iding a full opportunity tor property owners , resident taxpayers people and business owners in the Area and all interested persons to be heard· and Wl-IER · A . the inclusion of certain areas and properties designated in the Plan within the Area would provide for the eliminati n and prevention of blight and the development, redevelopment and rehabilitation of the blighted areas, so that the areas can be developed or redeveloped by the public and private sectors to provide a safer and more useful environment for its users and inhabitants; to develop and redevelop such properties to provide necessary , greater and reasonable economic utilization of such areas; to promote, enhance and provide public facilities; to eliminate traffic, transportation, pedestrian and other hazards within the areas; to ensure reasoned and sound social, physical and economic growth and improvement within the City· to promote the public health, safety and welfare; to promote and effect the goals, objectives and purposes of the Plan and the Comprehensive Plan of the City· to provide a sound financial and economic base for the community; to provide a necessary tax base for the City and to comply with the intent and purposes of the Urban Renewal Law; and WHEREAS, the City Council has determined that it is in the best interests of the City of Wheat Ridge and the Wheat Ridge Urban Renewal Authority to adopt the Plan as proposed. NOW THEREFORE BE IT RESOLVED by the Wheat Ridge City Council as follows: Section 1. That the City Council hereby makes the following findings with respect to the proposed Plan: A. A feasible method exists for the relocation of families or individuals who may or will be displaced by -redevelopment projects in decent safe and sanitary dwelling accommodations within their means and without undue hardship . B. A feasible method exists for the relocation of business concerns that may or will be displaced by redevelopment projects either in the Area or in other areas that are not generally less desirable regarding public utilities and public and commercial facilities. C. The City Council has caused its staff to take reasonable efforts to provide written notice of the public hearing to property owners residents and business owners in the Are.a at their last known addresses at least 30 days prior to this public hearing of October 22, 2001. D. Section 31-25-107 (4) (d) C.R.S. of the Urban Renewal Law does not apply in that not more than 120 days have passed since the first public hearing on this Plan because this is the first public hearing. E. Section 31 -25-107 (4) (e) C.R.S. of the Urban Renewal Law does not apply in that City Council did not fail to previously approve this Plan. F. The Plan conforms to the City 's Comprehensive Plan. 2 G. The provisions of the Plan consistent with the needs of the ity provide maximum opportunity for redevelopment of the Area b private enterprise. H. Section 31-25-107 (5) C.R.S. ofthe Urban Renewal Law is not applicable to this Plan . f. To the extent that the Area may consist of an area of open land ,. hich may be developed for non-residential uses under the Plan , City Cow1cil hereby determines that such non-residential uses are necessary and appropriate to facilitate the proper growth and development of the City in accordance with sound planning standard and the ity·s objective . The potential acquisition of uch areas rna ' require the actions f the Authorit , in compliance with the rban Renewal Law, becau e such open areas are within area of blight r blighted condition . J. ity Council has determined that the boundarie of the Area ha e been drawn a narrow! as feasible to accompli h the planning and de elopment objecti es of the Plan in accordance ' ith Section 31-25-107 1) .R.S. of the Urban Renewal Law . Section 2. Although the Plan pro ides for the u e of tax in rement financing , uch financing mechanisms will not be utilized with the initial adoption of t.hi Plan at this time but will be considered at an appropriate time when redevelopment project or market factor nece sitate or justify arne or promote the use of tax increment financing as appropriate. Modifications of this Plan may then be neces ary to implement tax increment financing . Section 3. The Jefferson ounty School District was permitted to participate in an advisory capacit regarding this Plan. Section 4. The Jefferson County Board of Commi sioner was pro ided a copy of the Plan and information regarding its impact , in compliance with the rban Renewal Law . Section 5. The Wheat Ridge Urban Renewal Authority i authorized to exerci e the powers of eminent domain to carry out effect and administer the Plan . ection 6. TI1e proposed Plan accompanying this Resolution and incorporated herein is adopted as the Wadsworth Boulevard Corridor Redevelopment Plan for the Cit of Wheat Ridge and may be referred to as the Wadsworth Redevelopment Plan . The Plan is an urban renewal plan as defined in ection 3 l-25-l 03{9) .R. . of the rban Renewal La\\. 3 TITLE: WHEAT RIDGE U RBAN RENEWAL AUTHORITY RESOLUTION NO. 05 Series of 2001 A RESOL TION APPRO\ lNG A PROPOSED REDEVELOPMENT PLAN FOR WADS\VORTH BO ULEY ARD BET\VEEN 35T11 A VENUE AND 45Ht A E UE, AND TRANSMITTING THE SAME TO THE WHEAT RIDGE C ITY CO UN IL. WHEREAS , the Wheat Ridge rhan Renewal Authori ty is authorized under .R. . 3 1- 25-1 05( I )(i) of the Urban Rene\! al Law to prepare a plan for red e\'elopmen t for ertain area of the City of Wheat Ridge, Colorado ; and \\'H ERE AS the\ heat Ridge ity Council , upon r commendation f th Wheat Ri dge rban Rene\! al Authorit . did on April 23 , 2001 make a finding ofthe pr n e of blight in the area included in the redevelopment plan : and WH EREAS, the Wheat Ridge rban Renewal uthority held a public meeting forth purpo e of re ei ing comment on the redevelopment plan; NO\\ TH EREFORE BE IT RE OLVED by th e W heat Ridge rban Renewal Authority of tbe City of Wheat Ridge, Colorado, as fo llo w : ction I. The proposed redc clopment plan attached hereto a Exhib it 1 be , and hereb y is , approved b the Authorit . Section 2. The Authori.ty hereb transmit the proposed 3 •h A enuc Rede elopment Plan to th e Cit ouncil ith the request that th City oun il hold a public hearing to fonnall adopt the rede e lopm ent plan . DO E ND RE OLVED THI ATTEST: C hl'1lc WI'~ II l RA li R.>. R s \\'ad> !IRI' "I'd #-/.5 day of October 200 I. WH AT RJDG URBA RE EW AL A THORITY By :~ hainnan TABLE OF CONTENTS 1.0 PREFACE AND BACKGROUND ......................................................... 1 /. I Preface .................................................................................................................. I 2. 0 FINDINGS ...................................................................................... 1 2.1 Finding of Blight ................................................................................................... I 2.2 Preparation ofthe Wad~·worth Boulevard Corridor Redevelopment Plan ........... 2 2. 3 Urban Renewal Projects ....................................................................................... 2 3. 0 CONFORMANCE ............................................................................. 2 3.1 Colorado Urban Renewal Law ............................................................................. 2 3.2 The Wheat Ridge Co mprehensive Plan ................................................................. 2 3.3 Co nsistency with the Wadsworth Boulevard Corridor Plan ................................. 3 3. 4 Boundaries of the Wadsu torth Boulevard Corridor Redevelopmelll Plan ............ 4 3.5 Wacl'iworth BouleV{Ird orridor Redevelopment Plan Objeelives ........................ 5 4.0 REDEVELOPMENT ACTIVIT/ES ......................................................... 5 4. I Redevelopment Technique ................................................................................... 5 5. 0 PROJECT FINANCING ..................................................................... 7 5. I Financing Method'i ................................................................................................ 7 5.2 Potential Utilization of Tax In crement Financing (TIF) .................................... .. 6. 0 LAND USE CONCEPT ...................................................................... 8 6. I Time .'i Square Shopping Ce mer ............................................................................. 9 6. 2 "John Elwcry Auto Nation " Site .......................................................................... I 0 6.3 Southwest Co mer of 44'" Avenue and Wadsworth Blvd ...................................... I I 7. 0 LAND USE PLAN .......................................................................... 7 2 8. 0 AMENDMENTS TO THE PLAN ........................................................ 12 9.0 REASONABLE VARIATIONS ........................................................... 13 Wadsworth Boulevard Corridor Redevelopment Plan Clarion Associates & HNTB 1.0 PREFACE AND BACKGROUND 1. 1 Preface This Wadsworth Boulevard Corridor Redevelopment Plan (Corridor Redevelopment Plan), is an urban renewal plan prepared for the Wheat Ridge Urban Renewal Authority {the Authority) and the City of Wheat Ridge (the City), pursuant to the provisions of the Colorado Urban Renewal Law , Colo. Rev . Stat . §§ 31-25 -101 et seq {Colorado Urban Renewal Law). This Corridor Redevelopment Plan describes the framework for certain public undertakings constituting urban renewa l projects and other authorized activities under Colorado statutes , as cited above , within the boundaries of the Wadsworth Boulevard Corridor Redevelopment Area (Redevelopment Area), located in t he City of Wheat Ridge , Jefferson County . For the purposes of this Plan , the term "Redevelopment Area " shall have the same meaning as "urban renewal area " as defined in § 31· 25-1 03(8) C. R. S. of the Urban Renewal Law . Except as may otherwise be provid ed , the administration of the urban renewa l projects and the implementation and enfor cement of this Corridor Redevelopment Plan , including w ithout limitatton the preparation and execution of any implementing documents, shall be performed by the Authority . This Corridor Redevelopment Plan has been prepared by the Author ity and approved by the City Co uncil in recognition that the Redevelopment Area requires a comprehensi ve and integrated development strategy in order to accomplish the City's objectives for improving the viability of Wadsworth Boulevard . Redevelopment act iv ities within the Redevelopment Area are anticipated to occur over a substant ial period of time, perhaps up to ten to fifteen years . 2. 0 FINDINGS 2. 1 Finding of Blight Based on the evidence presented at a public hearing, and in the Wadsworth Boulevard Corridor Blight Study (Dated April 11 , 2001, and filed with the Jefferson County Clerk), the City Council, by Resolution No. 11-2001. made a finding that the Wadsworth Boulevard Redevelopment Area was "blighted" as defined by Colorado Urban Renewal Law, by the existence of the following factors: i) deteriorated or deteriorating structures and sites , Iii) defective or Wadsworth Boulevard Corridor Redevelopment Plan Clanon Associates & HNTB Page 1 inadequate street layout, or faulty lot layout in relation to size, adequacy, accessibility or usefulness , (iii) unsanitary and unsafe conditions, (iv) defective or unusual conditions of title rendering title non-marketable; (v) buildings that are unsafe or unhealthy for persons to live or work in because of building code violations, dilapidation, deterioration, or faulty or inadequate facilities; (vii environmental contamination of property; and (viii inadequate public improvements or utilities. The City Council also found that such blight substantially impairs the sound growth of the City, constitutes an economic and social liability, and is a menace to the public health, safety, and welfare of the community . 2.2 Preparation of the Wadsworth Boulevard Corridor Redevelopment Plan The findings and recommendations contained in this Corridor Redevelopment Plan were formulated in part, from information collected from site inspections of the Redevelopment Area; interviews with developers, landowners, and business-owners; comments and suggestions received at a community meeting held on August 28, 2001; results from a questionnaire sent to all property-owners within the Redevelopment Area; interviews with city staff; and a review of relevant public documents, including the Wheat Ridge Comprehensive Plan (adopted, Jan. 2000), the Wadsworth Boulevard Corridor Study (adopted, 1999), the zoning ordinance, and the Stre.etscape and Architectural Design Manual. 2.3 Urban Renewal Projects Based on the existence of blight, the Redevelopment Area is appropriate for authorized undertakings and activities of the Authority, pursuant to the Urban Renewal Law. 3. 0 CONFORMANCE 3.1 Colorado Urban Renewal Law This Corridor Redevelopment Plan is in conformity with the applicable statutory requirements of the Colorado Urban Renewal Law. 3.2 The Wheat Ridge Comprehensive Plan The City amended and adopted a Comprehensive Plan in January 2000. The Comprehensive Plan includes desirable land use patterns, as well as general goals and objectives intended to guide future growth on Wadsworth Wadsworth Boulevard Corridor Redevelopment Pion Clarion Associates & HNTB Page 2 Boulevard. The land use pattern envisioned by the Comprehensive Plan for the Redevelopment Area is "Community Commercial Center" development. which includes a mix of compatible retail and office uses that primarily serve a regional market area . The Comprehensive Plan's primary goals and recommendations that apply to future growth and development along Wadsworth Boulevard are as follows : a. Future Land Uses • Encourage Community Commercial Center development along Wadsworth Boulevard . b. Community Character • Complement and promote the City's image and identity through good urban design and open space bufferi ng . c. Sustainable Economic Development • Maintain a healthy business climate for existing businesses by making revitalization a continuing priority . • Pursue high quality redevelopment that minimizes impacts to residentia l ne ighborhoods. The findings and recommendations of th is Corridor Redevelopment Plan are consistent with the land use patterns, goals and objectives identified in the adopted Comprehensive Plan. 3.3 Consistency with the Wadsworth Boulevard Corridor Plan The Wadsworth Boulevard Corridor Plan was approved by the City Council in 1999 . The objective of the plan was to mitigate a variety of traffic problems along Wadsworth Boulevard by relating transportation improvements to land use and design actions in a strategy for coordinated improvement. In doing so , the following key aspects and principles were developed during the planning process to guide the recommendations contained in that plan: a. Land Use Element Key Aspect: • Improve the market potential and physical environment along Wadsworth Boulevard. Wadsworth Boulevard Corri dor Redevelopment Pion Clonon Assoc1otes & HNTB Poge 3 Principles: • Renovate and redevelop outdated and obsolete uses. • Improve retail quality. • Facilitate the development potential of large, single-ownership sites. • Create a pedestrian friendly environment. b. Transportation Element Key Aspect: • Improve functionality and safety for vehicle and transit movement. Principles: • Concentrate points of access. • Create uniform roadway sections. • Create a network of circulation. • Improve access to business properties. • Improve visibility of businesses. • Improve the functions of intersections. c. Urban Design Element Key Aspect: • Improve the physical appearance and amenities of Wadsworth Boulevard . Principles: • Break down the scale of blocks. • Add streetscape and identity elements. • Enhance the City's image with landscapi ng and streets cape elements. • Create a pedestrian access network. The findings and recommendations of this Corridor Redevelopment Plan are consistent with the key aspects and principles of the Wadsworth Boulevard Corridor Plan. 3.4 Boundaries of the Wadsworth Boulevard Corridor Redevelopment Plan This Corridor Redevelopment Plan applies to a portion of the Redevelopment Area , which generally includes those properties along both the east and west sides of Wadsworth Boulevard, beginning south of 38th Avenue, extending Wadsworth Boulevard Corridor Redevelopment Pion Clarion Associates & HNTB Page 4 north beyond 44th Avenue . SEE : FIGURE 1, URBAN RENEWAL BOUNDARY MAP . A legal description of this Plan Area is included in Appendix A. 3.5 Wadsworth Boulevard Corridor Redevelopment Plan Objectives The objectives of thts Corridor Redevelopment Plan are as follows: • To provide a framework that encourages private development opportunities. • To encourage the development of uses that serve a regional market area as well as the continuation of uses that serve specific local market demands . • To improve vehicular circulation and pedestrian movement . • To encourage new development and redevelopment with superior urban design features . • To engage in all redevelopment activities under Colorado Urban Renewal Law to effect the elimination and spread of blight in the Redevelopment Area . 4. 0 REDEVELOPMENT ACTIVITIES Public projects are intended to stimulate private sector development in and around the Redevelopment Area . The combination of public and private investment will assist in implementing redevelopment activities, consistent with the objectives of this Corridor Redevelopment Plan for the Redevelopment Area, and contri bute to increased property and sales taxes for the City. 4. 1 Redevelopment Techniques In undertaking all urban renewal projects pursuant to this Corridor Redevelopment Plan, the Authority may utilize any the following redevelopment techniques and activities as deemed appropriate for the elimination or prevention of the spread of blighted areas within the Redevelopments Area. pursuant to Colorado Urban Renewal Law. Wadsworth Bouleva rd Corridor Redeve lopment Plan Clo ri on Assoc iates & HNTB Pag e 5 a. Demolition. The Authority may provide for the demolition and clearance of buildings , structures and other improvements in the Redevelopment Area. b. Public Improvements. The Authority may cause, finance , or facilitate the design, installation, construction and reconstruction of any public improvements in the Redevelopment Area . c. Land Acquisition. The Authority shall have the power to facilitate urban renewal activities in the Redevelopment Area by acquiring real property through condemnation proceedings pursuant to the requirements and procedures established by the Colorado Urban Renewal Law, CRS §31-2>-105(1)(e). The Authority shall have the power to exercise its legal right to acquire real property and improvements, and all interests therein, by eminent domain . d. Redevelopment and Rehabilitation . Appropriate activities may i nclude such undertakings and activities authorized by the Colorado Urban Renewal Law or this Corridor Redevelopment Plan , including the redevelopment techniques identified in this section determ i ned to be necessary or desirable . e. Relocation . Relocating individuals and families from the Redevelopment Area may be required to facilitate r edevelopment act i vities contemplated by this Corridor Redevelopment Plan. A ll relocation activities require that the City Council find a feasible method for the relocation of individuals and families who will be displaced by an urban renewal project (CRS §31-25-107(4)(a)). The Authority shall prepare and i mplement relocation plans or policies before any business , family, tenant or individual is relocated . Such plans or po l icies shall include but will not be limited to the following provisions: t. Methods for temporary relocations . ii. Relocation to areas not generally less des ira b le in regard to public utilities; public and commercial facilities ; at rents or prices within the financial means of such persons and families ; into equally decent and sanitary dwellings as available to such persons; and in places reasonably accessible to their employment . Wadsworth Boulevard Corridor Redevelopment Pion Clarion Assoc iates & HNTB Pog e 6 iii. To provide for reasonable relocation payments las determined by the Authority) for moving expenses and actual loss of property directly related to relocation . iv. For businesses, to provide for losses of goodwill and profits which are reasonably and directly related to relocation for which compensation is not otherwise provided . f. Other Techniques. Other redevelopment activities contemplated by this Corridor Redevelopment Plan may include changes to applicable zoning , land use and building code requirements . 5. 0 PROJECT FINANCING Urban renewal projects may be financed in whole or in part by the Authority under the tax increment financing (TIFI provisions of CRS §31-25-1 07(9)(a), of the Colorado Urban Renewal Law, or by any other available source of financing authorized to be undertaken by the Authority under the Colorado Urban Renewal Law, CRS §31-25-105. 5. 1 Financing Methods The Au thority is authorized to finance the urban re ewal projects within the Redevelopment Area with revenues from the property and sales tax increments, interest income, federal loans or grants, or any other available source of revenues . The Authority is auth rized to issue bonds and incur other obligations contemplated by the Col o ado Urban Renewal Law in an amount sufficient t f tnan ce all or an p art of an urban renewal project within the Redevelopment Area. The Authority is authorized to borrow funds and create indebtedness in any authorized form in carrying out this Corridor Redevelopment Plan in the manner contemplated by the Colorado Urban Renewal Law. Any principal and interest on such indebtedness may be paid from property and sales tax increments, or any other funds, revenues , assets or properties legally available to the Authority . 5.2 Potential Utilization of Tax Increment Financing (TIF) After the initial date of adoption of this Corridor Redevelopment Plan , as described in the Resolution approving this Plan, the City may authorize the utilization of TIF under CRS §31 -25-107(91 of the Urban Renewal Law, at such t ime , or times, that a redevelopment project or projects is/are initiated under Wadsworth Boulevard Corridor Redevelopment Plan Cla ri on Associates & HNTB Page 7 the provisions of th is Corri dor Redevelopment Plan wi thin the Redevelopment Area . Such TIF may be utilized in the entire Redevelopment Area or portions of the Redevelopment Area . The utilization of TIF for such redevelopment act ivities as described here i n, will necessitate a modification of, or to th is Corridor Redevelopment Plan , by the City , in compliance with the provi sions of CAS §3 1-25 -107{7) of the Colorado Urban Renewal Law governi ng s uch modifications . The details of th is uti lizat ion of TIF may also be prov ided f or by agreement between the City an d t he Authority . 6. 0 LAND USE CONCEPT T he general land use co n cept envi sioned by this Co rri dor Redevelopment Pla n for the Redevelopmen t Area is su bject to further ref inement and r evis ion as f uture plans and /or projects are proposed f or spec ific properties within. t he Redevelopment Area . The Authority, in c ooperat ion with and at the di rectio n and gu idance of the City , shall adopt such refinements and rev isions to th is Plan rel ated to t he genera l land u se c once pt . S EE: F IG URE 2, LAND USE CONCEPT P LAN. Th e land u se concept env isio ned by this Corr idor Re de velo pment Pla n is to strengt he n the mar ket potent ial and identity of W adsworth Bou levard as a reg•ona l, destin at ion -o ri ented commercial center, by f acilitat i ng opportunities fo r develop i ng add ition al reg iona l-sea ed p roj ects, maintaini ng desirable community -or iented uses , and i mproving he ph ysical environment of the Redevelopment Area . Larger, existi ng properties u nder si ngle ownership or management should be redeveloped to i ncrease h P. i nten ·ty and continuity of d esti nation -oriented commerci al u ses within this Redevelopment Area . 11. is an tici pated that redevelopment of these large r sites wi ll facilitate desirable redevel opment activity on smalle r parce ls m ore su itable for community- o ri ented uses . Over time , as this type of r edevelopment act ivity i ncreases , the City can use this opportumty to el imi na te exi st i ng i ncompatible uses , consolidate f ragmented parcels for im ro ed vehicular movement and pedestri an circulation with in the Redevelopment Area . The Wadsworth Boulevard Corridor Pl an (1999) identifies three properties that are suitable tor major redevelopment opportunities at key locations within the Redevelopment Area. The physica l and locational attributes of these properties are most favorable to large-scale, cohesively planned developments. These propert ies are also more li kely to requ ire additional efforts between the property -owners and the City in order to facilitate redevelopment activity. The Wadswort h Bou levard Corrid or Red evelopmen1 Pla n C lonon As socio les & HNTB Page 8 9. 0 REASONABLE VARIATIONS In specific cases , where a literal enforcement of the provisions contained in this approved Corridor Redevelopment Plan constitutes an unreasonable limitation beyond the intent and purpose of this Plan (as determined by the Authority). th e Authority may allow reasonable variances from these provisions . Wadsworth Bo ulevard Corridor Redevelopment Plan Clarion AssoCiates & HNTB Page 13 Appendix A Wadsworth Corridor A tract of land in Section 23, and the north half of Section 26, Township 3 South, Range 69 West of the 6th Principal Meridian, more particularly described as follows: Commencing at the Southwest Comer of the Northeast ~ of said Section 23; thence proceeding on a bearing of N00°10'12"W and a distance of 635.69 feet on and along the West line of the Northeast 1A of said Section 23 to the True Point of Beginning. Thence, N89°47'22''E a distance of 415.39 feet, along the North line of Coulehan Grange Subdivision, as recorded in the official records of the County of Jefferson, State of Colorado; Thence S00°10'16"E a distance of 405.00 feet, along the East line of the parcels as recorded in Book 2335 Page 785 under Reception Number F0856884 at said County of Jefferson, State of Colorado; Thence N89°4l '35"E a distance of 206.57 feet, along the North side of the parcel recorded at Reception Number F0856884 at said County of Jefferson, State of Colorado~ to a point on the West Right-of Way line of Vance Street; Thence S42°30'33"E a distance of74.25 feet, to a point on the East Right- of-Way line of Vance Street, said point being on the West Line of a parcel as recorded at F0532782, said County of Jefferson, State of Colorado; Thence N89°4l '37"E a distance of 169.31 feet; Thence N00° 11 '28"W a distance of 6.00 feet; Thence N89°41 '38"E a distance of 146.31 feet, to a point on the East line of Lot 4, Coulehan Grange Subdivision, as recorded in the official records of said County of Jefferson, State of Colorado; Thence sooo 1 0' 12"E a distance of 181.00 feet, on and along the East line of said Lot 4, Coulehan Grange Subdivision, to a point on the South line of the NE 1A of Section 23; Thence N89°41'37"E a distance of 22.83 feet, on and along said South line of the NE lA, Section 23; Thence S00°13'03'E a distance of 661.01 feet, on and along the East Right- of-Way line of Upham Street; Thence S89°39'45"W a distance of 353.61 feet, on and along the South line of the parcel recorded at Reception Number F0330477, and to a point on the East line of the Times Square Subdivision, as recorded at said County of Jefferson, State of Colorado; 1 Thence sooo 12' 12"E a distance of 661.13 feet, on and along the East line of said Times Square Subdivision; Thence S89°39'57"W a distance of 462.76 feet on and along the South line of said Times Square Subdivision: Thence S00°l0'23"E a distance of 132.50 feet on and along the West line of Currier Subdivision, as recorded in the official records of the County of Jefferson, State of Colorado; Thence S89°39'09"E a distance of 150.00 feet to a point on the East Right- of-Way line of Wadsworth Boulevard· Thence S00°10'09"E a distance of 132.03 feet , on and along the East Right-of-Way Line of Wadsworth Boulevard · Thence N89°39 '22"E a distance of 20.00 feet, on and along said East Right-of-Way line; Thence sooo 1 0' l2"E a distance of 1057.80 feet, on and along said East Right -of-Way Line, said line also being the West line of the Wheat Ridge Marketplace First Filing Subdivision as recorded in said County of Jefferson , State of Colorado , to a point on the North line of the Northeast 1.4 of Section 26; Thence S00° 19' 34"E a distance of 302. 14 feet on and along the East Right-of-Way line of Wadsworth Boulevard · Thence S89 °23 '54 'W a distance of 20.00 feet on and along said East Right-of Way line : Thence S00°19 '29 "E a distance of 358 .18 feet , on and along said East Right-of-Way line; Thence N89°37' 43"E a distance of 20.06 feet on and along said East Right-of-Way line ; Thence S00°19'33"E a distance of 439.60 feet on and along said East Right-of-Way line; Thence S89 °38'52"W a distance of 17.90 feet , on and along said East Right-of-way line ; Thence sooo 19 ' 35"E a distance of 257 .52 feet , on and along said East Right-of-Way line; Thence S89°41 '38"W a distance of 47.14 feet , on and along said East Right-of-Way line, to a point on the East line of the ortheast 1A of Section 26; Thence N00°19 35"W a distance of 5.00 feet, on and along the East line of the Northeast 1A of Section 26; Thence S89°41 '23"W a distance of 660.00 feet, on and along the South Right-of-Way line of West 35th Avenue; Thence N00° 19'35"W a distance of 823.78 feet, to the Southwest corner of the Adkins Subdivision , as recorded in the official records of said County of Jefferson, State of Colorado; Thence N89°37' 49' E a distance of 330.00 feet, on and along the South line of said Adkins Subdivision; 2 Thence N00°19'39"W a distance of270.00 feet, on and along the East line of said Adkins Subdivision, to the Southeast comer of a parcel recorded at F0768224, said County of Jefferson, State of Colorado; Thence S89°16'58"W a distance of 330.00 feet, on and along the North line of the parcels as recorded at the Reception Numbers F0768224 and 85079150 in the official records of said County of Jefferson, State of Colorado; Thence N00°20' 15"W a distance of 260.00 feet, on and along the West line of said Adkins Subdivision, to a point on the South line of the Southwest lA of Section 23; Thence N89°37' 48"E a distance of 2.52 feet, on and along the South line of the Southwest 1A of Section 23; Thence N00°20' 16"W a distance of 686.44 feet, on and along the West line of the Wilmore Center Subdivision, as recorded in the official records of said County of Jefferson, State of Colorado, to a point on the South Right-of-Way line of West 39th Avenue; · Thence N89°38'44"E a distance of 310.29 feet, on and along the South Right-of-Way line of West 39th Avenue; Thence N00°21' 12"W a distance of 611.13 feet, on and along the East line of Laurel Subdivision, as recorded in the official records of said County of Jefferson, State of Colorado, to a point on the South Right-of-Way line of West 41st A venue; Thence S89°38'5l"W a distance of234.14 feet, on and· along the South Right-of-Way line of West 41 51 Avenue; Thence N71 °34' 19"W a distance of 77.57 feet, on and along the South Right-of-Way line of West 41 51 A venue, to a point on the West line of the Melrose Manor Subdivision, as recorded in the official records of said County of Jefferson, State of Colorado; Thence N00°18'44"W a distance of 185.68 feet, on and along the West line of said Melrose Manor Subdivision, to the Southwest comer of a parcel as recorded at the Reception Number F0155284, in the official records of said County of Jefferson, State of Colorado; Thence N89°4l '44"E a distance of 303.00 feet, on and along the South line of said parcel; Thence N00°10' 12"W a distance of 205.46 feet, on and along the East line of said parcel, to a point on the North right-of-Way line of Three Acre Lane; Thence N89°46' 48"E a distance of 97.12 feet, on and along the North Right-of-Way line of Three Acre Lane, to the Southeast comer of Lot 5, Three Acre Subdivision, as recorded in the official records of said County of Jefferson, State of Colorado; Thence N()0°13' 12"W a distance of 158.00 feet, on and along the East line of said Lot 5, Three Acre Subdivision; Thence S89°46'48"W a distance of 400.00 feet, on and along the North line of said Three Acre Subdivision, to a point on the East line of Melrose Manor 3 /"".---- Subdivision, as recorded, in the official records of said County of Jefferson, State of Colorado: Thence N00° 12'22"E a distance of 78.93 feet , on and along the East line of said Melrose Manor Subdivision to a point of curvature, said point being on a curve to the left; Thence along said curve to the left, said curve having a radius of 42.20 feet, a central angle of 60°00'00", and a chord bearing of N30 °l2'22' E, said curve being on and along the East Right-of-Way of Yarrow Street' Thence N00° I 3 '45"W a distance of 20.00 feet. on and along said Right-of- Way to the Southwest corner of Graul Subdivision, as recorded in the official records of the County of Jefferson , State of Colorado · Thence N89°38'49 'E a distance of 274 .17 feet, on and along the South line of said Graul Subdivision ; Thence N00° 13 '55' W a distance of 331.05 feet , on and along the East line of said Graul Subdivision ; Thence S89°4l '42 "W a distance of 274.15 feet along the North line of Lot 3, Graul Subdivision , to a point on the East Right-of-Way line of Yarrow Street; Thence N00° 13 ' 50"W a distance of 310 .00 fee t, on and along the East Right-of-Way line of Yarrow Street to a point on the South line of the Northwest lA of Section 23; Thence N00° 13 '50 'W a distance of 30 .00 feet, to a point on the North Right-of-Way lineofWest44th Avenue ; Thence N89 °4l '00 'E a distance of 77.85 feet , on and along said North Ri.ght-of-Way line; Thence N00° 13 ' 39"W a distance of 2.52 feet on and along said North Right-of-Way line; Thence N86°47'35"E a distance of 345.35 feet , on and along said North Right-of-Way line; Thence N89°4l '58"E a distance of 129.62 feet, on and along said North Right-of-Way line, to a point on the West Right-of-Way line of Wadsworth Boulevard · Thence N47°29 14"E a distance of 30 .47 feet, on and along said West Right-of-Way line ; Thence N00°l0' 18'W a distance of210.19 feet, on and along said West Right-of-Way line; Thence N89°30'32''E a distance of 14.00 feet, on and along said Right-of- Way line: Thence N00°10' ll"W a distance of 355.09 feet, on and along said Right- of-Way line; Thence N89°49'48"E a distance of 45.00 feet, to the True Point of Beginning. 4 EXCEPT FOR A TRACT OF LAND IN THE SOUTHEAST ~OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRJNCIP AL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at the Northwest comer of the Southeast~ of Section 23, thence S56°34'28"E a distance of54.02 feet to the True Point ofBeginning. Thence N89°42'47"E a distance of283.51, feet on and along the South Right-of-Way line of West 44th Avenue; Thence S00° 11 '11 "E a distance of 631.18 feet, on and along the Westerly line of Times Square Subdivision, as recorded in the official records of said County of Jefferson, State of Colorado; Thence S89°40'33''W a distance of283.69 feet, along a Northerly line of said Times Square Subdivision, to a point on the East Right-of-Way of Wadsworth Boulevard; Thence N00° 1 0' 12''W a distance of 631.34 feet, on and along the East Right-of-Way ofWadsworth Boulevard to the True Point of Beginning. The area described above contains 3,659,074 square feet (84.00 acres) more or less. The drafter of this description is David F. Brossman, P.L.S., prepared on behalf of the Wheat Ridge Urban Renewal Authority, 7500 W. 29th Ave., Wheat Ridge, CO 80215- 6713, and is not to be construed as a monumented land survey. 5 recommendations of the planning commission or, if no recommendations are received within said thirty days , without such recommendations , the governing body may proceed with the hearing on the proposed urban renewal plan. CONFORMANCE TO COMPREHENSIVE PLAN: The Comprehensive Plan Envision Wheat Ridge was adopted in October 2009 and contains many elements this project will bring to the site, some of which are detailed below. The Planning Commission is asked to review this memo and make a determination that this project complies to the Comprehensive Plan. (Excerpts Taken Verbatim -Elements bold and in red will be advanced by the subject project.) Building on Previous Planning Efforts (Chapter 1 -Pages 2 and 3) Wheat Ridge has a solid record of community participation and planning for the future. The Envision Wheat Ridge Plan builds on these previous planning efforts . The Plan update included review of these previous efforts and documents. Many of the goals, policies , and ideas for the future in the previous planning efforts are still relevant , and are carried forth in this plan. Some examples of overarching themes in this plan that are carried forth from previous planning efforts include : • Commit to quality development and redevelopment (from the 2000 Comprehens ive Plan); • Preserve and enhance Wheat Ridge's Neighborhoods (2000 Comprehensive Plan); • Continue to provide quality community services , parks , and open spaces (2000 Comprehensive Plan); • Encourage alternative transportation opportunities and intergovernmental cooperation on regional issues (2000 Comprehensive Plan); • Focus on increasing housing options to attract a range of household type (Neighborhood Revitalization Strategy); • Prioritize the redevelopment of key commercial area (Neighborhood Revitalization Strategy); • Enhance community character and gateway (Neighborhood Revitalization Strategy); • Promote transit-supportive development (Northwest Subarea Plan); and • Develop a Town Center (Wad worth Subarea Plan); • Increase property maintenance and stability (Fruitdale Subarea Plan). While this Plan embodies many of the ideas , goals , and policies established in previous plans, there are some noteworthy new directions and slight changes in course presented in this plan. These new directions resulted from community feedback , reaction to current trends and conditions , and policy direction from elected and appointed officials. These new directions include: • Emphasis on sustainability (see Chapters 2 and 9); • Strategic, not parcel-specific future land use plan (Structure Plan) (see Chapter 3); • Relationship between land use and economics, including the market realities of redevelopment (see Chapter 4); and • Focus on transportation network connections and increasing multi-modal options (see Chapter 7). Key Values (Chapter 2-Page 11) The following six broad Key Values are the primary principles behind the Community Vision . They describe the community 's aspirations and organize the more specific policies into the chapters of this Comprehensive Plan. • Create a Resilient Local Economy Based on a Balanced Mix of Land Uses • Promote Vibrant Neighborhoods and an Array of Housing Options • Enhance Community Character and Accentuate Quality Design • Increase Transportation Connections and Options • Provide Quality Community Amenities , Services and Resources • Ensure a Sustainable Future Structure Plan -Foundations (Chapter 3-Page 22) Neighborhood Buffer (Along Wadsworth Boulevard) -Neighborhood Buffer Areas are gen.erally located at the "edges" of neighborhoods , and gen~rally function as buffers between low intensity residential areas and higher intensity commercial corridors and uses. Because of their close proximity to the city 's primary commercial corridors, potential for assemblage , and imderutilized nature of many of these properties, these areas will continue to transition from a mix of residential (both single and multi-family) and small-scale commercial uses traditional to areas with higher intensity residential, office , and commercial uses. Over time, the City aims to improve the appearance, mix of uses, property values, and overall vitality of these areas. Most Neighborhood Buffer Areas correspond with designated Urban Renewal areas, and will develop in accordance with adopted Urban Renewal plans as applicable. Structure Plan -Corridors and Gateways (Chapter 3 -Page 24) AU Primary Corridors -The corridors generally run north south along arterials. The properties along the corridors (between centers) will contain a broad mix of activities. They will accommodate multiple transportation modes and exemplify high quality urban design and appearance (over time). Primary Commercial Corridor (Wadsworth Boulevard)-Wadsworth Boulevard is the major north-south route through Wheat Ridge , connecting the city to its neighbors (Arvada and Lakewood). It is also the city 's principal commercial corridor and a key target area for redevelopment. In the future , the City will focus on retaining existing businesses and improving the appearance and function of the corridor, including landscaping, trees, signage, and architecture. Wheat Ridge will also work with partners and focus on assembling and redeveloping outdated and underutilized properties primarily from 351h to 44th Avenues. In these locations, the City will encourage development of a mixed-use Town Center that incorporates commercial and office uses, along with civic function such as a library and/or City offices. The area will feature buildings close to the treet with parking behind, higher intensities with high quality design and setbacks, outdoor gathering spaces such a patios and foundation , and a mix of use , including multi-family hou ing (as lofts or part of the mix). Buildings adjacent to residential areas will transition down in height. The City will also improve bicycle and pedestrian connections along route parallel to Wadsworth. (Also see the Wadsworth Corridor Subarea Plan). Economy and Land Use (Chapter 4 -Pages 36 -45) Promoting new and expanding employment areas will help provide local jobs and re-circulate dollars in the local economy . Empha i on retention and reinvestment in commercial area will ensure that resident have convenient local locations to shop, in addition to generating retail sales tax to maintain City services. Goal ELU I: Make Wheat Ridge a "community of choice" in which to live , work, shop , and recreate. Goal ELU2: Attract quality retail development and actively retain exi ting retailer to locate in Wheat Ridge. Goal ELU3: Retain and diversify local employment. Goal ELU4: Increase the diversity of land uses. Goal ELUS: Revitalize key redevelopment area . Goal ELU6 : Establish community activity centers and a T own Center. Goal ELU2 -Actively retain existing retailers and attract quality retail development. Wheat Ridge will proactively work with existing quality retailers to remain and thrive in Wheat Ridge, and encourage new businesses, particularly those that provide healthy and high quality products and services to locate in Wheat Ridge. In addition, the City will plan for future regional retail, community commercial, and neighborhood commercial center and promote opportunities for niche and specialty businesses and districts . ELU 2.3 -Rehabilitate Underutilized Retail pace Coordination and partnership between the City, economic development partner , and the development community to improve the appearance and function of outdated and inefficient retail pace will re-energize the community' primary corridors and key activity centers. A. Guide rehabilitation by establishing v1s1on and desired character for corridors and centers ; B. Encourage land assemblage and den er nodes of development within activity centers; C. Partner with area economic development organizations ; and D. Continue to work with local property owners on identifying opportunities for fa9ade and landscaping improvements and upgrades; and E. Identify community needs and opportunities to capture retail leakage. Goal ELU3: Retain and diversify local employment. Wheat Ridge will foster a business climate that encourages expansion or creation of employment opportunities. Particular emphasis will be placed on growing the community 's existing health care industry , redevelopment of the area surrounding the future FasTracks Gold Line Transit Station, and allowing secondary employment opportunities in the Crossing at Clear Creek Regional Commercial Center area. This business climate will require the retention of industrially zoned lands, and will place emphasis on new, high-quality employment opportunities in growing fields such as clean energy and biotechnology. ELU 3.2 -Generate New Primary Employment The City, in partnership with economic development and other business organizations, will recruit new primary employers to locate in Wheat Ridge, in order to provide quality jobs for the community's large residential base, and to draw employees into the city on a daily basis. Strategies: A. Market development sites within Enterprise Zone and Urban Renewal Authority areas; B. Target medical-related facilities and supporting services to complement the Exempla Lutheran hospital, and clean energy and biotechnology companies to locate in the T.O.D. area; C. Work on a package of appropriate incentives and establish the criteria by which these incentives can be used. Goal ELU4 -Increase the diversity of land uses. Wheat Ridge will work to ensure that the limited future development and redevelopment areas provide increased opportunities for employment, retail, and commercial services, along with new housing options, to achieve a sustainable and balanced mix of land uses for the community. Policies: ELU 4.1-Efficient Use of Limited Land Because of the limited amount of land available for new development, the City will require efficient use of newly developing and redeveloping areas by promoting higher-intensity development. Priority areas for new development include the Crossing at Clear Creek site west ofl-70 and the future T.O.D. area north ofl-70 near Ward Road. Strategies: A. Emphasize mixed-use development in developing and redeveloping areas; B. Develop a new mixed-use zoning district and associated land use regulations; C. Prioritize areas for future subarea and corridor plans and potential overlay districts to identify opportunities for property assemblage and efficient use of land; D. Promote shared parking or enact maximum parking standards for certain uses or near the future transit station; and E. Seek to remove height and density limitations from the City Charter in targeted development and redevelopment locations and examine/rezone those areas as necessary to achieve goals. Goal ELU5-Revitalize key redevelopment areas. Wheat Ridge will target areas with immediate redevelopment needs with efforts that support and promote investment and quality design. Emphasize high quality development that projects a po itive image for the community and enhances the surrounding context. Policies: ELU 5.1-Infill and Redevelopment Many properties along Wheat Ridge' primary corridors and in activity center are dated and underutilized. The City will work with partners and private developer to promote infill and redevelopment in key areas shown on the Structure Plan. Strategies: A. Provide financing tools and incentives (such as Tax Increment Financing in Urban Renewal Areas and Enterprise Zone tax credits) to jump-tart redevelopment in underutilized areas; B. Identify areas with potential for property a semblage (through future ubarea and corridor plans) and provide as istance with assemblage; C. Actively pursue grants and technical assistance in determining the existence of brownfields at key redevelopment locations; D. Coordinate with all interested parties (property owners , adjacent property owners , and City) to plan and define the vision for future development on infill sites ; E. Identify areas for future overlay districts ; and F. Enter public-private partner hip (between City government, developers, financial in titutions , nonprofit organizations, and neighborhood organizations) to increa e cooperation and development uccess. ELU 5.2 -High Quality Redevelopment The City will require high quality urban design for all future infill and redevelopment, in order to en ure compatibility with urrounding neighborhoods, and to improve the overall appearance of the community' primary corridors and activity centers. Strategies: A. As i t with property assemblage to promote well-coordinated, complete area for redevelopment (not piecemeal properties); B. Develop a new mixed-u e zoning district to as ure high-quality mixed-u e development; and C. Identify areas for future subarea and corridor plans , and potential thematic-based overlay districts (to establish guidelines and standards to address suitable design and scale, variety and visual interest , and appropriate materials specific to each subarea or corridor). Neighborhoods and Housing (Chapter 5-Page 51) eighborhood Buffer Areas present opportunities for image improvements, new housing types, and small-scale infill and redevelopment. Future efforts will aim to make these areas vibrant, desirable locations that feature a mix of use to buffer neighborhood from adjacent primary corridor . Goal NH2 -Increase Housing Options The City will work with private developer and Wheat Ridge 2020 to increase the diversity of the community's hou ing upply to attract new hou ehold types and meet the changing needs of the community' residents. NH 2.1 -New Housing Types The City will direct the development of new housing types such as townhomes, condos/lofts, and senior living units (especially in Neighborhood Revitalization, Neighborhood Buffer and other mixed-use areas) to meet market demand. Strategies: A. Revise zoning requirements to require new residential and/or mixed-use developments to provide a range of housing options (including price points and/or dwelling unit types) to meet the changing needs of existing and future residents; B. Promote traditional neighborhood development with a variety of housing types (possibly including accessory dwelling units, multi-family, and senior housing units) as a component of infilllredevelopment sites. NH 3.1-Promote Strong Households The City will work with Wheat Ridge 2020, private developers and other groups to promote home ownership and to attract and retain "strong households" (per NRS recommendations). Strategies: A. Provide relocation information to families and explore offering incentives to capture home buyers; B. Coordinate with Wheat Ridge 2020, private developers, and other groups to develop new housing types to accommodate a range of household types; and · C. Develop and offer homeowner programs or classes. Goal NH4 -Stimulate Investment and Redevelopment in Neighborhood Buffer Areas. The City, in collaboration with economic development partners, and other neighborhood and business organizations, will improve the appearance of Neighborhood Buffer Areas (as defined on the Structure Plan), by updating and rehabilitating multi-family properties, and encouraging appropriate redevelopment and small-Policies: NH 4.1 -Enhance Neighborhood Buffer Areas The City will coordinate and partner economic development partners, neighborhood groups, and private developers to initiate investment and redevelopment efforts in Neighborhood Buffer Areas. Strategies: A. Coordinate revitalization efforts with established Urban Renewal Authority areas and plans; B. Enter public/private partnerships to improve or redevelop outdated multi-family properties; and C. Encourage and facilitate property assemblage to accommodate new small-scale mixed-use developments to provide transition between primary corridors and residential neighborhoods. Relationship to the Community Vision and Structure Plan (Chapter 6 -Pages 60, 62, 63) The community character and design goals and policies contained in this chapter aim to establish community identity to make Wheat Ridge a desirable place to reside and visit. They also aim to ensure that new development and redevelopment feature high quality urban design and complements nearby uses. The City of Wheat Ridge is expected to lead the community in such design efforts , to set the tone for future private investment. Goal CCI : Goal CC2: Goal CC3: Create recognizable gateways and Corridors. The City of Wheat Ridge will lead the community in quality design. Ensure quality design for development and redevelopment. Goal CC2 -The City of Wheat Ridge will lead the community in quality design. The City of Wheat Ridge will lead by example by committing to quality, energy efficient buildings and facilities. Policies: CC 2.1 -Public Facility Design When updating existing facilities or constructing new public facilities or spaces, the City of Wheat Ridge will meet or exceed established de ign and character requirements to set the tone for future private development efforts. Goal CC3 -Ensure quality design for development and redevelopment. Wheat Ridge will promote a high standard of design for development and redevelopment 11rojects, and ensure that infill development i of high quality and meet the intent of the Structure Plan. Policies: CC 3.1 -High Quality Development The City will require new development and redevelopment to exemplify high quality urban design to enhance Wheat Ridge's character. Quality commercial and mixed-use developments feature: • Intere ting detail (such as window , awning , and cornice ) de igned to a human scale • High quality and durable materials (such a masonry and stone) • Complementary signage • Streetscape and parking lot landscaping • Buffers and screens to minimize impacts to neighbors • Screened storage and service areas • Pedestrian-oriented design • Gathering spaces • Connections to other properties and roadways Relationship to the Community Vision and Structure Plan (Chapter 7-Pages 67, 79-83) The transportation goals and policies contained in this chapter aim to increase mobility and convenience for Wheat Ridge residents , and to increase efficiency and function of the local and regional transportation system. As shown on the Structure Plan, primary corridors are key areas of emphasis in the community. Not only are the future land uses important along these corridors , but so are the transportation options provided . Improved pedestrian and bicycle connections from neighborhoods (shown as "neighborhood portals" on the Structure Plan) to the primary corridors and activity centers will reduce dependence on personal automobiles for short trips and will enable residents of all ages to safely access community services. Goal T 1: Provide an integrated transportation system to address all modes of travel and future funding priorities. Goal T 2: Increase intergovernmental cooperation on regional transportation issues . Goal T 3: Increase transportation efficiency and options. Goal T 4: Improve coordination between transportation improvements and future land use decisions. Road Capacity and Safety ("Complete Streets") -Wadsworth Boulevard -Major regional vehicular travel corridors with heavy travel volumes , routine traffic congestion, and pedestrian and bicycle safety issues will benefit from improvements to increase road capacity and safety for all transportation modes. Improvements might include driveway consolidation, modified cross- sections, and enhanced streetscaping. Goal T 1 -Provide an integrated transportation system to address aU modes of travel and future funding priorities. Wheat Ridge will accommodate all modes of travel including motorists, pedestrians, bicycles, and transit riders. T 1.1 -Targeted Improvement Areas The City will focus future investment for infrastructure improvements in targeted corridors and intersections , as identified on the Transportation Structure Plan. Strategies: A. Institute transportation improvements as activity centers and primary corridors develop and redevelop; B. Use the improvements shown on the Transportation Structure Plan to establish key areas for each travel mode and capital improvement projects ; and C. Establish criteria to identify neighborhoods that are not targeted areas for street or sidewalk enhancements. T 1.3 -Complete Streets The City will coordinate with Colorado Department of Transportation (COOT) to establish roadway design criteria that ensure safe, attractive, and comfortable access and travel for all users (also commonly referred to as "complete streets"). Strategies: A. Develop new road cross sections for principal corridors that meet the needs of all modes of transportation ; B. Review and revise development regulations to require new development to construct or enhance segments of pedestrian and bicycle systems; and C. Establish and require level of service standards for all travel modes . D. Complete the Implementation Plan (Phase 2) of the Bike and Pedestrian Route Master Plan. Goal T 3 -Increase transportation efficiency and options. Wheat Ridge will expand and enhance transportation efficiency and options, including vehicular traffic, bus and rail transit, bicycling, and walking. Wheat Ridge will coordinate with regional transportation agencies to reduce barriers that impede traffic flow and promote safety. T 3.1 -Reduced Traffic Congestion The City will collaborate with regional partners, developers, and motori ts to improve traffic flow and traffic congestion in order to improve air quality and reduce vehicle hours traveled. Strategies: A. Improve coordination of traffic signals on major corridors (work regionally with DRCOG and CDOT); B. Consolidate access points (on state highways) with development and redevelopment projects; and C. Develop and continue programs that promote carpooling and alternative mode commuting. 3.4-Priority Pedestrian and Bicycle Improvements The City, in conjunction with private developers, will work to prioritize and improve neces ary pedestrian and bicycle facilitie shown on the Transportation Structure Plan and Bicycle and Pedestrian Route Master Plan. Goal T 4 -Improve coordination between transportation improvements and future land use decisions. Wheat Ridge will promote the development of transit-supportive growth patterns in major transit corridors. Throughout the city, Wheat Ridge will focus on establishing a desired image and function of the community's principal roadway corridors in relation to the future land uses. Policies: T 4.1-Land Use and Transportation Relationship The City will stress the connected relationship between future land use and transportation, and will decrease dependence on the personal automobile with coordinated land use and tran portation planning. Strategies: A. Improve pedestrian and bicycle connections between neighborhoods and activity center and corridors to reduce reliance on the automobile for short trips; B. Study planned future right-of-way widths and their impact on adjacent properties (especially Wadsworth and Kipling) and develop alternative cross-sections to accommodate preferred land use patterns and multiple travel modes; and C. Coordinate and communicate preferred future land u e and roadway vision to regional entities (CDOT, DRCOG, and other regional transportation organizations). Relationship to the Community Vision and Structure Plan (Chapter 9-Pages 95-96,) The places shown on Structure Plan layer together to create the type of city described by the community vision. In a similar fashion , the goals and policies contained in this section link together the goals and policies in the previous chapters , to relate land use decisions and patterns to social , environmental , and economic costs and benefits. With continued focus on providing balance between the key values, and stressing the importance of both the existing and future places shown on the Structure Plan the City will achieve its mission to create a sustainable and successful future that respects the needs of its people, natural environment, and prosperity. Goal SF 1: Establish and maintain a resilient and sustainable tax base. Goal SF 2: Protect and preserve natural assets. Goal SF 3: Reduce resource consumption and increase conservation. Goal SF 4: Create a healthy and active community. Goal SF 1 -Establish and maintain a resilient and sustainable tax base. Wheat Ridge will establish and maintain a resilient tax base that will be able to fund community services. The City will base future economic development strategies and land use decisions on community service expectations and fiscal realities. Policies: SF1.1 -Coordinated Planning The City will coordinate with economic development partners, private developers, and other groups to coordinate land use and fiscal planning. SF 1.2 -Diverse Revenue Base The City will work with economic development partners to diversify and broaden the City's revenue base. Strategies: A. Facilitate the development of local and regional retail and employment that provides a net positive fiscal impact; B. Develop programs to encourage local shopping and dining. Plan Implementation (Chapter 10-Page 108) Retain and attract retail (revenue-generating activity) Develop programs, tools , and partnerships to retain and increase retail and revenue- generating activities in activity centers. Address zoning and design standards for targeted areas Amend/clarify commercial and mixed-use districts and design standards to help encourage redevelopment and infill only in targeted activity center areas with high quality design , higher density mixed-use, transitions, buffers, public gathering spaces , and landscaping, etc. Continue partnerships for housing revitalization Continu e workin g with Wheat Ridge 2020 to dev elop prog rams and strategies to promote new hou sing opportunities to meet the need s of changing hou sehold and to attract new residents. Improve gateways (image) Prioritize gateways and enhance community identity through priority gateway improvement , including art, signage and land caping, in gateway areas and identifying requirements for new development to convey a positive image. Use public/private partnerships. Provide neighborhood-to-centers bicycle/pedestrian connections Improv e pede trian and bicycle connection s between neighborhoods and future activi ty center and prima ry corridor . Urban Renewal Authority (Page 113) De ig nated urban ren ewal area a llow s for con olidation , demolition , con truction , operation/maintenance of public improvements. In rare cases the City could use condemnation . Sales/property tax revenue increment above pre-established base. The URA enables Tax Increment Financing (TIF ) Wadsworth Corridor (Page 117) Action Items: Redevelopment of Wadsworth has long been important to Wheat Ridge . However, land vacancies and other complexities of th e area hav e made it challenging to facilitate redevelopment. Consequently it is seen as a longer-term undertaking than other areas of the City. Short-Term • Identify vacant, underutilized and other s uitable parcels for redevelopment along corridor. • Begin a dialogue with relev ant prope rty owners and bu sine s es about their future plans, relocation , and redevelopment. • C ontinue to work with C OOT on Wad wo rth Boulev ard requirements and hi g hway concern s. • Work with Exempla Lutheran on interest in developing office buildings along the • Wadsworth Corridor or in a location close to the Town Center area. • Discuss with library district their potential interest in opening a branch library in/near the Town Center location. • Work with other potential users to assess interest. 5 Years • Identify viable potential as semblages. • Attract I work with a private developer to identify potential as emblages and redeve lopment potentials. • The Town Center area is one of Wheat Ridge 's key areas. Care should be taken with interim projects along the corridor to ensure that they are compatible with the Comprehensive and Sub-area plan. RECOMMENDATIONS: Staff supports the project recommends the Planning Commission agree it conforms to the City 's Comprehensive Plan , Envision Wheat Ridge for the reasons listed above and adopts the attached resolution. RECOMMENDED MOTION: "I move to adopt Resolution 03-2014 , finding the Second Amendment to the Wadsworth Boulevard Corridor Redevelopment Plan for the southwest comer of 38th Avenue and Wadsworth Boulevard is in conformance with the Wheat Ridge Comprehensive Plan, Envision Wheat Ridge." Or, "I move to deny Resolution 03-2014 , finding the Second Amendment to the Wadsworth Boulevard Corridor Redevelopment Plan for the southwest comer of 38th Avenue and Wadsworth Boulevard is not in conformance with the Wheat Ridge Comprehensive Plan, Envision Wheat Ridge for the following reasons." Attachments: I. Second Amendment to the Wadsworth Boulevard Corridor Redevelopment Plan 2. Resolution No. 04-2014 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 07 Series of 2015 TITLE: A RESOLUTION APPROVING A FIRST AMENDMENT TO THE WADSWORTH BOULEVARD CORRIDOR REDEVELOPMENT PLAN TO ALLOW FOR THE UTILIZATION OF TAX INCREMENT FINANCING FOR THE PROPOSED PROJECT AT THE SOUTHWEST CORNER OF 38™ AND WADSWORTH WHEREAS, on October 22, 2001, the Wheat Ridge City Council approved an urban renewal plan, known as the Wadsworth Boulevard Corridor Redevelopment Plan (the Urban Renewal Plan) for the elimination of blight and redevelopment of certain portions of the City; and WHEREAS, such Urban Renewal Plan includes the area described in Exhibit A hereto, which is the location of the Quadrant Development Properties redevelopment; and WHEREAS, Section 5 of the Urban Renewal Plan provided for the utilization of sales and property tax incremental revenue sources within the redevelopment area; and WHEREAS, in compliance with the Urban Renewal Law of Colorado, C.R.S. § 31-25-101 et seq., the Wheat Ridge Urban Renewal Authority desires to implement the use of tax increment financing for the project area described in Exhibit A; WHEREAS, this first amendment to the Urban Renewal Plan is considered a substantial modification and therefore requires a 30-day notice to all property and business owners in the Urban Renewal Plan project area and the County Commissioners and requires the City's Planning Commission to review the amendment and its conformity to the City's Comprehensive Plan for development as a whole; and WHEREAS , a 30-day notice was placed in a newspaper of general circulation and the City's Planning Commission did review the amendment at its December 18, 2014 regular business meeting. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: Section 1 . The City Council hereby adopts this resolution amending Section 8 of the Urban Renewal Plan for the utilization of property and sales tax increment for the Quadrant Development Properties redevelopment project. DONE AND RESOLVED this __ day of February, 2015. Attachment 3 Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk Council Action Fonn -Parfet Storage February 9, 2015 Page2 PRIOR ACTION: Planning Commission heard the request at a public hearing on January 15 , 2015 and recommended approval. The staff report and meeting minutes from the Planning Commission meeting will be included with the ordinance for second reading. BACKGROUND: The property is located at 5130 Parfet Street in the northwest quadrant ofthe City, just south of Ridge Road. The property is currently zoned Planned Industrial Development (PID), which is developed in accordance with an approved Outline Development Plan, and Agricultural-One (A- 1 ), which allows for single family and agricultural uses. The primary structure on the property was originally built as a single family home in 1960. Since that time, the building was converted for commercial use. Most recently, the site served as an office for an electrical contractor. Surrounding Land Us es Surrounding properties include a variety of land uses and zoning. To the west is a transmission substation which is zoned A-1. Abutting the property to the southwest are three parcels (5120 , 5110, and 5006 Parfet Street) all zoned Agriculture-One (A-1) with single family, greenhouse and farming uses . To the north and east of the prope.rty are developments zoned PID , which have a variety of office/warehouse and manufacturing uses. The property south of Lot 2 is an undeveloped parcel zoned Planned Commercial Development (PCD). This area has a large number ofPIDs as opposed to straight industrial zonings because until 2012, there were no other industrial rezoning options . However, Planned Developments do not necessarily age well and can result in a cumbersome process for prospective owners to amend . With recently adopted design guidelines and code amendments , city staffhas a large amount of oversight with administrative site plan reviews. The Architectural and Site Design Manual was updated in 2012 to include design standards specifically for heavy commercial and light industrial land uses , and the document clearly defines minimum building and site design standards for industrial development. These standards are up to date with current planning goals of the City- including appropriate buffers and articulated design-as opposed to many older PIDs that may no longer be aligned with the goals of the City. Current and Propos ed Zoning The existing PID and proposed I-E districts are very similar as they both allow industrial and commercial uses with minor differences. One of those differences is that mini wareho use storage is not listed as a permitted use in the approved ODP. It would be allowed in the I-E district, which the applicants are proposing to rezone to instead of attempting to go through ODP and FOP amendments . A portion ofthe site is currently zoned A-1 , as it was not rezoned to PID in 2003 . The applicants are proposing to incorporate this portion into the I-E rezoning to facilitate development of the property. Council Action Form -Parfet Storage February 9, 2015 Page 3 RECOMMENDED MOTION: "I move to approve Council Bill No. 04-2015 , an ordinance approving the rezoning of property located at 5130 Parfet Street from Planned Industrial Development (PID) and Agricultural-One (A-1) to Industrial-Employment (1-E) on first reading, order it published , public hearing set for Monday, March 9, 2015 at 7 p.m. in City Council Chambers, and that it take effect 15 days after final publication." REPORT PREPARED/REVIEWED BY: Sara White, Planner II Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No . 04-2015 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER------- COUNCIL BILL NO. 04 ORDINANCE NO. ___ _ Series of 2015 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 5130 PARFET STREET FROM PLANNED INDUSTRIAL DEVELOPMENT (PID) AND AGRICULTURAL- ONE (A-1) TO INDUSTRIAL-EMPLOYMENT (I-E) (CASE NO. WZ 14-15/PARFET STORAGE) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City's review and approval of requests for land use cases; and WHEREAS, Parfet Storage, LLC has submitted a land use application for approval of a zone change to the Industrial-Employment zone district for property located at 5130 Parfet Street; and WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan- Envision Wheat Ridge-which calls for land uses that support employment; and WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on January 15, 2015 and voted to recommend approval of rezoning the property to Industrial-Employment (1-E). NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Parfet Storage, LLC for approval of a zone change ordinance from Planned Industrial Development (PI D) and Agricultural- One (A-1) to Industrial-Employment (I-E) for property located at 5130 Parfet Street, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: LOTS 1, 2 AND 3, P ARFET PARK SUBDIVISION , TRACT 2 REP LA T, COUNTY OF JEFFERSON , STATE OF COLORADO Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge . Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and ATTACHMENT 1 welfare of the public and that this ord inance is necessary for the preservation of health and safety and for the protection of public convenience and welfare . The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained . Section 4. Severability; Conflicting Ordinance Repealed. If any section , subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid , the validity of the remaining sections , subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in confl ict with the provisions of this Ordinance are hereby repealed . Section 5. Effective Date. This Ordinance shall take effect 15 days after fi nal publication , as provided by Section 5.11 of the Chart~r. INTRODUCED, READ , AND ADOPTED on first reading by a vote of _ to _on th is gth day of February , 2015 , ordered it published with Pub lic Hearing and consideration on final passage set for Monday, March 9, 2015 at 7:00 o'clock p.m., in the Council Chambers , 7500 West 291h Avenue , Wheat Ridge, Colorado , and that it takes effect 15 days after final pub lication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this 23rd day of February, 2015 . SIGNED by the Mayor on this ___ day of _______ , 2015 . ATTEST : Janelle Shaver, City Clerk 1st pub lication: 2nd publication : Wheat Ridge Transcript: Effective Date : Joyce Jay, Mayor Approved as to Form Gera ld Dahl , City Attorney Council Action Form-Sex Offender Regi stration Fees February 9, 2015 Page 2 in $3 ,050 in revenue. Of that $3 ,050, $50 remains outstanding, resulting in an approximate 2% revenue loss. For 2013 , 49 initial registrations were completed. At $75 per registration , $3 ,675 shou ld have been collected. To date, $1 ,135 remains outstanding, equaling roughly a 30% loss in revenue. Eighty-eight annual registrations have been completed . At $25 per registration , $2 ,200 in fees should have been paid. Of that $2 ,200, $50 is unpaid , resulting in an approximate 2% loss in revenue. Based on our estimates , this equates to approximately 13-16 sex offenders a year who fail to pay their initial or annual registrations in full. BACKGRO UN D: The revenue generated by sex offender registration fees aids in covering the time and labor required by the registrar to prepare registration forms , generate an offender 's file , register the offender, process the offender's registration , and post the offender's infonnation on the department 's public sex offender list. The public list is of vital importance, as it promotes the safety of citizenry by providing infonnation on the identity and location of sex offenders in the area . C.R.S 16-22-108(l)(a)(II) requires that an offender "shall register ... by completing a standardized registration form ... and paying the registration fee impo sed by the local law enforcement agency." Despite this pro v ision, the pa s sage ofHouse Bill 11-1278 changed the pursuit of payment for outstanding fees from a criminal to a civil proces s. Currently, WRPD ha s no civil proces s in place, and the passage of the bill effectively took the "teeth " out of enforcin g the payment of registration fees . Continued verbal payment requests by the registrar to the offenders have also proven ineffective, particularly if the offender has moved out of the City. This department's Notice to Pay Fee form also specifies that a registrant "shall not be considered registered until the fee has been paid ." However, C.R.S 16-22-1 09(3) requires a law enforcement agency to "report" registrations (via CCIC) to the Colorado Bureau of Investigation "within three business days ." Due to this requirement , an offender's registration catmot lawfully be held until hi s/her fee is paid . It would also be detrimental to public safety to hold an offender 's reg istration , and not pro vide the information on the offender to our citizen s. A process that allows the City of Wheat Ridge to issue a summons to appear in Municipal Court to sex offenders who do not pay the requisite fee would greatly assist in fee collection . Other jurisdictions, such as the City of Brighton, have passed such an ordinance, and effectively increased their rate of fee compliance to 100 %. REC O MMEN DAT IO NS : It is recommended that an ordinance be passed requiring the payment of sex offender registration fees at the time of registration. A second option is to not pass the fee and absorb the cost of those offenders who choose not to pay the fee. Council Action Form-Sex Offender Registration Fees February 9, 2015 Page 3 RECOMMENDED MOTION: "I move to approve Council Bill No. 05-2015 , an ordinance approving a new section (16- 160) of the Wheat Ridge Code of Laws, requiring the payment of sex offender fees at the time of registration , on first reading, order it published , public hearing set for Monday, February 23 , at 7:00p.m. in City Council Chambers , and that it take effect 15 days after final publication." Or, "I move to postpone indefinitely Council Bill No. 05-2015, an ordinance approving a new section ( 16-160) of the Wheat Ridge Code of Laws, requiring the payment of sex offender fees at the time of registration for the following reason(s) _______ " REPORT PREPARED/REVIEWED BY: Dave Pickett, Commander Daniel Bre1man , Chief of Police Patrick Goff, City Manager ATTACHMENTS: I. Council Bill No. 05-2015 2. StaffReport dated January 5, 2015 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER------ COUNCIL BILL NO. 05 ORDINANCE NO. ___ _ Series 2015 TITLE: AN ORDINANCE ADOPTING A NEW SECTION (16-160) OF THE WHEAT RIDGE CODE OF LAWS REQUIRING THE PAYMENT OF SEX OFFENDER FEES AT THE TIME OF REGISTRATION WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a Colorado home rule municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado Constitution ; and WHEREAS, pursuant to C.R.S. § 16-22-108(1 )(a)(ll), the Wheat Ridge Police Department (WRPD) is required to accept and process sex offender registrations from City residents who are required by law to register as sex offenders; and WHEREAS, in association with sex offender registration , the WRPD is authorized by C.R.S. § 16-22-108(7) to impose and collect a registration fee, which fee recoups a portion of the City's cost in staff time and resources necessary to process sex offender registrations, including but not limited to maintaining the City's public sex offender list; and WHEREAS, when a sex offender fails to pay the applicable registration fee, the WRPD may not lawfully refuse to process the offender's registration, and the Council finds that the WRPD should not refuse to process such a registration, it being of critical importance that sex offenders are timely registered and that public registration lists remain current and accurate; and WHEREAS, for calendar years 2012 and 2013 , the WRPD reports that it carries two thousand seven hundred eighty-four dollars ($2, 784.00) in outstanding unpaid sex offender registration fees; and WHEREAS, the collection of registration fees is necessary to continue to fund the City's obligations concerning sex offender registration and there is currently no effective means of enforcing the requirement to pay such fees; and WHEREAS, the City Council therefore finds that it is necessary and desirable to adopt local Code requirements concerning sex offender registration and the payment of registration fees so that such requirements may be quickly and effectively pursued in the Wheat Ridge Municipal Court. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Chapter 16 of the Wheat Ridge Code of Laws , concerning Offenses, is hereby amended by the addition of a new Section 16-160, concerning sex offender registration and fees , to read in its entirety as follows: Attachment 1 Sec. 16-160. Sex Offender Registration and Fee Required. (a) Every person who is required by statute , ordinance , law, rule , regulation or any other legal obligation to register as a sex offender with the Wheat Ridge Police Department shall register with the Wheat Ridge Police Department in the time frame prescribed by such statute , ordinance , law , rule , regulation or other legal obligation . It is unlawful to fail to register as required by this subsection. (b) Every person who is required to register as a sex offender with the Wheat Ridge Police Department pursuant to subsection (a) of this Section shall , at the time of registration , pay the applicable sex offender registration fee as set forth in the Wheat Ridge Police Department Fee Schedule , as adopted and amended by the City Council from time to time. It is unlawful to fail to timely pay the registration fee required by this subsection. Section 2. Safety Clause . The City Council hereby finds , determines , and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge , that it is promulgated for the health, safety , and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare . The City Council further determines that the Ordinance bears a rational relat ion to the proper legislative object sought to be attained . Section 3. Severability: Conflicting Ordinances Repealed. If any section , subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections , subsections and clauses shall not be affected thereby . All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed . Section 4. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication , as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to ___ on this g th day of February , 2015 , 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 February 23rd , 2015, at 7:00 o'clock p.m ., in the Council Chambers , 7500 West 29th Avenue , Wheat Ridge , Colorado . READ , ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2015 . SIGNED by the Mayor on this ____ day of _________ , 2015. Joyce Jay, Mayor 2 ATTEST: Janelle Shaver, City Clerk First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Approved As To Form Gerald E. Dahl , City Attorney 3 Staff Report: Unpaid Sex Offender Registration Fees January 5, 2015 Page 2 BACKGROUND: The revenue generated by sex offender registration fees helps cover the time and labor required by the sex offender registrar to prepare registration forms , generate an offender's file , register the offender, process the offender's registration , and post the offender 's information on WRPD 's public sex offender list. The public list is of vital importance, as it promotes the safety of citizenry by providing information on the identity and location of sex offenders in the area . C.R.S 16-22-l 08(1 )(a)(ll) requires that an offender "shall register. .. by completing a standardized registration form ... and paying the registration fee imposed by the local law enforcement agency." Despite this provision , the passage of House Bill 11-1278 changed the pursuit of payment for outstanding fees from a criminal process to a civil process. Currently WRPD has no civil process in place, and the passage of the bill effectively took the "teeth" out of enforcing the payment of registration fees. Continued verbal payment requests by the sex offender registrar to the offenders have also proven ineffective, particularly if the offender has moved out of the City. This department's Notice to Pay Fee form also specifies that a registrant "shall not be considered registered until the fee has been paid." However, C.R.S 16-22-1 09(3) requires a law enforcement agency to "report" registrations (via CCIC) to the Colorado Bureau of Investigation "within three business days ." Due to this requirement , an offender 's registration cannot lawfully be held until his/her fee is paid . It would also be detrimental to public safety to hold an offender 's registration and not provide the information on the offender to our citizens. A process that allows the City of Wheat Ridge to issue a summons to appear in Municipal Court to sex offenders who do not pay the requisite fee would greatly assist in fee collection. This summons would be issued at the time of registration ifthe offender failed to pay the fee. The City of Brighton has passed such an ordinance, and effectively increased their fee compliance to 100%. The summons mandates a court appearance but the case is dismissed if the offender remits the fee. In seeking a solution to the unpaid registration fee problem , staff examined other entities within the City. None of the current processes used by other departments would be effective in collecting unpaid fees . Staff believes the most effective mechani sm to collect unpaid sex offender registration fee is the issuance of a Municipal Court summons. RECOMMENDATIONS: Staff recommends that an ordinance be passed requiring the payment of sex offender registration fees at the time of registration. A second option is to not pass the ordinance, and absorb the cost of those offenders who choose not to pay the fee. ATTACHMENTS: 1 . Proposed Ordinance 2. House Bill 11-1278 DP /ck ,.~4~ , ~ "' City of • ?WheatRi_dge ITEM NO:~ DATE: February 9, 2015 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 06-2015 AN ORDINANCE AMENDING SECTION 16-156 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING INTERFERENCE WITH PUBLIC OFFICERS PERFORMING THEIR DUTIES D PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS QUASI-JUDICIAL: City Attorney ISSUE: cgj ORDINANCES FOR 1ST READING (02 /09/2015) 0 ORDINANCES FOR 2ND READING (02/23/2015) D YES 1!~ City Man~ Wheat Ridge Code of Laws ("Code") Section 16-156 defines and prohibits several acts that constitute interference with public officers performing their duties. One subsection prohibits verbally abusing or threatening officers ; another section prohibits refusing to provide one's identifying information to an officer, when requested. This ordinance modifies these sections to be consistent with the current state of constitutional law. PRIOR ACTION: None FINANCIAL IMPACT: None BACKGROUND: The state, the City, and most other local jurisdictions define and prohibit conduct that constitutes interference with a law enforcement officer or firefighter performing his or her official duties. There is clearly a legitimate government interest in deterring and punishing behavior that prevents government employees from performing their critical public safety functions. Public officers routinely face opposition while performing their official duties in the form of both verbal Council Acti on Fo nn -Interference with Publ ic Officers February 9, 2015 Page2 and physical resistance . While not a part of an officer's job description , it is reasonably expected that s/he tolerate some level of verbal criticism and resistance , from both the practical perspective (the frequency with which it occurs) and legal perspective (some such expression may constitute protected First Amendment speech). To fairly and lawfully constitute "interference," speech must actually hinder, impair or prevent the officer or firefighter from performing his or her duties. Code Section 16-156(b) prohibits the act of threatening a public officer or official with "violence, reprisal , or any other injurious act ," with nothing more. Under this language , a statement such as , "I 'll have your job for this" is unlawful and subject to criminal prosecution. This ordinance deletes subsection (b) entirely; the Police Department recommends that officers · instead issue citations for these offenses , when appropriate, under the state law on this topic. That state law requires that threatening language actually obstruct, impair, or hinder the public officer's performance of duties. Code Section 16-156( d) makes it unlawful for any person to refuse to give their name, address or date of birth when requested by an officer. Under case law interpreting the Fourth Amendment (which governs the detention of people by officers), an individual is required to give this information to an officer when they are rea sonably being detained for investigatory purposes . Accordingly, thi s ordinance amends current sub section (d) (now , (c)) to require probable cause . These amendments brin g Code Section 16-156 in line with the current state of the law. RECOMMENDATIONS: Approve the ordinance as presented. RECOMMENDED MOTION: "I move to approve Council Bill No. 06-2015 , an ordinance amending Section 16-156 of the Wheat Ridge Code of Laws concerning interference with public officers performing their duties , on first reading, order it published , public hearing set for Monday, February 23 , 2015 at 7:00 p.m. in City Council Chambers , and that it take effect fifteen days after final publication." Or, "I move to postpone indefinitely Council Bill No . 06-2015 , an ordinance amending Section 16- 156 of the Wheat Ridge Code of Laws concerning interference with public officers performing their duties , for the following reason(s) " REPORT PREPARED/REVIEWED BY; Carmen Beery, City Attorney's Office Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No . 06-2015 , 2. Staff Report of January 5, 2015 TITLE: CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER------ Council Bill No. 06 Ordinance No. ___ _ Series of 2015 AN ORDINANCE AMENDING SECTION 16-156 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING INTERFERENCE WITH PUBLIC OFFICERS PERFORMING THEIR DUTIES WHEREAS, the City of Wheat Ridge , Colorado (the "City"), is a Colorado home rule municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado Constitution ; and WHEREAS , pursuant to its home rule authority and C.R.S. § 31-15-401 , the City, acting through its City Council (the "Council "), is authorized to adopt rules and regulations prohibiting certain conduct and defining general offenses that harm or pose a threat to the public health , safety or welfare; and WHEREAS, pursuant to such authority, the Council has previously defined and adopted certain general offenses, codified as Chapter 16 of the Wheat Ridge Code of Laws ("Code "), including a prohibition of interfering with public officers in the performance of their duties, codified as Code Section 16-156; and WHEREAS, the Council finds that said Section 16-156 should be amended and updated to reflect the current state of the law concerning investigatory stops and interference with officers. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 16-156 of the Wheat Ridge Code of Laws , concerning interference with public officers when discharging their duties, is hereby amended as follows: Sec. 16-156. Same-When in discharge of duties. (a) It is unlawful for any person to use and/or to threaten to use violence , force, or physical interference , or any obstacle for the purpose of knowingly obstructing, impairing, hindering or attempting to prevent the investigation of any incident, the enforcement of any penal code, or the preservation of the peace by a police officer or a peace officer acting under color of ffi& official authority, and/or any canine utilized by any police officer in the discharge of such authorized official law enforcement duties, or knowingly to obstruct, impair, hinder or attempt to prevent the prevention , control or abatement of fire by a fireman FIREFIGHTER acting under color of ffis official authority. (b) It is unlavfful for any person to threaten violence, reprisal or any other injurious act to any police officer, peace officer, fireman, city employee or other public official who is engaged in the performance or attempted performance of his official duties, or to make such a threat by reason of such officer's performance or attempted performance of his official duties. Attachment 1 f6) It is unlawful for a person knowingly to give false information or a false name or a false address to a police officer or a peace officer acting under color of official authority with the purpose of implicating another or with the intent to hide one's own real name , address or age . (C a) It is unlawful for a person WHO HAS BEEN STOPPED BY A POLICE OFFICER OR PEACE OFFICER ACTING UNDER COLOR OF OFFICIAL AUTHORITY, UPON REASONABLE SUSPICION THAT THE PERSON IS COMMITIING , HAS COMMITTED OR IS ABOUT TO COMMIT A CRIME , TO knowingly te refuse to reveal his correct name, address or date of birth when requested to do so by SUCH a police officer or a poaco officer acting under color of official authority. Section 2. Safety Clause. The City Council hereby finds , determines , and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge , that it is promulgated for the health , safety , and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare . The City Council further determines that the Ordinance bears a rational relation to the proper leg islative object sought to be attained. Section 3. Severability: Conflicting Ordinances Repealed. If any section , subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid , the validity of the remaining sections , subsections and clauses shall not be affected thereby . All other ordinances or parts of ordinances in confl ict with the provisions of this Ordinance are hereby repealed . Section 4. Effective Date . This Ordinance shall take effect fifteen (15) days after final publication , as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to __ _ on this g th day of February, 2015 , 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 February 23 , 2015 , at 7:00 o'clock p.m., in the Council Chambers , 7500 West 29th Avenue , Wheat Ridge , Colorado . READ, ADOPTED AND ORDERED PUBLISHED on second and final read ing by a vote of to , this day of . 2015 . SIGNED by the Mayor on this ___ day of _________ , 2015 . Joyce Jay, Mayor 2 ATTEST: Janelle Shaver, City Clerk First Publication : Second Publication : Wheat Ridge Transcript Effective Date: Approved As To Form Gerald E. Dahl , City Attorney 3 Council Action Form -Arvada Channel IGA February 9, 2015 Page2 project due to funding concerns, but proceeded with the acquisition of the required easement. On April 25 , 2011 , the City Council approved an IGA with RTD to fund the City's local match for the FasTracks Gold Line project. This IGA required the City to construct a portion of a related regional stonn sewer, the Ridge Road Tributary Outfall (RRTO), in the southern portion of the RTD railroad right-of-way from Ward Road to the City boundary east of Simms Place. On May 23 , 2011 , the City Council approved an IGA with the City of Arvada and UDFCD concerning the construction of the RRTO along the Gold Line corridor. This IGA provided funding in the amount of$50,000 for the design of the RRTO. On April 23 , 2012 , City Council approved an amendment to the IGA that provided additional funding in the amount of $700,000 for construction ofthe RRTO. On December 8, 2014 , the City Council approved an IGA with UDFCD and RTD to provide the funding for construction of the project by RTD between Miller and Oak Street. The table in Attachment 2 helps provide a clearer picture of the complex agreements and amendments. FINANCIAL IMPACT: Approval of the Arvada Channel IGA on December 8, 2014 did not require the City to contribute additional funding at that time . This amendment to the agreement will commit a funding amount of $350,000 from the City to complete the construction of this project. Specifically, a budget appropriation in the said amount needs to be added to the Line item titled Arvada Channel in the 2015 CIP budget to complete the action . With the additional contribution of$350,000 by the City, the City 's total contribution for this entire project will be $1.1 M, or less than 15% of the project 's total cost of approximately $9.0 million. BACKGRO UND: The 1994 Columbine Basin Outfall Systems Planning Study (Attachment 3) identified many improvements within the Columbine Basin , which covers the portion of the City north of Interstate 70. UDFCD , in cooperation with the City of Arvada , has constructed the Arvada Channel downstream of Miller Street , with the latest addition being a box culvert, completed at the time of the Target development. Since 2011 , several segments of the RRTO have been constructed in conjunction with the Gold Line construction . In 2008 , UDFCD funding became available for the completion of the Arvada Channel from Miller Street to Oak Street. The 2008 Arvada Channel IGA was entered into by the City with UDFCD to address funding the project, with UDFCD and the City each contributing $325 ,000. In 2009, the project's design engineers detennined that the original design proposed for the open channel would not be feasible due to high ground water. Adequate funding was not available to construct the more expensive box culvert that was needed. As a result , the construction project was postponed indefinitely by the City Council on September 14, 2009. However, the decision was CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO.ll Series of 2015 TITLE: A RESOLUTION AMENDING AN INTERGOVERNMENTAL AGREEMENT WITH THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT AND THE REGIONAL TRANSPORTATION DISTRICT FOR THE CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR THE ARVADA CHANNEL, BETWEEN MILLER AND OAK STREET AND THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $350,000 WHEREAS , the City Council wishes to construct the Arvada Channel; and WHEREAS , the City has negotiated an intergovernmental agreement with the Urban Drainage and Flood Control District and the Regional Transportation District for the local funding of the Project; and WHEREAS, the City agrees to fund its portion of the share in the amount of $350 ,000. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge , Colorado , as follows: Section 1. Intergovernmental Agreement Approved. The amendment to Intergovernmental Agreement between the City and the Urban Drainage and Flood Control District and the Regional Transportation District for construction of the Arvada Channel is hereby approved and the Mayor and City Clerk are authorized and directed to execute the same. Section 2. Budget Amended. The City of Wheat Ridge fiscal year 2015 CIP Budget be amended to transfer an amount of $350 ,000 from General Fund undesignated reserves to line item 30-302-800-834 for the Arvada Channel Improvement. Section 3. Effective Date. This Resolution shall be effective immediately upon adoption. DONE AND RESOLVED this _ _ day of _____ , 2015 . Joyce Jay, Mayor ATTEST : Janelle Shaver , City Clerk Attachment 1 Council Action Form -Arvada Channel IGA February 9, 2 015 Page 3 made to complete the design and finalize the acquisition of the needed easement from the State Land Board. UDFCD acquired the drainage easement across the state property and assigned its interest to the City, which was accepted on April23 , 2012. The project was then closed and UDFCD returned approximately $280,000 to the City from the 2008 Arvada Channel IGA . All of the local agencies along the Gold Line were required to provide a local match for the cost of the construction of the commuter rail line; the City's share was $1.5 million. On April 25 , 2011 , the City Council approved an IGA with RTD in which the City would construct a portion of the RRTO in the southern portion of the RTD railroad right-of-way from Ward Road to the City boundary east of Simms Place to meet its local match. In collaboration with UDFCD and the City of Arvada, the Cities arranged to have UDFCD construct the RRTO from Ward Road to the property northwest of the Medved dealership. The resulting 2011 RRTO IGA , for $50 ,000, and the 2012 amendment, for $700 ,000 , funded the design and construction ofthe RRTO by UDFCD . The total funding in the 2011 RRTO IGA was $3.2 million with UDFCD's and the City of Arvada's contributions. At the completion of the RRTO project, the City had approximately $87,000 remaining in the fund. In order to mitigate the downstream impacts of the Gold Line project, RTD has constructed a large regional stormwater facility on the property northwest of the Medved dealership. In addition , RTD has constructed a storm ~ewer/open channel system from the regional stonnwate.r facility to the west side of Oak Street. To complete the system between Oak and Miller Streets, RTD had planned on constructing a temporary system , consisting of open channels and large culverts . RTD approached the City and UDFCD in January of this year to discuss the possibility of working together to construct the Arvada Channel box culvert instead of the temporary system. Since that time , City staffworked with UDFCD and RTD to finalize the design , using about half of the remaining funds from the RRTO project. The funding included in the 2014 Arvada Channel IGA for the construction of the culvert was as follows; based on funds available and construction costs anticipated at the time: RTD UDFCD City Total $1 ,500 ,000 -funds RTD would have spent on a temporary system $647 ,178 -funds remaining from RRTO and a delayed Lakewood project $48,642 -funds remaining from RRTO $2 ,195 ,820 In early December 2014, RTD received a bid from their on-call contractor for just under $2.5 million . RTD recommended a contingency of 10 %, so the final cost was estimated to be $2.7 million. UDFCD is now able to provide an additional $150,000. The remaining funds , estimated at $350,000, are to be provided by the City. Now that UDFCD's additional funds are available, this amendment to the 2014 Arvada Channel IGA has been prepared. This portion of the Arvada Channel is the last link in this critically important segment of the stormwater system from Ward Road Station to the existing Arvada Channel box culvert at Miller Street. In 2011 , during negotiations with RTD on costs , City staff estimated that the construction of Council Action Form -Arvada Channel IGA February 9, 2015 Page4 this entire system would be $8 million to $9 million. The City's share of the work that has already been completed by UDFCD and RTD , is less than $800,000. Even with the additional contribution of$350,000, the City's total contributions toward the completion ofthe system would be $1 .15 million , which is less than 15% ofthe $8-$9 million estimated in 2011. Based on total project costs , the maximum percent and dollar contribution by each party will be: DISTRICT CITY RTD TOTAL Percentage Share 29.6% 14.8 % 55 .6% 100 .00 % RECOMMENDATIONS: Previously Contributed $647 ,178 $48 ,642 $1 ,500 ,000 $2 ,195 ,820 Additional Contributed $150 ,000 $350 ,000 -0- $500 ,000 Maximum Contribution $797 ,178 $398 ,642 $1 ,500 ,000 $2 ,695 ,820 Staff recommends that the 2014 Arvada Channel lOA be approved as amended. The City Attorney has also reviewed the IGA amendment accordingly. RECOMMENDED MOTION: "I move to approve Resolution No . 11-2015 -a resolution amending an Intergovernmental Agreement with the Urban Drainage and Flood Contro l District and the Regional Transp01tation District for the construction of drainage and flood control improvements for the Arvada Channel , between Miller Street and Oak Street and the approval of a supplemental budget appropriation in the amount of $350 ,000 ." Or: "I move to postpone indefinitely Resolution No . 11-2015 - a resolution amending an Intergovernmental Agreement with the Urban Drainage and Flood Control Di strict and the Regional Transportation District for the construction of drainage and flood control improvements for the Arvada Channel , between Miller Street and Oak Street and the approval of a supplemental budget appropriation in the amount of $350 ,000 for the following reason(s) " REPORT PREPARED/REVIEWED BY: Mark Westberg, Project Supervisor Steve Nguyen , Engineering Manager Scott Brink , Public Works Director Patrick Goff, City Manager ATTACHMENTS: 1. ResolutionNo.l1-2015 2. IGA Information 3. Co lumbine Basin Storm Sewer 4. 2015 Arvada Channel IGA Amendment ,. ... ... At n :s" a CD :1 ... N IGA Information IGA Date Parties Scope 2008 Arvada Channel IGA 4/14/2008 City, UDFCD Arvada Channel -Oak to Miller Street 2009 Arvada Channel Amendment 9/14/2009 City, UDFCD Arvada Channel -Oak to Miller Street 2011 Gold Line IGA 4/25/2011 City, RTD Gold Line Local Match * 2011 RRTO IGA 5/23/2011 City, Arvada , UDFCD Ridge Road Tributary Outfall -Design 2012 RRTO Amendment 4/23/2012 City, Arvada , UDFCD Ridge Road Tributary Outfall -Construction 2014 Arvada Channel IGA 12/8/2014 City, UDFCD , RTD Arvada Channel -Oak to Miller Street 2015 Arvada Channel Amendment Pending City, UDFCD, RTD Arvada Channel -Oak to Miller Street Total Funding *The required local match of $1.5 million was met by the construction of the RRTO . City Funding $ 325,000 $ (280,000) $ $ 50,000 $ 700,000 $ $ 350,000 $ 1,145,000 Columbine Basin Storm Sewer Attachment 1 Attachment 3 AMENDMENT TO AGREEMENT REGARDING CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR ARVADA CHANNEL (MILLER STREET TO OAK STREET) CITY OF WHEAT RIDGE Agreement No. 14-08.04A THIS AGREEMENT, made this day of , 2015 , by and between URBAN DRAINAGE AND FLOOD CONTROL DIST RICT (hereinafter called "D ISTRICT"), CITY OF WHEAT RIDGE (hereinafter called "C ITY), and REGIONAL TRANSPORTATION DISTRICT (hereinafter called "RTD") and collectively known as "PARTIES"; WITNESSETH: WHEREAS , PARTIES have entered into "Agreement Construction of Drainage and Flood Control Improvements for Arvada Channel (Miller Street to Oak Street" (Agreement No. 14-08.04) dated December 11 , 20 14; and WHEREAS , PARTIES now desire to construct drainage and flood control improvements along Arvada Channel (Miller Street to Oak Street); and WHEREAS , PARTIES desire to increase the leve l of funding by $500 ,000 ; and WHEREAS , DISTRICT's Board of Directors has authorized additiona l DISTRJCT financial participation for PROJECT (Resolution No. 71 , Series of2014); and WHEREAS , the City Council of CITY, the Board of Directors of RTD , and the Board of Directors of DISTRICT have authorized , by appropriation or resolution , all of PROJECT costs of the respective PARTIES . NOW, THEREFORE, in consideration of the mutual promises contained herein , PARTIES hereto agree as follows: I. Paragraph 4. PROJECT COSTS AND ALLOCATION OF COSTS is deleted and replaced as follows: 4. PROJECT COSTS AND ALLOCATION OF COSTS A. PARTIES agree that for the purposes of this Agreement PROJECT costs shall consist of and be limited to the following: 1. Construction of improvements; 2. Contingencies mutually agreeable to PARTIES. B. It is understood that PROJECT costs as defined above are not to exceed $2,695 ,820 without amendment to this Agreement. \dcm\ag nnnt\ 14\ 140804 A PROJECT costs for the various elements of the effort are estimated as follows: I. 2. ITEM AS AMENDED Construction* Contingency (7.6%) Grand Total Attachment 4 I $2 ,506,200 189 ,620 $2,695 ,820 ORIGINAL $1 ,996 ,200 199,620 $2 ,195 ,820 * It is anticipated that additional monies may be added in future years by amendment. This breakdown of costs is for estimating purposes only. Costs may vary between the various elements of the effort without amendment to this Agreement provided the total expenditures do not exceed the maximum contribution by all PART IES plus accrued interest. C. Based on total PROJECT costs , the maximum percent and dollar contribution by each party shall be: Percentage Previously Additional Maximum Share Contributed Contribution Contribution DISTRICT 29.6% $ 647 ,178 $150,000 $ 797 ,178 CITY 14.8% $ 48 ,642 $350,000 $ 398,642 RTD 55.6% $1 ,500 ,000 -0-$1,500,000 TOTAL 100.00% $2 ,195 ,820 $500 ,000 $2 ,695 ,820 The percentages listed above are for reference only, and do not provide any basis for how additional funding will be provided. RTD's maximum contribution for PROJECT shall not exceed $1 ,500 ,000 . 2. Paragraph 5. MANAGEMENT OF FINANCES is deleted and replaced as follows: 5. MANAGEMENT OF FINANCES As set forth in DISTRICT policy (Resolution No. I I, Series of 1973 , Resolution No. 49 , Series of 1977 , and Resolution No . 37 , Series of2009), the funding of a local body's share may come from its own revenue sources or from funds received from state, federal or other sources of funding without limitation and without prior Board approval. The payments by CITY and DISTRICT shall be held by DISTRICT in a special fund to pay for increments of PROJECT as authorized by PARTIES , and as defined herein. DISTRICT shall provide a periodic accounting of PROJECT funds as well as a periodic notification to CITY of any unpaid obligations. Any interest earned by the monies contributed by CITY and DISTRICT shall be accrued to the special fund established by DISTRICT for PROJECT and such interest shall be used only for PROJECT upon approval by the contracting officers (Paragraph 13). DISTRICT shall provide CITY and DISTRICT contributions to RTD within 30 days of RTD giving Notice to Proceed to PROJECT contractor. Execution of a Work Order shall qualify as Notice to Proceed. Within one year of completion of PROJECT if there are monies including interest earned remaining which are not committed , obligated , or disbursed , CITY and DISTRICT shall receive a share of such monies , which shares shall be computed as were the original shares; or, at CITY request, CITY share of remaining monies shall be transferred to another special fund held by DISTRICT. \dcm\agrmnt \ 14\ 14 0804A 2 3. All other terms and conditions of Agreement No. 14-08.04 shall remain in full force and effect. WH EREFORE, PARTIES hereto have caused this instrument to be executed by properly authorized signatories as of the date and year first above written. (SEAL) ATTEST: (SEAL) ATTEST: APPROVED AS TO FORM : CITY Attorney APPROVED AS TO FORM: RTD Associate General Counsel \dcm \agnn nt\14\ 140804A 3 URBAN DRAINAGE AND FLOOD CONTROL DISTRICT By ________________________ __ Title Executive Director Date ____________ _ CITY OF WHEAT RIDGE By _______________________ __ Title. ____________ _ Date. ____________ _ REGIONAL TRANSPORTATION DISTRICT By ________________________ _ Title General Manager Date ____________ _ Council Action Form February 9, 2015 Page 2 Community Development Advisory Committee-City Director Ken Johnstone (or designated staff member), with Council Member Tim Fitzgerald as alternate Jefferson Economic Council Member-Council Member Bud Starker Jefferson County Transportation Action and Advocacy Group-Council Member George Pond Police Seizure Fund-Council Member Jerry DiTullio West Chamber-Council Member Kristi Davis with Council Member Jerry DiTullio as the alternate Applewood Business Association Jefferson County School Liaison-Council Member Genevieve Wooden RECOMMENDED MOTIONS: "I move to appoint Council Member Bud Starker to the Colorado Municipal League, Policy Committee Member, with Council Member Zachary Urban appointed as alternate. I move to appoint Mayor Joyce Jay to DRCOG , Council Representative , with Council Member George Pond as alternate. I move to appoint Director Ken Johnstone (or designated staff member) to the Community Development Advisory Committee with Council Member Tim Fitzgerald as alternate. I move to appoint Council Member Bud Starker to Jefferson Economic Council. I move to appoint Council Member George Pond to the Jefferson County Transportation Action and Advocacy Group. I move to appoint Council Member Jerry DiTullio to the Police Seizure Fund. I move to appoint Council Member Kristi Davis to the West Chamber with Council Member Jerry DiTullio as the alternate. I move to appoint Council Member Genevieve Wooden as the Jefferson County School Liaison. Or Council Action Form February 9, 2015 Page 3 "I move to deny the appointment of ____________ for the following reason(s) _________________ " REPORT PREPARED BY: Janice Smothers, Administrative Assistant to the Mayor and City Council Patrick Goff, City Manager ATTACHMENT: 1. Special Committees/Council Appointments List effective February 9, 2015 SPECIAL COMMITTEES/COUNCIL APPOINTMENTS CITY OF WHEAT RIDGE UPDATED February 9, 2015 BOARDS AND COMMISSIONS AUTHORIZED BY SECTION 2-15 THROUGH 2-26 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE POLICE PENSION FUND BOARD OF TRUSTEES Joyce Jay Mayor 303-235-2800 Janelle Shaver City Clerk 303-235-2823 Larry Schulz Treasurer 303-235-281 0 COLORADO MUNICIPAL LEAGUE (CML) William "Bud" Starker I Council Member I Zachary Urban l Council Member Alternate I DR COG Joyce Jay Mayor George Pond Council Member Alternate JEFFERSON COUNTY COMMUNITY CORRECTIONS BOARD I Janelle Shaver I City Clerk COMMUNITY DEVELOPMENT ADVISORY COMMITTEE Ken Johnstone City Director Tim Fitzgerald Alternate JEFFERSON ECONOMIC COUNCIL I William "Bud" Starker I Council Member JEFFCO TRANSPORTATION ACTION AND ADVOCACY GROUP I George Pond I Council Member POLICE SEIZURE FUND I Jerry DiTullio I Council Member HOUSING AUTHORITY I Tracy Langworthy I Council Member Attachment 1 RENEWAL WHEAT RIDGE . I Kristi Davis I Council Member WEST CHAMBER Kristi Davis Council Member I Jerry DiTullio Alternate J APPLEWOOD BUSINESS ASSOCIATION JEFFERSON COUNTY SCHOOL LIAISON I Genevieve Wooden I Council Member WHEAT RIDGE BUSINESS DISTRICT Joyce Jay Mayor 11/2017 Tim Fitzgerald Council Member 11/2017 Janeece Hoppe Council Appointed 03/2018