Loading...
HomeMy WebLinkAboutCity Council Agenda Packet 10/27/20146:45pm -Pre-Meeting CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING October 27, 2014 7:00p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Administrative SeNices Director, at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF October 13,2014 PROCLAMATIONS AND CEREMONIES Five Fridge Farms CITIZENS' RIGHT TO SPEAK a . Citizens, who wish , may speak on any matter not on the Agenda for a maximum of 3 Minutes and sign the Public Comment Roster . b . Citizens who wish to speak on Agenda Items , please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be heard . APPROVAL OF AGENDA PUBLIC HEARINGS AND ORDINANCES ON SECOND READING ~ Council Bill14-2014 -Imposing a Temporary Moratorium on the submission , acceptance , processing , and approval of applications and requests for a permit , license , land use approval or other approval for any Medical Marijuana Establishment or Retail Marijuana Establishment 2. Resolution No. 55-2014-Determining that the parcel commonly referred to as a strip of land adjacent to 12525 W. 32"d Ave. is blighted as that term is defined at C .R.S. § 31-25-105.5(5)(a), and authorizing the Wheat Ridge Urban Renewal Authority to use Eminent Domain to acquire the parcel and to subsequently transfer it to a private party CITY COUNCIL AGENDA: October 27 , 2014 Page -2- ORDINANCES ON FIRST READING ~ Council Bill No . 15-2014-approving the rezoning of property located at 6904-6940 W . 481h Avenue from Residential-Three (R-3) to Planned Residential Development (PRO) (Case No . WZ-14-05/Somerset) DECISIONS, RESOLUTIONS AND MOTIONS 4 . Resolution 56-2014-concerning the acquisition of private property for the purpose of constructing , installing , maintaining and using Public Improvements for the Tabor Street Multi -Modal Improvements by either negotiation and voluntary purchase or, if necessary, through the utilization of the C ity's power of Eminent Domain , and authoriz i ng such act ion as necessary to accomplish said purposes ~ Motion to approve payment of the Sales Tax Increment for September of Fiscal Year 2014 from the Town Center Project in the amount of $75 ,170 .52 to Renewal Wheat Ridge 6 . Motion to cancel the Regular Meetings of the Wheat Ridge C ity Council on November 24 and December 22 , 2014 , due to the Thanksgiving and Christmas Holidays CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING October 13. 2014 Mayor Jay called the Regular City Council Meeting to order at 7:00 p.m . PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ROLL CALL OF MEMBERS Jerry DiTullio Kristi Davis Bud Starker Tracy Langworthy Zachary Urban Genevieve Wooden George Pond Tim Fitzgerald Also present: City Clerk, Janelle Shaver; City Attorney, Gerald Dahl; City Manager, Patrick Goff; Community Development Director, Ken Johnstone; other staff, guests and interested citizens. APPROVAL OF MINUTES OF September 22. 2014 Councilmember Starker offered a revision to the correction of the September 8 minutes. The motion was made by Councilmember DiTullio and seconded by Councilmember Starker. Clerk Shaver said she will change it. Motion by Councilmember Davis to approve the Minutes of September 22 as corrected; seconded by Councilmember Fitzgerald; Councilmember DiTullio asked that the same motion should reference Consolidated Mutual Water not Denver Water. Clerk Shaver said she will change it. Motion carried 8-0. PROCLAMATIONS AND CEREMONIES RECOGNITION OF MIKA YLA BROWN Mikayla Brown was recognized for her efforts on May 2, 2014 at the corner of 32"d & Kipling following a fatal car collision that occurred at about 8:45 p.m . Mikayla, a 17 year old student who is training to become a firefighter, witnessed the accident where 18 year old Jordan Sprouts' car was hit by a driver running a red light and later determined to be intoxicated and driving recklessly at high rates of speed. Mikayla immediately checked for injuries and began rendering first aid to Jordan. When Wheat Ridge Officer City Council Minutes October 13 , 2014 Page 2 Shaw arrived on the scene he observed evidence of Mikayla's training and technical skills . Mikayla reported on the status of the victim and assisted Officer Shaw in administering CPR. Unfortunately Jordan's injuries were too severe and he later died at the hospital. On behalf of WRPD, Wheat Ridge Fire , Arvada Fire and Rural Metro Pridemark , Mayor Jay presented Mikayla with a plaque in recognition and appreciation for her quick response, extreme initiative and willingness to use her emergency medical skills in a brave attempt to save a life . Mikayla thanked everyone for the recognition. She said she was just doing what fire fighters are supposed to do. Chief Brennan noted the large scale of this tragic and traumatic event and thanked the responding organizations as well as Mikayla , an ordinary citizen that steps up and helps out with public safety when we need their assistance . CITIZENS' RIGHT TO SPEAK Sherri Carter from Vivian Elementary spoke about her school. It is a small school in Lakewood , but serves Wheat Ridge students . It has 5 Special Ed labs , including labs for the deaf and kids with social and emotional needs . They educate the whole child and teach soc ial skil ls . They have a musical they perform in sign language . Randy Ketelsen of Ketelsen Campers related that his business is experiencing recurring break-ins . He's had excellent support from WRPD , but it is a bad problem . Units left for repair are robbed, with losses to over $100 ,000 . He wants to put in an electric security system and he'd like approval from the City . Michael Pate (Columbia , SC) has been hired to protect Ketelsen Campers by installing an electric fence that will set off an alarm . He 's getting push back from City staff, the Pol ice Ch ief, and the school district. They 'd like a 10 foot fence , but have acquiesced to 9 feet. The school district doesn 't want it there . He said Mr. Ketelsen needs to be issued a permit so he can protect his property . They are asking Council to direct staff to issue a permit. Ken Johnstone responded. He said the fence is a potential health hazard , and that the applicant is unwilling to observe setback and he ight requirements. The school has concerns about health and safety issues . The Police Chief has determined the fence is unsafe . The applicant has amended the application , but staff hasn 't received a second round of comments from the District. Chief Brennan spoke about the School District's concerns . Jennifer Yates spoke to the property at 38th & Miller for a marijuana establishment. She quoted from the pre-app meeting between the property owner and City staff. She said since the moratorium was put i n place work has stopped at the property. -She City Council Minutes October 13, 2014 Page 3 also commented on flaws that she sees in the Special Use Permit process-including that it doesn't notify enough homes. Mr. Goff noted that staff does meet with property owners . There is no application that has been submitted for this property. Mary Fedje (WR) addressed some things that were said at the marijuana study session. Medical marijuana is not the issue; it's the commercialization. She spoke strongly against the dealers and marijuana candy. She noted the Council people didn't come to the marijuana meeting . She believes this marijuana issue is a tiger that needs to be caged right now. John Clark (WR) commented on what a good teacher Sherri Carter is and noted his business uses the Electric Guard Dog that Mr. Ketelsen wants. It's a good product. - Regarding ballot issue 2A, he noted there is no formal opposition to it so he wonders why so much money is being spent on it. He's gotten an expensive mailer w/ Councilmembers pictures. Who is supporting this and why? WR2020? The marijuana industry? Big developers? Where is the money coming from? Leah Dozeman (WR) spoke in opposition to Ballot Issue 2B and asked why, in 10 years of planning with 6 seated Councils, there has been no discussion of a funding source for the $9 .3M price tag . She posed how far that money would go citywide to make our sidewalks ADA compliant. 2B only serves a few and she encouraged a "no" vote . Vicky Ottoson (WR) spoke in opposition to Ballot Issue 2B --speaking on behalf of small businesses and home owners who live in the area of 38th Avenue (Upham to Marshall) who feel their concerns have been ignored. Monica Duran (WR) spoke in opposition to 2B . Citizens for an Inclusive Wheat Ridge feel their voices have been missing from the planning process from the beginning and they've been powerless to have any influence on the plan that resulted in 2B. Even now anyone who raises questions is put down. CIWR feels the issue should be defeated so a plan can be designed that isn't so contentious . Rachel Hultin (WR) spoke in support of 2B that she sees as a plan for positive change that is permanent and benefits everyone. She listed 4 new dining places on 38th since the road diet went in, and said it will attract more dining and retail to our community . It will create a pedestrian friendly corridor for all to enjoy -includ i ng the 40% of us who don 't drive . The plan doesn 't reflect the input of everyone involved, but it absolutely reflects the thoughts of our neighbors and business/property owners . It has been vetted by people who have long term interest in our community. What other people think is arm-chair planning that hasn 't been vetted properly. A "no " on 2B means nothing happens, so people should vote "yes " on 2B . Eric Wilson (WR) spoke in favor of 2B . He wants change on key commercial corridors and he sees this as a place to start. It will bring dining and retail and development that City Council Minutes October 13 , 2014 Page4 supports existing businesses . It helps us be a bike/pedestrian/auto friendly city . He wants all stakeholders to have a say in creating a plan that enjoys the full support of the community . The process has happened ; we should move forward to make our city better. Becky Grant (WR) doesn 't oppose the use of marijuana for those who need it for medical reasons or (until state law is changed) for those who choose to smoke. Her concern is there hasn 't been enough testing . She displayed and read old ads that touted the safety and benefits of cigarette smoking. We all know the negative effects smoking has had on our health care system , our economy and hundreds of thousands of families . She shudders to think what we 'll be finding out in 10 years about the impact of habitual marijuana use. Veronica McDonough (WR) spoke against marijuana -referencing the award ceremony earlier for someone who tried to help save the life of a person who was hit by an intoxicated driver. She gave statistics about the considerable number of accident and trauma patients who are there because of marijuana . She doesn 't think all the money it brings in is worth it. It's not worth it to put our society at risk. Patricia Lazzari (WR) spoke against marijuana. She related her experience growing up near Haight-Asbury in the 1960 's . Today's marijuana is 4 -5 stronger than it was in the 1960 's. It 's dangerous and addict ive . She asked Council to cons ider the facts . APPROVAL OF THE AGENDA 1. Consent Agenda a. Resolution 53-2014-amending the Fiscal Year 2014 Police Investigation Fund Budget to reflect the approval of a Supplemental Budget Appropriation in the amount of $8 ,800 for the purposes of purchasing Document Management Software [Funding will come from the Police Seizure Fund; no impact to the General Fund] b. Motion to approve payment to ESRI Inc . in the amount of $38 ,000 for the Annual License Renewal for the Graphica l Information Systems (GIS) [All- inclusive for licensing, tech support, software upgrades and implementation] Councilmember DiTullio introduced the Consent Agenda. Motion by Councilmember DiTullio to approve the Consent Agenda Items 1 a and 1 b; seconded by Councilmember Starker; carried 8-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING City Council Minutes October 13, 2014 Page 5 2. Council Bill 12-2014-Approving the rezoning of property located at 4360 Gray Street from Neighborhood Commercial (NC) to Mixed Use-Neighborhood (MU-N) (Case No. WZ-14-07/Germano) Councilmember Urban introduces Item 2. The property is 0.19 acres. The purpose of the rezoning is to increase the allowed uses including the option of converting the existing structure back to residential occupancy. The Planning Commission recommends approval. Mayor Jay opened the public hearing. An ordinance number was not available. Mayor Jay swore in Mr. Johnstone. Mr. Johnstone indicated briefly it was a pretty straightforward case and there was no staff presentation. There were no questions from the Council. The applicant did not speak. Mayor Jay closed the public hearing. Motion by Councilmember Urban to approve Council Bill No. 12-2014 an ordinance approving the rezoning of property located at 4360 Gray Street from Neighborhood Commercial (NC) to Mixed Use-Neighborhood (MU-N) on second reading and that ot tale effect 15 days after final publication, for the following reasons: 1. City Council has conducted a proper public hearing meeting all the public notice requirements as required by Section 26-109 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 26-112 .E of the Code of laws. Seconded by Councilmember Davis; carried 8-0 3. Council Bill 13-2014-adopting by reference the 2012 Editions of the International Building Code, the International Mechanical Code, the International Plumbing Code, the International Property Maintenance Code, the International Energy Conservation Code, the International Residential Code, the International Fire Code and the International Fuel Gas Code; the 2014 Edition of the National Electrical Code; and the 2015 National Fire Protection Association 99 Standard for Health Care Facilities; adopting certain amendments to such codes; providing penalties for violations of the same; and amending Chapter 5 of the Wheat Ridge Code of Laws accordingly City Council Minutes October 13, 2014 Page6 Councilmember Starker introduced Item 3. This action will adopt all the most recent versions of the various codes listed. Staff Presentation John Schumacher, Chief Building Inspector, listed some of the changes to the codes and the various local amendments that Council had requested at First Reading including: • The inclusion of fines in the appeal process • Reducing the number of plan sets to be submitted with an application from 3 to 2, • Reducing the occupant load from 250 to 125 for determining separate sex bathrooms, • Clarifying the 7 -foot, above-roof plumbing vents only apply to occupiable roofs, • Prohibition of combustible solvent-based marijuana extraction Mayor Jay opened the public hearing and declared the previous staff testimony as part of the record . Public Comment Dorothy Archer (WR) asked how these changes affect current businesses in Wheat Ridge and proposed new businesses on 381h Avenue . Staff said the changes apply to new construction and remodeling . Many recent applicants have already asked if they can submit plans based on the new Codes . They will go into effect in January, 2015 . Motion by Councilmember Starker to approve Council Bill No. 13-2014, order it published and that it shall become effective fifteen (15) days after final publication , with the following amendments as presented : • Add a new Section 17 addressing marijuana establishments • Amend Section 107 .1 of the Building Code • Amend Section 106 .3.1 of the Mechanical Code, • Amend Section C 103 .1 of the Energy Conservation Code , • Amend Section R106.1 of the Residential Code for One and Two Family Dwellings, • Amend Section 507 .5 .1 of the International Fire Code Amend Section 1 of the Ordinance to provide amendments to the 2012 International Building Code regarding High-hazard Group H-3 and Extraction of hash oil; seconded Councilmember DiTullio. Discussion followed. Motion carried 8-0 . City Council Minutes October 13, 2014 Page 7 4. Resolution No. 54-2014-establishing a Street Width for Tabor Street from 49th Ave . to Ridge Road Councilmember Wooden introduced Item 4. Mayor Jay opened the public hearing. Mayor Jay swore in Scott Brink to testify. Mr. Brink gave the staff presentation. The project widens and improves Tabor Street from 49th Avenue to Ridge Road to provide local access to the Gold LineNVard Station. The road will be widened from 25-34 feet to 41 feet to include two ten foot travel lanes, an eleven foot center turn lane, and five foot wide bike paths on each side. -Council has already approved the funding of property acquisition for rights-of-way and the hiring of a consultant to accomplish that. -A neighborhood meeting was held. -The City has already agreed to the federal funding of $740,000 via DRCOG and RTD . - Mayor Jay swore in Mark Westberg . He answered a question for Mr. Starker. Motion by Councilmember Wooden to approve Resolution No. 54-2014 a resolution establishing a street width for Tabor Street from 49th Avenue to Ridge Road in accordance with attachment 2 ; seconded by Councilmember Langworthy. Mayor Jay closed the public hearing . Motion carried 8-0. ORDINANCES ON FIRST READING 5 . Council Bill No . 14-2014-imposing a Temporary Moratorium of the submission , acceptance , processing and approval of applications and requests for a Permit, License, Land Use approval or other approval for any Medical Marijuana Establishment or Retail Marijuana Establishment Councilmember Wooden Councilmember Wooden introduced Item 5. Motion by Councilmember Wooden to approve Council Bill No . 14-2014 on first reading , order it published, public hearing set for Monday, October 22 , 2014 , at 7:00 p.m . in City Council Chambers , and that it take effect fifteen (15) days after final publications; seconded by Councilmember Langworthy. Motion by Councilmember DiTullio to amend Section 3 (Duration) of the moratorium to have the moratorium commence on Nov 17, 2014 and expire upon further formal action by the Council ; seconded by Councilmember Urban. Discussion followed. Motion failed 2-6 , with Councilmembers Wooden , Langworthy , Davis , Pond , Fitzgerald , and Starker voting n.o . City Council Minutes October 13, 2014 Page 8 Motion by Councilmember DiTullio to amend the length of the moratorium to 120 days; seconded by Councilmember Urban . Discussion followed. The amendment carried 5-3, with Councilmembers Wooden, Fitzgerald and Pond voting no. The main motion as amended carried 8-0. DECISIONS, RESOLUTIONS AND MOTIONS 6. Motion to accept Kipling Street Right-of-Way and Temporary Construction Easements from adjacent Property Owners along Project Segment Councilmember Langworthy introduced Item 6 . To date, all necessary rights-of-way and easements have been acquired for the Kipling Trail with the exception of three properties. These remaining parcels will be brought to Council for formal acceptance at a later date. Motion by Councilmember Langworthy to accept the Kipling Street right-of-way and temporary construction easements from adjacent property owners along the project segment; seconded by Councilmember Fitzgerald; carried 8-0 7. Motion to accept Kipling Street and 491h Avenue Right-of Way along Natural Grocers Frontage Councilmember Langworthy introduced Item 7. Due to improvements proposed for the Kipling Street and West 491h Avenue intersection associated with the Natural Grocers development, additional right-of-way is needed along both frontages of the parcel at the northeast corner of the intersection. This will allow the improvements to lie within the public right-of-way and be maintained by the City. Motion by Councilmember Langworthy to approve the right-of-way dedication as described in the attached Deed and Legal Description; seconded by Councilmember Wooden; carried 8-0. CITY MANAGER'S MATTERS Mr. Goff announced the Optimist Pancake Supper this Thursday, from 5-8pm at WRHS. Proceeds from the event go to serve the youth in our community. City Council Minutes October 13, 2014 Page 9 CITY ATTORNEY'S MATTERS ELECTED OFFICIALS MATTERS George Pond thanked the people who came in to speak about marijuana, Genevieve Wooden for her passion about marijuana and his partner in District 3, Councilmember Fitzgerald. They have work ahead of them. He distributed a motion regarding various marijuana business regulations, which contained a list of ten specific policy actions he 's recommending for an ordinance . Motion by Councilmember Pond directing staff and the city attorney to draft an ordinance affecting the code of laws consisting of ten itemized policy actions; seconded by Councilmember Fitzgerald. Discussion followed. Motion by Councilmember Starker to amend the motion and have staff explore the issues, but not draft an ordinance; seconded by Councilmember DiTullio; carried 8-0 Councilmember Pond's original motion, as amended, carried 8-0 Tracy Langworthy reminded the board and commission members of the dinner this Wednesday night. Kristi Davis thanks the folks who came out to speak . The dialogue is important. Zach Urban offered a huge thanks to all the volunteers on the Boards and Commissions for all the time and effort they spend to make the City a great place to be. Bud Starker hopes everyone will take the opportunity to vote in the upcoming election. It is the greatest right we have and it is the way you influence public policy. Jerry DiTullio reminded everyone their ballots will be mailed out this week. Clerk Janelle Shaver noted that ballots will be mailed out from Tuesday (tomorrow) through Friday. If you don't get a ballot by sometime next week call the County to find out how to remedy that. -She informed everyone that City Hall will be a polling place on Election Day complete with on-site registration and the ability to vote . -She reminded everyone that political signs are not allowed in the public right-of-way. Additionally the size limit for signs is 8 sq feet on residential property and 16 sq feet on commercial property. -She encouraged Board and Commission members to RSVP for the dinner if they haven't yet done that. City Council Minutes October 13, 2014 Page 10 ADJOURNMENT The City Council Meeting adjourned at 9 :06pm. Janelle Shaver, City Clerk APPROVED BY CITY COUNCIL ON October __ , 2014 . Kristi Davis, Mayor pro tern The preceding Minutes were prepared according to §47 of Robert's Rules of Order, i.e . they contain a record of what was done at the meeting, not what was said by the members . Recordings and DVD 's of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions. ~ ~ ~, .. ~ ., City of • ?WheatRi_dge ITEMNO:_L_ DATE: October 27 ,2014 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 14-2014 -AN ORDINANCE IMPOSING A TEMPORARY MORATORIUM ON THE SUBMISSION, ACCEPTANCE, PROCESSING, AND APPROVAL OF APPLICATIONS AND REQUESTS FOR A PERMIT, LICENSE, LAND USE APPROVAL OR OTHER APPROVAL FOR ANY MEDICAL MARIJUANA ESTABLISHMENT OR RETAIL MARIJUANA ESTABLISHMENT [8J PUBLIC HEARING 0 BIDS/MOTIONS 0 RESOLUTIONS City Attorney ISSUE: 0 ORDINANCES FOR 1sT READING (10/13 /2014) [8J ORDINANCES FOR 2ND READING (10/27/2014) n YES A temporary moratorium on the submission , acceptance , processing and approval of applications related to marijuana businesses (both medical and retail) is currently in place in the City. The current moratorium was adopted to maintain the status quo of current marijuana-related businesses within the City while the City Council reviews , evaluates and amends , if desired , the City 's regulations concerning marijuana-related businesses. The City Council is in the midst of conducting this review and evaluation , which is unlikely to conclude prior to the expiration of the current moratorium on November 17 , 2014. This ordinance adopts a one hundred and twenty (120) day moratorium that commences simultaneously with the expiration of the current moratorium. PRIOR ACTION: On first reading , Council Bill No. 14-2014 was amended to increase the moratorium from ninety (90) days to one hundred and twenty (120) days. CAF-Marijuana Business Moratorium October 27 , 2014 Page 2 FINANCIAL IMPACT: The loss of license, permit, application and similar fees associated with marijuana-related businesses seeking approvals from the City is likely nominal. The potential loss of marijuana- related business revenue to the City as a result of such businesses locating elsewhere, in the fonn of sales taxes and the City's share of excise tax, is unknown. BACKGROUND: In 2011 and 2013 , respectively, the City Council adopted local regulations goveming medical marijuana businesses and retail marijuana businesses. Each set of regulations requires such businesses to obtain a local license to operate, in addition to the state license required by state law , and imposes limitations on where such businesses may locate within the City. As a result of recent expressed interest in locating marijuana-related businesses in permissible locations, City residents have expressed concem over the appropriateness of the current location restrictions. Having now had a few years of experience in the regulation of marijuana-related businesses, the City Council determined that it was also appropriate and necessary to evaluate the existing marijuana regulations generally. The review and evaluation process is time- consuming, from staff time to research and prepare materials to the Council 's time in conducting meetings , often with extensive public comment. This ordinance extends the moratorium for an additional 120 days to permit the Council adequate time to thoughtfully complete its review , evaluation and amendment , if deemed necessary, of the City's existing marijuana regulations . RECOMMENDED MOTIONS: "I move to approve Council Bill No. 14-2014, an ordinance imposing a temporary moratorium on the submission , acceptance, processing, and approval of applications and requests for a penn it , license, land use approval or other approval for any medical marijuana establishment or retail marijuana establishment on second reading, and that it take effect 15 days after final publication." Or, "I move to postpone indefinitely Council Bill No. 14-20 14 ,_an ordinance imposing a temporary moratorium on the submission , acceptance, processing, and approval of applications and requests for a permit, license, land use approval or other approval for any medical marijuana establishment or retail marijuana establishment for the following reason(s) ______ _ " REPORT PREPARED AND REVIEWED BY; Carmen Beery, City Attomey's Office Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No . 14-2014 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER WOODEN Council Bill No. 14 Ordinance No. __ _ Series 2014 TITLE: AN ORDINANCE IMPOSING A TEMPORARY MORATORIUM ON THE SUBMISSION, ACCEPTANCE, PROCESSING, AND APPROVAL OF APPLICATIONS AND REQUESTS FOR A PERMIT, LICENSE, LAND USE APPROVAL OR OTHER APPROVAL FOR ANY MEDICAL MARIJUANA ESTABLISHMENT OR RETAIL MARIJUANA ESTABLISHMENT WHEREAS, the City of Wheat Ridge ("City") is a home rule municipality operating under a charter adopted pursuant to Article XX of the Colorado Constitution and vested with the authority by that article and the Colorado Revised Statutes to adopt ordinances for the regulation of land use and the protection of the public health, safety and welfare; and WHEREAS, pursuant to the authority granted by Section 14, Article XVIII of the Colorado Constitution and the Colorado Medical Marijuana Code, Article 43.3, Title 12, C.R.S., the Wheat Ridge City Council ("Council") previously adopted local regulations governing medical marijuana establishments; and WHEREAS, pursuant to the authority granted by Section 16, Article XVIII of the Colorado Constitution and the Colorado Retail Marijuana Code, Article 43.4, Title 12, C.R.S., the Council previously adopted local regulations governing retail marijuana establishments; and WHEREAS, by City of Wheat Ridge Ordinance No. 1554, on August 18, 2014, the Council adopted a temporary moratorium on certain City approvals necessary to establish and operate marijuana establishments in the City for the purposes of permitting the Council to study and evaluate existing local regulations; and WHEREAS, for the reasons stated in said Ordinance No. 1554, which Council finds to continue to exist as of the effective date of this Ordinance, the Council desires to impose an additional moratorium on City approvals related to marijuana businesses, as further set forth herein, to commence upon the expiration of the moratorium imposed by Ordinance No. 1554 and expire one hundred and twenty-one (121) days thereafter; and WHEREAS, the imposition of an additional one hundred and twenty (120) day moratorium on the submission, acceptance, processing, and approval of all applications and requests for a City permit, license, land use approval or other approval is reasonable in time and scope and would not work an unnecessary hardship upon or unreasonably prejudice any party. Attachment 1 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Findings. The above and foregoing findings are hereby incorporated by this reference as specific findings and determinations of the Council. Section 2. Temporary Moratorium. A temporary moratorium is hereby imposed on the submission, acceptance, processing, and approval of all applications and requests for a City permit, license, land use approval or other approval for any medical marijuana establishment or retail marijuana establishment, as both terms are defined by Chapter 11 of the Wheat Ridge Code of Laws ("Code"). The City staff is directed to refuse to accept for filing, and not to further process or review any pending applications or requests for such establishments during the moratorium period . Section 3. Duration. The moratorium imposed by this ordinance shall commence on November 17, 2014 and shall expire on the one hundred and twenty-first (121 51 ) day thereafter. Section 4. Exemption for Pending Applications. This ordinance shall not apply to the processing and final action by the City upon any application for a City land use approval, permit or license for any medical marijuana establishment or retail marijuana establishment , which application was received by the City prior to 5:00 p.m. on August 18, 2014. Such applications shall be processed and acted upon pursuant to the City regulations in effect on the date of their respective submittals. Section 5. Staff to Investigate and Prepare Proposed Regulations . Before the expiration of the moratorium imposed by this ordinance, City staff shall continue to review and analyze the City's existing regulations governing medical marijuana establishments and retail marijuana establishments, as directed by the Council, and present any proposed amendments thereto to the Council. The Council declares that it will give due and timely consideration to any such recommended changes to the Code. Section 6. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter . INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 13th day of October, 2014, 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 October 27 , 2014, 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 , 2014. SIGNED by the Mayor on this ___ day of _________ , 2014. Joyce Jay, Mayor 2 ATTEST: Janelle Shaver, City Clerk First Publication: October 16, 2014 Second Publication: Wheat Ridge Transcript Effective Date: Approved As To Form Gerald E. Dahl, City Attorney 3 ~ ~ .( _ ... ~ "' City of • JP"WheatR.i_dge ITEM NO:~ DATE: October 27 , 2014 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 55-2014 A RESOLUTION DETERMINING THAT THE PARCEL COMMONLY REFERRED TO AS A STRIP OF LAND ADJACENT TO 12525 W. 32N° AVENUE IS BLIGHTED AS THAT TERM IS DEFINED AT C.R.S. § 31-25-105.5(5)(a), AND AUTHORIZING THE WHEAT RIDGE URBAN RENEWAL AUTHORITY TO USE EMINENT DOMAIN TO ACQUIRE THE PARCEL AND TO SUBSEQUENTLY TRANSFER IT TO A PRIVATE PARTY 1:8:] PUBLIC HEARING D BIDS /MOTIONS 1:8:] RESOLUTIONS D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2 N D READING 72~YES Patrick Goff, City Manager 1:8:] NO ISSUE: U.S. Retailers , the owners of the Applewood Shopping Center would like to obtain a five-foot strip of property totaling 775 square feet adjacent to the shopping center for future development. U.S. Retailers have not been able to purchase or otherwise obtain the parcel due to their inability to identify the property owners . Renewal Wheat Ridge (RWR) may obtain the property through its eminent domain powers as authorized by the Colorado Revised Statutes §§ 31-25-101 , et seq., (C.R.S.), with City Council approval following a public hearing The Council is asked to adopt a resolution authorizing RWR to initiate eminent domain proceedings in order to obtain the parcel and then convey it to U.S. Retailers , a private developer. Applewood Eminent Domain October 27 , 2014 Page 2 PRIOR ACTION: None FINANCIAL IMPACT: None BACKGROUND: A five-foot strip of property exists in the southeast comer of the Applewood Shopping Center. This strip ofland measures approximately 775 sq . ft. The owners of the Applewood Shopping Center, U.S. Retailers , have made attempts to purchase the parcel , but have been unable to do so because of the inability to identify the parcel owners , a long-dissolved corporation. Urban Renewal Law , C.R.S. §§ 31-25-101, et seq., provides for RWR to condemn private property located within an urban renewal area and transfer that property to a private entity for redevelopment. RWR may acquire the real property as part of the 1-70/Kipling Corridors Urban Renewal Plan in order to convey the property to a third party, a developer at some later date. However, prior to any eminent domain proceedings , the following steps are required before commencement of the Title 38 condemnation action: • A public hearing is required in front of the City Council to authorize RWR's acquisition by condemnation . • Relocation policies are required if RWR will be transferring property acquired by eminent domain to a private party. Since this land is vacant , no such action is required. • The property must meet five of the twelve blighted tenns as described in C.R .S . § 31-25- 103(2)(a) to (2)(1). The property does meet this determination in sections (c) faulty lot layout in relation to size, adequacy , accessibility, or usefulness , section (d) unsanitary or unsafe conditions , (e) deterioration of site or other improvements , (t) unusual topography or inadequate public improvements or utilities , (g) defective or unusual conditions of title rendering the title nonmarketable, and (l) if there are no objections by the property owner(s). • The Council must make a dete1mination that the 1-70/Kipling Corridors Urban Renewal Plan was commended within seven years from the date of the blight determination. The blight determination was made in May, 2009 and is therefore within the seven year timeframe required. • Prior to commencement of the negotiation of any agreement for redevelopment of the property, RWR must provide notice and invite proposals for redevelopment from all property owners, residents , and owners of business concerns located on the property acquired . Because this property is vacant this requirement should be moot. • RWR must adopt a relocation and assistance policy, and land acquisition policy to benefit any misplaced individuals or households. Again , this is a vacant parcel and this requirement should be moot. • Written individualized notice of public hearing must be provided to each fee owner of property that is within the 1-70/Kipling Corridors Urban Renewal Plan. The noticing Applewood Eminent Domain October 27, 2014 Page 3 must be done at least 30 days prior to the hearing. This noticing was completed the week of September 22 ,2014. Upon adoption by the Council , the attached "Resolution oflntent to Acquire," will permit RWR to appraise, negotiate, acquire, and/or institute eminent domain proceedings . RWR will use a recent property appraisal to create land value and purchase price. This appraisal , conducted prior to the "Resolution of Intent to Acquire," is permissible as long as the resolution contains a description of the interest in the land to be acquired. The resolution does not bind RWR in any manner. Additionally, the following actions will be initiated: • A ''Notice of Intent to Acquire, containing a description of the interest to be acquired , will be sent to anyone having an interest of record in the property. The notice contains the fair market value of the property, RWR's intent to obtain the property through eminent domain, and a reasonable cost for the appraisal. • RWR will enter into good faith negotiations with any property owners who can be identified . If the negotiations fail or are futile , R WR will send a final offer for the purchase at fair market value. • RWR will provide the appraisal to the property owners, if such parties can be identified. • A valuation hearing will be conducted . RECOMMENDATIONS: Staff recommends the adoption of the resolution to allow condemnation proceedings to be initiated by RWR. This parcel has remained undevelopable due to its size constraint and other blighting factors. The transfer of this parcel to U .S. Retailers will provide for dev elopment of this parcel into the larger shopping center. RECOMMENDED MOTION: "I move to approve Resolution No. 55-2014, a resolution determining that the parcel commonly referred to as a strip ofland adjacent to 12525 W. 32 11d A venue is blighted as that term is defined at C .R .S . § 31-25-1 05.5(5)(a), and authoring the Wheat Ridge Urban Renewal Authority to use eminent domain to acquire the parcel and to subsequently transfer it to a private party" Or, "I move to postpone indefinitely Resolution No. 55-2014, for the following reason( s) " REPORT PREPARED/REVIEWED BY: Steve Art, Urban Renewal Manager Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 55-2014 CITY OF WHEAT RIDGE RESOLUTION NO. 55 Series of 2014 TITLE: A RESOLUTION DETERMINING THAT THE PARCEL COMMONLY REFERRED TO AS A STRIP OF LAND ADJACENT TO 12525 W. 32N° AVENUE IS BLIGHTED AS THAT TERM IS DEFINED AT C.R.S. § 31- 25-105.5(5)(a), AND AUTHORIZING THE WHEAT RIDGE URBAN RENEWAL AUTHORITY TO USE EMINENT DOMAIN TO ACQUIRE THE PARCEL AND TO SUBSEQUENTLY TRANSFER IT TO A PRIVATE PARTY WHEREAS, on August 10, 2009, by the adoption of Resolution No. 39-2009, the City Council initially found that the 170/Kipling Corridors Urban Renewal Plan area was blighted as that term is defined in C.R.S. 31-25-1 03(2); WHEREAS, the property described in Exhibit A hereto , commonly referred to as the "a strip of land adjacent to 12525 W. 32nd Avenue" (the "Property"), is located; WHEREAS, a ~ublic hearing was held before the Wheat Ridge City Council at City Hall, 7500 W. 291 Avenue, Wheat Ridge, Colorado 80033, at 7:00 p.m. on November 3, 2014, regarding the current existence of blight on the Property as that term is defined in C.R.S . § 31-25-1 05.5(5)(a), and regarding the acquisition of the Property by the Authority's use of eminent domain and subsequent transfer of the Property to a private party; and WHEREAS, at the public hearing, the City Council heard and received evidence supporting the findings set forth in this Resolution and wishes to make the following findings : (1) that blight as defined in C.R.S. § 31-25-105.5(5)(a) exists on the Property without regard to the economic performance of the Property; (2) that the Property will be developed within seven (7) years of the date of the original blight finding; and (3) that the Authority is authorized to use eminent domain to acquire the Property and to subsequently transfer it to a private party. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1 . Based upon testimony and evidence presented to it at a duly noticed public hearing held on November 3, 2014, and after consideration of the factors identified in C.R.S. § 31-25-1 03(2), and without regard to the economic performance of the Property, the City Council finds and determines that the Property, in its present condition and use and, by reason of the presence of all of the following factors, substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare: Attachment 1 • (c) faulty lot layout in relation to size, adequacy, accessibility, or usefulness, section • (d) unsanitary or unsafe conditions, • (e) deterioration of site or other improvements, • (f) unusual topography or inadequate public improvements or utilities, • (g) defective or unusual conditions of title rendering the title nonmarketable, and • (I) if there are no objections by the property owner(s). The City Council expressly finds that six (6) of the blight factors listed in C.R.S. § 31-25-103(2) exist on the Property, and consequently the definition of blight set forth in C.R.S. § 31-25-105.5(5)(a) is met. The Property is hereby declared to constitute a blighted area as that term is defined in C.R.S. § 31-25-1 05 .5(5)(a). Section 2. The urban renewal project for which the Property may be acquired shall be commenced no later than seven (7) years from the date of this resolution, as is required by C.R.S. § 31-25-1 05.5(2)(a)(l). Section 3. The Wheat Ridge Urban Renewal Authority has invited proposals for redevelopment as required by C.R.S. § 31-25-1 05 .5(2)(a)(ll). Section 4. Redevelopment requires inclusion of the Property as more particularly described in Exhibit A. Section 5 . To the extent necessary, the Wheat Ridge Urban Renewal Authority has previously adopted relocation assistance and land acquisition policies consistent with C.R.S. § 31-25-1 05.5(4)(a) Section 6 . The City Council further finds that all of the requirements set forth in C.R.S. § 31-25-1 05.5(2) have been satisfied as it relates to the Property to be acquired. Section 7 . The principal purpose of the use of the power of eminent domain in this circumstance is to facilitate redevelopment in order to eliminate or prevent the spread of physically blighted or slum areas within the meaning of C.R.S. § 31-25- 1 07(4.5). Section 8. For all of the reasons set forth herein, the City Council hereby authorizes the Wheat Ridge Urban Renewal Authority to acquire the Property by eminent domain and may transfer the Property to a private party . DATED this 2?'h day of October, 2014. Joyce Jay, Mayor ATTEST: 2 Janelle Shaver, City Clerk APPROVED AS TO FORM: Gerald Dahl, City Attorney 3 EXHIBIT A LEGAL DESCRIPTION The parcel is a long narrow rectang le, measuring 5.0001 feet north to ~uth and 155.0036 feet east to wel>t for a total site a rea of 775 .0335 square feet The parcel is show11 high li ghted below: 4 --~'~ .... ~ r City of • :P'WheatRi_dge ITEMNO:_l DATE: October 27 ,2014 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 15-2014-AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 6904-6940 W. 48TH AVENUE FROM RESIDENTIAL-THREE (R-3) TO PLANNED RESIDENTIAL DEVELOPMENT (PRD) (CASE NO. WZ-14-05 I SOMERSET) 0 PUBLIC HEARING D BIDS/MOTIONS 0 RESOLUTIONS QUASI-JUDICIAL: ~ ORDINANCES FOR 1sT READING (10 /27/2014) 0 ORDINANCES FOR 2ND READING (12 /08 /2014) 1:8:] YES D NO Community Development Director c¥.~ ISSUE: The applicant is requesting approval of a zone change from Residential-Three (R-3) to Planned Residential Development (PRO) on property located at 6904 to 6940 W . 48 1h Avenue. The proposed rezoning area includes 0.91 acres. The purpose of the request is to allow the conversion of existing condominiums to townhomes. There is no new development being proposed at this time ; the request will simply allow a change in the type of ownership . PRIOR ACTION: Planning Commission heard the request at a public hearing on October 16 , 2014 and recommended approval. The staff report and meeting minutes from the Planning Commission meeting will be included with the ordinance for second reading. FINANCIAL IMPACT: The proposed zone change is not expected to have a direct financial impact on the City, although the conversion is expected to positively affect property values on the site . Fees in the amount of $2 ,094 were collected for the review and processing of Case No . WZ-14-05. Case No. WZ-14-07/Germano Council Action Fonn -Somerset Rezoning October 2 7, 2014 Pa ge 2 BACKGROUND: The property is located at 6904-6940 W . 48 1h Avenue in the northeast quadrant of the City. The property is currently z oned Residential-Three (R-3) which allows for single-, two-, and multi- family development. The subject site is 39 ,626 square feet (0.91 acres) in size and includes 19 condominiums in two primary structures. A detached single-story dwelling originally built in 1957 is located at the north end of the property . Behind the home and along the western and southern propet1y lines is a two-story L-shaped structure that includes 18 attached dwelling units. These condos were built in 1983. A carport with 21 spaces is located along the eastern property line. Surrounding Land Us es The site is embedded in a neighborhood and is surrounded by other residentially zoned properties. To the north , east, and west are properties zoned Residential-Two (R-2) containing single-and two-family homes. To the south along Quay Street are properties zoned R-3 with multi-family and two-family residences. Current and Propos ed Zoning The purpose of the zone change request from Residential-Three (R-3) to Planned Residential Development (PRD) is to allow the conversion of the existing 19 units fi·om condominiums to townhomes . There is no new development being proposed at this time; but a change in the type of ownership is desired for several reasons . Financing for townhomes is currently much easier to obtain than for condominiums. Several owners are seeking to sell their units but are unable to do so in today's market conditions. The ability to sell the units as townhomes will provide new options for affordable homeownership in the City and may promote owner occupancy. A primary difference between condos and townhomes relates to the ownership of land. The owners of individual condos own only the air space of a dwelling unit. As townhomes , an owner purchases the dwelling unit and the land on which the unit is built. ln order to purchase land , the property must be platted into individual lots . In order to plat 19 townhome lots , the zoning on the property must be changed. Under the current R-3 zoning, the property is considered legally nonconforming in terms of density. Under current standards, the maximum pennitted density is 12 dwelling units per acre in R-3 . Based on the size of the property, only 10 units would be pennitted under the current zoning. Under PRD zoning, the maximum density is 21 units per acre, so the existing 19 units would be permitted and could be platted As part of the zone change, the applicant has prepared two documents. The Outline Development Plan (ODP) establishes the zoning and development standards , and the Specific Development Plan (SDP) provides site plan details. These documents will be included with the ordinance for second reading. Council Action Fonn -Somerset Rezoning Octob er 2 7, 2014 Page 3 Related Applications A subdivision application was submitted in conjunction with the rezoning request. Subdivisions are approved by resolution , and the request will be presented with the zone change ordinance at the public hearing. RECOMMENDED MOTION: "I move to approve Council Bill No. 15-2014, an ordinance approving the rezoning of property located at 6904-6940 W. 48 111 Avenue from Residential-Three (R-3) to Planned Residential Development (PRO) on first reading, order it published , public hearing set for Monday, December 8, 2014 at 7 p.m . in City Council Chambers , and that it take effect 15 days after final publication ." REPORT PREPARED/REVIEWED BY: Lauren Mikulak , Senior Planner Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Counci1Bil1No.l5-2014 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER------- COUNCIL BILL NO. 15 ORDINANCE NO. ___ _ Series of 2014 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 6904-6940 W. 48TH AVENUE FROM RESIDENTIAL-THREE (R-3) TO PLANNED RESIDENTIAL DEVELOPMENT (PRO) (CASE NO. WZ 14-05/ SOMERSET) 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, the Somerset Homes Condominiums Homeowners Association has submitted a land use application for approval of a zone change to the Planned Residential Development zone district for property located at 6904-6940 W. 48th Avenue; and, WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan- Envision Wheat Ridge-which calls for increased homeownership opportunities and stable neighborhoods; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on October 16, 2014 and voted to recommend approval of rezoning the property to Planned Residential Development (PRO) , NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Somerset Homes Condominiums Homeowners Association for approval of a zone change ordinance from Residential Three (R-3) to Planned Residential Development (PRO) for property located at 6904-6940 W. 48th Avenue, 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: A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, JEFFERSON COUNTY COLORADO BEING A PORTION OF LOT 27, COULEHAN GRANGE, A SUBDIVISION RECORDED IN THE RECORDS OF THE JEFFERSON COUNTY CLERK AND RECORDER IN PLAT BOOK 1 AT PAGE 46 AND THAT TRACT OF LAND SHOWN ON THE CONDOMINIUM PLAT OF SOMERSET HOMES, A CONDOMINIUM PLAT RECORDED IN CONDOMINIUM BOOK 36 AT PAGE 36 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 23; THENCE S.00 °13'27"E . ALONG THE EAST LINE OF SAID NORTHEAST ONE- QUARTER A DISTANCE OF 30.70 FEET TO A POINT ON THE EXTENSION OF THE SOUTH RIGHT-OF-WAY LINE OF WEST 48TH AVENUE; THENCE S.89 °43'21"W. ALONG SAID SOUTH RIGHT-OF-WAY LINE A DISTANCE OF 253.00 FEET TO THE NORTHEAST CORNER OF SAID TRACT AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING S. 89 °43'21 "W. ALONG SAID LINE A DISTANCE OF 132 .00 FEET TO THE NORTHWEST CORNER OF SAID TRACT; THENCE S.00 °13'27"E. A DISTANCE OF 300 .20 FEET TO THE SOUTHWEST CORNER OF SAID TRACT , BEING A POINT ON THE SOUTH LINE OF SAID LOT 27; THENCE N.89 °43'09"E. ALONG THE SOUTH LINE OF SAID LOT 27 A DISTANCE OF 132 .00 FEET TO THE SOUTHEAST CORNER OF SAID TRACT ; THENCE N.00 °13'27"W. A DISTANCE OF 300.19 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING AN AREA OF 39 ,626 SQUARE FEET OR 0 .910 ACRES MORE OR LESS. 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 ord inance is promulgated under the genera l 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 publ ic convenience and welfa re . 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 unconstitut ional or otherwise invalid , the validity of the remaining sections , subsections and clauses shall not be affected thereby. All other ordinances or parts of ord inances in conflict with the provisions of this Ordinance are hereby repealed . Section 5. Effective Date. This Ordinance shall take effect 15 days after final publ ication , as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to _on this 27th day of October, 2014 , ordered it published with Public Hearing and consideration on final passage set for Monday, December 8, 2014 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 publication . READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2014 . SIGNED by the Mayor on this ___ dayof _______ , 2014. ATIEST: Janelle Shaver, City Clerk 1st publication: 2nd publication: Wheat Ridge Transcript: Effective Date: Joyce Jay, Mayor Approved as to Form Gerald Dahl, City Attorney ~ ~ A., ... .,. City of JP'"WheatR.l__dge ITEM NO:~ DATE: October 27 ,2014 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 56-2014 A RESOLUTION CONCERNING THE ACQUISITION OF PRIVATE PROPERTY FOR THE PURPOSE OF CONSTRUCTING, INSTALLING, MAINTAINING AND USING PUBLIC IMPROVEMENTS FOR THE TABOR STREET MULTI- MODAL IMPROVEMENTS BY EITHER NEGOTIATION AND VOLUNTARY PURCHASE OR, IF NECESSARY, THROUGH THE UTILIZATION OF THE CITY'S POWER OF EMINENT DOMAIN, AND AUTHORIZING SUCH ACTION AS NECESSARY TO ACCOMPLISH SAID PURPOSES D PUBLIC HEARING D BIDS/MOTIONS IZI RESOLUTIONS 0 ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2 ND READING QUASI-JUDICIAL: D YES City Manager ISSUE: The City of Wheat Ridge , a Gold Line partner, was selected to receive federal funding for access and safety improvements to Tabor Street from the I-70 Frontage Road North to Ridge Road through the Regional Transportation District {RTD) and the Denver Regional Council of Govemments (DRCOG) Transportation Improvement Program (TIP). The funding will facilitate a project to widen and improve Tabor Street to provide bike and pedestrian access to the commuter rail station at Ward Road. The City is planning to improve Tabor Street via enhanced construction and restriping between the l-70 Frontage Road North and Ridge Road in preparation for the Gold Line crossing. The City has retained a right-of-way consultant since the roadway widening and accommodation of bicycle and pedestrian facilities requires both permanent and temporary acquisitions. The Tabor Street ROW October 27 , 2014 Page 2 selected consultant will utilize the Federal Unifonn Act to acquire the necessary properties as right-of-way along Tabor Street for the aforementioned street improvement. H.C. Peck & Associates , Inc. was previously selected to perform the work . Construction plans have essentially been completed to 60% and right-of-way acquisition needs have been determined with the assistance ofH.C. Peck & Associates. The first draft of the right- of-way plan has been developed for a review process with RTD , and staff will be seeking concurrence with RTD in order to move forward with the right-of-way (property acquisition) process. This process requires adherence with procedures set forth by state and federal requirements. As pa11 of those requirements , the City Council must approve a resolution authorizing commencement of the acquisition procedure . The project is expected to commence construction in early summer 2015. In order for construction to proceed on schedule, the property acquisition process must move forward immediately. PRIOR ACTION: On March 22 , 2014 , the City Council approved an Intergo v ernmental Agreement (IGA) with RTD to assist in advancing the project process , and to assign responsibilities and obligation s of each agency . On August 25 , 2014 , the City Council awarded a contract to H.C. Peck to assist the City in identifying specific right-of-way acquisition needs . FINANCIAL IMPACT: The funding is provided by a grant from RTD in the amount of$740,228 for the entire project. The funding arrangement requires that the City fund the project costs and seek reimbursement upon completion. Funding for this program has been appro ved in the Gold Line Station Street Project line item of the 2015 Capital Investment Program Budget in the amount of $740 ,000 . On August 25 , 2014 , $121 ,312 .18 was appropriated from the Capital Investment Program Fund to advance and finance the project for right-of-way acquisition (not including engineering and professional services). The total estimated project cost at this time , including engineering, construction , and right-of-way is $740 ,000. BACKGROUND: In 2004 , voters approved the FasTrack plan which directed RTD to construct Light Rail and Commuter Rail Transit services , lines , related stations , maintenance facilities and enhanced bus service throughout the Regional Transportation District. The Gold Line was identified as one of five corridors in the plan and is currently under construction. The local agencies through which the Gold Line is being constructed are : Denver, Arvada , Wheat Ridge, and Adams County. Wheat Ridge and RTD jointly agreed , along with the other Gold Line partners , to the allocation of $740 ,228 of those DRCOG TIP funds to Wheat Ridge for it s perfom1ance of certain base Tabor Street ROW October 2 7, 2014 Page 3 improvements as part of the Gold/NWES corridor project. More specifically, these improvements are designated for Tabor Street in the vicinity of the Ward Road Station. Tabor Street serves as the key local access from the south since the rail line serves as a barrier that prohibits all adjacent access to the station . This improved street will provide better access to the station from existing and future developments immediately south of the rail line and the broader nearby area. Thus , it is crucial that Tabor Street be upgraded to accommodate all modes of transportation that access the station. This project will provide new bike lanes , continuous sidewalks , and lighting in the subject segment. Specific improvements on Tabor Street consist of construction between Ridge Road and 491h A venue and restriping of the south segment. An IGA was executed between the City of Wheat Ridge and RTD which provided funding to Wheat Ridge in the amount of$740,228 in Federal Highway Administration (FHWA) funds . These funds were then transferred by the FHW A to the Federal Transportation Authority (FTA) to be administered by DRCOG through RTD for Wheat Ridge 's improvements. The funds are intended to help enhance the unimproved land surrounding the crossing of the rail line at Ward Road Station and Tabor Street and provide other access and safety improvements adjacent to the area. Right-of-way acquisition is needed to allow the street improvement. The City is responsible for completing the construction plans and obtaining all required clearances for utilities , environmental approvals and right-of-way acquisitions. RTD will administer the project's federal funding , while the City will manage the project design and construction. The professional firm of H. C. Peck and Associates , who specialize in right-of-way acquisition for public purposes, will be utilized by the City as part of the acquisition process. RECOMMENDATIONS: Staff recommends that the City Council approve the attached resolution authorizing acquisition of certain properties for the purposes of Tabor Street multi-modal public improvements. RECOMMENDED MOTION: "I mo ve to approve Resolution No . 56-2014 a resolution concerning the acquisition of private property for the purpose of constructing, installing, maintaining and using public improvements for the Tabor Street multi-modal improvements by either negotiation and voluntary purchase or, if necessary, through the utilization of the City 's power of eminent domain, and authorizing such action as necessary to accomplish said purposes." Or , "I move to postpone indefinitely Resolution No. 56-2014 , a resolution concerning the acquisition of private property for the purpose of constructing, installing, maintaining and using public improvements for the Tabor Street multi-modal improvements by either negotiation and voluntary purchase or, if necessary, through the utilization of the City 's power of eminent domain , and authorizing such action as necessary to accomplish said purposes , for the following reason(s) " Tabor Street ROW October 27, 2014 Page4 REPORT PREPARED/REVIEWED BY: Mark Westberg, Project Supervisor Steve Nguyen, Engineering Manager Scott Brink , Public Works Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No . 56-2014 a. Exhibit A. -Preliminary ROW Plans CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 56 Series of 2014 TITLE: A RESOLUTION CONCERNING THE ACQUISITION OF PRIVATE PROPERTY FOR THE PURPOSE OF CONSTRUCTING, INSTALLING, MAINTAINING AND USING PUBLIC IMPROVEMENTS FOR THE TABOR STREET MULTI- MODAL IMPROVEMENTS BY EITHER NEGOTIATION AND VOLUNTARY PURCHASE OR, IF NECESSARY, THROUGH THE UTILIZATION OF THE CITY'S POWER OF EMINENT DOMAIN, AND AUTHORIZING SUCH ACTION AS NECESSARY TO ACCOMPLISH SAID PURPOSES WHEREAS, the City of Wheat Ridge, Colorado possesses the power of eminent domain pursuant to Article XX, §§ 1 and 6 of the Colorado Constitution, Section 16.4 and 1.3 of the City of Wheat Ridge Home Rule Charter, C.R.S. §38-1-1 01, et seq., and C.R.S. § 38-6-101, et seq.; and WHEREAS, the City Council for the City of Wheat Ridge seeks to acquire certain property rights more particularly described on the attached Exhibit A for the purposes of constructing, installing, maintaining and using public improvements for a multi-modal street along Tabor Street in Wheat Ridge, Colorado; and WHEREAS, the City of Wheat Ridge has complied and intends to continue to comply with all applicable provisions of C.R.S. § 38-1-101, et seq., including, but not limited to, the notice and good faith negotiation requirements and provisions thereof. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge that: Section 1. The term "Subject Property" means the Easement interest in the real property more particularly described in attached Exhibit A. Section 2. The City Council hereby finds that the acquisition of the Subject Property for the construction, installation, maintenance and use of the public improvements for a multi-modal street will serve a proper, public and municipal purpose and use, and that such acquisition is necessary and essential to this public purpose and use. The City Council hereby declares its intent to acquire the Subject Property for the purposes stated herein. Section 3. The City Manager or his designee, in consultation with the City Attorney, is directed to provide notice of the City's intent to acquire the Subject Property to the various owners of said property, and to thereafter conduct good faith negotiations with the owners for the acquisition of the property rights sought. The City Manager is authorized to make offers for all or portions of the Subject Property based upon the Attachment 1 appraisal or fair market valuation of the same , and is further authorized to execute agreements for the acquisition of all or portions of the Subject Property as described on the attached Exhibit A : Right of way plans of proposed Project No . S-02-14 Tabor Street. Section 4. If, after making good faith offers to acquire the Subject Property, the City is unable to acquire the necessary property rights by negotiation and/or voluntary purchase, the City Attorney is hereby authorized to institute and prosecute eminent domain proceedings in the name of the City so as to acquire the Subject Property by condemnation. In the prosecution of any eminent domain actions to acquire the Subject Property, the City shall have and retain all rights and powers lawfully delegated to it by the Colorado Constitution , the City of Wheat Ridge Home Rule Charter, and C.R.S. § 38-1-101 , et seq . and C .R.S . § 38-6-101 , et seq. Section 5. The City Manager or his designee , in consultation with the City Attorney , is authorized to seek and to take immediate possession of the Subject Property as may be necessary for constructing , installing , maintaining and using public improvements for a multi-use trail , and to make such deposits or other payments as may be necessary in connection therewith . If eminent domain proceedings are inst ituted , the City Manager or his designee , in consultation with the City Attorney, is authorized to retain such expert witnesses , including appraisers , as the City determ ines are necessary for the condemnation proceedings . Section 6. The City Manager or his designee , in consultation with the City Attorney , are hereby specifically authorized to make such reasonable or necessary amendments and corrections to the terms and /or legal descriptions of the Subject Property to be acquired , including authorization to include such additional or other property rights necessary or desirable for the City to acquire so as to construct , install , maintain and use the public improvements for multi modal improvements . Section 7. The C ity Council hereby finds , determines and declares that this Resolution is promulgated under the general police power of the City of Wheat Ridge , that it is adopted for the health , safety and welfare of the public , and that this Resolution 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 Resolution bears a rational relation to the proper legislative object sought to be obtained. Section 8. If any clause , sentence , paragraph or part of this Resolution or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction i nvalid , such judgment shall not affect application to other persons or circumstances . 2 Section 9. This Resolution shall become effective immediately upon adoption. DONE AND RESOLVED this day of , 2014. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk 3 • 0 ·~ ""' ~~~.~ ... 0 BL~ 0 FED I. V ' \K \ .. ... q .88 E. '.B ,.,,,..,., ~ :A. \C" .... , ~ ~ A A ,._ .. m . '·~~~: .. "??t~" ,, ...... • • CJ 0 :ll""fU.;I ... A' II\' ,. VA,rcr'il 0 0 0 pp NOM _.c .. l: r ' t.,_lll w. ;·· " .., 0 • 0 we we ~ USGS .. ._ ... ·~ l> !;~C:C0..1AQV ~fRC: \()\' ~-~ o, o. l E .L81 [l o.oo \lAP~ 0 ROW ~~ •. 38 L ' ll.l~< '" . 00 "''•, . - cr~·~ \OC,\!\' ~[ICS1rJCAT :!~oj ~\TAQ. II :JIJ.Wf \' :J1 l~.CL~AC" Rf'r£Rl!loCI to£ I :R< C:.''RQ. ~~\1,\ et'e"O \ote:;: t·t·e :o ,c..,. t •• ca~~~~i'I"'JII"l~. O"CC t 1 e r~C11 ere ncr ocrt r·f t -s wvey. ·~eft'Te IQSOI!ft'lll>· r f1'!fl . O"'d rest,. :7\C of reG0""4 ..,.-e not reseac:neo 0"(1 a• "Ct ~ 17' t'11S CIIOO"<r· '"e v&r "cotia" of ttoe Df'y.$ICOI eviC'.H'IU! w !'1 r•ICI 0"1 1 0 II(J&I!IIIti"'IJ , f :c;11t5 Of -..:l'15 • Of"CX*"ly '>O..n'O" es. !)"!(! res'~ ~et 'O"'S • as dc50"1bo<l n tre :'"15tn.f!'O''Its of ~eccrr . ..,., 1"101 ircl..lded ;,. ""'I :rw:l wvev ctJ1t~o. di :111''7'1- 1. ,,.,;s 0) 0"1 stt 1 s &ubjeet to crw;r-qe O"'d my not be tr-.e "OS' e:r,.ont 1e1. t a 'l'le \,&tlr 't ~e~Otl: fty to v(ff' fy .: ., ,,_.,.,Of l "'e((triCQS th(lt this te' it ttoe I"'Ot orrCIJ'I the "'tf[t"B'IJI 0"1 C7!tO~necJ 7'1 tf'e (lttodled c:t-:w·'VJ S 11(11 -..:. d I.I'!INS tn I r.Q))' boor a 171 CT'9~11CJI 1;~•,-e c: fl'le Pr"ofe".sionol Lena UvtyO"' ~tF'80"' na:oo. =: • Farnsworth -~GROUP _u-._ .. _ ---~- __ , ___ ._ __ _ CITY OF WHEATRIDGE RIGHT OF WAY TABOR STREETWIOENlNG PROJECT NO. S-02-14 PROJ ECT CONTROL DIAGRAM & LAND SURVEY CONTROL DIAGRAM EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 17 TOWNSHIP 3 SOUTH , RANGE 69 WEST BEGIN R.O.W. PROJECT 0+00.00 OF TilE 6TH PRINCIPAL MERJDIAN CO UNTY OF J E FFERSON ~. O.W. P.nQ1~ ?~ Project c. 'l • ~ , __ .., +" 't: ), ' s1~~s P ~\ \\ J ~ . \\ .... _ r . \'>;. ::;s'IAIJLE:i .st " ~ ~~ ... b'p .L ~'-t-; ri\Drnt m;ur:t:r .el c. .. I ¥~¢. • ~:p .... "' t-.-T T I ( + T SL¢.n.o.....Lo .,. ··:rc~ 17 fi I ~· L. ~ ~ ii TAno R r RI:I!'i' I I \ {_~ -~T -+ lS .~ l \. '10 ~ l nrAT .C.."L MM ... voy fee'" ~ I~ " 1 \ "-)-\ '· ' !. l + t \~ ~- END R.O.W. PROJECT 6+50.00 S.li. N(J . --···.o, 2 .0, J .Ot •• 01 ":i .01 I TIt o 'Sr-ee• \ TCJbU at Yl of Prope~•·es 1 Projec1'1!cna s..,-vey Con'trol D'OO"O'fl v~• "'o~utot 00' Plan Sheet ~ To•o 'Sheet& es '){ ~ O;P'!OI 1 · •x• 1• 'lrcw;nQs P J'l ~"'Oci , • 'SO Zet'I!OI !JOII.J"I \1!0: Projf!Ct "'"IlO"te infcr'"'Qt "71 •·11 11.()01 ec: D~ City of ...-.ot AillQO wvey c.pa-t~!. A• o:atCJ"Ce$ ere ~S Svvoy +eet . 13os .l ~ 6ecr "QJ;: '' l)eO"'nqs O"e t1aae0 0"1 ·f'll! ·,.. CUl"'eCtino City Of .-eat 'i;c:oe t;er1tro1 oolnt 12000 tO Dll Seecr-Oa'J Lcn·~o• OC ~"~ ~07 berrt; en OUliT'Cd beCI" nQ ll)f 1o1 Ci~h1 • • "'"'"co' Datu-:: \0'": P..o 1 ee~ ver• • :ol nfQ"=-atiC>"' #ll l1.(lO 8t" f)..,,. • .., of l "'ICQt ~ dQtl wveyseoa-·t!'T':"''. ''-AI[ O•TL-U: ~riJjeet ~OO"d: 'IQtls a-e a !,;(J"teSOUl 6~Stelf"! baUd 0"1 ·.,fO'"'C' en a'ICl elf 1 st;~ ecT~trot ooi ,,. MllOI·ec Dy r~ t••y C! l"'«<t Ill~. lnls ..,.,.Y 3;_ not establ V'1 a .. e,ot:,..,;01 to Cotcrooo Ste•o PICI"II cc:adinot~ 'h11 dot.,n. 1 Oiflf!l'l frO"' ti"'C"' ty fJf 'th!C• AiOI;e ')o!ift b-. r .\1• n na-tt~ii"'QS 0"<1 J.OC ' ;" «at f'IOS· "4)11('{; leet:r'Cii~ IO ~010'000 C"• yCk.t 1'1\.JSt c;OI"'''1f''C8 fT<Y IOQO 0: '7" :IOSOd .DCTI rx'>Y Ctfec1 ·n tf'lll IU"Vt'( .. ·tto:n tf"~ee 't'IICYI af•fl" y0..1 f rs . diiCOV&r IIJC!'I oefoct. .n roo ev..,, ""Y fT!Y oct O'l oosec U)O'I O"y Q&ffiC:_ n 'h's SIJYey De~ !'O"e ti'ICn ten yea-s f"D"' the ~Jet,. o' '"e ,, f!eat 0"1 ~ nor-ec:r SL1h(YQA Sfl,'~lfT 1!«¥ Pl. A\ ;, tht ~.":rro-,D"odo-0 :'1::J,r;;o:r'lo "{,..""'ff,1 o1 "*'' Ilia* P!'IQt bafftd U)Ul "'f llfiC·'~· inf1TW110CTI (¥lf1 HI••'• re.sMJrCf'l. CQ!nJitlfifT\.f rTI(J ·~(JIIJ(It•O" ol ft'e !AF"fY f>lldtlnal -rfl ,.,-ru~ tTII1 '";' Ri,.r oi·I 7Y f'ltrl .as tJr«XT«< V"dtlr rMIKT'fJ/ljlfl cna-oe In «C'!TdtJ'10fl ~-rl't frJtJii(XDt• •rf7'Jd0"'01 o1 oractru. '"!' ,,(11..,, r, f!Cf 11 QI.D'!r!'' rr .,,.171,'1 • •"l"!ttr fJSS«JfT i"';ll;ed. pr_J 'llo. 116U )t -~ + • + + + ~\. ~ ·"' •. .;: l''i I ' . < T ""'..li "\ ( ~ ~ :::: 1 • ::· .. ··~.~~. :(# wt~~t D ;rl..,.e t >-'tr ~~~~~~;:;' ~CXPNlfTYEW Of'P\..QJC~ ·~ t-, .. .,_t.,:;"-~·.::1-:;.oe:~.., t l~D ~~~ .• ::,::._~. PROJI CT # ~· C2 '4 TABOR <; I<EE IV'-'RJv'EM"'I' PRQ .J: t.T EXIBIT A "" t S>U' S i < ()' ~~ R.O.W. TABULATION OF PROPERTIES IN JEFFERSON COUNTY TABOR STREET t.oaau ... Ac.a In ~ ,_t (AQ:zlaa) -· -----~-Si t.~ a 1 /t , a-c. 1 1, " 3 a., .-. It • 1'11.-101 aand.it., t.u:: 5040 '!'abor It ..... t ~. (X). 80033 Tlt-102 ait t P.obeuon 5000 Tabor It ..... Ridqo, co. 80033 111.-103 08 ... t c:c-.m.iC.tiCIIUI, Inc. 1005 11th St.. O.Cver, OJ. 80202 Tl't-104 C ' D Ia.w.t.antl 507 5 Tabor It tlbMt Ri •• (X). 110033 tt-105 Travu ~ton 5055 Tabor It ...,..t. llidge, co. soon =:: • Farnsworth ~~GROUP -~-~~-----~­~-/calli'~ .. _ ... _ ,.. ~ ~ . t 5040 TAbor St -.at M •• co. 80033 SOOO Tabor ft Mheat. IU. •• CX>. 110033 vac:.ant Land tlhe.at lti.d9e. co . !0033 5075 Tabor at -< IIi~. co. 80033 5055 Tabor It tftM.at JUdi;Jtl. co . !10033 '"' "' ,.._Of -.. .... Not u.a _.,...., -1 ... .... Port.i.on of tot. 19 2,6811 IF o.oo 4 .39 N; +1- ftandley lleiQhU Poruon of Lot 19 1, 411 IF 0 .00 1.89 N: +1- Standley Heivhu Portion of Let 22 3,230 sr 0.00 1.92 AC +1- t.e' • SUbdi Vl.a l~ Poruon of Lot U 1, 493 , o.oo S'taodley Hei9ht• Porti.cn of Lot 19 3,081 ., 0.00 Standley Keight.a '"'J4' ~ .. City or ~~~~~Rl._dge aook and.·~ ~·u. .... ---~on Mo . oc..l.bMnt Ho. -IUght T15l1193 05931S2014 2010045441 OS932A201t B. 2867 , P 137 05933A2014 3.01 N; .,.,_ 2007002647 OS929A20014 0 .87 N:. •1-2007039165 059301.2014 # Mll" Adl I' ION R)~. I< MF ·r ,fMI '-,, -t /:4 1\ A f.U.\ ... .... .... 1101 := • Farnsworth -~GROUP ---~~----~­ __ , _ _... ... __ ~~ t . . ~ '. h .. ~ NE 1/4 SE 1/4 SEC 17 \ \ -e _,... !! PARCEL101 ; ~--0 ~ ., \ ... ~ " 0 PARCEL105 I I I ~ "" i!: PARCEL103 ~ lt I 0 3D A IJ.BOR S TRW -<'b if; ./' ... ~ 1 I I I I J ~~ " ~ CCII'!IICIL ~muz uau: _..,_ rou.~ ~a uno ro~ Al.tM Cll •ott stt~t c:o~m.~n. • rot~~:~ ore ausJ our: nr a.u KA_.._l ~\1~ :;:: · · " P.:.:: , City of • .... ,., .. ~.... rl. Wlieat~e ~~~~·:z;a-l;? OEPARTMtNT O'JUUCVOIKS ...,., '::4!0-:~':i~- SE 1/4 SE 1/4 SEC 17 01 ~otcs : t ~ ,_ + .... l 1. lnis t>rojoct/' ona Survey .,...,..t,... '):og,.Or:'l . r()t o OCU'Idory s'Jvey of the OdjoininQ orcpedy end ·s .::r-epcrer' fer tnc C ty of Jt:1C:Ot Riogc • ColcrOdo w-Doses O'lly . "o <leterr. n·_+ r h-s ee- (!Q:te to determine , f .. ~ fOJ'Id "'""uf"'P.f'I'S as -5,......,.,.. ere the r ;:,rooe ... posit ion cr if tney a-e O' 'trlC ccr -ers "'Ay "J"'e "'+f""<lcd to r.t:n~..~<"!'ent - 7.. Title pol t;y. t + e CO'mlitl113f'lt . ald t1tle ,..esecrcn ae not PO""f Of thiS SL"'VCY • •'1e,...efore eose~ts . r;qnt;, CJ"'I1 rASir',..t ":'f1S of record were not r esear·cned Q10 ae nro1 shrvr1" 'Y' +'"' s <l OQt"<T.l · rho ver'ficatim of tne Of'lysical ev'':ier~e ..,:,.,., r-e at()"' •o eoserenti.· r:onts of ••JY.!.· orooeriy bCl.fld<Y''!s . ':J"'j ~""es•,. c• ()"'S . 0: deScr,bed i."' the ~,s1r ,JT'Cn~s "f "CCO'"d o ..C~""e not flC ..Jde<l i'l tr.i.; CQI'l!r"OI Sli'"VCy . j , This DI(J'l SP.t '$ S\.!biec:" +o c~e C'l0 '"llY '101 be t~ ro: t current r:;et. It is t"'EE 03er's resPO"'Sil)" 'ty to ve,..:fy ... th tne City of Wheat Ri<lQe 1'"'0t •Mis sa-+ ·s •ne "'05"+ c._Hef'lt. he if"'.f()"" 'Qt .;1'1 ..;cr•:·-e<t 01"' +he Qttoehed (]f""OW';nQ ; _not VOl :.:J -P.SS H"''i!i ccoy bec~""li en O"ig;no ~:~ ... ct.re of ·.,e Profess·CJ"'o t..l.fveyif ~reon narec . HO'" ~ z'lnta )at .J'fl \o-te : Prr-j'9('t nor·z,.,..to r,I'0'"1l0~ ()""!was s..;pp ec t>y City of '*heat R'doe Sifvey ~0" 'TEf'-+. A Clir.tonces ore uc Survey fcor. Bosilj )f IJea-ir:t;;~: '>ear "'QS a-e baSed ('111 the ine CCJ'Y1Cttin<J Ci+y Qf l'heot ~ «;e ~1rv oc''1• • 2MO •o IJ .. C SecC1'dO'"y Cof'ltrol point 501 be' "Q,.,.. :"C3Su~Ci t>et" '*'J C'"' N OS-53 '41 •;. 1/et ,...-~;_· '" "oote : ;)r-Ar• ve'"• co nfcrrn:Jt:cn ....-as ~l..OPiiec by •v "f W"'""!Ot ~·ojco Stfvey deou TC"'t. C~:~O N.A ~ ~A,.._V : Prc:ect r:c:x::nliM~es O"'e 'l cortes Ql"l systw. ty'Sfl(' 'T ..,6 CJ'!f'Qt en end exirt inCJ ..::ntrC' ?:" ,+s SI.()P ed ".>y thO c ty o~ rroec =f dQe . '"hi"' Q~rvey aio not es+ccl isl'l o e cr• 0"1-S~ p to Co•CYodo c;:totc P ~e coor-oinotes . ., .c-. oa•·,.T. ·r, diffort lrcr.! ~!le C"ty of Nhc<lt RiO~~ Dr•r ~Y ~.~2· in nortt"linc;:s (J"''cl c.oc• ~,east "'<J~· \:1. 1 C~: AccCJ"d1nc to CoiO'"OOc 1r:-. vQJ rus+ c:cr."r'e""-J J'l'i ~ oc~ CYI oosed 1..()()""1 rT!y ocfcct it'! ~.,~s st,;:rvey ._· t.,i,.. 4 P'Yee yeas after y().J f•rst a:.~covcr such aofect . I . ., 110 event rroy a:1y 'JCt1o:n based l-00""1 CTIY defect ;!1 tn:"i 'iwrvey be ccmreri.ed rrue 4 '"'0"' •en years fran the dote of tho certif:cot:O'l ShJ""-N""' hereO"''. PROvEC• # <; 02 4 A80R <;T'<C T 'ROvE C /.AND '>uRVI Y CONTROl 'IIIGRIIV "'"so<rrs V.P~OV: V~NT 'ROwL'-~~.o· § ~ § ~ ~ ~ a a . I • u. ~ i i a: a~ ¥ = ~ = a ad a ; 3 a ~ · .. n ~ § ~ ~ I 1 ~ 1: I uu i I I 8 I l i; i i ~ 3 ~ un i ~ 'q 3 nn i ;; E E E ~ ~ ~ ~ ~ i : :. ! ! ~ 10 10 ~ 2 2 a uHa 8 a~~ ~ i r~aja;a J lala~~~ ; ~~~;~;n ! uuuu -I i n~un~ i;;S;~;~ I l ~~~HH! ~n~uu ! ~ . ~ . l li ~ ~ I ~na~a== ~E2E2E~~ i ga~p~~· i "g ~~::~ ) ~ g ~ ~ ~ a B i ' ~ ¥ ~ ~ a ~ ~ ~ I i g = 3 § • ci .. ! " 8 i ; i ~ ~ ! ~ .. l t • 7 > / 0 > j .. ,. ,..... + 'I: N72.42'09"E 17.66' ?0 -\ CJ ?0 ,.. C) c::;,;, COWR STAT10N 0+00 3,8" SOUTH OF RlD RON UNE 5' PSCO EASE MENT 82887-1'827 1 5' PSCO EASEMENT REC. NO 201204e835 JiD t fttW.. """' :lXII SXll """ m !1006 -"""' """ ODtQ ==:: • Farn sworth _Eli§ GROUP -'·~---..... --~-____ ,c-. ___ ---- II(-.._ '-fOI 'MOlT. 'I' .o· Ht.C 'VO 1!5J!i9 25' PSCO ESMT RN 201 2042178 "'{ J.9 '14 ']{)! tK"""\ V,Q2 IJJFF ROB£1/SGfol RfC NO. J()IOfU544F SCHO. NO J9 ' 14 09 oo; S89.12'55'W 10.85' r..- ;' ~-~~4. ct 'J W\.f.S!!I.'N'S 'Pi '10. 2001:'()28<7 'SOib. NO. 1.9 114 08 011 N89.11 '02"E 19.86' . ' .! _.,.,... .._,. ITIAVIS FAT()I. RfC NO. lf)lll0}91f>'J tHn N(J l9 '74 C,R-014 ,.UULUic. or a .o .w. ~• oro 1111 1ft *rtMDO'(ft.) Jutta.g(f't) O.OII"'lptl- ?l:1064S2a '"""" .... -MCII'tK:ft TO HJrT ?l:l!lol6.071: 104$176006 -~TOII:!iET 712U6.7632 1C>eeOS72 1ICII ..atalf to u .sn ?l2Saa!!Ott 1o.f6e 2910 IICII~TO UST 7123158507 1o.f6e69&8 aca~TOU!iET 7120159203 1oe.5l3616 aca M:lllttUf ro 11 so 7123154441 t04WS1M .. ...arrto usn 7123910131 1o.u&a 1337 -~TOI!l!iET 712$24 8$11 10441'61111 -lf'liiWOirTOil!n 1t2S38.6311! t OM10 3m l(lfiUftJt«<rfroer:sr JtaU- o-ll.'lt 1•0 %.U %.01 .11 Z.60.00 ,...)1,61 ... .U.10 ,....,1.1l 4+10 .0'7 1+1J.11 o+<lt.44 ,.,u• 1. ».n• t 13.11' t J-3 ,0 4 ' t 33.04 ' t 33.04' t ,.,_,., .. s 1.o•• a S'7.1 1' • u .u· a se9•oa·30'W 10 .76' 'r><'- \f.OJ; ~ ·c: d[· r CGII.'·'-#ATCA no~s. ,·Nr fi,( )Bf..l. pr. !Jl 'Crill_ NO.J9 T/4 09 0141 I /.Kl y :.·. 7 HI C(A'OO ASSOC ~· ... ·-:- RfC N? X,/1(}51187 'iCHQ. NO J? 174 1)8 '51 ~ ""'{ 2:: 0., "" I ~~MJN r U.Nc,·.vr; CCIVOO ASS.\' RF~ N'J. t 1739/1 J SCiiD NO J9 1/4 08· 028 :, r,., ftcoT. onDTcr-~~ ~~;ri:a:!"!o ~,.ff,,'o·r-;::, IN~ tf'c7r bo:fN <IXT'..,. 1<--'fll1IJ8 • infCTMI'iT' <roO Del••'· r~ctt. CQta.Jic•icrrS tTJd •.n1uor tTl ot fhlt ..,.,., 4~i(/fii'U ..Vf prflT."T!"l trJd f_f'!,"./li'J"O -cl •l't Pltr~ W01 DFtJlXTfd lrcet' ~ r~/Oif dJtTgo. 1h1$ ,,,.,,.,.,., I• 1101 0 ~a"ly fT <r•U'Ity •• ,,,.,., ,lfJrft.!tld cr :mtietJ. p ¥(), > w. Err # ·' 'l2 '4 A lOR ' p: A~ q T '"'\.Y\IE R..-)i P l.AAt> r ~ j 4' ... ~ ~ r City of • :rwheatRi._dge ITEM NO: _5_. DATE: October 27 ,2014 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE PAYMENT OF THE SALES TAX INCREMENT FOR SEPTEMBER OF FISCAL YEAR 2014 FROM THE TOWN CENTER PROJECT IN THE AMOUNT OF $75,170.52 TO RENEWAL WHEAT RIDGE 0 PUBLIC HEARING ~ BIDS/MOTIONS 0 RESOLUTIONS D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2 N° READING QUASI-JUDICIAL : D YES ca~~ ~ NO ISSUE: The 2014 September sales tax increment for Wheat Ridge Town Center due to Renewal Wheat Ridge (RWR) totals $75 ,170.52. Expenditures over $35 ,000 require City Council approval. FINANCIAL IMPACT: The 2014 budget includes a total of $425 ,000 for sales tax increment share back with RWR. BACKGROUND: The City adopted the Wheat Ridge Town Center Urban Renewal Plan on December 14 , 1981 , which provided for the utilization of property and a sales tax increment in the commercial area east ofWadsworth Boulevard , between West 38th Avenue and West 44th Avenue. The property tax increment expired in 2006 , after 25 years. Through an IGA between the City and the Wheat Ridge Urban Renewal Authority (WRURA) signed on June 26, 2006 , the sales tax increment was amended so that the maximum increment for the Wheat Ridge Town Center Project paid to RWR shall not exceed $100 ,000 in any fiscal year and the increment was extended to December 31 , 2008. An amendment to the IGA in October 2007 removed the $100 ,000 annual cap and extended the agreement to December 31 ,2014. In September, 2011 the City Council approved , via Resolution No . 49-2011 , an increase in the payment from 50% to 100 % of the sales tax increment share back through December 31 , 2014. RECOMMENDATIONS: Council Action Form -R WR Sales Tax Payment October 27 ,2014 Page 2 Staff recommends distribution of the sales tax increment for September of fiscal year 2014 in the amount of$75 , 170.52. RECOMMENDED MOTION: "I move to approve payment of the sales tax increment for September of fiscal year 2014 from the Town Center Project in the amount of$$75 ,170.52 to Renewal Wheat Ridge." Or, "I move to postpone indefinitely the payment of the sales tax increment for September of fiscal year 2014 from the Town Center Project in the amount of $75 ,170 .52 to Renewal Wheat Ridge for the following reason(s) " REPORT PREPARED/REVIEWED BY: Steve Art, Economic Development and Urban Renewal Manager Patrick Goff, City Manager ~~A~ ~ ~ ~ City of • ?Wheat:R.i_dge ITEM NO: &. DATE: October 27 , 2014 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO CANCEL THE REGULAR MEETINGS OF THE WHEAT RIDGE CITY COUNCIL ON NOVEMBER 24 AND DECEMBER 22, 2014, DUE TO THE THANKSGIVING AND CHRISTMAS HOLIDAYS 0 PUBLIC HEARING IZI BIDS/MOTIONS 0 RESOLUTIONS D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2 ° READING QUASI-JUDICIAL: D YES IZI NO £~ ISSUE: The Thanksgiving holiday this year falls on Thursday, November 27 and City offices will be closed on that date and the following Friday. The Christmas holiday is Thursday, December 25 1h. Staff recommends canceling the regular Council meetings scheduled on Monday, November 24 , and Monday, December 22 . There are no items for consideration on the agenda for those dates. FINANCIAL IMPACT: None RECOMMENDATIONS: Staff recommends canceling the regular Council meetings scheduled on Monday, November 24 , and Monday, December 22. RECOMMENDED MOTION: "I move to cancel the regular meetings of the City Council on November 24 and December 22 , 2014 due to the Thanksgiving and Christmas holidays ." REPORT PREPARED/REVIEWED BY: Patrick Goff, City Manager