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HomeMy WebLinkAboutStudy Session Agenda Packet 03-02-15STUDY SESSION AGENDA CITY COUNCIL CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Ave. Wheat Ridge CO March 2. 2015 6:30p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge . Call Heather Geyer, Administrative Services Director at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance . .1. Seniors' Resource Center BDZ Agreement Extension 2. Staff Report(s) a) Update on 2015 Proposed Zoning Code Amendments b) Application process for neighborhood street light requests 3. Bicycle and Pedestrian project priorities 4. Entryway signage and Neighborhood Traffic Management Program (NTMP) 5. Elected Officials' Report(s) ADJOURNMENT This tool allows the City Council to waive certain building permit fees and building use taxes in association with construction projects that occur in an established BDZ. The tool is intended to be used to refund fees and taxes for projects that have the potential to generate additional future sales and use tax , OR that more generally provide substantial public benefit to the City. On May 12 , 2012 , Council approved a resolution establishing a BDZ that encompassed the entire City of Wheat Ridge. Participation in the program shall be based on a property/business owner making application and City Council exercising its legislative discretion to approve an agreement establishing what portion of fees and taxes will be refunded to the owner. Code Section 22-93 establishes that the City Council shall consider such an application at a public hearing against five criteria, which are discussed later in this report. THE PROJECT SRC is beginning Phase II of their facility-expansion project at 3227 Chase Street. The construction and renovation process will include installation of new flooring and carpet, a partial replacement of plumbing as needed , the reconfiguration of rooms to better serve their staffing and client needs , and replacement of the aging HVAC system with a new , energy efficient model to meet their everyday needs. By having greater energy efficiency systems , SRC will be able to redirect those typical costs into much needed program areas . This process will lead to an estimated construction payroll of $574,790 and a total construction cost of $1.4 million. SRC has applied for a refund of the fees and use taxes for the project under the BDZ program. SRC has made the best use of existing space restrictions; however, under the new design they will have greater flexibility to present staff and volunteer trainings , and departments will be more unified than they can be at this time. Each facet of the renovation will be aimed at serving more seniors and their families in the future. The renovation is anticipated to be completed by the end of2015. Staff has evaluated the application relative the criteria stated in Code Section 22-93 , which follows: I. The amount of expected incremental future sales and use tax revenue which can reasonably be anticipated to be derived by the City through the expanded or new tax generating business ; SRC will not directly generate future sales and use tax. However, as discussed in the application , the expansion does have the potential to generate spillover sales and use tax increases based on the following: construction payroll of$574,790 increase in annual SRC payroll of$129,787 , and increased traffic and activity based on their expanded capacity. 2. The public benefits which are provided by the applicant through public works, public improvements, additional employment for City residents, etc.; As noted in the applicant's letter, employment will be expanded on a pennanent basis and more significantly during the period of construction. The construction/renovation process will include installation of new flooring and carpet, a partial replacement of plumbing as needed , the reconfiguration of rooms to better serve their staffing and client needs , and replacement of the aging HVAC system with a new , energy efficient model. 3. The amount, if any, of City expenditures which may be deferred based upon public improvements to be completed by the applicant; The project does not trigger a need for additional public improvements either on or off site. 4. The conformance of the applicant's property or project with the comprehensive plan and zoning ordinances of the City; Envision Wheat Ridge strongly encourages reinvestment in areas of the City that are considered neighborhood revitalization areas. These areas are not mapped , but are defined as areas that exhibit characteristics such as higher crime rates, lower rates of home ownership, infrastructure needs and increasing maintenance problems. This part of the City exhibits some of these characteristics. Rein vestment and redevelopment is strongly encouraged in these areas and the proposed investment will represent a significant asset for this area. 5. The agreement required by section 22-94 hereof having been reached, which agreement shall contain and conform to all of the requirements of such section. The City Attorney 's office drafted the Agreement in compliance with the terms of the BDZ program. The investment proposed by SRC will have significant positive impacts for the community, both economically and in their ability to provide services . As analyzed above, the application is in compliance with the majority of the criteria that are to be used by City Council in reviewing the application. This is a significant investment in re vitalizing the area and will pro vide increased services to the Wheat Ridge senior population. The one evaluation ctiterion that is not met is the criterion related to generation of future sales and use tax . As SRC is a non-profit, it does not directly generate sales and use tax. However, as noted in the application letter, there are anticipated sales and use tax benefits based on the spillover benefits of the project. Additionally, staff would note that the code provides the following: "The City Council may by :X majority vote approve exceptions to the provisions of this division when such exceptions are found to be in the public 's interest and such exceptions provide substantial benefit to the City." ATTACHMENTS: 1. Seniors' Resource Center BDZ Agreement, June 24,2013 Agreement 2. Council Bill No . 07-2014, August 11 , 2014 Council Action Form -SRC Agreement June 24 , 2013 Page 2 The construction project is estimated to generate $17 ,000 in use tax , and $5 ,070 in permit and plan review fees as well as almost $575 ,000 in construction payroll. The applicant has requested a 100% rebate of those taxes and fees. City Council is authorized to refund up to 100 % of said fees and taxes through approval of an agreement to participate in the City of Wheat Ridge Business Development Zone Program in an established Business Development Zone (BDZ). PRIOR ACT IO N: A previous Agreement was approved and executed on August 9, 2010 which rebated approximately $101 ,000 in use tax and permit fees for expansion ofthe SRC . Those funds have been fully refunded to the SRC . At the May 6 study session , John Zabawa, CEO of the SRC , requested a 100% rebate of penn it fees and use tax for their current project. Council consented to have staff bring the request forward for approval at a future City Council meeting. At that May 6 meeting, the rebated use tax and fees were estimated to be $19 ,000 . FINANCIAL IMPAC T: The construction cost of $957 ,991 would generate $17 ,000 in use tax and $5 ,070 in building permit fees . The financial impact to the City will range up to that full amount of said fees and taxes, based on the direction from City Council as to what percentage of the fees and taxes should be waived . BACKG RO UN D: Code of Laws Chapter 22 , Article I, Division 5, establishes an economic development tool known as the Business Development Zone Program . The goal of the program is to encourage the development of private sector jobs, revitalize deteriorating areas of the City and encourage the development, redevelopment and expansion ofbusinesses within the City. This tool allows the City Council to wai ve certain building permit fees and building use taxes in association with construction projects that occur in established BDZ. The tool is intended to be used to refund fees and taxes for projects that ha ve the potential to generate additional future sales and use ta x, OR that more generally provide substantial public benefit to the City. On May 12 , 2012 , Council approved a resolution establishing a BDZ that encompassed the entire City of Wheat Ridge. Participation in the program shall be based on a property/business owner making application and City Council exercising its legislative discretion to approve an agreement establishing what portion of fees an d taxes will be refunded to the owner. Code Section 22-93 establishes that the City Council shall consider such an application at a public hearing against five criteria , which are discussed later in this report. TH E PROJECT The SRC is beginning Phase II of their facility-expans ion project at 3227 Chase Street. The construction and renovation process will include installation of new flooring and carpet, a partial Council Action Form -SRC Agreement June 24, 2013 Page 3 replacement of plumbing as needed, the reconfiguration of rooms to better serve their staffing and client needs , and replacement of the aging HVAC system with a new , energy efficient model to meet their everyday needs. By having greater energy efficiency systems, SRC will be able to redirect those typical costs into much needed program areas. This process will lead to an estimated construction payroll of $574,790 . The SRC has applied for a refund of the fees and use taxes for the project under the BDZ program . In Attachment 3, SRC has outlined the full scope of the planned second phase of expansion, and a discussion of the short and long tenn public benefits of the expansion. SRC has made tl1e best use of existing space restrictions ; however, under the new design they will have greater flexibility to present staff and volunteer trainings , and departments will be more unified than they can be at this time. Each facet of the renovation will be aimed at serving more seniors and their families in the future. The renovation is anticipated to be completed by the end of 2013. Staff has evaluated the application relative the criteria stated in Code Section 22-93 , which follows: 1. The amount of expected incremental future sales and use tax revenue which can reasonably be anticipated to be derived by the City through the expanded or new tax generating business ; The SRC will not directly generate fu .ture sales and use tax. However, as ~iscussed in the application , the expansion does have th~ potential to generate spillover sales and use tax increases based on the following: construction payroll of$574,790 increase in annual SRC payroll of$129,787 , and increased traffic and acti vity based on their expanded capacity. 2. The public benefits which are provided by the applicant through public works, public improvements, additional employment for City residents, etc.; As noted in the applicant's letter, employment will be expanded on a permanent basis and more significantly during the period of construction. The construction/renovation process will include installation of new flooring and carpet, a partial replacement of plumbing as needed, the reconfiguration of rooms to better serve their staffing and client needs , and replacement of the aging HVAC system with a new , energy efficient model. 3. The amount, if any, of City expenditures which may be deferred based upon public improvements to be completed by the applicant; The project does not trigger a need for additional public improvements either on or off site. 4. The conformance of the applicant's property or project with the comprehensive plan and zoning ordinances of the City; Envision Wheat Ridge strongly encourages reinvestment in areas of the City that are considered neighborhood revitalization areas. These areas are not mapped , but are defined as areas that exhibit characteristics such as higher crime rates , lower rates of home ownership , infrastructure needs and increasing maintenance problems. This part of the City exhibits some of these characteristics. Council Action Form -SRC Agreement June 24 ,2013 Page4 Reinvestment and redevelopment is strongly encouraged in these areas and the proposed investment will represent a significant asset for this area . 5. The agreement required by section 22-94 hereof having been reached, which agreement shall contain and conform to all of the requirements of such section. The City Attorney's office drafted the Agreement in compliance with the terms of the BDZ program. RECOMMENDATIONS: The investment proposed by the SRC will have significant positive impacts for the community, both economically and in their ability to provide services . As analyzed above, the application is in compliance with the majority of the criteria that are to be used by City Council in reviewing the application. This is a significant investment in revitalizing the area and will provide increased services to the Wheat Ridge senior population . The one evaluation criterion that is not met is the criterion related to generation of future sales and use tax. As the SRC is a non-profit , it does not directly generate sales and use tax. However, as noted in the application letter, there are anticipated sales and use tax benefits based on the spillover benefits of the project. Additionally, staff would note that the code provides the following: "The City Council may by :X majority vote approve exceptions to the provisions of this division when such exceptions are found to be in the public 's interest and such exceptions provide substantial benefit to the City." The agreement establishes that a total of $22,070 of fees and taxes are eligible to be refunded . However, the agreement does not establish what percentage of those fees should be refunded. The City will expend staff time conducting plan review and inspections on this project. If Council wishes to recover a portion of those expenses , it would be appropriate to consider a refund request of less than 100%. In making a motion, City Council should designate a fixed percent of fees to be waived through the agreement. Following are examples of the amount of fees that would be waived under four different scenarios: • 25 % fee refund = $5 ,517 .50 • 50 % fee refund = $11 ,035.00 • 75 % fee refund = $16 ,552.50 • I 00% fee refund = $22 ,070 .00 RECOMMENDED MOTION: "I move to approve Resolution No . 19-2013 , a resolution authorizing the execution of an agreement with Seniors ' Resource Center to participate in the Wheat Ridge Business Development Zone Program for a rebate of 1 00% of the eligible City fees , charges and taxes in association with the improvements to 3227 Chase Street in Wheat Ridge." Or, Council Action Form -SRC Agreement June 24, 2013 Page 5 "I move to postpone indefinitely Resolution No. 19-2013 , a resolution authorizing the execution of an agreement with Seniors' Resource Center to participate in the Wheat Ridge Business Development Zone Program for a rebate of 100% of the eligible City fees , charges and taxes , for the following reason(s) " REPORT PREPARED BY: Steve Art, Economic Development and Urban Renewal Manager Patrick Goff, City Manager ATTACHMENTS: I. Resolution19-2013 2. BDZ Agreement 3. SRC Application Letter CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 19 Series of 2013 TITLE: RESOLUTION NO. 19-2013-A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH SENIORS' RESOURCE CENTER TO PARTICIPATE IN THE WHEAT RIDGE BUSINESS DEVELOPMENT ZONE PROGRAM FOR A REBATE OF 100% OF THE ELIGIBLE CITY FEES, CHARGES AND TAXES IN ASSOCIATION WITH THE SITE IMPROVEMENTS TO 3227 CHASE STREET WHEREAS, the City has adopted as a portion of the Wheat Ridge Code of Laws ("Code") Chapter 22, Article I, Division 5, "Business Development Zone" (the "Program"), to encourage, in part, continued development and expansion of opportunities for employment in the private sector in the City; and WHEREAS, Seniors' Resource Center (SRC) has applied to participate in the Program and a public hearing was posted and conducted; and WHEREAS, Owner is the owner and operator of real property and improvements thereon within the City and known as the "Seniors' Resource Center," which provides services to area senior citizens including, but not limited to adult day and respite care, transportation services and job training; and WHEREAS, pursuant to Code Sec . 22-86 (b), the City Council has designated the real property owned by the Seniors ' Resource Center as a "Wheat Ridge Business Development Zone"; and WHEREAS, Owner plans to make significant improvements to the 93-year old Seniors' Resource Center facility, and following said improvements, it anticipates the ability to offer more efficient services to area senior citizens; and WHEREAS, while such increased services will not directly impact City revenue, the indirect benefits of having additional visitors to the area, providing valuable outlets and training for area senior citizens and providing additional employment opportunities for those working for the Seniors ' Resource Center (both during construction and as employees of the Center) are anticipated to be beneficial to the City; and WHEREAS, the Program allows the City to provide for the sharing of certain categories of fees, taxes and other business development-related charges for new development within the business development district ("Eligible City Fees, Charges and Taxes" as defined in Code Sec. 22-87 (2)) to the extent allowed by an agreement with a business owner; and WHEREAS, cost-sharing at the rate prescribed herein will serve to aid the expansion of the Seniors' Resource Center in that it will alleviate a portion of the costs associated with the expansion. NOW, THEREFORE , in consideration of the foregoing , and the covenants , promises, and agreements of each of the Parties hereto , to be kept and performed by each of them , the Parties agree as follows: To execute an Agreement Pursuant to the Business Development Zone Program wherein an amount of 100% of fees and use-tax generated will be rebated to the Seniors' Resource Center. DONE AND RESOLVED this 24th day of June , 2013. Jerry DiTullio , Mayor ATIEST: Janelle Shaver, City Clerk AGREEMENT TO PARTICIPATE IN THE CITY OF WHEAT RIDGE BUSINESS DEVELOPMENT ZONE PROGRAM This Agreement to Participate in the City of Wheat Ridge Business Development Zone Program (this "Agreement ") is made and entered into as of the 24th day of June, 2013 , by and between SENIORS ' RESOURCE CENTER, 3227 Chase Street, Denver, Colorado 80212 , hereinafter referred to as the "Owner" and the CITY OF WHEAT RIDGE , COLORADO , 7500 W. 29 1h A venue , Wheat Ridge , Colorado 80033 hereinafter referred to as the "City," collectively the "Parties," and each individually, as a "Party." WHEREAS , the City has adopted as a portion of the Wheat Ridge Code of Laws ("Code") Chapter 22 , Article I, Division 5, "Business Development Zone" (the "Program"), to encourage, in part, continued development and expansion of opportunities for employment in the private sector in the City ; and WHEREAS , Owner has applied to participate in the Program ; and WHEREAS , Owner is the owner and operator of real property and improvements thereon within the City and known as the "Seniors' Resource Center," which center provides services to area senior citizens including, but not limited to adult day and respite care, transportation services and job training ; and WHEREAS , pursuant to Code Sec. 22-86 (b), the City Council has designated the real property owned by the Seniors ' Resource Center as a "Wheat Ridge Business Development Zone "; and WHEREAS , Owner plans to make significant improvements to the 93-year-old Seniors ' Resource Center facility , and following said improvements , it anticipates the ability to offer more efficient services to area senior citizens ; and WHEREAS , while such increased services will not directly impact City revenue , the indirect benefits of having additional visitors to the area, providing valuable outlets and training for area senior citizens and providing for additional employment opportunities for those working for the Seniors' Resource Center (both during construction and as employees of the Center) are anticipated to be beneficial to the City; and WHEREAS , the Program allows the City to provide for the sharing of certain categories of fees , taxes and other business development-related charges for new development within the business development district ("Eligible City Fees , Charges and Taxes" as defined in Code Sec. 22-87 (2)) to the extent allowed by an agreement with a business owner; and WHEREAS , cost-sharing at the rate prescribed herein will serve to aid the expansion of the Seniors ' Resource Center in that it will alleviate a portion of the costs associated with the expansiOn. NOW , THEREFORE , in consideration of the foregoing , and the covenants , promises , and agreements of each of the Parties hereto , to be kept and preformed by each of them , the Parties agree as follows: 1. Recitals The Recitals set forth above are incorporated in this Agreement by reference 2. Term The term of this Agreement shall commence on June 24 , 2013 and shall terminate December 31 , 2013 (the "Term"). Notwithstanding the foregoing , it is an express provision of this Agreement that this Agreement shall expire and be of no further force and effect upon the occurrence of the earlier to occur of: ( 1) expiration of the Term or (2) payment of the maximum amount to be shared as set forth in Paragraph 7 (whether or not the Term has expired), or (3) determination by the City of Owner's default , as provided in Paragraphs 13 or 15. 3. The Project The project proposed by the Owner through which it desires to participate in the Program consists of the following , generally: The construction/renovation process will include installation of new flooring and carpet, a partial replacement of plumbing as needed , the reconfiguration of rooms to better serve staffing and client needs and replacement of the aging HV AC system with a new , energy efficient model. The foregoing shall be collectively referred to herein as the "Project," and is more fully described below at Paragraphs 4 and 8. 4. Representations of Owner Pursuant to Code Sec. 22-94 , Owner hereby represents to the City the following : a. Improvements justifying Project approval. 1. Revitalization of older facility. Once the Project is completed , the 93 year old structure will have improved operational efficiencies. Further, Owner will be able to expand the services it offers to the community. 11. Estimated cost. The cost for the entire Project including the improvements described above is estimated to be $957 ,991. b. Expected incremental future tax revenue. Owner operates a non-profit organization. Any incremental future sales and use tax revenue will be indirectly, not directly generated by this Project. Benefits to the community which may generate future sales and use tax indirectly have been identified by the Owner as follows: 1. Short-term positive impact during construction. Prior to the completion of the Project , the construction period is projected to last SIX (6) months. During that time, the general contractor and sub-contractors will employee an estimated 25 to 30 employees. The estimated construction payroll for completion of the Project is $574 ,790 . 11. Long-term positive impact by addition of staff. With increased facilities and ability to increase services , Owner will employ more permanent staff. It is anticipated that at the completion of the Project , four to six (4-6) full-time 2 employees will be hired , representing an additional payroll increase of $129 ,787 annually. 111. An indirect benefit will be continued shopping by the seniors and their friends and family in the area , likely contributing to the City 's tax base. IV. A detailed list of anticipated benefits is found and attached hereto as Exhibit A and fully incorporated by this reference as additional representation of Owner, upon which the City relies. 5. Personal agreement; non-transferable; no third party beneficiaries The cost-sharing of Eligible City Fees, Charges and Taxes as approved herein shall constitute a personal agreement between the City and Owner. The terms of this Agreement do not run with the land. The obligations , benefits and /or provisions of this Agreement may not be assigned in whole or in any part without the express authorization of the City Council. No third party shall be entitled to rely upon or enforce any provision hereof. 6. Agreement not to constitute debt or obligation of the City Nothing herein shall be construed to constitute a debt or obligation of the City. N otwithstanding any other provision of this Agreement to the contrary, the Parties understand and acknowledge that the City is subject to Article X, § 20 of the Colorado Constitution ("TABOR"). This Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and , therefore , notwithstanding anything in this Agreement to the contrary, all payment obligations of the City are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the City 's current fiscal period ending upon the next succeeding December 31. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated , budgeted , and otherwise made available in accordance with ordinances and resolutions of the City and other applicable law. 7. Cost-sharing a. Estimated Eligible City Fees, Charges and Taxes. The following are estimates of the Eligible City Fees , Charges and Taxes which are the subject of the cost-sharing herein. 1. Use tax: SEVENTEEEN THOUSAND DOLLARS ($17 ,000); 11. Building permit and plan review fees: FIVE THOUSAND AND SEVENTY DOLLARS ($5 ,070); 11. Total estimated Eligible City Fees , Charges and Taxes: TWENTY TWO THOUSAND AND SEVENTY DOLLARS ($22 ,070). b. Expected Incremental Future Sales and Use Tax Revenue. The Expected Incremental Future Sales and Use Tax Revenue, as such term is defined in Code Sec. 22-87 (2), is$ 0.00. 3 c. Cost-sharing. Pursuant to Code Sec. 22-88 , cost-sharing of the Eligible City Fees , Charges and Taxes may be granted up to the Expected Incremental Future Sales and Use Tax Revenue. However, it is anticipated that the Incremental Sales and Use Tax Revenue received from the Project is currently projected to be $0 .00. Notwithstanding th e foregoing, and in reliance upon the representation of Owner of the benefits to the City of the Project, the City and Owner agree to the cost-sharing for the Eligible City Fees , Charges and Taxes as follows: 100% of the Eligible City Fees, Charges and Taxes shall be due and paid to the City by Owner. Upon receipt thereof, the City shall refund 100% ofl such Eligible City Fees, Charges and Taxes back to the Owner in 1 full payment Term described in Paragraph 2 herein. In no event shall the City be obligated to refund more than 100% of eligible City Fees, Charges and axes received by it. 8. Legal challenge In the event of legal challenge to the Program as applied to Owner, any costs scheduled to be shared-back to Owner shall be escrowed until resolution of the dispute. 9. Waiver of Code requirements To the extent any requirements of Code Sees. 22-85 through 22-96 have been waived , such waiver has occurred pursuant to Code Sec. 22-93 (c) whereby the City Council has found by a ~ majority vote that such waiver is in the public's interest and will provide a substantial benefit to the City. 10. No joint venture Pursuant to Code Sec. 22-95 , nothing herein shall be construed to create a joint venture between the City and Owner. Notwithstanding any provision hereof, the City shall never be a joint venture in any private entity or activity which participates in the Program , and the City shall never be liable or responsible for any debt or obligation of any participant , including the Owner, in the Program. 11. Use of funds Pursuant to Code Sec. 22-89 , Owner expressly acknowledges and agrees that any Eligible City Fees , Charges and Taxes refunded to the Owner under this Agreement , up to the amount agreed upon by the City Council pursuant to this Agreement may only be used for the purpose of the Project, as described in Paragraph 12, on Owner's Property within the underlying business development zone. 12. Uses enumerated Pursuant to Code Sec. 22-90, the uses to which the Eligible City Fees , Charges and Taxes may be put by the Owner shall be strictly limited to those which are approved by the City Council and which relate directly to the Project within the City, which Project is anticipated to 4 indirectly generate more municipal sales and use tax revenues for the City in the future . Uses hereby expressly approved by City Council are as follows: • Installation of new flooring and carpet • A partial replacement of plumbing as needed ; • The reconfiguration of rooms to better serve staffing and client needs; and • Replacement ofthe aging HVAC system with a new, energy efficient model. This remodel to the existing headquarters will do four things: • Increase the energy efficiency; • Create more efficient work space for several departments including transportation , in home care , care management, and community marketing department ; • Increase the space for new volunteer positions to help provide new services ; and • Improve the capacity to serve and allow 25 % increased services by the year 2018 . 13. No Covenant to construct or to operate The intent of this Agreement is to provide for Owner's participation in the Program, in the event that Owner completes the Project. Notwithstanding any provision in this Agreement to the contrary, Owner shall have no obligation under this Agreement to complete the Project. In the event Owner fails to complete the Project, this Agreement may be terminated at the option of the City. 14. Remedies The Owner waives any constitutional claims against the City arising out of a breach of this Agreement. The Owner's remedies against the City under this Agreement are limited to breach of contract claims. In no event shall the City be liable for any form of damages , including without limitation: exemplary, punitive or consequential damages , including economic damages and lost profits. 15. Termination In the event Owner fails to comply with one or more of the terms of this Agreement, City may, in its sole discretion , terminate this Agreement. 16. Indemnification To the fullest extent permitted by law, Owner agrees to indemnify and hold the City harmless from any damage , liability or cost (including reasonable attorneys ' fees and cost of defense) to the extent caused by the Owner's negligent acts , errors or omissions in the performance of this Agreement and those of its sub-contractors , sub-consultants or anyone for whom the Owner is legally liable. To the extent pennitted by the Colorado Constitution and statutes , the City agrees to indemnify and hold the Owner harmless from any damage, liability or cost (including reasonable attorneys ' fees and costs of defense) to the extent caused by the City 's negligent acts , errors or omissions arising from this Agreement. These defense and indemnification obligations shall survive the expiration or termination of this Agreement. The Parties acknowledge that the provisions of this Paragraph are not intended to waive or alter any 5 of the rights and defenses afforded to the City under the common law , the Colorado Governmental Immunity Act, C.R.S. §§ 24-10-101 , et. seq. or any other law. 17. Severability If any part, term or provision of this Agreement or the Program is held by a court of competent jurisdiction to be illegal or in conflict with any law of the State of Colorado, the validity of the remaining portions or provisions shall not be affected , the rights and obligations of the Parties shall be construed and enforced as if the Agreement did not contain the particular part, tenn or provision held to be invalid , and the Parties shall cooperate to cure any legal defects in the Agreement or the Program. Should the sharing of Eligible City Fees , Charges and Taxes pursuant to this Agreement be judicially adjudged illegal , invalid or unenforceable under the present or future laws effective during the Tenn of this Agreement by a court of competent jurisdiction in a final , non-appealable judgment, the Parties shall utilize their best, good faith efforts to restructure this Agreement or enter into a new agreement consistent with the purposes of this Agreement. Should the Parties be unsuccessful in their efforts, the Agreement shall tenninate without penalty or recourse to either Party. 18. Governing law; venue The laws ofthe State of Colorado shall govern the validity, performance and enforcement of this Agreement. Should either Party institute legal suit or action for enforcement of any obligation contained herein , it is agreed that venue of such suit or action shall be proper and exclusive in the district court for Jefferson County, Colorado. 19. Notices All notices required or permitted under this Agreement shall be in writing and shall be hand delivered or sent by certified mail , return receipt requested , postage prepaid , to be addressed to the Pat1ies set forth below. All notices so given shall be considered effective upon the earlier of the actual receipt or seventy-two (72) hours after deposit in the United States Mail with the proper address. Either Party by notice so given may change the address to which future notices shall be sent: Notice to the City: Copy to: Notice to the Owner: City Manager City of Wheat Ridge 7500 W. 29th Ave. Wheat Ridge, CO 80033 City Attorney City of Wheat Ridge 7500 W. 29th Ave. Wheat Ridge, CO 80033 John Zabawa Seniors ' Resource Center 3227 Chase Street Denver, CO 80212 6 20. Entire agreement-amendments This Agreement embodies the whole agreement of the Parties . There are no promises , terms , conditions , or obligations other than those contained herein , and this Agreement shall supersede all previou s communications , representations or agreements , either verbal or written , between the Parties hereto. This Agreement may be amended only by written agreement between the Owner and the City acting pursuant to City Council authorization. 21. Effective date This Agreement shall be effective and binding upon the Parties upon the date first set forth above. IN WITNESS WHEREOF , Owner and City have each caused this Agreement to be executed by their authorized representatives. State of Colorado County of Jefferson ) ) ) OWNER SENIORS ' RESOURCE CENTER By: ----------------------------Name: John Zabawa Title: President/CEO ss. The foregoing Agreement was acknowledged before me this _ day of ___________ . , 2010 , by John Zabawa as President of Seniors ' Resource Center. WITNESS MY HAND AND OFFICIAL SEAL. My Commission expires: ______________ _ NOTARY PUBLIC 7 CITY OF WHEAT RIDGE ATTEST: Name: Janelle Shaver Title: City Clerk By: ________________________ _ Name: Jerry DiTullio Title: Mayor Approved as to Fonn Gerald E. Dahl , City Attorney 8 Wheat Ridge Additional Employment Longer range community benefits will occur as SRC grows staff to meet the increasing senior needs. When the renovation is completed, we will be able to grow our staff. Within the next two years we project to expand staff by 4-6 individuals, representing a payroll increase of $129,787 yearly. Currently SRC has a staff of 61 full time and 190 part time employees and a total payroll of over $4.7 million annually. The great majority of staff work out of the SRC Wheat Ridge headquarters. More than ten percent of staff are also Wheat Ridge residents. Since this is our headquarters, the work to repurpose our existing 93 year old building and improve our operational efficiencies will benefit the City of Wheat Ridge in the years ahead. We expect it will help us increase the number of Wheat Ridge seniors we serve in 2013 and into the future. Increases to Clients Served Over the Next Five Years Our Wheat Ridge location serves as the operational base for all of Seniors' Resource Center's programs which include: Adult Day and Respite services, In-home Care, Volunteer Services, Job Training, Care Management and Transportation Service. Last year, we were able to provide direct services to over 21,800 individuals including nearly 1,100 Wheat Ridge seniors. This remodel to our existing headquarters will do four things: • Increase the energy efficiency of our headquarters, • Create more efficient work space for several departments including transportation, in home care, care management, and our community marketing department, • Increase the space for new volunteer positions to help provide new services, • Improve our capacity to serve and allow us to increase services by 25°/o by the year 2018. Wheat Ridge is a special community and our relationship with the City continues to be a vital, important part of SRC doing business. Our business makes a great difference and our commitment to stay headquartered here is clear. I hope that our request for an abatement of fees will be considered thoroughly and look forward to answering questions that may arise. Thank you. * The total cost for the Phase Two project is $957,991. An estimate from our contractor for the building permit and plan review is $5,070 with a city use tax of $17,000. ESTIP and BD Z Ord inance Amendm ent s Augus t 11,2014 Page 2 BACKG RO UN D: In 2002 , the Wheat Ridge Code of Laws established the ESTIP , as defined in chapter 22 , division 5, section 22-73. The BDZ was established at the same time under the same chapter, division 5, section 22-85 . The goal of both programs is to provide incentives that will encourage the development of pri v ate sector jobs, revitalize deteriorating areas ofthe City, increase sales tax revenues , provide new or enhanced public improvements, and encourage the development , redevelopment and expansion ofbusinesses within the City. ESTIP provides an incentive for new business development or the expansion of existing sales tax producing businesses . The ESTIP rebates a portion or all of the sales tax increment generated by a specific project for a specified period of time with a maximum amount that can be rebated. Increment is defined as sales tax revenues generated over a base level. The base le vel is calculated by using the previous 12 months of sales tax generation at that specific property. Any sales tax above that defined base lev el is considered the increment and can be rebated back to the business. The BDZ program authorized a tool which allows the City Council to waive certain building pennit fees and building use taxes in association with new construction or rehabilitation projects throughout the City. As both programs are utili z ed to a greater degree, staff has identified some areas of the code that require amendments to improve the operations of the programs. In addition , City Council has requested specific changes to both programs to provide more definition regarding the requirements for receiving abatement or sharing of eligible fees , charges and taxes . The primary proposed amendments to both programs include : • The current ESTIP requires enhanced sales taxes of at least $5 ,000 before a project would be eligible for the program . Council direction was received to increase this minimum threshold to $10 ,000. • Both programs reference an "application" requirement. Neither program has a fonnal application and requires only a request to the City 's economic development division or City Manager's Office to initiate the process. Staff recommends that all references to "application" be changed to "agreement". • Both programs reference "the one percent of sales and use tax eannarked for the capital improvement fund ." This earmark no longer exists and staff recommends that these sections be deleted. • BDZ approvals shall be based upon the capital expenditure by the requesting party. A minimum of $250 ,000 in private investment into the project must be made to be eligible for the program . For investments between $250 ,000 and $499 ,999 a project is eligible for a rebate of up to 25 % of eligible city fees , charges and taxes; 50% for investments of $500,000 to $999 ,999 ; and 75 % for investments of $1 ,000 ,000 or higher. ESTIP and BDZ Ordinan ce Amendment s Au gust 11,2014 P age 3 RECOMMENDED MOTION: "I move to approve Council Bill No. 07-2014, an ordinance concerning economic development, and in connection therewith, amending the Enhanced Sales Tax Incentive Program and Business Development Zone program within the City, on second reading, and that it take effect 15 days after final publication." Or, "I move to postpone indefinitely Council Bill No. 07-2014 , an ordinance concerning economic development, and in connection therewith , amending the Enhanced Sales Tax Incentive Program and Business Development Zone program within the City, for the following reason(s) " REPORT PREPARED BY; Gerald Dahl , City Attorney Steve Art, Economic Development Manager Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 07-2014 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STARKER COUNCIL BILL NO. 07-2014 ORDINANCE NO. ___ _ Series 2014 TITLE: AN ORDINANCE CONCERNING ECONOMIC DEVELOPMENT, AND IN CONNECTION THEREWITH, AMENDING THE ENHANCED SALES TAX INCENTIVE PROGRAM (ESTIP) AND BUSINESS DEVELOPMENT ZONE (BDZ) PROGRAM WITHIN THE CITY WHEREAS , the City of Wheat Ridge is a home rule municipality operating under a charter approved by the electorate pursuant to Article XX of the Colorado Constitution ; and WHEREAS , the Wheat Ridge City Council , in the exercise of its power to adopt ordinances for the general welfare of the City, has previously adopted Divisions 4 and 5 of Article 1 of Title 22 of the Wheat Ridge Code of Laws, specifically, the "Enhanced Sales Tax Incentive Program," and the "Business Development Zone Program ," and WHEREAS , the City Council finds that the two programs have served a valuable public purpose in attracting new and revitalized businesses to the City; and WHEREAS , in order to improve the operation of the Programs and to eliminate internal inconsistencies between them , the Council finds that the Code of Laws provisions governing the Programs should be amended. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE , COLORADO : Section 1. Enhanced Sales Tax Incentive Program Amended: Division 4 of Article I of Title 22 of the Wheat Ridge Code of Laws, entitled "Enhanced Sales Tax Incentive Program ," is hereby amended to read: Sec. 22-73. Program established. There is hereby establ ished within the city an enhanced sales tax incentive program . Sec. 22-74. Purpose. The purpose of the enhanced sales tax incentive program created by this division is to encourage the establishment and/or substantial expansion of retail sales tax generating businesses within the city, thereby stimulating the economy of and within the city , thereby providing employment for residents of the city and others , thereby further expanding the goods available for purchase and consumption by residents of the city , and further increasing the sales taxes collected by the city, which increased sales tax collections will enable the city to provide expanded and improved municipal services to and for the benefit of the residents of the city , while at the same time providing public or public-related improvements at no cost , or at deferred cost , to the city and its taxpayers and residents. Sec. 22-75. Definitions. The following words , terms and phrases , when used in this division , shall have the meanings ascribed to them in this section , except where the context clearly indicates a different meaning: Enhanced sales tax shall mean the amount of sales tax collected by the city over and above a base amount negotiated by, and agreed upon by, the applicant and the city , and which amount is approved by the city counc i l, which base amount shall never be lower than the amount of sales taxes collected by the city at the property in question in the previous twelve (12) months plus a reasonable and agreed upon percentage of anticipated increase in sales taxes , or, in the case of a newly established business, an amount which represents the good faith determ ination by the applicant and the city as to the amount of sales taxes wh ich could be generated from the new business without the participation by applicant in the ESTIP created under this division . ESTIP means the enhanced sales tax incentive program created under this division . Owner or proprietor shall mean the record owner or operator of an individual business , or, in the case of a shopping center, the owner of the real property upon which more than one (1) business is operated , provided that the owner (whether an individual , corporation , partnership or other entity) is the owner or lessor of the individual businesses operated thereon . Sec. 22-76. Participation. Participation in ESTIP shall be based upon approval by the city council exercising its legislative discretion in good faith. Any owner or proprietor of a newly established or proposed retail sales tax generating business or location , or the owner or proprietor of an existing retail sales tax generating business or location which wishes to expand substantially , may apply to the city for inclusion within the ESTIP provided that the new or expanded business is reasonably likely , IN THE COUNCIL 'S JUDGMENT, to generate enhanced sales taxes of at least five thousand dollars ($5 ,000.00) TEN THOUSAND DOLLARS ($1 0,000) in the first year of operation. 12 MONTHS FOLLOWING THE APPROVAL OF AN AGREEMENT . Sec. 22-77 . Approval of agreement; use of funds generally. Approval by the city council of an agreement implementing this ESTIP shall entitle the successful applicant to share in enhanced sales taxes derived from applicant's property or business in an amount which shall not in any event exceed the enhanced sales taxes ; provided , however, that THE applicant may use such amounts only for public and/or public-related purposes such as those specified herein and which are expressly approved by the city council at the time of consideration of the application. The time period in which the enhanced sales taxes may be shared shall not commence until all public or public-related improvements are completed , and shall be limited by the city council , in its discretion , to a specified time , or until a specified amount is reached. Sec. 22-78. ELIGIBLE Uses enumerated. The uses to which the shared enhanced sales taxes may be put by an applicant shall be strictly limited to those which are public or public-related in nature. For the purposes of this division , public or public-related purposes shall mean public improvements, including but not limited to streets , sidewalks , curbs , gutters , pedestrian malls , street lights , drainage facilities , landscaping , decorative structures, FACADES , statuaries , fountains , identification signs, traffic safety devices, bicycle paths , off-street parking facilities , benches , restrooms , information booths , public meeting facilities , and all necessary, incidental , and appurtenant structures and improvements , together with the relocation and improvement of existing utility lines, and any other improvements of a similar nature which are specifically approved by the city council upon the city council's finding that sa id improvementS are public or public-related improvements , and that such improvements shall enhance the competitive position of the applicant within the Denver metropolitan area marketplace . Sec. 22-79. Increments, sharing of funds. The base figure for sales taxes shall be divided into twelve (12) monthly increments, which increments are subject to agreement between the parties , and approval by the city council , and which increments shall be reasonably related to the average monthly performance of the business or property in question , or similar businesses in the area (i.e. adjust for seasonal variations). If in any month the agreed upon figure is not meet by THE applicant so as to create enhanced sales tax for that month , no funds shall be shared with THE applicant for that month , and no increment shall be shared until that deficit, and any other cumulative deficit, has been met, so that at the end of any twelve-month cycle , NO funds HAVED BEEN SHARED in excess of THE AGREED enhanced sales taxes . agreed to be shared shall not have been shared with any applicant. Sec. 22-80. Revenues restricted. It is an overriding consideration and determ ination of the city council that ex isting sources of city sales tax revenues shall not be used , impaired , or otherwise affected by this ESTIP enhanced sales tax incentive program . Therefore , it is hereby conclus ively determined that only enhanced sales taxes generated by the properties described in an application shall be subject to division under this ESTIP . It shall be the affirmative duty of the treasurer SALES TAX DIVISION to collect and hold all such enhanced sales taxes in a separate account apart from the sales taxes generated by and collected from the other sales tax generating uses and businesses within the city and to provide an accounting system which accomplishes the overriding purpose of this section . .J.t is conclusively stated by tThe city council FINDS AND DECLARES that this division would not be adopted or implemented but for the provisions of this section. Sec. 22 81. Capital improvement fund. The one (1 ) percent of sales and use taxes earmarked for the capital improvement fund may be utilized in this ESTIP for public improvements so long as the same are 'Nithin the meaning of the phrase capital impro'lements as defined in the voter approved sales tax referendum previously held within the city , and provided that the same are found and determined by the city council to be capital improvements which could be provided by the city from the capital improvement fund but for the provision of such impro'lements by the applicant ; provided , however, that such use of capital impro'lement funds as part of this ESTIP shall be limited to the amount agreed pursuant to section 22 83 hereof; provided further , however, that nothing contained herein shall limit the city council in the determination to appropriate additional capital improvement funds for capital improvements affecting the property in question as a part of the city's regular appropriation and budget process. Sec. 22-821. Criteria for approval of application AGREEMENT. Approval of an application ESTIP AGREEMENT for inclusion in this ESTIP shall be given by the city council , at a public hearing , held as a portion of a regularly scheduled city council meeting . NOTICE OF WHICH HAS BEEN PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING . THE COUNCIL 'S DETERMINATION OF THE AMOUNT OF SALES TAX TO BE SHARED SHALL BE BASED UPON THE IDENTIFIED NEED OR VALUE THE BUSINESS OFFERS TO THE COMMUNITY IN TERMS OF SALES TAX GENERATION, INVESTMENT IN THE COMMUNITY OR INCREASED EMPLOYMENT based upon the following criteria: (1) The amount of enhanced sales taxes which are reasonably to be anticipated to be derived by the city through the expanded or new retail sales tax generating business ; (2) The public benefits which are provided by the applicant through public works , public improvements, additional employment for city residents, etc.; (3) The amount of expenditures which may be deferred by the city based upon public improvements to be completed by the applicant; ( 4) The conformance of the applicant's property or project with the comprehensive plan and zoning ordinances of the city; (5) The agreement required by section 22-832 having been reached, which agreement shall contain and conform to all requirements of section 22 83. (6) Approval shall be by motion adopted by a majority of the entire city council. Sec. 22-832. Agreement required. A) Each application f.or approval AGREEMENT submitted to the city council shall be subject to approval by the council solely on its own merits. Approval of an application shall require that an THE APPROVED agreement SHALL be executed by the owner and the city, AND which agreement shall , at a minimum, contain: ( 1) A list of those public or public-related improvements which justify applicant's approval, and the amount which shall be spent on such improvements; (2) The maximum amount of enhanced sales taxes to be shared, and the maximum time during which the agreement shall continue, it being expressly understood that any such agreement shall expire and be of no further force and effect upon the occurrence of the earlier to be reached of the maximum time of the agreement (whether or not the maximum amount to be shared has been reached) or the maximum amount to be shared (whether or not the maximum time set forth has expired); (3) A statement that THE AGREEMENT tffis is a personal agreement which is not transferable and which does not run with the land; (4) That THE tffis agreement shall never constitute a debt or obligation of the city within any constitutional or statutory provision; (5) The base amount which is agreed upon by month, and the fact that if, in any month as specified, sales taxes received from the property do not at least equal such amount, that there shall be no sharing of funds for such month; (6) The base amount shall be agreed upon which shall consider the historic level of sales at the property in question, or a similar property within the area in the event of a new business , and a reasonable allowance for increased sales due to the improvements and upgrades completed as a result of inclusion within this program ; (7) A provision that any enhanced sales taxes subject to sharing shall be escrowed in the event there is a legal challenge to this enhanced sales tax incentive program or the approval of any application therefor ; (8) An affirmative statement that the obligations , benefits , and/or provisions of this agreement may not be assigned in whole or in any part without the expressed authorization of the city council , and further that no third party shall be entitled to rely upon or enforce any provision hereof; (9) Any other provisions agreed upon by the parties and approved by the city council. B) APPROVAL SHALL BE BY MOTION ADOPTED BY A MAJORITY OF THE ENTIRE CITY COUNCIL. Sec. 22-843. NO Jjoint ventureR; liability. The city council has enacted this ESTIP as a joint benefit to the public at large and to private owners for the purposes of providing the city with increased sales tax revenues generated upon and by properties improved as a result of this program ; public i mprovements being completed by private owners through no debt obligation be ing incurred on the part of the city , and allowing applicants an opportunity to improve properties which generate sales activities , which improvements make those properties more competitive in the marketplace and further provide to the applicant additional contingent sources of revenues for upgrading such properties . The city council specifically finds and determines that creation of this ESTIP is consistent with the city's powers as a home rule municipal corporation , and that exercise of such powers in the manner set forth herein is in furtherance of the public health , safety and welfare. Notwithstanding any prov ision hereof, BY ADOPTING THIS PROGRAM AND APPROVING AGREEMENTS UNDER THE SAME , the city shall never be a joint ventureR in any private entity or activity which participates in this ESTIP and the city shall never be liable or responsible for any debt or obligation of any participant in ESTIP . Section 2. Business Development Zone Program Amended. Division 5 of Article I of Title 22 of the Wheat Ridge Code of Laws is amended to read : Sec. 22-85. Program established. There is hereby established with in the city the "Wheat Ridge Business Development Zone" program . Sec. 22-86. Legislative declarations. (a) The city council of the city hereby finds and declares : (1) That the health, safety and welfare of the people of this city are in large part dependent upon the continued encouragement, development and expansion of opportunities for employment in the private sector in this city ; (2) That there currently exists in this city businesses or vacant land which require new development or revitalization opportunities to overcome conditions of unemployment, underemployment , net out-migration of the population, diminution of tax revenues , chronic economic distress and blighting influences such as, but not limited to , deterioration of business districts, deterioration of public infrastructures , traffic and drainage problems or sudden severe economic dislocations; (3) That by creating new development, redevelopment or expansion opportunities for businesses within the city the city council will increase the likelihood that new and improved businesses will generate more municipal sales and use tax revenues for the city in the future . (b) It is therefore declared to be the policy of the city , in order to provide incentives for private enterprises to expand or for new businesses to locate in the city , to develop a program which empowers the city council to designate portions of the city as a "business development zone" and to provide for the abatement of certain categories of fees, taxes and other business development-related charges for new development or redevelopment within such districts . (c) The city council has enacted this division 5 of article I of chapter 22 of the Code of Laws as a joint benefit to the public at large and to private owners for the purposes of reducing blight in our business districts and of providing the city with increased sales and use tax revenues generated upon and by properties i mproved as a result of this program and allowing owners and proprietors opportunities to improve properties which generate sales activities AND CREATE ADDITIONAL EMPLOYMENT OPPORTUNITIES , which improvements make those properties more competitive in the marketplace and further provide to owners and proprietors additional contingent sources of revenues for t~-RUPgrading such properties. (d) The city council specifically finds and determines that creation of this "business development zone" division and the exercise of the powers enumerated herein are consistent with and promotes the public health , safety and general welfare of the citizens of Wheat Ridge. Sec. 22-87. Definitions. As used in this division , the following phrases shall have the following meanings unless the context clearly indicates another meaning: (1) The phrase eligible city fees , charges and taxes shall mean and shall be limited to use tax on furniture and fixtures associated with the initial development or redevelopment "project ," use tax on building materials , building permit fees and zoning fees. (2) The phrase expected incremental future sales and use tax revenue shall mean the amount of the additional sales and use tax revenue , as projected by the city , expected to be generated during the council-designated time period from the time of completion of the "project" over and above the sales and use tax fees generated on the premises in the twelve (12) months preceding the application described in section 22-88 . (3) The phrase owner or proprietor shall mean the record owner, tenant or operator of an individual business or, in the case of a shopping center, the owner of the real property upon which more than one business is operated . ( 4) Project shall mean the specific development or redevelopment expenditures which relate both to the abatement of "eligible city fees , charges, and taxes" and "expected incremental future sales and use tax revenues ." Sec. 22-88. Participation. Participation in the business development zone program shall be based upon approval by the city council , exercising its legislative discretion in good faill::\. Any owner or proprietor of an established, proposed or newly purchased business , or the owner or proprietor of an existing business which wishes to expand AND INVEST AT LEAST $250,000 IN PRIVATE IMPROVEMENTS IN THE PROJECT, may apply to the city for inclusion within the program . Abatement or sharing of eligible city fees , charges, and taxes shall, upon approval of the application AGREEMENT by the city council , be granted up to the amount of expected incremental future sales and use tax re·1enue to be generated by the project during the agreed to time period ACCORDING TO THE FOLLOWING REBATE SCHEDULE: Amount of Investment in Project Eligible City Fees, Charges and Taxes Rebate $250,000 to $499,999 25% $500 ,000 to $999,999 50% $1 ,000 ,000 or higher 75% Sec. 22-89. Approval of agreement; use of funds generally. Approval by the city council of an agreement implementing the provisions of this division shall entitle the applicant to share in the eligible city fees , charges and taxes up to the amount agreed by the city council ; provided, however, that applicant may use such amounts only for the purpose of developing or redeveloping the business within the approved business development zone , which purposes shall be specifically enumerated in the agreement provided for in section 22-942 hereof. Sec. 22-90. Uses enumerated. The uses to which the eligible city fees , charges and taxes may be put by an appl icant shall be strictly limited to those which are approved by the city council and relate directly to the development or redevelopment of businesses with in the city, which developed or redeveloped businesses will generate more municipal sales and use tax revenues for the city in the future . Priority shall be given to aU businesses which make application for inclusion within this program aR9 who agree to utilize the eligible city fees , charges and taxes for the public or public-related purposes identified section 22-78 of this Code of Laws . Sec. 22 91. Increments, sharing of funds. The base figure for eligible city fees , charges and taxes shall be divided into t\velve (12) monthly increments , which increments are subject to agreement between the parties and approved by the city council , and 'A'hich increments shall be reasonably related to the amount of sales and use taxes generated on the premises in the twelve (12) months preceding the application received by the city for participation in this program . The accounting and payment prO'lisions of sections 22 7Q and 22 80 hereof are hereby declared to be applicable to any application approved hereunder. Sec. 22 92. Capital impro•.•ement fund. The one (1) percent of use taxes earmarked for the capital improvement fund may be utilized in this business development zone program for public improvements so long as the same are within the meaning of the phrase capital improvements as defined in the 'loter approved sales tax referendum pre'liously held within the city , and provided the public improvements are found and determined by the city council to be capital improvements which could be provided by the city from the capital improvement fund but for the provision of such improvements by the applicant. Sec. 22-931. Criteria for approval of AGREEMENT application. (a) Approval of A BDZ AGREEMENT an application for inclusion in this business development zone program shall be given by the city council , at a public hearing held as a portion of a regularly scheduled city council meeting , NOTICE OF WHICH HAS BEEN PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION AT LEAST SEVEN (7) DAYS PRIOR TO THE HEARING . THE COUNCIL 'S APPROVAL OF A BDZ AGREEMENT SHALL BE BASED UPON THE IDENTIFIED NEED OR VALUE THE BUSINESS OFFERS TO THE COMMUNITY IN TERMS OF SALES AND USE TAX GENERATION , INVESTMENT IN THE COMMUNITY OR INCREASED EMPLOYMENT based upon the following criteria: (1) The amount of expected incremental future sales and use tax revenue which can reasonably be anticipated to be derived by the city through the expanded or new tax generating business ; (2) The public benefits which are provided by the applicant through public works , public improvements , additional employment for city residents , etc .; (3) The amount , if any, of city expenditures which may be deferred based upon public improvements to be completed by the applicant; ( 4) The conformance of the applicant's property or project with the comprehensive plan and zoning ordinances of the city; (5) The agreement required by section 22-942 hereof having been reached, which agreement shall contain and conform to all of the requirements of such section . (b) Approval of any applisation AGREEMENT shall be made by motion adopted by a majority of the entire city council. (s) The sity sounsil may by three fourths (%) majority vote approve exseptions to the provisions of this division when sush exseptions are found to be in the publis's interest and sush exseptions provide substantial benefit to the sity. Sec. 22-942. Agreement required. Each applisation AGREEMENT for approval to the sity sounsil shall be subject to approval by the council solely on its own merits. Approval of one applisation AGREEMENT shall not require, or be deemed precedent for, approval of any other applisation AGREEMENT. Approval of an applisation AGREEMENTS shall require that an agreement be executed by the owner and the city, AND whish THE agreement shall , at a minimum contain: (1) A list of those publis or publis related improvements which justify applicant's approval, and the amount which shall be spenaT on such improvements; (2) The maximum amount of expected incremental future sales and use tax revenue; and the maximum time during ·.vhish the agreement shall sontinue, it being expressly understood that any sush agreement shall expire and be of no further foroe and effest upon the ossurrense of tho earlier to be rea shed of the maximum time of the agreement (whether or not the maximum amount to be shared has been reashed) or the maximum amount to be shared (whether or not the maximum time set forth has expired); (3) A statement that this is a personal agreement which is not transferable and which does not run with the land ; (4) A STATEMENT +that this agreement shall never constitute a debt or obligation of the city within any constitutional or statutory provision ; (5) The base amount whish is agreed upon by month , and the fast that if, in any month as spesified , expested insremental future sales and use tax revenue received from the property does not at least equal such amount, that there shall be no sharing of funds for such month ; (6) The base amount shall be agreed upon , which shall consider the use taxes generated by the property in question , or a similar property within the city in the event of a new business ; (7) A provision tThat any expected incremental future sales and use tax revenue shall be escrowed in the event there is a legal challenge to this business development zone program ; (8) An affirmative statement that the obligations , benefits and/or provisions of this agreement may not be assigned in whole or in any part without the expressed authorization of the city council , and further that no third party shall be entitled to rely upon or enforce any provision hereof; (9) Any other provisions agreed upon by the part ies and approved by the city counci l. Sec. 22-9&3. NO .Jjoint ventureR liability. The city counc il has enacted th is business development zone as a joint benefit to the public at large and to private owners for the purposes of providing the city with increased tax revenues generated upon and by properties improved as a result of this program ; public improvements being completed by private owners through no debt obligat ion be ing incurred on the part of the city , and allowing applicants an opportunity to improve properties which generate sales and other business activities . The city council specifically finds and determines that creation of this business development zone is consistent with the city's powers as a home rule municipal corporation , and that exercise of such powers in the manner set forth herein is in furtherance of the public health , safety and welfare. Notwithstanding any provision hereof, the city shall never be a joint ventureR in any private entity or activity which participates in this business development zone program , and the city shall never be liable or responsible for any debt or obl igation of any participant in this business development zone . Sec. 22-964. ESTIP and TIF. If the applicant, owner or proprietor participates in the city's Enhanced Sales Tax Incentive Program ("ESTIP ") or if the owner's or proprietor's business is located in an urban renewal area in which all or a portion of sales tax revenues have been pledged as part of a tax increment financing program , he or she shall be ineligible for participation in this business development zone program . Sees. 22-975-22-997. Reserved. Section 3. Severability, Conflicting Ordinances Repealed . If any section , subsect ion or clause of this Ord i nance 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 ot her ordinances or parts of ordinances in conflict with the provis ions of this Ord i nance 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 7 to 0 on this 28th day of July, 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 August 11 , 2014 at 7:00p.m., in the Council Chambers , 7500 West 291h 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. ATTEST : Janelle Shaver, City Clerk First Publication: July 31 , 2014 Second Publication : Wheat Ridge Transcript Effective Date : Published: Joyce Jay, Mayor Approved as to Form Gerald E. Dahl , City Attorney Wheat Ridge Transcript and www .ci.wheatridge.co.us Proposed Zoning Code Updates March 2, 2015 Page 2 Proposed Short Term Amendments (2015) Accessory Dwelling Units Issue: Accessory dwelling units (ADUs) are generally smaller, self-contained residential units built on the same lot as an existing single family home. Common ADUs include carriage house apartments , mother-in-law suites , or units above a large detached garage. These are not pennitted by the current code in most single family zone districts , but ADUs are increasingly common in other cities to encourage infill investment, to allow family members to age in place, and to increase housing affordability. Any proposed code amendment should be coordinated with the recommendations of the Housing and Aging Task Force and the Housing Diversification Strategy. Microbreweries Issue : The zoning code currently does not address microbreweries , which typically combine manufacturing, production , and retail functions. These businesses have become more prevalent in the region and are generally a use we would welcome to the City. Staff believes it would be beneficial to clearly define a microbrewery use and identify the zone districts in which the use would be pennitted. Exterior Lighting Standards Issue: The zoning code (Section 26-503) states that light emitted from exterior fixtures should fall within property boundaries . Many communities adopt more specific quantitative standards for different use areas (parking lots , sidewalks , building entries, etc.) Lacking theses standards , it is difficult for staff to conduct a substantive review of commercial/industrial exterior lighting plans. Quantitative standards would enable a more complete review of photometric lighting plans and better enforcement by the Community Services Team. Sign Code Issue: The sign code (Article VII of Chapter 26) has not kept up with changes in the sign industry and advancements in sign technology. In particular, regulations do not adequately differentiate between various types of changeable copy, digital , and electronic signs. Public input will be essential ; any proposed code amendment should be coordinated with City Council 's strategic goals related to commercial property maintenance. Commercial Mobile Radio Service (CMRS) Facilities Issue: The current legislation in Chapter 26-615 regarding commercial mobile radio service facilities (cellular communication towers) was adopted in 2000. The regulations are outdated and do not reflect current technology and nomenclature for various types of communication facilities. The process for approvals should be reviewed considering potential impact for building mounted , roof mounted , collocations and new freestanding facilities. Many of these approvals could be administratively reviewed instead of requiring public hearings. This amendment should also address satellite-receiving earth stations (Section 26-616) and private communication towers , antennas and devices (Section 26-617). " .. j., ... _.. City of ~WheatRi._dge ~ 1-..l;. ~PUBLIC WORKS Memorandu m TO: Patrick Goff, City Manager SJiJ FROM: Scott Brink, Director of Public Works DATE: February 18 , 2015 (for March 2, 2015 , Study Session) SUBJECT: Street Light Request Procedures As part of the 2015 budget approval process , the City Council authorized $1 0,000 for street light requests in residential areas. Prior to this action and over the past several years , no funds have been allocated or available to accommodate such requests. Residents who contacted the City to request a street light were informed that no requests could be accommodated as funds were not available. In some instances , residents were informed they could have their request added to a waiting list , in the event funding should become available at a later date . This list is available for the past five years . As a result of the recent action by Council , staff has drafted a policy and procedure for addressing requests , based on a combination of the former program used by Wheat Ridge and practices consistent with other municipalities. In general , the proposed draft considers the following : I. A standard or guideline for street lighting as follows: a. Light fixture and extension arm shall be a standard XCEL overhead bulb fixture as utilized throughout the City b. Existing XCEL or other utility poles shall be utilized if possible. The need for a new pole will be determined and the cost determined by XCEL. c. Street lights shall be installed only at street intersections and cui-de-sacs when the cul-de-sac street is longer than 300 feet , with the following exceptions : 1. Mid-block locations where the distance from existing lights is greater than 600 feet 2. Locations where a light may be justified for safety reasons (i.e., street curves, sightline issues , etc.). 2. The City shall absorb the installation and power costs . 3. Street lights shall be considered only for public streets. Alleys , driveways , and alleys shall not be eligible. Determination of Feasibility of a Street Light and Estimated Cost 1. Upon receiving a request, staff shall conduct a field review and verify feasibility and location prior to submitting to XCEL for review. 2. Location , estimated cost, feasibility (ability to install), and an installation schedule shall all be verified and determined by XCEL. Residential Street Light Installation Request Policy March 2, 2015 Page 2 Request Procedure and Petition Process 1. After location and feasibility of light installation has been verified by staff and XCEL, a petition form shall be provided to the requestor for circulation . 2. All properties bordering or adjacent to the proposed light location must sign (approve) the petition to assure that the proposed light does not become a nuisance to neighboring properties who are not a part of the request. 3. Upon receipt of a petition and verification of signatures , staff shall direct XCEL to move forward with scheduling and installation ofthe light. Based on available information , a typical street light installation cost at thjs time ranges anywhere from $3 ,000-$10,000. The variation in cost can greatly depend upon the specific location and availability of existing XCEL facilities such as poles, feed points , etc. Because of the limited available budget at this time, it is expected that requests will be filled on a first come first serve basis. It is staffs intent to notify residents who have been placed on a waiting list. If Council has any specific questions regarding implementation ofthis procedure and policy, please direct to staff. Otherwise, implementation of the policy will begjn accordingly . ATTACHMENT: 1. Street Light Petition Form and Policy Signers of this petition are hereby made aware that there exists a possibility that the light pole may be placed upon their property and by their signature, acknowledge their consent. ...~J .. REQUEST FOR STREET LIGHTING .... ~ City of .. ~"WheatRi__dge ~PUBLIC WORKS Service Request # LIGHT LOCATION DESCRIPTION: Address of Light: Section 1/4 Township ----!:3~8:.....___ Range _ .... 6:;.;:9;...:;.W,____ Grid Location Number(s) It has been proposed that a street light be installed in your block. Are you in favor of this proposal? Signature of Property Address Telephone No. Yes Owner Name of person circulating request: -------------------- Address: ___________ Telephone: _______ Date: ___ _ Attachment 1 No The City will pay the cost of the new street light installat ion . NOTE: 1) In order to have this petition processed , all those affected by the light must be in favo r of the installation. If you are currently renting the property, please have the owner of the property sign the petition. Please retu rn the signed petitio n to the City of Whea t Ridge , 7500 W. 29 1h Aven ue, Wheat Ridge , CO 80033 , Attn : Chuc k Braden . If yo u have any questions , please ca ll 303 -235 -2870 STREET LIG HT PRO CED URES Resi d ent -Requests a new street light by way of a service request either in per son at the Public Works Engineering D ivision at City Hall or by telephone to Public Works Engineering at 303 235 2861. • Supplies approximate location and contact person 's name address and telephone number . Pub lic Works - Does site ana lysis . • Determine the location of existing service & suggests new light location. Public Works-Provides information to contact person . • Proposed location • List of affected owners (with mailing addresses) • Aerial photo • Blank Petition Resident-Gets owner's signatures. Resident -Mails or de livers signed petition to Pub lic Works. Pub lic W orks-Mails signed petition and requ est for cost estimate to Xcel ENERGY. Xce l - D oes cost estimate and mai ls cost estimate to Public Works. (Xcel might su ggest di fferent loca tion). IfXcel proposes a different location the pet ition process might have to be redone . Public Works-Reviews estimate and location . Approve or disapprove estimate and location. Public Works-Notifies Xcel and the contact person of the decision . • If appro ved , Xcel will schedule installation. Xcel - Does in stallation. Bicycle and Pedestrian Improvements March 2, 2015 Page2 and timing of bicycle facility improvements with this year's overlay program provides a valuable opportunity. Currently, 32 11d A venue is striped for shared bicycle use and parking for the majority of the distance between 1-70 (Y oungfield) and Kipling. This westerly segment can essentially be upgraded to fully-dedicated bike lanes with sigt1age and additional markings as there is infrequent parking along the roadway. For the middle portion of 32 11 d Avenue (Kipling to Wadsworth), some additional widening of the roadway would be needed to provide bike lanes. Because of some physical restrictions and "pinch points" in various locations along the roadway (such as by Wheat Ridge High School), bike lanes may be limited to a width of three feet or less in some locations. However, staff feels that the safety gained by even a less-than-standard width could be highly beneficial. For the easterly portion from Wadsworth to Sheridan , adequate width exists to install bike lanes , provided on-street parking is eliminated. Similar to the westerly segtnent of 32 11d, very limited parking occurs. Miller Street/44th A venue Miller Street between 44th A venue and the I-70 South frontage road is proposed for resurfacing in 2015 , and is also designated for future bicycle/pedestrian improvements in the Master Plan. In addition , two very active schools bookend the segn1ent. Compass Montessori School is on the south and Mountain Phoenix School on the north. Staff is proposing that Miller Street be striped with a shoulder area for shared bicycle and/or pedestrian use as appropriate. In addition , staff is proposing that the existing pedestrian flashing signal at the 44th A venue crosswalk (for Compass Montessori pedestrian traffic) be replaced/upgraded with a newer, highly visible unit. 38th Avenue at Tabor Street Sidewalk Sidewalk and pedestrian issues are prevalent along the entire length of 38th A venue from Youngfield Street to Kipling Street. There are several gaps in the system and several segtnents are in poor condition. Upgrading facilities along the entire segtnent will likely require significant funding and several years to complete. However, a particular gap of nearly 200 feet along the south side of 38 1h near Tabor Street has been identified as a particular safety concern and is therefore proposed for improv ements . Other Projects for Consideration 35th Avenue (Sheridan Boulevard to Pierce Street and Upham Street) 35th Avenue is also shown on the Master Plan as a segtnent for bicycle and/or pedestrian facilities. The City of Denver is currently working on plans to upgrade 35th east of Sheridan to include bicycle facilities. City staff expects to meet with Denver staff sometime within the next couple of months as Denver continues to work towards finalization of their design. Wheat Ridge staff feels this is a project that could be considered for later this year (as timing and funding may allow), but more likely as a high priority project in 2016 . In addition to seeing Denver's final plan , staff anticipates that a public process with 35th A venue residents will also need to be engaged prior to moving forward with any improvements. Bicycle and Pedestrian Improvements March 2, 2015 Page 3 Oak Street Bridge In the Paramount Park neighborhood area , an existing wooden pedestrian bridge over the Rocky Mountain Ditch near Oak Street is aging and falling into disrepair. This bridge is shared by Wheat Ridge with the City of Lakewood. Staff proposes continuation of design efforts and coordination with the City of Lakewood through 2015 and to prepare a project (bridge replacement and approaches) for construction in 2016. Marshall Street (Harlan A venue to Clear Creek/ Arvada) Potential bicycle and pedestrian connections to neighboring communities have also been identified. This particular segment of Marshall Street is identified on the master plan, and the City of Arvada has installed bicycle facility markings and signage on Marshall from Clear Creek northward through their city. The segment in Wheat Ridge from Clear Creek to Harlan is currently marked with shoulder stripes and could easily be converted to dedicated bicycle lanes , with the addition of signage and re-striping. RECOMMENDATIONS: It is recommended that the City Council consider authorizing construction of the priority projects as discussed above for 2015. As shown in Attachment 1, the estimated costs for all of the projects exceed the budgeted amount of $100 ,000 . As a result , Council could consider the following options: I. Choose specific projects over others based on Council 's preference and availability of funds . In addition , 32"d A venue has been divided into three segments (west, middle, and east): Council could consider all or parts of 32"d A venue. As of this writing, staff is also reviewing pavement marking costs in terms of possibly allocating a portion of some costs to bike/ped improvements or absorbing some portion of costs through the pavement management program . 2. Allocate additional funds beyond the budgeted $100 ,000. 3. Consider delaying some projects to 2016 for construction. In addition to the design status of some projects mentioned above , such as 35 1h Avenue and the Oak Street Bridge, any projects requiring a fair amount of public process may not be doable in 2015. ATTACHMENTS: 1. Project Cost Estimate Table 2. Bike/Pedestrian Map ,. = Qa n ::r 3 Cl :I .. ... 1 2 3 4 5 6 7 8 9 Project Info Name 38th Ave & Tabor St 44th Ave & Miller St 32nd Ave West 32nd Ave Mid 32nd Ave East Miller St 35th Ave Oak St Bridge 48th Ave & Marshal St Type Sidewalk RRFB Bike Lanes Bike Lanes Bike Lanes Shoulder Sharrows Ped Bridge Bike Lanes All High Medium Low Bike /Pedestrian Potential Projects and Estimated Costs Cost Priority Project Data Estimate Rank Reason Length Location '-"' ..,.., ''-'Y $ 34 ,286 High Improve men 160 South side of 38th Ave , east & west of Tabor St $ 8,700 High Ped Safety lmprovemen NA Existing x-walk on 44th Ave east of Miller St $ 14,896 High Pending 8,600 32nd Ave between Xenon & Kipling Sts overlay $ 31,000 High Pending 7,800 32nd Ave between Kipling St & Wadsworth Blvd overlay $ 42,447 High Pending 7,800 32nd Ave between Wadsworth & Sheridan Blvds overlay $ 3,060 High Pending 1,700 Miller St between 44th PI & 1 -70 Frontage Rd S overlay $ 24,600 Medium Pending 6,700 35th Ave between Teller St & Sheridan Blvd slurry $ 105 ,700 Low Poor quality 80 RMD crossing between Morningside & Twilight Drs bridge $ 10,100 Low Arvada 2,700 48th Ave & Marshall St between 1 -76 & Harlan St $ 23,960 request Totals $ 274,789 $ 288 ,649 $ 134,389 $ 24,600 $ 115,800 $ 129,660 Neighborhood Traffic Management Program Update March 2, 2015 Page 2 be made to the Police and Public Works Departments to provide neighborhood education , selective traffic enforcement, or placement of a portable speed display trailer. Status and Update Since the NTMP was formally adopted in April oflast year, staff has received several inquiries and requests. How these requests are handled has depended upon the amount of neighborhood support for improvements in the request areas. As outlined in the program , at least five properties on a specific street segment must sign a request before initiation of a public process by the City will occur. As a result, several public processes have been engaged over the past year, including several public information meetings. Interest areas have included Balsam Street and Ammons Street north of 38th Avenue, Teller Street south of 38th Avenue, Miller Street and 35th A venue west of Kipling Street , Vivian Street south of 44th Avenue, and several other areas of inquiry. At public information meetings, staffs from both the Public Works and Police Departments have presented traffic and speed data , answered questions , and provided additional information as needed . A primary intent or goal at these meetings is to identify if a specific problem does indeed exist, possible ways to best address the problem , and then collectively determining with the neighborhood where the process should proceed. In some instances , residents at the meetings have collectively concluded they would like to pursue traffic calming measures (such as speed humps), while in other instances not. For example, residents in some areas expressed a preference for increased signage or speed monitoring and enforcement , rather than the installation of speed humps. Nevertheless , residents have or are currently circulating petitions to install traffic control measures in at least three segment areas . Per the NTMP policy, at lea st 80% of the affected residents must sign a petition in order to have speed humps or traffic calming measures installed . To date, a petition meeting requirements has been received from residents on Balsam Street (to be considered by Council on March 9), and petitions are also believed to be circulating in at least two other neighborhood segments. As a result of the very recent establishment of the program and the public process (and petition requirements) that necessitates broad neighborhood support, no actual traffic calming improvements have been constructed or installed as part of the program. However, staff expects at least some constructions to occur over the coming year as the public process continues to move forward on some segments , as new requests are received , and as residents become more aware of the program. ATTACHMENTS: 1. September 27 Study Session Memorandum and Attachments , including the following: a) Existing, Future Gateway and Proposed Minor Entryway Monument Map b) Neighborhood Entry Monument Map c) Reported Cut-Through Traffic Problem Map d) Cost Estimate for Neighborhood Monument Sign , Traffic Calming Island e) Cost Estimate for Minor Entryway Pillar Monument 2. Neighborhood Traffic Management Program (NTMP) .... ~j4' ..... r City of .. ~WheatRi_dge ~UBLIC WORKS Memorandum TO: Patrick Goff, City Manager FROM: Scott Brink , Director of Public Works DATE: September 27 , 2013 SUBJECT: Neighborhood Traffic Calming and Entryway Signage Program Introduction On May 20, 2013 , the City Council was presented with options for a Traffic Calming/Monument Sigt1age Program. Consensus from City Council was reached to have staff develop a program for a limited number of neighborhood identification signs and a separate program for temporary traffic calming devices. General directive to staff was as follows: 1. Identify specific locations for neighborhood monument signage using a budget amount of $100,000 2. Investigate the cost of temporary speed bumps, and if feasible , have the City Manager approve purchase 3. Develop a neighborhood traffic control program as an option for next year's budget At the August 5, 2013 Study Session, Council was provided further information with regard to a proposed neighborhood entryway/monument signage program. Several examples from a number of communities were provided for comment, including center island and column types. In addition, the examples provided different styles and material types such as brick , stone, and concrete. Estimated costs for the signs were also provided. In addition to a style and design of the monument signs themselves , Council and staff also discussed possible locations for the signs , including entryway signs at certain streets entering Wheat Ridge, and at other internal locations where signs could serve traffic calming purposes in addition to identifying certain neighborhoods. A map of the City showing several proposed locations was provided and is also attached to this memorandum. Traffic calming in general was also discussed. Several street segments in the City have been identified by staff as candidates for traffic calming measures. However, some of the locations are not recommended for traffic islands or center island gateway signs because they are constrained by either a narrow street width , limited right-of-way, or other issues that would not allow for the installation of an island. At the conclusion of the August 5, 2013 Study Session, Council directed staff to proceed with the following: Attachment 1 Neigh borhood Traffic Calming/Signage Program October 7, 20 13 Page 2 1. Develop options for a standard monument/entryway sign for further consideration by Council 2. Develop a proposed cap ital construction plan for 2014 based on available resources (b u dget) 3. Develop a policy and procedure to address citizen traffic complaints and traffic calming requests Monumen t/E ntryw ay S ignage Staffhas been working with a consultant (Design Concepts) to provide design options for a unifonn entryway sign or monument. These options are provided and illustrated per attached Attachment 1. The intent of the design and options are as follows : I. Provide an aesthetically pleasing and acceptable design based on Council feedback 2. Provide a uniform base design (structure) that will also provide flexibility for the sign itself (i.e ., City logo in addition to wording identifying a specific neighborhood , etc.). In addition , options have been developed for both center island and side columns to best accommodate different right-of-way widths , drainage, and/or other unique constraints at different locations as appropriate. 3. Provide a feasible design that limits long-term maintenance costs. It is anticipated that monument signs (particularly center islands), could be damaged by errant vehicles , vandalism , snow plowing, etc.). Staff therefore feels that any type of entryway sign approved for installation should not only be easily repairable or replaced , but that maintenance around the sign itself should be minimal. As a result the island itself lends itself to a hardscape (low maintenance) surface, rather than land caping. Proposed 20 14 Capital Con struction As proposed for the 2014 budget, $1 00 ,000 has been eannarked for entryway signs and /or traffic calming. As shown on Attachment 2, also provided to Council on August 5, several locations for entryway and neighborhood monuments have been identified throughout the City. Based on the estimated construction cost of a monument sign ($15 ,000 -$20 ,000), the needs identified far exceed the budgeted amount. As a result , staff suggests moving forward with construction of at least four or five entryway signs at locations directed by Council. These locations could be spread geographically across the City or by other considerations such as the severity of known traffic/speeding issues , traffic volumes , the number of citizen requests , available accident/safety data , etc. Propos ed N eighborhood Traffic M anagement Plan (N TM P) Staff has developed a draft Neighborhood Traffic Management Plan (NTMP) to address citizen complaints and issues with regard to neighborhood traffic. The intent of the draft plan is to provide a process and procedure that not only provides responsiveness , but also provides public process to insure that a problem is clearly identified , that the correct mechanism or traffic calming measure is pursued , and that there is public participation and neighborhood buy-in on any traffic calming measure proposed for construction. At this time , no funding (in addition to the $100,000 mentioned above) has been identified for the construction and implementation of traffic calming devices. These devices may include the following : speed humps , center traffic islands , raised cross-walks , Neighborhood Traffic Calming/Signage Program October 7, 2013 Page 3 curb extensions , and possibly others. Two temporary speed humps were ordered and delivered this past summer at a cost of $5 ,536. As a start , these devices could be installed on a temporary or "pilot" basis within the program as appropriate. Conclusion Upon discussion of the above infonnation and attachments: I. Does Council have a preference with regard to the entryway/monument concepts provided ? 2. Does Council have comments or a specific preference with regard to delivery of the $100,000 budget (as proposed) in 2014? 3. Does Council have comments with regard to the draft Neighborhood Traffic Management Plan (NTMP)? ATTACHMENTS: 1. Conceptual Sign Design 2. Existing, Future Gateway and Proposed Minor Entryway Monument Map 3. Neighborhood Entry Monument Map 4. Reported Cut-Through Traffic Problem Map 5. Cost Estimate for Neighborhood Monument Sign, Traffic Calming Island 6. Cost Estimate for Minor Entryway Pillar Monument 7. Neighborhood Monument Signage Program Subdivision Entry Signs CIP • F-01-13 Item I# J ltem QuantttY Unit Unit Cost Item Cost Construction I 202 Removal of Structures & Obstruction• s 488.00 Removal of Asphalt Mat (Full Depth} 20 SY $15,00 J $ 300.00 Removal of Pavement Marking 63 SF $3.00 s 189.00 208 Erwlon Control s 900.00 S~ing 2 HR $100.00 $ 200.00 Storm Drain Inlet Protection 2 Each $200.00 $ 400.00 Concrete Washout StrUcture 1 Each $300.00 $ 300.0Q_ 304 Aggregate Bu• Course $ 76.00 Aggregate Ba$8 Course (CJass 6) 1.5 Ton $50.00 $ 75.00 <403 Hot Mix Aaphalt s 600.00 1 Hot Mix Asphalt (Patching -6") 8 SY $75.00 $ 600.00 609 Curb & Gutter s 775.00 $25.oo Ti --Vertical Curb & G\JHer --3 1--LF ns.oo 610 Median Cover Matetlaf $ 675.00 Median Cover Material (Pattem Concrete) 5 SY $135.00 $ 675 .00 612 Delineators·& Reflectors $ 120.00 Delineators (Type I) 4 Each $30.00 $ 120.00 520 Field Facllltlea $ o425.00 Sanitary Facility 1 Each $425.00 $ 425.00 625 Construction Surveying s 200.00 Construction Surveying 1 LS $200.00 $ 200.00 626 Mobilization $ o400.00 MObijization 1 LS $400.00 $ 400 .00 $27 Pavement Marking $ 1,220.00 Pavement Mar1<ing lfape (8") 122 LF $10,00 l $ 1,220.00 -630 ConstNctlon Zone Traffic control ----'l. 500.00 Traffic Control Management . 1 LS $500.00 $ 500.00 632' Masonry Block Cavity Walls $ 5,000.00 Gateway Entry Monuments 1 Each $5,000.00 $ 5,000.00 720 Materials Sampling & Testing s 200.00 Materials Sampling & Testing 1 LS $200~00 $ 200,00 Construction Sub-olotel $ 11,078.00 ': Contingencies 3011h '$ 3,473.70 Construction Total i ... 5,052.70 Sign $ 5,000.00 Island s 3,465.00 Demo & erosion control $ 1,389.00 Mise $ 1,725.00 Exhibit d Entry Signs CJP # F..01·13 Item# Item Quantity Unit Unit Cost JtemCost Construction 202 Removal of Structures & Obstructions $ 2e.OO Removal of Landscape Areas 2 SY $13.00 $ 26.00 208 Erosion Control s 300.00 Concrete Washout Structure 1 Each '$300.00 $ 300.00 62~ Construction Surveying $ 200.00 Construction .Surveying 1 LS $200.00 $ 200.00 62.6 Mobfllzatlon . , 400.00 Mobilization 1 LS $400.00 . $ 400.00 630 Construction Zone Tftlffit Control $ 500.00 Traffic ConttoJ Management 1 LS $500.00 $ 500.00 632 Masonry Bloc;k Cavity Walls $ 6,000.00 Maso~ Block. Cavity Monll ~ (2 'x3 ')(3') 2 Each ___JJ,OOO .~.J . $ 6.~ 720 Materials Sampling & Testing $ 200.00 Matenals Sampling & Testing 1 LS $200.'00 $ 200,00 construction Sub-total $ 7,626.00 I Contingencies 30% $ 2,287.80 J Construction Total .$ 9~913.80 Sign $ 6,000.00 Demo & erosion oontrol $ 3~6 .00 Mise $ 1,300.00 Exhibit e ~~A~ , ?~~~t.R!9ge Neighborhood Traffic Management Program ( 4-28-14) "Neighborhood residents working together with Public Works and Police Departments for safer, more livable, neighborhood streets. " I. INTRODUCTION TO THE PROGRAM The citizens of Wheat Ridge place a high value on their quality of life. An important part of a good quality of life is a safe and livable neighborhood that accommodates residents, cyclists, motorists, and pedestrians. The Neighborhood Traffic Management Program (NTMP) represents the commitment of the City to the safety and livability of its neighborhoods by mitigating the negative impacts of vehicular traffic on residential streets. The Public Works and Police Departments are available to assist neighborhoods mitigate speeding or other traffic related concerns on streets where a problem has clearly been identified. The NTMP is limited to requests by residents adjacent to or on local street segments and is intended to mitigate problems directly associated with vehicular traffic. The program is intended to mitigate traffic on a particular street segment, not to divert traffic to adjacent or other nearby streets. This program is not intended to include traffic signs or signal modifications. However, if resolution of a specific traffic issue may be resolved by signing modifications, pavement markings, parking restrictions, improving sightlines, etc., such measures may be considered in lieu of installing traffic calming devices. Please contact the City's Public Works Department, Engineering Division at 303-235-2861 if you have questions about traffic signs or traffic signals. The following features are offered as a part of the NTMP: • Education and Enforcement -Requests can be made to the Police Department to provide neighborhood education, selective traffic enforcement, or placement of a portable speed display trailer. These services are available as resources allow. • Permanent Features-Requests can be made to the Public Works Department to install traffic control devices. Traffic control devices may include but not be limited to the following: Speed humps, traffic islands, curb bump-outs, and pavement markings. Speed humps will not be installed on streets that are Critical Emergency Response Routes (CERR). II. PROGRAM POLICIES Scope of Program and Policy This program is limited to neighborhood initiated projects for limited local street segments. Streets designated as arterial or collector streets under the City's Comprehensive Plan are not intended to be eligible for consideration under this plan. Projects may also be initiated by the NTMP Program (04-28-14) Attachment 2 City Council or considered as part of other programs or construction projects as appropriate. A similar but modified public process will be utilized to address traffic related issues and consider traffic calming devices when initiated by the City Council or as part of other infrastructure or Capital Improvement Projects. The intent of the Neighborhood Traffic Management Program is to address neighborhood initiated traffic complaints and requests . Typically after a request or complaint is made , City staff (including the Public Works and Police Departments) will investigate and provide an assessment or recommendation. Essentially, it is important that a problem is clearly identified before a mitigation measure is pursued. Such mitigation measures may include increased police enforcement, neighborhood education, addressing on street parking, or other eventual measures such as traffic calming devices. In reviewing a particular traffic issue, staff will generally follow accepted industry safety standards and professional practices as established and recognized by national, state , and local agencies. As a result, specific traffic calming devices may not be recommended by staff in certain situations. However, residents do have the option of pursuing specific traffic calming devices or other measures in accordance with a public process procedure as outlined further below. Traffic calming projects are intended to mitigate problems directly associated with vehicular traffic. Program projects are not intended to include lengths of sidewalk or other neighborhood infrastructure requests not directly associated with the mitigation of traffic problems and/or traffic mitigation treatments directly. III. NTMP PROCESS AND PROCEDURE Under the Neighborhood Traffic Management Program (NTMP), residents on certain neighborhood (local) streets are provided the opportunity to request the City to review and address traffic related problems and issues , including requesting traffic calming devices. All local streets shall be considered and prioritized based on several factors including ; the order received , accident history , traffic volumes , documented safety issues , available resources , and the final discretion of the City Council. Step 1 Bring Traffic Issue to the City's Attention and/or File a Request: Any resident can contact the City and express a traffic related concern or request. Staff will investigate the request accordingly. In many cases, specific traffic issues may be resolved by increased police enforcement, removal of sightline restrictions such as trees or shrubs that obscure visibility , addressing parking violations or other enforcement issues , or by improving or replacing signs. Other options that may be pursued are as follows: Education and Enforcement: All applications for the NTMP program are eligible for consideration and action by the Police Department, including neighborhood education , selective traffic enforcement , or placement of a portable speed display trailer . NTMP Program (04-2 8-14) 2 Neighborhood Education The Police Department can meet with a neighborhood upon request and provide information on the 3 A's (Awareness, Assistance, and Action) when dealing with local traffic and speeding problems. Often times, citizens may sometimes forget to watch their speed in their own neighborhood. Information regarding local transit, ride share and carpooling services may also be made available at this session. A neighborhood's livability often enhances when other transportation options are available and encouraged. Selective Traffic Enforcement Traffic enforcement, particularly for situations in which a specific repeat offender or other specific traffic problems are present is often available for residential streets. However, because of competition for Police resources across the City, general traffic enforcement for low volume residential streets is limited. Speed Display Trailer A portable speed trailer that displays drivers' speed to heighten speed awareness can be temporarily deployed to neighborhood streets as availability allows. Filing a Request for Installing Traffic Calming Devices: If residents wish to pursue the installation of traffic calming devices such as speed humps , traffic islands, or other measures, a public process shall be followed to ensure that a problem has been clearly identified, that the neighborhood as a whole wishes to have the devices installed, and that the identified problem or issue is addressed accordingly. Traffic calming devices that meet placement criteria may be eligible for consideration and installation. In addition, residential collector streets as designated in the Comprehensive Plan may be eligible for installation of radar feedback signs which heightens awareness of actual traveled speed vs . the speed limit. To file a request for consideration in the City NTMP Program, a minimum of five (5) City residents from a single street (must be from separate households) must submit a signed written request letter to: City of Wheat Ridge Engineering Division Public Works Department Attn: NTMP Program 7500 West 29th Ave Wheat Ridge, CO 80033 To be considered, a request must include the following basic information: a. The name, address, and phone of each requesting resident. b. Identify the resident who will be considered Point of Contact (POC) for the NTMP. c. Description of request location and/ or street segment of concern d. Nature of concern. NTMP Program (04-28-14) 3 Step2 City Review of Request: Upon receiving a qualifying written request , staff will evaluate the request and perfonn an initial field investigation as follows: a. The street segment of concern will be observed, analyzed , and evaluated per standard engineering criteria. In addition, the evaluation will also include a review of available accident history and safety data, as well as input from the Police Department b. Staff will define the official limits of the street segment that will be eligible for the NTMP under the original request. The limits of a NTMP segment will generally fall within the limits of a block which is nonnally defined as the length of the street between two intersecting streets . The total number of households (properties) along the selected segment will be identified. c. If the street segment is detennined to be eligible for the installation of traffic calming devices , staff will identify possible or appropriate devices . Staff will prepare a written cost estimate for the requested speed reduction feature , including the material cost and installation cost. Available resources will also influence the City 's ability to install traffic control devices in a timely manner. Staff will also propose an appropriate location for each feature based on engineering review and feedback received. d. Staff shall schedule a neighborhood meeting date following completion of the review process. Property owners bordering the affected street shall be notified of the meeting at least 1 0 days in advance. Step 3 Neighborhood Meeting: The neighborhood meeting is intended to be the first opportunity for open discussion regarding neighborhood concerns on traffic and speeding , including identification of a problem, and an appropriate solution. Staff from the Public Works and Police Departments will attend the meeting with the following fonnat generally presented: a. Staff will listen to neighborhood concerns and provide interactive feedback. b. If appropriate , the Police Department will make a presentation of the 3 A's of traffic control (Awareness, Assistance, and Action). The presentation will include basic education on traffic calming principles and application of neighborhood solutions. Police Department Staff will present proposed methods for Traffic Enforcement and/ or application of a portable speed trailer in the neighborhood. c. Staff will explain the limits of the NTMP street segment and number of households/ properties along this segment as identified in Step 2. NTMP Program (04-28-14) 4 d. Staff will also discuss the permanent features available under the NTMP, and explain the aspects of each as they are applied in a residential setting. e. Staff will prov ide a petition form at the meeting , which requires endorsement of 80% of the property owners along the NTMP street segment to qualify for the installation of any Permanent Features. Step 4 Police Department Action: If it is determined that .Police Traffic Enforcement and/ or application of a portable speed trailer is desired and warranted, the Police Department will begin a selective program of traffic enforcement on or near the affected NTMP Segment. Step 5 Petition Process: To be considered for a permanent feature (traffic calming device), property owners along the NTMP segment must complete the following process: A valid petition form (as provided at the Public Meeting or by staff) shall be submitted by the appropriate neighborhood representative or point of contact. The petition form supplied by the City requires supporting signatures from a minimum of 80% of property owners along the identified NTMP segment. The petition form shall include a description of the requested feature and its proposed location . It shall be required that each property owner immediately adjacent to the proposed Permanent Feature provide a supporting signature on the petition form. Requests for permanent features will be considered for construction once a valid petition is received by the Public Works Department. In addition , engineering staff will complete a feasibility assessment to ensure that the proposed construction is feasible. Complete requests for permanent features in any given NTMP year shall be taken on a first-come , first-served basis, and as funds are available . Should a project be validated after NTMP funds are exhausted in any given year, they shall be rolled over to the next NTMP project year, and will be prioritized based on the order received , available funds , safety considerations , and any other factors and considerations as determined appropriate by the City Council or staff. STEP6 City Council Approval: A proposed project must be formally approved by the City Council before proceeding ahead with construction. If a petition is in order, clear direction and consensus of the neighborhood is provided , and staff has determined that the project is feasible , staff will schedule for City Council consideration at the next available City Council meeting as scheduling allows. N TMP Program (04-28-14) 5 STEP7 If the City Council approves a project, staff will proceed with a bid or quote procurement process and begin scheduling for construction. The intent will be to construct or install the approved traffic calming improvement as soon as reasonably possible. However, the timing and construction will be administered and balanced against other on-going or previously approved projects , available resources , or seasonal restrictions. Construction may not commence until other projects are completed or when a contractor and resources become available . General Program Policies 1. Unintended traffic diversion as a result of an NTMP project from one street to another, or simply shifting a traffic issue to an adjacent or nearby local street is not acceptable. 2. Unintended diversion is defined as an increase of 10% or more of a street's traffic volume or 100 vehicles -whichever is higher. 3. The City reserves the right to either remove or modify any traffic calming treatments/projects in cases when an unacceptable level of unintended diversion is created or if some other unforeseen problem or safety condition is created. 4. All traffic control devices and traffic calming measures are carefully and deliberately placed by the City based on the following : Safety, research , traffic volumes , standards and warrants as established nationally and locally , field studies , and other location specific considerations and details. Other factors such as drainage considerations, public utilities , adjacent private driveways , etc., may also affect the specific location of devices. Requests that deviate from established Local , State and National practices for safety and effectiveness are not considered acceptable . The Public Works Department may be contacted at 303-235-2861 for further information. 5. In some instances , it may be possible to consider a temporary or "pilot" project in lieu of an immediate permanent improvement. This could involve the use of temporary measures to evaluate whether or not permanent improvements are acceptable and/or desired by the neighborhood. Whether a pilot project is appropriate or not would depend on the nature of the request , the result of the public process discussion , and available resources . IV. ENGINEERING CRITERIA Speed Humps: The following criteria shall be applied by the Public Works Department when considering eligibility for placement of Speed Humps. a. Street Classification. Speed Humps will only be installed on streets identified as local or neighborhood residential streets as identified in the City's Comprehensive Plan. b. Spacing. A maximum of one speed hump shall be used in a block with humps no closer together than 700 feet. c. Location. In order to eliminate situations such as a speed hump near a drainage pan, driveway entrance , or other feature, a final determination on location shall be made by the Public Works Department. NTMP Program (04-28-14) 6 d. Grade. Speed humps will be installed only on streets with grades of 8% or less. e. Horizontal and Vertical Alignment. Speed humps will not be installed on horizontal curves with a centerline radius of less than 200 feet or on vertical curves with less than minimum stopping sight distance. f. Special Vehicle Restrictions. Speed hump requests will be referred to R TD on any local street that has an R TD bus route on it. Any local street that has more than 5% long wheel based vehicles will be reviewed by the City to determine if a speed hump shall be allowed on a street. Speed humps will not be installed on any street that is a Critical Emergency Response Route (CERR). The City will refer all requests to the local Fire Department for their review of emergency vehicle routes. g. Design. The design of speed humps to be installed within the City is shown on Attachment A. h. Resurfacing Streets. When a speed hump is approved on any street that is scheduled to be resurfaced within two years, installation of the speed hump will be delayed until resurfacing is completed. Speed Radar Boards: The following criteria shall be applied by the Public Works and Police Departments when considering eligibility for placement of Speed Radar Boards. Speed radar boards shall be considered for installation only on streets designated as collector or arterial under the City's Comprehensive Plan. a. Visibility. At the appropriate and recommended location for Speed Radar Board(s), there shall be sufficient unobstructed visibility to oncoming traffic. b. Spacing. A maximum of two Speed Radar Boards shall be used in any NTMP segment. c. Placement. At the appropriate and recommended location for Speed Radar Board(s), there shall be an adequate mounting surface and sufficient exposure to the sky for proper function with the attached solar panels. V. PERMANENT FEATURE REMOVAL Should the property owners on a street desire to have a permanent feature removed, a petition and approval procedure shall be followed identical to the request and installation procedures previously described. However, unanimous approval is not required for properties immediately adjacent to the permanent feature. Attachments: SPEED HUMP DESIGN STREET CLASSIFICATION MAP NTMP Program (04-28-14) 7