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HomeMy WebLinkAbout06/16/2009AGENDA WHEAT RIDGE URBAN RENEWAL AUTHORITY June 16, 2009 Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Urban Renewal Authority on Tuesday, June 16, 2009 at 6:00 p.m., in the City Council Chambers of the Municipal Building at 7500 West 29th Avenue, Wheat Ridge, Colorado. Indh,iduals lt'ith disabilities are encouraged to participate in tdl public meetings sponsored by the City of PVheat Ridge. Call Heather Gever, Public Information Officer tit 303-235-2826 at least 011e tivicek in advance of a meeting ff'yoit are interested in participating tied need inclusion assistance. 1. Call the Meeting to Order 2. Roll Call of Members 3. Approval of Minutes - May 5, 2009 4. Public Forum (This is the time for any person to speak on any subject not appearing on the agenda. Public comments may be limited to 3 minutes.) 5. Old Business 6. New Business a. 44"' and Wadsworth Easement Status b. WZ-09-03/Sach (RV America) Zone Change Request c. Corporate Identity Package Proposal d. Acquisition of 7300 W. 44th Avenue - CDBG Funding e. 3718 Ames Street - Property Disposition Discussion L I-70/Kipling Corridors URA Plan Tentative Schedule 7. Other Matters 8. Adjournment MINUTES WHEAT RIDGE URBAN RENEWAL AUTHORITY May 5, 2009 1. CALL THE MEETING TO ORDER The meeting of the Wheat Ridge Urban Renewal Authority was called to order by Chair Adams at 6:05 p.m. in the council chambers of the Municipal Building, 7500 West 29"' Avenue, Wheat Ridge, Colorado. 2. ROLL CALL OF MEMBERS Authority Members Present: Rick Adams James Bahrenburg Janet Leo Walt Pettit Tom Radigan Larry Schulz Authority Members Absent: Becky Bye Also attending: Patrick Goff, Deputy City Manager Corey Hoffmann, WRURA Attorney Ann Lazzeri, Recording Secretary 3. APPROVAL OF MINUTES - April 7, 2009 It was moved by James Bahrenberg and seconded by Larry Schulz to approve the minutes of April 7, 2009 as presented. The motion passed unanimously. 4. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) There was no one present to address the Authority. 5. OLD BUSINESS There was no old business to come before the Authority. 6. NEW BUSINESS A. Resolution 04-2009 - Supplemental Budget Appropriation This item was introduced by Patrick Goff. The supplemental budget appropriation is necessary to reimburse Mel Karl who deposited $75,000 into an WRURA Minutes - 1 - May 5, 2009 escrow account to reimburse the Authority for expenses incurred in obtaining clear and unencumbered title to a sliver of property associated with the two parcels he sold to WRURA. WRURA's expenses amounted to $8,795.66; therefore a reimbursement of $66,204.34 is due to Mel Karl. Chair Adams opened the public hearing. There was no one present to address the matter. The public hearing was closed. It was moved by Walt Pettit and seconded by James Bahrenberg to approve Resolution 04-2009 amending the fiscal year 2009 Urban Renewal Budget to reflect the approval of a supplemental budget appropriation in the amount of $66,204.34 to the Town Center Fund for the purpose of returning the balance of the Sliver Quiet Title Action Escrow Account to Mel Karl after all expenses to obtain a clear and unencumbered title were deducted. The motion carried 6-0. B. I-70/Kipling Corridors URA Plan Patrick Goff presented the following tentative schedule for meetings concerning the I-70/Kipling Corridors Urban Renewal Plan. April 15 6:30 p.m. Urban Renewal Stakeholder Meeting May 12 6:30 p.m. Stakeholder Meeting - East of Miller Street May 19 6:30 p.m. Stakeholder Meeting - West of Miller Street June 16 6:00 p.m. Urban Renewal Meeting July 2 7:00 p.m. Planning Commission Meeting July 6 6:30 p.m. City Council Study Session July 27 7:00 p.m. City Council Public Hearing Upham Street Subdivision Request a minor subdivision at 3885 Upham Street which would subdivide a single lot of approximately 2.35 acres into one 65,080.5 square foot lot and one 37,092.2 square foot lot. The current use is for a medical office and parking. The proposed subdivision would continue the current use of medical office and parking. Future plans for the newly created vacant lot on the south have not been submitted by the applicant. City code requires review by WRURA of land use applications in an urban renewal area to determine if the application is in compliance with the 38`h Avenue Redevelopment Plan. Following discussion, it was moved by Larry Schutz and seconded by James Bahrenberg that the Wheat Ridge Urban Renewal Authority does not object to the proposed use at 3885 Upham Street. The motion carried 6-0. WRURA Minutes -2- May 5, 2009 D. Corporate Identity Package Proposal 7. 8. Staff received a formal proposal from Portell Works for a Corporate Identity Package, Annual Report and Project Management to rebrand and market WRURA in conjunction with the strategic planning process. The proposal was discussed by the Authority. There was consensus to start with the project management phase and development of a logo. OTHER MATTERS • There was discussion about the possibility of installing utilities on the site recently purchas explained that City Council is looking into us purchase the auto transmission shop at 44"' ar commented that it wouldn't be advisable to bi for utility work before it is known what the sl are certain constraints tied to these funds that prospective developer. ing CDBG funds toward by WRURA. Patrick Goff available CDBG funds to Wadsworth. Mr. Goff proactive in using CDBG funds ;ific project would be. There luld possibly tie the hands of a zeri, Recording Secretary WRURA Minutes -3 - May 5, 2009 Wheat Ridge Urban Renewal Authority 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 303-235-2846 303-235-2857 (Fax) TO: Urban Renewal Authority Board Members FROM: Patrick Goff, Executive Director`.' RE: 44th and Wadsworth Easement Status DATE: June 11, 2009 At the May 5, 2009 WRURA meeting, direction was given to staff to bring forward information concerning the ownership of the easements on the property purchased by the Authority at 44th and Wadsworth. Attached is a memorandum from Corey Hoffmann and Jeff Parker with the status of the easements on the property. I have not included the eight easement documents as is mentioned in the attached memorandum. If any Board member would like to receive or review a copy of these documents please let me know. Attachments: 1. Memorandum from Corey Hoffmann and Jefferson Parker, dated March 10, 2009 ~v HAYES, PHILLIPS, HOFFMANN & CARBERRY, P.C. 1350 Seventeenth Street, Suite 450 Denver, Colorado 80202-1576 Telephone: (303) 825-6444 Facsimile: (303) 825-1269 Corey Y. Hoffmann Fairplay Office Kendra L. Carberry 675 Main Street Jefferson H. Parker P.O. Box 1046 Fairplay, CO 80440 Of Counsel Telephone: (719) 836-9005 John E. Hayes Facsimile: (719) 836-9010 Herbert C. Phillips WHEAT RIDGE URBAN RENEWAL AUTHORITY MEMORANDUM TO: PATRICK GOFF, EXECUTIVE DIRECTOR FROM: COREY HOFFMANN, GENERAL COUNSEL-- JEFF PARKER, ESQ. ~"v/ DATE: DECEMBER 1, 2008 RE: 44TH AND WADSWORTH EASEMENT STATUS Hilary M. Graham Charissa A. Eckhout Elizabeth C. Gross Cristina E. DiMaria This memorandum summarizes the status of the easements on the property recently purchased by the Wheat Ridge Urban Renewal Authority at 44th and Wadsworth (the "Property"). We have attached a map showing the current lot configurations of the Property and the relevant adjacent parcels. Although this is no longer an issue for the Amici's water line, this research should assist the Authority going forward as the property redevelops. Primary Issue One of the primary issues is the easement rights benefiting the Gemini parcel. The owner of the Gemini parcel has asserted it has an ingress/egress easement running north/south along the western boundary of the Vohoska and Panda King parcels from 44th Avenue. The owner was also seeking to install water lines in this easement. For the reasons set forth in this memorandum (in particular, those addressed in the discussion of Item No. 6 below), we conclude that Gemini does not have an ingress/egress easement r uuning along the western boundary of the Vohoska parcel, and that it does not have any other easement for water and sewer over either the Vohoska or the Karl parcels. ATTACHMENT 1 121L'08 F_ASEMENTS 441'HPADSIVORTH A102.DOC December 1, 2008 Page 2 Easement Documents There are a number of documents addressing easements on the Property, including the following] : 1. Public Service Easement. Recorded at Book 1456, Page 510 on March 14, 1962. 2. Declaration of Easement (Transamerica). Recorded at Book 1956, Page 126 on August 1, 1967. 3. Public Service Easement. Recorded at Book 2144, Page 746 on November 14, 1969. 4. Declaration of Easement (Pinkards - "Old Plaza Easement"). Recorded at Book 3046, Page 253 on August 3, 1977. 5. Time Square Subdivision Plat. No recording information shown on document - Plat is dated November 19, 1982. 6. Agreement. Recorded at Reception No. 870662266 on May 20, 1987.2 7. Land Survey Plat. Recorded at Reception No. F2121706 on November 3, 2004. 8. Improvement Survey Plat. Recorded at Reception No.1`191150 on November 21, 2003. Copies of these documents are attached to this memorandum for your reference. Analysis Item No. 1. The Public Service easement granted in Item No. 1 appears valid. When the Vohoska parcel was replatted as part of the Time Square Subdivision in 1982, the Public Service Company signed off on the plat, and this easement is shown on the plat. Additionally, the dedication on the first page of the plat provides that the utility easements shown on the plat are granted to franchisees in the City, which would include the Public Service Company. There are a number of other easements referenced on the Times Square Subdivision plat (Item No. 5). Additionally, the agreement listed as Item No. 6. modifies or terminates certain agreements and easements (referred to as the Tolleson Agreement and the Chaney Deed). However, none of these appear to burden the Property owned by WRURA, and therefore, we have not investigated them further. z This agreement is identical to the Agreement recorded at Reception No. 87066267. Copies of both agreements are attached to this memorandum as Item Nos. 6A and 613. 1211,08 Q:IUSERSI6VRUR.41JfIPIEASEh1EN7S'_44THi-tADSI ORTH h102.DOC December 1, 2008 Page 3 Item No. 2. This agreement dealt with the Vohoska, Karl, Panda King and First Bank parcels3 Essentially, it granted a 35-foot ingress/egress easement over the current First Bank property for access off of Wadsworth to the Vohoska, Panda King, and Karl properties. See Item No. 6 § 5 (designated a Parcel "C" as the 35-foot easement). It also established cross parking easements over the Vohoska, Panda King, and Karl properties in favor of each other. See Item No. 5 3 and 5. Moreover, it provided for the establishment of common facilities, such as sewer, gas, electrical, water, drives, sidewalks and rights of way in an area designated the "Easement Area," which overlapped significant portions of the parcels. The First Bank parcel was not a beneficiary of the obligations relating to the Easement Area. The 35-foot ingress/egress easement granted by this agreement was subsequently vacated by an agreement between the owners of all the property involved (listed as Item No. 6). The cross parking easements and the other common facilities allowed in the Easement Area were never addressed again by any documents available to us. However, when WRURA purchased the two parcels, the easement may have terminated via the merger doctrine.4 It should be noted that the Easement Area was created for the benefit of all the properties subject to this agreement, which would include the Panda King parcel (which along with the Vohoska parcel constituted a single parcel at the time the agreement was executed). It is possible that the owners of the Panda King parcel could seek to enforce the parking and other joint facility obligations established in this agreement for the Easement Area, because the merger doctrine would not apply to property that did not become subject to ownership by a single party (i.e., WRURA). However, the Panda King parcel has its own parking, and the primary beneficiaries of the Easement Area were the Vohoska and Karl properties. The interest of Panda King over the Easement Area is likely to be insignificant. Moreover, WRURA may have a strong argument that the Easement Area was abandoned. This issue can be addressed if it arises during development of the properties. Item No. 3. It is unclear whether the Public Service easement granted in Item No. 3 was superseded by the utility easements shown on the 1982 Time Square Subdivision plat, or whether it remains in existence separately. Unlike Item No. 1, the plat does not show this easement as remaining in existence. It may simply have been incorporated into the utility easements granted on the plat. Item No. 4. Although this easement appears on the Time Square Subdivision plat (running North-South over the Vohoska property from 44t" Avenue after doglegged at a 45 degree angle), this easement was vacated by the agreement listed as Item No. 6. In Section 6.5 The Panda King parcel appears to have been part of the Vohoska parcel until separate parcels were created by the Time Square Subdivision in 1982 ( Item No. 5 in this memorandum). The Gas Station parcel appears to have been a separate parcel at all relevant times. a In general, the merger doctrine provides that if two properties under separate ownership, one burdened by an easement and the other benefited by the same easement, become owned by a single entity, they are deemed to have merged, and the easement is extinguished. 1211108 Q:IUSERSIt6RCllZ.dl./HPIEASEMENTS_44THI ADSIVORTH 4902.DOC; December 1, 2008 Page 4 of Item No. 6, what is referred to as the "Old Plaza Easement" is terminated. Item No. 4 is the "Old Plaza Easement." It is no longer valid. Item No. 5. Item No. 5 replatted the Vohoska parcel, along with property to the south of the parcel (shown as the Plaza on the attached map) as the Time Square Subdivision. The Bank, Gemini, and Karl parcels are not a part of the Time Square Subdivision. Therefore, none of these parcels are the beneficiaries of any of the easements shown on this plat. Only the Vohoska, Panda King and Plaza properties are beneficiaries. It is important to note that there is language on the plat stating that "access and free movements shall also be granted to those entering said easements [the ingress/egress easements shown on the plat] from similarly recorded easements from adjacent properties and/or from abutting public streets." Whether this language grants all abutting property owners the right to access the ingress/egress easements shown on the plat is not completely clear. This does not affect the rights of the current owners of the Gemini parcel to use an access easement shown on the plat abutting their property (referred to on the plat by its recording information of Book 3046, Page 253), because this easement was subsequently vacated by Section 6.5 of Item No. 6. Therefore, there is no valid ingress/egress easement currently in existence granted by the Time Square Subdivision plat in favor of the Gemini lot. There is also an ingress/egress easement along the eastern boundary of the Vohoska parcel shown on the plat. It appears to be for cross access between the Plaza parcel and the Vohoska parcel. It does not appear to extend across the entire Vohoska parcel. Instead it appears to dead-end just north of the Antique Mall. This same easement is shown on the Land Survey Plat (listed as Item No. 7) as running the entire length of the eastern boundary of the Vohoska parcel. It is not clear whether the Land Survey Plat is inaccurate, or whether there is some error elsewhere. Regardless, the easement does fun over the Plaza property and at least a portion of the Vohoska property. This easement appears to still be valid. Item No. 6. As addressed in the discussion of Item No. 4, this document deleted the easement granted by Item No. 4, which ran north-south along the western boundary of the Vohoska property after doglegging at a 45 degree angle over the Panda King Property.5 See Item No. 6 § 6.5 (deleting "Old Plaza Easement"). As addressed in the discussion for Item No. 2, the agreement also vacated the 35-foot ingress/egress easement running over the First Bank Property (shown as Parcel C in the document listed as Item No. 2), and granted a new 35-foot ingress/egress easement running over the First Bank Property to benefit the Vohoska, Panda King, and Karl parcels. See Item No. 6 5.1 and 5.2. In addition, this document granted a 35-foot ingress/egress easement, which runs north- south along the western edge of the Vohoska parcel. This easement is shown on the This is the easement shown on the Time Square Subdivision plat. 12/1108 Q:IUSERSIit'RLlRAL1KPIE.4SEAIENIS_44771HADSWORIH Af02.DOC December 1, 2008 Page 5 Improvement Survey Plat (Item No. 8) as the "New Plaza Easement Property." The agreement was entered into by four parties who together owned all the property now owned by First Bank, WRURA (Vohoska and Karl parcels), the Plaza, and Panda King. The owner of the old Vohoska parcel was Eagle Land Company. In this agreement, Eagle Land Company granted the New Plaza Easement Property easement over the Vohoska and Panda King parcels. The parcels benefited by this easement were listed as the Vohoska and Panda King parcels, the Plaza parcel, the First Bank parcel, and the Karl parcel. See Item No. 6 5.5, 5.6 and 5.7. The Gemini parcel was not a party to the agreement, and consequently, was not a beneficiary of the easement. Item 7. This Land Survey Plat simply shows three easements: (1) the New Plaza Easement Property, which is the 35-foot ingress/egress easement running along the western boundary of the Vohoska parcel (benefiting the First Bank, Plaza, and Karl parcels; (2) the 30- foot ingress/egress running along the western boundary of the Vohoska parcel (benefiting the Plaza parcel)6; and (3) the utility easements shown on the Time Square Subdivision plat (benefiting the Karl, the Vohoska, the Plaza and the parcels north of the Vohoska and Karl parcels bordering 44`x' Avenue, but not the First Bank and Gemini parcels [because they were not part of the Time Square Subdivision]). No additional easements were granted or vacated by this document. It merely shows existing easements. Item No. 8. This Improvement survey plat shows the location of the New Plaza Easement Property, but does not show other easements. No additional easements were granted or vacated by this document. Conclusion The web of easements is very complex. At the time of purchase of the Property a detei7nination was made that the easement issues would be addressed during the development process. Now that Gemini's successor is asserting it has an egress/ingress easement over the Vohoska property, we have undertaken the detailed analysis set forth in this memorandum. We conclude that Gemini does not have an ingress/egress easement along the "New Plaza Easement Property," and that Gemini does not have a utility easement for water and sewer over either the Vohoska or the Karl properties. Our conclusions in this memorandum are based on the information we reviewed, which we believe is accurate. However, to fully verify our conclusions, we would need to order and review title work for the Gemini, First Bank, and Panda King parcels. The title work for the Gemini parcel would be particularly relevant, because we were unable to verify for certain that As addressed in the discussion of Item No. 5, the Land Survey Plat shows this easement extending the entire length of the Vohoska parcel, but the Time Square Subdivision plat, shows it dead-ending part way along the Vohoska parcel. 1211/08 Q:IUSERSI RURAIJHPEASEMF.NTS 44THWADSWORTH_h102.DOC December 1, 2008 Page 6 the Gemini parcel was a separate parcel in 1987. This is important, because 1987 was when the New Plaza Easement was granted to the Bank. The New Plaza Easement is the only easement of record (of which we are aware) that Gemini could use to access the Gemini parcel over the Vohoska parcel. If the Gemini parcel was a part of the First Bank parcel, the Gemini parcel would be a beneficiary of the New Plaza Easement and the New Plaza Easement could be used to access the Gemini parcel. If the Gemini parcel was a separate parcel in 1987 (which we believe to be the case), then it was not included within the 1987 agreement, and it could not be a beneficiary of the New Plaza Easement. We are relatively certain that the Gemini parcel was a separate parcel and was not included within the agreement, because the acreage of the parcels shown to be owned by First Bank in the 1987 agreement matches the acreage of the current First Bank parcel, not including the Gemini parcel. Please note that this memorandum has addressed Gemini's easement rights based on the easements of record. Gemini may have an easement by prescription, based on its historical use of an access route over the Vohoska property. Whether such an easement exists will depend upon the specific facts of the situation. We could address this issue in a future memorandum if necessary. As always, please do not hesitate to contact us with any questions or concerns. 1211/08 Q:IUSERSIl4'RCIRAIJHPIEASL:R-1ENTS'_44THW,ADSbl'OR7H A102.DOC ASPEN Map Output Page 1 of 1 Ne L-- Map from the Jefferson County Assessor's Web Site P,5T 511 Iq t V Lf rV1 ? r~`I(,) A k-,:L NL. t 7 L~-Z(-1 I ~ I l N WC S THIS MAP IS NOT TO SCALE It was produced November 25, 2008, using ASPIN version 1.1.0 on the Jefferson County Assessor's Web site. Parcel data last updated: November 24, 2008 DISCLAIMER This map is not necessarily accurate by surveying standards. DO NOT USE FOR LEGAL CONVEYANCE. Map text including parcel numbers, subdivision names, etc., is available on the county's static parcel maps, which are accessible from the Jefferson County Web site. Not all legend elements will be visible on this map. 1-<(~a4L- LEGEND Parcel Boundaries Parcel Map Boundaries Jefferson County Boundary Unincorporated Jefferson County Surrounding L Counties 0 Right of Way 0 Arvada Bow Mar 0 Edgewater Golden Lakeside 0 Lakewood 0 Littleton 0 Morrison Mountain View 0 Superior Westminster Wheat Ridge httD://archie. co. i efferson.co. us/serv] et/com. esri .esri man_ F,sri man?Servi Wheat Ridge Urban Renewal Authority 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 303-235-2846 303-235-2857 (Fax) TO: Urban Renewal Authority Members FROM: Patrick Goff, Executive Director _Q~ RE: WZ-09-03/Sach (RV America) Zone Change Request DATE: June 12, 2009 The Community Development Department has received the attached request for a zone change from Commercial-one and Commercial-one with use conditions to Planned Commercial Development and approval of an Outline Development Plan for property located at 11808 W. 44th Avenue. The property, owned by RV America, is 3.5 acres in size and is comprised of three parcels. The front two parcels are currently zoned C-1 with no use restrictions. The rear parcel is currently zoned C-1 with the only permitted use as RV storage. The City's Zoning and Development Code requires the review by WRURA of land use applications in an urban renewal area. The Code requires a recommendation from WRURA based on its review of the application "against the provisions of the urban renewal plan with respect to the land area, land use, design, building requirements, timing and procedure." You are not making a recommendation on whether the request should be approved or not. Your task is to determine if the request is in compliance with the West 44th Avenue Ward Road Redevelopment Plan. Your finding will be one factor to be considered in the approval process. West 44th Avenue and Ward Road Redevelopment Plan The recommended West 44th Avenue and Ward Road development concept is a community commercial center that serves residents and non-residents, and also includes a mix of commercial, office and municipal sales tax generating retail uses. Development along the edges of the Plan Area will be used to buffer the commercial area from the adjacent residential neighborhoods. This location serves as the western entrance to Wheat Ridge. A mix of commercial uses and an inviting streetscape should provide a sense of arrival into Wheat Ridge. The accompanying Land Use Concept Plan adopted as part of the Urban Renewal Plan establishes the recommended uses for West 44 th Avenue and Ward Road. The area south of West 44th Avenue is proposed as a community commercial center. The Plan encourages commercial development and redevelopment in this area and the redevelopment of sites to maximize utilization of the land. All development south of West 44t Avenue adjacent to Tabor Lake should incorporate pedestrian amenities allowing use and enjoyment of the adjacent open space. A landscape buffer should screen the back of all buildings from public view. The property in question is shown as Community Commercial and Residential. The West 44th Avenue and Ward Road Redevelopment Plan assumes the relocation of the eastbound I-70 access ramp by CDOT. The existing traffic movements will be modified by this relocation as the existing ramps will be abandoned and new ramps will be constructed approximately 1,000 feet to the east, closer to the subject property. Recommended Findings: The Land Use Concept Plan recommends that the subject property be considered for Community Commercial on the northern portion of the property and Residential on the southern portion of the property. The proposed Outline Development Plan for the subject property would allow a variety of commercial land uses and would also include a non- single family residential use. Staff finds that the proposed zone change and associated Outline Development Plan is not in conformance with the West 44th Avenue and Ward Road Redevelopment Plan, as written, because the Plan recommends residential uses only on the southern portion of the subject property. However, the Authority Board could find that due to the proposed I-70 access ramp relocation, the nature of the area will change making commercial uses a more viable use for the subject property. Attachments: 1. 11808 W. 44th Avenue Property Aerial 2. Land Use Concept Plan 3. West 44th Avenue and Ward Road Redevelopment Area Aerial par 04305 ' 43 X11 . Y` ' - 04340..B4341* 11680 04305 04; I;lk., 04300 043W ATTACHMENT 1 4300 0430C ...gar 1 Legend N Urban Renewal Area 0 Community Commercial 0 Office Residential ® Transitional Residential 0 Small Office/Business Center 0 Open Space Water Feature 1 A C N/ l I. ~I o P N a 4350 a [m 0 Q v X" a y N m a r a N m N N v p N O N a _ m o w 8 O v 2 0 pgp ,Qm, N N Urban Renewal Area Land Use Q E 0 C 0 O i N (n 0 CL 0 /L LL ~ N m D ~ 44th Ave. N. iN r.sr.~ism..uwse«n.ar~vs~~.c.. v v ~U) a C (0 a ~ o N a m a N 4305 U m a ai a P I e I~. m N m m a a P ~.M m P m' N a a II O N I` a P I 11760 11700 11690 Q v r a 8 P co 0 - - P ' aI a p P ~ a a' m a P P P m P a a a N N« •a P 11seo i W SkLieef P~ePecF~ ATTACHMENT 2 04 04 WARD ROAD/44th AVENUE AREA BLIGHT SURVEY I V ~A i c i I 0 z Arthur L. Anderson and Associates, Inc. Page 3 t-1 1 1 t-1 t.I xi v x _U l\ 1 J Wheat Ridge Urban Renewal Authority 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 303-235-2846 303-235-2857 (Fax) TO: Urban Renewal Authority Board Members FROM: Patrick Goff, Executive Director.-Q4 RE: Corporate Identity Package Proposal DATE: June 12, 2009 Staff received direction from the WRURA Board at the May 5, 2009 meeting to move forward with an amended scope of services for a corporate identity package with Portell Works. The price was renegotiated and the scope of services amended accordingly. The corporate identity work will start in conjunction with the strategic planning workshops which will be scheduled for this summer. Attachment(s): 1. Portell Works Scope of Services, dated May 21, 2009 Portell Works May 21, 2009 Patrick Goff, Deputy City Manager City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, CO 80033 Dear Patrick: 2385 Glencoe Street Denver, CO 80207 720.810.3906 hilarie@portellworks.com Thanks again for the opportunity to work with the Wheat Ridge Urban Renewal Authority! We look forward to learning more about your agency and helping with your marketing identity. This letter agreement describes our understanding of the terms and scope of work for this project. Scope and Description of Services Following is a description of the Services and Scope of Work needed for this project. If the nature or objectives of this scope should change, then the terms of this proposal, including the fees due, will change accordingly. I agree to provide the following Services, which may not be changed unless we agree in writing. You agree by signing this that I may provide the same or similar services to other clients. Corporate Identity $2,500 Develop a new logo and tagline for the Wheat Ridge URA. Scope includes five logo concepts and taglines and 2-3 rounds of revisions. Also includes a naming exercise to explore several variations of the agency name. Stationery Package Design $100 We strongly recommend that your agency letterhead, envelopes and business cards be professionally designed. The result will be more polished and consistent with your new marketing identity. It will also establish a critical first impression with those you do business with. We will provide you with digital files of all of the above. Project Management $500 Research, manage designer and copywriter, act as client liaison, attend meetings/presentations, manage budget. Additional Services In addition, Portell Works can provide the following services, pricing to be determined. • Communications strategy/counsel • Press releases, backgrounders, talking points • Marketing plans • Grant writing for specific projects or programs • Award applications • Annual report ATTACHMENT 1 the Communications of Place Time and Fee Structure I will bill you at the completion of the projects. All copywriting and design fees will be invoiced directly to you. You agree to pay fees and expenses incurred within 30 days of the date of the invoice, after which, interest may accrue at 1.5% per month until paid. If the Project is suspended, delayed, restructured, or otherwise is not completed, so long as it is not solely caused by me, or if we encounter major philosophical or style differences, or if payment is not timely received, I also can cancel or suspend the further work on this Project. Upon such cancellation or suspension, you agree to pay me for all work done up until that time, in my reasonable estimation. I will provide oversight on all project costs, but the creative designer and project vendors will bill you directly. Confidentiality and Work Product. We both agree to use reasonable efforts to maintain the confidentiality of any data and information communicated to us by the other party and marked as "confidential" or "proprietary" and which in fact is such, and, except as we agree or as is permitted otherwise, we will not disclose it to third parties except as appropriate in connection with the performance of the Services (or, if a court requires us to do that). will retain ownership of all of my own proprietary information, know-how, processes and techniques I use to perform the Services. All other work product which I prepare in connection with the Services and Project and provide to you as a final product shall be owned by you when you pay me in full. However, you agree that I will have the right to reference you and the general nature of the Service and/or Project to prospects, clients, lenders or investors, and also to use, reproduce and demonstrate work performed for you for projects with other clients and to create presentations, articles and the like related to the Services. I am relying solely on you, and you agree that you have, and will continue, to provide me with, current, accurate and truthful information and data on which to perform my Services, which information I will not need to, nor will I, independently verify. You agree to indemnify me and hold me harmless from any claims, liabilities, damages or costs, including attorneys fees and costs, which arise or relate to the information or communications that I produce for you and which are based on the information you have provided me. Other matters: When I say "you" that means the signing party and your representatives, agents, and contractors, with whom I will be working on the project, and your successors or assigns on the project. You agree that if I breach this agreement, your sole right will be to terminate me, and collect damages but only in amounts up to the fees that you have paid me. In the event that payment is not made as agreed, you agree to pay my costs of collection, including attorney's fees and costs. If the scope of Services or the documentation or objectives listed here change for the Project, you agree to let me know immediately so that we can restructure in writing the terms for performance of the Services and changes in payment due, if any. Any changes which we haven't written and signed will not be binding on us. You represent by your signature below, that the person accepting this letter has the actual authority to bind the entity named and that by your signature the entity is so bound. Any notices we give each other will be effective on the date they are received at the addresses shown on this letter. Thanks again for considering us for this important project! If the terms of this letter are acceptable to you, please sign below and return a copy to me for my files. Sincerely, _0~ 0~,__w Hilarie Portell The terms of this letter are acceptable to us, and we agree to its terms and authorize you to proceed with the Services. Wheat 'dge Urban a wal thority BY ITS DULY AUTHORIZ A 2 Wheat Ridge Urban Renewal Authority 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 303-235-2846 303-235-2857 (Fax) TO: Urban Renewal Authority Board Members FROM: Patrick Goff, Executive Director RE: Acquisition of Property at 7300 W. 44th Ave DATE: June 12, 2009 On June 8, 2009, City Council approved Resolution No. 26-2009 allocating approximately $275,000 of Community Development Block Grant (CDBG) funds and Jefferson County Economic Development funds to the acquisition of the property located at 7300 W. 44th Avenue. Staff has been in contact with The Fox Company, the owner of the property, and has confirmed it is still available for purchase. This parcel is critical to obtain in order to make development of the overall site at the S.E. corner of 44th and Wadsworth Boulevard viable. An update of the appraisal for the property has been requested and is projected to be completed by June 22, 2009. Once the update is received, staff will negotiate a purchase price with the owner. Depending on the final negotiated purchase price, any additional funds needed for the purchase could come either from the City's 2008 CDBG allocation of from Urban Renewal Authority funds. History Staff received direction from the WRURA Board at the September 16, 2008 meeting to present an offer to The Fox Company for the purchase of the property located at 7300 W. 44th Avenue. The offer was made and a counter offer dated October 14, 2008 was received from the Seller. The counteroffer was based on comparable sales of six auto related businesses in the area and an income approach analysis of auto related facilities. The WRURA Board withdrew their offer and negotiations ceased. An appraisal of the subject property was conducted in July 2008 by DYCO Real Estate Inc. In the opinion of the appraiser, the current market value of the fee simple estate "As Is" of July 7, 2008 is $425,000. The appraisal was based on sales comparison and the income approach. Attachment(s): 1. Request for City Council Action, Resolution 26-2009, dated June 8, 2009 City of W heat Ijdge ITEM NO: REQUEST FOR CITY COUNCIL ACTION ~ -IF COUNCIL MEETING DATE: June 8, 2009 TITLE: RESOLUTION NO. 26-2009 - A RESOLUTION DISTRIBUTING A PORTION OF THE CITY'S JURISDICTIONAL ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO THE SENIOR RESOURCE CENTER CIRCULATOR BUS SERVICE AND ALLOCATING A PORTION OF THE CITY'S JURISDICTIONAL ALLOCATION OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND JEFFERSON COUNTY ECONOMIC DEVELOPMENT FUNDS TO THE WHEAT RIDGE URBAN RENEWAL AUTHORITY FOR PURCHASE OF PROPERTY LOCATED AT 7300 W. 44T" AVENUE. ❑ PUBLIC HEARING ❑ ORDINANCES FOR 1 ST READING ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING ® RESOLUTIONS Quasi-Judicial: ❑ Yes No Director of Community Development City Manager EXECUTIVE SUMMARY: The City receives an annual allocation of Federal Housing and Urban Development Community Development Block Grant (CDBG) funds from Jefferson County. The City has approximately $133,000 of unexpended funds from our 2007 allocation (the remainder of 2007 funds) that needs to be spent so the County is not over their allowed limit for unexpended funds. In addition, the County has indicated they will be recapturing approximately $175,000 of CDBG economic development funds that also needs to be spent. The County has indicated this $175,000 could be ATTACHMENT I City Council Agenda Item Form June 8. 2009 Page 2 redistributed to Wheat Ridge if we can identify an eligible project or projects. Therefore, there is approximately $308,000 in CDBG funds that needs to be committed by July 1, 2009. The City Council adopted a policy concerning the expenditure of CDBG funds in January 2008. The policy directs CDBG funds be used to support implementation of the Neighborhood Revitalization Strategy (NRS). The City's 2007 jurisdictional allocation of CDBG funds shall be expended in the following mariner: • $28,600 to the Senior Resource Center (SRC) for their circulator bus service for Wheat Ridge residents • The remainder of the City's allocation (approximately $100,000) to be used for the acquisition of property located at 7300 W. 44th Ave. by the Wheat Ridge Urban Renewal Authority. • An amount of approximately $175,000 of Jefferson County CDBG economic development funds shall be expended for the acquisition of property located at 7300 W. 44th Ave. by the Wheat Ridge Urban Renewal Authority. C0NIMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: Property at 44"' and Wadsworth In an effort to continue pursuit of development opportunities at 44th Ave. and Wadsworth Blvd., the Urban Renewal Authority (URA) has been in contact with the owner of the transmission shop on the southeast corner regarding potentially purchasing the property. It is currently vacant and for sale. This parcel is critical to obtain in order to make development of the overall site viable. The owner has indicated an interest in selling the property to the URA. The site has a history of auto related uses that has left environmental contamination. Because of this, the site is currently undergoing a voluntary environmental clean-up. This clean-up is being monitored by the State. Due to the fact it is a voluntary clean-up, a new owner would not have liability concerning the environmental remediation passed on to them. While initially there was a question as to whether CDBG funds could be used on the site due to the environmental issues, the Department of Housing and Urban Development (HUD) made a detennination on May 26t►' that CDBG funds can be used for the acquisition of the site. Jefferson County Community Development staff supports the use of the $175,000 in recaptured economic development funds for the purchase of the transmission shop site. The Community City Council Agenda Item Form June 8, 2009 Page 3 Development Advisory Board (CDAB) will need to approve the use of the $175,000 for this use. This project was presented to the CDAB at their March meeting where it received a favorable response. At their May 28°i meeting the CDAB approved the allocation to Wheat Ridge for the acquisition of the 44`x' Ave. property. The URA could use the $175,000 in economic development funds and the remainder of the 2007 jurisdictional allocation (approximately $100,000 if funds are allocated to the SRC) to acquire the property. The exact amount of remaining 2007 jurisdictional allocation needs to be confirmed by the County. A purchase price for the property has not been determined at this time. If the purchase price for the property exceeds $275,000, funds may be needed to augment the purchase price. Additional funds could come either from the City's 2008 CDBG jurisdictional allocation or from URA funds. Senior Resource Center In June 2008, City Council approved $20,000 for the Senior Resource Center (SRC) transportation services. Specifically funds were used to start a circulator- bus service for Wheat Ridge residents. The SRC is proposing to continue the current service at a cost of $20,800. In addition, SRC would like to expand the circulator service to include a modified fixed stop or route deviation to allow residents to have door to door service if they are within a few blocks of the route. This expansion of services would cost $7,800. Therefore, the SRC is requesting a total of $28,600 to continue transportation services for Wheat Ridge seniors. This request was presented by the SRC at the May 4, 2009 City Council study session. The circulator bus service is an eligible activity and 2007 jurisdictional allocation funds could be used for this project. ALTERNATIVES CONSIDERED: While other uses for the $175,000 in economic development funds were initially discussed, it was determined the projects would not be eligible for economic development funds. City staff met with Jefferson County staff to discuss eligible uses for the economic development funds. FINANCIAL IMPACT: No financial impact to the City is anticipated. RECOMMENDED MOTION: "I move to approve Resolution No. 26-2009 authorizing $28,600 to the Senior Resource Center (SRC) for their circulator bus service for Wheat Ridge residents. I further move to accept and authorize an amount of approximately $175,000 of Jefferson County CDBG economic development funds to be expended for the acquisition of property located at 7300 W. 44th Ave. by the Wheat Ridge Urban Renewal Authority, and the remainder of the City's allocation (approximately $100,000) to be used for the acquisition of property located at 7300 W. 44th Ave. by City Council Agenda Item Form June 8, 2009 Page 4 the Wheat Ridge Urban Renewal Authority." Or, "I move to postpone indefinitely of Resolution No. 26-2009 for the following reasons: Report Initiated by: Sally Payne, Senior Planner Report Prepared by: Sally Payne Reviewed by: Ken Johnstone, Community Development Director Attachments: 1. Resolution No. 26-2009 2. Senior Circulator Bus Update Memorandum Wheat Ridge Urban Renewal Authority 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 303-235-2846 303-235-2857 (Fax) TO: Urban Renewal Authority Board Members FROM: Patrick Goff, Executive Director. RE: 3718 Ames Street DATE: June 12, 2009 Introduction The Wheat Ridge Urban Renewal Authority entered into an Agreement for Acquisition of Property on February 9, 2004 for the property located at 3718 Ames Street in Wheat Ridge Colorado. The property consists of 6,700 square feet of land including a single family residence, with a detached garage totaling approximately 2,186 square feet. The purchase price was $194,000. The house was purchased by the Authority for the Cornerstone project which was never completed. The Authority was restricted from taking any action on the property until a settlement agreement was released with the Cornerstone Group. An agreement was reached in September 2008; therefore the Authority is free to decide the fate of the property. The Authority Board has had discussions since October 2008 concerning what actions to take concerning the property at 3718 Ames Street. Additional information concerning the zoning, real estate comparisons and replacement of the furnace were requested and are provided here again for your information. A consensus was reached by the Board to revisit this issue mid-year 2009. Background Zoning The property located at 3718 Ames Street is zoned Commercial-One District (C-1) as highlighted on the attached Official Zoning Map Wheat Ridge Colorado. The C-1 district was established to provide for areas with a wide range of commercial land uses which include office, general business, and retail sales and service establishments. Attached is Section 26-218 Commercial-One District (C-1) of the Wheat Ridge Municipal Code which outlines the specific development standards for the C-1 district. The house located at 3718 Ames Street is considered a legal nonconforming use if it were continued to be used as a residence. Section 26-120 of the Wheat Ridge Municipal Code (attached) permits these nonconformities to continue until they are voluntarily removed, or until they are amortized, but not to encourage their survival. It is further intended that the nonconformities will not be enlarged, expanded, or extended, nor will they be used as grounds for adding other uses or structures prohibited in the district. If the use of the building were changed to a conforming commercial use, modifications to the building would be required to reach a reasonable level of compliance with applicable commercial building codes. Real Estate Comps Former URA Chairman Terrell Williams offered to provide real estate comps for the property located at 3718 Ames Street. Actual comps were not received in time for delivery of this packet but will be hand delivered to the Board at the meeting. Mr. Williams did note that "there aren't many `true' comps available since it's a very unusual situation. My conclusion was pretty much the same as back in December - that it's worth somewhere in the range of $110,000 to $160,000 as it sits, and probably more like $215,000 fixed up." Replacement of furnace At the December 16, 2008 WRURA meeting staff received direction from the Board to obtain estimates for removal and replacement of the furnace at 3718 Ames Street. Three bids were solicited and three proposals were received (attached). A summary is provided in the table below. Contractor Brand BTU's Efficiency Cost Staley Rheem 75,000 80% $3,495.00 B.P. Goodman 90,000 80% $3,100.00 American Heating Carrier 70,000 80% $2,470.00 Wheat Ridge Urban Renewal Authority 7500 W. 24th Avenue Wheat Ridge, Colorado 80033 303-235-2846 303-235-2857 (Fax) TO: Urban Renewal Authority Board Members FROM: Patrick Goff, Executive Director -W RE: I-70/Kipling Corridors URA Plan Tentative Schedule DATE: June 11, 2009 The scope of work with Matrix Design and Leland Consulting Group for the I-70/Kipling Corridors URA Plan includes a public outreach component. In addition, Colorado State Statutes require that the URA blight findings and plan are approved by the Planning Commission and the City Council. The tentative schedule for these remaining steps is as follows: April 15th 6:30 p.m. Urban Renewal 101 Stakeholder Meeting May 12th 6:30 p.m. Stakeholder Meeting - East of Miller Street May 19th 6:30 p.m. Stakeholder Meeting - West of Miller Street July 7th 6:00 p.m. Urban Renewal Meeting July 20th 6:30 p.m. City Council Study Session August 6th 7:00 p.m. Planning Commission Meeting August 10th 7:00 p.m. City Council Public Hearing