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HomeMy WebLinkAboutCity Council Agenda Packet 01/27/20146:45-Pre-Meeting CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING January 27, 2014 7:00p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Administrative 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. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF January 13, 2014 PROCLAMATIONS AND CEREMONIES CITIZENS' RIGHT TO SPEAK a. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 Minutes and sign the Public Comment Roster. b. Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be heard. APPROVAL OF AGENDA .1: CONSENT AGENDA a. Resolution 01-2014 -approving an Intergovernmental Agreement between the City of Wheat Ridge and the Jefferson County School District R-1 for School Resource Officer Services Q.. Motion to renew a Memorandum of Agreement with the Colorado Department of Labor and Employment, Division of Oil and Public Safety concerning Regulation of Conveyances by Local Jurisdictions c . Motion to approve the annual renewal of the Computer Aided Dispatch and Records Management System in the amount of $84,555 payable to Logistic Systems, Inc. CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING January 13. 2014 Mayor Jay called the Regular City Council Meeting to order at 7:00 p.m. ROLLCALL OF MEMBERS Jerry DiTullio Bud Starker Zachary Urban Kristi Davis Tim Fitzgerald George Pond Tracy Langworthy Genevieve Wooden Also present: City Clerk, Janelle Shaver; City Treasurer, Larry Schulz; City Attorney, Gerald Dahl; City Manager, Patrick Goff; Police Chief, Daniel Brennan; Public Works Director, Scott Brink; other staff and interested citizens. APPROVAL OF MINUTES OF December 9. 2013 Motion by Councilmember Starker for approval of the Minutes of December 9, 2013; seconded by Councilmember Davis; carried 8-0 CITIZENS' RIGHT TO SPEAK Larry Merkl (WR) requested that Council reconsider the back-in parking on 38th Avenue. People don't know how to do it. For safety it would be better to reconsider it. Kristian Teegardin brought greetings from the City of Edgewater. He announced his candidacy for Colorado House District 24. Chris Mucilli asked that the Council reconsider their vote on the back-in parking on 38th. He will be opening a business there soon and the back-in parking is dangerous in front of his shop. He's been cursed at and treated badly when doing the back-in parking, and he's seen people almost get hit. Pat Mucilli owns a building on 38th. He asked that Council reconsider the back-in parking. It creates a hazard itself, plus an additional hazard when people park head-in . When the back-in parking went in his business dropped so much he had to close his shoe store. It's time to fix it, please. At the request of Councilmember Urban, Jerry Dahl ruled that it would be appropriate at this time to consider a motion to have staff bring information [about alternatives to back- City Council Minutes January 13 , 2014 Page2 in parking] to an already-scheduled study session . It is a scheduling matter, which is allowed by Council Rules, and does not require amending the agenda. Motion by Councilmember Urban to direct staff to research the options for removing the back-in parking on 38th Avenue and replacing it with other parking options . The options should include pricing and schedules , along with any other pertinent information necessary for Council to direct staff to imp lement the changes and be brought to the next study session on January 27th ; seconded by Councilmember DiTullio . Comments and questions from the Council followed . Motion failed 2-6 w ith Councilmembers Pond, Dav is , Fitzgerald, Starker, Langworthy, and Wooden voting no. APPROVAL OF AGENDA Motion to approve the agenda by Councilmember D iTull io ; seconded by Councilmember Pond ; carried 8-0 . .1:. CONSENT AGENDA a. Motion to encumbe r funds for On -Call Traffic Signal and Repa ir Services to W .L. Contractors of Arvada , CO , in an amount not to exceed $45 ,000 [Public Works General Fund budget, Account Number 01 -303 -700-704 , Contractual Services ; a one-year renewal] Q.. Motion to encumber funds for On-Call Storm Sewer Cleaning and Repair Services to Quality Pipe Services of Englewood, CO, in an amount not to exceed $40 ,000 [Public Works General Fund budget, Account Number 1-303-700-704 , Contractual Services ; a one-year renewal] c . Motion to encumber funds for Bus Shelter Cleaning & Snow Removal Services and Bus Bench Refuse Collection and Cleaning for payment to Front Range Services , Inc. in a total amount not to exceed $36 ,000 in 2014 [Public Works General Fund budget, Account Number 1-303-700-704, Contractual Services ; a one-year renewal] fL Motion to approve payment of the Sales Tax Increment Share Backs for November and December of Fiscal Year 2013 from the Wheat Ridge Urban Renewal Authority Town Center Project in the amount of $77,160 .05 to Renewal Wheat Ridge [In September, 2011 the City Council approved an increase in the payment from 50% to 100% of the sales tax increment share back through December, 2014 .] City Council Minutes January 13, 2014 Page 3 e. Resolution No . 05-2014-approving an agreement between the City of Lakewood and the City of Wheat Ridge for Crime Lab/Crime Scene Services and authorizing payment of $68,900 to the City of Lakewood [From Account 01-212-700-704; pays salary and benefits for one Crime Lab position, plus overtime and supplies; required annual approval; will save $31,182 a year over having an in-house position] L Resolution 06-2014-approving an Intergovernmental Agreement between the City of Wheat Ridge and the City of Lakewood concerning Academy Training for Police Officer Recruits [Budgeted item; Academy operated by City of Lakewood and the Jefferson County sheriff's Office; cost is $4,200 per recruit] Councilmember Langworthy introduced the Consent Agenda. Motion by Councilmember Langworthy to approve the consent agenda; seconded by Councilmember Fitzgerald; carried 8-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Resolution No. 03-2014-authorizing the submission of an Environmental Protection Agency 2014 Brownfields Clean-Up Grant Application Mayor Jay opened the public hearing. Councilmember DiTullio introduced Resolution No. 03-2014. Clerk Shaver read the title and summary. Renewal Wheat Ridge wants to apply for an EPA Clean-Up Grant related to site contamination at 7690 W. 381h Avenue and 3700 Yukon Court. The request will be for up to $200,000 to assist with remediation of the site . Steve Art, Economic Development Coordinator, reviewed prior information about the property. Wheat Ridge urban renewal has purchased the site. Ground water clean-up and soil removal is necessary for development. Upon receipt of a NAD (No Action Determination) letter from the CO Department of Public Health we have a developer who has, in a letter, expressed interest in purchasing the property and developing it along with the other approx. 13 acres of that site. There was no public comment. Mayor Jay closed the public hearing. Motion by Councilmember DiTullio to approve Resolution No. 03-2014, a resolution authorizing the submission of an Environmental Protection Agency City Council Minutes January 13, 2014 Page4 2014 Brownfields Clean-up Grant application ; seconded by Councilmember Pond ; carried 8-0 . 3 . Council Bill No. 14-2013-revising Chapter 26 Article VIII of the Wheat Ridge Code of Laws concerning Floodplain Control Councilmember Pond introduced Council Bill14-2013 . Mayor Jay opened the public hearing . Clerk Shaver assigned Ordinance 1544. Mark Westberg (Engineering Department) was sworn in and gave a power point presentation on the action. This ordinance adopts • New state regulations • New floodplain maps • Updated terminology The City will be doing some things to help reach a Class 5 in the ratings which will help property owners in the floodplain get a higher discount on their flood insurance. There was no public comment. Mayor Jay closed the public hearing. Motion by Councilmember Pond to approve Council Bill No. 14-2013, an ordinance revising Chapter 26, Article VIII of the Wheat Ridge Code of Laws Concerning Floodplain Control, on second reading, and that it take effect 15 days after final publication; seconded by Councilmember Starker; carried 8-0 . DECISIONS, RESOLUTIONS AND MOTIONS 4. Resolution 04-2014-approving the acquisition of private property for the purpose of constructing, installing, maintaining and using Public Improvements for the Kipling Street Multi-Use Trail by either negotiation and voluntary purchase or, if necessary, through the utilization of the City's power of Eminent Domain, and authorizing such action as necessary to accomplish said purposes Councilmember Fitzgerald introduced Resolution 04-2014 . Mark Westberg gave a power point ~resentation about the plan for the Kipling Multi-Use Trail from 32"d Ave. to 441 Ave. City Council Minutes January 13, 2014 Page 5 o The Trail will be a bicycle/pedestrian trail on the east side of Kipling connecting Crown Hill, Discovery Park, the Rec Center, and Clear Creek Trail. o A dedicated bike/ped bridge will be installed across Clear Creek. o A federal process must be followed for property acquisition. o The project needs 1 0' for the trail, 2' for pedestrian lights between 32"d and 35t 11 , and 3' for Xcel poles in the remaining segments o There are three segments of trail construction : 32"d to 35th; 38th to 39th; 41st to 44th Property acquisition -- • In a few locations there are 10' of existing improvements on private property (3,989 sf). • Right of way acquisition involves 20 parcels, widths varying from 2' to 1 0'. (total of 10,150 sf, with 2,863 sf residential) • Temporary construction easements from 8' to 10'. (less than half is residential) Amenities include - • Utility undergrounding from 32"d to 35th • Pedestrian lights and street lights (pedestrian lights like the new ones at 32"d & Youngfield) • Upgraded traffic signals for bike/ped and handicapped • 9 benches with trashcans • Bike racks (10 spaces) and a bike shelter (10 spaces, probably at the park) Construction Items included - • Tree replacement (one for one.) • Landscaping/irrigation replacement • Fence replacement • Driveway reconstruction • Retaining walls (like the wall in the City Hall parking lot) Project Budget - • Design-$343,000 • Construction-$2,835,000 ~ncludes 32"d to 44th, but no new trail construction from 35th to 38t or from 39th to 41st) • Total-$3,178,000 • Federal -$2,473,000 • City-$705,000 • Any unlikely shortfall will be provided by the City • Total includes estimated ROW acquisition costs of $180,000 (not including engineering and professional services) Design Schedule- • As soon as we get ROW approval from COOT, ROW acquisition and design can begin. City Council Minutes January 13, 2014 Page6 • January 29th -2nd neighborhood meeting (Likely will be rescheduled to the first or second week in February due to delays by COOT) • Mid May, 2014-ROW acquisition should be complete • June 30, 2014-Out to bid • August 11, 2014-Design ready for Council approval Construction schedule-- • 1st Quarter 2014-Xcel undergrounding 32"d to 35th • Summer 2014-other utility relocations • September 2014-start construction • May 2015 -finish construction • Restrictions - • Work hours-7:00 am to 5:00 pm • No work on holidays or weekends Council questions - Mr. DiTullio asked if COOT was still requiring undergrounding construction be done at night only. Mr. Westberg related that Xcel needs to submit a lane shift request to COOT. When they do that COOT will give approval for daytime construction. The City has not been able to find out where Xcel is with that. Mr. Fitzgerald asked if extra trees will be planted, since we are a Tree City. Mr. Westberg stated that beyond replacement trees no extra trees are planned. Extra trees may be part of ROW negotiations with private property owners. Mr. Fitzgerald expressed a desire for more trees. Mayor Jay asked if we are still good with the timing schedule for our federal grant. Mr. Westberg assured that per DRCOG we are on schedule. Motion by Councilmember Fitzgerald to approve Resolution No. 04-2014, a resolution authorizing the acquisition of private property for the purpose of constructing, installing, maintaining and using public improvements for the Kipling Street multi-use trail by negotiation and voluntary purchase, or, if necessary through the utilization of the City's power of eminent domain and authorizing such action as necessary to accomplish said purposes; seconded by Councilmember Pond; carried 8-0 5. Resolution 02-2014-amending the Fiscal Year 2014 General Fund Budget to reflect the approval of a Supplemental Budget Appropriation in the amount of $40,000 for the required match for an EPA Brownfields Clean-Up Grant Councilmember Starker introduced Resolution 02-2014. There was no staff presentation and no questions from Council. City Council Minutes January 13, 2014 Page 7 Motion by Councilmember Starker to approve Resolution No. 02-2014. a resolution amending the fiscal year 2014 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $40,000 for the required match for an EPA Brownfields Clean-Up Grant.; seconded by Councilmember DiTullio ; carried 8-0 6. Resolution 07-2014-approving an Amendment to the Intergovernmental Agreement with the Urban Drainage Flood Control District for the funding of future Maple Grove Reservoir Maintenance and Improvements Councilmember Pond introduced Resolution 07-2014. Motion by Councilmember Pond to approve Resolution No. 07-2014, a resolution approving an amendment to the Intergovernmental Agreement with the Urban Drainage Flood Control District for the funding of future Maple Grove Reservoir maintenance and improvements.; seconded by Councilmember Langworthy; There was no staff presentation. In response to Mr. Starker's question it was pointed out that the existing agreement (in place since 1976) caps the City's responsibility at 18.75% for capital improvements. This amendment merely replaces the annual contribution method (for future maintenance/replacement of the dam) with a five-year Capital Improvement Plan (CIP) process. Motion carried 8-0 7. Motion to appoint Elected Officials to Outside Agencies Councilmember Davis introduced agenda item 7, listing the names of the proposed mayoral appointees and the agencies to which they will be appointed. Motion by Councilmember Davis to ratify the list of appointments she had just read; seconded by Councilmember Langworthy. Councilmember Starker pointed out a discrepancy in names between the background information and the actual motion for the alternate to the Community Development Advisory Council. Ms. Davis said she would correct it. Councilmember DiTullio noted that historically these appointments are discussed at a study session. Since that hadn't happened, he wondered if the appointments were set in stone. He is interested in being the School Liaison; as a teacher he could provide Council with information daily if needed. Councilmember Wooden said she had expressed interest in this position and City Council Minutes January 13, 2014 Page 8 confirmed that she has already attempted to meet with Jill Felman of the School Board and the principals of school in the City . Councilmember DiTullio requested division of the question. Motion by Councilmember Davis to appoint Councilmember Bud Starker to the Colorado Municipal League, Policy Committee Member, with Councilmember Zachary Urban appointed as alternate ; seconded by Councilmember DiTullio; carried 8-0. Motion by Councilmember Davis to appoint Mayor Joyce Jay to DR COG, Council Representative, with Councilmember Bud Starker as alternate; seconded by Councilmember Wooden; carried 8-0 . Motion by Councilmember Davis to appoint staff member Sally Payne to the Community Development Advisory Committee with Councilmember George Pond as alternate; seconded by Councilmember Starker; carried 8-0. Motion by Councilmember Davis to appoint Councilmember Bud Starker to Jefferson Economic Council; seconded by Councilmember Pond; carried 8-0. Motion by Councilmember Davis to appoint Councilmember George Pond to the Jefferson County Transportation Action and Advocacy Group ; seconded by Councilmember Wooden; carried 8-0. Motion by Councilmember Davis to appoint Councilmember Jerry DiTullio to the Police Seizure Fund; seconded by Councilmember Starker; carried 8-0. Motion by Councilmember Davis to appoint Councilmember Genevieve Wooden to the Applewood Business Association/\/Vest Chamber; seconded by Councilmember Starker; carried 8-0. Motion by Councilmember Davis to appoint Councilmember Genevieve Wooden as the Jefferson County School Liaison; seconded by Councilmember Langworthy; carried 7-1, with Councilmember DiTullio voting no. Motion by Councilmember Davis to appoint Mayor Joyce Jay and Councilmember Tim Fitzgerald to the Wheat Ridge Business District; seconded by Councilmember Starker; carried 8-0 . ~ Motion to ratify the Mayoral Appointment of Chad Harr to the Wheat Ridge Housing Authority Councilmember Urban introduced agenda item 8. City Council Minutes January 13, 2014 Page 9 Motion by Councilmember Urban to ratify the District II Mayoral appointment of Chad Harr to the Housing Authority, term to expire March 2 , 2014 ; seconded by Councilmember Fitzgerald ; carried 8-0 9. Motion to ratify the Mayoral Appointment of Tracy Langworthy to the Wheat Ridge Housing Authority Councilmember Wooden introduced agenda item 9 . Motion by Councilmember Wooden to ratify the Council Member Mayoral appointment of Tracy Langworthy to the Wheat Ridge Housing Authority, term to expire March 2, 2016; seconded by Councilmember Fitzgerald ; carried 7-1 with Councilmember DiTullio voting no . CITY MANAGER'S MATTERS none CITY ATTORNEY'S MATTERS none CITY CLERK'S MATTERS none ELECTED OFFICIALS' MATTERS Genevieve Wooden announced the Cultural Commission is having Meet the Artist this Thursday, the 16th at Mike's Camera from 5:30 -7:00 . The featured artist is Blu Hartkopp . Tracy Langworthy reminded folks of the MLK Day holiday next Monday. Mayor Jay congratulated and thanked those who will serve outside agencies. Kristi Davis thanked Mark Westberg for his presentations tonight. She assured people that the folks have been heard about the parking on 38th Avenue ; she is confident some action will take place on that in time. Zachary Urban announced Sts . Peter & Paul 's school auction on Saturday evening , February 8, at the Sons of Italy hall . It's a dinner /dance/auction night. -He also announced that on January 25 Brothers Redevelopment, based in Edgewater, is hosting a first-time home buyer education class. It's a free class available to anyone who wants to learn the pros and cons of home ownership. It will start at 9:00am. Reach out to Brothers Redevelopment for more information. -He thanked Mr. Teegardin for coming . Motion by Councilmember Davis to go into Executive Session for a conference with the City Attorney, Municipal Court Judge and appropriate staff under Charter Section City Council Minutes January 13, 2014 Page 10 Motion by Councilmember Davis to go into Executive Session for a conference with the City Attorney , Municipal Court Judge and appropriate staff under Charter Section 5.7(b)(1) and Section 24-6-402(402(4)(b), C .R.S ., specifically for legal advice from the City Attorney concerning municipal court matters ; and further to adjourn the Council meeting at the conclusion of the executive sess ion ; seconded by Councilmember Pond ; carried 8-0. The Regular City Council Meeting adjourned at 8 :26 pm. Following a short break the City Council reconvened in the lobby conference room for the executive session , which started at 8 :32pm and ended at 9 :29pm . APPROVED BY CITY COUNCIL ON January 27 , 2014 BY A VOTE OF __ to __ Kristi Davis , Mayor pro tern The preceding Minutes were prepared according to §47 of Robert's Rules of Order, i.e. they contain a record of what was done at the meeting , not what was said by the members . Recordings and DVD 's of the meetings are available for listening or viewing in the City Clerk's Office , as well as copies of Ordinances and Resolutions . ~~~# .... ~ -r-City of • :rwheatR.Ldge ITEM NO: i, ct. DATE : January 27 ,2014 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 01-2014-A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND THE JEFFERSON COUNTY SCHOOL DISTRICT R-1 FOR SCHOOL RESOURCE OFFICER SERVICES 0 PUBLIC HEARING D BIDS/MOTIONS C8J RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR I ST READING 0 ORDINANCES FOR 2 N° READING D YES The Wheat Ridge Police Department and the Jefferson County School District R-1 have worked together for several years and participated in the School Resource Officer (SRO) Program. The primary mission of the SRO Program is to provide formal instruction , informal consultation and mediation , enforcement, and problem solving for the school communities. To date, a formal , written intergovernmental agreement (IGA) between the City of Wheat Ridge and the Jefferson County School District R-1 concerning SROs has not been established. As part of the Police Department's commitment to the Commission on Accreditation for Law Enforcement Agencies (CALEA) National Accreditation, an IGA between the Public School District and the City is required by CALEA. The attached IGA is similar to formal written agreements established between other nationally accredited police departments and public school districts. PRIOR ACTION: While a School Resource Officer Program has been in place for several years , no formal written agreement has ever been made. SROIGA January 27, 2014 Page 2 FINANCIAL IM PACT: There is no additional financial impact to the City by the establishment of this IGA . The program has been in operation for several years and funded through grants and the City budget. BACKGROUN D : The Wheat Ridge Police Department has a genuine and vested interest in the positive growth and development of the community's youth. The position ofSRO has been established to provide for the assignment of police officers within the City's public and private elementary, middle, and high schools. These officers provide a forum through which students, parents, faculty, and Jaw enforcement officers can become acquainted , and as a result, earn mutual respect. This program demonstrates to parents and faculty that the agency has a genuine interest in the community's young people. This program provides a variety of educational opportunities and a positive Jaw enforcement presence in the school community. SROs are not intended to serve as security personnel in the schools , or to enforce school disciplinary policies. A written agreement for terms outlining services provided by the Public School District and law enforcement services provided by the agency is required by CALEA and includes: a . a statement of the specific services to be provided b. specific language dealing with financial agreements between the parties c. specification of the records to be maintained concerning the performance of services by the provider agency d. language dealing with the duration, modification, and termination of the contract e. specific language dealing with legal contingencies f. stipulation that the provider agency maintains control over its pers01mel g. specific arrangements for the use of equipment and facilities h. a procedure for review and revision , if needed , of the agreement. All of the elements listed above are included in this IGA to ensure compliance with CALEA standards . REC OMMEN DATI O N: It is recommended that the City Council approve the IGA between the City of Wheat Ridge and Jefferson County School District R-1 for School Resource Officer Services. RE C O MMEN DED M O T IO N: "I move to approve Resolution No. 01-2014, a resolution approving an intergovernmental agreement between the City of Wheat Ridge and the Jefferson County School District R-1 for School Resource Officer Services." Or, "I move to postpone indefinitely Resolution No . 01-2014, a resolution approving an intergovernmental agreement between the City of Wheat Ridge and the Jefferson County School District R-1 for School Resource Officer Services, for the following reason(s) " SROIGA January 2 7 , 2 014 Page 3 REPORT PREPARED/REVIEWED BY: Jim Lorentz, Division Chief Daniel Brennan, Chief of Police Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 01-2014 2. Inter-Governmental Agreement between the City of Wheat Ridge and the Jefferson County School District R-1 for School Resource Officer Services TITLE: CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 01 Series of 2014 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND THE JEFFERSON COUNTY SCHOOL DISTRICT R-1 FOR SCHOOL RESOURCE OFFICER SERVICES WHEREAS, pursuant to C.R.S. § 29-1-203, the City of Wheat Ridge ("City") and the Jefferson County School District R-1 ("District") are authorized to enter into cooperative agreements with other governmental entities to provide any function, service or facility each is authorized to undertake; and WHEREAS, the City is authorized to provide law enforcement services and the District is authorized to provide public education services; and WHEREAS, the City and the District each recognize the value in cooperating to proactively provide a consistent and visible law enforcement presence in schools; and WHEREAS, the parties have therefore developed a School Resource Officer Program that places a uniformed police officer in certain District schools located within the City; and WHEREAS, the parties have memorialized the terms of said School Resource Officer Program in an intergovernmental agreement; and WHEREAS, in accordance with Section 14.2 of the City's Home Rule Charter, the City Council wishes to approve said intergovernmental agreement by resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: THE INTERGOVERNMENTAL AGREEMENT FOR SCHOOL RESOURCE OFFICER SERVICES BY AND BETWEEN THE CITY OF WHEAT RIDGE AND THE JEFFERSON COUNTY SCHOOL DISTRICT R-1, ATTACHED TO THIS RESOLUTION AND INCORPORATED HEREIN BY REFERENCE, IS HEREBY APPROVED. DONE AND RESOLVED this 2ih day of January, 2014. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk Attachment 1 INTERGOVERNMENTAL AGREEMENT FOR SCHOOL RESOURCE OFFICER SERVICES This Intergovernmental Agreement for School Resource Officer Services (this "Agreement") is made and entered into as of the 1st day of January, 2014 (the "Effective Date"), by and between the Jefferson County School District R-1 (the "District") and the City of Wheat Ridge , Colorado (the "City"). RECITALS WHEREAS , the District, the City, and the community are impacted by the demands placed upon them to address incidents and situations directly or indirectly related to juveniles and the schools ; and WHEREAS , the problems of juvenile crime, drug abuse, gang involvement , and other youth- related problems which negatively affect the community and the schools , can best be addressed in a proactive and preventative manner; and WHEREAS , the District and the Wheat Ridge Police Department (the "Department ") have developed a School Resource Officer Program to provide a school-based approach to the development of a positive relationship between students and law enforcement and the prevention of juvenile crime, drug abuse and gang involvement by our community's young people; and WHEREAS , such programs are recognized as being effective in the development of a positive relationship between law enforcement agencies and young people , and in the prevention of juvenile crime. NOW , THEREFORE, in consideration of the mutual covenants and promises set forth herein, the District and the City agree as follows: I. OBLIGATIONS AND RESPONSIBILITIES OF THE CITY AND THE DEPARTMENT a. The City, by and through the Department, agrees to provide the District with law enforcement officers who shall act as School Resource Officers (SRO) at District schools located in the City for the term of this Agreement. The number of SROs shall be agreed upon between the Department and the District based on the communicated needs of the District and the ability of the Department to provide staffing for SROs. b. Adjustments outside these regular hours at a school may be made by mutual agreement between the school administration and the Department. c. SROs will be City employees recruited and employed by the City . The SROs ' salaries , payroll taxes , payroll based expenses , including workers compensation insurance, and benefits are the responsibility of, and will be paid exclusively by the City. d. SRO 's will report directly to the Department and will follow Department command structure. e. The Department will provide SRO training as is required by state statute. f. All scheduling, deployment and supervision of SROs will be the responsibility of the Department. g. The Department reserves the right to remove/re-assign any SRO as long as prior notification is given to the District. h. SROs will provide focused law enforcement services to students , staff, and the surrounding community to include routine patrol , traffic enforcement, preliminary crime investigation and Attachment 2 1 responding to calls for service, and the SRO's shall perform additional functions including but not limited to the following: 1. Differentiate between disciplinary issues and crime problems and respond appropriately. 2. De-escalate school-based incidents whenever possible. 3. Conduct and participate in the investigation of criminal offenses on campus. 4. Understand that the District has adopted a discipline code that emphasizes the use of restorative approaches to address behaviors , and is designed to minimize the use of law enforcement intervention. 5. Enhance school safety on school grounds to help foster a safe and secure learning environment. 6. As partners with the District, when appropriate, SROs may assist with resolving law enforcement issues that affect the District and the broader community. 7. Provide a positive liaison between the Department, the students, the school administration and the Department of Security and Emergency Management. 8. Participate in meetings with school administration when requested by school administration during the SRO's normal shift. 9. Officers making an arrest or writing a citation/summons to a student at school , at a school event, or on a school vehicle shall notify the school principal or the principal's designee in a reasonable time period , not to exceed the mandates as set forth in state law. 1 0. Question students in a manner and a time when it has the least impact on the student/suspect's schooling so long as the delay in questioning does not interfere with the effectiveness of the investigation. II. THE SCHOOL DISTRICT'S AND SCHOOL ADMINISTRATION'S OBLIGATIONS AND RESPONSIBILITIES a. The District reserves the right to request the removal/re-assignment of any SRO for any reasonable cause the District provides in writing to the Department after other attempts to correct the problem have been explored. b. The District agrees to provide each School Resource Officer with workspace and access to computer systems while the School Resource Officer is present at District locations. c. School Administration will arrange meetings with the SRO as needed by the school administration . d . School Administration will de-escalate school-based incidents whenever possible and will make every effort to handle routine discipline (code of conduct) within the school without involving the SRO in an enforcement capacity (issuing citations) unless it is absolutely necessary or required by law. e. The District and School Administration will cooperate with Department-initiated investigations and actions without hindering or interfering with Department functions or the assigned SRO's assigned duties. f. School Administration will provide ongoing feedback to the Department for evaluation purposes. 2 g. School Administration will notify parents as soon as possible when students are ticked or arrested. III. SCHEDULING Each SRO shall be assigned to work at a specific school by the Department in collaboration with the District. The Department will schedule the working hours of the SROs supporting District schools taking into account the school year calendar of the District. The hours of SRO availability will be during normal school hours while the school is in session. Assignments will be communicated to the school Principal and Department of Security and Emergency Management. IV. PROGRAM DIRECTION Each SRO shall be given the flexibility to be mobile and visible throughout the campus , neighborhood or community as needs dictate. The SRO shall determine what physical location is best to maintain officer safety and tactical advantage at all times. The SRO shall not be assigned duties that are the responsibility of the District or a school employee. SROs shall have continuing authority to determine whenever a summons shall or shall not be issued or an arrest made. The SRO may consult with the school principal to evaluate the implications, impacts and alternatives , if any, regarding an incident or event. V. TERM The term of this Agreement shall be for one (1) year commencing on January 1, 2014 . The Agreement shall automatically renew for consecutive one (I) year terms unless otherwise terminated as set forth below. VI. Termination. This Agreement may be terminated by either party at any time by providing thirty (30) days advance written notice to the other party. VII. Relationship of the parties. Each party is an independent governmental entity and this Agreement and the transactions contemplated hereunder shall not create between the parties a relationship of agency, joint venture, partnership or employment. Each party acknowledges that the performance of its obligations under this Agreement shall not result in any change in the employment status of such party's respective employees, and such party's employees shall remain solely employees of such party. Further, the employees and agents of a party shall only be entitled to salary, employment/unemployment benefits or other compensation from that party. VIII. No Third party Beneficiaries. There are no intended third-party beneficiaries to this Agreement. IX. Liability of the Parties. The provision of services under this Agreement is for the benefit of the parties to the Agreement. Each party agrees to be responsible for its own liability incurred as a result of its participation in this Agreement. In the event any claim is litigated , each party will be responsible for its own expenses of litigation or other costs associated with enforcing this Agreement. 3 X. Nonassignment. This Agreement shall not be assigned or delegated by a party without the prior written consent of the other. XI. Binding Effect. This Agreement shall inure to the benefit of, and be binding upon, the parties , and their respective legal representatives and successors. XII. Notices. All notices under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre-paid , first class United States Mail , addressed as follows: If to THE CITY: Dan Brennan, Chief of Police Wheat Ridge Police Department 7500 W 29th Avenue Wheat Ridge, CO 80033 with a copy to : Wheat Ridge City Attorney Murray Dahl Kuechenmeister & Renaud , LLP 1530 16th Street, Suite 200 Denver, CO 80202 If to THE DISTRICT: John McDonald Executive Director -Secmity and Emergency Management Jeffco Public Schools 1829 Denver West Drive, Bldg. #27 Golden, Colorado 80401 with a copy to District's Chief Legal Officer (same address as above), or to such other address or addresses as either party may designate in writing. XIII. Local Concern. The Parties agree and acknowledge that the activities contained in this Agreement are matters of local concern only, and the Parties have mutually joined together for the performance of the matters of local concern, and that nothing in this Agreement shall be construed as matters of statewide concern. XIV. Integration. This Agreement constitutes the entire Agreement between the Parties , superseding all prior oral or written communications. XV. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado and any legal action concerning the provision hereof shall be brought in Jefferson County, Colorado. XVI. Review and Amendment. Each party to this Agreement reserves the right to review the terms of this Agreement at any time. The City and the District agree to negotiate in good faith to resolve any disputes regarding the terms of this Agreement or to review any changes necessary to affect the purposes set forth herein. This Agreement may not be modified or amended except in a writing signed by the parties. 4 XVII. Counterparts. Thls Agreement may be executed in counterpart, each of which will be deemed an original. Delivery of an executed signature page of this Agreement by facsimile or email transmission will constitute effective and binding execution and delivery of this Agreement. XVIII. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason , the remaining provisions hereof shall remain in full force and effect. XIX. Immunities Preserved. It is the intention of the parties that this Agreement shall not be construed as a contractual waiver of any immunities, defenses or monetary limitations provided by the Colorado Governmental Immunities Act, §24-1 0-101 , C.R.S , et. seq . IN WITNESS WHEREOF , the Parties have caused this Intergovernmental Agreement for School Resource Officer Services to be executed and effective as of the Effective Date. ATTEST: Janelle Shaver, City Clerk CITY OF WHEAT RIDGE, COLORADO Joyce Jay, Mayor APPROVED AS TO FORM: Gerald E. Dahl , City Attorney 5 JEFFERSON COUNTY R-1 SCHOOLS By: ------------------------- Name: Title: The foregoing Agreement for School Resource Officer Services was acknowledged before me this _____ day of , 2014 , as of Jefferson County R-1 Schools. WITNESS my hand and official seal. My Commission expires: ---------------- Notary Public 6 .,.~A, ... ~ .,. City of • JP'Wheat:R.i_dge ITEM NO: _l._{r, DATE: January 27,2014 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO RENEW A MEMORANDUM OF AGREEMENT WITH THE COLORADO DEPARTMENT OF LABOR AND EMPLOYMENT, DIVISION OF OIL AND PUBLIC SAFETY CONCERNING REGULATION OF CONVEYANCES BY LOCAL JURISDICTIONS 0 PUBLIC HEARING ~ BIDS/MOTIONS 0 RESOLUTIONS ISSUE: D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2ND READING In 2008 the City of Wheat Ridge executed a Memorandum of Agreement (MOA) with the State of Colorado Division of Oil and Public Safety which allowed the City to act as the authority having jurisdiction within the City to oversee an inspection program as mandated by the state for inspection of conveyances , more commonly referred to as elevators and lifts. That MOA recently expired and requires renewal , with the approval of City Council , to maintain the City's authority to administer the current conveyance inspection program. The proposed renewal period is from January 13 ,2014 through September 30 ,2018. PRIOR ACTION: The previous MOA as approved by City Council in 2008. FINANCIAL IMPACT: The City bills conveyance owners on an annual basis for the cost of the third-party inspections that are performed , currently $180 per year per conveyance, and an additional administrative fee of $30 per year per conveyance. Renewal of the agreement would have no financial impact on the City as continuation ofthe current conveyance inspection program was included in the 2014 Building Division budget. Approximately 127 conveyances currently exist within the City, and at a rate of$30 per conveyance for administrative fees , expiration and non-renewal ofthe Council Action Form January 27 , 2014 Page 2 agreement would result in a loss of revenue in the amount of $3 ,810 per year. Non-renewal could potentially result in unknown unreimbursed administrative costs associated with execution of orders on behalf of the Division of Oil and Public Safety (OPS). BACKGROUND: The City has administered a conveyance inspection program at the local level for more than 1 0 years using third-party state-approved and certified conveyance inspectors. Conveyance owners are billed for the state-mandated inspections at the same cost paid by the City with an additional $30 administrative fee per conveyance. A Denver area regional inspection program was at one time staffed through the Denver Regional Council of Governments (DR COG) and Wheat Ridge , as with most communities , utilized their program . In 2008 , The Colorado Division of Oil and Public Safety, which oversees the conveyance licensing and inspection program at a state level , altered the program to allow local jurisdictions to return control to the state or to maintain a local program . DRCOG stopped their inspection progran1 at this same time. The City of Wheat Ridge opted to maintain a local program and executed a MOA establishing authority for that program through October 2013. The program has continued since that time without issue and renewal of the MOAs required to maintain the City's local inspection program , proposed through 2018. RECOMMENDATIONS: Staff recommends approval and execution of the MOA maintaining the City 's authority to administer a locally-managed conveyance regulation and inspection program and maintaining the City's control of conveyances under its jurisdiction. RECOMMENDED MOTION: "I move to approve the renewal of the Memorandum of Agreement with the State of Colorado Department of Labor and Employment, Division of Oil and Public Safety, concerning regulation and inspection of conveyances by local jurisdictions." OR, "I move to deny the renewal of the Memorandum of Agreement with the State of Colorado Department of Labor and Employment, Division of Oil and Safety, concerning regulation and inspection of conveyances by local jurisdictions, for the following reason(s) " REPORT PREPARED/REVIEWED BY: John Schumacher, Chief Building Official Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ' ATTACHMENTS: 1. Memorandum of Agreement MEMORANDUM OF AGREEMENT-CMS #14-16228 FOR LOCAL JURISDICTION REGULATION OF CONVEYANCES Pursuant to the Elevator and Escalator Certification Act Title 9 Article 5.5, Colorado Revised Statutes THIS MEMORANDUM OF AGREEMENT ("MOA ") is entered into on this 27th day of January, 2014, between the the Colorado Department of Labor and Employment, Division of Oil and Public Safety ("OPS "), 633 17th Street, Suite 500, Denver, Colorado 80202 -3610 and City of Wheat Ridge, Colorado ("Authority Having Jurisdiction" or "AHJ"), located at 7500 West 29 th Avenue, Wheat Ridge , Colorado 80033 (collectively referred to as the "Parties"). I. BACKGROUND The Elevator and Escalator Certification Act (the 'Act'), Title 9, Article 5.5, Sections 101 through 120, Colorado Revised Statutes (C.R.S.), declares that "in order to ensure minimum safety standards throughout Colorado, the regulation of conveyances is a matter of statewide concern ". Conveyance Regulations, 7 Colorado Code of Regulations (CCR] 1101-8, have been promulgated to implement the requirements in the Act, and associated policies and guidance have been developed to further clarify requirements in regulations. The Act allows a local authority having jurisdiction (AHJ) to enter into an MOA with OPS to regulate conveyances that are located within its territory (city, county or city and county) of authority. Following OPS's approval of the AHJ's conveyance standards and execution of this MOA , the AHJ will be considered an Approved AHJ . Documents incorporated herein and by reference to this MOA are Appendix A, Elevator and Escalator Certification Act, and Appendix B, Conveyance Regulations . II. AUTHORITY AND PURPOSE The principle authority for this MOA is contained in §9 -5.5-112 (2), C.R.S. The Parties have entered into this MOA to : • Identify the responsibilities of each party for ensuring the safety of conveyances within the State of Colorado through compliance with the Act, regulations, and associated policies and guidance; • Formalize the cooperative working relationships between the Parties; and • To provide procedures for communications, exchange of information, and resolution of problems as necessary to carry out the provisions of the Act and regulations. Ill. EFFECTIVE DATE AND TERM This MOA shall be effective on January 27, 2014 upon the satisfaction of OPS that the AHJ has developed a program that can adequately regulate conveyances within its territory. This MOA will terminate on September 30, 2018, unless terminated sooner as specified herein. IV. RESPONSIBILITES OF OPS A. OPS shall approve the AHJ entering into this MOA. B. OPS shall adopt nationally recognized conveyance safety standards. C. OPS shall require that all newly installed and existing conveyances in the State of Colorado are registered with OPS . This process will include the collection of a one-time registration fee from the conveyance owner. D. OPS shall require that all conveyance contractors, mechanics, and inspectors conducting work in the State of Colorado are licensed through OPS. V. RESPONSIBILITES OF THE AHJ A. The AHJ shall operate and enforce a conveyance regulation program within its territory of authority with standards equal to or more stringent than those within current OPS statute and regulation. B. The AHJ shall be responsible for relaying information regarding conveyances within its territory to the OPS on an annual frequency. This information shall be submitted to OPS no later than February 28 th of each calendar year and shall include information from the previous calendar year. The information and information format shall be determined by the OPS and shall be incorporated by reference herein to this MOA. C. The AHJ shall, in cooperation with OPS, establish a schedule for the AHJ to initially adopt standards listed in §9-5.5-112 (1 ), C.R.S. Following this initial adoption, the AHJ shall remain current in adoption of future standard versions within 90 days from the date at which OPS adopts the standard. D. The AHJ shall be responsible for ensuring that all new and existing conveyances regulated by OPS within the territory of the AHJ are registered with OPS prior to issuing a Certificate of Operation for those conveyances. E. The AHJ shall be responsible for ensuring that all entities described in IV . D. above are licensed with OPS prior to conducting work in its territory. Information regarding unlicensed entities shall be reported to OPS immediately in order that OPS enforcement be initiated. F. Within 24 hours of notification received by the AHJ, the AHJ shall notify OPS of any accident resulting in injury to an individual. FINAL Attachment 1 G. If the AHJ utilizes a subcontractor in the performance of its responsibilities under this MOA, the AHJ shall ensure that the subcontractor holds all required licenses and/or certification to perform their responsibilities, and maintains adequate insurance coverage at all times while performing their responsibilities. H. If allowed per AHJ regulations, the AHJ shall review and make determination of approval or denial for all Alternate Materials and Methods Requests (AMMR-code variances) submitted by conveyance owners or contractors. The AHJ must notify the OPS on all AMMR determinations. VI. ACCESS TO INFORMATION A. To the extent allowed by law, each party shall make available to each to the other party, at no cost, information regarding conveyances within its territory. Requests for information shall not impose an unreasonable resource burden on the other party. B. Upon reasonable notice to the AHJ during the term of this MOA, OPS may inspect and review AH)'s records with regard to this MOA. VII. TERMINATION The Parties may terminate this MOA for their convenience by notifying the other party in writing, as described in Section VIII C of this MOA, of their intent to terminate this MOA. Such termination shall be effective thirty (30) calendar days following notice. Notwithstanding the above, OPS may terminate this MOA immediately if the AHJ fails to satisfactorily perform its responsibilities hereunder during the term of this MOA. VIII. GENERAL PROVISIONS A. Legal Authority The parties warrant that each possesses actual. legal authority to enter into this MOA. The parties further warrant that each has taken all actions required by its applicable law, procedures, rules, or by-laws to exercise that authority, and to lawfully authorize its undersigned signatory to execute this MOA and bind that party to its terms. The person or persons signing this MOA, or any attachments or amendments hereto, also warrant(s) that such person(s) possesses actual, legal authority to execute this MOA, and any attachments or amendments hereto, on behalf of that party. B. Notice of Pending Litigation Unless otherwise provided for in this MOA, the AHJ shall notify the OPS individuals, as listed below inC, within five (5) working days after being served with a summons, complaint, or other pleading in a case which involves any services provided under this MOA and which has been filed in any federal or state court or administrative agency. C. Notice Procedure All notices required to be given under this MOA shall be in writing and shall be deemed given when personally served or three (3) days after deposit in the United States Mail, certified mail, return receipt requested, and addressed to the following parties or to such other addressee(s) as may be designated by a notice complying with the foregoing requirements. If sent by facsimile, notice shall be deemed given at the time of completion of the transmission of the facsimile with facsimile machine confirmation of transmission to the correct facsimile number of all pages of the notice. For the AH): Name & Title: john C. Schumacher, Jr. Chief Building Official Address: 7500 West 29th Avenue Wheat Ridge, Colorado 80033 Phone/Fax: (303)_ 235-2853/_(303) 237-8929 ForOPS: Name & Title: Lisa Eze, Purchasing Director Address: Colorado Department of Labor & Employment 633 17lh Street, Suite 1100, Denver CO 80202 Phone/Fax: 303-318-8054, 303-318-8068 W 'th t I a copy o: Name & Title: Greg johnson, Conveyance Section Manager Address: Colorado Department of Labor & Employment Oil & Public Safety Division 633 17th Street, Suite 500, Denver CO 80202 Phone/Fax: 303-318-8536, 303-318-8534 FINAl By: D. Independent Contractor Neither AH) nor any agent or employee of AH) shall be or shall be deemed to be an agent or employee of OPS. E. Third-Party Claims Only to the extent that indemnification is consistent with any constitutional or statutory limitations on the AH)'s ability to indemnify others, the AH) shall indemnify and hold OPS harmless against any third party claims that may arise under this MOA as a direct result of the A H)'s performance or non -performance of its responsibilities hereunder. F. Adherence To Applicable Laws. At all times during the term of this MOA, both parties shall comply with all applicable federal and state laws, regulations, rules, or procedures, as these provisions currently exist or may hereafter be amended, all of which are incorporated herein by reference and made a part of the terms and conditions of this MOA. G. Venue. The Parties agree that exclusive venue for any action related to this MOA shall be filed in the City and County of Denver, Colorado. H. Governmental Immunity Act No term or condition of this MOA shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions, of the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S .C. 2671 et seq., as applicable, as now or hereafter amended. I. Entire Understanding This MOA is the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment shall have any force or effect whatsoever, unless embodied in writing. No subsequent novation, renewal, addition, deletion, or other amendment shall have any force or effect unless embodied in a written contract executed and approved by the Parties. IX. APPROVALS The Parties hereto have executed this MOA. Joyce Jay Mayor Date : _____ _ By: Colorado Department of Labor and Employment Division of Oil and Public Safety Mahesh Albuquerque, Director Date : _____ _ FINAL ~ ~ . ~ .. ~ , City of • ?WheatRi_dge ITEM NO :~· DATE: January 27 , 2014 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE THE ANNUAL RENEWAL OF THE COMPUTER AIDED DISPATCH AND RECORDS MANAGEMENT SYSTEM IN THE AMOUNT OF $84,555 PAYABLE TO LOGISTIC SYSTEMS, INC. D PUBLIC HEARING cgj BIDS/MOTIONS 0 RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR I ST READING 0 ORDINANCES FOR 2N° READING D YES The annual renewal of licensing and support of the existing computer aided dispatch (CAD), records management system (RMS), and mobile field reporting Logisys First Report (LFR) is necessary to maintain the software for the police department. The annual renewal of licensing and support will cost $84 ,555 which has been approved in the 2014 Budget. PRIOR ACTION: Approved by Council FINANCIAL IMPACT: $84 ,555 budgeted for 2014 in the IT Budget BACKGROUND: The proposed annual renewal of licensing and support of the existing CAD , RMS , and mobile field reporting LFR is necessary to maintain the software for the police department and public safety. The annual renewal of licensing and support will cost $84 ,555 which was approved in the 2014 Budget. This package is all-inclusi v e for licensing and technical support services . It Council Action Form January 27 , 2014 Page2 includes software upgrades and bug fixes and patches , plus technical support to implement these software enhancements and fixes. Currently, the CAD , RMS and LFR systems are functional on the Dell PowerEdge Server that was replaced in January 2012. The continued renewal of the annual licensing and support contract is necessary to maintain and keep the software for these systems up to date. RECOMMENDATIONS: Staff recommends approval of the annual renewal of the computer aided dispatch and records management system. RECOMMENDED MOTION: "I move to approve the annual renewal of the computer aided dispatch and records management system in the amount of $84,555 payable to Logistic Systems." Or, "I move to deny the annual renewal of the computer aided dispatch and records management system in the amount of$84,555 payable to Logistic Systems for the following reason(s) , REPORT PREPARED AND REVIEWED BY: Michael Steinke, IT Manager Heather Geyer, Administrative Services Director Patrick Goff, City Manager ATTACHMENTS: 1. Logistic Systems Invoice # 021989 LOGISTIC SYSTEMS, INC. 3000 PALMER ST MISSOULA, MT 59808 Sold WHEAT RIDGE (CITY OF) PO To: ATTN: MIKE STEINKE 7500 W 29TH AVE WHEAT RIDGE I co 80033 Ship Via.: Ship Date: 01/06/14 Due Date.: 01/06/14 Terms .... : RECEIPT Item I .D./Desc . Ordered LOGISYS FIRSTCALL CAD SYSTEM E911 ANI I ALI INTERFACE SPECTRACOM NETCLOCK INTERFACE CCIC/NCIC INTERFACE MOBILE COMPUTING INTERFACE *************** * * * I N V 0 I C E * * * *************** Document Number: 021989 Document Date: 01/06/14 Page: 1 Ship msteinke To: @ci.wheatridge.co.us Shipped Cust I.D ..... : WHEATP P.O. Number .. : P.O. Date .... : 01/06/14 Job/Order No.: Salesperson .. : Unit Price Net TX 14145.00 E 1194.00 E LOGISYS DATATRAK RECORD MANAGEMENT SYST 629.00 E 629 .00 E 2513.00 E 31168.00 E 1167.00 E 918.00 E 12511.00 E 3658.00 E Continued .... RMS TO JUVENILE DEFENDER SYSTEM RMS TO COURT INTERFACE LOGISYS FIELD REPORTING SOFTWARE NORTHSTAR CAD Subtotal: 68532.00 Attachment 1 LOGISTIC SYSTEMS, INC. 3000 PALMER ST MISSOULA, MT 59808 Sold WHEAT RIDGE (CITY OF) PD To : ATTN: MIKE STEINKE 7500 W 29TH AVE WHEAT RIDGE I co 80033 Ship Via.: Ship Date: 01/06/14 Due Date.: 01/06/14 Terms .... : RECEIPT *************** * * * I N V 0 I C E * * * *************** Document Number: 021989 Document Date: 01/06/14 Page: 2 Ship msteinke To: @ci.wheatridge.co.us Cust I.D ..... : WHEATP P.O. Number .. : P.O. Date .... : 01/06/14 Job/Order No.: Salesperson .. : Item I .D./Desc. Ordered Shipped Unit Price Net TX LFR ACCIDENT MODULE INTERFACE TO DYNAMIC IMAGING MUGSHOT SOLUTION INTERFACE UTILITY FOR PD MAGIC NORTHSTAR ADVANCED LOGISYS CADTRAK SOFTWARE MODIFICATIONS TO THE CASE MANAGEMENT MODULE PICTOMETRY INTERFACE 2014 LICENSE AND MAINTENANCE FEES 1.20% CPI ADJ Send billing error notice within (60) days of inv date to asteele@edulog.com, (406)728-0921 X-3123. Service charges at 12% annually will accrue on past due accounts. Subtotal: Tax ..... : Total ... : 1663.00 E 364.00 E 726.00 E 5085.00 E 2989.00 E 3799.00 E 1397.00 E 0.00 E 84555.00 0.00 84555.00 ,.~ .. ~ ... ., City of :rwlieatRi_dge ITEMNO: ~. DATE: January 27 ,2014 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 09-2014 - A RESOLUTION APPROVING A FIRST AMENDMENT TO THE I-70/KIPLING CORRIDORS URBAN RENEWAL PLAN TO ALLOW FOR THE UTILIZATION OF TAX INCREMENT FINANCING [gJ PUBLIC HEARING D BIDS /MOTIONS [gJ RESOLUTIONS D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2N° READING QUASI-JUDICIAL: D YES [gJ NO o~Ml~ City Manager ISSUE: Renewal Wheat Ridge (RWR) received a Tax Increment Financing (TIF) agreement application from MVG Development for the redevelopment of a commercial property at the southwest corner of Kipling Street and 38th Avenue. The proposed project is located in the I-70/Kipling Corridors Urban Renewal Plan (the Plan) project area. The Plan authorized RWR to use TIF, but utilization for a particular project was not adopted. This amendment adopts the utilization ofTIF only for the MVG redevelopment area. PRIOR ACTION: The Council approved the Plan in May 2009. There have been no amendments to the Plan. The Planning Commission adopted a resolution on December 19,2013 finding the use ofTIF for the MVG redevelopment project in conformance with the Comprehensive Plan. FINANCIAL IMPACT: As a result of approving this first amendment, RWR would at a future date enter into a TIF agreement with MVG. The TIF would include the sales tax and property tax increments generated on this site. An independent impact analysis indicates a current property tax base of $78,741 and a sales tax base of approximately $31,500. All affected agencies , including the City, will continue to receive their current tax base portion of property and sales tax as per Urban Renewal law. At full build out , the project 's pro forma estimates the property tax increment in 2016 will be just over $148 ,000 and increasing to $271,000 by 2038. In addition, the sales tax Council Action Form January 27 , 2014 Page2 increment in 2015 is projected to be just over $460,000 and increasing to approximately $744,000 by 2038. BACKGROUND: The site for the future MVG redevelopment has had many uses since its original agricultural purpose in 1937. In the 1940s , the small complex located behind the Starbucks was constructed. In 1961, the existing commercial structure was completed for the original Safeway grocery store. That building now houses the Family Thrift Store. In 1974, two additional commercial structures were built. These two building are occupied by Clancy 's Irish Pub , Starbucks and Cost Cutters , along with a few minor tenants. During its 40 years of operations , the entire shopping center has fallen into disrepair. Numerous code enforcement issues are continually addressed by the City including potholes and weeds in the parking lot , illegal dumping, transient occupancy of the vacant buildings , and general maintenance issues. In addition, the site has poor drainage which leads to occasional flooding in the structures located at the northern portion of the property. There are additional site constraints related to circulation , access , site sloping, inadequate parking in proximity to the Starbucks , and no significant landscaping anywhere on the 6.3 acres. The subject property, a blighted and under-performing commercial comer, was identified by RWR in the Plan and by the community in the City 's Comprehensive Plan , Envision Wheat Ridge as an area in need of a transformative redevelopment project. In the opinion of staff, this objective is possible if existing improvements are replaced with new structures and the entire development is better connected to established neighborhoods surrounding the property. R WR and the City have attempted to locate a developer to purchase the property for many years. Staff attended the International Council of Shopping Center's (ICSC) annual conference numerous times to market this site. Throughout 2012 and 2013 , staff created working relationships with all of the property owners. These relationships were critical in enabling staff to obtain agreement from the property owners to sell their individual parcels to a private developer. MVG stepped in to begin extended negotiations with all four property owners and approached staff to inquire about the potential to implement TIF for the project. Proposed Project As the master developer of the site, MVG intends to : • Demolish all existing blighted structures that it acquires . • Install new public improvements (drainage, sidewalk, landscaping, etc) and bury the above-ground utilities. • Construct a new mixed-use development including retail and a senior housing facility on the 6 .3 acre site. MVG proposes construction of a 27,000 sq. ft. retail grocery store to be occupied by Sprouts Farmers Market (Sprouts). Starbucks/Cost Cutters may continue to operate in their current facilities ; however, Starbucks has expressed interest in a new store with a drive-thru to generate Council Action Form January 27 , 2014 Page3 higher sales. One additional retail pad would be made available and is expected to be occupied by a quick service restaurant. The senior housing component will consist of a 64-unit assisted living and memory care facility and will be located on the northwestern portion of the site where the current strip center exists today. MVG Development has signed purchase and sale agreements with three of the four property owners. Negotiations are currently underway to acquire the fourth property that is occupied by Starbucks and Cost Cutters. MVG expects to have a purchase and sale agreement executed within the next 30 days. MVG is actively negotiating the lease agreement with Sprouts as the anchor tenant for the retail component. The project has been approved by the Sprouts Real Estate Committee, as well as by the company's President. All necessary site visits to approve the project have been completed and Sprouts expects MVG to deliver a finished building in the 4 1h quarter of2014 for an expected January 2015 opening. Developme11t lllcelltive Package Request a11d Procedures The 1-70/Kipling Corridors Urban Renewal Plan has stated objectives to reduce, eliminate and prevent the spread of blight within the project area. To accomplish this purpose, the Plan promotes local objectives with respect to appropriate land uses , private investment and public improvements. The Plan, while not a regulating document, envisions new uses and redevelopment of existing uses in an architectural style that is regionally relevant. Staff feels this project meets the goals of the Plan. The Plan authorizes RWR to participate in redevelopment activities including demolition, public improvements, land acquisition , redevelopment, rehabilitation, and relocation. Completion of these activities may be financed in whole or part by RWR using TIF generated from property and sales taxes. At the November 19 ,2013 RWR meeting, Greg Moran, Jon Rankin and John Reinsma from MVG presented the proposed development and their justification for the TIF request. MVG provided the following items as barriers to development in the absence ofTIF: • In order to consolidate all four parcels required for the redevelopment project, MVG is paying above market value for the properties. • The site suffers from poor infrastructure which requires extensive site grading and utility undergrounding. R WR recommended proceeding forward with the proposed TIF and implementation steps to approve an agreement. Based on this recommendation, MVG hired Ricker/Cunningham (Ricker) and its principals, Anne Ricker and Bill Cunningham to complete a project pro forma and impact analysis for the project. Council Action Form January 27 , 2014 Page4 An independent third party, Gruen Gruen + Associates , was contracted by RWR to provide an independent analysis of the project's pro forma. The report indicated that the use ofTIF is warranted for this project to proceed successfully. Staff is negotiating with MVG on the amount ofTIF required and the mechanisms to monetize the project. Staffwill provide that agreement to RWR and Council at a future date. An amendment to the Plan is required to authorize the use ofTIF. This amendment is considered a substantial modification and requires that R WR satisfy the following: • Prepare an amendment to the Plan. This was completed in November, 2013 and attached to this report. • Submit the first amendment to the Planning Commission for review for conformity with the City's general plan at least thirty (30) days before the public hearing (C.R.S. § 31-25-1 07(2)). This item was heard and approved at the December 19 , 20 13 meeting. • Provide a 30-day written notice to all property owners, residents and owners of businesses within the Plan area (C.R.S. § 31-25-107(4)(c)). Notices were sent on December 21 ,2103. • Submit the modification to the board of county commissioners at least thirty (30) days before public hearing (C.R .S . § 31-25-107(3 .5)). If the proposed modification contains TIF provisions , an impact statement must also be presented to the board of county commissioners containing specific information required by C.R.S . § 31-25-1 07(3.5). The plan modification and impact report was submitted to the office of the commissioners on December 26, 2013. • Post the public hearing notice. The notice was published on December 19 , 2013 in the Wheat Ridge Transcript. Upon completion of those items , Council is required to conduct a public hearing (C .R.S. § 31-25-1 07( 4)). After the public hearing and adoption of a resolution , the county assessor will be notified of the TIF provision (C.R.S . § 31-25-1 07(1 0)). REC OMMEN DATI ONS: Staff recommends moving forward with the substantial modification for the following reasons : 1. The project will add new retail options with the addition of a Sprouts Farmers Market. 2. The residential component will add a needed service for the City and surrounding area by providing alternative options for long-term care. 3. The project may act as a catalyst for future development and redevelopment of sites along the 38th Avenue corridor and the Plan area. 4. The project will create additional property and sales tax over time for RWR, the City and other taxing entities. 5 . The project will remove blight, an objective of the Plan and a key requirement ofRWR. Council Action Form January 2 7 , 2014 Page 5 RECOMMENDED MOTION: "I move to approve Resolution No. 09-2014, a resolution approving a first amendment to the 1- 70/Kipling Corridors Urban Renewal Plan to allow for the utilization of tax increment fi . " mancmg. Or, "I move to deny Resolution No. 09-2014 , for the following reason(s) _______ " REPORT PREPARED/REVIEWED BY: Steve Art, Urban Renewal Manager Patrick Goff, Executive Director ATTACHMENTS: I. Resolution No. 09-2014 • Exhibit A -I-70/K.ipling Corridors Plan (Not including Appendices A- C or Attachments I and 2) • Exhibit B First Amendment to the I-70/Kipling Corridors Plan CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 09 Series of 2014 TITLE: A RESOLUTION APPROVING A FIRST AMENDMENT TO THE I-70/KIPLING CORRIDORS URBAN RENEWAL PLAN TO ALLOW FOR THE UTILIZATION OFT AX INCREMENT FINANCING WHEREAS, in May 2009, the Wheat Ridge City Council approved an urban renewal plan, known as the 1-70/Kipling Corridors Urban Renewal Plan (the Urban Renewal Plan) Exhibit A for the elimination of blight and redevelopment of certain portions of the City; and WHEREAS, such Urban Renewal Plan includes the area described in Exhibit B hereto, which is the location of the MVG Development property; and WHEREAS, Section 7.7 of the Urban Renewal Plan provided for the utilization of sales and property tax incremental revenue sources within the redevelopment area; and WHEREAS, in compliance with the Urban Renewal Law of Colorado, C.R.S. § 31-25-101 et seq., the Wheat Ridge Urban Renewal Authority desires to implement the use of tax increment financing for the project area described in Exhibit B; WHEREAS, this first amendment to the Urban Renewal Plan is considered a substantial modification and therefore requires a 30-day notice to all property and business owners and the County Commissioners in the Urban Renewal Plan project area and requires the City's Planning Commission to review the modification and its conformity to the City's general plan for development as a whole; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: Section 1. The City Council hereby adopts this resolution amending Section 8 of the Urban Renewal Plan for the utilization of property and sales tax increment for the MVG Development project. DONE AND RESOLVED THIS 2ih day of January, 2014. Joyce Jay, Mayor AITEST: Janelle Shaver, City Clerk Attachment 1 Exhibit A 1-70/ Kipling Corridors Urban Renewal Plan Wheat Ridge, Colorado May 2009 Prepared for: Wheat Ridge Urban Renewal Authority Wheat Ridge, Colorado City Council Prepared by: Leland Consulting Group (LCG) LELAND CONSULTING GROUP (20 July 2009) 1 1-70/ Kipling Corridors Urban Renewal Plan Wheat Ridge, Colorado Tabl e of Contents Section 1.0: 1.1 1.2 1.3 1.4 Section 2.0 Section 3.0 3 .1 Section 4.0 Section 5.0 Section 6.0 6 .1 6.2 6.3 Section 7.0 7 .1 7.2 7 .3 7.4 7.5 7.6 7.7 7.8 7.9 7 .10 7.11 7.12 7.13 7.14 Introduction Preface Blight Findings Other Findings Urban Renewal Area Boundaries 1.4.1 Boundary Map of Urban Renewal Area Definitions Purpose of the Plan Public Participation Qualifying Conditions Relationship to Comprehensive Plan Plan Objectives General Descriptions Development and Design Objectives Public Investment Objectives Authorized Urban Renewal Undertakings and Activities Public Improvements and Facilities Other Improvements and Facilities Development Opportunities -Catalyst Projects Development Standards Variations in the Plan Urban Renewal Plan Review Process Project Financing and Creation of Tax Increment Areas Property Acquisition and Land Assemblage Relocation Assistance Demolition, Oearance, Environmental Remediation, and Site Prep Property Disposition Redevelopment and Rehabilitation Actions Redevelopment I Development Agreements Cooperation Agreements LELAND CONSULTING GROUP (20 july 2009) 4 6 10 11 13 14 18 2 1-70 I Kipling Corridors Urban Renewal Plan Wheat Ridge, Colorado Table of Contents Section 8.0 8.1 8.2 8.3 8.4 Section 9.0 Appendix Appendix A: AppendixB: AppendixC Attachment 1: Attachment 2: Project Financing Public Investment Objective Authorization Project Revenues 8.3.1 Tax Increment Financing 8.3.2 Distribution of Tax Revenues Other Financing Mechanisms I Structures Severability Urban Renewal Area Legal Description Urban Renewal Plm Concept Map City of Wheat Ridge Comprehensive Plan, Updated 2000 References 1-70 I Kipling Corridors Conditions SUIVey 1-70 I Kipling Corridors Jefferson County Impact Report LELAND CONSULTING GROUP (20 July 2009) 26 28 3 1-70 I Kipling Corridors Urban Renewal Plan Wheat Ridge, Colorado 1.0 Preface and Background 1.1 Preface This I-70 I Kipling Corridors Urban Renewal Plan (the "Plan" or the "Urban Renewal Plan'1 has been prepared by the Wheat Ridge Urban Renewal Authority (the "Authority") for the City of Wheat Ridge ("City''). It will be carried out by the Authority, pursuant to the provisions of the Urban Renewal Law of the State of Colorado, Part 1 of Article 25 of Title 31, Colorado Revised Statutes, 1973, as amended (the" Act''). The administration and implementation of this Plan, including the preparation and execution of any documents implementing it, shall be performed by the Authority. 1.2 Blight Findings Under the Act, an urban renewal area is a blighted area, which has been designated as appropriate for an urban renewal project In each urban renewal area, conditions of blight, as defined by the Act, must be present, and in order for the Authority to exercise its powers, the City Council must find that the presence of those conditions of blight, "substantially impairs or arrests the sound growth of the municipality or constitutes an economic or social liability, and is a menace to the public health, safety, morals or welfare." LELAND CONSULTING GROUP (20 July 2009) 4 The I-70 I Kipling Corridors Conditions Survey, prepared by Matrix Design Group, submitted June 2009, which is attached hereto as Attachment 1 (the "Blight Study''·), demonstrates that the I-70 I Kipling Corridors Area ("Study Area''), as defined in the Blight Study, is a blighted area under the Act. 1.3 Other Findings The Area is appropriate for one or more urban renewal projects and other undertakings authorized by the Act to be advanced by the Authority. Projects could require the demolition and clearance of certain public and private improvements within the Area as provided in this Plan. If this is the case, such actions will be determined to be necessary in order to eliminate unsafe conditions, obsolete and other uses detrimental to the public welfare, and otherwise remove and prevent the spread of deterioration. The Authority has the discretion to create a single or several tax increment areas within a single urban renewal planning area. In addition, it is at the Authority's discretion whether or not to initiate creation of one or several tax increment areas at the time the Plan is adopted by City Council. Factors that could support creation of a tax increment district include announcem~t of a specific project or prevailing or impending market and I or economic conditions. Further, the Authority is entitled to all powers authorized in the Act It is the intent of the City Council in adopting this Plan that the Authority exercise all powers which are necessary, convenient or appropriate to accomplish the objectives of the Plan. In addition, it is the intent of the Plan that the Authority exercise all such powers as may now be possessed or hereafter granted for the elimination of qualifying conditions in the Area. LELAND CONSULTING GROUP (20 July 2009) 5 The powers conferred by the Act are for public uses and purposes for which public money may be expended and police powers exercised; and, this Plan is in the public interest and necessity -such finding being a matter of legislative determination by the City Council. 1.4 Urban Renewal Area Boundaries The proposed I-70 / Kipling Corridors Urban Renewal Area (referred to herein as "the Urban Renewal Area" or "the Area") is located within the City of Wheat Ridge and Jefferson County, Colorado as delineated in Figure No. 1 and described in the legal description presented in the Appendix. The boundaries of the Area generally include properties roughly following a U-shaped corridor that runs north along Interstate 70 beginning at 32nd Avenue, then east along the Interstate until Kipling Street, and finally south along Kipling Street until 26th A venue. The survey area contains 649 real property parcels. In terms of land area, the Area consists of approximately 1,189 total acres (including any streets or rights-of-way) of which approximately 812 acres lie within real property parcels. L4.1 Figure 1, 1-70 I Kipling Corridors Area The Plan Concept Map is presented in Appendix B. 2.0 Definitions In addition to terms previously defined in the text, the following terms are used in this Plan: LELAND CONSULTING GROUP (20 July 2009) 6 Figure No.1 LELAND CONSULTING GROUP (20 July 2009) 7 Act -means the Urban Renewal Law of the State of Colorado, Part 1 of Article 25 of Title 31, Colorado Revised Statutes, as amended. Area or Urban Renewal Area-means the 1-70 / Kipling Corridors Urban Renewal Area as depicted in Figure 1 and legally described in the Appendix. Authority-means the Wheat Ridge Urban Renewal Authority. Blight Study-means the /-70 I Kipling Corridor s Condition s Survey, prepared by Matrix Design Group, submitted June 2009, incorporated herein by this reference. City -means the City of Wheat Ridge, a home-rule municipal corporation of the State of Colorado. City Council -means the City Council of the City of Wheat Ridge . City Tax or City Taxes -means, collectively, taxes imposed by the City on certain transactions. Comprehensive Plan-the City of Wheat Ridg e Area Compr ehen sive Plan , Updat ed 2000 (the "Comprehensive Plan"). Cooperation Agreement -means any agreement between the Authority and City, one or more Metropolitan Districts, or any public body (the term "public body" being used in this Plan as defined by the Act) respecting action to be taken pursuant to any of the powers set forth in the Act or in any other provision of Colorado law, for the purpose of facilitating public undertakings deemed necessary or appropriate by the Authority under this Plan. LELA D Co SUL TI G GROUP (20 july 2009) 8 C.R.S. -means the Colorado Revised Statutes, as amended from time to time. Impact Report-means the I-70/ Kipling Corridors, Jefferson County Impact Report prepared by Leland Consulting Group, dated July, 2009, attached hereto as Attachment 2 and incorporated herein by this reference. Improvement Disbict -means a special district created to make improvements, typically to public space infrastructure, in a given area. Wheat Ridge Comprehensive Plan-means City of Wheat Ridge Area Comprehensive Plan, Updated 2000, as such plan has been or may be amended from time tO time. Plan or Urban Renewal Plan-means this I-70 I Kipling Corridors Urban Renewal Plan. Property Tax Increment Area -means that portion of the Area designated as a property tax increment area Redevelopment/ Development Agreement-means one or more agreements between the Authority and developer(s) and/ or property owners or such other individuals or entities as may be determined by the Authority to be necessary or desirable to carry out the purposes of this Plan. Sales Tax -means the municipal sales tax imposed by the City on certain transactions. Sales Tax Increment Area -means any portion of the Area designated as a sales tax increment area. LELAND CONSULTING GROUP (20 July 2009) 9 Tax Increment Area -means a portion of the Area designated as a Property Tax and/ or Sales Tax Increment Area. 3.0 Purpose of the Plan The purpose of the I-70 I Kipling Corridors Urban Renewal Plan is to reduce, eliminate and prevent the spread of blight within the Area and to stimulate growth and investment within the Area boundaries. To accomplish this purpose, the Plan promotes local objectives with respect to appropriate land uses, private investment and public improvements, provided that the delineation of such objectives shall not be construed to require that any particular project necessarily promote all such objectives. Specifically, the Plan promotes an environment which allows for a range of uses and product types, as supported by the Oty of Wheat Ridge Area Comprehensive Plan, Updated 2000 and any subsequent updates, as well as any other relevant policy documents whic~ leverage the community's investment in public improvement projects in the Area. While the principal goal of this urban renewal effort, as required by the Act, is to afford maximum opportunity consistent with the sound needs of the City of Wheat Ridge as a whole, and to develop and rehabilitate the Area by private enterprise; it is not intended to replace the efforts of area business development entities. 3.1 Public Participation The Plan has been made available to business and property owners located within and adjacent to the Plan boundaries, as well as Wheat Ridge residents at- large. All stakeholders and residents were also invited to participate in several LELAND CONSULTING GROUP (20 July 2009) 10 venues: workshops held between April and May 2009 designed to solicit input on the vision for the Area. In all, more than 100 individuals participated. In addition, City staff received written comments via e-mail and phone calls. Notification of the public hearing was provided to property owners and owners of business concerns at their last known address of record within the Area as required by the Act Notice of the public hearing to consider the Plan was published in the Wheat Ridge Transcript Presentations were also made at public meetings of the City Council and Planning Commission during the summer of 2009 to receive comments and input on the process and Plan documents. As required by the Act, a report outlining the potential impact of the Plan on Jefferson County was prepared and submitted along with the Plan document to the County Commissioners of Jefferson County not less than 30 days before consideration of its approval. 4.0 Qualifying Conditions Before an urban renewal plan can be adopted by the City, the area must be determined to be a "blighted area" as defined in Section 31-25-103(2) of the Act, which provides that, in its present condition and use, the presence of at least four of the following factors in the Area, substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare: (a) Slum, deteriorated, or deteriorating structures; (b) Predominance of defective or inadequate street layout; (c) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness; (d) Unsanitary or unsafe conditions; LELAND CONSULTING GROUP (20 July 2009) 11 (e) Deterioration of site or other improvements; (j) Unusual topography or inadequate public improvements or utilities; (g) Defective or unusual conditions of title rendering the title nonmarketable; (h) The existence of conditions that endanger life or property by fire or other causes; (i) Buildings that are unsafe or unhealthy for persons to live or work in because of building code violations, dilapidation, deterioration, defective design, physical construction, or faulty or inadequate fadlities; (j) Environmental contamination of buildings or property; (k.S) The existence of health, safety, or welfare factors requiring high levels of munidpal services or substantial physical underutilization or vacancy of sites, buildings, or other improvements; or (l) If there is no objection by the praperty owner or owners and the tenant or tenants of such owner or owners, if any, to the inclusion of such property in an urban renewal area, "blighted area" also means an area that, in its present conditions and use and, by reason of the presences of any~ of the factors spedfied in paragraphs (a) to (k.S) of Section 31-25-103(2), substantially impairs or arrests the sound growth of the munidpality, retards the provision of housing accommodations, or constitutes an economic or sodalliability, and is a menace to the public health, safety, morals, or welfare. The Act also provides that, if privatE property is to be acquired by the Authority by eminent domain, at least five of the factors specified in Section 31-25-103(2)(a) to (2)(1) must be present The general methodology for conducting the Blight Study is to: (i) define the Study Area; (ii) gather information about the Study Area, such as right-of-way and parcel boundaries, aerial photography, etc.; (iii) evaluate evidence of blight through field reconnaissance of the Study Area to document observed physical conditions of blight; and, (iv) collect data about blight factors that are not visually observable. LELAND CONSULTING GROUP (20 July 2009) 12 Among the 11 qualifying factors identified in the Act, the Blight Study identified the presence of the following ten blight factors in the Study Area: (a) Slum, Deteriorated and Deteriorating Structures (b) Predominance of Defective or Inadequate Street Layout (c) Faulty Lot Layout in Relation to Size, Adequacy, or Usefulness (d) Unsanitary or Unsafe Conditions (e) Deterioration of Site or Other Improvements (/) Unusual Topography or Inadequate Public Improvements or Utilities (h) Existence of conditions that endanger life or property by fire and other causes (i) Buildings that are Unsafe or Unhealthy for Persons to Uve or Work (j) Environmental Contamination of Buildings or Property (k.5) High Levels ofMunidpal Services or Underutilization or Vacancy of Sites, Buildings, or Other Improvements The condition, (g) of Section 31·25-103(2), defective or unusual conditions of title rendering the title non· marketable, was not investigated. 5.0 Relationship to Comprehensive Plan A general plan for the City, known as the City ofWheat Ridge Area Comprehensive Plan, was updated in 2000. The Authority, with the cooperation of the City, private enterprise and other public bodies, will undertake projects and activities described in this Plan in order to eliminate the conditions of blight identified herein while implementing the goals and objectives of the City of Wheat Ridge Area Comprehensive Plan, Updated 2000 and all subsequent updates. Specific elements of the City of Wheat Ridge Area Comprehensive Plan, Updated 2000 which this Plan advances, are presented in Appendix C of this Plan (and taken verbatim). References from other adopted and accepted documents LELAND CONSULTING GROUP (20 July 2009) 13 (Repositioning Wheat Ridge, Neighborhood Revitalization Strategy; and Wheat Ridge Northwest Sub-Area Plan) that speak to issues within the Urban Renewal Area are also provided. Pursuant to State Statutes, the I-70 I Kipling Corridors Urban Renewal Plan was reviewed by the Planning and Zoning Commission on August 6, 2009 and a Resolution was passed indicating that the Plan was consistent with certain Goals, Policies and Strategies contained in the Wheat Ridge Area Comprehensive Plan, Updated 2000 and other City adopted and accepted plans. 6.0 Plan Objectives 6.1 General Description The vision for the Area as defined by stakeholders involved in the process is: Redevelopment of the Urban Renewal Area represents a unique opportunity to create a series of destinations that are both region-serving and locally supportive. This Urban Renewal Plan, while not a regulating document, envisions quality materials; notable architecture; strong infenull and external connections; and, host environments for public events and cultural venues. New uses and redevelopment of existing uses may be developed in mixed-use and multi- use formats where feasible, and in an architectural style that is regionally-relevant. Vvllereas existing neighborhoods will be stabilized, new neighborhoods will be co-located with commercial, employment and institutional uses . Improvements in the physical realm will be consistent and communicate a unified identity and brand. Connections for vehicles, pedestrians, bicycles and other modes of transportation will be improved and strengthened in a manner that is regionally-relevant and in accordimce with the Architectural and Site Design Manual. LELAND CONSULTING GROUP (20 July 2009) 14 6.2 Development and Design Objectives All development in the Plan Area shall conform to the zoning and development codes of the Wheat Ridge Municipal Code, as well as any site-specific zoning regulations or policies which might impact properties in the Area, all as in effect and as may be amended from time to time. Codes and regulations present at the time of any project application and development will apply. No project within the Urban Renewal Area is vested to previous codes or regulations. While the Act authorizes the Authority to undertake zoning and planning activities to regulate land use, maximum densities, and building requirements in the Area, the City will regulate land use and building requirements. The primary development objective of this Urban Renewal Plan is strategic investment in the public realm that will leverage private sector projects. Potential land uses within the Urban Renewal Area include a range of commercial, employment (industrial and office), residential, institutional, lodging, civic, cultural and parking. Other, more general development objectives include flexibility given changing market conditions; adaptability to a range of uses and product types; and, consistency in building material and development quality. Specific project goals and objectives identified by the stakeholders, in collaboration with impacted property owners, that investment within the Urban Renewal Area should aspire to, include the following: 1. Eliminate and prevent blight 2. Implement elements of the City ofWheat Ridge Comprehensive Plan, Update 2000 related to urban renewal and the vision of this Plan 3. Ensure orderly growth throughout the community 4. Stimulate development of under-utilized land in the Urban Renewal Area LELAND CONSULTING GROUP (20 July 2009) 15 5. Increase property values and strengthen the City's economic base 6 . Participate in the long-term economic vitality of the City through quality (re) development 7. Enhance Wheat Ridge's identity 8. Preserve existing neighborhoods 9. Expand the City's commercial activities 10. Maintain a fiscally-prudent base of industrial uses 11. Encourage growth in primary jobs 12. Promote Wheat Ridge's cultural heritage 13. Reduce sub-standard uses 14. Support stronger code enforcement lJ:md Use 15. Improve relationships between uses in the Urban Renewal Area and surrounding areas 16. Provide uses supportive of and complementary to planned improvements 17. Promote a variety of housing product types to address multiple segments of the populous 18. Advance cultural art programs and capital investments 19. Unify uses and plan components (signage, street furniture, landscaping) 20. Support preservation of historic structures 21. Expand service facilities (police, fire, library, recreation and/ or senior) Economic Develapment 22. Encourage the continued presence of existing viable businesses 23 . Attract regional and national businesses LELAND CONSULTING GROUP (20 July 2009) 16 Financial 24. Provide a range of financing mechanisms for private property (re) investment 25. Encourage public-private partnerships 26. Promote economic incentives in order to attract (re) investment Political 27. Facilitate cooperation among government agencies (taxing entities) Architecture 28. Promote "green" development (environmentally sensitive) 29. Raise the quality of building standards in the Urban Renewal Area 30. Encourage higher design standards Physical 31. Improve the public realm 32. Increase the capacity and quality of infrastructure in the Urban Renewal Area 33. Develop and enhance community gateways 34. Maintain I develop public gathering spaces (soft and hard) 35. Preserve the area's natural (and man-made) resources 36. Grow the City's multi-modal options (bike routes, trails, pedestrian access, transit) LELAND CONSULTING GROUP (20 July 2009) 17 6.3 Public Investment Objectives Existing conditions present within the Area will be remedied by the proposed Plan, but will first need to be identified as a priority public investment item by the Authority, in consultation with the stakeholders. As it is the intent of this Plan that improvements will only be partially funded by tax increment revenues, creation of special districts and/ or other financing districts to serve as supplemental funding sources will not only be considered, but encouraged. Experience has proven that a critical component to the success of any urban renewal effort is participation by both the public and private sectors. 1bis said, leveraging of resources will be key as no one entity, either public or private, has sufficient resources alone to sustain a long-term improvement effort. 7.0 Authorized Urban Renewal Undertakings and Activities The Act allows for a wide range of activities to be used in the implementation of an urban renewal plan. In the case of this Plan, it is the Authority's intent to provide incentives to stimulate private investment in cooperation with property owners and other affected parties in order to accomplish its objectives. Public- private partnerships and other forms of cooperative development will be key to the Authority's strategy for preventing the spread of blight and eliminating existing blight conditions. Reliance on powers such as eminent domain will only be considered as a final option, as determined by the City Council, to achieve the objectives of this Plan. 7.1 Public Improvements and Facilities The Authority may undertake certain actions to make the Area more attractive for private investment The Authority may, or cause others to, install, construct, and reconstruct any public improvements. Additionally, the Authority may, or LELAND CONSULTING GROUP (20 July 2009) 18 cause others to, demolish and clear buildings and existing improvements for the purpose of promoting the objectives of the Plan and the Act Finally, the Authority may, or may cause others to, install, construct and reconstruct any other authorized improvements in the Area, including, without limitation, other authorized undertakings or improvements for the purpose of promoting the objectives of this Plan and the Act Public projects are intended to stimulate (directly and indirectly) private sector invesbnent in and aroWld the Area. The combination of public and private investment will assist in the investment and reinvestment of the Area with a greater intensity and quality of viable commercial, employment, residential and mixed-use sub-areas supported by multiple forms of transportation and public spaces contributing to the overall economic well-being of the commWlity. As described in Section 4.0 of this Plan, ten qualifying conditions of blight, as defined in Section 31-25-103(2) of the Act, are evident in the Area. This Plan proposes addressing each of these conditions through potential completion of the following public improvements and facilities: (a) Slum, Deteriorated and Deteriorating Structures: building improvements including facades, fencing, roof repairs; and, graffiti clean-up; (b) Predominance of Defective or Inadequate Street Layout completion of incomplete streets and sidewalks; increased road and intersection capacity; roadway repairs; and, stronger connections; (c) Faulty Lot Layout in Relation to Size, Adequacy, Accessibility, or Usefulness: (see Predominance of Defective or Inadequate Street Layout); and, assemblage of small, narrow and awkwardly shaped parcels; (d) Unsanitary or Unsafe Conditions: pedestrian improvements; ADA improvements; lighting; bike paths; deferred maintenance items LELAND CONSULTING GROUP (20 July 2009) 19 including cracked and buckled sidewalks; and, roadway improvements designed to arrest congestion; (e) Deterioration of Site or Other Improvements: improvements to parking surfaces; curbs and gutters; and, signs and advertisements; (f) Unusual Topography or Inadequate Public Improvements or Utilities: undergrounding of overhead utilities; increasing infrastructure capacity where necessary; and, completion of curbs, gutters and sidewalks; (h) Existence of Conditions that Endanger Life or Property by Fire and Other Causes: sprinklering of commercial buildings; and, improved access for emergency vehicles; (i) Buildings That ~e Unsafe or Unhealthy for Persons to Uve or Work: demolition of substandard structures; (j) Environmental Contamination of Buildings or Property: assistance with site and building environmental clean-up; (1<.5) Existence of Factors Requiring High Levels of Municipal Services or Substantial Physical Underutilization or Vacancy of Sites, Buildings or Other Improvements: stronger code enforcement; site assemblage; site prep; and, assistance with post-development leasing strategies. 7.2 Other Improvements and Facilities There could be other non-public improvements in the ~ea that may be required to accommodate development and redevelopment The Authority may assist in the financing or construction of these improvements. 7.3 Development Opportunities-Catalyst Projects A key concept associated with implementation of the Plan is targeted investment that will serve to catalyze development throughout the ~ea and fund future LELAND CONSULTING GROUP (20 July 2009) 20 public improvements. The aggregate impact of potential investment within the Area is reflected in the Impact Report in Attachment 2. 7.4 Development Standards All development in the Area shall conform to applicable rules, regulations, policies and other requirements and standards of the City and any other governmental entity which has jurisdiction over all or any portion of the Area. In conformance with the Act and the Plan, the Authority may adopt design standards and other requirements applicable to projects undertaken by the Authority in the Area. Unless otherwise approved by City Council, any such standards and requirements adopted by the Authority shall be consistent with all other City zoning and development policies and regulations. 7.5 Variations in the Plan The Authority may propose, and the City Council may make, such modifications to this Urban Renewal Plan as may be necessary provided they are consistent with the City of Wheat Ridge Comprehensive Plan, Updated 2000 and any subsequent updates, as well as the Act, or such amendments made in accordance with this Plan and as otherwise contemplated by this Plan. The Authority may, in specific cases, allow non-substantive variations from the provisions of this Plan if it determines that a literal enforcement of the provision would constitute an unreasonable limitation beyond the intent and purpose stated herein. LELAND CONSULTING GROUP (20 July 2009) 21 7.6 Urban Renewal Plan Review Process The review process for the Plan is intended to provide a mechanism to allow those parties responsible for implementing key projects to periodically evaluate its effectiveness and make adjustments to ensure efficiency in implementing the recommended activities. The following steps are intended to serve as a guide for future Plan review: (a) The Authority may propose modifications (including expansion of the Plan boundaries), and the City Council may make such modifications as may be necessary provided they are consistent with the City of Wheat Ridge Comprehensive Plan, Updated 2000 and any subsequent updates, as well as the Act (b) Modifications may be developed from suggestions by the Authority, property and business owners, and City staff operating in support of the Authority and advancement of this Plan. (c) A series of joint workshops may be held by and between the Authority and property and business owners to direct and review the development of Plan modifications. 7.7 Project Financing and Creation of Tax Increment Areas While projects within the Area are planned to be primarily privately financed, it is the intent of the City Council in approving this Urban Renewal Plan to authorize the use of tax increment financing by the Authority to assist with the development of these projects. Urban renewal authorities in Colorado are authorized by statute (C.R.S 31-25-105) to borrow money and accept advances, LELAND CONSULTING GROUP (20 July 2009) 22 loans, grants and contributions from public or private sources, and to issue bonds to finance their activities or operations. In practice, an accepted method for financing urban renewal projects is to utilize incremental property tax and/ or municipal sales tax revenues attributable to redevelopment in the project area to pay the principal of, the interest on, and any premiums due in connection ~th the bonds of, loans or advances to, or indebtedness incurred by the Authority. The boundaries of the Urban Renewal Area shall be as set forth in Appendix A As more fully set forth herein this Section 7.7, it is the intent of City Council in approving this Plan to authorize the use of tax increment financing by the Authority as part of its efforts to undertake and advance the Plan. 7.8 Property Acquisition and Land Assemblage The Authority may acquire property by negotiation or any other method authorized by the Act. except that any proposal to acquire property under the power of eminent domain must be approved by the Gty Council in accordance with the Act The Authority may temporarily operate, manage and maintain property in the Area with the consent of the owner of the property. Such property shall be under the management and control of the Authority and may be rented or leased pending its disposition for redevelopment 7.9 Relocation Assistance It is not anticipated that acquisition of real property by the Authority will result in the relocation of any individuals, families, or business concerns. However, if such relocation becomes necessary, the Authority will adopt a relocation plan in conformance with the Act LELAND CONSULTING GROUP (20 July 2009) 23 7.10 Demolition, Oearance, Environmental Remediation, and Site Prep In carrying out this Plan, it is anticipated that the Authority may, on a case-by- case basis, elect to demolish and dear buildings, structures and other improvements. Additionally, development activities consistent with this Plan, including but not limited to Development or Cooperation Agreements, may require such demolition and clearance to eliminate unhealthy, unsanitary, and unsafe conditions, eliminate obsolete and other uses detrimental to the public weHare, and otherwise remove and prevent the spread of deterioration. With respect to property acquired by the Authority, it may demolish and clear, or contract to demolish and clear, those buildings, structures and other improvements pursuant to this Plan, if in the judgment of the Authority, such buildings, structures and other improvements cannot be rehabilitated in accordance with this Plan. The Authority may also undertake such additional site preparation activities as it deems necessary to facilitate the disposition and development of such property. 7.11 Property Disposition The Authority may acquire, sell, lease, or otherwise transfer real property or any interest in real property subject to covenants, conditions and restrictions, including architectural and design controls, time restrictions on development, and building requirements, as it deems necessary to develop such property. Real property or interests in real property may be sold, leased or otherwise transferred for use in accordance with the Act and this Plan. All property and interest in real estate acquired by the Authority in the Area that is not dedicated or transferred to public entities, shall be sold or otherwise disposed of for redevelopment in accordance with the provision of this Plan and the Act. LELAND CONSULTING GROUP (20 July 2009) 24 7.12 Redevelopment and Rehabilitation Actions Redevelopment and rehabilitation actions within the Area may include such undertakings and activities as are in accordance with this Plan and the Act including without limitation: demolition and removal of buildings and improvements as set forth herein; installation, construction and reconstruction of public improvements; elimination of unhealthful, unsanitary or unsafe conditions; elimination of obsolete or other uses detrimental to the public welfare; prevention of the spread of deterioration; and, provision of land for needed public facilities. The Authority may enter into Cooperation Agreements and Redevelopment/Development Agreements to provide assistance or undertake all other actions authorized by the Act or other applicable law to redevelop and rehabilitate the Area. 7.13 Redevelopment/ Development Agreements The Authority is authorized to enter into Redevelopment/Development Agreements or other contracts with developer(s) or property owners or such other individuals or entities as are determined by the Authority to be necessary or desirable to carry out the purposes of this Plan. Such Redevelopment/ Development Agreements, or other contracts, may contain terms and provisions as shall be deemed necessary or appropriate by the Authority for the purpose of undertaking the activities contemplated by this Plan and the Act and may further provide for such undertakings by the Authority, including financial assistance, as may be necessary for the achievement of the objectives of this Plan or as may otherwise be authorized by the Act These Agreements will be separate from this Plan, yet in support of its goals and objectives. Existing agreements between the City and private parties that are consistent with this Plan are intended to remain in full force and effect LELAND CONSULTING GROUP (20 july 2009) 25 7.14 Cooperation Agreements For the purpose of this Plan, the Authority may enter into one or more Cooperation Agreements pursuant to the Act. The City and the Authority recognize the need to cooperate in the implementation of this Plan and, as such, Cooperation Agreements may include, without limitation. agreements regarding the planning or implementation of this Plan and its projects, as well as programs, public works operations, or activities which the Authority, the City or such other public body is otherwise empowered to undertake and including without limitation, agreements respecting the financing, installation, construction and reconstruction of public improvements, utility line relocation, storm water detention, environmental remediation, landscaping and/ or other eligible improvements. This paragraph shall not be construed to require any particular form of cooperation. 8.0 Project Financing 8.1 Public Investment Objective It is the intent of the Plan that the public sector will play a significant role in urban renewal efforts as a strategic partner. Typical infrastructure investments the public would anticipate making include, but are not limited to: unifying streetscape elements (but for specific modifications made on private property); improving access and circulation; improving streets and parks; providing for infrastructure improvements; completing utilities; and, creating special districts or other financing mechanisms. LELAND CONSULTING GROUP (20 July 2009) 26 8.2 Authorization The Authority may finance undertakings pursuant to this Plan by any method authorized under the Act or any other applicable law, including without limitation: issuance of notes, bonds and other obligations in an amount sufficient to finance all or part of this Plan; borrowing of funds and creation of indebtedness; advancement of reimbursement agreements; and I or utilization of the following: federal or state loans or grants; interest income; annual appropriation agreements; agreements with public or private entities; and loans, advances and grants from any other available sources. The principal, interest, costs and fees on any indebtedness are to be paid for with any lawfully available funds of the Authority. Debt may include bonds, refunding bonds, notes, interim certificates or receipts, temporary bonds, certificates of indebtedness, or any other obligation lawfully created. 8.3 Project Revenues 8.3.1 Tax Increment Financing The Plan contemplates that a primary method of financing projects within the Area will be through the use of property tax and City Sales Tax increments. The Authority shall be authorized to pledge all or any portion of such property tax and City Sales Tax increment revenues for financing public infrastructure that benefits the Area pursuant to one or more Cooperation Agreements. LELAND CONSULTING GROUP (20 july 2009) 27 8.3.2 Distribution of Tax Revenues As specified in any amendment to this Plan which creates a new Tax Increment Area as set forth herein, property taxes and/ or City Taxes levied after the effective date of the approval of such amendment shall be divided for a period commencing on the date of City Council approval of such amendment and continuing for a period not-to-exceed twenty-five years in accordance with Section 31-25-107(9) of the Act and the terms of any applicable Cooperation Agreement 8.4 Other Financing Mechanisms I Structures The Plan is designed to provide for the use of tax increment financing as one tool to facilitate invesbnent and reinvestment within the Area. However, in addition to tax increment financing, the Authority shall be authorized to finance implementation of the Plan by any method authorized by the Act. The Authority is committed to making a variety of strategies and mechanisms available which are financial, physical, market and organizational in nature. It is the intent of this Plan to use the tools either independently or in various combinations. Given the obstacles associated with development, the Authority recognizes that it is imperative that solutions and resources be put in place which are comprehensive, flexible and creative. 9.0 Severability If any portion of this Plan is held to be invalid or unenforceable, such invalidity will not affect the remaining portions of the Plan. LELAND CONSULTING GROUP (20 July 2009) 28 EXHIBITB FIRST AMENDMENT TO THE 1-70/KIPLING CORRIDORS URBAN RENEWAL PLAN Section 8 of the 1-70/Kipling Corridors Urban Renewal Plan ("Plan") is hereby amended to read as follows: 8.0 Project Financing 8.1 Public Investment Objective It is the intent of the Plan that the public sector will play a significant role in urban renewal efforts as a strategic partner. Typical infrastructure investments the public would anticipate making include, but are not limited to: unifying streetscape elements (but for specific modifications made on private property); improving access and circulation; improving streets and parks; providing for infrastructure improvements; completing utilities; and, creating special districts or other financing mechanisms. 8.2 Authorization The Authority may finance undertakings pursuant to this Plan by any method authorized under the Act or any other applicable law, including without limitation: issuance of notes, bonds and other obligations in an amount sufficient to finance all or part of this Plan; borrowing of funds and creation of indebtedness; advancement of reimbursement agreements; and I or utilization of the following: federal or state loans or grants; interest income; annual appropriation agreements; agreements with public or private entities; and loans, advances and grants from any other available sources. The principal, interest, costs and fees on any indebtedness are to be paid for with any lawfully available funds of the Authority. Debt may include bonds, refunding bonds, notes, interim certificates or receipts, temporary bonds, certificates of indebtedness, or any other obligation lawfully created. 8.3 Project Revenues 8.3.1 Tax Increment Financing The Plan contemplates that a primary method of financing projects within the Area will be through the use of property tax and City Sales Tax increments . The Authority shall be authorized to pledge all or any portion of such property tax and City Sales Tax increment revenues for financing public infrastructure that benefits the Area pursuant to one or more Cooperation Agreements. 8.3.2 Distribution ofTax Revenues As specified in any amendment to this Plan which creates a new Tax Increment Area as set forth herein , property taxes and/or City Taxes levied after the effective date of the approval of such amendment shall be divided for a period commencing on the date of City Council approval of such amendment and continuing for a period not-to-exceed twenty-five years in accordance with Section 31-25-1 07(9) of the Act and the terms of any applicable Cooperation Agreement. 8.4 Other Financing Mechanisms I Structures The Plan is designed to provide for the use of tax increment financing as one tool to facilitate investment and reinvestment within the Area. However, in addition to tax increment financing , the Authority shall be authorized to finance implementation of the Plan by any method authorized by the Act. The Authority is committed to making a variety of strategies and mechanisms available which are financial , physical , market and organizational in nature. It is the intent of this Plan to use the tools either independently or in various combinations. Given the obstacles associated with development, the Authority recogni zes that it is imperative that solutions and resources be put in place which are comprehensive, flexible and creative. 8.5 UTILIZATION OF PROPERTY AND SALES TIF CONSISTENT WITH THE FOREGOING PROVISIONS OF THIS SECTION 8.0 REGARDING TIF , THERE IS HEREBY ADOPTED THE UTILIZATION OF PROPERTY AND SALES TAX INCREMENT FOR THE PROPERTIES DESCRIBED IN THE ATTACHED APPENDIX A. THE PROPERTIES AND PROJECTS , FOR WHICH A TAX INCREMENT SHALL BE UTILIZED , ALONG WITH A LEGAL DESCRIPTION FOR THE PROPERTIES , THE DATE UPON WHICH THE UTILIZATION OF THE TAX INCREMENT SHALL TAKE EFFECT, AND THE TERMS OF THE TAX INCREMENT APPLICABLE TO EACH PROPERTY, SHALL BE AS SET FORTH IN APPENDIX A . APPENDIX A 1. MVG Development Property a. Date TIF implemented: ________ _ b . Council Resolution: No._, Series 2014 L__,2014) c. Legal Descriptions: ------------;;;::_~----------------·--r;; I : I I • 10101 W. 37th Place Our Order No: ABB70393418 LEGAL DESCRIPTION THAT PART OF 1liE NORTHEAST ONE-QUARTER OF 1liE NOR111EASI' ONE-QUARTER OF 1liE NORTIIEAST ONE-QUARTER OF SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 28; THENCE SOUTHERLY, ALONG 1liE EAST UNE OF SAID SECTION , 230 FEET; THENCE WESTERLY, PARALLEL WITH 1liE NORTH UNE OF SAID SECTION, 200 FEET TO 1liE TRUE POINT OF BEGINNING; THENCE CONTINUING WFSTERLY, PARALLEL WITH 1liE NORnl LINE OF SAID SECTION, 109.99 FEET, MORE OR LESS, TO A POlNT 20 FEET EAST OF THE WEST LINE OF 1liE EAST ONE-HALF OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF 1liE NORTIIEAST ONE-QUARTER OF SAID SECTION 28; THENCE SOUTHERLY PARALLEL WITH THE WEST LINE OF 1liE EAST ONE-HALF OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SAID SECTION, 124 .86 FEET, MORE OR LESS, TO A POlNT 355 FEET SOUTH OF THE NORTH LINE OF SAID SECTION 28; THENCE WESTERLY , PARALLEL Winl THE NORTH UNE OF SAID SECTION, 40 FEET; THENCE SOUTHERLY, PARALLEL WITH AND 20 FEET WEST OF THE WEST LINE OF THE EAST ONE-HALF OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER, 75 FEET; THENCE WESTERLY , PARALLEL Winl THE NORTH UNE OF SAID SECTION, 290.19 FEET, MORE OR LESS, TO 1liE EAST LINE OF LEE STREET; THENCE NORTHERLY ALONG SAID EAST LINE, PARALLEL WITH AND 20 FEET EAST OF THE WEST LINE OF SAID NORTHEAST ONE-QUARTER OF THE NORTIIEAST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER, 400 FEET, MORE OR LESS , TO THE SOUTH LINE OF 38TH AVENUE ; THENCE EASfERL Y ALONG SAID SOUTH LINE, PARALLEL WITH AND 30 FEET SOUTH OF THE NORTH LINE OF SAID SECTION 28 , A DISTANCE OF 440.53 FEET, MORE OR LESS , TO A POlNT 200 FEET WEST OF THE EAST LINE OF SAID SECTION; THENCE SOUTHERLY, PARALLEL WITH THE EAST LINE OF SAID SECTION, 200 FEET TO THE TRUE POlNT OF BEGINNING, COUNTY OF JEFFERSON, STATE OF COLORADO, EXCEPTING THEREFROM THE PORTIONS DESCRIBED IN BOOK 1579 AT PAGE 296 AND IN BOOK 1969 AT PAGE 800 AND IN BOOK 1970 AT PAGE I OF THE JEFFERSON COUNTY RECORDS . 10050 W. 37tb Place l.RII.WSiCW'id mAT PAII:l (F THE NDil1lJEAST QUAl[I'DI OF TUI! 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OF 1n R!l!l 10 1liE uum PDM OF lllliiNNOOO; I!XIE'JING 'I1IEilD'JHal THAT a:Jn:AJN PAIICELCONVEYED TOmE DEl'AimiENT 01 lmiWAY'S AND D1:!1121fD AS: A TRACT OR PAJICI!l. OF LAND NJ. It IOF mE STAB DI!P.uno:HT mi' IOGIIWA Y'S , 01\'15DN OF HIGHWAYS, SI"A.'R OF 00l.QIW)(), niQJI!CTNO. U 111-1" SID110N Z, IN 'IDE NOII11IfASf ~Ain'ER OF~ :a, TCIWNSHIP I SIX1I1J. UJiiGJ!. WESfOF1111 ml I'IIINCIPAL IIO!DXAN, IN JIH'E]I!iDN (l(JUNJY. (ltl DRAIJO, SUI 1llACT OR PAIICEL lliNO UtilE PAirl1CUI.ULY !J1!5Cpqm AS FOI.I..OWS: IIEGINHI!m AT A POINT WIII:H IS SOU1ll AUJIJG mE I!AST UNI! OF DIE MlmiE'AST QllAiriER IFSB:'IlON Z1. A IIISfANtl! OF ZJO.O FEET ANDWiSJ' PAIIALln WJJ1I mE NDnH LINE IF THE NOiliHEASr QUAJfiU OF SI!CI1DN Zl. A JJISTAM:Il OF U.l Fn:T I'1IDM DIE NOII11IfASf mRNER OF SlriKJN Zl, TCJWNSliiP J SDUJB. JlANGI!. WI!ST; I. 1liENCE SOlJJ1J. PAIWLEL WJnl TilE lAST LIKE OF mE.NJilJHEASf QUAill'Dt OF SE:CI'KJK Zl A DISTANCE IF ... 19 R!I!J 10 THE SOUJH PRCfiJli'Y lJNE; 2. TRI!NCE £AS'J , AUWG DIE sotml PIHHlOY UM!: A mJANCI! OF 15.0 FEET 10 'liD! !iDUJHEASr I"'IDD'l2Jr1Y COIOO!Il; I . l1IENCI! NDill1J, A 'liD! £ASr I"'IDPDllY UNE A DISTANCE OF-.. FEET; t . DII!NCI! WIST, PAJW.UL wrm "DIE NDnH LINE OF no NDllliD!ASJ' QlWI1U IF SI!CI1DN l.RII.iliSC&id Zl A IXSTANCI IF 1'-0I'EEf 10 DIE POINJ OF BDaNNil'iG; OOUH1Y 01' .ll!l'FJ!IISDt STAT£ OF OOUJIW)(). 3785 Kipling 0... Order No: ABJ70J91564 LEGAL DESCRIPml A PARCEL OF LAND IN TilE EAST liZ OF 1HE NOR'IHF.AST 1/4 OF TilE NORTHEAST 114 OF 1liE NORTHEAST l/4 OF SECTION 28 , TOWNSHIP 3 sourn , RANGE 69 WEST , COUNTY OF ]EFFRRSON , STATE OF COLORADO , DESCRIBED AS FOU.OWS: BEGINNING AT A POINT WHICH IS 30 FEET SOUTH AND 30 FEET WEST OF TilE NOilllfEAST CORNER OF SAID SECilON 28 ; lliENCE SOUTH 100 FEET ALONG THE~ LINE OF KIPLING STREET TO TilE TRUE POINT OF BEGINNING : lliENCE SOUTH ALONG TilE WEST LINE OF KIPLING STREET A DISTANCE OF 100 FEET: lliENCE WFSf AND PARALLEL TO THE SOUlH LINE OF WEST 3IIDI A VENUE A DISTANCE OF IZ5 FEET ; lliENCE NOR'lll AND PARALLEL TO THE WEST LINE OF KIPUNG STREET A DISTANCE OF 100 FEET; lliENCE EAST AND PARALLEL TO TilE SOUIH LINE OF OF WEST 3IIll AVENUE , A DISTAN CE OF IZ5 FEET TO TilE TRUE POINT OF BEGINNING , EXCEPT TIIAT PORTION CONVEYFD TO THE DEPARTMENT OF IDGHWA YS BY DEED RECORDED AUGUSf ?:1 , 19691N BOOK ZIZB AT PAGE 357 ,COUNTYOF jEFFERSON , STATE OF COIDRADO . d. TIF tenns: ~~A~ ... ,... City of jP'WheatRi9ge ITEM NO:~ DATE: January 27 , 2014 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 08-2014-A RESOLUTION APPROVING A TWO-LOT SUBDIVISION PLAT WITH A RIGHT-OF-WAY DEDICATION FOR PROPERTY ZONED RESIDENTIAL-ONE (R-1) LOCATED AT 9801 W. 32ND A VENUE [gl PUBLIC HEARING D BIDS/MOTIONS IZI RESOLUTIONS ISSUE: D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2 N° READING IZI YES 12~ City Manager ij The applicant is requesting approval of a two-lot subdivision plat for property zoned Residential- One (R-1) and located at 9801 W. 32nd Avenue. The purpose ofthe request is to create two lots: one lot for an existing home and a second for development of a new single-family home to the north. PRIOR ACTION: Planning Commission recommended approval ofthis subdivision request on December 19 ,2013. Attached are copies of the Planning Commission staff report and meeting minutes . There was no public testimony from the neighborhood. FINANCIAL IMPACT: The proposed subdivision is not expected to have a direct financial impact on the City. Fees in the amount of$1 ,350 were collected for the review and processing of Case No. MS-13-03 . Fees in lieu of streetscape construction and parkland dedication will also be collected, in the amounts of $I 2,863 and $2 ,383 respectively. Council Action Form January 27 , 2 014 Page2 BACKGROUND: The property is located at 9801 W . 32 11d Avenue, just east of Kipling Street. The site is surrounded on three sides by properties that are also zoned R-1 and contain single-family homes. To the south, across W . 32 11 Avenue , is Crown Hill Park which is located outside of the City ofWheat Ridge boundary and is managed by Jefferson County Open Space. Based on Jefferson County Assessor records , the subject property is 34 ,750 square feet in size (0.8 acres). A single-family home located on the south side of the property was originally constructed in 1955. The site is a comer lot, and a paved driveway located north of the house provides access off Jellison Street. The applicant is proposing to subdivide the site into two lots , such that the existing home sits on its own lot and the remaining portion of the property may be used for development of a new single-family home. The property has been owned by the applicant 's family for several generations and is currently owned by the applicant's niece. The new lot would likely be sold after it is platted. Proposed Plat The proposed subdivision plat will result in two development lots . Both lots will exceed the minimum lot size and lot width requirements for single-family homes in the R-1 zone district. Standard easements are proposed along the property lines of both lots. The existing home on Lot 1 will exceed minimum setback requirements. When new properties are created in the City through the subdivision process , staff reviews adjacent street improvements to confirm they meet current roadway design and drainage standards. In this case, W. 32 11d A venue is a designated bicycle and pedestrian route and is slightly substandard in width. For this reason , a five-foot wide right-of-way dedication is shown on the plat. In accordance with the City 's Streetscape Des ign Manual, the applicant will pay a fee in lieu of constructing streetscape improvements. The application has been through the standard referral process and all affected service agencies can serve the property. The Parks Commission is recommending fees in lieu of land dedication for parkland needs. RECOMMENDED MOTION: "I move to approve Resolution No. 08-2014 , a resolution approving a two-lot subdivision plat with a right-of-way dedication for property zoned Residential-One (R-1) located at 9801 W. 32 11d Avenue, for the following reasons: 1. City Council has conducted a proper public hearing that meets all public notice requirements as required by Section 26-109 and 26-407 ofthe Code of Laws. 2. The requested subdivision has been reviewed by the Planning Commission , which has forwarded its recommendation. Council Action Form January 27 , 2014 Page 3 3. The subdivision plat has been found in compliance with Article IV of Chapter 26 of the Code of Laws. 4. Both lots are consistent with R-1 zone district standards. 5. All agencies can provide services to the property with improvements installed at the developer's expense." and with the following conditions: 1. Fees in lieu of streetscape improvements will be provided prior to recording the plat. 2. Fees in lieu of parkland dedication will be provided prior to recording the plat." Or, "I move to deny Resolution No. 08-2014, a resolution approving a two-lot subdivision plat with a right-of-way dedication for property zoned Residential-One (R-1) located at 9801 W. 32"d A venue, for the following reasons: 1. 2. 3. and direct the City Attorney to prepare a Resolution of Denial , to be scheduled for Council consideration at the next available regular business meeting." REPORT PREPARED/REVIEWED BY: Lauren Mikulak, Planner II Meredith Reckert, Senior Planner Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 08-2014 2. Planning Commission staff report 3. Planning Commission minutes draft TITLE: CITY OF WHEAT RIDGE, COLORADO Resolution No. 08 Series of 2014 A RESOLUTION APPROVING A TWO-LOT SUBDIVISION PLAT WITH A RIGHT-OF-WAY DEDICATION FOR PROPERTY ZONED RESIDENTIAL-ONE (R-1) LOCATED AT 9801 W. 32ND ANENUE WHEREAS, Chapter 26, Article I of the Wheat Ridge Code of Laws establishes the procedures for the City's review and approval of Subdivision Plats; and, WHEREAS, an application for a subdivision plat was received from William Stephens to subdivide property located at 9801 W. 32"d Avenue in a Residential-One zone district; and, WHEREAS, all referral agencies have reviewed the request and do not have concerns; and, WHEREAS, all required publishing, posting and notification requirements for a January 27, 2014 City Council public hearing have been met. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A TWO-LOT SUBDIVISION PLAT WITH A RIGHT-OF-WAY DEDICATION FOR PROPERTY ZONED RESIDENTIAL-ONE (R-1) LOCATED AT 9801 W. 32ND AVENUE (CASE NO. MS-13-06/ STEPHENS) FOR THE FOLLOWING REASONS: 1. City Council has conducted a proper public hearing that meets all public notice requirements as required by Section 26-109 and 26-407 of the Code of Laws. 2. The requested subdivision has been reviewed by the Planning Commission, which has forwarded its recommendation. 3. The subdivision plat has been found in compliance with Article IV of Chapter 26 of the Code of Laws. 4. Both lots are consistent with R-1 zone district standards. 5. All agencies can provide services to the property with improvements installed at the developer's expense. And with the following conditions: 1 . Fees in lieu of streetscape improvements will be provided prior to recording the plat. 2. Fees in lieu of parkland dedication will be provided prior to recording the plat. Attachment 1 DONE AND RESOLVED by the City Council this 2ih day of January 2014. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk TO: Planning Commission DATE OF MEETING: CASE NO. & NAME: City of Wheat~ge CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT December 19, 2013 MS-13-06 I Stephens CASE MANAGER: Lauren Mikulak ACTION REQUESTED: Request for approval of a two-lot minor subdivision with right-of-way dedication on property zoned Residential-One (R-1) LOCATION OF REQUEST: 9801 W. 32nd Avenue APPLICANT(S): William (Jim) Stephens PROPERTY OWNER(S): APPROXIMATE AREA: Kelleen Stephens and Michael Pisney 34,750 Square Feet (0.798 Acres) PRESENT ZONING: PRESENT LAND USE: ENTER INTO RECORD: Residential-One (R-1) Single-family home (X) (X) CASE FLLE & PACKET MATERIALS ZONING ORDINANCE LOCATION MAP (X) (X) SUBDIVISION REGULATIONS DIGITAL PRESENTATION Attachment 2 Planning Commission Case No. MS-13-06 I Stephens Site All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST The applicant is requesting approval of a two-lot minor subdivision with right-of-way dedication on property zoned Residential-One (R-1) and located at 9801 W. 32"d A venue. The purpose of the request is to create two lots: one lot for an existing home and a second for development of a new single family home to the north. The plat involves two lots and is processed as a minor subdivision. In this case, because the subdivision includes a right-of-way dedication, Planning Commission will make a recommendation to City Council which is the final authority for approval. II. EXISTING CONDITIONS The property is zoned Residential-One (R-1) and is located at 9801 W. 32"d A venue, just east of Kipling Street 'Exhibit 1 Aerial . The property is zoned Residential-One (R-1) and is surrounded on three sides by properties that are also zoned R-1 and contain single-family homes . To the south across W. 32nd Avenue is Crown Hill Park which is located outside ofthe City of Wheat Ridge boundary and is managed by Jefferson County Open Space. The subject property is 34 ,750 square feet in size (0.8 acres), and a single family home is located on the south side of the property. Based on Jefferson County Assessor records the home was originally constructed in 1955. The site is a comer lot with frontage on W. 32"d Avenue and Jellison Street (139 and 250 feet , respectively). A paved driveway is located to the north ofthe house and provides access off Jellison Street. The property has never been platted. The applicant is proposing to subdivide the site into two lots , such that the existing home sits on its own lot and the remaining portion of the property may be used for development of a new single family home. The property has been owned by the applicant's family for several generations and is currently owned by the applicant's niece. The new lot would likely be sold after it is platted. III. PROPOSED SUBDIVISION PLAT Lot Configuration The roposed subdivision plat will result in two development lots that are each rectangular in shape hibit 2 Pro sed Plat . Both lots will exceed the minimum lot size and lot width requirements for single-family homes in the R-1 zone district. The existing home on Lot I will exceed minimum setback requirements. The new lot line will be located such that all existing improvements on the site, including the driveway, are enclosed within the boundary of Lot I. Right-of-way Dedication When new properties are created in the City through the subdivision process, staff reviews adjacent street improvements to confirm they meet current roadway design and drainage standards. In order to promote high-quality, multi-modal streets throughout Wheat Ridge, the Bicycle and Pedestrian Master Plan establishes design standards for the City 's bike/ped routes. When a new subdivision is platted Planning C ommission Case No. MS-13-06 I Stephens 2 along bicycle and pedestrian routes, right-of-way dedication and/or installation of streetscape improvements are typically required. In this case, W. 32"d Avenue is a minor arterial and is a designated bike/ped route. The existing right- of-way width is slightly substandard. A 5-foot wide right-of-way dedication is shown on the plat to accommodate a detached walk in the future. Because the final design ofW. 32nd Avenue has not been determined , the applicant will pay a fee in lieu of installing the streetscape improvements. The amount owed is based on the length of the street frontage and the cost to remove and reconstruct in accordance with city plans. The Public Works Department estimates the fee to be $12 ,863. The fee will be due upon recordation ofthe plat. Easements Standard easements are shown along the property lines for both lots. An additional 5-foot sanitary sewer easement parallels the western property line of Lot 2. It accommodates an existing sewer service line that runs from the north to provide service to the existing home. IV. AGENCY REFERRALS All affected service agencies were contacted for comment on the subdivision plat regarding the ability to serve the property. There are no outstanding issues or concerns; specific referral responses follow: Wheat Ridge Public Works: The plat has been reviewed and approved. Wheat Ridge Parks and Recreation Commission: A fee in lieu of parkland dedication for the new single family lot will be required. Wheat Ridge Fire District: Can serve. Westridge Sanitation District: Can serve. Xcel Energy: Can serve. Consolidated Mutual Water District: Can serve. Comcast Cable: No comment. Century Link: No comment. V. STAFF CONCLUSIONS AND RECOMMENDATIONS Staff concludes that the proposed minor subdivision plat is compliant with the R-1 zone district standards and Article IV (subdivision regulations) of the zoning and development code. For this reason, Staff recommends approval ofthe plat with the conditions listed below. Planning Commission Case No. MS-13-06 I Stephens 3 V. SUGGESTED MOTIONS Option A: "I move to APPROVE Case No. MS-13-06, a request for approval of a two-lot minor subdivision plat on property zoned Residential-One (R-1) and located at 980 I W. 32nd A venue, for the following reasons: 1. All agencies can provide services to the property with improvements installed at the developer's expense. 2. Both lots are consistent with R-1 zone district standards. 3. All requirements of Article IV of the zoning and development code have been met. With the following conditions: 4. Fees in lieu of streetscape improvements be provided prior to recording the plat. 5. Fees in lieu of parkland dedication be provided prior to recording the plat." Option B: "I move to DENY Case No. MS-13-06, a request for approval of a two-lot minor subdivision plat on property zoned Residential-One (R -1) and located at 9801 W. 32nd A venue, for the following reasons: I. 2. 3. " Planning Commission Case No. MS-13-06 I Stephens 4 EXHIBIT 1: AERIAL The subject property is located at 9801 W. 32"d Avenue and is highlighted in blue below. Planning Commission 5 Case No. MS-1 3-06 I Stephens STEPHENS ACRES SUBDIVISION PART OF THE NW 1/4 OF SECTION 27, T. 3 S ., R. 69 W . OF THE 6TH P.M . CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO ._ "~·-•.o,oo••-•H~s~'""•~"'Co-t-soo•,.._•.,c:oo·-ol'll't -··-A(fQ.I OO'\ ·-·oo -··--•·o.M••fll•~-"--l .,..,..,•-"•"""..._ ... --...... -o;ur,-. 0 .. ...._ , .... ., CQ.- ...... -,.._IIICI.\JIIIl., ._. .t.3o •cu~ -IO()OIC;·'...: -~·--" ...... .,, • .,~,-_J_ .... -••:s• ............. ._....__ ... __ ._ •• __ , ... _._.,.l.ln'MO' "'-·····r-· ..... _..QII<ollll .. {-... j·,.··-f.OO"'. -·--~Jt~~=~Eff?ff.f~fr~~~~;;:: ~-l4_~"'~:ii~~~4!~~.;~~~·jjr~ ~""''""""'·~-·v '~--..,1'1• ...... ~..-..-oooc:oo•.....a~~ .... ...--•••u ,,......,..-. ·-oo ••••or .. o"" -··--___ .. .,..,...,..,.,__, ,..,.o .. •eor••--114-.t---"' .... -·T'o-U-• 01' _v_ ---.......... 10 IOC 0 ,..00 -·· E~rc~~&:;;~~~~~::~ r ·····--·~ ....... _,-..u 1'011:01'0:0.-l ~';.~'"!.,~~_, --.coQ .,Oil"'- r - -•-•··--a"c.a...•.._ ··-t~ CSJ -·-c-<t ..... -.) ---."':.=.·'==~ I I I I I -.. I 1/ II I i i I i I I ~ I ~--­·-... ··--.... .. --··..-...........cc;oooo..- -·-.... , -... IW..oJ,o1 _0 .. o::<t.fi!Q_ ---· --• •.....:•.IOMIII(I•CP•• .... , .... -ot•OI .... ..,._, or •--·------"'"' c..-• --c• ---10" 10101 •• ~----···· .. ~ .......... -.c.o&II'A.-1'•"'"'"-"'"'"''"" ="'----~-.. ··--··11 •111.._ ... ,'"' .. --------· ''•••--I --... ·-1· Oll(lf .. ClJI ..... -·""'ot.,t.•...,n.JI •""'(IHQ ..... ~·~(I.t "" -11(--f¥.1:01( __ ..... _._ PWSI,INC -----------"" ... ___ _ ---·-~- STEPHENS ACRES SUBDIVISION PART OF THE NW 1/4 OF SECTION 27, T. 3 S., R. 69 W. OF THE 6TH P.M. CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO WE. UIOiA[l PISNEY AND KELLEEN STEPHENS. BEING niE OWNERS OF REAL PROPERTY CONTAINING 0 .7978 ACRES DESCRIBED AS FOLLOWS: A TRACT OF LAND IN THE NORTHv.t:ST QUARTER OF SECTION 27, TOWNSHIP 3 SOUTH, RANGE 69 v.t:ST OF Tli£ 6TH PRINCIPAl IAERIDIAN, COUNTY OF ..uTERSON, STATE OF COLORADO, BEING I.IOR[ PARTICULARLY DESCRIBED AS FOLLOWS: COI.II.IENCING AT THE SOUTHv.t:ST CORNER OF THE NW1/4 OF SECTION 27, TOWNSHIP 3 SOUTH, RANGE 69 v.£ST OF THE 6TH P.l.l., FROI.I YMENOC THE SOUTHEAST CORNER OF SAID NW1/4, BEARS N 89'29'45" E. A OISTANCE OF 2649.55 FEET (SAID UNE BEING I.IONUI.IENTED ON BOTH ENDS BY 3 1/4" BRASS CAPS, AND BEJNG lHE BASIS OF BEARINGS CONTAINED HEREIN); THENCE N 89'29'45" E, AlONG THE SOUTH LINE OF SAID NW1/4 OF SECTION 27, A OISTANCE OF 369.00 FEET; THENCE N 00'09'23" W, A OISTANCE OF 30 00 FEET fO A POINT ON THE NORTH ~GHT-Of-WAY LINE Of W. 32NO AVENUE AN() lHE POINT Of BEGINN ING. THENCE CONTINUING N 00'09'23"W, A OISTANCE OF 250.00 FEET TO A POINT ON THE SOOTH UNE OF LOT 2, VMEATRIDGE KNOlLS: THENCE N 89'29'45" E AlONG THE SOUlH UNE OF LOTS 2 AND 1, VMEATRIOGE ·KNOLLS, A DISTANCE OF 139.00 FEET TO A POINT ON THE v.t:ST RIGHT-OF-WAY UNE OF JEWSON STREET: lliENCE S 00'09'23" E ALONG SAID v.t:ST RIGHT-OF-WAY UNE, A DISTANCE OF 250.00 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY UNE OF W 32ND AVENUE: THENCE S 89'29'45" W AlONG SAID NORTH RIGHT-OF-WAY LINE, A OISTANCE OF 139.00 FEET TO THE POINT OF BEGINNING CONTAINING 34,750 SOUARE FEET OR 0 .7978 ACRES, IAORE OR LESS. HAVE LAID OUT, SUBOIV1DEO AND PlATTED SAID LAND AS PER THE DRAWING HEREON CONTAINED UNDER THE NAME AND STYLE OF S1!PHENS AC11D ..,._, A SUBOI\1SION OF A PART OF THE CITY OF ~<MEAT RIDGE. COLORADO, AND BY THES£ PRIESENTS DO OEOICA TE TO lli[ CITY OF \'MEAT RIDGE AND THE PUBLIC THOS£ PORTIONS OF REAL PROPERTY SHOWN AS RIGHT-OF-WAY, AND DO FURTHER DEDICAT£ TO THE CITY OF ~<MEAT RIDGE AND THOSE MUNICIPAllY OWNED AND/OR MUNICIPALLY FRANCHISED ununES AND SER\1CES THOSE PORTIONS OF REAl PROPERTY SHOWN AS EASEMENTS FOR lliE CONSTRUCTION, INSTALLATION, OPERATION, MAINTENANCE, REPAIR AND REPlACEMENT FOR AU S£R\1CES. lliiS INCLUDES, BUT IS NOT UMIT£D TO, TELEPHONE AND ELECTRIC LINES, CAS UNES, WATER ANO SANITARY SEv.t:R UNES, HYDRANTS, STORM WATER SYSTEMS AND PIPES, DETENTION PONDS, STREET LIGHTS AND All APPURTENANCES THERETO by. MICHAEl PISNEY STAT£ OF COLORADO ) ) ss COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE IAE THIS_OAY OF ______ • A.D 20_, :.YTN=Ess:::;-"'IA"'Y'"'H"'AN=D-A"'N"'D'"""om=OI=cAI..,.,-S£AL lAY COIAIAISSION EXPIRES , ---- NOTARY PUBLIC by. KEUEEN STEPHENS STATE OF COLORADO ) )SS COUNTY OF JEFFERSON ) THE FOREGOING INSTRUMENT WAS ACKNOWlEOCED BEFORE IAE THIS_DAY OF ______ , AD. 20 - :.YTN'~E=;SS:;:-cM:::Y:;--;,H-:AN;::D;;-:A"'N"D"'om=:-::CI"'AL::-S£AL lAY COI.IIAISSION EXPIRES: ---- NOTARY PUBLIC 1. BEARINGS ARE BASED ON THE SOUTH LINE OF lHE NW1/4 OF SECTION 27, T3S, R69W OF THE 6TH P.M. SAID UN[ BEARS N 89'29'45" E. AND IS IAONUMENTED AS SHOWN HEREON . 2. All OISTANCES AND BEAR INGS ARE BASED ON THE CURRENT CITY OF ~'MEAT RIDGE COORDINA T£ SYSIDol, AND IS A GROUND-BASED IAOOIFIEO FORM OF THE NADSJ/92 STATE PLAINE COORDINA T£ SYSTEM, COLORADO CENTRAL ZONE D502. THE GROUND TO CRIO COIABINED SCALE FACTOR IS 0.99974780300, SCALED FROI.I BAS£ POINT PHAC-1 (PERIAANENT ttGH ACCURACY CONTROL POI>I T 11) HAVING lHE FOLLOWING NA083/92 STAT£ PlANE COORDINATES: PHAC-1 : NOR THING 1701258.75. EASflNC': 31111 .. 17.51f. ElEVATION: 5471.62 (NAVO 88). ;1. THE CORNERS OF THE NW1/4 OF SECTION 27, AS SHO""' HEREON, HAVE CCIIROINAT£S PUBLISHED BY THE CITY OF ~'MEAT RIDGE, AND ARE AS FOLLOWS: PT. I NORlHING EASTING 15409 705773.73 110511 .46 15509 705789.48 113163.04 16409 703110.58 110521.25 16509 703133.90 113170.70 4. PER COLORADO REV1S£D STATUT£S S£C. 38-51-106 (l), All LINEAl UNITS DEPICTED ON THIS LAND SURVEY PlAT ARE U.S. SURVEY FEET. ONE MET£R EQUAlS J9.37 OIVIOED BY 12 U .S. SURVEY FEET ACCORDING TO lHE NATIONAl ONSTITUT£ OF STANDARDS AND T£CHNOLOCY. 5. THE GEOOEnC POINT COOROINATE DATA SHO""' HEREIN HAS BEEN DERIVED FROI.I lHE NAD 83 HARN STATE PlANE COORDIN>'.T£ CENTRAl FIPS 0502 COORDINATE SYSTEIA, AND HAS A HORIZONTAL ACCURACY CLASSIFICAl'ION OF 0.04 U.S. SURVEY FEET AT THE 95ll: CONFIDENCE LEVEL. AS DEFINED IN THE GEOSPAflAI. POSITIONING ACCURACY STANDARDS OF lHE FEDERAL GEODETIC CONTROL SUBCOI.IMITT£[ (FCOC-ST0-007 .2 -1 998). I. TRACT "A" IS HEREBY DEDICATED AS PUBLIC RIGHT OF WAY BY THIS PLAT. STANDARD EASEWENT LANGUAGE J ---------_!!!!JM_LM .. 1j~_%7 __ ---------------------{-----..-----------••»'.!0"[ ... 1.13' __./I NEOORNER t LDT 11, ~\~~eN> IN rwu aox. LS.,1J212 (PER WOHIJir,I[HT RECORD) (Pf 1MOI) WH£ATRIOC£ KNOUS lOMOJ/f-1 ..J ~ l I I I I I I I I I I I + CASE HISTORY l ...__ ~ CEIIliPICA- =~c~~~gT F,g:cff~:,~GTH6~-.. -~-ss:>~~ OF--------. 20 _ CHAIRIPERSON QTY CEII1IPICA ._ ~p~:r~~~S-RI_DGE_D~~~·"ou"N"'CI"L.,------· 20 - ATT£ST CITY ClERK MAYOR COIAMUNITY OCVELOPIAENT DIRECTOR OIRECTOR OF PUBLIC WORKS ~ CEIIliPICAlt I, RICHARD P. PALMER, DO HEREBY CERTIFY THAT THE SURVEY OF THE BOUNDARY OF ST£PHENS ACRES SUBDIV1SION WAS MACE BY ME OR UNDER "y DIRECT SUPERV1SION AND TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, IN ACCORDANCE WITH All APPLICABLE COLORADO STATUT£S, CURRENT REV1SED EDITION AS AMENDED. THE ACCOI.IPANYING PLAT ACCURATELY REPRIESENTS SAID SURVEY RICHARD P. PAI.IAER COLORADO PLS 125375 COUNTY a.DIK AHD ~ c:umPICAlt STATE OF COLORADO ) ) ss COUNTY OF JEFFERSON ) I HEREBY CERTIFY THAT THIS Pt.A T WAS fiLED IN THE OFFICE OF THE COUNTY CLERK AND RECORDER OF JEFFERSON COUNTY AT COLDEN. COLORADO AT __ O'CLOCK_.I.I . ON THE DAY OF IN BOOK ---· PAGE ---· RECEPTION NO. JEFFERSON COUNTY CLERK AND RECORDER BY: -;DE=.Pu""TY_,.--------- Ten-foot (10') wide easements ore hereby granted on pri'oiOte property odjooent to t:A pub1ic street. and front and reor propet"ty lines of eoch lot in the subdivision rx plotted oreo, rwe- foot (5) wide easements ore hereby granted on pri¥Ote property odjocent to all side lot tiote3 of eoeh tot ln the subdivision « potted area. These easements ore dedicated for the instotlotion, maintenance, and replacement of eleclr"ic, gas. h!Jevtsion cable, dt"oinoge ond telecommun ication facilities. Utili ties shot! also be permitted within ony oceeu easements CASE I lAS-1 3-06 PWSI,INC ond privote streets in the subdivision. Permanent structures ond water meters shall not be permitted within sotd utility easements. 60 ~ , ..• ,_ ....n1NC -CXIIOS1IIUC1D GI'S l54S SCU1M P\.Am: MD a.M. Sl'1[ M-3 .cJIDtH. ta..OIWJO 10110 -(JOl) 104-1345 r AX (JO))I04-1 ... DIM.__,. .... ~'~ .. ., ity of ]P'\VlieatRi_dge PLANNING COMMISSION Minutes of Meeting December 19, 2013 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair BRINKMAN at 7:01 p.m. in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge , Colorado. 2. ROLL CALL OF MEMBERS Commission Members Present: Commission Members Absent : Staff Members Present: 3. PLEDGE OF ALLEGIANCE Anne Brinkman Alan Bucknam Tracy Guildner Silke Pqpp Scott Ohm Steve Timms Amanda Weaver Meredith Reckert, Senior Planner Lauren Mikulak, Planner II Steve Art , Urban Renewal Manager/Economic Development Manager Kim Waggoner, Recording Secretary 4. APPROVE ORDER OF THE REVISED AGENDA It was moved by Commissioner TIMMS and seconded by Commissioner BUCKNAM to approve the order of the revised agenda. Motion carried 6-0. 5. APPROVAL OF MINUTES-December 5, 2013 It was moved by Commissioner OHM and seconded by Commissioner BUCKMAN to approve the minutes of December 5, 2013, as written. Motion carried 4-0 with Commissioners GUILDNER and POPP abstaining. 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) Planning Commission Minutes December 19 ,2013 Attachment 3 -I - t No one wished to speak at this time. 7. PUBLIC HEARING A. Case No. MS-13-06: An application filed by William Stephens for approval of a 2-lot minor subdivision with right-of-way dedication for property zoned Residential-One (R-1) located at 9801 W. 32 nd Avenue. This case was presented by Lauren Mikulak. She entered all pertinent documents into the record and advised the Commission there was jurisdiction to hear the case. She reviewed the staff report and digital presentation. She stated staff recommends approval of the plat and City Council will be the final authority for approval. Commissioner TIMMS asked if there would be any variances for the existing home. Ms. Mikulak replied no. William J. Stephens 31488 Conifer Mountain Dr . Conifer, CO Chair BRINKMAN asked the applicant if there are any ditches or ditch rights related to the property . The applicant stated no. Chair BRINKMAN closed the public hearing. It was moved by Commissioner OHM and seconded by Commissioner GUILDNER to recommend approval of a two-lot minor subdivision plat on property zoned ~esidentiai-One (R-1) located at 9801 W. 32nd Avenue for the following reasons: 1. All agencies can provide service to the property with improvements installed at the developer's expense. 2. Both lots are consistent with R-1 zone district standards. 3. All requirements of Article IV of the zoning and development code have been met. With the following conditions: 1. Fees in lieu of streetscape improvements be provided prior to recording the plat. 2. Fees in lieu of parkland dedication be provided prior to recording the plat. Motion carried 6-0. Planning Commission Minutes December 19 ,2013 -2 - ,.~A# ... ~ .,. City of • JP"WheatR.i_dge ITEM NO: LJ • DATE: January 27 ,2014 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AWARD THE CONTRACT FOR THE WADSWORTH BOULEVARD PLANNING AND ENVIRONMENTAL LINKAGE STUDY TO PARSONS BRINCKERHOFF, DENVER, CO, IN THE AMOUNT OF $962,351.41, WITH AN ADDITIONAL CONTINGENCY AMOUNT OF $96,200 FOR A TOTAL OF $1,058,551.41 0 PUBLIC HEARING (gl BIDS/MOTIONS 0 RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2N° READING D YES City Manager The City was awarded funding for a transportation study on Wadsworth Boulevard from 36th to 46th A venues through the Denver Regional Council of Governments (DR COG) Transportation Improvement Program (TIP) in September 2012. The study consistes of a Planning and Environmental Linkage Study (PEL) to identify traffic congestion and safety issues and to develop multi-modal solutions and related environmental mitigation for future construction improvements to address mobility in this highway corridor. Parsons Brinckerhoff was selected by the established procurement process to perform the study for an amount of $962 ,3 51.41. PRIOR ACTION: An Intergovernmental Agreement (IGA) with the Colorado Department of Transportation (CDOT) was approved by resolution on May 13 , 2013 , to authorize the study. FINANCIAL IMPACT: City Staff will administer the study with reimbursement of 53% of all project study-related costs by CDOT, not to exceed $636,000. While the project cost is not expected to exceed the project Council Action Form January 27 , 2014 Page2 estimate, any unlikely shortfall will be provided by the City. The City's portion is not expected to exceed $564,000. Funding for this program has been approved in the Wadsworth PEL line item of the 2013 Capital Improvement Program Budget in the amount of $1 ,200 ,000. Likewise, the 2013 CIP revenues include the expected reimbursements. BACKGROUND: In March 2012 , the City applied to DR COG for federal transportation funds available for fiscal years 2012 through 2017 to help fund a transportation and environmental study on Wadsworth Boulevard from 36th to 46th A venues. DR COG awarded the grant application in September 2012. This project will provide a study and findings which will be utilized for the design and the environmental assessment of future transportation improvements. The improvement of this segment of Wadsworth Boulevard has been a high priority for both CDOT and the City of Wheat Ridge for more than 20 years. Lack of available funding is the primary reason for postponing improvements . It is anticipated the study, with consideration of future land use, will identify the improvements needed to widen Wadsworth Boulevard between 36th and 46th Avenues to six travel lanes , including the major intersections at 38th and 44th Avenues , provide additional tum lanes at key congested intersections , and install medians to better manage access . Bike lanes and detached sidewalks will also be studied to potentially serve additional modes of transportation. The study limits were extended from 35th to 48th A venues as a result of a discussion with CDOT and Federal Highway Administration considering various transportation aspects associated with corridor planning, traffic operation and major land use designations. The federal grant will provide $636,000 to assist in funding the estimated $1 ,200,000 project. CDOT will administer the project's federal funding , while the City will manage the study. Although the IGA states that the City will provide a match of $132 ,000 , the City agreed to provide an overmatching amount of$432 ,000. The IGA addresses the federal grant and only the required minimum local match per federal regulations. The City will be responsible for providing the local match of$564,000 committed in the application to DRCOG . On October 29 , 2013 , proposals were received from four consulting firms , in response to RFQ- JN-13-22. Based on the review of the proposals , interviews and reference checks , the highest ranked firm was Parsons Brinckerhoff, Denver, CO. Final selection was based on qualifications , study approach , innovative ideas , the project team and their experience on previous studies. Appropriate fees for the work were then negotiated to an amount of $962 ,351.41. The proposal also includes additional services that may be needed in the event that additional requirements are warranted to complete the study. This includes , but is not limited to , environmental assessment or other technical analysis. Staff recommends that $96 ,200 , approximately 10% of the base contract, be allocated as contingency funds , should additional services be required during the study process. Council Action Form January 27 , 2 014 Page 3 RECOMMENDATIONS: Staff recommends award ofthe Wadsworth Boulevard Planning and Environmental Linkage Study to Parsons Brinckerhoff in the amount of $962 ,351.41 with a study contingency of $96 ,200 and that the Director of Public Works be authorized to issue change orders up to a total contract and contingency amount of $1 ,058 ,551.41 . RECOMMENDED MOTION: "I move to award the contract for the Wadsworth Boulevard Planning and Environmental Linkage Study to Parsons Brinckerhoff, Denver, CO , in the amow1t of $962 ,351.41 , with an additional contingency amount of $96 ,200, for a total of $1 ,058 ,551.41." Or: "I move to deny the award ofthe contract for the Wadsworth Boulevard Planning and Environmental Linkage Study to Parson Brinckerhoff, Denver, CO , for the following reason(s): REPORT PREPARED/REVIEWED BY: Steve Nguyen , Engineering Manager Jennifer Nellis , Purchasing Agent Scott Brink, Director of Public Works Patrick Goff, City Manager ATTACHMENTS: 1. Wadsworth PEL Study Final Proposed Scope 2. Wadsworth PEL Parsons BrinckerhoffBudget Summary SCOPE OF WORK BASIC CONTRACT CONTRACT TYPE [CHECK ONE] D Specific Rate of Pay 1:8] Cost Plus Fixed Fee D Lump Sum CONTRACT DATE: TBD CITY OF WHEAT RIDGE PROJECT NUMBER: M-01-13 PROJECT LOCATION: SH 121/Wadsworth Boulevard : W 35th toW 48th COOT PROJECT NUMBER: STU 1211-081 COOT PROJECT CODE: 19488 THE COMPLETE SCOPE OF WORK INCLUDES THIS DOCUMENT (ATTACHED TO THE CONTRACT FOR CONSULTANT SERVICES) AND, IF REFERENCED, SECTION 1 PROJECT SPECIFIC INFORMATION SECTION 2 PROJECT MANAGEMENT AND COORDINATION SECTION 3 EXISTING FEATURES SECTION 4 REFERENCE ITEMS NEEDED BY THE CONSULTANT SECTION 5 GENERAL INFORMATION SECTION 6 PROJECT INITIATION AND CONTINUING REQUIREMENTS SECTION 7 PEL STUDY WORK TASK DESCRIPTIONS SECTION 8 CONTRACT CONCLUSION (CHECKLIST) APPENDICES Attachment 1 Page 1 TABLE OF CONTENTS SECTION 1 1 PROJECT BACKGROUND 2 PROJECT GOALS 3 PLANNED IMPROVEMENTS 4 WORK DURATION 5 CONSULTANT RESPONSIBILITY AND DUTIES 6 WORK PRODUCT 7 WORK PRODUCT COMPLETION 8 ADDITIONAL PROJECT INFORMATION 9 SCOPE OF WORK ORGANIZATION SECTION 2 1 2 CITY CONTACT PROJECT COORDINATION SECTION 3 1 2 3 4 STRUCTURES UTILITIES IRRIGATION DITCHES RAILROADS SECTION 4 1 2 CURRENT COOT MANUALS, SPECIFICATIONS, STANDARDS, ETC. CURRENT CITY MANUALS, SPECIFICATIONS, STANDARDS, ETC. SECTION 5 1 NOTICE TO PROCEED 2 PROJECT COORDINATION 3 ROUTINE REPORTING AND BILLING 4 PERSONNEL QUALIFICATIONS 5 CITY COMPUTER/SOFTWARE INFORMATION 6 COMPUTER DATA COMPATIBILITY 7 PROJECT DESIGN DATA AND STANDARDS SECTION 6 1 PROJECT INITIATION AND CONTINUING REQUIREMENTS Page2 4 4 4 4 4 5 5 5 5 ERROR! BOOKMARK NOT DEFINED . 6 6 6 6 6 6 6 6 7 7 7 7 7 7 7 8 8 8 9 9 9 SECTION 7 1 2 3 EXISTING CONDITIONS REPORT DEVELOP A STATEMENT OF PURPOSE AND NEED AND IDENTIFY GOALS FOR THE CORRIDOR ALTERNATIVE SELECTION REPORT 11 12 15 16 4 SYSTEM/PROJECT FEASIBILITY STUDY AND FEASIBILITY STUDY REPORTERROR! BOOKMARK NOT DEFINED. SECTION 8 19 1 SUPPLEMENTAL WORK 19 2 CONTRACT COMPLETION 20 APPENDICES 20 APPENDIX A 21 APPENDIXB 24 APPENDIXC 26 PEL QUESTIONNAIRE 26 Pa ge 3 1 PROJECT BACKGROUND SECTION 1 PROJECT SPECIFIC INFORMATION State Highway 121/Wadsworth Boulevard is a primary north-south corridor through the City of Wheat Ridge . The Roadway is classified as a Principal Arterial and provides acce s to Interstate 70, connects the City to the neighboring Cities of Arvada and Lakewood, and intersects with three regional FasTracks corridors. In several City planning documents , Wadsworth Boulevard is identified as a primary commercial corridor and a key target area for redevelopment. In DRCOG 's 2035 Metrovision Plan , Wadsworth Boulevard is shown as a Tier 2 - Potential Regional and State Intercity Corridor. For many Front Range commuters, Wadsworth Boulevard serves as a primary north-south-route . The street currently has two travel lanes in each direction with side by side left turns through the City, except at the signalized street intersections where single left tum lane s exist. Dedicated right tum lane s exist at so me street intersections and businesses . Multi-modal facilities are sporadic and mo st do not meet current standards. The City of Wheat Ridge (City) is sol iciting consultant serv ices to investigate and make recommendations for improvements to the street to provide additional capacity, to improve the multi-modal facilities, and to ensure adequate local access. The selected consultant team (hereafter referred to as the Consultant) shall evaluate the existing and future operating conditions and features of the street. In this project the scope of services to be provided by the Consultant shall produce a Planning and Environmental Linkage (PEL) Report with the goal of identifying existing conditions , anticipated problem area s, and developing a range of multi-modal improvement s to reduce congestion and improve operations and safe ty of the street. The result s of these efforts may ultimately be used to prepare National Environmental Policy Act (NEPA) studies and fmal design. 2 PROJECT GOALS This project is intended to examine the need for the following improvements to the street , as well as producing design , funding , scheduling, and phasing recommendations to achieve them : A. Higher level-of-service operations at the signalized intersections B . Improved multi-modal facilities to serve transit and other modes of transportation C. Improved aesthetics and safety by incorporating streetscape and lighting D. Reconstruction to current design and operation standards E. Adequate local access to service existing and planned adjacent land uses The objective of thi s project is to work with stakeholders to analyze and develop a range of improve ments to reduce congestion and impro ve operational perfom1ance and safety of the st reet and lo cal access. The projec t will assist the City, other public agencies, and resource agencies in identifying issues of importance to each respective agency. The Consultant will produce documents and deliverables in a form that can be incorporated by reference , as appropriate , in sub sequent NEPA document(s) as outlined in Appendix A to 23 CF R Part 450 -Linking the Transportation Planning and NEPA Processes. 3 PLANNED IMPROVEMENTS This project is located on SH 121/Wadsworth Boulevard between mileposts 15 .367 and 16.577 (W. 35th and W. 48th Avenues) in Jefferson County. 4 WORK DURATION The time period for the work described in this scope is approximately 15 to 24 months . Page4 5 CONSULTANT RESPONSIBILITY AND DUTIES The Consultant is responsible for conducting project coordination, agency coordination , public participation, feasibility study conceptual design and alternatives analysis , environmental and design data collection and analysis , specifications and estimate, and post design services as described in the following sections. 6 WORK PRODUCT The work in the scope of services for this project will be contracted on an individual Task Order basis, as needed and if needed as determined by the City. The City reserves the right to , at its sole discretion , decide to not issue task orders for any part of the work contained in this scope of services. The Consultant work products will include : A. Reports B. Project Coordination C . Schedules D. Meeting Minutes Detailed work product requirements are described in the following sections . All work required to complete this Scope of Work requires the use of English Units . 7 WORK PRODUCT COMPLETION All submittals must be accepted by the City 's Public Works Director or designee . 8 ADDITIONAL PROJECT INFORMATION Additional information regarding this project is included in the following documents: A. Accident history data B. Traffic Data C . GIS data including: a Aerials from 2001 to 2012 b Roadway features c Planimetric data d ROW, easement, and property data e Zoning data Please provide a notice of five working days prior to obtaining the document(s) in person. Page 5 SECTION 2 PROJECT MANAGEMENT AND COORDINATION 1 CITY CONTACT The Contract Administrator for this project is: Name: Steve Nguyen, PE Title: Engineering Manager Active day-to-day administration of the contract will be delegated to : Name: Mark A Westberg , PE , CFM Title: Projects Supervisor Address:7500 W 29th Avenue , Wheat Ridge CO 80033 Phone : 303-235-2863 E-mail : mwestberg@ci .wheatridge.co.us 2 PROJECT COORDINATION Coordination will be required with the following entities: A. Colorado Department of Transportation (CDOT) B. Jefferson County C . Regional Transportation District (RTD) D. Denver Regional Council of Governments (DR COG) E. Urban Drainage & Flood Control District (UDFCD) F. Environmental Protection Agency (EPA) G. Federal Highway Administration (FHWA) H. Federal Transit Authority (FT A) I. Utility Providers J . State and Federal Resource Agencies K. Emergency Response Agencies The consultant should anticipate that a design which affects an agency will have to be accepted by that agency prior to its acceptance by the City. Submittals to affected agencies will be coordinated with the City. 1 STRUCTURES There are no know structures at this time. 2 UTILITIES SECTION 3 EXISTING FEATURES Contact Utility Notification Center of Colorado (UNCC) at 1-800-922-1987 3 IRRIGATION DITCHES There is no known irrigation ditch involvement at this time . 4 RAILROADS There is no known railroad involvement at this time. Note: The above is a list of the known features in the area . It should not be considered as complete. The Consultant should be alert to the existence of other possible conflicts . Page 6 SECTION 4 REFERENCE ITEMS NEEDED BY THE CONSULTANT 1 CURRENT CDOT MANUALS, SPECIFICATIONS, STANDARDS, ETC. The consultant shall obtain and utilize the most recent CDOT adopted references including standards and specifications, manual s and software, electronic files of applicable standards, and all CDOT forms specified in this document or as directed by the City. A list of general reference material is provided in Appendix A. 2 CURRENT CITY MANUALS, SPECIFICATIONS, STANDARDS, ETC. The consultant shall obtain and utilize the most recent City adopted references including standards and specifications, manuals and software, electronic files of applicable standards, and all City forms specified in this document or as directed by the City. A list of general reference material is provided in Appendix A. 1 NOTICE TO PROCEED SECTION 5 GENERAL INFORMATION Work will not commence until the written Notice-to-Proceed is issued by the City with certification from the Consultant that the work will be completed within the allotted time. Work may be required , night or day, on weekends , on holidays , or on split shifts . The City must concur in time lost reports prior to the time lost delays being subtracted from time charges. Subject to City prior approval the time charged may exclude the time lost for : A. Reviews and Approvals B. Response and Direction 2 PROJECT COORDINATION A. Routine Working Contact The routine working contact will be between the City 's Project Manager (City/PM) and the Consultant Project Manager (C/PM) as defined in Section 6.H .a. B. Project Manager Requirements Each Project Manager will provide the others with the following: a. A written synopsis or copy of their respective contacts (both by telephone and in person) with others. b . Copies of pertinent written communications. 3 ROUTINE REPORTING AND BILLING The Consultant will provide the following on a routine basis: A. Coordination Coordination of all contract activities by the C/PM B. Periodic Reports and Billings The periodic reports and billings required by CDOT Procedural Directive 400.2 (Monitoring Consultant Contracts). Page 7 C. Minutes of all Meetings: The minutes will be completed and provided to the City/PM within five (5) working days after the meeting. When a definable task is discussed during a meeting, the minutes will identify the "Action Item", the party responsible for accomplishing it , and the proposed completion date . D. General Reports and Submittals In general , all reports and submittals must be approved by City prior to their content being utilized in follow-up work effort. 4 PERSONNEL OUALIFICA TIONS The C/PM must be approved by the City. Certain tasks are required to be done by a Licensed Professional Engineer (PE) or a Professional Land Surveyor (PLS) who is registered with the Colorado State Board of Registration for Professional Engineers and Land Surveyors, National Institute for Certification in Engineering Technology (NICET). Other certifications may be required for project inspectors and testers. 5 CITY COMPUTER/SOFTWARE INFORMATION The consultant shall utilize the most recent City adopted software. The primary software used by the City is as follows: A. Draftin g/CADD B. Earthwork C . Survey D . Geometry E. Estimating F. Specifications G. Traffic Operations H. Travel Demand Model I. Traffic Signals 1. Hydraulics K. Pavement Design L. Scheduling M . GIS N. Noise Modeling 0. Mise P. Reports AutoCAD Civil 3D 2011 with the City's standards AutoCAD Civil 3D 20 II AutoCAD Civil 3D 20 II AutoCAD Civil 3D 2011 Microsoft Excel 20 I 0 Microsoft Word 2010 CORSIM , VISSIM , and DYNASMART TransCAD , and/or DYNASMART Synchro/Sim Traffic Hydrologic Engineering Center's River Analysis System (HEC-RAS) DARWin (AASHTO) Microsoft Project 20 I 0 ESRI , ArcMap geodatabases (Projection : NAD 83 HARN State Plane Colorado Central FIPS 0502 Coordinate System) TNM v2 .5 Micro oft Word 20 10 , Excel 2010 , Power Point 20 I 0 Adobe Acrobat 10.0 Profes ional , Microsoft Word 2010 6 COMPUTER DATA COMPATIBILITY The data format the City presently utilizes which Consultants shall be required to use for submitting roadway design data is AutoCAD Civil 3D 20 II. The data format used by the Consultant to submit surveying and photogrammetric data shall be as determined by the City/PM. The data fom1at for submitting design computer files shall be compatible with the latest version of the adopted City standards. The Consultant shall immediately notify the City/PM if the fum is unable to produce the desired fom1at for any reason and cease work until the problem is resolved . Refer to Table I , Submittals, for additional infom1ation regarding the formats and the acceptable transmittal media. Page 8 7 PROJECT DESIGN DATA AND STANDARDS Appendix A is a list of technical references applicable to CDOT work. The consultant is responsible for ensuring compliance with the latest CDOT adopted version of the listed references . Conflicts in criteria shall be resolved by the City!PM. SECTION 6 PROJECT INITIATION AND CONTINUING REQUIREMENTS This list establishes the consultant's individual task responsibility. The consultant shall maintain the ability to perform all work tasks which are indicated below by an 'X ' in the consultant column, in accordance with the forms and conditions contained herein , and the applicable City and CDOT standards. Selected work tasks shall be assigned only after coordination and consultation with the City. The Consultant is also responsible for coordinating the required work schedule for those tasks accomplished by the City and other agencies. The Consultant should review this entire section to identify applicable material. Contact the City !PM if clarification is required (see Section 2.1 , City Contact). The following activities of communication, consensus building, project team reviews , conceptual design , data gathering , documentation, and formal public notice should be planned by the Consultant and coordinated with the City!PM. The time of their accomplishment will overlap , and parallel paths of activity should be planned to fmish the development phase in accordance with the shortest possible schedule. The type and number of meetings , documents , etc., will depend on the category and characteristics of the project work. A project plan shall be developed by the Consultant which satisfies the requirements of the project development. This plan must be approved by the Contract Administrator (see Section 2.1 , City Contact) before starting the work . City/Other Consultant PROJECT INITIATION AND CONTINUING REQUIREMENTS A. Initial Project Meeting X X An initial project kick-off meeting will be held , coordinated by the Consultant , and conducted by the City . The meeting will review the Project Management Plan , project scope, schedule, key milestones , and project study area boundary. The meeting may include an on-site inspection to familiarize the entire project team with the character and conditions of the area. The Consultant shall develop an invitation list in coordination with the City, send notices with a draft agenda , and provide meeting minutes to all those invited. The Consultant will facilitate a chartering session among CDOT, the City, and Consultant team members to establish the project charter, including defining the team's purpose and establishing critical success factors , goals, roles and responsibilities , operating guidelines, interpersonal behaviors , and other elements. The charter will be a written document that is signed by all participants. B . Project Management Plan X The Consultant shall submit a plan for managing the project, including work assignments, project schedule, document quality assurance program, administrative record , document and agency reviews, and other project needs . C. Resource Review X X Consultant shall review relevant standards and specifications and document environmental requirements applicable to the project. This task shall include two meetings , one with CDOT and one with the City to discuss the initial work efforts of the project. Page9 D . Project Study Area Boundary X X Preliminary project logical termini will be recommended by the consultant. The consultant will perform necessary research and data collection to propose a study area boundary and logical termini for use in scoping. The consultant will coordinate with CDOT and the City for recommendation to FHWA for approval. E. Project Schedule X The initial project schedule will be prepared by the Consultant, reviewed with the City , and refmed to provide detail as requested . Modifications shall be made for acceptance by the City. The schedule will be reviewed and discussed at regular intervals and updated as necessary. The work in this scope is expected to take approximately 15 to 24 months to complete . F. Obtain Necessary Trespass Rights and Permits X X Some activities may require work on land not controlled by the City or CDOT . In such cases the City shall obtain the necessary written permission to enter the premises. The City 's standard Right of Entry Fom1 or CDOT Form 730 may be used for this purpose. The Consultant will assist the City with work efforts consisting of the following activities: a. Consultant shall develop ownership lists with names and telephone numbers of persons to contact for Right-of-Entry (ROE). Prepare initial mailing list from this effort . b. The City shall prepare ROEs for 151 tier properties for field work and other activities as they arise. c . The City shall track status of ROEs, when sent , when returned , approved or rejected , conditions , other interested parties and tenants , etc . The ROEs shall apply to City and Con ultant personnel. d . Consultant shall obtain permits, as required , for fieldwork activities . G . Plan and arrange Required Traffic Control X Consultant field activitie that interfere with traffic operations within existing roadways will require control of traffic. The Consultant will plan and provide any required traffic control for the survey, testing , or the design process . Traffic control operations will be in accordance with the MUTCD . The proposed Method for Handling Traffic (MHT) must be submitted to the City/PM. Also, certification of the Traffic Control Supervisor as a Worksite Traffic Supervisor by the American Traffic Safety Services Association (ATSSA) or as a TCS (Traffic Control Supervisor) by the Colorado Contractors Association (CCA) shall be required . The Consultant will work directly with the City to prepare and submit appropriate basic traffic control plans for work tasks which may be required and are within traveled roadway to CDOT for approval. Any work within the City's right of way will require a permit and traffic control plan approved in advance by the City. H. Progress Meetings X X The City and the Consultant will meet at regular intervals, to coordinate and track work efforts, progress and issues , and to work towards resolution of potential problems. The C/PM shall provide a status report of the project schedule and budget at regular intervals. The C/PM shall conduct the meetings , send meeting notices , agendas and handout materials, and prepare and distribute meeting minutes. The minutes of each meeting shall track and report progress on action items identified during previous meetings. Team meetings will be organized as follows : Page 10 a. Project Team Meetings : Project Team consists of the City and Consultant Project Managers. Team will meet on a bi-weekly basis to review status of and manage the overall project progress , schedule, and work plan . Team meetings will be used to conduct primary evaluations and decisions required during the PEL process. b. Technical Team Meetings : Technical Team consists ofCDOT, the City, and Consultant technical task leaders responsible for coordination of technical information as needed . Team will meet on a 6-week basis to review status and progress of project technical material s and conceptual designs. I. Public Involvement Coordination X X The City will assist the Consultant in organizing all Stakeholder meetings and Public Meetings. The Consultant is responsible for creating and providing all materials for these meetings. It is anticipated that a minimum of two meetings between the Consultant and the Public-Stakeholders will be necessary in this Task. 111 addition to this , it is anticipated that numerous other contacts will need to be made with all of the public agency stakeholders , both at the staff level and the elected official level , to communicate and negotiate the s takeholders' concerns about specific problems and visions for the corridor. The Consultant will submit a Strategic Communications Plan that identifies all activities associated with public involvement at the beginning of the project. The Consultant shall provide the presentation aids , and help conduct the following meetings: a. General Public Meeting (information and workshops) The fom1at of these meetings will be dictated by the project and goals for the meetings . These meetings may be used to establish communications with the public, add to the "contact list", and gather information regarding local concerns. The meetings may also take the form of a work session or workshop with the affected parties. Up to three of these meetings will be held by the project team. b . Resource Agency Meetings (information and workshops) The format of these meetings will be dictated by the project and goals for the meetings . These meetings may be used to establish communications with the resource agencies , add to the "contact list," and gather information regarding resources of concern. The meetings may also take the form of a work session or workshop with the resource agencies. Up to twelve of these meetings will be held by the project team . c. City Council Meetings (information and workshops) The format of these meetings will be dictated by the project and goals for the meetings . These meetings may be used to establish communications with the local leaders and gather information regarding resources of concern . The meetings may also take the form of a work session or workshop with the City Council . Up to six of these meetings will be held by the project team . SECTION 7 PEL STUDY WORK TASK DESCRIPTIONS The Study will be conducted in accordance with the Statewide and Metropolitan Planning Regulation 23 CFR 450. The provisions linking planning and NEP A presented in Section .318 and Appendix A of 23 CFR 450 are to be followed . The finding s of the PEL Study will establish the Purpose and Need , subsequent phase study area and Page 11 reasonable alternatives , logical termini and independent utility , and programming priorities/timeframes/funding to be used in updating transportation plans and transportation improvement programs (TIPs). The Study will include development and evaluation of alternatives based on a consideration of Purpose and Need , geometric , planning and environmental factors , the location of communities and other developed areas , a traffic feasibility analysis , and public and agency input. PEL Study alternatives will initially be developed based on secondary source or available environmental and community data, and will be refined through agency and public input and other on-going studies. Environmental and community data will be updated for the refined corridors through photo interpretation and selected ground-truthing . The intent of the PEL Study analysis is not to identify impacts , but rather to identify potential roadblocks for those PEL Study alternatives which provide the best balance in meeting the Purpose and Need and avoiding/minimizing the potential to affect resources during subsequent study phases . The Study will be developed and documented in a form that can be incorporated by reference , as appropriate , in subsequent NEP A document(s) as outlined in Appendix X to 23 CFR Part 450 -Linking the Transportation Planning and NEPA Processes. All final deliverables identified in this contract will be of such quality that they could be incorporated directly or by reference into these NEPA documents . The study process will comply with the requirements of the Moving Ahead for Progress in the 21 51 Century (MAP-21 ). Thi s li st es tablishes the consultant's individual task responsibility . The consultant shall maintain the ability to perform all work tasks which are indicated below by an 'X ' in the consultant column , in accordance with the forms and conditions contained herein , and the applicable City and CDOT s tandard s. Selected work tasks shall be assigned only after coordination and consultation with the City. The Consultant is also responsible for coordinating the required work schedule for those tasks accomplished by the City and other agencies. The Consultant should review this entire section to identify applicable material. Contact the City/PM if clarification is required (see Section 2.1 , City Contact). The following activities of communication, consensus building, project team reviews , conceptual design , data gathering , documentation , and formal public notice should be planned by the Consultant and coordinated with the City/PM . The time of their accomplishment will overlap , and parallel paths of activity should be planned to finish the development phase in accordance with the shortest possible schedule. The type and number of meetings , documents , etc., will depend on the category and characteristics of the project work. A project plan shall be developed by the Consultant which satisfies the requirements of the project development. This plan must be approved by the Contract Administrator (see Section 2 .1, City Contact) before starting the work. City/Other Consultant EXISTING CONDITIONS REPORT During the development of the environmental document , conceptual design efforts will be required to develop and refine alternatives for later inclusion into the NEP A screening process . Conceptual design efforts will include the following: A. Evaluation of Existing Roadway Conditions a Acquire available construction as-built files , records , and information for the following: Accident records 11 Street geometry m Drainage and floodplain conditions iv Lighting v Traffic signals vi Pedestrian and bike facilities vu Transit facilities b Initial geology investigation Page 12 X The Consultant shall conduct and document a thorough investigation of the project area to determine existing geologic conditions including but not limited to soil maps, major excavations, unsatisfactory sub-grade materials , present and potential subsidence, consideration and description of the water table (depth/gradient), etc. Preliminary borings (assume 8) will be taken to evaluate the condition of the pavement sub-grade structure. c Initial Field Survey and utility investigation The Consultant shall conduct field survey and collect data to produce a planimetric map of the corridor. All existing features will be included in the mapping including but not limited to edges of pavement, curb , gutter, sidewalk, driveways , walls , signs, traffic signals, and fences . The Consultant shall also conduct and document an investigation of the project area to determine existing utility conditions within the project limits . As part of this investigation the Consultant will collect utility location key maps for all utilities in the project area in coordination with COOT Region I utilities specialist, identify all known utilities , ownership , type , size, and special conditions to consider should utility relocation be required , and research and obtain copies of utility easements (public and private) and utility franchise agreements to determine conditions under which the utility was established in its present location (e.g. by revocable permit or by a privately owned easement). As part of the preliminary field survey planimetric mapping requirements , above ground utilities such as poles , manholes , valves , pedestals, guy wires , and other visible utility features will be located . d Existing Environmental Conditions Conduct an environmental scan and list of critical environmental issues within the corridor that include the following tasks: Map environmental resources and prepare a list of environmental issues. Include , at a minimum : A Flood ways and I 00-year flood plain boundaries B Likely locations of wetlands C Known archaeological and paleontological sites D Mines E Hazardous waste sites F Community or public wells G Historical buildings, sites, and districts H Rivers and lakes (identifying any designated wild and scenic rivers) 1 State and national forests J Wildlife reserves K Critical wildlife habitat L Threatened and endangered species (locations or likely presence) M Public parks and recreation facilities N Prime agricultural land 0 Barrier effect P Pedestrian and bicycle access Q Noise R Air quality S Neighborhood/business displacement T Community facilities (eg churches, schools, banks, groceries) 11 Identify those areas expected to require further analysis for NEPA purposes. 111 Prepare an environmental scan report for the City, resource agency, and public review . iv Identify and describe any features that may require context sensitivity. v Expected Products (Results) A An environmental scan map of key socioeconomic and environmental re ources ; B A list of environmental issues within the corridor, and identification of areas that require further analysis. C A report summarizing the results of the research of land uses and other characteristics of the region . The report should include: Page 13 a Community profile, including socioeconomic characteristics, population, growth trend , and employment trends for use in future forecasts b Current land uses c Planned land uses incorporating the City's comprehensive plan , urban renewal plan , sub- area plans , etc. d Historical and cultural buildings and site e Existing conditions summary Summarize findings of existing roadway conditions in a graphical plan set (Geometric Health Report). Plans (II" x 17", scale: I" = 50') will be based on aerial photography of the project limits. A ranking system (Low/Medium/High) will be used to compare existing conditions to the specific design criteria for the project limits . Location of comparisons will be charted and indicated on the plan set. The Geometric Health Report and supporting summary information will be included in the existing roadway structures section of environmental document. A summary of findings from the initial geology and initial utility investigations will be included in the environmental existing conditions data submittal document. B . Traffic Study X a Traffic data collection The Consultant shall obtain current traffic counts for the project limits and surrounding roadway network impacted by the project to evaluate the existing traffic operations. Available traffic data s hall be compiled from the City and other sources including COOT automated traffic recorder locations . The Consultant shall conduct a traffic count program to facilitate level of service evaluation at the signalized street intersections. Daily vehicle classification counts will be collected at relevant strategic locations along Wadsworth Boulevard , and AM and PM peak hour turning movement counts will be collected at relevant strategic local intersections on two consecutive weekdays. Classification count and intersection turning movement count locations are to be determined by the Con ultant in coordination with the City. Daily traffic counts shall be completed on Wadsworth Boulevard to evaluate merge, diverge , and weave operations. To as ist in the evaluation of potential neighborhood traffic impacts, up to twelve 48-hour speed/volume counts will be conducted on neighborhood streets. b Travel demand forecasting Travel demand modeling shall begin at the same time as data collection. The consultant will utilize the adopted 2035 regional DRCOG model , COMPASS, and develop a sub-area model specific to Wadsworth Boulevard . The new COMPASS model has a more refmed transportation analysis zone structure than previous models , so the Consultant shall assume that extensive zone restructuring and network refinement is not required but that orne network and T AZ refinement is expected. The DR COG model does contain a complex transit component.It is not the intent of this scope of work to duplicate efforts of tran si t focused projects in the vicinity of the project limit s. Therefore, any specific transit modeling s hould be coordinated with DRCOG and RTD . The consultant shall be responsible for performing "reasonableness" checks on information developed and derived from use of the DRCOG model. The primary product of this work will be 2035 travel demand forecasts approved for study use by DRCOG. These forecasts will be used to develop 2035 traffic movements at study intersections, un- signalized ramp movements , and along major arterials . The Consultant shall use the approved DRCOG data sets and road network to ensure that the traffic analysis is compatible with the NEP A process . c Traffic operations Traffic operational analysis will include an evaluation of the existing conditions as well as a 2035 analysis for the No-Action and a preferred set of alternatives. It is recommended the consultant use the DynasmartP/DynusT model that exists with DRCOG to aid on larger scale planning and operational analysis. This model should be used to help understand the regional distribution of traffic , possible diversion for different design alternatives and to help determine the limits of subsequent traffic operational analysis. Page 14 It is anticipated that Synchro will be used for evaluation of intersection operations and to serve as a basis for the development of a system wide traffic model. The Consultant shall use the traffic model to evaluate the traffic operations of the complete roadway system and report the agreed upon measures- of-effectiveness (MOE's) for the existing conditions, No-Action and preferred set of alternatives. Site specific operational analysis (i .e. turning movement delays, weaving analysis, queue length determination, etc) may also be required at strategic locations on Wadsworth Boulevard to help identify interim improvements that may provide operational benefits while remaining consistent with the preferred alternative . Specific locations will be determined by the Consultant in coordination with the City. The Consultant will be required to coordinate with COOT traffic and FHW A at key milestones in the traffic modeling and approval process (i.e . model validation and calibration, MOE selections , etc) before additional work proceeds. In addition, consideration shall be made for multimodal and maximum capacity corridor build-out. The data from these analyses shall be used to aid in the selection of the preferred alternative. d Problem identification Based on the initial traffic data collection, travel demand forecasting , and traffic operational analyses , the consultant shall identify traffic problem areas and determine the effects to the surrounding roadway network and intersections . This analysis shall consider traffic volumes , traveUaccess patterns, LOS , delays , travel times , and speeds in neighborhoods and other areas of anticipated traffic congestion . The Consultant shall coordinate this work with other studies in the immediate area. e Pedestrian and Bicycle Facilities The Consultant shall also analyze existing bicycle and pedestrian facilities for safety, adequacy, connectivity, and Americans with Disabilities Act Accessibility requirements and make recommendations for improvements accordance with the City 's Bicycle and Pedestrian Master Plan and Streetscape Design Manual. f Documentation The Consultant shall use the information from the traffic study to create a summary report that will be used under a later task order for submittal to the Transportation Commission if the NEP A process determines that major improvements to Wadsworth Boulevard are necessary. C. Safety A se sment Report X The Consultant shall obtain all available Safety Assessment Reports from COOT which identify existing safety problems within the project limits , available on the COOT website. In the alternatives evaluation portion of the PEL Study, and any other sections that pertain to Safety, the consultant shall specifically identify how the "Build" alternatives propose to mitigate the existing safety problems . If the City or the Consultant deem that existing available traffic safety reports are outdated and need to be updated ; the consultant shall prepare a traffic safety assessment report in accordance with COOT standards. The City shall provide all data and statistical summaries necessary to complete the report. 2 DEVELOP A STATEMENT OF PURPOSE AND NEED AND IDENTIFY GOALS FOR THE CORRIDOR Develop an Executive Summary containing the following: X A. Identify the visions COOT and the City have for the future of the street and points of disagreement and congruence . B. Refer to data identified in the Existing Conditions Report regarding existing and expected deficiencies in the transportation system serving the study area to compile a List of system deficiencies. Where possible , locate the deficiencies on a base map for use at the public meetings. C. Reference the list of issues that resulted from contacts with stakeholders and general knowledge of the corridor to identify a list of key needs in the corridor. Page 15 D . Prepare a preliminary list of existing and anticipated deficiencies on the corridor. The list should describe the existing or anticipated deficiencies in the transportation system and the growth or changing needs in the study area . Prepare visual displays summarizing data compiled to date . lnclude key factors including the preliminary list of deficiencies already identified. E. Produce a written statement of purpose and need. This statement should be an "umbrella" statement for the corridor, based on identification of needs and deficiencies . The statement should reflect the context sensitivity of the study area's communities to help reach their transportation goals by encouraging the consideration of land use , transportation , environmental , and infrastructure needs in an integrated manner. It should include the following : a. Description of project location , length, termini , and a definition of the project study area . b . Description of exi sting transportation facilities and services, including transit , highway, bus service, park-n-Rides, bicycles and pedestrian, etc. c . Identification of specific transportation problems and deficiencies (highway, pedestrian , bicycle, travel times, and transit). d . System linkage information . e . Existing and future capacity traffic projections from DRCOG . f. Social , economic, and environmental justice issue related to purpose and need . g . Safety problems. h . A summary of previous and current transportation studies community plans , and planning efforts relevant to the project. F. Identify goals for the corridor. 3 ALTERNATIVE SELECTION REPORT A. Alternatives Analysis X a . Develop Preliminary Evaluation Criteria Prior to development of reasonable alternatives , the Consultant will work with CDOT and the City to develop prelin1inary evaluation criteria and submit the criteria to FHWA for review. Established criteria will be used to evaluate and screen the list of potential preliminary alternatives . b. Develop Alternatives The Consultant shall develop an agreed number of alternatives from a universe of options and meaningful implementation phases, which will satisfy the operational requirement and goals of the project. When required, conceptual layouts will be developed for each alternative. The alternatives shall address the project goals and objectives, account for impacts and any necessary roadway improvements to the local street system within the study area. Each alternative will include a discussion of individual component routes within that alternative, their capacities, and traffic impacts including current and future local access points on the arterial and highway system in the study area to maintain local planning consistency. The Consultant shall then identify the reasonable alternatives that could be applied on Wadsworth Boulevard. The Consultant shall investigate lane configurations that satisfy the project 's goals and objectives . Conceptual layouts will be developed for each alternative both in plan and general profile views . These alternatives shall respond to projected design year traffic volumes as developed in the traffic study data collection. The Consultant will evaluate the impacts of each alternative concept and the degree that each accomplishes the goal and objectives of the study. The appropriateness of each Page 16 alternative will be reviewed and evaluated by the City, CDOT, FHWA, and other jurisdictions as appropriate. The Consultant shall complete an initial design of the alternatives decided upon by the City, CDOT, FHW A, and other jurisdictions as appropriate . General profile and cross sections analysis will be developed for all critical areas to analyze each designated alternative . Information is to include general cut and fill limits , ROW and easement requirements , necessary earthwork and structural construction requirements. The design parameters, such as design speed , maximum grades , and typical section will be determined at the beginning and used on each alternative. The Consultant shall prepare the conceptual design for each lane configuration including alignments , construction detours that will be needed , and major structural requirements so that a conceptual cost estimate can be developed . The cost estimate is to include design costs, ROW identification and acquisition , and construction costs . c. Screen Alternatives The Consultant shall utilize a NEPA-appropriate screening process on the universe of alternatives to identify the feasible and significantly different alternatives, which will be later subject to a more detailed NEPA environmental assessment. The purpose of this screening is to eliminate the obviously infeasible alternatives or alternatives that do not meet the Purpose and Need. The Consultant shall develop NEP A-appropriate evaluation criteria and submit them for review and approval by the City, CDOT, and FHWA prior to beginning the screening process. The rationale for elimination shall be thoroughly discussed within the NEPA documentation for those alternatives that are eliminated from further consideration . The No-Action Alternative must be defined and carried through the entire evaluation and assessment process. For each alternative that passes the screening process , the Consultant shall incorporate preliminary design to a level that clearly allows the identification of effects on each environmental area listed below. Unless otherwise indicated, the Consultant is responsible for all of the following PEL activities on each of the alternatives that pass the screening process: A preliminary screening process will be used on the universe of alternatives to identify a limited number of feasible and significantly different alternatives , which will be subject to more detailed evaluation in the "Test Alternatives Analysis." The purpose of this screening is to eliminate the obviously infeasible or unsuitable alternates. All feasible and significantly different options shall be carried forward into more detailed analysis . These feasible and significantly different screened alternatives are to be presented in the frrst public workshop , and the public 's opinion on what issues should be addressed during the detailed analysis of these alternatives is to be solicited. The criteria used in the preliminary screening shall be developed jointly with the City, CDOT, FHW A , and other jurisdictions. The Consultant shall perform a decision alternative analysis for each alternative. The decision alternative analysis shall utilize a decision matrix of compiled (data collection phase) information, using criteria developed and approved by the City, CDOT, FHW A, and other jurisdictions as appropriate. The decision matrix criteria shall include design components, cost (financial analysis), social-economic , and environmental concerns . The decision alternative matrix will be compiled to show the differences between each alternative corridor design in a clear fashion (to be understood by the general public). Environmental (air, noise, water quality, open space, etc.), historic and archaeological impacts , cost, engineering feasibility , construction staging options , transportation impacts , transit impacts, design year level of service and other performance measures, socioeconomic impacts and community acceptability, consistency with and/or impact on adopted plans , urban design issues and opportunities, and phasing of a improvements are examples of the considerations to be used in the screening process . The No-Build alternative must be carried through the entire evaluation and assessment process. A limited number of design alternatives , will be described in a fmal design alternatives technical memorandum For thi s limited set of alternatives , horizontal and vertical alignment studies , at a scale of I "-200', will be conducted. d. Preliminary Sketches Page 17 The Consultant shall develop preliminary sketch concepts of landscape/streetscape improvements along Wadsworth Boulevard. The Consultant shall develop plan and elevation drawings with urban design features , planting masses , and plan access and development potential of adjacent areas. e. Before and After Views The Consultant shall develop a perspective view of each alternative in a "before" and "after" illustration of existing features and proposed design. f. Test Alternatives Analysis Following the development of the short-list of alternatives , the Consultant shall perform a comprehensive test of each of the short-listed alternatives . This test shall utilize a decision process, which includes a compilation of all appropriate criteria . In addition to the socioeconomic and environmental concerns, the decision criteria shall include design standards . The criteria will be compiled in coordination with other activities. Following that, a decision matrix shall be created which combines a list of the alternatives under consideration with the results of the test with each criterion . The alternatives shall then be further developed with initial design and financial analysis. g . Initial Design of Alternatives Once the alternatives have been tested , general profile and cross section studies will be developed for critical areas to analyze the designated alternatives. This infonnation shall be sufficient to determine general cut and fill limits , right-of-way and easement requirements, earthwork and structural requirements . Design parameters such as design speeds, maximum grades , typical sections. intersection and pedestrian routing will be determined at the beginning of the study. The conceptual designs for the roadways , detours , phasing, and major structures will be completed sufficiently so that preliminary cost estimates can be developed and the satisfaction of pertinent design criteria can be demonstrated . Necessary variances will be identified . The following shall be available following completion of the design : 1. Plan and profile of roadways and detours 11. Typical section of roadways and detours iii. Preliminary hydraulic recommendations IV . Preliminary right-of-way requirements v. Recommended construction sequence v1. Phasing opportunities h. Financial Analysis of Alternatives Cost Estimate A total cost estimate will be developed in whole or phases of improvement if feasible . Preliminary and final engineering, ROW acquisition , construction engineering. construction, and maintenance for the design life will be analyzed . ii Funding Package A funding package will be developed . The funding sources necessary to design, acquire, construct and maintain the project will be identified and evaluated for appropriateness and feasibility. B. Feasible Alternatives Recommendation X A "Final Alternatives Report" will be submitted which documents the analysis process . This shall include the fmal staging plan, socioeconomic and environmental concerns, utility conflicts, drainage, and right-of- way requirements, and total cost for the recommended alternatives. The Consultant is responsible for ensuring that the recommended alternative(s) complies with applicable standards and criteria. Where appropriate, the required variances will be identified. A draft for the report shall be submitted for review and comment prior to the submittal of the final report. C. Interim Improvements Operational Analysis X Page 18 The Consultant shall complete the tasks listed in the Alternatives Analysis section on the previous pages in order to provide feasible alternatives to recommend and prioritize operational improvements for the existing corridor that may be implemented in phases that do not preclude the ultimate configuration . These early action items should be developed with costs and prioritized for implementation . D . Sales Tax Impact Analysis X X The Consultant will prepare a retail sales tax impact analysis for up to three of the developed alternatives , for land uses within the project study. The City will provide the Consultant information about existing sale tax collection data for the study area . The consultant will prepare a draft analysis for City review and then make revisions for a fmal document. E. Additional Transit Based Travel Demand Forecasting X The consultant will analyze potential modal shift to transit if an enhanced transit corridor were introduced for a longer stretch of Wadsworth (which is part ofDRCOGs long term vision). The Consultant will use the Compass Model which is a 4-step model with a mode choice step . The consultant will enhance coding and then evaluate the trip table and roadway assignment shifts . Since RTD holds the transit model, accomplishment of this scope is reliant on coordination with RTD and DRCOG staff. If they participate, the Consultant will coordinate with RTD and DRCOG modeling staff. 4 ADDITIONAL SERVICES (TO BE COMPLETED ONLY AT THE DIRECTION OF THE WHEAT RIDGE PROJECT MANAGER) A. 38th and Wadsworth Intersection additional design and environmental X The Consultant will prepare a preliminary design plan set for the intersection improvements (30 percent design level), participate in a Field Inspection Review, and prepare a Categorical Exclusion. B. 41st and Wadsworth Intersection additional design and environmental X The Consultant will prepare a preliminary design plan set for the intersection improvements (30 percent design level), participate in a Field Inspection Review, and prepare a Categorical Exclusion. C. 44th and Wadsworth Intersection additional design and environmental X The Consultant will prepare a preliminary design plan set for the intersection improvements (30 percent design level), participate in a Field Inspection Review, and prepare a Categorical Exclusion. D. Corridor Animation X The Consultant will create a 2.5D Animation for up to five locations in the Wadsworth Corridor. Similar in some respects to 3D animation, 2.5D animations do not require extensive environmental modeling . Using a locked down and view matched camera in a 3D model , animated objects are composited with a still image used for the background . Only the 3D objects (cars, people, etc.) move across the static background image. These can be used as a standalone visual or in the following applications : Digital Movie File, Digital Imagery to be used with PowerPoint Presentations, an Element for Motion Graphics Video , Broadcast Television Media, or Website Movie . SUPPLEMENTAL WORK SECTION 8 CONTRACT CONCLUSION (CHECKLIST) Page 19 It is anticipated that this contract may be supplemented for additional study and/or design effort above any assumed quantities noted in the current contract scope. Additional efforts will require City approval prior to beginning any work efforts . 2 CONTRACT COMPLETION This Contract will be satisfied upon acceptance of the following items, if applicable: A. Periodic Reports B . Billings C . Meeting Minutes D . Project Management Plan E. Project Schedule F. Strategic Conununications Plan G. Environmental Scan Report H . Land Use Report I. Geometric Health Report J. Traffic Model K. Safety Assessment L. Purpose and Need Statement M. Preliminary Sketches N. Before and After Views 0. Final Alternatives Report (PEL) P. Conceptual Design Plans Q . Cost estimate R. Funding Package S . Correspondence with Agencies , Entitie , and Public T . Completed PEL questionnaire APPENDICES A. REFERENCES B . DEFINlTIONS C . PEL QUESTIONNAIRE Page 20 APPENDIX A REFERENCES AMERICAN ASSOCIATION OF STATE HIGHWAY AND TRANSPORTATION OFFICIALS (AASHTO) PUBLICATIONS (using latest approved versions): A. A Policy on Geometric Design of Highways and Streets B. Guide for Design of Pavement Structures C. Guide for the Design of High Occupancy Vehicle and Public Transfer Facilities D . Guide for the Development of Bicycle Facilities E. Guide for the Planning , Design, and Operation of Pedestrian Facilities F. Standard Specifications for Transportation Materials and Methods of Sampling and Testing -Part I , Specifications and Part ll, Tests G. Highway Design and Operational Practices Related to Highway Safety H. Roadside Design Guide I. Designing Walkable Urban Thoroughfares: A Context Sensitive Approach by ITE and CNU J. Guide For The Development of Bicycle Facilities, 4th Edition by AASHTO K. Guide For The Planning , Design, and Operation of Pedestrian Facilities, 1st Edition by AASHTO 2 COLORADO DEPARTMENT OF TRANSPORTATION PUBLICATIONS (using latest approved versions): A. CDOT Design Guide (all volumes) B. Project Development Manual C. Erosion Control and Storm Water Quality Guide D . Field Log of Structures E . Cost Data Book F. Drainage Design Manual G. COOT Quality Manual H . CDOT Survey Manual I. CDOT Field Materials Manual J. COOT Design Guide, Computer Aided Drafting (CAD) K. Standard Plans , M & S Standards L. Standard Specifications for Road and Bridge Construction and CDOT Supplemental Specifications M. Item Description and Abbreviations (with code number) compiled by Engineering Estimates and Marked Analysis Unit, COOT N . Right-of-Way Manual , Chapter 2, Plans and Descriptions Procedures and General information 0 . The State Highway Access Code Page 21 P. Utility Manual Q. Interactive Graphics System Symbol Table 3 COOT PROCEDURAL DIRECTIVES (using latest approved versions): A. No. 400.2 Monitoring Con ultant Contracts B . No . 501.2 Cooperative Storm Drainage System C. No. 514 .1 Field Inspection Review (FIR) D. No. 516.1 Final Office Review (FOR) E. No. 1217a Survey Request F . No. 1304 .1 Right-of-Way Plan Revi ions G . No . 1305.1 Land Surveys H . No . 1700 .1 Certification Acceptance (CA) Procedures for Location and Design Approval I. No . 1700.3 Plan s, Specifications and Estimates (PS&E) and Authorization to Advertise for Bid under Certifications Acceptance (CA) J . No. 1700.5 Local Entity/State Contracts and Local Entity/Consultant Contracts and Local Entity/R.R. Contracts under CA K . No . 1700 .6 Railroad/Highway Contracts (Under Certification Acceptance) 4 FEDERAL PUBLICATIONS (using latest approved versions): A. Manual on Uniform Traffic Control Devices B . Highway Capacity Manual C. Urban Transportation Operations Training -Design of Urban Streets, Student Workbook D . Reference Guide Outline -Specifications for Aerial Surveys and Mapping by Photogrammetric Methods for Highways E. FHWA Federal-Aid Policy Guide F . Teclmical Advi sory T6640.8A G . U.S . Department ofTransportation Order 56IO .IE H . Geometric Geodetic Accuracy Standard and Specification for Using GPS Relative Positioning Technique I. ADAAG Americans With Disabilities Act Accessibility Guidelines 5 TRANSPORTATION RESEARCH BOARD: A. Access Management Manual 6 CITY ADOPTED PLANS : A . Repositioning Wheat Ridge -Neighborhood Revitalization Strategy B. Envision Wheat Ridge C. Wadsworth Corridor Subarea Plan D . 38 1h Avenue Corridor Plan Page 22 E. Economic Development Strategic Plan F . Wadsworth Boulevard Corridor Redevelopment Plan G . 38 1h Avenue Corridor Redevelopment Plan H . Town Center Project URP I. Bicycle and Pedestrian Master Plan J. Streetscape Design Manual K . Parks and Recreation Master Plan Page 23 AASHTO 2 ADT 3 ATSSA 4 ADAAG 5 BLM 6 CA 7 CBC 8 COOT 9 City/PM 10 CDOT/STR II COP HE 12 CEQ APPENDIXB DEFINlTIONS American Association of State Highway & Transportation Officials Average two-way 24-hour Traffic in Number of Vehicles American Traffic Safety Services Association Americans with Disabilities Accessibility Act Guidelines Bureau of Land Management Contract Administrator. The City staff responsible for the satisfactory completion of the contract by the consultant. Concrete Box Culvert Colorado Department of Transportation City Project Manager -The City staff responsible for the day to day direction and Consultant coordination of the design effort . Colorado Department of Transportation Structure Reviewer -The COOT Engineer respon ible for reviewing and coordinating major structural design Colorado Department of Public Health and Environment Council on Environmental Quality 13 COGO Coordinate Geometry Output 14 CONSULT ANT Consultant for this project 15 C!PM 16 DEIS 17 DHV 18 DR COG 19 EA 20 EIS 21 ESAL 22 ESE 23 FEIS 24 FEMA 25 FHPG 26 FHWA 27 FIPI Consultant Project Manager -The Consultant staff responsible for combining the various inputs in the process of completing the project plans and managing the Consultant design effort . Draft Environmental Impact Statement Future Design Hourly Volume (two-way unless specified otherwise) Denver Regional Council of Governments Environmental Assessment Environmental Impact Statement Equivalent Single Axle Load Economic, Social and Environmental Final Environmental Impact Statement Federal Emergency Management Agency Federal Aid Highway Policy Guide Federal Highway Administration Finding In Public Interest Page 24 28 FIR 29 FONSI 30 FOR 31 GPS Field Inspection Review Finding of No Significant Impact Final Office Review Global Positioning System 32 MAJOR STRUCTURES Bridges and culverts with a total clear span length greater than twenty feet. This 33 MS4 34 NEPA 35 NGS 36 NICET 37 NOAA 38 PE 39 PM 40 PLS 41 PRT 42 PS&E 43 PROJECT 44 ROW 45 RTD 46 TIE 47 SH 48 UDFCD 49 USCOE length is measured along the centerline of roadway for bridges and culverts, from abutment face to abutment face , retaining structures are measured along the horizontal distance along the top of the wall . Structures with exposed heights at any section over five feet and total lengths greater than a hundred feet as well as overhead structures including (bridge signs, cantilevers and butterflies extending over traffic) are also considered major structures. Municipal Separate Storm Sewer System National Environment Policy Act National Geodetic Survey National Institute for Certification in Technology National Oceanic and Atmospheric Administration Professional Engineer registered in Colorado Program Manager Professional Land Surveyor registered in Colorado Project Review Team Plans, Specifications and Estimate The work defined by this scope Right-of-Way : A general term denoting land , property, or interest therein, usually in a strip acquired for or devoted to a highway Regional Transportation District Threatened and/or Endangered Species State Highway Numbers Urban Drainage and Flood Control District United States Army Corp of Engineers Note For other definitions and terms , refer to Section I 0 I of the CDOT Division of Highways Standard Specifications for Road and Bridge Construction and the CDOT Design Guide . Page 25 APPENDIXC PEL QUESTIONNAlRE This questionnaire is intended to act as a summary of the Planning process and ease the transition from the planning srudy to a NEP A analysis. Often , there is no overlap in personnel between the planning and NEP A phases of a project, and much (or all) of the history of decisions , etc., is lost. Different planning processes take projects through analysis at different levels of detail. Without knowing how far , or in how much detail a planning study went, NEPA project teams often re-do work that has already been done. Planning teams need to be cautious during the alternative screen process ; alternative screening should focus on purpose and need/corridor vision, fatal flaw analysis and pos ibly mode selection. This may help minimize problems during discussions with resource agencies. Alternative that have fatal flaw or do not meet the purpose and need/corridor vision cannot be considered viable alternatives, even if they reduce impacts to a particular resource. This questionnaire is consistent with the 23 CFR 450 (Planning regulations) and other FHWA policy on Planning and Environmental Linkage process. In structions: These questions should be used as a guide throughout th e planning process, not just answered near completion of th e process. When a PEL study (i.e. corridor study) is started, this questionnaire will be given to the project team. Some of th e basic questions to consider are: "What did you do?", "What didn't you do?" and "Why?" When the team submits th e study to FHWA for review, the completed questionnaire will be included with th e s ubmittal. FHWA will use this questionnaire to assist in determining if an effective PEL process has been applied before NEP A processes are authorized to begin. The questionnaire should be included in the planning document as an executive summ01 y , chapter, or appendix. I. BACKGROUND What is the name of the PEL document and other identifying project infom1ation (e.g. ub-account or STIP numbers)? A. Provide a brief chronology of the planning activities (PEL study) including the year(s) the studie were conducted. B . Provide a description of the existing transportation corridor, including project linlits , modes, number of lanes , shoulder, access control, and surrounding environment (urban vs. rural , residential vs. commercial, etc.) C. Who was the sponsor of the PEL study (CDOT, Local Agency, Other)? D. Who was included on the study team (Name and title of agency representative , con ultants , etc.)? E. Are there recent , current or near future planning studies or projects in the vicinity? What is the relationship of this project to those studies/projects? METHODOLOGY USED Did you use NEPA-like language? Why or why not ? A. What were the actual terms used and how did you define them (Provide examples or list)? B. How do you see these terms being used in NEPA documents? C. What were the key steps and coordination points in the PEL decision-making process? Who were the decision-makers and who else participated in those key steps? For example, for the corridor vision, the decision was made by CDOT and the local agency, with buy-in from FHW A, the USCOE, and USFWS . D. How should the PEL information below be presented in NEPA? Page 26 AGENCY COORDINATION Provide a synopsis of coordination with federal , tribal, state , and local environmental , regulatory and resource agencies. Describe their level of participation and how you coordinated with them . A. What transportation agencies (e.g. for adjacent jurisdictions) did you coordinate with or were involved in the PEL study? B. What steps will need to be taken with each agency during NEPA scoping? PUBLIC COORDINATION Provide a synopsis of your coordination efforts with the public and stakeholders. CORRIDOR VISION/PURPOSE AND NEED What was the scope of the PEL study and the reason for doing it? A. Provide the corridor vision , objectives , or purpose and need statement. B. What steps will need to be taken during the NEPA process to make this a project-level purpose and need statement? RANGE OF ALTERNATIVES CONSIDERED, SCREENING CRITERIA, AND SCREENING PROCESS What types of alternatives were looked at (Provide a one or two sentence summary and reference document.)? A. How did you select the screening criteria and screening process? B. For alternative(s) that were screened out , briefly summarize the reasons for eliminating the alternative(s). (During the initial screenings , this generally will focus on fatal flaws) C . Which alternatives should be brought forward into NEPA and why? D. Did the public , stakeholders, and agencies have an opportunity to comment during this process? E . Were there unresolved issues with the public , stakeholders and/or agencies? PLANNING ASSUMPTIONS AND ANALYTICAL METHODS What is the forecast year used in the PEL study? A. What method was used for forecasting traffic volumes? B. Are the planning assumptions and the corridor vision/purpose and need statement consistent with the long- range transportation plan? C. What were the future year policy and/or data assumptions used in the transportation planning process related to land use , economic development, transportation costs and network expansion? RESOURCES (WETLANDS. CULTURAL, ETC.) REVIEWED FOR EACH RESOURCE OR GROUP OF RESOURCES REVIEWED, In the PEL study, at what level of detail was the resource reviewed and what was the method of review? A. Is this resource present in the area and what is the existing environmental condition for this resource? B. What are the issues that need to be considered during NEP A, including potential resource impacts and potential mitigation requirements (if known)? C. How will the data provided need to be supplemented during NEP A? Page 27 D . List resources that were not reviewed in the PEL study and why? Indicate whether or not they will need to be reviewed in NEPA and explain why. OUTCOMES A. Were cumulative impacts considered in the PEL study? If yes , provide the information or reference where it can be found . B. Describe any mitigation strategies discussed at the planning level that should be analyzed during NEP A. C . What needs to be done during NEPA to make information from the PEL study available to the agencies and the public? Are there PEL study products which can be used or provided to agencies or the public during the NEP A scoping process? D. Are there any other issues a future project team should be aware of? Example s : Utility problems , access or ROW issues , encroachments into ROW , problematic land owners and/or groups , contact information for stakeholders, special or unique resources in the area , etc. Page 28 Parsons Brinckerhoff cost summary I Wadsworth PEL Study I Rev January 10 2014 Task Total Hours Total Task Cost Total PB Cost Total HDR Cost Total RMC Cost Total Toole Cost Total Arland Cost 6.1 PROJECT INITIATION AND CONTINUING REQUIREMENTS 2085 $250,529.54 $120,365.72 $99,415 .92 $12 ,108.72 $8,874.18 $9,765 .00 7.1 EXISTING CONDITIONS REPORT 2159 $227,801.64 $93,597 .12 $104,838 .84 $6,900.80 $16,884.88 $5,580.00 7.2. DEVELOP PURPOSE AND NEED /IDENTIFY GOALS 76 $10,344.75 $6,899.03 $2,544.00 $0.00 $281.72 $620.00 7.3 ALTERNATIVE SELECTION REPORT 2249 $309,071 .72 $192,661.73 $60,915 .91 $7,987 .00 $23,637 .08 $23,870.00 7.4 Additional Services (at direction of Wheat Ridge PM) 1765 $254,177 .29 $228,452.21 $21,477 .78 $1,319.70 $1 ,997.60 $930.00 Total Direct Labor (not including Task 7.4) $797,747.64 $413,523.59 $267,714.67 $26,996.52 $49,677 .86 $39,835.00 Project Fee at 12% $49,603.77 52% 34% 3% 6% 5% Percent of toto/labor per firm Other Costs Specialty sub-consultants Survey $ 40,000.00 Geotech $ 40,000 .00 Traffic Data $ 10,000.00 $ 90,000.00 Direct Costs Mileage $ 5,000.00 Copies/Reproduction $ 7,500 .00 Public Outreach (boards, room rental, food, etc) $ 7,500.00 Misc . $ 5,000.00 $ 25,000.00 Total Costs $115,000.00 Total Project 6569 $962,351.41 Optional Task 7.4 Additional Services A.38th and Wadsworth Intersection (FIR, CatEx) 489 $ 71,313.92 8.41st and Wadsworth Intersection (FIR, CatEx) 489 $ 71,313.92 C.44th and Wadsworth Intersection (FIR, CatEx) 489 $ 71,313.92 D. Corridor Animation 298 $ 40,235.53 Additional Services Labor Total 1765 $ 254,177.29 Additional Services ODC's (5"} $ 12,708.86 Addltionol Sefvices Fee (12"} $ 30,489.56 AddftlontJISen.fces Total $ 297,375.71 Total Project cost with additional services 8334 $1,259,727.12 Attachment 2 ,.~A~ .... ~ '" City of • ?WlieatRi_dge ITEMNO: 5 . DATE: January 27 ,2014 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE THE PURCHASE OF 2014 VEIDCLE REPLACEMENTS AND THE PURCHASE AND INSTALLATION OF LIGHTING AND AUXILIARY AND COMMUNICATIONS EQUIPMENT IN A TOTAL AMOUNT NOT TO EXCEED $377,500 D PUBLIC HEARING [gj BIDS/MOTIONS 0 RESOLUTIONS D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2 N° READING QUASI-JUDICIAL: D YES [gj NO Ci~ ISSUE: Staff recommends approval ofthe purchase ofthe following vehicles under the State of Colorado Price Agreements: Three 2014 Marked Ford Police Interceptor Utility Vehicles One 2014 Unmarked Ford Police Interceptor Utility Vehicle One 2014 Ford Fusion Hybrid Sedan One Large, Ford F -150 Extended Cab , 4x4 Pickup One Large, Ford F-150 Crew Cab , 4x4 Pickup Two Large , Ford F-250, Extended Cab , 4x4 Pickups with Plow Packages One Large, Ford F-350, 4x4, Cab & Chassis w/ Dump Bed Body & Lift gate Package Total Cost: $30 ,913 /ea. $30,913 /ea. $23 ,285 /ea. $22 ,207 /ea. $26 ,654/ea. $29,784/ea. $35 ,544/ea. $290,910 Staff also recommends approval of the purchase and installation and/or relocation of auxiliary equipment required for the operation of the replacement vehicles along with the installation of lighting, markings and communication equipment at a total cost not to exceed $86 ,590. The total cost of the vehicles , including preparation for use is not to ex ceed $377 ,500, as approved in the 2014 budget. Council Action Form January 27, 2014 Page 2 PRIOR ACTION: None FINANCIAL IMPACT: The funds for these purchases are budgeted in the 2014 Public Works Department General Fund Budget, Account Number 01-303-800-807, Fleet Replacement. The combined total budget for the cost of vehicles and large equipment, including the cost of the transfer, purchase and installation of new and used equipment, lighting, communications and other miscellaneous equipment is $3 77,500. BACKGROUND: The annual review of the City's fleet of vehicles and equipment identified 31 vehicles and I 0 pieces of equipment that should be replaced. The City vehicle and replacement policy, revised by the City Council in 2011, was utilized to determine replacement eligibility. This policy essentially provides replacement guidelines that consider long-term effective service life and costs for budgeting purposes . Among the guidelines considered are high/rising maintenance and repair costs , operating costs, excessive down-time of equipment , parts or service no longer available, poor utilization, updated legal considerations , etc. Financial restraints have limited the budget dedicated to vehicle and equipment replacement for several years and each year un-funded vehicle requests have increased. This year seven vehicles are programmed for replacement , and three vehicles are new additions to the fleet, leaving approximately $2.5 million in high-mileage or outdated vehicles and equipment in the fleet. Vehicle repairs, maintenance and down time are expected to increase as the fleet ages. RECOMMENDATIONS: The vendor source and purchase price of equipment is through the State of Colorado purchasing contract which allows the City to attain the equipment at the best price and in accordance with bid/purchasing requirements . Staff recommends the purchase of the following vehicles this year: 1. Three new 2014, mid-size, marked , all-wheel drive, Ford Police Patrol Utility Interceptor vehicles will be purchased from Spradley-Barr Ford Lincoln Mercury of Greeley, Colorado , to replace three existing, high-mileage Ford Police Patrol Crown Victoria marked sedans , units 51, 54 and 55 in the Patrol Division of the Police Department. 2. One new 2014, mid-size, unmarked , all-wheel drive, Ford Police Patrol Utility Interceptor vehicle will be purchased from Spradley-Barr Ford Lincoln Mercury of Greeley, Colorado, to replace one existing, high-mileage Ford Police Patrol Crown Victoria unmarked sedan, unit 43 in the Patrol Di vision of the Police Department. 3. One new 2014, mid-size, hybrid, Ford Fusion sedan vehicle will be purchased from Sill- Terhar Motors, Inc., of Broomfield, Colorado, to replace one existing, high-mileage Ford Crown Victoria sedan, unit 18 in the Investigations Di vision of the Police Department. Council Action Form January 27 , 2014 Page 3 4. One new 2014 , large, light duty, 4x4 , extended cab , F-150 Ford pickup will be purchased from Lakewood Ford , Inc., of Lakewood , Colorado , as a new addition vehicle in the Building Division of the Community Development Department. 5 . One new 2014 , large, light duty, 4x4 , crew cab , F-150 Ford pickup will be purchased from Lakewood Ford, Inc., of Lakewood , Colorado , as a new addition vehicle in the Maintenance Division of the Parks and Recreation Department. 6. One new 2014 , large, heavy duty, 4x4 , extended cab , F-250 Ford pickup with a plow package will be purchased from Stone Motors , Inc., of Julesburg, Colorado , to replace one existing, high-mileage, 4x4 GMC Sierra 1500 pickup , unit 318 , in the Maintenance Division of the Parks and Recreation Department. 7. One new 2014 , large, heavy duty, 4x4 , extended cab , F-250 Ford pickup with a plow package will be purchased from Stone Motors, Inc., of Julesburg, Colorado , as a new addition vehicle in the Horticulture Division of the Parks and Recreation Department. 8. One new 2014 , large, heavy duty, 4x4 , F-350 Ford cab and chassis with a dump bed body and liftgate package will be purchased from Stone Motors , Inc., of Julesburg, Colorado , to replace one existing, high-mileage Chevrolet 3500 cab and chassis with a dump bed bod y and liftgate package, unit 332 , in the Forestry Division of the Parks and Recreation Department. RECOMMENDED MOTION: "I move to approve the purchase o f 2014 v ehicle replacements and the purchase and installation of lighting and auxiliary and communications equipment in a total amount not to exceed $377 ,500 ." Or, "I mov e to deny the approval of the purchas e of 2014 vehicle replacements and t equipment for the following reason(s): " REPORT PREPARED/REVIEWED BY: Greg Knudson , Operations Manager Scott Brink , Public Works Director Jennifer Nellis , Purchasing Agent Patrick Goff, City Manager ATTACHMENTS: 1) Vehicle Price Specifications CITY OF WHEAT RIDGE Specifications for three (3) Marked Police Department Utility Police Interceptor All-Wheel Drive (Replacement for Units 51, 54 & 55) January 6, 2014 BASED ON STATE OF COLORADO PRICE AGREEMENT 070000YYY80M Base vehicle as bid : 2014 Ford Patrol4x4 Interceptor Utility: Standard Specifications Body Code: K8 Patrol Passenger Utility, Medium, AWD Interior/Color: Cloth Front & Rear/Charcoal Black Base Body Color/Order Code: Ebony/UA Vinyl Wrap Code/Color: YZ/White On Doors & Roof Panel Fuel Type: Unleaded Gasoline Add Factory Option(s) 43D Dark car feature-Courtesy Lamp Disable 17T Dome Lamp-Red/White In Cargo Area 51 R Spot Lamp-Driver Only (LED Bulb) 92G Glass-Solar Tint 2"d & 3rd Row 21 B Rear View Camera 53M SYNC Basic-Voice Activated Communication System 61 S Remappable (4) switches On Steering Wheel with Voice 18W Rear Window Power Delete 59E Keyed Alike -1435x 90E Ballistic Door Panels-Driver & Passenger Front Doors 55B BUS-Blind Spot Monitoring with Cross Traffic Alert 76R Reverse Sensing 60R Noise Suppression Bonds Total Price of Factory Options: Delete Factory Option(s) 810D All of Complete #810 Package Total Price of Vehicle Only with Selected Factory Options: Attachment 1 $29,951.00 $ 20.00 $ 50 .00 $ 395.00 $ 120.00 $ 245.00 $ 295.00 $ 155.00 $ 25.00 $ 50.00 $ 3,170.00 $ 490.00 $ 275.00 $ 100.00 $5,390.00 <$4,428.00> $30,913.00 CITY OF WHEAT RIDGE Specifications for one (1) Police Department Utility Police Interceptor All-Wheel Drive (Replacement for Unit 43) January 6 , 2014 BASED ON STATE OF COLORADO PRICE AGREEMENT 070000YYY80M Base vehicle as bid: 2014 Ford Patrol4x4 Interceptor Utility: Standard Specifications Body Code : K8 Patrol Passenger Utility , Medium , AWD Exterior Color: Oxford White Interior/Color: Cloth Front & Rear/Charcoal Black Fuel Type : Unleaded Gasoline Add Factory Option(s) 43D Dark car feature-Courtesy Lamp Disable 17T Dome Lamp-Red/White In Cargo Area 51 R Spot Lamp-Driver Only (LED Bulb) 92G Glass-Solar Tint 2nd & 3rd Row 21 B Rear View Camera 53M SYNC Basic-Voice Activated Communication System 61 S Remappable (4) switches On Steering Wheel with Voice 18W Rear Window Power Delete 59E Keyed Alike -1435x 90E Ballistic Door Panels -Driver & Passenger Front Doors 55B BUS-Blind Spot Monitoring with Cross Traffic Alert 76R Reverse Sensing 60R Noise Suppression Bonds Total Price of Factory Options: Delete Factory Option(s) 810D All of Complete #810 Package Total Price of Vehicle Only with Selected Factory Options: $29 ,951 .00 $ 20.00 $ 50.00 $ 395 .00 $ 120.00 $ 245 .00 $ 295 .00 $ 155.00 $ 25 .00 $ 50.00 $ 3,170 .00 $ 490 .00 $ 275 .00 $ 100.00 $ 5,390.00 <$4,428.00> $30,913.00 CITY OF WHEAT RIDGE Specifications for one (1) Police Department -Small, Front Wheel Drive Hybrid (Gas/Electric) Sedan (Replacement for Unit #18) January 6 , 2014 BASED ON 2014 STATE OF COLORADO PRICE AGREEMENT #070000YYY84M Base vehicle as bid: 2014 Ford Fusion Hybrid (Gas/Electric) Sedan : $23 ,285 .00 Standard Specifications Body Code : AH Exterior Color: Sunset Metallic Interior: Standard , Matching Cloth Fuel Type : Unleaded Gasoline Factory Options None Total Price of Vehicle Only with Selected Factory Options: $23,285.00 CITY OF WHEAT RIDGE Specifications for One (1) Community Development Dept. Large , Light Duty , 4x4 , Extended Cab Pickup (New Addition) January 6 , 2014 BASED ON 2014 STATE OF COLORADO PRICE AGREEMENT #07000YYY81 M Base vehicle as bid : 2014 Ford F-150 XL, 3.6L , 1/2 Ton , Extended Cab , 4x4 , Pickup : $19 ,069 .00 Standard Specifications Body Code : F2 Exterior Color : Oxford White Interior: CS , Matching Cloth Fuel Type : Unleaded Gasoline Factory Option Additions 099 Extended Cab , Short Bed (6.5 feet) 420 Bed liner-Full Molded+ Tailgate 423 Tool Box-Across Bed, Gull Wing Total Price of Factory Options: Total Price of Vehicle Only with Selected Factory Options: $2,438 .00 $ 285 .00 $ 415 .00 $ 3,138.00 $22,207.00 CITY OF WHEAT RIDGE Specifications for one (1) Parks & Recreation Dept. -Large, Light Duty, 4x4 , Crew Cab Pickup (New Addition) January 6, 2014 BASED ON 2014 STATE OF COLORADO PRICE AGREEMENT #07000YYY81 M Base vehicle as bid: 2014 Ford F-150 XL, 3.6L, 1/2 Ton, Crew Cab, 4x4, Pickup: $19,069.00 Standard Specifications Body Code: F2 Exterior Color: Oxford White Interior: CS, Matching Cloth Fuel Type: Unleaded Gasoline Factory Option Additions 097 Crew Cab, with 5-1/2' Foot Box 420 Bedliner-Full Molded+ Tailgate 423 Tool Box-Across Bed, Gull Wing 429 Trailer Brake Control-Electric 430 PCKG: Towing RCVR Hitch 443 PKG: Strobe Light Total Price of Factory Options: Total Price of Vehicle Only with Selected Factory Options: $6,064.00 $ 285.00 $ 415 .00 $ 211 .00 $ 355 .00 $ 255.00 $ 7,585.00 $26,654.00 CITY OF WHEAT RIDGE Specifications for one (1) Parks & Recreation Dept. -Large , Heavy Duty , 4x4 , Extended Cab Pickup (Replacement For Unit #318) January 6 , 2014 BASED ON 2014 STATE OF COLORADO PRICE AGREEMENT #07000YYY89M Base vehicle as bid : 2014 Ford F-250 XL , 3 .6L , 3/4 Ton , Extended Cab , 4x4 , Pickup : $21 ,129.00 Standard Specifications Body Code : F2 Exterior Color: Oxford White Interior: CS , Matching Cloth Fuel Type: Unleaded Gasoline 430 PCKG : Towing RCVR Hitch Factory Option Additions 099 Extended Cab , Short Bed (6.5 feet) 420 Bed liner-Full Molded+ Tailgate 423 Too l Box-Across Bed , Gull Wing 429 Trailer Brake Control-Electric B75 Boss Steel Plow Package 7 .5 ' with Smart Hitch 443 PKG : Strobe Light Total Price of Factory Options: Total Price of Vehicle Only with Selected Factory Options: $2 ,130.00 $ 350 .00 $ 425 .00 $ 229 .00 $ 5,015 .00 $ 506.00 $8,655.00 $29,784.00 CITY OF WHEAT RIDGE Specifications for one (1) Parks & Recreation Dept. -Large , Heavy Duty , 4x4, Extended Cab Pickup (New Addition) January 6 , 2014 BASED ON 2014 STATE OF COLORADO PRICE AGREEMENT #07000YYY89M Base vehicle as bid: 2014 Ford F-250 XL , 3.6L , 3/4 Ton, Extended Cab, 4x4 , Pickup: $21,129.00 Standard Specifications Body Code : F2 Exterior Color: Oxford White Interior: CS , Matching Cloth Fuel Type : Unleaded Gasoline 430 PCKG : Towing RCVR Hitch Factory Option Additions 099 Extended Cab , Short Bed (6 .5 feet) 420 Bed liner-Full Molded+ Tailgate 423 Tool Box-Across Bed , Gull Wing 429 Trailer Brake Control-Electric B75 Boss Steel Plow Package 7 .5' with Smart Hitch 443 PKG : Strobe Light Total Price of Factory Options: Total Price of Vehicle Only with Selected Factory Options: $2,130.00 $ 350 .00 $ 425.00 $ 229 .00 $ 5,015 .00 $ 506 .00 $8,655.00 $29,784.00 CITY OF WHEAT RIDGE Specifications for one (1) Parks & Recreation Dept. -Large , Heavy Duty, 4x4 Cab & Chassis (Replacement for Unit #332) January 6 , 2014 BASED ON 2014 STATE OF COLORADO PRICE AGREEMENT #07000YYY89M Base vehicle as bid : 2014 Ford F-350 XL , 4x4 Cab & Chassis : Standard Specifications Body Code : T1 Exterior Color: Z1 , Oxford White Interior: Matching, cloth Fuel Type: Unleaded Gasoline Factory Options $23 ,749.00 429 Trailer Brake Control-Electric $ 230 .00 430 Package :CL V Towing/RCVR Hitch (includes wiring harness)$ 608 .00 443 Package: Roof Strobe $ 478 .00 470 Package : Hydraulic Liftgate $ 2,568.00 481 Package : 9-Foot Dump Bed Body $ 7,911 .00 Total Price of Factory Options: $ 11,795.00 Total Price of Vehicle Only with Selected Factory Options: $35,544.00