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HomeMy WebLinkAboutVirtual City Council Meeting Agenda 12-14-20AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO December 14, 2020 7:00 p.m. This meeting will be conducted as a VIRTUAL MEETING. No members of the Council or City staff will be physically present at the Municipal building for this meeting. The public may participate in these ways: 1. Provide comment in advance at www.wheatridgespeaks.org (comment by noon on December 14, 2020) 2. Virtually attend and participate in the meeting through a device or phone: • Click here to join and provide public comment • Or call +1-669-900-6833 with Access Code: 974 3267 9908 3. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube Live at https://www.ci.wheatridge.co.us/view 4. Individuals who, due to technology limitations, are unable to participate in the meeting virtually (via the Zoom platform) or by calling in on the telephone may contact Danitza Sosa, Assistant to the Mayor and City Council, at 303-235-2977 by noon on the day of the meeting. Arrangements will be made for those individuals to access City Hall during the meeting to view the meeting and provide public comment if desired. These comments will be heard and seen in real time by members of Council and City staff. Individuals accessing City Hall must practice social distancing, wear a mask or other facial covering and be free of COVID-19 symptoms. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Contact the Public Information Officer at 303-235-2877 or wrpio@ci.wheatridge.co.us with as much notice as possible if you are interested in participating in a meeting and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS PROCLAMATIONS AND CEREMONIES APPROVAL OF MINUTES Study Session Notes of November 2, 2020; City Council minutes of November 9, 2020; Study Session Notes of November 16, 2020 and Special City Council meeting minutes of November 23, 2020 CITY COUNCIL AGENDA: December 14, 2020 Page -2- APPROVAL OF AGENDA CITIZENS’ RIGHT TO SPEAK a. Citizens may speak on any matter not on the Agenda for a maximum of 3 minutes under Citizens Right to Speak. Please speak up to be heard when directed by the Mayor. b. Citizens who wish to speak on a Public Hearing item or Decision, Resolution or Motion may speak when directed by the Mayor at the conclusion of the staff report for that specific agenda item. c. Citizens may comment on any agenda item in writing by noon on the day of the meeting at www.WheatRidgeSpeaks.org. Comments made on Wheat Ridge Speaks are considered part of the public record. 1. CONSENT AGENDA a. Resolution 59-2020 - a resolution amending the fiscal year 2020 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $35,000 for City Attorney legal services b. Resolution No. 57-2020 - a resolution amending the fiscal year 2020 Equipment Replacement Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $100,000 for the purpose of purchasing teleworking equipment c. Motion to award a contract and approve payment of $78,151 to Meridiam Partners, LLC of Denver, CO, for the Bayou Ditch Pipe and Headgate Replacement Project and approve a contingency in the amount of $21,849 d. Resolution No. 58-2020 - a resolution accepting a grant award in the amount of $25,000 for an outdoor fitness court as part of the 2021 National Fitness Campaign PUBLIC HEARINGS AND ORDINANCES ON SECOND READING ORDINANCES ON FIRST READING 2. Council Bill No. 22-2020 - an ordinance approving the rezoning of property located at 4990 Parfet Street from Planned Commercial Development (PCD) to Planned Industrial Development (PID) with approval of an Outline Development Plan 3. Council Bill No. 21-2020 - an ordinance approving an Outline Development Plan (ODP) Amendment to change the sign standards on property zoned Planned Commercial Development (PCD) and located at 7760 W. 38th Avenue 4. Council Bill No. 23-2020 - an ordinance repealing and reenacting Section 26-609 of the Wheat Ridge Code of Laws concerning access to public streets and making conforming amendments CITY COUNCIL AGENDA: December 14, 2020 Page -3- 5. Council Bill No. 24-2020 - an ordinance repealing and reenacting Section 7-6 of the Wheat Ridge Code of Laws, concerning creation of a process for addressing complaints alleging campaign finance violations in City elections 6. Council Bill No. 25-2020 - an ordinance adopting section 16-47 of the Wheat Ridge code of laws concerning unlawful removal or defacing of notices on public property and establishing penalties for violation of the same 7. Council Bill No. 26-2020 - an ordinance repealing, retitling and reenacting section 16-46 of the Wheat Ridge Code of Laws concerning trespass and establishing penalties for violation of the same 8. Council Bill No. 27-2020 - an ordinance adopting section 16-70 of the Wheat Ridge Code of Laws concerning pedestrian use of Roadway Center Medians, and in connection therewith amending section 16-113, sales and solicitation in certain places prohibited 9. Council Bill No. 28-2020 - an ordinance adopting section 16-69 of the Wheat Ridge Code of Laws concerning pedestrian hindering the flow of traffic DECISIONS, RESOLUTIONS AND MOTIONS 10. Motion to amend the contract for Engineering Consulting Services for Phase II of the Wadsworth Boulevard Improvement Project with HDR Engineering, Inc., Denver, CO, for additional design fees in the amount of $220,382.34 for a total project cost of $2,804,633.32 11. Motion to amend the contract for Right-of-Way Acquisition Services for the Wadsworth Boulevard Improvement Project with HDR Engineering, Inc., Denver, CO, to incorporate additional fees in the amount of $236,107.28 for a total project cost of $1,653,102.28 and authorize staff to increase the amount of the contract by $30,000 for each additional eminent domain proceeding 12. Resolution No. 60-2020 – a resolution concerning the acquisition and acceptance of eight properties on Wadsworth Boulevard for the purpose of constructing, installing, maintaining, and using public improvements for improving Wadsworth Boulevard 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 CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ADJOURNMENT 1 STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO Virtual Meeting November 2, 2020 Mayor Bud Starker called the Study Session to order at 6:30 p.m. This meeting was conducted as a VIRTUAL MEETING. No members of the Council or City staff were physically present at the Municipal building for this meeting; the public did not attend in person. Mayor Starker welcomed the Council, other elected officials, staff and interested citizens. The Mayor also explained the virtual meeting format, how citizens will have the opportunity to be heard, and the procedures and policies to be followed. Council members present: Amanda Weaver, Judy Hutchinson, Zach Urban, Rachel Hultin, Korey Stites, Janeece Hoppe, Leah Dozeman. Councilmember Valerie Nosler Beck had to excuse herself. Also present: City Attorney Jerry Dahl; City Clerk, Steve Kirkpatrick; City Manager Patrick Goff; Director of Administration Allison Scheck; Chief of Police Chris Murtha; Planning Director, Lauren Mikulak, Community Development Director Ken Johnstone, Scott Cutler, Senior Planner; Steven Chyung and Grant Wicklund of SCL Lutheran Medical Center, other guests and interested citizens. Citizen Comment on Agenda Items – Terry Whittaker, 6630 36th Ave. Called to speak to the number of short term rentals (STR) trusts, estates and partnerships operate may operate. He also asked about a number of other details addressed in the narrative at previous meetings or in the packet for tonight, including STR licensing, sanctions for violations, business tax collection, et al. Christine Jessup, 6730 W. 30th Ave., I think rezoning hearings would be required for each B&B that is zoned R-1, -2 or -3. If you are going to operate rental properties as businesses, then the site needs to be rezoned. I would like to see all B&B stopped. They are illegal and should not be allowed. If you live near one you would also want to stop this. We have seen drug dealers set-up for a day or two then disappear. Others have been converted to massage parlors. You people are too chicken to tell them to shut down. Note about Wheat Ridge Speaks: Citizens may visit the Wheat Ridge Speaks website and enter written comments of up to 1,000 words on any Council agenda item. The deadline for citizens to 2 submit comments is 12:00 Noon Mountain Time on the day of a Council session so that Council members, other elected officials and City Staff have time to review the comments before the meeting on Monday evening. The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into these minutes, placing each comment along with the record for that agenda item, including items that include a public hearing (verbatim, if the comments do not contain lascivious language or unlawful hate speech). The following comments appeared in Wheat Ridge Speaks relating to item 1, below. We have property near 44th and Kipling. With the development of the existing SCL/Lutheran Hospital, this could be a once in a century opportunity to create a large “city park,” a large playground, a biking area for kids and teens, and open space with walking and bike trails in the heart of the city. Additionally, some low-density housing would be good for the community. With the many new higher density condos/apartments on or near Wadsworth, all of these new residents will need areas to play. Crown Hill is crowded. At times, it is difficult to walk on the path with all of the bikes. A true hardship for individuals using canes, walkers, or wheelchairs. The last thing we need are more half-rented apartment complexes and half empty strip malls. As elected representatives, please plan for 100 years from now. Additionally, don’t change surrounding streets. This plan needs to be an improvement to the lives of the current residents. And, which will also enhance the lives of future residents. Thank you. 11/02/2020 11:03 am Marilyn Tuck Urban Street Arvada, 80004 I live at 32nd and Cody Ct. and I would like to see the current master plan for the Lutheran Campus and a description of the proposed changes to that plan. I would like to know if any zoning changes are proposed, and how this will impact my neighborhood and the traffic through it. Ken Flees 11/2/20 11/02/2020 10:38 am Kenneth P Flees 3210 Cody Ct. Wheat Ridge, 80033 I live on 32nd and Balsam. I would like additional green space to be included in an equal proportion to development on Lutherans site. I would like Balsam to remain a dead-end street so that my kids have a least one non-busy street. To play on. I would like a mix-use low density development with an equal amount of green space to go in. 11/02/2020 10:35 am 3 Byron Tuck 3200, Balsam St. Wheat Ridge, 80033 I also live at 32nd & Balsam St. and would like to preserve the retention pond on the south side of the West Pines facility as well as keep Balsam Street a DEAD-END street. It would also be nice to have a new open space for us to play with our kids since the park at Crown Hill has seen a major increase of traffic. Thank you, Erika Bryant 11/02/2020 9:57 am Erika Bryant 3200 Balsam St Wheat Ridge, 80033 I live at 32nd & Balsam Street. I ask that the Master Plan for the hospital area preserve the retention pond on the south side of the West Pines facility and keep Balsam Street as a DEAD END street. Crown Hill Park is becoming extremely crowded, and a new park/open space for the area will be necessary. The West Pines open area (where the pond is) would be a welcome aspect to the Master Plan. Thank you, Lisa Wilson 11/02/2020 9:46 am Lisa Wilson 3231 Balsam St. Wheat Ridge, 80033 End of comments entered in Wheat Ridge Speaks. 1. Master plan for existing SCL/Lutheran Hospital campus Discussion began at 6:37 pm, approximately 0:0 minutes into the recording of the session. Mr. Johnstone introduced Ms. Mikulak, who spoke on this item as the purpose of this study session is to provide Council with an update on SCL Health’s plans for the existing Lutheran Medical Center campus and to seek consensus on a master planning effort for the campus. Some of the items addressed: • Existing Conditions SCL Health currently owns and operates the Lutheran Medical Center (LMC) at 8300 W. 38th Avenue. The campus is 100 acres in size extending between W. 32nd Avenue and W. 38th Avenue, and between Allison and Dudley. While there are no public rights- of-way within the property, this area is roughly equivalent to the size of 12 city blocks. • SCL Health Plans for the Future 4 In 2018, SCL Health (SCLH) purchased a 26-acre parcel to anchor the Clear Creek Crossing development west of I-70 at 40th Avenue. Currently called the “West Campus,” the site will include a 6-story hospital and separate medical office buildings. Services will be similar to those provided currently on the Lutheran campus. • Proposed Master Plan The zoning on the Lutheran campus exclusively allows medical uses, and the City’s comprehensive plan shows the campus only as a public or hospital use. In order for any development to occur or any repurposing of existing buildings, a zone change will be necessary. In order for a zone change to be supported by staff and decision makers, it needs to be supported by the comprehensive plan. Staff has discussed the importance of a master planning effort with SCLH, and the importance of completing a plan before SCLH moves too far forward in engaging the development community. To that end, staff is proposing the following arrangement for completion of a master plan: • City staff will serve as the project manager. • SCLH will fund the planning effort (estimated to be $120,000-$150,000). • Staff and SCLH will jointly select a planning consultant to lead the effort using the City’s procurement process. • A planning consultant will lead an 8-month process including robust public and stakeholder engagement and plan development. • A master plan will need to be rooted in reality; responsive to stakeholder feedback; and supported by analysis of traffic, utilities, and the market. • The master plan will need to be reviewed and adopted by the Planning Commission and City Council as an amendment to the comprehensive plan to provide the basis for future development approvals. The resulting master plan is intended to be community-backed and vision-based to further goals rooted around the following elements: • zoning and land use • transportation and connectivity • utilities and infrastructure • economic conditions Councilmembers had questions and comments: Who will fund the planning study? Councilmembers appreciate the proactive planning that has begun and are looking forward to seeing the outputs from the planning process. Will a neighborhood involvement process include nearby residents? The more public the process can be, the better. Councilmembers noted that residents are very curious and asking to get involved in the planning process because it will impact their quality of life and property values directly. 5 What outreach radius will we use to involve residents and neighborhoods? Ms. Mikulak provided the background and the discussions of residents’ involvement to date. Council prefers that the communication radius and involvement of residents is inclusive and more widespread than constrained. What will be the scope of changes contemplated by the new master plan? If there is no residential development planned, then what kinds of businesses will be attract? What will happen to West Pines Rehab Center? Council are concerned that residents should be involved early and completely because of the extensive impact this project will have on the City for decades to come. If West Pines closes, what will SCL’s commitment to mental health look like going forward? Ms. Mikulak explained that the master plan must consider an array of issues and desires, based on careful study and interactions/involvement of residents, special districts, utilities, traffic impact, etc. Mr. Chyung addressed these issues to the extent possible at this early stage of the planning and then development processes. Councilmember asked for a consensus to instruct staff to move forward with the master plan process. Consensus attained. 2. Short-term rental ordinance Discussion began at 7:02 pm, approximately 0:32 minutes into the recording of the session. Mr. Goff gave an update to council where in October 2019, City Council gave specific policy direction and made a consensus for staff to begin drafting a short-term rental (STR) ordinance. Staff developed a term sheet summarizing the provisions that could constitute an ordinance allowing short-term rentals. Mr. Goff gave a detailed explanation of the proposed regulations based on City Council’s April 2020 consensus as well as staff discussions, stakeholder outreach, continued research on other STR ordinances, and contacts with third-party STR regulators. The proposed framework includes direct input from the Planning Division, Building Division, Administrative Services, Police Department, and City Attorney. In some instances, staff is recommending minor changes to Council’s direction based on input from the City Attorney. Councilmembers had questions and comments: Councilmembers asked a number of questions about the impact of the proposed ordinances on business owners and homeowners, as well as the provisions drafted into 6 the proposed ordinance changes and additions to Chapters 11 and 26 of the Wheat Ridge Code of Laws. Councilmember Hoppe asked for a consensus for council to direct staff to bring to Council ordinances with respect to the proposed actions and addressing the concerns presented tonight by Councilmembers: • Add a certificate of insurance is required for an STR license. • We will not pursue retroactive lodgers’ taxes for currently operating STR as long as they obtain proper licensure within a specified timeframe (six months) after the effective date of the proposed new ordinance. • Add to the regulations that non-compliance (failure to come into compliance with the new STR ordinance within 6 months) means that you cannot obtain an STR license for one year. • The STR owner must notify neighbors within 100 feet of their property that they are operating an STR and emergency contact information (including a phone number) and STR must certify that they have given proper notice to neighbors. • Inside the rental property the STR owner must post prominently information for the renter on who to contact in case of an emergency. • Staff will work concurrently on the new STR ordinances and the RFP process for third party vendors. • After the initial grace period for licensing of STR, institute a cap of 2% per District based of single-family dwellings (including duplexes) for non-owner occupied STR. • Councilmember Hultin asked that the consensus also state that there will be no required minimum number of nights’ stay in an STR. The above consensus keeps the previous consensus in place that specifies any one owner may license one owner-occupied property and one non-owner occupied property within the City. Consensus attained. 3. Staff Report(s) Discussion began at 8:45 pm, approximately 2:15 hours into the recording of the session. Mr. Goff reported that the staff is working on public information and education efforts to encourage residents to comply with the County’s restrictions under the public health orders in effect and potentially forthcoming soon. 4. Elected Officials’ Report(s) Councilmember Urban commented that too many citizens have a lack of concern and malaise about understanding and complying with the public health orders. Nonetheless we need to pursue all feasible efforts to communicate how important compliance is for the community as a whole. 7 Councilmember Hultin attended sessions with neighbors this past weekend in Bel Air and East Wheat Ridge and is very impressed with the staff’s efforts to participate and listen to the citizens. Mayor Starker thanked tonight’s guests and staff for their preparation and participation. He also reminded all to wear a mask, watch social distancing and wash our hands. ADJOURNMENT The Study Session adjourned at 8:54 pm. APPROVED BY CITY COUNCIL ON November 9, 2020. Steve Kirkpatrick, City Clerk Janeece Hoppe, Mayor Pro Tem City Council Meeting Minutes CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING November 9, 2020 Note: This meeting was held virtually, using Zoom video-teleconferencing technology. As duly announced and publicly noticed, Council previously approved this format in order to continue with normal business and respond to the CoVid-19 Pandemic and the related public emergency orders promulgated by the President of the United States, the Governor of Colorado, and the Wheat Ridge City Council. Before calling the meeting to order, Mayor Starker stated the rules and procedures necessitated by this meeting format. Mayor Starker called the Regular City Council Meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ROLL CALL OF MEMBERS Janeece Hoppe Judy Hutchinson Zachary Urban Rachel Hultin Amanda Weaver Korey Stites Leah Dozeman Valerie Nosler Beck Also present: City Clerk, Steve Kirkpatrick; City Attorney, Gerald Dahl; City Manager, Patrick Goff; City Treasurer, Chris Miller; Administrative Services Director, Allison Scheck; Community Development Director Ken Johnstone; Patrick Berrend, architect for the proposed PMUD (item 2) and several Wheat Ridge 101 graduates: Lisa Rucker, Al Gallo, Betty Jo , Nancy Dragani, Pat ----, Melody Mascarenes other staff, guests and interested citizens. PROCLAMATIONS AND CEREMONIES Mayor Starker read three proclamations. Wheat Ridge 101 Graduate Recognition The City recognized the citizens who have completed the course, which addresses the City’s operations, structures and strategies for serving the people of our City. Small Business Saturday Proclamation Each year since 2010 the nation has recognized the need to patronize local, small businesses. Billions are spent each year on the designated day, which is the Saturday following Thanksgiving (and the day following “Black Friday”). The Mayor read a proclamation declaring Small Business Saturday in Wheat Ridge on November 28, 2020. Veterans Day Recognition City Council Minutes November 9, 2020 page 2 Mayor Starker recognized Bill Peterson, a veteran of World War II. He was a gunner on a Flying Fortress with the US Army Air Corps unit known as the Flying Tigers. The mayor read a proclamation recognizing Mr. Peterson as an example of the brave men and women who have fearlessly and faithfully served our country, defending our way of life. The Mayor declared November 11 as Veteran’s Day in Wheat Ridge. APPROVAL OF MINUTES Without objection the Study Session Notes of October 19, 2020, City Council Minutes of October 26, 2020 and Special Study Session Notes of October 26, 2020 were approved as published. APPROVAL OF AGENDA Without objection or correction, the agenda stood as announced. CITIZENS’ RIGHT TO SPEAK This item began at 7:13 PM. Guy Nahmaich, 3650 Ward Road – called to thank everyone for their support for the Gazette as it restarts publication. In 10 days the next issue will circulate. If you have a letter to the editor please, send it along. Note about Wheat Ridge Speaks: Citizens may visit the Wheat Ridge Speaks website and enter written comments of up to 1,000 words on any Council agenda item. The deadline for citizens to submit comments is 12:00 Noon Mountain Time on the day of a Council session so that Council members, other elected officials and City Staff have time to review the comments before the meeting on Monday evening. The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into these minutes, placing each comment along with the record for that agenda item, including items that include a public hearing (verbatim, so long as the comments do not contain lascivious language or unlawful hate speech). No comments appeared in Wheat Ridge Speaks for this Council session. 1. CONSENT AGENDA Discussion began at approximately 7:20 PM Councilmember Stites introduced the consent agenda a. Motion to approve monthly payments to Kaiser Permanente for January through December 2021 membership billing not to exceed a total amount of $2,600,000 b. Motion to award a contract to Seven Point Construction, of Centennial Colorado, in the amount of $329,255 for safety and other improvements to City Hall and City Council Minutes November 9, 2020 page 3 approve a 5% contingency in the amount of $16,463 for unforeseen project expenses c. Motion to adopt the 2021 City Council Meeting Calendar d. Motion to cancel the November 23, 2020 and December 28, 2020 Regular business meetings of the Wheat Ridge City Council due to the Thanksgiving and Christmas holidays. e. Resolution No. 56-2020 - a resolution approving an amendment to the intergovernmental agreement with Jefferson County for CARES Act local government distributions Motion by Councilmember Stites to approve Consent Agenda Items a.), b.), c.), d.), and e.) Seconded by Councilmember Urban; motion carried 8-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Discussion began at approximately 7:29 PM 2. Council Bill No.19-2020 – An Ordinance approving the rezoning of property located at the southeast corner of W. I-70 Frontage Road North and Ward Road from Agricultural-Two (A-2) to Planned Mixed Use Development (PMUD) with an Outline Development Plan (ODP) Councilmember Dozeman introduced Council Bill No.19-2020 The applicant is requesting approval of a zone change from Agricultural-Two (A-2) to Planned Mixed Use Development (PMUD) with an Outline Development Plan for property located at the southeast corner of W. I-70 Frontage Road North and Ward Road. The zone change will allow for a variety of commercial, residential, and recreational uses on the property. Mayor Starker opened the public hearing. The City Clerk Steve Kirkpatrick assigned Ordinance No. 1699 Staff Presentation by Lauren Mikulak, Director of Planning and Scott Cutler, Planner II with the City of Wheat Ridge: The Planning staff gave a detailed presentation and incorporated into the public record the files related to this case, including but not limited to the proceedings of the Planning Commission, public comments and their presentation to Council. Public Comment Guy Nahmaich, 3650 Ward Road. Called to ask if anyone knows how many different species of birds and fishes live in the subject area. He wondered if any of the studies done for this development included an impact study on the fauna. City Council Minutes November 9, 2020 page 4 Elizabeth Smith, 4255 Parfet St. Called to support Guy’s concerns about the impact of the project on the birds, animals and fishes living in that habitat. She is concerned that we are losing our attractive wild spaces as the City grows. Council Questions and comments Councilmember Hoppe noted that staff who testified were appropriately sworn to tell the truth. Councilmembers asked a number of questions about the habitat for animals, especially birds and fishes. They asked about any state or county agencies that have regulations concerning the environmental impacts. Staff responded that no agency has expressed concerns because, among other provisions, the project must preserve the pond. Councilmembers asked whether any agencies need to approve the plan, beside the agencies who have already reviewed and commented. Mr. Berrend testified as to details on the future of the pond and the wildlife living on and near the site. Mr. Cutler also answered Council’s questions with details and specifics. For instance, trees other than nuisance species, will be preserved. Council asked about which specific species are considered nuisances, and Mr. Berrend provided a detailed answer; most are invasive species. Mr. Cutler explained that the trail described in the Plan will be open to the public, however the pond will not be open to the public for boating or fishing. Councilmember Hoppe asked for the specific language that Mr. Dahl recommends adding to the motion to approve, with respect to an easement yet to be settled. Mr. Cutler stated the condition: No building permit or grading and drainage permit may be issued until the defect in access in Tract A is resolved to the satisfaction of the City Attorney. Mayor Starker asked several detailed questions about water rights, the plans for commercial and residential buildings on the East side of the plot, and similar specifics. Mr. Berrend responded with details. Councilmember Hultin asked at what point in the process Council will have information on what will happen to the trees currently located on the site. Mr. Cutler responded that landscaping and grading plans must, and will, address that and other questions, and Council will approve the final plan. Councilmember Hultin asked about requirements to preserve as many non-invasive species as possible. Mr. Cutler replied that the current plan does require attention to preserving trees and the tree canopy. Mayor Starker closed the public hearing. Motion by Councilmember Dozeman to approve Council Bill No.19-2020 – an ordinance approving the rezoning of property located at the southeast corner of W. I-70 Frontage Road North and Ward Road from Agricultural-Two (A-2) to Planned Mixed City Council Minutes November 9, 2020 page 5 Use Development (PMUD) with an Outline Development Plan (ODP), on second reading and that it takes effect 15 days after final publication, for the following reasons: 1. The Planning Commission has recommended approval of the rezoning after conducting a proper public hearing. 2. The proposed rezoning has been reviewed by the Community Development Department, which has forwarded its recommendation of approval. 3. The proposed rezoning has been found to comply with the criteria for review in Section 26-303 of the Code of Laws. 4. (Added during the Council meeting) No building permit or grading and drainage permit may be granted until resolution of the claimed defect in access across Tract A is resolved to the satisfaction of the City Attorney. Seconded by Councilmember Urban, motion carried 8-0. 3. Council Bill 20-2020 - An ordinance repealing ordinance 1691, Series 2020, an ordinance approving the rezoning of property located at 9800 W. 38th Avenue Councilmember Weaver introduced Council Bill No. 20-2020 A referendum petition has been found to be sufficient with respect to Ordinance 1691, Series 2020, which rezoned property at 9800 W. 38th Avenue. Under Section 6.2(b) of the Charter, the Council is required to either repeal the ordinance or refer the same to the voters. This ordinance repeals Ordinance 1691. Mayor Starker opened the public hearing. The Mayor reviewed the procedures. No citizens appeared in chambers to address this issue. There were none who wanted to speak through the Zoom format or by telephone. City Clerk Steve Kirkpatrick assigned Ordinance No.1700. City Attorney Gerald Dahl reviewed the council bill with members where Ordinance 1691 rezoned certain real property at 9800 West 38th Avenue from R-1 to PRD, with an ODP permitting four single family homes and three duplexes. The Ordinance was adopted on July 13, 2020. A referendum petition was timely filed on August 27, 2020. The City Clerk certified the petition as sufficient, following amendment as permitted by the Charter. Under the Charter, a sufficient referendum petition requires the Council to either repeal the subject ordinance or refer it to the voters of the city “at the next regular municipal election, or at a special election called therefor.” Council has chosen to repeal the ordinance, and this Ordinance doing so was adopted on first reading on October 26, 2020. City Council Minutes November 9, 2020 page 6 Public Comment Rolly Sorrentino, 4175 Teller St. Called to state that he would prefer to speak in person to Council at City Hall. When he listens to the Council’s meetings Council thanks those who come to meetings to speak. I am here tonight to ask if you can give thanks to the over 2,500 citizens who stepped up to help you do your job on this item. You should consider giving those folks a thank you as well. Council Questions and comments Councilmember Stites asked for a review of the petition process, which Mr. Dahl and City Clerk Kirkpatrick provided. He asked further whether petition circulators are bound by law to tell the truth about the nature of the issue addressed by the petition, and Mr. Dahl answered that since it is a political and legislative process there is no such requirement under the First Amendment. In a similar vein, Councilmember Urban asked whether these petitioners have to comply with campaign finance laws. Mr. Dahl replied that until the petition becomes a ballot measure there is no campaign so there is no campaign finance to oversee. Mr. Dahl continued to explain that Home Rule Cities are empowered to make their own regulations on procedures for conducting referendum petition signature collections and conduct of referendum elections. Councilmember Hutchinson commented that on all petitions there is an introduction section within the petition form. So, signers have the onus to review the language before they sign the petition. Mayor Starker closed the public hearing. Motion by Councilmember Weaver to approve Council Bill No. 20-2020 – an ordinance repealing ordinance 1691, Series 2020, an ordinance approving the rezoning of property located at 9800 W. 38th Avenue, on second reading and that it take effect immediately, seconded by Councilmember Urban, motion carried 8-0. During discussion of the motion, Councilmember Hultin responded to Mr. Sorrentino by saying we should thank the Hardi’s for their sensitivity to the City budget by asking for this Ordinance to repeal. ORDINANCES ON FIRST READING None were on the agenda tonight. DECISIONS, RESOLUTIONS AND MOTIONS Discussion began at approximately 8:35 PM 4. Motion to Elect Mayor Pro Tem City Council Minutes November 9, 2020 page 7 Each year, City Council Members elect by a majority vote a Mayor Pro Tem who serves until their successor is elected. The election is conducted according to Section III (B) of the City Council Rules of Order and Procedure as follows: B. MAYOR PRO TEM 1. At the first or second Regular meeting in November of each year, the Council shall elect a Mayor Pro Tem who shall serve until their successor is elected. The procedure shall be as follows: a) The Chair will announce that the floor is open for nominations for the position of Mayor Pro Tem. b) Nominations will be taken from City Council members by voice. No second is needed. c) Each nominee will have the opportunity to address the Council. d) A motion and second is then in order to elect one of the nominees to the position of Mayor Pro Tem. If the motion is not carried, additional motions are in order until a Mayor Pro Tem is elected by a majority of Council present. Mayor Starker introduced item 4, reviewed the procedures and asked for nominations. Councilmember Stites nominated Councilmember Hoppe. Councilmember Hutchinson nominated Councilmember Urban, who declined the nomination. There were no other nominations, so Mayor Starker closed the nomination process. Councilmember Hoppe gave a brief statement expressing her desire to continue as Mayor Pro Tem, and explained why she likes the work. Public Comment No one came forward to speak. Motion by Councilmember Stites to elect Councilmember Hoppe as Mayor Pro Tem, effective immediately, term to expire upon election of a successor, seconded by Councilmember Hultin; motion carried 8-0. CITY MANAGER’S MATTERS Mr. Goff commented on the means citizens have to speak at a Council Meeting, in detail. He explained that recently we have had overarching considerations due to the pandemic that have precluded in person sessions under public health orders. Virtual meetings therefore have become the best feasible means to conduct the City’s business and still ensure public access and the citizens’ rights to be heard. City Council Minutes November 9, 2020 page 8 He asked Council to consider an exemption from building permit and building use tax for non-profit organization. A specific case has brought this issue forward again. Will Council consider at a future Study Session an ordinance to exempt a specific class of property owner or lessee? Councilmember Hoppe recommended that Council reach a consensus to bring forward a measure addressing all non-profits. Councilmember Urban urged caution about exempting all non-profits as it would cost the City millions in revenue. Councilmember Dozeman expressed a desire to discuss the item with some attention to how we define the class or exempt non-profits from requirements that all others must fulfill. CITY ATTORNEY’S MATTERS Nothing tonight ELECTED OFFICIALS’ MATTERS Councilmember Nosler Beck asked for a report on the industrial noise abatement contemplated by the new Noise Ordinance; she is hearing from residents near the Rocky Mountain Bottling Plant (RMBP). Mr. Goff replied that the bottling plant is close to submitting a building permit application to make changes and reduce the noise level. The Councilmember also reported that the Norma Anderson School will not open for pre-school in 2021, and wanted all interested families to know of that plan. She also thanked Public Works for their effective and efficient snow removal efforts (as did other Councilmembers). Councilmember Dozeman urged the City officials and staff to keep the public living near the bottling plant informed of progress toward noise abatement at the RMBC facility in Wheat Ridge. Residents report an obtrusive level of noise continues in their homes. Councilmember Weaver, reporting in her role as an urban farmer and goatherd, thanked those living in District II for their warm welcome to her goat herd. Councilmember Stites asked that we take care of our neighbors especially the elderly during the snowstorm currently passing. And he once again honored the legacy of former Councilmember Mike Stites, his father, quoting him, “If you can find it in Wheat Ridge, buy it in Wheat Ridge.” Several other Councilmembers supported that sentiment, reminding the public that the tenth annual Small Business Saturday, the Saturday after Thanksgiving as is traditional, falls on November 28, 2020. Councilmember Hultin thanked the Jefferson County Clerk and Recorders office for their phenomenal work on the General Election; around or just below 90% of registered voters in Jefferson County voted in last week’s General Election. City Council Minutes November 9, 2020 page 9 She also asked for a future Study Session to address a wildlife and habitat management plan. Consensus achieved. Councilmember Urban asked that either Treasurer Miller or staff provide Council a breakdown of who pays property and use taxes, in terms of factors including profit vs. not-for-profit, organizational/business size (by metrics like annual revenue and numbers of employees) and the contribution of each of these categories to the City’s revenue stream from those taxes. Mr. Goff indicated that staff would analyze the data available and provide as much information for Council as it will yield. Councilmember Hutchinson thanked our Veterans for their service and emphasized the need to recognize their service and sacrifice. Councilmember Urban echoed those expressions of gratitude to our Veterans. Several Councilmembers thanked Mayor Pro Tem Hoppe for her service. Mayor Pro Tem Hoppe thanked her peers for their support in the past and for the honor of electing her again, and looks forward to continuing to serve in a role she enjoys. Mayor Starker congratulated Councilmember Hoppe and thanked her for doing what in his opinion is an excellent job in the role of Mayor Pro Tem. Councilmember Hoppe asked for a consensus to bring forward in a Study Session the question of finance regulations for petition circulators seeking a referendum. Consensus achieved. She also emphasized that saluting and honoring all veterans on Veterans Day every year is very important. The Mayor thanks all who attended and participated. Next Saturday at 9 AM Coffee with the Mayor will be held on Zoom. ADJOURNMENT The meeting adjourned at 8:55 pm. _____________________________ Steve Kirkpatrick, City Clerk APPROVED BY CITY COUNCIL ON ____________, 2020 ______________________________ Janeece Hoppe, Mayor Pro Tem 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 by contacting the City Clerk’s Office, as well as copies of Ordinances and Resolutions. 1 STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO Virtual Meeting November 16, 2020 Mayor Bud Starker called the Study Session to order at 6:30 p.m. This meeting was conducted as a VIRTUAL MEETING. No members of the Council or City staff were physically present at the Municipal building for this meeting; the public did not attend in person. Mayor Starker welcomed the Council, other elected officials, staff and interested citizens. The Mayor also explained the virtual meeting format, how citizens will have the opportunity to be heard, and the procedures and policies to be followed. Council members present: Amanda Weaver, Judy Hutchinson, Zach Urban, Rachel Hultin, Korey Stites, Janeece Hoppe, Leah Dozeman. Councilmember Valerie Nosler Beck had to excuse herself. Also present: City Attorney Jerry Dahl; City Clerk, Steve Kirkpatrick; City Manager Patrick Goff; Director of Administration Allison Scheck; Chief of Police Chris Murtha; Division Chief, Jim Lorenz; Assistant to the City Manager, Marianne Schilling; Ellen Stern, Jefferson County Public Health, other guests and interested citizens. Citizen Comment on Agenda Items – Lorrie Odom, MD, 11490 W. 38th Ave., Chair of Tobacco Free Jeffco Alliance and retired pediatrician. Called to address the first item on tonight’s agenda. She cited public health research data and statistics that indicate terrible detrimental health and mental health consequences of vaping, especially among adolescents and young adults, including addiction to nicotine and use of marijuana. Dr. Odom also discussed the impacts of nicotine on the human brain, which is still developing until as late as age 26. She also discussed the lung damage, cardiac and other long-term effects of vaping and smoking tobacco. She discussed not only the familiar e-cigarette products now familiar to us all but also newer products. She supports the ordinance under discussion tonight. Note about Wheat Ridge Speaks: Citizens may visit the Wheat Ridge Speaks website and enter written comments of up to 1,000 words on any Council agenda item. The deadline for citizens to submit comments is 12:00 Noon Mountain Time on the day of a Council session so that Council members, other elected officials and City Staff have time to review the comments before the meeting on Monday evening. 2 The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into these minutes, placing each comment along with the record for that agenda item, including items that include a public hearing (verbatim, if the comments do not contain lascivious language or unlawful hate speech). The following comments appeared in Wheat Ridge Speaks relating to item 1, below. Mayor Starker and City Council Members: I’m Lorrie Odom, MD, a Wheat Ridge resident for over 44 years, retired pediatrician, co-chair of the Tobacco Free Jeffco Alliance and Chair of Health, Wellness, and Safety for Jeffco PTA. Thank you for this opportunity to revisit an ordinance establishing local tobacco retail licensing in Wheat Ridge and increasing the age of tobacco sales to 21. The 2019 Healthy Kids Colorado Survey data show that more than one in four youth under 19 years of age in Jefferson County are currently vaping, and more than three in four saw ads for vape products in the prior 30 days. Several studies show that youth who use e-cigarettes are more likely to become lifelong smokers, with a recent study reporting that even adolescents who had no previous intention of smoking were four times more likely to begin using conventional cigarettes after vaping. Cigarette smoking remains the leading cause of preventable death in the United States. Nearly 95% of adult smokers started smoking before age 21. It’s known that brain development continues until at least age 25 and that the developing brain is particularly vulnerable to the detrimental effects of psychoactive drugs. In addition to the significantly increased risk of addiction, adolescent use of nicotine can lead to problems with attention, learning, and memory that can become long-term or even permanent, as well as an increased risk of addiction to other psychoactive substances. A 2019 study found that teens and young adults with a history of regular nicotine e-cigarette use were 3.5 times more likely to start using marijuana than their peers who never vaped. Studies also show that nicotine, toxins, carcinogens, and other components of e-cigarette aerosol can cause irreversible lung damage. Of great concern is recent data showing that smoking or vaping leads to an increased risk of severe illness with COVID-19. Research also shows that more tobacco retailers exist in areas with larger black, Hispanic, and low-income residents and more stores sell tobacco products to underage customers in these locations. In addition to the JUUL, an extremely popular and discreet vaping device, there is now an array of similar disposable devices flooding the market, such as the Puff Bar, that also come in a variety of flavors that are very appealing to youth. We recognize that efforts to prevent youth use of e-cigarettes must be approached comprehensively - with efforts by parents, guardians, trusted adults, education in our schools and community - and licensing of all tobacco retail establishments, allowing for enforcement of the measures you deem appropriate for Wheat Ridge. Again, thank you for your consideration of this ordinance that is so important for the youth of our thriving community as well as a consequential equity and social justice issue. References: https://www.colorado.gov/pacific/cdphe/healthy-kids-colorado-survey-data-tables-andreports https://pediatrics.aappublications.org/content/early/2020/11/05/peds.2020-002881 https://tobaccofreeca.com/e-cigarettes/the-effects-of-nicotine-on-the-adolescent-brain/ U.S. Surgeon General. Surgeon General’s Advisory on E-cigarette Use Among Youth. e-cigarettes. surgeongeneral.gov. 2018 https://jamanetwork.com/journals/jamapediatrics/article-abstract/2748383 https://drugfree.org/drug-and-alcohol-news/teens-who-vape-more-likely-to-start-usingmarijuana/ 3 https://med.stanford.edu/news/all-news/2020/08/vaping-linked-to-covid-19-risk-in-teensand- young-adults.html https://www.who.int/news-room/commentaries/detail/smoking-and-covid-19 https://truthinitiative.org/research-resources/targeted-communities/tobacco-social-justiceissue- racial-and-ethnic-minorities https://tobaccocontrol.bmj.com/content/early/2020/01/30/tobaccocontrol-2019-055485 https://www.npr.org/sections/health-shots/2020/02/17/805972087/teens-are-still-vapingflavors- thanks-to-new-disposable-vape-pens 11/16/2020 10:18 am Lorrie F. Odom, MD 11490 W. 38th Avenue Wheat Ridge, 80033 Thank you for your consideration of this ordinance. Requiring tobacco retail licensing is an effective policy to help eliminate a critical point of access to tobacco, reduce youth use, and prevent the potential of lifetime addiction. Unlike alcohol, or recreational marijuana, we don’t yet know who is selling tobacco in our city, which means we don’t know who is illegally selling these products to our kids and cannot consistently hold retailers accountable. Adopting tobacco retail licensure ensures a comprehensive list of all retailers in Wheat Ridge and a consistent set of practices among all businesses that choose and are privileged to sell tobacco products. Retailers that participate in a licensure process are less likely to have violations for selling to minors compared to businesses without a process. Amidst a respiratory disease pandemic and the tobacco industry’s continued targeting of marginalized groups, tobacco control and prevention are more important than ever. I urge you to include a licensing fee that will adequately pay for effective enforcement efforts, require new tobacco retailers to be at least 1000 feet from a school, establish stiff penalties for selling without a license. 11/13/2020 1:59 pm Lynnette Namba 2977 Reed St. Wheat Ridge, 80033 End of comments entered in Wheat Ridge Speaks. 1. Vaping/Tobacco Ordinance Update Discussion began at 6:36 pm, approximately 0:06 minutes into the recording of the session. Issue Tobacco and youth vaping continue to be on the rise in Wheat Ridge and Jefferson County. Based upon previous Council direction, staff presented options during a December 2019 study session to be considered for a youth vaping and tobacco ordinance. Staff received specific policy direction at that time, and in July 2020 the State passed House Bill 20-1001 (HB20-1001) which regulates the retail of cigarettes, tobacco and nicotine products in Colorado. Staff has returned with a proposed 4 regulation incorporating both previous Council direction and the requirements put forth by HB20-1001. Mr. Goff introduced Ms. Schilling who spoke on this item, along with a proposed regulation incorporating both previous Council direction and the requirements put forth by HB20-1001. Implementation Costs: JCPH and the Wheat Ridge Police Department have worked with the City to estimate the costs to initiate, administer and enforce a tobacco retailer license program. With an estimated 70-80 tobacco retailers in the City, the total administrative burden would be approximately $300 per retailer in the first year, and $250 ongoing. JCPH recommends that costs and fees are evaluated every 2-3 years for potential adjustments. Separation Requirements: Since last meeting in December 2019, the State, through the passage of HB20-1001, has set a 500-foot perimeter for tobacco retail establishments to be separated from schools with a grandfather clause included. Some communities in Colorado have set their local license to add other provisions related to “youth-oriented facilities” such as playgrounds and recreation centers. Penalties: HB20-1001 has set penalties for infractions related to tobacco retailers. Allocation of Fine Revenues: Due to TABOR restrictions, the City would not be able to utilize revenue related to tobacco retailer infractions for educational purposes related to tobacco use. However, some communities in Colorado have referred ballot measures to voters to assess a local tobacco tax in order to fund public health and tobacco prevention programming. For example, Carbondale passed a ballot initiative in April 2020 which delineated how funds will be spent on tobacco education and cessation programs. Additionally, Proposition EE was passed in the November 2020 Colorado General Election, and it will increase the tax on a pack of cigarettes from 84 cents to $2.64 by 2027. The money from the tax increases will be directed toward public education, universal preschool, and vaping cessation and education programs. Ms. Stern discussed the public health implications of vaping, how it leads to nicotine addiction (usually for many decades if not for life) and it contribution to youth marijuana consumption. PROPOSED REGULATIONS Key topics that proposed regulations would address include: • Registration • Regulations • Compliance and Enforcement Whereas additional City staff time spent initiating, administering and enforcing the Tobacco Retail License is expected to be covered by the license fee. 5 Councilmembers had questions and comments: Councilmembers had questions about the impacts of the proposed regulations on the public health statistics for youthful consumers. There were further questions about the enforcement of tobacco and vaping products, the cost of enforcement and its impact on the Police Department resources. Will additional Police Department staff be required to enforce the ordinance? Division Chief Lorenz and Chief Murtha replied that this additional enforcement will require that the existing staff and command make decisions about which priorities those staff will follow. Councilmembers noted that fines alone will unlikely impact retailers decisions; a second or later offense should involve suspensions or revocations of the tobacco license. Some councilmembers indicated that they support more stringent penalties sooner than the fifth offense by the same retailer. Councilmember Hutchinson emphasized that five offenses before a license is revoked is ridiculously lenient in her opinion. Sales online are a big challenge; the state is still working on statewide regulations, for online sales generally and for verification of the buyer’s age specifically. Councilmembers asked how varying levels of sanctions would be attached to the first, second and subsequent violations. How will the enforcement of the law work in concert between the City and the state? Who will receive the fine monies? Will a single offense trigger both City sanctions/fines, state sanctions/fines or both? Council indicated that the ordinance should clarify that situation. Are responsible retailers in favor of the licensing process contemplated here? How are retailers being prepared for this change, or how will they be alerted and informed? What is the ideal distance from a school to a tobacco/vaping retailer? Councilmember Hultin advocated for a 1,000-foot distance from any schools or youth activity centers. Councilmember Dozeman suggested the City follow the direction offered by the new state statute. Council also expressed concern that the Ordinance not damage existing business. For instance, if a tobacco licensee closes their store, would a new owner of that same property have the same grand-parenting rights to obtain a tobacco license – even if they are within 1000 feet of a school or youth activity center. Councilmember Hutchinson noted that we have a variety of regulations in terms of distance from a school, religious meeting place, or youth activity center for liquor and tobacco. 6 Councilmember Hoppe proposed a consensus to ask staff to bring forward ordinance language for Council’s consideration that follows these parameters: • Implement licensing program for $300 for new licenses and $250 for renewals. • Allow grand parenting of tobacco sales licenses associated with a specific location so long as the business location is not dormant for one year or more. • Any new tobacco licensing or those who have lost their grand-parenting status must be 1,000 feet from a school, and the two recreation centers. • Sanctions for violations would follow these parameters: First offense $500 fine, second offense 7 day suspension of the tobacco license, third offense 30 day suspension, fourth offense suspension for1 year and fifth offense permanent revocation. • The penalties follow both violations of City Code and state statute. Licensees would pay fines or suffer suspensions imposed by both the City and the State. • To parallel the guidelines and timeframes for implementation enacted by the state. • Warning sign violations will not trigger the fines or suspensions. • Conduct further research into the City’s authority to license and tax online sales of tobacco to City residents. • Shops that only sell cigars (and paraphernalia for cigars) would be exempt. • Council will consider this ordinance in late February or early March 2021 at the latest, hoping to parallel the state’s implementation if feasible. Consensus attained. 2. Staff Report(s) Discussion began at 7:58 pm, approximately 1:28 hours into the session. Nothing new from staff this evening. 3. Elected Officials’ Report(s) Councilmember Hoppe congratulated the operators on the opening of a new Four Seasons market, selling local food products and groceries. Councilmember Hultin asked about the CARES funding. Mr. Goff reported that the County declined to grant the City an additional $250,000 for additional business grants. She also asked that Jeffco Public Health present to Council a report on public health issues related to vaping and smoking at a future Study Session. The Wheat Ridge Transportation Advisory Team is distributing refurbished bicycles. Their current location, in a residence, is closing, and a new site is badly needed. Councilmember Weaver asked how to identify places where one can get a rapid CoVid test. She had trouble finding that online. Mr. Goff replied that the hours, locations and 7 other details change very frequently, sometimes daily, making it impractical to attempt to keep the details updated on the City’s website. Mayor Starker thanked staff for their preparation and participation. He also reminded all to wear a mask, watch social distancing and wash our hands. ADJOURNMENT The Study Session adjourned at 8:10 pm. APPROVED BY CITY COUNCIL ON December 14, 2020. Steve Kirkpatrick, City Clerk Janeece Hoppe, Mayor Pro Tem Special City Council Meeting Minutes CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING November 23, 2020 Note: This meeting was held virtually, using Zoom video-teleconferencing technology. As duly announced and publicly noticed, Council previously approved this format in order to continue with normal business and respond to the CoVid-19 Pandemic and the related public emergency orders promulgated by the President of the United States, the Governor of Colorado, and the Wheat Ridge City Council. Before calling the meeting to order, Mayor Starker stated the rules and procedures necessitated by this meeting format. Mayor Starker called the Special City Council Meeting to order at 7:00 p.m. ROLL CALL OF MEMBERS Janeece Hoppe Judy Hutchinson Zachary Urban Rachel Hultin Amanda Weaver Korey Stites Leah Dozeman Valerie Nosler Beck Also present: City Clerk, Steve Kirkpatrick; City Attorney, Gerald Dahl; City Manager, Patrick Goff; Administrative Services Director, Allison Scheck; Community Development Director, Ken Johnstone; Steve Art, Business Development Director; City Attorney, Jerry Dahl; City Treasurer Chris Miller. APPROVAL OF AGENDA Agenda is limited to the item specified in the Mayor’s call for this Special Meeting. Citizens’ Right to Speak The item began at 7:02 pm. Note about Wheat Ridge Speaks: Citizens may visit the Wheat Ridge Speaks website and enter written comments of up to 1,000 words on any Council agenda item. The deadline for citizens to submit comments is 12:00 Noon Mountain Time on the day of a Council session so that Council members, other elected officials and City Staff have time to review the comments before the meeting on Monday evening. The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into these minutes, placing each comment along with the record for that agenda item, including items that include a public hearing (verbatim, so long as the comments do not contain lascivious language or unlawful hate speech). No one came forward to comment on the agenda item for this Special Meeting. CONSENT AGENDA There were none of these items for this meeting. Special City Council Minutes November 23, 2020 page 2 DECISIONS, RESOLUTIONS AND MOTIONS 1. A motion approving funding in the amount of $250,000 for the purpose of funding phase three of the Business Stabilization Program. Discussion began at approximately 7:03 pm. Mayor Starker introduced item 1. Staff Presentation Mr. Goff reported that the impact of COVID-19 on American businesses continues as state and local governments order mandatory shut-downs further complicating operations for businesses already impacted by COVID-19. The Colorado Department of Public Health and Environment (CDPHE) moved Jefferson County to “Level Red – Severe Risk” in the COVID-19 Dial Framework, effective November 20, 2020 at 5:00 p.m. This move to Level Red imposes new restrictions including, but not limited to, prohibiting indoor dining at restaurants, limiting capacity at gyms to 10 percent and continuing to limit capacity at critical and non-critical retail to 50%. The City distributed $500,000 in grants to 161 Wheat Ridge businesses through the Business Stabilization Program earlier this year. The City has received federal funding from the CARES Act, through Jefferson County, which is authorized to be used for business recovery grant programs. Councilmembers Hultin and Stites requested a special meeting to discuss authorizing $250,000 for local business grants to restaurants and retailers under the same guidelines and grant committee process used previously including: 1. No chain or franchises 2. 25 or fewer employees 3. Brick and mortar location in Wheat Ridge 4. Current Wheat Ridge business license Public Comment No one came forward to speak. Council had comments Councilmember Hultin further explained why she and Councilmember Stites asked for this special meeting to act quickly. Councilmembers asked whether businesses that received previous grants may apply for this round of funding. Mr. Goff recommended that we open the program to all businesses that qualify, regardless of their previous grants. Councilmembers Urban and Hoppe agreed with Mr. Goff’s recommendations. Special City Council Minutes November 23, 2020 page 3 Council also discussed prioritizing restaurants and retailers, and whether to include franchises. Councilmembers Stites and Hultin favored allowing grants to locally owned franchisees but not chain restaurants operated by large corporations. Councilmember Hultin also asked that multiple businesses owned by the same local individuals or partners should be allowed to apply for grants for each of their separate locations. Councilmember Urban asked that in these cases each different operation file a separate application. Councilmember Hultin asked that whatever communication goes to local businesses make clear the procedures. Council asked whether CARES Act funds could be available. Mr. Goff answered affirmatively and explained how, and the ultimate impact on the City budget. Councilmember Hultin asked that the application process require business to swear under oath that they are current with all city taxes, city regulations and adhering to the public health orders now in place. Councilmember Hultin also thanked the staff for their urgent and responsive action to get this Council meeting together and move this quickly. Councilmember Urban asked what date is the deadline for expending these funds. Mr. Goff and Ms. Scheck explained the details; December 30, 2020. Mr. Art agreed to create a schedule for everyone’s information. Motion by Councilmember Hultin to approve funding in the amount of $250,000 for the purpose of funding phase three of the Business Stabilization Program, seconded by Councilmember Stites; motion carried 8-0. CITY MANAGER’S MATTERS Happy Thanksgiving everyone. CITY ATTORNEY’S MATTERS Enjoy a safe Thanksgiving. ELECTED OFFICIALS’ MATTERS Councilmember Stites recounted an idea sent by Robin Eaton, Deputy City Clerk and Steve Kirkpatrick, City Clerk to forgive, rebate or credit back Liquor License Fees, Liquor Occupancy Tax, or both to support local businesses during the pandemic. Consensus to address this issue at a future Study Session attained. Several Councilmembers and the Mayor wished everyone a Happy Thanksgiving. ADJOURNMENT The meeting adjourned at 7:39 pm Special City Council Minutes November 23, 2020 page 4 _____________________________ Steve Kirkpatrick, City Clerk APPROVED BY CITY COUNCIL ON December 14, 2020 ______________________________ Janeece Hoppe, Mayor Pro Tem 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 by contacting the City Clerk’s Office, as well as copies of Ordinances and Resolutions. ITEM NO: 1a DATE: December 14, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 59-2020 – A RESOLUTION AMENDING THE FISCAL YEAR 2020 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $35,000 FOR CITY ATTORNEY LEGAL SERVICES PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Administrative Services Director City Manager ISSUE: A supplemental budget appropriation in the amount of $35,000 is required for legal services through December 31, 2020. PRIOR ACTION: None FINANCIAL IMPACT: There are adequate General Fund reserves to meet this request. If approved, the City Attorneys’ budget for 2020 will increase to $357,300, of which, $80,100 is designated for municipal court prosecution services. BACKGROUND: Section 10.12 of the Wheat Ridge City Charter grants Council the authority to make supplemental budget appropriations as necessary. In 2020, the City has experienced a greater need for legal support due to an increase in litigation cases. If approved, the additional $35,000 in supplemental funds will be transferred from General Fund reserves to the City Attorneys’ budget. CAF – Supplemental Budget Appropriation City Attorney Legal Services December 14, 2020 Page 2 RECOMMENDATIONS: Staff recommends approval of the proposed supplemental budget appropriation. RECOMMENDED MOTION: “I move to approve Resolution 59-2020, a resolution amending the fiscal year 2020 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $35,000 for City Attorney legal services.” Or, “I move to postpone indefinitely Resolution 59-2020, a resolution amending the fiscal year 2020 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $35,000 for City Attorney legal services for the following reason(s) ____________________.” REPORT PREPARED AND REVIEWED BY: Patrick Goff, City Manager ATTACHMENTS: 1. Resolution 59-2020 2. Memorandum from City Attorney, dated December 1, 2020 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 59 Series of 2020 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2020 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $35,000 FOR CITY ATTORNEY LEGAL SERVICES WHEREAS, section 10.12 of the Wheat Ridge Code of Laws grants City Council the authority to make supplemental budget appropriations when necessary; and WHEREAS, to continue the support of the City Attorney through 2020, a supplemental budget appropriation is necessary to transfer funds from General Fund reserves to the City Attorneys’ budget; and NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: THE FOLLOWING AMENDMENT TO THE GENERAL FUND IS HEREBY APPROVED: A supplemental budget appropriation in the amount of $35,000 to account #01-107-700-750 for the purpose of additional City Attorney legal services. DONE AND RESOLVED this 14th day of December 2020. ______________________________ Bud Starker, Mayor ATTEST: ______________________________ Steve Kirkpatrick, City Clerk ATTACHMENT 1 710 Kipling Street, Suite 300 Lakewood, Colorado 80215 Main 303.493.6670 Fax 303.945.7960 MEMORANDUM To: Mayor and City Council From: Gerald Dahl, City Attorney Date: December 1, 2020 Re: Supplemental budget appropriation request for fiscal year 2020 ____________________________________________________________________________ As we approach the end of the budget year for 2020, I have projected that the City's costs for legal services will be approximately $35,000 greater than the amount budgeted for the year. While there have been some additional requests for work due to the COVID pandemic, this has not caused the excess. Instead, the City has been involved in an extraordinary amount of litigation during 2020. While the City’s Colorado Intergovernmental Risk Sharing Association (CIRSA) policy always covers litigation involving personal injuries on City property or caused by City activities, four separate pieces of litigation in 2020 were not covered by the CIRSA Policy: • Extended sales tax appeal for Annie's Motel, involving an initial tax claim of $153,000. • Figlus/Stoyko litigation, in which the City is challenging the construction of a retaining wall in a City right-of-way. The District Court judge recently granted summary judgment in favor of the City, but the matter is being appealed by the property owners. • Wadsworth widening project condemnation actions, of which the Council is aware. • The property and nuisance abatement action at 3900 Street, the location of a long-unfinished single-family residential reconstruction project. While in most years there is some litigation, 2020 was extraordinary in that it included four separate cases, each of which is not quickly resolved. In my time as City Attorney, I have only rarely needed to ask for a supplemental appropriation, but this year it is necessary. I do expect demand for other legal services to drop off this month, and it may be that not all of the requested additional $35,000 will be required. I also ask that the various rates my firm charges for legal services be increased by 5% commencing January 1, 2021. The last time I increased hourly rates was in 2015, and the present rates are well below market for this type of work. Even with the increase, they will remain at or below market average, but I will commit to keeping these rates without additional increase for three years. It is a privilege to serve the City of Wheat Ridge and I appreciate your consideration of these requests. ATTACHMENT 2 ITEM NO: 1b DATE: December 14, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 57-2020 – A RESOLUTION AMENDING THE FISCAL YEAR 2020 EQUIPMENT REPLACEMENT FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $100,000 FOR THE PURPOSE OF PURCHASING TELEWORKING EQUIPMENT PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ___________________________ __________________________ Administrative Services Director City Manager ISSUE: In late September 2020, the US Treasury issued guidance stipulating that CARES funding can be used to offset public safety payroll. In order that the City can better leverage this guidance and submit a greater payroll number to offset General Fund spending, staff recommends moving $100,000 of teleworking equipment expenditures to the Equipment Replacement Fund. PRIOR ACTION: None FINANCIAL IMPACT: The Equipment Replacement Fund has sufficient fund balance to cover $100,000 in spending. This transaction will leave a fund balance of $73,716 at the end of 2020 and $67,316 at the end of 2021 per the 2021 budget. Increasing the overall public safety payroll allocated to CARES spending helps offset spending in the General Fund. BACKGROUND: Through November 20, 2020, the City has charged $247,497 to the CARES allocation from Jefferson County to improve teleworking capabilities for employees, largely through equipment replacement. This Council Action Form – Equipment Replacement Fund Supplemental December 14, 2020 Page 2 includes enabling employees to work remotely through the purchase of laptops, monitors and other ancillary devices, and equipping conference rooms with audio visual technology so that meetings between staff and the public can occur in person and remotely. These expenditures are eligible within the Equipment Replacement Fund which has limited needs in the next year. Therefore, transferring $100,000 in equipment purchases to this fund allows the City to offset additional public safety payroll in the General Fund. As this expenditure was not planned in the 2020 budget, a budget supplemental is required to transfer funds from the fund balance. RECOMMENDATIONS: Staff recommends approval of the supplemental budget request. RECOMMENDED MOTION: “I move to approve Resolution No. 57-2020, a resolution amending the fiscal year 2020 Equipment Replacement Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $100,000 for the purpose of purchasing teleworking equipment.” Or, “I move to table indefinitely Resolution No. 57-2020, a resolution amending the fiscal year 2020 Equipment Replacement Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $100,000 for the purpose of purchasing teleworking equipment for the following reason(s) __________________________.” REPORT PREPARED BY: Allison Scheck, Administrative Services Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 57-2020 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 57 Series of 2020 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2020 EQUIPMENT REPLACEMENT FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $100,000 FOR THE PURPOSE OF PURCHASING TELEWORKING EQUIPMENT WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a resolution; and WHEREAS, public safety payroll is an eligible CARES Act expense; and WHEREAS, City Council wishes to attribute some teleworking equipment purchases to the Equipment Replacement Fund as adequate reserves exist to fund said expense; and WHEREAS, insufficient appropriations in the 2020 Budget exist to cover these expenditures. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. A transfer of $100,000 is hereby approved from the Equipment Replacement Fund undesignated reserves to account 57-201-800- 809. DONE AND RESOLVED this 14th day of December 2020. Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk ATTACHMENT 1 ITEM NO: 1c DATE: December 14, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AWARD A CONTRACT AND APPROVE PAYMENT OF $78,151 TO MERIDIAM PARTNERS, LLC OF DENVER, CO, FOR THE BAYOU DITCH PIPE AND HEADGATE REPLACEMENT PROJECT AND APPROVE A CONTINGENCY IN THE AMOUNT OF $21,849 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Parks and Recreation Director City Manager ISSUE: The Bayou Ditch crosses under the Clear Creek Trail through a pipe culvert and is currently failing. This failure does not allow the ditch company to effectively control the flow of water and the current flow is restricted. Bayou Ditch shareowners cannot effectively use their water rights because of the severe restriction of flow through the pipe; in addition, the associated headgate is mostly inoperable and further exacerbates the flow and call on water. Additionally, the trail is paved not only for trail users, but for maintenance vehicles. The current pavement was installed to withstand the heavy loads of trucks and equipment that service areas along the trail. With the failure of the culvert, the structural integrity of the pavement may also be in question. The City conducted a formal solicitation and received bid submittals from eight interested contractors to replace the pipe and headgate. Meridiam has been selected as the qualified responsive and responsible low bidder in a contract amount of $78,151 with a contingency of $21,849 for a total project budget of $100,000. CAF – Bayou Ditch Pipe and Headgate Replacement December 14, 2020 Page 2 PRIOR ACTION: None FINANCIAL IMPACT: Funding for this project is budgeted in Open Space Fund 32 in the total amount of $100,000. These funds shall provide for all general contractor costs as identified in the bid package. These costs include but are not limited to demolition and removal of existing material, trail traffic detour and management, site security, site remediation, erosion and sedimentation control, installation and replacement of culvert piping and headgate valve, and replacement of concrete trail. This project has some inherent unknowns that could result in change orders that are above the conventional 10% contingency. First, the concrete structure that frames the current headgate may not be structurally sound when it is removed and may require that a new concrete headwall is installed. Second, the current concrete trail may have been poured thicker than the standard thickness to withstand heavy vehicular traffic over the culvert. If this is the case, demolition and replacement of this section of concrete may incur more costs than expected. For these reasons, staff is recommending that City Council approve a contingency for this project in the amount of $21,849. BACKGROUND: The City manages and maintains the Clear Creek Trail and has an easement crossing the Bayou Ditch via a concrete paved trail. The Bayou Ditch is owned, managed, and maintained by the Bayou Ditch Association. The concrete paved trail is open to the public and also serves as a maintenance corridor for the City, ditch companies, and adjacent land owners. RECOMMENDATIONS: Parks, Forestry, and Open Space staff recommend the award of the Bayou Ditch Pipe and Headgate Replacement project to Meridiam Partners, LLC of Denver, Colorado. RECOMMENDED MOTION: “I move to award a contract and approve payment of $78,151 to Meridiam Partners, LLC of Denver, CO, for the Bayou Ditch Pipe and Headgate Replacement project, and approve a contingency in the amount of $21,849.” Or, “I move to deny award of a contract and payment of $78,151 to Meridiam Partners, LLC of Denver, CO, for the Bayou Ditch Pipe and Headgate Replacement project, and approval of a contingency in the amount of $21,849, for the following reason(s) ______________________.” REPORT PREPARED/REVIEWED BY: Zach Lovato, Parks, Forestry and Open Space Manager CAF – Bayou Ditch Pipe and Headgate Replacement December 14, 2020 Page 3 Karen O’Donnell, Director of Parks and Recreation Jennifer Nellis, Purchasing Agent Patrick Goff, City Manager ATTACHMENTS: 1. ITB-20-21 Bid Tab ATTACHMENT 1 ITEM NO: 1d DATE: December 14, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 58-2020 – A RESOLUTION ACCEPTING A GRANT AWARD IN THE AMOUNT OF $25,000 FOR AN OUTDOOR FITNESS COURT AS PART OF THE 2021 NATIONAL FITNESS CAMPAIGN PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ____________________________ ______________________________ Parks & Recreation Director City Manager ISSUE: The Parks and Recreation Department (Department) applied for, and was awarded, a $25,000 grant towards an outdoor Fitness Court from a National Fitness Campaign (NFC) and Colorado Parks and Recreation Association (CPRA) statewide campaign. The NFC and Department identified Panorama Park as the best location for this potential Fitness Court, based on visibility, accessibility, and connectivity. The remaining cost of purchasing, shipping, and installing the Fitness Court is approximately $160,000. The Department will pursue fundraising through sponsors, other grants, and donations to raise the additional funding needed for this project. Should the Department be unable to generate the majority of this amount through outside sources, the grant award would be returned to the NFC. The target deadline for this fundraising is July 2021, however there is an option for this project to be delayed until 2022 with the grant award still available to be used in 2022. PRIOR ACTION: N/A Council Action Form – National Fitness Campaign Fitness Court December 14, 2020 Page 2 FINANCIAL IMPACT: This grant award is non-binding and the grant funds of $25,000 can be returned without penalty if they cannot be used. Approving this Resolution could, pending fundraising, result in a Fitness Court valued at approximately $185,000 being installed in Wheat Ridge at a low-to-zero cost to taxpayers and the City budget. If this Resolution is not approved, there is no immediate financial impact to the City. This would result in the City not receiving $25,000 in funding for this project through the NFC and CPRA. BACKGROUND: The National Fitness Campaign’s (NFC) mission is to “design healthy infrastructure for cities to improve the quality of life for people.” They partner with cities, schools, and state agencies to install Fitness Courts that are free to the public. The Colorado Parks and Recreation Association (CPRA) is the statewide industry association for parks and recreation. During the COVID-19 pandemic, access to Wheat Ridge Parks and Recreation and private gym facilities has been limited for public safety. This outdoor Fitness Court would provide an additional, outdoor, free-to-use option for residents to exercise. Panorama Park was specifically identified as an ideal location as it is in a different geographic area of the City from the other public fitness options (Recreation Center, Anderson Building, and Active Adult Center), is in an area of Wheat Ridge with higher population density and lower median incomes, and is near traffic routes including 32nd Ave, 35th Ave, Harlan St., and Sheridan Blvd. The Fitness Court from the NFC is installed on a 38’ X 38’ concrete slab with sport tile flooring. The Court includes 7 body-weight exercise stations focusing on core, squat, push, pull, lunge, agility, and bend movements. Each station is approximately 6 feet apart. The Court can be used year-round. There are instructions for exercises included with the Court, as well as access to a free phone application where more workouts can be viewed. The NFC provides support for fundraising and promoting the Fitness Court. Locally and recently, the Cities of Loveland and Lakewood have installed Fitness Courts as well as the University of Colorado-Boulder. RECOMMENDATIONS: The Parks and Recreation Department recommends Council approving this Resolution to support this project. RECOMMENDED MOTION: “I move to approve Resolution No. 58-2020, a resolution accepting a grant award in the amount of $25,000 for an outdoor fitness court as part of the 2021 National Fitness Campaign.” Or, Council Action Form – National Fitness Campaign Fitness Court December 14, 2020 Page 3 “I move to postpone indefinitely Resolution No. 58-2020, a resolution accepting a grant award in the amount of $25,000 for an outdoor fitness court as part of the 2021 National Fitness Campaign for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Karen O’Donnell, Parks and Recreation Director Brandon Altenburg, Grant and Special Project Administrator Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 58-2020 2. CPRA 2020-2021 Executive Summary 3. 2021 Statewide Campaign Budget Overview 4. Wheat Ridge Site Analysis ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 58 Series of 2020 TITLE: A RESOLUTION ACCEPTING A GRANT AWARD IN THE AMOUNT OF $25,000 FOR AN OUTDOOR FITNESS COURT AS PART OF THE 2021 NATIONAL FITNESS CAMPAIGN WHEREAS, the City of Wheat Ridge has submitted a grant application to National Fitness Campaign (NFC) for participation in their 2021 initiative to install and activate outdoor Fitness Courts® in 200 cities and schools across the country; and WHEREAS, the City of Wheat Ridge will accept a $25,000 National Grant from the NFC Grant Committee and Statewide Partners, and provide a local match in the amount of $160,000 to promote and implement a free-to-the-public outdoor Fitness Court®; and WHEREAS, the City of Wheat Ridge will attempt to secure supplemental funding as needed through community sponsors, which will be made available and committed to this program for the purchase of the outdoor Fitness Court®; and WHEREAS, the City of Wheat Ridge will commit to construction and launch of the outdoor Fitness Court® by the end of the 2021 calendar year if funding is secured; and WHEREAS, this grant award is non-binding and the City can return the grant award to NFC if unable to generate supplemental funding through sponsorships, other grant sources and donations; and WHEREAS, the City of Wheat Ridge believes the outdoor Fitness Court® is an important wellness ecosystem that supports healthier communities, commits to funding/fundraising to participate in NFC’s 2021 Campaign, and will earn local and national recognition as a leader in providing affordable health and wellness. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado that the City will collaborate with NFC to implement the outdoor Fitness Court® and make fitness free to community residents and visitors. Section 1. This Resolution shall be effective upon adoption. DONE AND RESOLVED this 14th day of December 2020. ____________________________ Bud Starker, Mayor ATTEST: ____________________________ Steve Kirkpatrick, City Clerk NATIONAL FITNESS CAMPAIGNEXECUTIVE SUMMARY 2021 STATE AGENCIES INVITATION NATIONAL FITNESS CAMPAIGN202110 STATE PARTNERS ATTACHMENT 2 The First Fitness Court The New Fitness Court 3 Countries 10,000 FITNESSCOURTS San Francisco StanfordUniversity FITNESS COURT INVENTED 1979 A NEW CAMPAIGN &WORLD CLASS TEAM 2012 NATIONWIDE CAMPAIGN LAUNCH 2018 & PRESENT EXPANSION TO 1,000 CITIES 2022 CAMPAIGN EXPANDS 1980-2000 1979 1980 2018 20222012 MITCH MENAGEDNFC FOUNDER GADI AMITNEW DEAL DESIGN SAM LUCENTEHEWLETT PACKARD MARK LAURENSPECIAL FORCES FITNESS COURT® DESIGN TEAM NFC : PAST, PRESENT, FUTURECAMPAIGNSTORY NFC : WHO & WHATCAMPAIGNMISSION THE PROBLEM OUR MISSION WHO WE ARE WHAT WE DO Preventable diseases like obesity continues to rise across America. The built environment can increase longevity. Design healthy infrastructure for cities to improve the quality of life for people. National Fitness Campaign is a San Francisco based social enterprise and consulting firm. NFC partners with cities, schools and state agencies who make health a priority to plan, build, fund and activate healthy infrastructure. THE NEW2021 CAMPAIGN A HOLISTIC QUALITY OF LIFE INITIATIVE FOR PARTNER CITIES H e a l t H y I n f r a s t r u c t u r e s e r v I c e s H E A L T H Y INFRA S T R U C T U R E Healthy Infrastructure Development C A M PAIGN S E R V I C E S Annual Campaign Services FITNESS COURT INSTALLATION GUIDANCE H.I. DESIGN SERVICES CONSENSUS BUILDINGGRANT FUNDING CUSTOM DESIGN SERVICESSPONSOR SUPPORTPARTNER TOOLBOX LAUNCH SUPPORT IMPACT STUDY OFFICIAL NFC GEAR CLASSES &CHALLENGE MEDIA & PRESS AMBASSADOR TRAINING MOBILE APP FITNESS SEASON Ready to gear up for your Launch Party or special event on The Fitness Court? Email us: support@nfchq.com or give us a call: 415-702-4919 ORDER FORM: GEAR & GIVEAWAYS INCLUDED WITH 2018 CAMPAIGN NFC Gear Kit OPTIONAL EXTRAS Water Bottles Sunglasses COMPLETE YOUR ORDER PRICE* TanksTopsTees SIZING: Mens: 1S, 2M, 4L, 2XLWomens: 3S, 4M, 2LTotal: 18 pieces SIZING: Unisex: 1M, 1LTotal: 2 pieces SIZING: Mens: 1S, 2M, 4L, 2XLWomens: 3S, 4M, 2LTotal: 18 pieces $600 $350 $350 - 38 total pieces per kit- Includes (2) tops, (18) tees and (18) tanks in sizes shown above *Prices shown include standard shipping. Rush shipping and/or customization may require additonal funding. - 25 total pieces per kit- Design as shown: Fitness Court logo + #FitnessCourt - 100 total pieces per kit- Design as shown: Teal Blue, National Fitness Campaign logo Ready to gear up for your Launch Party or special event on The Fitness Court? Email us: support@nfchq.com or give us a call: 415-702-4919 ORDER FORM: GEAR & GIVEAWAYS INCLUDED WITH 2018 CAMPAIGN NFC Gear Kit OPTIONAL EXTRAS Water Bottles Sunglasses COMPLETE YOUR ORDER PRICE* TanksTopsTees SIZING: Mens: 1S, 2M, 4L, 2XLWomens: 3S, 4M, 2LTotal: 18 pieces SIZING: Unisex: 1M, 1LTotal: 2 pieces SIZING: Mens: 1S, 2M, 4L, 2XLWomens: 3S, 4M, 2LTotal: 18 pieces $600 $350 $350 - 38 total pieces per kit- Includes (2) tops, (18) tees and (18) tanks in sizes shown above *Prices shown include standard shipping. Rush shipping and/or customization may require additonal funding. - 25 total pieces per kit- Design as shown: Fitness Court logo + #FitnessCourt - 100 total pieces per kit- Design as shown: Teal Blue, National Fitness Campaign logo Ready to gear up for your Launch Party or special event on The Fitness Court? Email us: support@nfchq.com or give us a call: 415-702-4919 ORDER FORM: GEAR & GIVEAWAYS INCLUDED WITH 2018 CAMPAIGN NFC Gear Kit OPTIONAL EXTRAS Water Bottles Sunglasses COMPLETE YOUR ORDER PRICE* TanksTopsTees SIZING: Mens: 1S, 2M, 4L, 2XLWomens: 3S, 4M, 2LTotal: 18 pieces SIZING: Unisex: 1M, 1LTotal: 2 pieces SIZING: Mens: 1S, 2M, 4L, 2XLWomens: 3S, 4M, 2LTotal: 18 pieces $600 $350 $350 - 38 total pieces per kit- Includes (2) tops, (18) tees and (18) tanks in sizes shown above *Prices shown include standard shipping. Rush shipping and/or customization may require additonal funding. - 25 total pieces per kit- Design as shown: Fitness Court logo + #FitnessCourt - 100 total pieces per kit- Design as shown: Teal Blue, National Fitness Campaign logo A Comprehensive Wellness Program The Campaign is a collection of resources and services designed to activate, encourage and support participation in outdoor fitness activities. Our campaign is separated into two stages: Healthy Infrastructure & Campaign Services. All Cities and schools awarded in the program receive all products, tools and services described on this page and detailed in this executive summary document. NFC : COMPREHENSIVE PROGRAM CAMPAIGN SUMMARY H e a l t H y I n f r a s t r u c t u r e c a m p a I g n s e r v I c e s 21st Century Healthy Infrastructure National Fitness Campaign’s Fitness Court is the centerpiece to its holistic health and wellness initiative. The Fitness Court is an outdoor bodyweight circuit training center with functional fitness DNA. The best-in-class system provides a full-body workout to adults of all ability levels. With 7 functional fitness zones, the Fitness Court can be used in thousands of ways. The Fitness Court is the world’s best outdoor gym! Featured Stories Highlighted through Press and Local MediaNFC Fitness Court Ambassador Training ACE Certified (America Council of Exercise) Free digital App Delivering Programing, Workouts & ContentStrategic Planning & Feasibility Study, Site Design Consulting Sponsor Strategy, Best Practices,National Installation Team Support Spring/Summer/Fall national & local training, classes & challenges series Launch & Public RelationsAmbassador TrainingFitness Court AppStrategic Planning Studies Campaign Funding Support Annual Fitness Season ACTIVITY ANALYSIS | PHYSICAL Austin, TX Phase 1 Potential Sites Future PhaseExpanded Network Farmers MarketNutrition Network FITNESS COURT WALKABILITY NUTRITION 10 M I N W A L K 20 M I N W A L K Walking Radius10 Minute = .5 mile20 Minute = 1 mile FITNESS SEASON 2020 WORLD-CLASS TRAINING World-class training videos will available on the Fitness Court App. SPRING CHALLENGE SERIES The Fitness Season culminates with local, regional and national challenges for residents. FALL WORLD-CLASS TRAINING World-class training videos will available on the Fitness Court App. SUMMER 1 2 3 4 5 6 7 7 Minutes 7 Movements Integrated Sports Floor Each Fitness Court® includes an integrated sports floor made from durable 2’x2’ tiles which adhere directly to the concrete slab. Available in our standard NFC Blue or Gray to match any custom design. Top (Blue Option)Top (Grey Option) Made & Manufactured in the USA Designed by NFC in California. FITNESS COURT® WORLD CLASS MATERIALS & SYSTEM High QualityDual-layer powder-coating carbon steel Durable Materials Tamper-resistant, galvanized & stainless steel bolts and fittings. Best In ClassAnti-graffiti laminate vinyl decals Variable Footstrips Destabilized Push Rings Destabilized Pull Rings (2) Push Ladders (6) Box Jumps (8) Lunge Steps (4) Pull Ladders (2) Bend Stations Integrated Sports Floor Agility Station Support Wall 38’x3 8 ’ C o n c r e t e S l a b The new campaign is now operating in over 100 cities and colleges across the Nation. By the end of 2020, the program will be thriving in over 200 communities across 40 states. The Campaign’s unique funding model brings partnerships and funding to cities and schools of all sizes. 500 PARTNERS & SPONSORS ANNUAL HEALTHY INFRASTRUCTURE EDUCATIONAL WORKSHOP ACTIVITY ANALYSISMCKINNEY, TX Phase 1 Potential Sites Future PhaseExpanded Network FITNESS COURT CENSUS DATA Population DensityPeople per square mile Low 4,000 High18,000 Population IncomeAnnual Income per Block Group Low $50,000 High$140,000 ACTIVITY ANALYSISMCKINNEY, TX Activity Mapping Population Density Park Network Population Income Greenways & Trails Council DistrictsPOPULATION PER SQ MILEINCOME PER BLOCK 2019 aggregated anonymous data set mckinney, tx | Population 181,330 city activity mapping SITE MAP MCKINNEY, TX Activity MappingPhase 1 Recommendation: Activity MappingPhase 2 Recommendation: Fitness Trail13 Mile Marathon Loop ACTIVITY ANALYSISMCKINNEY, TX Phase 1 Potential Sites Future PhaseExpanded Network Farmers MarketNutrition Network Fitness Trail13 Mile Marathon Loop 10 M I N W A L K 20 M I N W A L K Walking Radius10 Minute = .5 mile20 Minute = 1 mile FITNESS COURT WALKABILITY NUTRITION SITE MAP MCKINNEY, TX Activity MappingPhase 1 Recommendation: Activity MappingPhase 2 Recommendation: Fitness Trail13 Mile Marathon Loop Data Mapping Tools, Analysis Methods, Healthy Infrastructure Planning In recognition of the importance of continuing education and professional development and the extensive work supported by CPRA’s Foundation, NFC proposes an innovative regional workshop series providing specialized training and education in the development of pedestrian infrastructure, healthy living policies and practices, and Fitness Court programming. These day-long programs will occur each Spring. The below information provides a tentative framework. NFC envisions close collaboration with CPRA to determine the structure and execution of the workshops. PROGRAM ADOPTION PROCESS IS WELLNESS A PRIORITY SITE SELECTION PROGRAM FUNDING PROGRAM TIMING Is healthy living a priority in your city? Does the campaign align with your city’s goals and local initiatives? Is there support from appropriate stakeholders? Main Criteria for Site Selections 1. Iconic Sites Supports Success and Impact 2. Accessibility Engage all Population Sectors 3. Connectivity Program locations align with pedestrian infrastructure and trails systems. Qualified cities will receive $30,000 in Grant Funding from NFC for each Fitness Court and local Campaign. With variable funding models and opportunities for partnership development within your local and regional network, there are multiple ways to fund the Campaign. NFC is here to help! 321 4 Healthy Living [ [ ++ - Mayor- City Council- Park Director - Leadership GRANT FUNDING REQUIREMENTS NFC 4-STEP PROGRAM ADOPTION PROCESS Early Application Deadline:AUGUST 24 - SEPTEMBER 11 Application Deadline:OCTOBER 16 Grant Award AnnouncementNOVEMBER 2 Program Launch: NOV. 2 2020 - OCT. 2021 GRANT FUNDING AWARDREQUIRED FUNDING FOR EACH SITE = $25,000 GRANT FROM NFC $105,000 LOCAL FUNDING MATCH(PLUS INSTALLATION)$130,000 COURT INSTALL FITNESS COURT & CAMPAIGN ECOSYSTEM + REQUIRED PER FITNESS COURT TOTAL FUNDING +INSTALLATION METHODS IN KIND IN HOUSE CONCRETE SLAB + FITNESS COURT ASSEMBLY + GRAPHICS INSTALL OROR BID OUT NATIONAL FITNESS CAMPAIGN202110 STATE PARTNERS PROGRAM SUMMARY NFC 2020 CAMPAIGN SPECIFICATIONS 2021 PROGRAM SUMMARY: All items and services below are delivered to approved partners as part of the 2021 Campaign. CAMPAIGN SERVICESH E A L T HY INFRA S T R U C T U R E Fitness Court® Description:32’x35’ outdoor bodyweight circuit training system with the following components:• Seven station circuit training system providing full-body workout modules• Fitness Court body-weight training wall - 32’W x 2’D x 6’ H with custom graphics• Thirty pieces of body-weight fitness elements for simultaneous use by 28 users at one time. Fitness Elements anchored and grouped within seven stations.• Bolts, attachments and anchors required for installation FITNESS COURT® HEALTHY INFRASTRUCTURE HEALTHY INFRASTRUCTURE DESIGN SERVICES GRANT FUNDING, CONSENSUS BUILDING, SPONSOR SUPPORT • Outdoor Sports Floor Size: 1,024 SF (32’x32’)• Color: NFC Blue• Thickness: 1” Tiles• ADA Border Included Fitness Court Surface - Tile Surface Specifications • All structural components are made from high-grade carbon steel• Structural components receive high-grade duel layer powder coating• All cladding (skins) made from high-grade aluminum and powder coated• Graphics and signage printed with anti-graffiti over-lamination material• Manufactured in the United States• Resilient to heavy, repeated daily use• Over 30 individual pieces of equipment• Powder-Coated Structural Components • Galvanized fittings and bolts - included• Stainless steel cables• Full installation guide provided• Warranty through NFC Fitness Court Specifications: Strategic Planning & Feasibility Study • City-wide impact analysis and master plan integration plan• Site Design and Visibility Analysis Custom Fitness Court Design Services & Construction & Installation Support • Customized Fitness Court powder-coating and decal design - no two Fitness Courts are the same!• Stamped and certified design plans, concrete slab drawings, and contractor management are provided by the NFC Activation Team. With all ready-to-build plans included, most installations require less than 90 days to complete from ground-breaking to launch.• NFC National Installation Partner Access - EIS (contracted separately) NFC Grant Funding Qualification • Access to qualify for NFC’s Grant Funding through NFC’s national partners to support seeding the program. Consensus Building Consulting • NFC has industry experts in project management, and from conception through execution, they will collaborate on an average of 2 intensive monthly planning calls to drive success. Sponsor Strategy Consulting Support • Up to 10 custom renderings provided by NFC Design Team to support outreach to local sponsors and partners. Up to 5 custom slide presentations provided for in-person meetings and internal stakeholder consensus-building. • Made for all climates• Almost no moving parts (only cables)• Equipment is anchor bolted into concrete• Replacement parts available through NFC• No requirement for disassembly in winter• Maintenance guide, including touch-up paint & necessary tooling included See Official Warranty for Full Coverage Detail Warranty + Maintenance *Not Included The Fitness Court App Free mobile app for iOS / Android teaches proper use, routines and challenges to all users • Classes: schedule, run and track attendance using the Fitness Court App back-end scheduling tool, providing live class management through the OnSched platform. Training and basic setup provided by NFC within 30 days of launch event.• Learn: video guides deliver workouts, and teach the basics for beginners on the Fitness Court. New content released quarterly, and updated by NFC National Training Team.• Train: individual audio guides. New content released quarterly, updated by NFC National Training Team.• Challenge: competitive tracking allows users to participate in timed, scored challenges, with an option to submit their scores to a national Leaderboard. Acts as a regional and national event qualification tool. FITNESS COURT® APP Programming and Training Tools Fitness Court Ambassadors build and sustain a healthy culture around the Fitness Court ecosystem • Learn: education modules provided by the NFC Training Team are eligible for a range of industry certifications, are offered both in-person and remote, and provide a range of class templates, coaching tips and more to qualified Ambassadors. Partnership includes program vouchers for up to 12 individual Ambassadors per Fitness Court, individually eligible for up to 3 continuing education credits (CECs), approved through the American Council on Exercise (ACE).• Train: classes, clinics and challenges become the building blocks of a Fitness Season, led by Ambassadors, that engage all ages and fitness levels. These guided workout options expand the user community and increase long-term usage and adoption.• Share: continuous online and print storytelling, engagement and social connection further build out a healthy culture on each Fitness Court. Up to five local Ambassadors are eligible to attend an in-person regional training event of their choice in 2020. *Regional training schedule provided May 2020 CERTIFIED AMBASSADOR TRAINING Promotions and Marketing PackageMedia support and community engagement materials excite users and strengthen program adoption • Custom Grant Announcement Kit: promote the development of the program in your community with NFC support through traditional and social media channels - including a custom Press Release, site rendering, and outreach planning tools.• Launch Event Promotions Toolkit: announce the launch of the Fitness Court on traditional media channels with a separate customized press release, outreach support and uniquely branded assets for social media.• NFC Website Feature Story: NFC-hosted custom storytelling showcases the partnership and program development in your community.• Fitness Court Gear: minimum $750 credit towards the official NFC gear store - gear and giveaways (provided in part by national Campaign sponsor, Badger Sport®) nurture Ambassador relationships, honor stakeholders and excite event attendees, to amplify launch activities.• Opening Day Launch Support: NFC provides event management templates, guidance for launch event planning, and custom promotional materials (flyer’s, media assets). MEDIA, PRESS, & PROMOTIONS Annual Activation Series: 2020 Fitness SeasonBring the Latest Events & Programs to Your Fitness Court® this Year! • Spring 2020 : 18 new workout routines & video tutorials introduced to the Fitness Court App, featuring pro trainer, Mark Lauren.• Summer 2020: Classes and Clinics support ongoing programming for group exercise and app-based class• Fall 2020: Challenge series builds competition & strengthens community. Marks the success of year’s activation program for all users.• Healthy Infrastructure Awards: annual recognition program highlighting exceptional partners and leaders nationwide, winners receive custom awards, decals and press support to announce FITNESS SEASON 2020 C A MPAIGN S E R V I C E S SAN FRANCISCO, USANATIONALFITNESSCAMPAIGN.COM INFO@NFCHQ.COM (415) 702-4919 NATIONAL FITNESS CAMPAIGN 2021 STATEWIDE CAMPAIGN BUDGET OVERVIEW This document is intended to provide an estimated total budget for developing and implementing the Fitness Court® program. This document gives a range of funding requirements needed for the Fitness Court®, Campaign and Installation. PROGRAM COST SITE WORK & INSTALLATION ESTIMATED INSTALL FUNDING REQUIRED: OVERALL TOTAL FUNDING NEEDED: • Concrete Slab • Fitness Court Assembly • Graphics Installation FREIGHT & PACKAGING NFC PROGRAM FUNDING NFC STATEWIDE GRANT AWARD NFC 2021 CAMPAIGN TOTAL FUNDING REQUIRED: - Site prep and excavation - 38’ x 38’ concrete slab (specs provided by NFC) - Labor costs for concrete slab - 32’ x 32’ sport tile installation (tile provided by NFC) - Assembly of bodyweight training wall - Assembly of Fitness Court elements - Floor markings paint installation - Labor costs for Fitness Court Assembly - Labor Cost for Sign Wall graphics & decal installation Standard Tier Custom Color Custom Color & Full Wrap • The Fitness Court® • 2021 Campaign: Healthy Infrastructure & Campaign Services Highlights Include: - Fitness Court Mobile App-Fitness Season 2021 Access-Promotions & Marketing Kits-Ambassador Training-Launch Day Kit • The Fitness Court® Installation Kit $128,000 $0 - $60,700 $105,000 $105,000 - $165,700 $2,000 $0 $0 $0 $19,500 $1,200 Full Wrap Graphics$6,000 $10,000 $12,500Included $130,000 (-$25,000) Continental United States Only See NFC Design Services Sheet for Additional Details +Tax Custom Fitness Court® Color & Design Options In-House External Team (NFC Prefered Install Team EIS Available) NF C C A M P A I G N DE S I G N IN S T A L L A T I O N $20,000- $40,000 ATTACHMENT 3 WHEAT RIDGECOLORADO 2020 CITY-WIDE PARTNERSHIP NATIONAL FITNESS CAMPAIGN ATTACHMENT 4 A Note from the NFC Team: The following overview of pedestrian analysis for Albemarle is presented as part of CPRA NFC state-wide campaign program services that provide support and guidance for building a healthy city network. These data sets and resources have now been made available to select 40 Partner Agencies who are now moving forward with state-wide campaigns and programs. The following pages are an excerpt of our analysis, which we are pleased to present and share with you. We look forward to working with you to further develop the site map and partnership. Please Note: These materials are the property of NFC and are made available to qualified candidates who are being considered for funding and or participation in the NFC Model Cities and Healthy Infrastructure program. Any reproduction or sharing of these materials is strictly forbidden and use of these materials is for work done in conjunction with NFC and its partners and sponsors. WHEAT RIDGECOLORADO Partnership Stage 2 : Evaluation 321Iconic Sites SITE SELECTIONS Accessibility Connectivity To support the campaigns’ initiative of world class free fitness for all, the Fitness Court should be placed in a publicly accessible area. The Fitness Court is designed as a piece of healthy infrastructure that pairs with city parks, trails and pedestrian infrastructure. Visibility plays a key role in bringing power and excitement to the Fitness Court. QUALIFY YOUR SITE FOR FUNDING city activity 2020 AGGREGATED ANONYMOUS DATA SET WHEAT RIDGE POPULATION 31,400 TRAILS Bike & Walking Paths PARKS City Parks & Open Space COUNCIL DISTRICTS City Breakdown CITY WIDE INVENTORY: PHYSICAL WHEAT RIDGE, CO 4 2 13 ACTIVITY NETWORK Running, Biking, Walking POPULATION DENSITY People per sq. Mile EQUITY MAP Median Household Income CITY WIDE INVENTORY: SOCIAL WHEAT RIDGE, CO ACTIVITY ANALYSIS: MOBILITY + OPEN SPACE FITNESS COURT SITE OPPORTUNITIES CITY PARKS WALKING RADIUS10 MINUTE = .5 MILE WALKABILITY WHEAT RIDGE, CO 10 M I N W A L K 4 2 1 3 PANORAMA PARK CREEKSIDE PARK HAYWARD PARK DETAILED ACTIVITY ANALYSIS: MOVEMENT WHEAT RIDGE, CO SITE MAP: RECOMMENDED SITE OPPORTUNITIES v PHASE 1 SITE OPPORTUNITIES PHASE 2 SITE OPPORTUNITIES Panorama ParkCreekside ParkHayward Park Prospect ParkDiscovery ParkAnderson ParkLight Rail- End of G LineClear Creek Crossing Prospect Park Light Rail - End of G Line Clear Creek Crossing Discovery Park Anderson Park Hayward Park Creekside Park Panorama Park WHEAT RIDGE, CO REQUIRED PROGRAM FUNDING: PER LOCATION WHEAT RIDGE, CO = $25,000 GRANT FROM NFC $105,000 LOCAL FUNDING MATCH$130,000 COURT INSTALL FITNESS COURT & CAMPAIGN ECOSYSTEM + REQUIRED PER FITNESS COURT TOTAL FUNDING +INSTALLATION CONCRETE SLAB + FITNESS COURT ASSEMBLY + GRAPHICS INSTALL BID OUTIN KIND IN HOUSE OROR SPONSORS NATIONWIDEOVER500 2021 STATE-WIDE PROGRAM REQUIRED PROGRAM FUNDING: TIMELINE APPLICATION SUBMISSION: OCTOBER 15, 2020 ADVANCE AWARD ANNOUNCEMENTS: NOVEMBER 1, 2020 SUBMIT MATCHING FUNDING: JUNE 15, 2021 PROGRAM LAUNCH: OCTOBER 1, 2021 WHEAT RIDGE, CO Next steps Feasibility Share Video - Build Consensus1 Evaluation Call Discuss Support, Evaluate Sites,Assess Funding2 Grant Application NFC Releases Application 3 Program Adopted NFC Awards Grant, Funding Development Begins4 A Note from the NFC Team: Please Note: These materials are the property of NFC and are made available to qualified candidates who are being considered for funding and or participation in the NFC Model Cities and Healthy Infrastructure program. Any reproduction or sharing of these materials is strictly forbidden and use of these materials is for work done in conjunction with NFC and its partners and sponsors. NATIONAL FITNESS CAMPAIGN WHEAT RIDGE COLORADO San Francisco, USA | Nationalfitnesscampaign.com | info@nfchq.com | 415.702.4919 ITEM NO: 2 DATE: December 14, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 22-2020 – AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 4990 PARFET STREET FROM PLANNED COMMERCIAL DEVELOPMENT (PCD) TO PLANNED INDUSTRIAL DEVELOPMENT (PID) WITH APPROVAL OF AN OUTLINE DEVELOPMENT PLAN (CASE NO. WZ-20-02 / AXIS 70 WEST) PUBLIC HEARING ORDINANCES FOR 1ST READING (12/14/20) BIDS/MOTIONS ORDINANCES FOR 2ND READING (01/11/21) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ __________________________________ Community Development Director City Manager ISSUE: The applicant is requesting approval of a zone change from Planned Commercial Development to Planned Industrial Development with approval of an Outline Development Plan for property located at 4990 Parfet Street (near the northeast corner of I-70 Frontage Road North and Parfet Street). The purpose of this request is to prepare the property for the development of a large format industrial land use. PRIOR ACTION: Planning Commission heard the request at a public hearing on December 3, 2020, and recommended approval. The staff report and meeting minutes from the Planning Commission meeting will be included with the ordinance for second reading. Council Action Form – Rezoning Property at 4990 Parfet Street from PCD to PID December 14, 2020 Page 2 FINANCIAL IMPACT: Fees in the amount of $2,349 were collected for the review and processing of Case No. WZ-20-02. Building permit and plan review fees, along with building use tax will be paid as part of the issuance of building permits BACKGROUND: The property is addressed as 4990 Parfet Street, and is bounded by Parfet Street to the west, I-70 Frontage Road North to the south, Oak Street to the east, and West 50th Avenue to the north. The property consists of two parcels, which are proposed to be consolidated through an administrative subdivision plat that is currently under staff review. The two parcels total approximately 10.58 acres in area and are presently vacant land. Surrounding Land Uses The property is currently zoned Planned Commercial Development (PCD), specifically Medved Chevrolet PCD. Most of the surrounding zoning is industrial: southeast, east, and northeast of the property is zoned Planned Industrial Development (PID), north is Industrial-Employment (I-E), northwest is Agricultural-One (A-1), west (Medved) is Commercial-One (C-1), and southwest (parcel with the billboards) is Commercial-Two (C-2). There is an approximately 22 feet wide parcel that runs parallel to the property immediately south that belongs to a railroad company and is zoned C-1. Current and Proposed Zoning The property is currently zoned Planned Commercial Development (PCD), specifically Medved Chevrolet PCD. In 2005, the owner of Medved Colorado (the auto dealership across Parfet St. to the west) rezoned the property with the intention of it being an extension of the existing dealership. However, the PCD development never came to fruition and the land remains undeveloped. Under the current zoning, the site can only be developed as an auto dealership with associated ancillary uses; therefore, a rezoning is necessary to accommodate anything other than an auto dealership. The proposed ODP largely follows the allowances of Industrial-Employment (I-E) zoning; however, because of the unique challenges of the site and proposal for such a large-scale industrial building for which City standards do not contemplate, not all standards of the I-E zone district can be met. For these reasons, the applicant has proposed a rezoning to Planned Industrial Development (PID), with standards set forth within the ODP. The customized standards are the direct result of the nature of large-format industrial development and a result of unique site conditions, including: multiple street frontages, multiple irrigation ditches and drainage channels, a multitude of necessary easements, a high water table, and the need to accommodate the turning movements of large trucks. A complete analysis of the zone change criteria and the ODP will be included with the ordinance for second reading. Council Action Form – Rezoning Property at 4990 Parfet Street from PCD to PID December 14, 2020 Page 3 Related Applications Rezoning to a planned development in the City of Wheat Ridge entails approval of two documents. The first is the Outline Development Plan, which, if approved, changes the zoning designation on the land, establishes allowed uses and development standards for the property, and establishes access configurations for vehicles, pedestrians, and bicycles. The second document is the Specific Development Plan (SDP), which focuses on specific details of a development such as site design, architecture, landscaping, and drainage design. Section 26-302 of the Municipal Code allows for concurrent or sequential applications for the ODP and SDP. In this case, the applicant is requesting concurrent review of the ODP and SDP. Because the zone change is the only document approved by ordinance, it is the only component that requires a first reading. Both the ODP and SDP will be presented at the second reading. RECOMMENDATIONS: The application in this case is for the rezoning of property. This action is quasi-judicial, and as a result, the applicant is entitled to a public hearing on the application. As Council is aware, rezoning in Wheat Ridge is accomplished by ordinance (Charter Sec. 5.10; Code Section 26-112). Ordinances require two readings, and by Charter, the public hearing takes place on second reading. First reading in these cases is a procedural action that merely sets the date for the (second reading) public hearing. No testimony is taken on first reading. Because it is important that the applicant and all interested parties have their due process rights to a hearing, the City Attorney advises Council to approve rezoning ordinances on first reading. This merely sets the date for the public hearing, and for this reason, the packet materials provided on first reading are generally limited. The Planning Commission packet and minutes will be included in the City Council packet for the public hearing. RECOMMENDED MOTION: “I move to approve Council Bill No. 22-2020, an ordinance approving the rezoning of property located at 4990 Parfet Street from Planned Commercial Development (PCD) to Planned Industrial Development (PID) with approval of an Outline Development Plan, on first reading for the sole purpose of ordering it published for a public hearing set for Monday, January 11, 2021 at 7 p.m. as a virtual meeting.” REPORT PREPARED/REVIEWED BY: Stephanie Stevens, Senior Planner Lauren Mikulak, Planning Manager Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 22-2020 ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER _________ COUNCIL BILL NO. 22 ORDINANCE NO. _________ Series of 2020 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 4990 PARFET STREET FROM PLANNED COMMERCIAL DEVELOPMENT (PCD) TO PLANNED INDUSTRIAL DEVELOPMENT (PID) WITH APPROVAL OF AN OUTLINE DEVELOPMENT PLAN (CASE NO. WZ 20-02 / AXIS 70 WEST) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City’s review and approval of requests for land use cases; and, WHEREAS, Industrial Partners Qualified Opportunity Fund, LLLP submitted a land use application for approval of a zone change to the Planning Industrial District (PID) for property at 4990 Parfet Street; and, WHEREAS, the City of Wheat Ridge has adopted a Comprehensive Plan, Envision Wheat Ridge, which calls for the creation of a resilient local economy based on a balanced mix of land uses; and, WHEREAS, the proposed planned development is necessary and appropriate to accommodate a large-format industrial land use which is not contemplated in the City’s standard zoning codes; and, WHEREAS, the zone change criteria support the request; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on December 3, 2020 and voted to recommend approval of the rezoning of the property to Planned Industrial Development (PID). NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Industrial Partners Qualified Opportunity Fund, LLLP for approval of a zone change ordinance from Planned Commercial Development (PCD) to Planned Industrial Development (PID) for property located at 4990 Parfet Street, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: A PARCEL OF LAND LOCATED IN THE SOUTHWEST ¼ OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY LINE OF THAT PARCEL OF -2- LAND RECORDED IN BOOK 126 AT PAGE 583 IN THE CLERK AND RECORDERS OFFICE OF JEFFERSON COUNTY FROM WHENCE THE SOUTH ¼ CORNER OF SAID SECTION 16 BEARS S00°12'56"E, 488.60 FEET; THENCE S73°50'05"W ALONG SAID SOUTHERLY LINE OF THAT PARCEL OF LAND RECORDED IN BOOK 126 AT PAGE 583 IN THE CLERK AND RECORDERS OFFICE OF JEFFERSON COUNTY RECORDS, 549.59 FEET TO A POINT ON THE EAST LINE OF PARFET STREET AS RECORDED IN BOOK 155 AT PAGE 424 IN THE CLERK AND RECORDER'S OFFICE OF JEFFERSON COUNTY; THENCE N00°12'41"W ALONG SAID EAST LINE OF PARFET STREET, 96.79 FEET; THENCE N00°21'29"W ALONG SAID EAST LINE OF PARFET STREET, 754.84 FEET TO THE SOUTHWEST CORNER OF THAT PARCEL OF LAND DESCRIBED IN BOOK 1329 AT PAGE 127 IN THE CLERK AND RECORDER'S OFFICE OF JEFFERSON COUNTY; THENCE N89°29'17"E ALONG THE SOUTH LINE OF SAID PARCEL, 139.89 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL; THENCE N00°19'39"W ALONG THE EAST LINE OF SAID PARCEL, 126.49 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHEAST ¼ SOUTHWEST ¼ OF SAID SECTION 16; THENCE N89°29'34"E ALONG SAID NORTH LINE, 390.68 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST ¼ SOUTHWEST ¼ OF SAID SECTION 16; THENCE S00°12'56"E ALONG THE EAST LINE OF THE SOUTHEAST ¼ SOUTHWEST ¼ OF SAID SECTION 16, 829.81 FEET TO THE POINT OF BEGINNING, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability; Conflicting Ordinance Repealed. If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter. -3- INTRODUCED, READ, AND ADOPTED on first reading by a vote of __ to __ on this 14th day of December 2020, ordered it published with Public Hearing and consideration on final passage set for Monday, January 11, 2021 at 7:00 o’clock p.m., as a virtual meeting, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _____ to _____, this _____ day of ___________, 2021. SIGNED by the Mayor on this _______ day of _______________, 2021. _________________________ Bud Starker, Mayor ATTEST: ________________________ Steve Kirkpatrick, City Clerk Approved as to Form ________________________________ Gerald Dahl, City Attorney 1st publication: December 17, 2020 2nd publication: January 14, 2021 Jeffco Transcript Effective Date: January 29, 2021 Published: Jeffco Transcript and www.ci.wheatridge.co.us ITEM NO: 3 DATE: December 14, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 21-2020 – AN ORDINANCE APPROVING AN OUTLINE DEVELOPMENT PLAN (ODP) AMENDMENT TO CHANGE THE SIGN STANDARDS ON PROPERTY ZONED PLANNED COMMERCIAL DEVELOPMENT (PCD) AND LOCATED AT 7760 W. 38TH AVENUE (CASE NO. WZ-20-07) PUBLIC HEARING ORDINANCES FOR 1ST READING (12/14/2020) BIDS/MOTIONS ORDINANCES FOR 2ND READING (01/11/2021) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ _____________________________ Community Development Director City Manager ISSUE: The applicant is requesting an Outline Development Plan Amendment to revise the existing sign standards which are more restrictive than the City’s regular sign code. The applicant is requesting an amendment such that City’s regular sign code applies to the subject property. This in turn would allow for installation of a new freestanding sign. PRIOR ACTION: Planning Commission heard the request at a public hearing on November 19, 2020, and recommended approval. The Planning Division staff report and draft meeting minutes from the Planning Commission meeting will be included with the ordinance for second reading. FINANCIAL IMPACT: Fees in the amount of $1,243.25 were collected for the review and processing of Case No. WZ-20-07. If the ODP Amendment is approved, next steps would include building permits for any new signs, and review fees as well as use tax would be paid as part of those processes. Council Action Form – Wheat Ridge Plaza ODP Amendment December 14, 2020 Page 2 BACKGROUND: Existing Conditions The property is located on the south side of W. 38th Avenue between Yukon Court and Allison Street, about a block west of the intersection of W. 38th Avenue and Wadsworth Boulevard. W. 38th Avenue is a major east-west arterial road in the City of Wheat Ridge. The property is zoned Wheat Ridge Plaza Planned Commercial Development. To the north and east are primarily commercial uses; these include The Corners and Wilmore Center commercial centers. To the immediate southeast and south of the site are multifamily residential uses, while to the west are mostly single-family residential homes. Further to the west is the Lutheran Medical campus. According to the Jefferson County Assessor, the lot area measures 91,171 square feet (2.093 acres) in size and contains an office building built in 1979. The existing four-story building on the site contains primarily offices for a union, with a floor area of about 11,475 square feet. Access to the site is gained from W. 38th Avenue through an access easement that is shared with the residential buildings to the south. The existing entrance freestanding sign is just under 10 feet with a sign face measuring about 82 sq.ft., making it nonconforming based on the current ODP sign standards. Proposed Amendment There are two distinct steps in establishing a planned development: approval of an outline development plan (ODP) and approval of a specific development plan (SDP). The ODP establishes the zoning, overall development concepts, permitted uses, and development parameters. Sign standards are part of an ODP, and that document currently allows only one project identification sign at the site entrance with a maximum area of 50 sq.ft. and a maximum height of 10 feet. This is significantly more restrictive than the City’s standard sign code, and unnecessarily so. The applicant would like to replace the existing freestanding sign with a new one. They feel the current sign is “outdated” and would like an updated sign to better market the building. It is unclear based on City records why the existing sign does not conform with the ODP sign standards (it is slightly larger than permitted by the ODP). Many older ODPs were written to allow only what was proposed at the time and in that sense are perhaps overly restrictive. This is a good example in which there is no clear reason why the sign standards in the ODP are so limiting. By changing the ODP sign standards to follow the City’s standard sign standards, not only would it bring the existing sign into conformance, but it will also encourage reinvestment in a property since the applicant would like to install a new sign. Furthermore, new signs proposed for the commercial properties to the east already need to adhere to the City’s sign code. Therefore, the amendment would result in signs that match the character of the area. Besides the sign standards, all other development standards remain unchanged and refer to the previous ODP amendment. It is not possible to achieve a larger sign through a variance process. For a planned development, the standards must be changed through a zone change process. The following table compares the existing freestanding sign conditions to the existing ODP sign standards and to the City’s Council Action Form – Wheat Ridge Plaza ODP Amendment December 14, 2020 Page 3 standard sign code. Per the City’s sign code, location and maximum sign face measurements are determined by the proposed height of the sign and the floor area of the associated building, respectively. EXISTING CONDITIONS CURRENT ODP STANDARDS CITY’S SIGN CODE Location ~ 18’ from ROW line Site Entrance Min. 10’ from Row if 7’-15’ tall Sign Face ~ 82 sf Max. 50 sf Min. 150 sf Height ~ 10’ Max. 10’ Max. 15’ RECOMMENDATIONS: The application in this case is for the rezoning of property. This action is quasi-judicial, and as a result, the applicant is entitled to a public hearing on the application. As Council is aware, rezoning in Wheat Ridge is accomplished by ordinance (Charter Sec. 5.10; Code Section 26-112). Ordinances require two readings, and by Charter, the public hearing takes place on second reading. First reading in these cases is a procedural action that merely sets the date for the (second reading) public hearing. No testimony is taken on first reading. Because it is important that the applicant and all interested parties have their due process rights to a hearing, the City Attorney advises Council to approve rezoning ordinances on first reading. This merely sets the date for the public hearing, and for this reason, the packet materials provided on first reading are generally limited. The Planning Commission packet and minutes will be included in the City Council packet for the public hearing. RECOMMENDED MOTION: “I move to approve Council Bill No. 21-2020, an ordinance approving an Outline Development Plan (ODP) Amendment to change the sign standards on property zoned Planned Commercial Development (PCD) and located at 7760 W. 38th Avenue, order it published, with public hearing set for Monday, January 11, 2021 at 7:00 p.m. as a virtual meeting, and that it take effect 15 days after publication.” REPORT PREPARED/REVIEWED BY: Zareen Tasneem, Planner I Lauren Mikulak, Planning Manager Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 21-2020 ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER _________ COUNCIL BILL NO. 21 ORDINANCE NO. _________ Series of 2020 TITLE: AN ORDINANCE APPROVING AN OUTLINE DEVELOPMENT PLAN (ODP) AMENDMENT TO CHANGE THE SIGN STANDARDS ON PROPERTY ZONED PLANNED COMMERCIAL DEVELOPMENT (PCD) AND LOCATED AT 7760 W. 38TH AVENUE (CASE NO. WZ-20-07) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City’s review and approval of requests for land use cases; and, WHEREAS, UFCW Local 7 submitted a land use application for approval of an amendment to the existing Planned Commercial Development (PCD) zoning for property at 7760 W. 38th Avenue; and, WHEREAS, the City of Wheat Ridge has adopted a Comprehensive Plan, Envision Wheat Ridge, which calls for the site to function as a neighborhood buffer area; and, WHEREAS, the amendment aligns with the changing needs of the development; and, WHEREAS, the zone change criteria support the request; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on November 19, 2020 and voted to recommend approval of the application. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by UFCW Local 7 for approval of an amendment to the existing Planned Commercial Development (PCD) zoning at 7760 W. 38th Avenue, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: LOT 2, A RESUBDIVISION OF WHEAT RIDGE PLAZA, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability; Conflicting Ordinance Repealed. If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of __ to __ on this 14th day of December, 2020, ordered it published with Public Hearing and consideration on final passage set for Monday, January 11, 2021 at 7:00 o’clock p.m., as a virtual meeting, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _____ to _____, this _____ day of ___________, 2021. SIGNED by the Mayor on this _______ day of _______________, 2021. _________________________ Bud Starker, Mayor ATTEST: ________________________ Steve Kirkpatrick, City Clerk Approved as to Form ________________________________ Gerald Dahl, City Attorney 1st publication: December 17, 2020 2nd publication: January 14, 2021 Jeffco Transcript Effective Date: January 29, 2021 Published: Jeffco Transcript and www.ci.wheatridge.co.us ITEM NO: 4 DATE: December 14, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 23-2020 – AN ORDINANCE REPEALING AND REENACTING SECTION 26-609 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING ACCESS TO PUBLIC STREETS AND MAKING CONFORMING AMENDMENTS (CASE NO. ZOA-20-07) PUBLIC HEARING ORDINANCES FOR 1ST READING (12/14/2020) BIDS/MOTIONS ORDINANCES FOR 2ND READING (01/11/2021) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ____________________________________ Community Development Director City Manager ISSUE: The zoning code requires that all new development have access to public streets. It outlines several stipulations for residential and nonresidential developments. Code section 26-609 discusses access requirements, but does not reflect current development patterns, so the proposed amendment repeals and reenacts this section and updates cross references. The purpose of the amendment is to provide more specificity for commercial and industrial land uses, more flexibility for residential land uses, and more detailed guidance overall. The overarching goal is to ensure that access and circulation designs support logical and high-quality site design. PRIOR ACTION: In June 2020, code provisions related to access were a point of discussion in the context of a proposed residential development. Planning Commission reviewed the proposed ordinance at a public hearing on November 19, 2020 and recommended approval. Meeting minutes from the Planning Commission public hearing will be included with the ordinance for second reading. FINANCIAL IMPACT: No financial impact is expected. Council Action Form – Street Access December 14, 2020 Page 2 BACKGROUND: Current Code Section 26-609 of the code describes how development must gain access to public streets. It requires the following: • All development must have access to a public street. • Access can be direct access to the street or via easement or private roadway of at least 25 feet in width. • Private roadways or easements may serve no more than four (4) dwelling units. • For nonresidential uses in residential zone districts, private roadways or easements may serve no more than 10,000 square feet of gross floor area. • For commercial and industrial uses, private roadways or easements are permitted with review and approval by the Community Development Director and Fire District. Portions of this code section are cross-referenced in the subdivision regulations, with references to public and private streets appearing in definitions in several articles of the zoning code. The four (4) dwelling unit limitation is a vestige from the City’s original zoning code. The City’s first code had a limitation of three (3) units which was later increased to four (4). The reason for this limitation was likely not simply to limit density, but to limit developers from building substandard private streets which was a more common practice decades ago. Additionally, the limitation was in place during a time when development in Wheat Ridge was predominantly single- family detached units. The City did not see any large-scale market rate multifamily development between the 1980s and 2016. Likewise, the zoning code was not originally written to acknowledge attached single-family units; the term “townhome” did not appear in the code until 2010 when the mixed use zone districts were written. The City’s historic overreliance on Planned Development zoning has provided a mechanism by which private streets can be utilized for more units through the planned development review process. Over the last 20 years, the 4-unit limitation has been enforced by policy to refer only to single family detached units based on the original context of the code. To interpret otherwise would have been exclusionary zoning. Proposed Code An update to this code section is overdue as the City’s reliance on planned developments has been diminishing over the past decade. The less dependent the City is on planned developments or case- by-case zoning, the more tools we need in the code to ensure high quality development across the City as a whole. In June 2020, the 4-unit private drive limitation was a point of discussion in the context of a proposed Planned Residential Development. The issue was moot as a planned development allows such proposals, but the discussion highlighted an important point: street and circulation designs should abet logical and high quality design, and such provisions related to access are not the appropriate tool by which to regulate density or land use. Zoning (permitted uses and development standards) dictate permitted use and density. In consultation with the City Attorney’s office, staff has since prioritized this code update to provide better clarity for decision makers, applicants, and the public. The current language in Council Action Form – Street Access December 14, 2020 Page 3 Section 26-609, allows, in short, wide discretion in the approval of access for commercial and industrial developments, but it does not include any specific considerations. Conversely, for residential uses, the code is limiting and does not address multifamily or townhome contexts. The zoning code needs to reflect our current infill reality with more specificity for commercial and industrial land uses, more flexibility for residential land uses, and more detailed guidance overall. The proposed code reflects current and best practice by outlining a series of specific considerations to be applied in the context of all types of development when determining how property accesses the public road network. The City currently has and will retain sole discretion over whether a property has access to streets through public or private roadways. The code adds specificity by itemizing the following considerations by which such design and decision is made: • Maintenance, • Design, • Emergency/fire access, • Merits of alternate designs, • Land use (number of units or size of nonresidential), • Block length, • Impact on existing street network, and • Bicycle and pedestrian facilities. Conforming amendments are necessary in several code sections. In the current code, the provisions of Section 26-609 (access to public streets) are only partially duplicated in the subdivision regulations, so the latter is now updated to simply reference Section 26-609. Equally problematic, the current code has inconsistent street-related definitions in three separate articles of the zoning code (Articles I, IV, and XI); this ordinance fixes the issue by replicating definitions from Article XI (mixed use code) in other sections. Recommendation and Next Steps In practice, the City’s Development Review Team reviews all site designs and access configurations. This team includes over 15 staff members from the Planning Division, Building Division, Engineering Division, Economic Development, Public Works, Community Development, the City Engineer and several fire districts. Review of and revisions to access and circulation are often among the first and most robust discussions. The City’s codes related to access need to better complement the overriding intent of the zoning and subdivision regulations: to promote efficient circulation; improve connectivity; accommodate safe movement of vehicles, bicycles and pedestrians; and minimize the number of curb cuts. The proposed code amendment will provide staff and decision makers a better basis to make review comments and to ensure safe, logical, and high-quality access and circulation. As noted above, City Council discussed this code section in the context of a planned development earlier in the year, and subsequently the City Attorney’s office worked with staff to update the code to provide better clarity. Council Action Form – Street Access December 14, 2020 Page 4 RECOMMENDATIONS: Staff recommends approval of the ordinance. RECOMMENDED MOTION: “I move to approve Council Bill No. 23-2020, an ordinance repealing and reenacting Section 26-609 of the Wheat Ridge Code of Laws concerning access to public streets and making conforming amendments, on first reading, order it published, public hearing set for Monday, January 11, 2021 at 7:00 p.m. as a virtual meeting, and that it take effect 15 days after final publication.” Or, “I move to postpone indefinitely Council Bill No. 23-2020, an ordinance repealing and reenacting Section 26-609 of the Wheat Ridge Code of Laws concerning access to public streets and making conforming amendments, for the following reason(s) _________________.” REPORT PREPARED/REVIEWED BY: Lauren Mikulak, Planning Manager Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 23-2020 2. Street access examples ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ COUNCIL BILL NO. 23 ORDINANCE NO. _________ Series 2020 TITLE: AN ORDINANCE REPEALING AND REENACTING SECTION 26-609 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING ACCESS TO PUBLIC STREETS AND MAKING CONFORMING AMENDMENTS WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety and welfare; and WHEREAS, in the exercise of this authority the City Council has previously enacted Section 26–609 of the Wheat Ridge Code of Laws (Code), setting requirements for access to public streets; and WHEREAS, in order to recognize changing patterns of residential and commercial development, the City Council wishes to amend these requirements to provide specific considerations used when reviewing and approving access and designs. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26–609 (Access to public streets) of the Wheat Ridge Code of Laws is hereby repealed and reenacted to read in its entirety as follows: A. Access to public streets required. No building permit or certificate of occupancy shall be issued or approved for any structures not adjacent to a full width dedicated street, as required by Article IV hereof, or, alternatively, on easements or private roadways of record having a minimum width of twenty-four (24) feet, or upon a combination of full width dedicated streets or private roadways or easements, within the restrictions imposed by this section. B. Use of private drives, roadways, and easements of record. To the extent the development is proposed to rely upon access to the public roadway system through the use of private drives, roadways, and/or recorded easements of record, approval for the same may be granted or withheld by the City in its sole discretion, based upon one or more the following considerations: 1. The nature and extent of provisions for long-term maintenance of such private roadways or easements, through a special district, homeowners association, or other means. 2. The design and grade of the proposed roadway or easement, and the extent to which the same meets or varies from the requirements for full width dedicated streets under Article 4 hereof. 3. Whether the proposed roadway or easement is a logical design and meets requirements for fire access. 4. The merits of alternate designs for the proposed access. 5. The number of residential units and/or amount of commercial property/units proposed to be served by the roadway or easement. 6. The length of block or area served. 7. The impact of the design and use of the roadway or easement upon the immediately adjacent publicly dedicated street network. 8. Whether bicycle and pedestrian facilities are provided on the site consistent with the requirements of the zoning code, including the Architectural and Site and Design Manual and Streetscape Design Manual. C. Review procedure. The City shall review any proposal for use of private drives, roadways, and/or easements under this section and shall approve, approve with conditions, or deny such use pursuant to the review procedure applicable to the subject development, including without limitation site development plan, specific development plan, planned building group, and/or subdivision plat. Section 2. Section 26–404 (Definitions) of the Wheat Ridge Code of Laws is amended as follows: Alley: A right-of-way, dedicated to public uses, which gives a primary or secondary means of vehicular access to the rear or side of properties otherwise abutting a street, and which may be used for public vehicular and/or utility access. A PUBLIC OR PRIVATE THOROUGHFARE WHICH GIVES SECONDARY MEANS OF PUBLIC ACCESS TO ABUTTING PROPERTIES OR BUILDINGS DRIVEWAY. A THOROUGHFARE FOR VEHICLES PROVIDING ACCESS FROM A PUBLIC OR PRIVATE STREET OR ALLEY TO A DWELLING UNIT OR TO A PARKING AREA SERVING STRUCTURES OR FACILITIES. Private drive: A thoroughfare for vehicular traffic which provides access to no more than four (4) dwelling units. (can remove this definition) Public Street: A dedicated public thoroughfare for vehicular traffic in accordance with the requirements as set forth in the subdivision regulations, the comprehensive plan, the Bicycle and Pedestrian Master Plan, and the Streetscape Design Manual of the City of Wheat Ridge. A PUBLIC OR PRIVATE THOROUGHFARE FOR VEHICULAR TRAFFIC, OTHER THAN AN ALLEY OR DRIVEWAY. Section 3. Section 26–412 (Street design) of the Wheat Ridge Code of Laws is amended as follows: A. General. […] 3. Private streets, ALLEYS AND/OR DRIVEWAYS MAY OR MAY NOT BE PERMITTED AT THE SOLE DISCRETION OF THE CITY PURSUANT TO THE PROVISIONS OF SECTION 26-609shall not be allowed. […] B. Access. 1. ACCESS TO A PUBLIC STREET SHALL BE PROVIDED PURSUANT TO THE PROVISIONS OF SECTION 26-609. For residential subdivisions, all lots shall have frontage on a public street with the exception of those lots served by private drive or easements. Private drives shall have a minimum width of twenty-five (25) feet, shall be designated by recorded easement, and shall provide access to no more than four (4) dwelling units. Section 4. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this 14th day of December, 2020, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for Monday, January 11, 2021 at 7:00 o’clock p.m., as a virtual meeting, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this 11th day of January, 2021. SIGNED by the Mayor on this _____ day of January, 2021. _________________________ Bud Starker, Mayor ATTEST: ________________________ Steve Kirkpatrick, City Clerk Approved as to Form ________________________________ Gerald Dahl, City Attorney 1st publication: December 17, 2020 2nd publication: January 14, 2021 Jeffco Transcript Effective Date: January 29, 2021 Published: Jeffco Transcript and www.ci.wheatridge.co.us Nearly every development in Wheat Ridge—old and new—provides a different case study for a conversation about access. The following three examples demonstrate the wide range of possibilities for private and public access to the road network. Every development is unique and code provisions that support good planning but allow flexibility is important. Example 1 – Teller Subdivision Filing No. 1 was approved in 2017, creating six (6) lots for six (6) detached single family homes at 2822 Teller Street. An access easement for a shared private drive is shaded in blue. Because of the current 4-unit limitation on private drives, only the eastern four (4) lots can utilize the shared drive, and the subdivision includes a plat note requiring the western two (2) lots to have direct access off of Teller Street. This results in three (3) separate curb cuts on Teller along a relatively short frontage. In addition, the maintenance of the private drive is shared among only four (4) homeowners instead of six (6). The lot layout meets the zoning, but a shared drive among all six (6) lots would have improved the streetscape with fewer curb cuts and fewer garages oriented to the street, and would have resulted in better economy of scale with shared maintenance costs. Te l l e r S t r e e t ATTACHMENT 2 Example 2 – Yarrow Gardens is a townhome development which was rezoned, platted, and site planned from 2016 to 2018. The site is organized around a private loop road, portions of which resemble alleys or driveways, and portions of which appear more street-like with on-street parking and sidewalks. It does not make sense for the City to own or maintain streets in a project of this size or with this looped design which is disconnected from the overarching street grid. In this case, the City approved a metro district, and the district is responsible for maintenance and plowing of the roadways. This project is one of several townhome projects for which private drives make sense. The proposed code amendment may not have resulted in any changes to this design but would have provided better guidance through the entitlement process. W 44th Avenue Ya r r o w S t r e e t Example 3 – The Clear Creek Crossing development will include a mixture of public and private roadway facilities. Clear Creek Drive and W. 40th Avenue are dedicated as public rights-of-way with sidewalks and street lights. Central to the circulation plan is a loop road that functions as the local street network between planning areas (shown as the dashed white line). That loop road will be privately owned. This allows more flexibility in its alignment as SDPs are submitted for each planning area. It also allows the development to remove snow from this major interior drive more frequently than the City would otherwise plow a local street. Minimum design requirements are provided in the projects zoning documents, and it will still comply with engineering and fire district requirements. A metro district is in place to maintain these kinds of improvements. This arrangement is permitted by the current code, and common for developments of this size. The proposed code mirrors the process and considerations that were made in determining the design of roadways. If the City had determined it important for any other segment to be public, the proposed code would be clearer in providing that sole discretion. ITEM NO: 5 DATE: December 14, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 24-2020 - AN ORDINANCE REPEALING AND REENACTING SECTION 7-6 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING CREATION OF A PROCESS FOR ADDRESSING COMPLAINTS ALLEGING CAMPAIGN FINANCE VIOLATIONS IN CITY ELECTIONS PUBLIC HEARING ORDINANCES FOR 1ST READING (12/14/2020) BIDS/MOTIONS ORDINANCES FOR 2ND READING (01/25/2021) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ City Attorney City Manager ISSUE: Recent State legislation assigns the responsibility for conducting hearings concerning alleged campaign finance violations in City elections to the City. The City’s present ordinance for the conduct of hearings regarding election matters pre-dates the State legislation and is in need of updating in light of the new State law. PRIOR ACTION: The attached ordinance was discussed at a Council study session held on October 19, 2020. An amendment to address the possibility of a complaint against the clerk was suggested and has been incorporated into the attached ordinance (at paragraph (v)). FINANCIAL IMPACT: Cost of employing an independent hearing officer, should a campaign finance complaint be filed that cannot, or is not remedied through the cure process. BACKGROUND: Prior to 2019, complaints alleging violations of Art XXVIII of the Colorado Constitution or the State Fair Campaign Practices Act (FCPA) in municipal elections were filed with the Secretary of State. During its 2019 regular session, the Colorado General Assembly enacted SB19-232, CAF – Campaign Finance Violation Hearing Process December 14, 2020 Page 2 which changed this process, providing instead that “any complaint arising out of a municipal campaign finance matter must be exclusively filed with the clerk of the …municipality.” (codified at C.R.S. 1-45-111.7(9)(b)) The passage of SB19-232 has resulted in municipalities across Colorado adopting local complaint procedures, in order to address campaign finance complaints that may arise in their local elections. Many of these ordinances adopt a procedure similar to that set forth by the General Assembly in SB19-232 for processing such complaints in State elections. Current Code The City Code contains, at Sec 7-6, a process for handling complaints arising under the elections chapter of the Code. This provision, which pre-dates SB19-232, does not contain many of the elements of the complaint process set forth in the State legislation, such as provisions for initial review of the complaint, a cure period, an independent hearing officer and a detailed timeline for the complaint process. Proposed Code amendment The proposed amendment to the Code rewrites section 7-6 to address campaign finance complaints. This ordinance is modeled after the complaint process set forth in SB19-232 for complaints filed with the State, as well as various municipal ordinances implementing local complaint processes in the wake of the State legislation. The proposed complaint process includes the following elements: • A detailed process for filing a complaint in writing, followed by initial review by the municipal clerk. • Authority of the clerk to dismiss the complaint, provide an opportunity to cure deficiencies in the complaint, or set the complaint for a hearing. • A process for the conduct of a hearing by an independent hearing officer. • Authority of the hearing officer to impose penalties of at least twice the amount contributed, received or spent unlawfully, a daily civil penalty for delinquent filings, as well as other penalties. • Provision that the municipal judge will perform the functions of the clerk under this ordinance if a complaint involves a city clerk candidate. RECOMMENDATIONS: Staff recommends approval of this ordinance. RECOMMENDED MOTION: “I move to approve Council Bill No. 24-2020, an ordinance repealing and reenacting Section 7-6 of the Wheat Ridge Code of Laws concerning creation of a process for addressing complaints alleging campaign finance violations in City elections on first reading, order it published, public hearing set for January 25, 2021 at 7:00 p.m. in a virtual meeting.” Or, CAF – Campaign Finance Violation Hearing Process December 14, 2020 Page 3 “I move to postpone indefinitely Council Bill No. 24-2020, an ordinance repealing and reenacting Section 7-6 of the Wheat Ridge Code of Laws concerning complaints alleging campaign finance violations in City elections for the following reason(s)____________.” REPORT PREPARED/REVIEWED BY: Gerald Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 24-2020 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ COUNCIL BILL NO. 24 ORDINANCE NO. _________ Series 2020 TITLE: ANORDINANCE CONCERNING ELECTIONS, AND IN CONNECTION THEREWITH, REPEALING AND REENACTING SECTION 7-6 OF THE WHEAT RIDGE CODE OF LAWS TO CREATE A PROCESS FOR ADDRESSING COMPLAINTS ALLEGING CAMPAIGN FINANCE LAW VIOLATIONS, AND AMENDING SECTION 7-1 TO CLARIFY WHICH LAWS APPLY TO CITY ELECTIONS WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances regulating matters concerning campaign finance in municipal elections, including the provision of a complaint process relating thereto; and WHEREAS, in the exercise of this authority, the Council has previously enacted section 7-6 of the Code of Laws (the "Code"), concerning election hearing procedures; and WHEREAS, in its 2019 Regular Session, the Colorado General Assembly adopted SB19-232, which provides, inter alia, that “any complaint arising out of a municipal campaign finance matter must be exclusively filed with the clerk of the …municipality”; and WHEREAS, the 2019 legislation necessitates an update to the process by which the City may address complaints alleging violation of the campaign finance laws applicable in City elections, which update also presents an opportunity to clarify which laws govern City elections. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 7-1 of the Wheat Ridge Code of Laws is amended by the addition of the following subsections, as follows: Sec. 7-1. State election codes adopted. Except as otherwise provided by charter or ordinance, including the provisions of this Chapter, the following statutes, as the same presently exist or as they may be in the future amended, are hereby adopted by the City and shall govern the conduct of all elections held within the City: ATTACHMENT 1 -2- (a) C.R.S. 31-10-101 et seq., also known as the "Colorado Municipal Election Code," (b) C.R.S. 1-1-102 et seq., also known as the "Uniform Election Code," and (c) C.R.S. 1-45-101 et seq., also known as the "Fair Campaign Practices Act." (d) C.R.S. 31-11-101 ET SEQ., THE LAW GOVERNING MUNICIPAL INITIATIVES, REFERENDA AND REFERRED MEASURES, (e) C.R.S. 31-4-501, ET SEQ., THE LAW GOVERNING MUNICIPAL RECALLS, AND, (f) C.R.S. 31-2-201, ET SEQ., THE LAW GOVERNING THE ADOPTION AND AMENDMENT OF THE HOME RULE CHARTER. Section 2. Section 7-6 of the Wheat Ridge Code of Laws is repealed and reenacted, to read in its entirety as follows: SEC. 7-6 ENFORCEMENT OF THIRD-PARTY COMPLAINTS. (a) ANY PERSON WHO BELIEVES A VIOLATION OF ARTICLE XXVIII OF THE COLORADO CONSTITUTION, THE FAIR CAMPAIGN PRACTICES ACT (SECTION 1-45-101 ET SEQ., C.R.S.), AS AMENDED BY THIS CODE, HAS OCCURRED RELATED TO A CITY ELECTION MAY FILE A WRITTEN COMPLAINT WITH THE CITY CLERK. (b) COMPLAINTS MUST BE FILED NO LATER THAN NINETY (90) CALENDAR DAYS AFTER THE COMPLAINANT KNEW OR SHOULD HAVE KNOWN BY THE EXERCISE OF REASONABLE DILIGENCE OF THE ALLEGED VIOLATION. (c) A WRITTEN COMPLAINT FILED WITH THE CITY CLERK SHALL INCLUDE THE CITY CLERK'S COMPLAINT COVER SHEET WHICH MUST INCLUDE THE FOLLOWING INFORMATION: (1) THE NAME, ADDRESS, E-MAIL ADDRESS, TELEPHONE NUMBER AND SIGNATURE OF THE COMPLAINANT (IF THE COMPLAINANT IS REPRESENTED BY COUNSEL, INCLUDE THE COUNSEL'S NAME, ADDRESS, E-MAIL ADDRESS, TELEPHONE NUMBER AND SIGNATURE ALONG WITH THE NAME, ADDRESS, E-MAIL ADDRESS, TELEPHONE NUMBER AND SIGNATURE OF THE COMPLAINANT); (2) THE NAME AND, IF KNOWN, THE TELEPHONE NUMBER AND ADDRESS OF THE RESPONDENT(S) (OR EACH PERSON ALLEGED TO HAVE COMMITTED A VIOLATION); -3- (3) THE PARTICULARS OF THE VIOLATION; AND (4) OPTIONALLY, DOCUMENTATION OR OTHER EVIDENCE SUPPORTING THE ALLEGATION. (d) IF AN INCOMPLETE COMPLAINT IS RECEIVED, THE DATE ON WHICH THE ORIGINALLY FILED COMPLAINT WAS RECEIVED IS CONSIDERED THE FILED DATE IF A COMPLETE COPY IS RECEIVED WITHIN THREE (3) BUSINESS DAYS OF NOTIFICATION FROM THE CITY CLERK THAT THE COMPLAINT WAS INCOMPLETE. (e) A COMPLAINT MAY BE SUBMITTED BY FAX OR ELECTRONIC MAIL IF A SIGNED ORIGINAL IS RECEIVED BY THE CITY CLERK NO LATER THAN THREE (3) BUSINESS DAYS THEREAFTER. (f) INITIAL REVIEW. (1) THE CITY CLERK WILL REVIEW THE COMPLAINT TO DETERMINE: a. WHETHER THE COMPLAINT WAS TIMELY FILED; AND b. WHETHER THE COMPLAINANT HAS SPECIFICALLY IDENTIFIED ONE OR MORE VIOLATIONS OF ARTICLE XXVIII OF THE COLORADO CONSTITUTION OR THE FAIR CAMPAIGN PRACTICES ACT (SECTION 1-45-101 ET SEQ., C.R.S.), AS AMENDED, OR ANY RULES ADOPTED AND PROMULGATED BY THE CITY CLERK CONCERNING CAMPAIGN AND POLITICAL FINANCE. (2) WITHIN TEN (10) BUSINESS DAYS OF RECEIVING THE COMPLAINT, THE CITY CLERK MUST TAKE ONE (1) OR MORE OF THE FOLLOWING ACTIONS: a. IF THE CITY CLERK DETERMINES THAT THE COMPLAINT WAS NOT TIMELY FILED, OR HAS NOT SPECIFICALLY IDENTIFIED ONE (1) OR MORE VIOLATIONS OF ARTICLE XXVIII OF THE COLORADO CONSTITUTION OR THE FAIR CAMPAIGN PRACTICES ACT (SECTION 1-45-101 ET SEQ., C.R.S.), AS AMENDED, THE CITY CLERK WILL DISMISS THE COMPLAINT AND NOTIFY THE COMPLAINANT AND RESPONDENT OF THE REASONS FOR DISMISSAL. THE CITY CLERK'S DISMISSAL IS A FINAL DECISION, AND SUBJECT TO REVIEW UNDER RULE 106, C.R.C.P. b. IF THE CITY CLERK DETERMINES THAT THE COMPLAINT ALLEGES ONE (1) OR MORE CURABLE VIOLATIONS AS DESCRIBED IN SUBSECTION (G), THE CITY CLERK WILL NOTIFY THE RESPONDENT(S) AND PROVIDE AN -4- OPPORTUNITY TO CURE AS DESCRIBED IN SUBSECTION (G). c. IF THE CITY CLERK DETERMINES THAT THE COMPLAINT ALLEGES (1) ONE OR MORE VIOLATIONS, AND THAT THE ASSERTED VIOLATIONS MAY NOT BE CURABLE AS DESCRIBED IN SUBSECTION (G), THE CITY CLERK WILL TAKE THE ACTIONS SET FORTH IN SUBSECTION (H). (g) CURING VIOLATIONS. (1) UPON THE CITY CLERK'S DETERMINATION THAT A COMPLAINT ALLEGES A FAILURE TO FILE OR OTHERWISE DISCLOSE REQUIRED INFORMATION, OR OTHER CURABLE VIOLATION OF AN OBLIGATION UNDER ARTICLE XXVIII OF THE COLORADO CONSTITUTION OR THE FAIR CAMPAIGN PRACTICES ACT ( C.R.S. 1-45-101 ET SEQ.) , THE CITY CLERK WILL NOTIFY THE RESPONDENT(S) BY EMAIL, OR BY UNITED STATES MAIL IF EMAIL IS UNAVAILABLE, OF THE CURABLE DEFICIENCIES ALLEGED IN THE COMPLAINT. (2) RESPONDENTS SHALL HAVE TEN (10) BUSINESS DAYS FROM THE DATE THE NOTICE IS MAILED TO FILE AN AMENDMENT TO THE RELEVANT REPORT OR REPORTS THAT CURES ANY DEFICIENCIES SPECIFIED IN THE NOTICE. (3) AFTER THE PERIOD FOR CURE, THE CITY CLERK WILL DETERMINE, WITHIN FIVE (5) BUSINESS DAYS, WHETHER THE RESPONDENT(S) CURED THE VIOLATION(S). a. IF THE CLERK DETERMINES THAT RESPONDENT CURED THE VIOLATIONS, THE CLERK SHALL DISMISS THE COMPLAINT AND NOTIFY COMPLAINANT AND RESPONDENT OF SUCH DISMISSAL. b. IF THE CLERK DETERMINES THAT RESPONDENT FAILED TO CURE THE VIOLATION, THE CLERK SHALL NOTIFY RESPONDENT OF SUCH DETERMINATION, TOGETHER WITH THE FINE OR OTHER PENALTY IMPOSED. c. THE RESPONDENT SHALL HAVE TEN (10) BUSINESS DAYS FROM THE DATE OF THE CLERK’S NOTICE OF DETERMINATION TO EITHER PAY THE FINE AND ACCEPT ANY PENALTY IMPOSED OR CONTEST THE VIOLATION BY SUBMITTING TO THE CLERK A REQUEST FOR A HEARING. (h) UPON RECEIPT OF A REQUEST FOR A HEARING UNDER SUBSECTION (G)(3)C., OR UPON THE CLERK'S DETERMINATION THAT THE COMPLAINT FALLS UNDER SUBSECTION (F)(2)C., THE -5- CITY CLERK SHALL NOTIFY THE CITY MANAGER OF THE COMPLAINT, AND THE CITY MANAGER, IN CONSULTATION WITH THE CITY CLERK AND THE CITY ATTORNEY, SHALL REFER THE COMPLAINT TO AN INDEPENDENT HEARING OFFICER TO HEAR AND DETERMINE SUCH COMPLAINT. (i) AN INFORMAL HEARING SHALL BE SCHEDULED AS SOON AS PRACTICABLE WITH DUE REGARD FOR THE CONVENIENCE AND NECESSITY OF THE PARTIES BUT, UNLESS AN ENLARGEMENT OF TIME IS GRANTED AS SET FORTH IN SUBSECTION (K), THE HEARING SHALL BE HELD WITHIN FIFTEEN (15) CALENDAR DAYS OF REFERRAL OF THE COMPLAINT TO THE HEARING OFFICER. (j) NOTICE OF THE HEARING AND ANY APPLICABLE RULES GOVERNING THE HEARING PROCESS SHALL BE SENT TO THE COMPLAINANT AND TO THE RESPONDENT(S), WHO SHALL ALSO RECEIVE A COPY OF THE ENTIRE COMPLAINT RECEIVED BY THE CITY CLERK, WITHIN TWO (2) BUSINESS DAYS OF THE DATE OF REFERRAL OF THE COMPLETE COMPLAINT TO THE HEARING OFFICER AND MAY BE DELIVERED BY ELECTRONIC MAIL, OR BY UNITED STATES MAIL IF EMAIL IS UNAVAILABLE TO THE ADDRESS OF THE COMPLAINANT SHOWN ON THE COMPLAINT FORM AND TO THE RESPONDENT(S). (k) UPON WRITTEN MOTION, THE HEARING OFFICER MAY GRANT THE SUBJECT OF THE COMPLAINT A CONTINUANCE OF THE HEARING OF UP TO THIRTY (30) CALENDAR DAYS UPON A SHOWING OF GOOD CAUSE. (l) UPON THE REQUEST OF EITHER PARTY, THE HEARING OFFICER MAY ISSUE AN ADMINISTRATIVE SUBPOENA REQUIRING THE ATTENDANCE OF A WITNESS OR PARTY IN RELATION TO AN ALLEGED CAMPAIGN FINANCE VIOLATION, WHICH SHALL BE SERVED ON THE PARTY TO WHOM IT IS DIRECTED BY THE REQUESTING PARTY PURSUANT TO RULE 4 OF THE COLORADO RULES OF CIVIL PROCEDURE. IT SHALL BE UNLAWFUL FOR A WITNESS OR PARTY TO FAIL TO COMPLY WITH SUCH SUBPOENA, AND ANY PERSON CONVICTED OF A VIOLATION HEREOF SHALL BE PUNISHED IN ACCORDANCE WITH SECTION 1-5 OF THE CODE, PROVIDED, HOWEVER, THAT THE MUNICIPAL JUDGE SHALL NOT HAVE AUTHORITY TO IMPOSE ANY FORM OF IMPRISONMENT FOR THE SAME. (m) THE HEARING SHALL BE ELECTRONICALLY AUDIBLY RECORDED AND HELD IN SUBSTANTIAL ACCORDANCE WITH THE PROVISIONS OF SECTION 24-4-105, C.R.S., OR SUCH OTHER RULES AS THE CITY CLERK MAY HAVE PROMULGATED. THE HEARING MAY BE HELD VIRTUALLY, IN THE DISCRETION OF THE HEARING OFFICER. AT THE -6- HEARING, THE COMPLAINANT AND THE RESPONDENT(S) SHALL BE PRESENT AND, IN ACCORDANCE WITH SECTION 24-4-105(7), C.R.S., THE COMPLAINANT SHALL HAVE THE BURDEN OF PROOF IN SIMILAR MANNER AS THE PROPONENT OF AN ORDER. (n) IT SHALL BE AN AFFIRMATIVE DEFENSE TO A PROSECUTION UNDER THIS SECTION THAT THE OFFENDER DID NOT HAVE ACTUAL KNOWLEDGE OF HIS RESPONSIBILITY UNDER THIS CHAPTER AND WAS AN UNCOMPENSATED VOLUNTEER. THIS AFFIRMATIVE DEFENSE SHALL NOT BE AVAILABLE FOR USE AS A DEFENSE BY ANY PERSON WHO HAS FILED AN AFFIDAVIT PURSUANT TO C.R.S. 1-45-110, AS SUCH SECTION PRESENTLY EXISTS OR IS HEREAFTER AMENDED. (o) FOLLOWING HEARING, THE HEARING OFFICER SHALL ISSUE A DECISION WITHIN SEVEN (7) BUSINESS DAYS. THE DECISION MAY BE ISSUED ORALLY AT THE CONCLUSION OF THE HEARING OR MAY BE ISSUED IN WRITING, AT THE DISCRETION OF THE HEARING OFFICER. (p) IF THE HEARING OFFICER DETERMINES AFTER A HEARING THAT A VIOLATION HAS OCCURRED, THE HEARING OFFICER'S DECISION SHALL INCLUDE ANY APPROPRIATE ORDER, SANCTION OR RELIEF AUTHORIZED HEREUNDER AND MAY INCLUDE, WITHOUT LIMITATION, SANCTIONS AS FOLLOWS: (1) IMPOSE A CIVIL PENALTY OF AT LEAST DOUBLE AND UP TO FIVE (5) TIMES THE AMOUNT CONTRIBUTED, RECEIVED OR SPENT IN VIOLATION OF ANY CONTRIBUTION PROHIBITION OR LIMITATION OR IN VIOLATION OF A CONTRIBUTION REPORTING REQUIREMENT. (2) IMPOSE A CIVIL PENALTY OF TWENTY-FIVE DOLLARS ($25.00) PER DAY FOR EACH DAY THAT A STATEMENT OR OTHER INFORMATION REQUIRED TO BE FILED PURSUANT TO ARTICLE XXVIII OF THE COLORADO CONSTITUTION OR THE FAIR CAMPAIGN PRACTICES ACT (SECTION 1-45-101, ET SEQ., C.R.S.), AS AMENDED BY THIS CODE, IS NOT FILED BY THE CLOSE OF BUSINESS ON THE DAY DUE. (3) ORDER DISCLOSURE OF THE SOURCE AND AMOUNT OF ANY UNDISCLOSED CONTRIBUTIONS OR EXPENDITURES. (4) ORDER THE RETURN TO THE DONOR OF ANY CONTRIBUTION MADE WHICH WAS THE SUBJECT OF THE VIOLATION. (q) THE HEARING OFFICER'S DETERMINATION UNDER SUBSECTIONS (O) AND (P) IS A FINAL DECISION SUBJECT TO REVIEW UNDER RULE 106, C.R.C.P. -7- (r) CANDIDATES SHALL BE PERSONALLY LIABLE FOR PENALTIES IMPOSED UPON THE CANDIDATE'S COMMITTEE. (s) CIVIL PENALTIES MAY BE COLLECTED IN THE SIMILAR MANNER AS A MUNICIPAL COURT JUDGMENT UNDER THIS CODE, INCLUDING THE USE OF A PRIVATE COLLECTION AGENCY. (t) IN NO EVENT SHALL THE CITY TAKE ANY ACTION, INCLUDING REFERRING THE PENALTY DEBT TO A COLLECTION AGENCY AS CONTEMPLATED BY SUBSECTION (R), BUT NOT INCLUDING ACTION OF THE COLLECTION AGENCY, TO COLLECT CIVIL PENALTIES ASSESSED HEREUNDER AFTER THE DATE THAT IS MORE THAN ONE (1) YEAR FROM THE DATE THAT THE FILING WAS DUE. (u) A PARTY IN ANY ACTION BROUGHT PURSUANT TO THIS SECTION SHALL BE ENTITLED TO RECOVERY OF THE PARTY'S REASONABLE ATTORNEY FEES AND COSTS FROM ANY ATTORNEY OR PARTY WHO HAS BROUGHT OR DEFENDED THE ACTION, EITHER IN WHOLE OR IN PART, IF THE HEARING OFFICER FINDS ANY OF THE FOLLOWING: (1) THE ACTION, OR ANY PART THEREOF, LACKED SUBSTANTIAL JUSTIFICATION; (2) THE ACTION, OR ANY PART THEREOF, WAS INTERPOSED FOR DELAY OR HARASSMENT; OR (3) THAT AN ATTORNEY OR PARTY UNNECESSARILY EXPANDED THE PROCEEDING BY OTHER IMPROPER CONDUCT, INCLUDING BUT NOT LIMITED TO ABUSES OF DISCOVERY PROCEDURES AUTHORIZED BY THIS SECTION. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SUBSECTION, NO ATTORNEY FEES SHALL BE AWARDED UNLESS THE HEARING OFFICER HAS FIRST CONSIDERED THE PROVISIONS OF SECTIONS 13-17-102(5) AND (6), C.R.S. AS USED HEREIN, LACKED SUBSTANTIAL JUSTIFICATION MEANS SUBSTANTIALLY FRIVOLOUS, SUBSTANTIALLY GROUNDLESS OR SUBSTANTIALLY VEXATIOUS. (V) IF A COMPLAINT UNDER THIS SECTION IS FILED AGAINST A CANDIDATE FOR THE OFFICE OF CITY CLERK, THE DUTIES ASSIGNED BY THIS SECTION TO THE CITY CLERK SHALL BE PERFORMED BY THE MUNICIPAL JUDGE. Section 2. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. -8- Section 3. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this 14th day of December, 2020, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for January 25, 2021 at 7:00 p.m., as a virtual meeting. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this _____ day of ______________, 2021. SIGNED by the Mayor on this _____ day of ____________, 2021. _________________________ Bud Starker, Mayor ATTEST: ________________________ Steve Kirkpatrick, City Clerk Approved as to Form ________________________________ Gerald Dahl, City Attorney 1st publication: December 17, 2020 2nd publication: January 28, 2021 Jeffco Transcript Effective Date: February 12, 2021 Published: Jeffco Transcript and www.ci.wheatridge.co.us ITEM NO: 6 DATE: December 14, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 25-2020 – AN ORDINANCE ADOPTING SECTION 16-47 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING UNLAWFUL REMOVAL OR DEFACING OF NOTICES ON PUBLIC PROPERTY AND ESTABLISHING PENALTIES FOR VIOLATION OF THE SAME PUBLIC HEARING ORDINANCES FOR 1ST READING (12/14/2020) BIDS/MOTIONS ORDINANCES FOR 2ND READING (01/25/2020) RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ City Attorney City Manager ISSUE: This ordinance creates a new Code Section 16-47, making it a violation to remove signage, and in particular the no trespassing signs authorized by the revised Code Section 16-46. BACKGROUND: Over the past few years, and recently exacerbated by the COVID-19 pandemic, there has been a significant increase in the number of homeless or transient people throughout Jefferson County, the Denver-Metro Area, and the state of Colorado. While homelessness has been viewed as traditionally a big city challenge, the suburbs and areas outside of the large urban centers have experienced an increase in homeless and transient issues. While many people look to law enforcement to address these issues, the answers to addressing the varied issues specific to this problem are much broader and complicated than enforcing laws. Changes in laws regarding the rights of persons experiencing homelessness as a result of court decisions related to the First Amendment have resulted in a more visible presence of homeless or transient people along the I-70 corridor, intersections and shopping centers. Since panhandling is seen by the courts as a First Amendment right, the ability of the police has been restricted to Council Action Form – Unlawful to Remove Signs December 14, 2020 Page 2 enforcing only aggressive panhandling. Staff researched ordinances from other communities that have been adopted to help mitigate some of the negative impacts caused by homelessness. Some City processes (Board of Adjustment procedures, Planning Commission processes, clean- ups of City owned property) require that a notice or notices be placed or posted upon the affected property in order to ensure that those impacted by an impending action or other activity are notified of it. City staff have reported that these notices are sometimes altered, moved, or removed from the posted property altogether; this subverts a significant governmental interest in ensuring that necessary governmental operations are carried out in an effective and efficient manner. Just as importantly, this deprives those affected by the impending action or activity, and the general public, of fair notice of the action or activity. This ordinance creates a new Code Section 16-47, making it a violation to remove signage, and in particular the no trespassing signs authorized by the revised Code Section 16-46. PRIOR ACTION: Council reviewed this ordinance at study session on October 19, 2020 and directed it be brought forward for consideration on first reading. FINANCIAL IMPACT: Enacting this Ordinance is not expected to have any significant fiscal impact. RECOMMENDATION: Staff recommends approval of the Ordinance on first reading. RECOMMENDED MOTION: “I move to approve Council Bill No. 25-2020, an ordinance adopting section 16-47 of the Wheat Ridge Code of Laws concerning unlawful removal or defacing of notices on public property and establishing penalties for violation of the same, order it published, set for public hearing on January 25, 2021 at 7:00 p.m. as a virtual meeting, and that it take effect 15 days after publication.” Or, “I move to table indefinitely Council Bill No. 25-2020, an ordinance adopting section 16- 47 of the Wheat Ridge Code of Laws concerning unlawful removal or defacing of notices on public property and establishing penalties for violation of the same, for the following reason(s)_____________________.” REPORT PREPARED/REVIEWED BY: Gerald Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 25-2020 1 ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ COUNCIL BILL NO. 25 ORDINANCE NO. _________ Series 2020 TITLE: AN ORDINANCE ADOPTING SECTION 16-47 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING UNLAWFUL REMOVAL OR DEFACING OF NOTICES ON PUBLIC PROPERTY AND ESTABLISHING PENALTIES FOR VIOLATION OF THE SAME WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety or welfare; and WHEREAS, the Council finds that the City has an interest in ensuring that a notice posted on or upon public property in the course of implementing a City ordinance, policy, rule, procedure, or order remain legible and in place; and WHEREAS, the City Council has determined that it is in the best interests of the health, safety, and welfare of the public that such a notice be maintained and preserved to ensure that any individual who may be affected by a City action or activity receive proper notice of that action or activity. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 16-47, Unlawful to Remove Notice, is hereby enacted within Chapter 16 of the Wheat Ridge Code of Laws, to read as follows: Sec. 16-47. - Unlawful to Remove Notice. (a) Legislative declaration. The Wheat Ridge City Council finds that the City has a compelling interest in ensuring that members of the public receive proper notice of City actions or activities on or related to public property within its jurisdiction. The City Council also finds that in order to ensure members of the public are properly notified of these actions or activities, the City or an authorized third party must sometimes post a notice or notices relating to the impending action or activity on or upon a particular property. In order to balance the rights of all citizens, and especially to protect the rights of individuals who may be affected by the impending action or activity, it is essential that these notices be legible and they remain in place. (b) Definitions. The following words, terms, and phrases, when used in this section, shall have the meaning ascribed to them in this subsection, 2 except where the context clearly indicates a different meaning: City employee means an employee of the City of Wheat Ridge or a contractor designated by the City to carry out duties associated with or relating to a City ordinance, policy, rule, procedure, or order. Notice means a sign or placard conveying information that is placed or posted on or upon public property within the jurisdiction of the City by a City employee while carrying out duties associated with or relating to a City ordinance or policy, or a rule, procedure, or order of a City board, commission, or council. Tamper means to alter, damage, deface, destroy, move, or render illegible a notice. (c) Unlawful act. It shall be unlawful for any person to remove, tamper with or deface a notice. Exception: A City employee carrying out duties associated with or relating to a City ordinance or policy, or a rule, procedure, or order of a City board, commission, or council may move, remove, or destroy a notice. (d) Strict liability. A violation of this section is entirely strict liability in nature. No culpable mental state or mens rea of any type or degree shall be required to prove a violation of this section. (e) Penalty. Any violation of this section shall be punished by a fine or imprisonment not to exceed the limits established in section 1-5 of this Code. Section 2. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 3. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this 14th day of December, 2020, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for January 25, 2021 at 7:00 p.m., as a virtual meeting. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this _____ day of ______________, 2021. SIGNED by the Mayor on this _____ day of ____________, 2021 _________________________ Bud Starker, Mayor 3 ATTEST: ________________________ Steve Kirkpatrick, City Clerk Approved as to Form ________________________________ Gerald Dahl, City Attorney 1st publication: December 17, 2020 2nd publication: Jeffco Transcript Effective Date: Published: Jeffco Transcript and www.ci.wheatridge.co.us ITEM NO: 7 DATE: December 14, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 26-2020 – AN ORDINANCE REPEALING, RETITLING AND REENACTING SECTION 16-46 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING TRESPASS AND ESTABLISHING PENALTIES FOR VIOLATION OF THE SAME PUBLIC HEARING ORDINANCES FOR 1ST READING (12/14/2020) BIDS/MOTIONS ORDINANCES FOR 2ND READING (01/25/2021) RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ City Attorney City Manager ISSUE: The purpose of this ordinance is to place on notice those who enter or remain upon the premises of another, including premises owned by private entities, public entities, or individuals, that doing so without the proper license or authority, or after that license or authority has been revoked, may result in criminal activity. This ordinance amends and significantly enhances the City's current Code 16-46 on trespassing, including posting of notices prohibiting trespassing. PRIOR ACTION: Council reviewed this ordinance at study session on October 19, 2020 and directed it be brought forward for consideration on first reading. FINANCIAL IMPACT: Enacting this ordinances is not expected to have any significant fiscal impact. BACKGROUND: Over the past few years, and recently exacerbated by the COVID-19 pandemic, there has been a significant increase in the number of homeless or transient people throughout Jefferson County, Council Action Form – Trespassing December 14, 2020 Page 2 the Denver-Metro Area, and the state of Colorado. While homelessness has been viewed as traditionally a big city challenge, the suburbs and areas outside of the large urban centers have experienced an increase in homeless and transient issues. While many people look to law enforcement to address these issues, the answers to addressing the varied issues specific to this problem are much broader and complicated than enforcing laws. Changes in laws regarding the rights of persons experiencing homelessness as a result of court decisions related to the First Amendment have resulted in a more visible presence of homeless or transient people along the I-70 corridor, intersections and shopping centers. Since panhandling is seen by the courts as a First Amendment right, the ability of the police has been restricted to enforcing only aggressive panhandling. Staff researched ordinances from other communities that have been adopted to help mitigate some of the negative impacts caused by homelessness. RECOMMENDATION: Staff recommends approval of the Ordinance on first reading. RECOMMENDED MOTION: “I move to approve Council Bill No. 26-2020, an ordinance repealing, retitling and reenacting section 16-46 of the Wheat Ridge Code Of Laws concerning trespass and establishing penalties for violation of the same, order it published, set for public hearing ______________, 2021 at 7:00 p.m. as a virtual meeting, and that it take effect 15 days after publication.” Or, “I move to table indefinitely Council Bill No. 26-2020, an ordinance repealing, retitling and reenacting section 16-46 of the Wheat Ridge Code Of Laws concerning trespass and establishing penalties for violation of the same for the following reason(s)_____________________.” REPORT PREPARED/REVIEWED BY: Gerald Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 26-2020 ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ COUNCIL BILL NO. 26 ORDINANCE NO. _________ Series 2020 TITLE: AN ORDINANCE REPEALING, RETITLING AND REENACTING SECTION 16-46 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING TRESPASS AND ESTABLISHING PENALTIES FOR VIOLATION OF THE SAME WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety or welfare; and WHEREAS, the City Council finds that repealing and reenacting the City's trespass ordinance is necessary to protect the rights of both private and public property owners, and the health, safety, and welfare of the public. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 16-46, Trespassing, of the Wheat Ridge Code of Laws is hereby repealed, retitled, and reenacted to read as follows: Sec. 16-46. Criminal trespass on private or public property. (a) Legislative declaration; purpose. The City Council recognizes that owners of both private and public property have the right to limit, restrict, or prohibit access to that property. The City Council has determined that property owners are best situated to determine whether the property is suitable for access, use, or occupation by members of the public or by those who do not own the property The purpose of this section is to place on notice those who enter or remain upon the premises of another, including premises owned by private entities, public entities, or individuals, that doing so without the proper license or authority, or after that license or authority has been revoked, may result in criminal liability. (b) Definitions. As used in this section, unless the context requires otherwise: Premises means real property, buildings, and other improvements thereon, and the stream banks and beds of any non-navigable freshwater stream flowing through such property. Sign or signage means any announcement or communication that is produced in whole or in part by the construction, erection, affixing, or placing of a placard or structure or produced by painting on or posting or placing any printed, lettered, pictured, figured, or colored material on any building, structure, or surface. (c) Trespassing unlawful. It is unlawful for any person to unlawfully enter or to remain in or upon real property, buildings and/or other improvements, stream banks and beds of any non-navigable freshwater stream flowing through, or banks or beds of any lake, pond or other body of water situate upon real property, belonging to a person or entity other than the person so entering or remaining thereupon. (d) Unlawful remaining. It shall be unlawful for any person to remain in or upon the premises of another after permission, license, or authority has been terminated or revoked and the person has been notified of the termination or revocation verbally, through signage, or otherwise in writing. (e) Failure to obey no trespassing sign - posted premises. It shall be unlawful for any person to enter or remain in or upon the premises of another contrary to, or in violation of, any sign limiting, restricting, or prohibiting access to, use of, or occupation of the premises. (1) Posting of a no trespassing sign. A sign that is posted or placed at the entry to or upon a premises that gives notice of a limitation, restriction, or prohibition on the access to, use of, or occupation of the premises shall be deemed a no trespassing sign. Examples of no trespassing signs that give notice of a limitation, restriction, or prohibition on the access to, use of, or occupation of a premises include, but are not limited to, signs that read "parking lot open only to customers," "area closed," "area closed to the public between 2:00 a.m. and 6:00 a.m.," "area closed except to residents and authorized guests," "keep out,'' "no overnight occupancy," "no trespassing," "private property -- keep out," or that contain similar language. (2) No trespassing sign constitutes prima facie evidence of notice. The posting or placement of a no trespassing sign that is reasonably calculated to provide notice to an ordinarily observant person entering in or upon the premises shall be prima facie evidence that notice was sufficient. The prosecution is not required to prove that a no trespassing sign was visible from every location in, upon, or about the premises at the time of the alleged violation. (f) Penalty. Criminal trespass shall be punishable by a fine or imprisonment not to exceed the limits established in section 1-5 of this Code. Section 2. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 3. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this 14th day of December, 2020, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for January 25, 2021 at 7:00 p.m., as a virtual meeting. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this _____ day of ______________, 2021. SIGNED by the Mayor on this _____ day of ____________, 2021. _________________________ Bud Starker, Mayor ATTEST: ________________________ Steve Kirkpatrick, City Clerk Approved as to Form ________________________________ Gerald Dahl, City Attorney 1st publication: December 17, 2020 2nd publication: Jeffco Transcript Effective Date: Published: Jeffco Transcript and www.ci.wheatridge.co.us ITEM NO: 8 DATE: December 14, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 27-2020 – AN ORDINANCE ADOPTING SECTION 16-70 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING PEDESTRIAN USE OF ROADWAY CENTER MEDIANS, AND IN CONNECTION THEREWITH AMENDING SECTION 16-113, SALES AND SOLICITATION IN CERTAIN PLACES PROHIBITED PUBLIC HEARING ORDINANCES FOR 1ST READING (12/14/2020) BIDS/MOTIONS ORDINANCES FOR 2ND READING (01/25/2020) RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ City Attorney City Manager ISSUE: The ordinance is intended to reduce auto/pedestrian accidents by regulating center medians that are unsafe for occupation by pedestrians and other pedestrian behaviors that interfere with traffic, including entering the roadway in a way that obstructs or hinders traffic flow, and soliciting in areas that are unsafe for such activity. The ordinance adopts a new section of the Wheat Ridge Code of Laws governing pedestrian and traffic safety and amends the current section on solicitation activities to add a legislative declaration. PRIOR ACTION: Council reviewed this ordinance at study session on October 19, 2020 and directed it be brought forward for consideration on first reading. FINANCIAL IMPACT: Enacting this ordinances is not expected to have any significant fiscal impact. Council Action Form – Use of Roadway Medians December 14, 2020 Page 2 BACKGROUND: Over the past few years, and recently exacerbated by the COVID-19 pandemic, there has been a significant increase in the number of homeless or transient people throughout Jefferson County, the Denver-Metro Area, and the state of Colorado. While homelessness has been viewed as traditionally a big city challenge, the suburbs and areas outside of the large urban centers have experienced an increase in homeless and transient issues. While many people look to law enforcement to address these issues, the answers to addressing the varied issues specific to this problem are much broader and complicated than enforcing laws. Changes in laws regarding the rights of persons experiencing homelessness as a result of court decisions related to the First Amendment have resulted in a more visible presence of homeless or transient people along the I-70 corridor, intersections and shopping centers. Since panhandling is seen by the courts as a First Amendment right, the ability of the police has been restricted to enforcing only aggressive panhandling. Staff researched ordinances from other communities that have been adopted to help mitigate some of the negative impacts caused by homelessness. RECOMMENDATION: Staff recommends approval of the Ordinance on first reading. RECOMMENDED MOTIONS: “I move to approve Council Bill No. 27-2020, an ordinance adopting section 16-70 of the Wheat Ridge Code of Laws concerning pedestrian use of roadway center medians, and in connection therewith amending section 16-113, sales and solicitation in certain places prohibited, order it published, set for public hearing on January 25, 2021 at 7:00 p.m. as a virtual meeting, and that it take effect 15 days after publication.” Or, “I move to table indefinitely Council Bill No. 27-2020, an ordinance adopting section 16-70 of the Wheat Ridge Code Of Laws concerning pedestrian use of roadway center medians, and in connection therewith amending section 16-113, sales and solicitation in certain places prohibited, for the following reason(s):______________.” REPORT PREPARED/REVIEWED BY: Gerald Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 27-2020 ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ COUNCIL BILL NO. 27 ORDINANCE NO. _________ Series 2020 TITLE: AN ORDINANCE ADOPTING SECTION 16-70 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING PEDESTRIAN USE OF ROADWAY CENTER MEDIANS, AND AMENDING SECTION 16-113, SALES AND SOLICITATION IN CERTAIN PLACES PROHIBITED WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety or welfare; and WHEREAS, traffic safety statistics for the City demonstrate that traffic crashes involving pedestrians have increased significantly; and WHEREAS, traffic safety statistics for the City also demonstrate that traffic crashes resulting in pedestrian fatalities occur along roadways that carry higher volumes of vehicles or that are posted with higher speed limits; and WHEREAS, conduct by a pedestrian that distracts a driver’s attention from a roadway, that hinders traffic, or that otherwise obstructs a roadway, increases the dangers to both pedestrians and to those traveling in vehicles; and WHEREAS, the dangers associated with interactions between vehicles and pedestrians increase the government’s interest in controlling pedestrian interactions with vehicles in the traveled portion of a roadway; and WHEREAS, working to maximize the distance between the traveled portion of a roadway and pedestrians will increase pedestrian and traffic safety; and WHEREAS, the primary purpose of a roadway center median is to enhance the safety of and ensure the free flow of traffic on roadways by separating opposing lanes of vehicular traffic, channeling traffic for turning purposes, and, within designated areas, to provide a temporary refuge for pedestrians crossing busy or wide roadways; and WHEREAS, an individual who occupies or uses a roadway center median area that is not designed or suitable for pedestrian use creates a safety hazard danger for himself or herself and for traffic in the adjacent roadway; and WHEREAS, working to reduce the circumstances and minimize the time during which pedestrians are in close proximity to traffic will increase pedestrian and traffic safety; and WHEREAS, the use by pedestrians of entry and exit ramps along Interstate highways for sales or collection transactions with passing motorists poses a special safety hazard to the pedestrians where no safe pull-out or parking areas exist, and also creates a distraction for passing motorists which can inhibit the free flow of traffic; and WHEREAS, alternative means and locations for the sales and solicitation are available elsewhere throughout the City; and WHEREAS, prohibiting the use of certain areas along certain highways for sales or solicitations will directly advance the safety and welfare of the public; and WHEREAS, the City Council finds that adoption of laws relating to the regulation of pedestrians who are in close proximity to roadways within the City is necessary to protect the health, safety, and welfare of the public. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 16-70, Pedestrian Use of Roadway Center Medians, is adopted within Chapter 16 of the Wheat Ridge Code of Laws, to read as follows: Sec. 16-70. Pedestrian use of roadway center medians. a. Legislative declaration; purpose. The city council hereby finds that collisions between pedestrians and vehicles in Wheat Ridge have increased and declares it necessary to clearly delineate the responsibilities of pedestrians to allow for safer pedestrian and vehicle interactions throughout the city. Certain higher speed roadways in Wheat Ridge have center medians that are designed to separate traffic and channel the flow of traffic through turns and intersections. Except for crosswalk refuge areas, such center medians were not designed and are not suitable for access, occupation, or use by pedestrians. Pedestrians who use center medians not designed for pedestrian use may distract or even startle drivers, especially along higher speed roadways. This endangers the pedestrian as well as drivers and their passengers. The purpose of this section is to reduce the number of situations during which pedestrians are in close proximity to the traveled portion of a higher speed roadway. The city council finds this ordinance will promote pedestrian and traffic safety and is necessary to protect the health, safety, and welfare of the public. b. Definitions. The following words or phrases, when used in this section, shall have the meaning ascribed to them in this section, except where the context Higher speed roadway means a roadway within the city within which a center median is present. Center median means the raised area that divides a roadway carrying traffic in opposite directions, and which is defined by curbing, landscaping, or other obstacles. Center median does not include traffic calming devices. Temporary pedestrian refuge area means that part of a crosswalk that is located within or at the end of a center median that is designed to allow a pedestrian to safely pause before continuing to cross from one side of a roadway to the other. Traffic calming device means a speed bump or speed bump placed upon the roadway, as well as landscaped or other median located on side of pedestrian crosswalks, the purpose of which is to slow traffic. c. Unlawful act. It shall be unlawful for any person to access, occupy, use, assemble or congregate on or about any center median not designed or suitable for pedestrian use that has been posted, either on such center median not designed or suitable for pedestrian use or at the crosswalk access points to such center median, with a sign pursuant to this section prohibiting such access, occupancy, use, assembly, or congregation. Exceptions: This section shall not apply to: 1. A person using that portion of a center median designed as a temporary pedestrian refuge along a crosswalk if the person was not able to safely cross the entire roadway during the traffic signal pedestrian phase or green light signal phase. This exception allows a person to occupy the pedestrian refuge area for the duration of one traffic signal cycle before crossing the entire roadway; 2. A local, state, or federal law enforcement officer or authorized first responder engaged in the performance of his or her official duties; 3. A city or state employee or contractor authorized by the city manager or designee thereof, or by the state, to access the center median to perform construction, landscaping, maintenance, repair, or similar duties thereon; or 4. An employee or contractor of a utility company authorized by the city or the state to access the center median to perform construction, landscaping, maintenance, repair, or similar duties thereon. d. Determination. The traffic engineer may prohibit pedestrian access, occupancy, use, assembly, or congregation on or about any center median not designed or suitable for pedestrian use by having posted or placed upon, or at the crosswalk access points to, such center median not designed or suitable for pedestrian use a sign that reads “unlawful to occupy center median,” or that contains similar language. Only a raised center median that lies along a higher speed roadway may be posted under this section. A sign posted or placed under this section must be posted or placed in a way that is reasonably calculated to provide effective notice to an ordinarily observant person entering upon the center median. However, there is no requirement that the sign be visible from every position on or about the center median or from every position at or about the crosswalk access points to such center median. e. Sign constitutes prima facie evidence of notice. The posting or placement of a sign reading “unlawful to occupy center median” or similar language upon a center median or at the crosswalk access points to such center median shall be prima facie evidence that the notice was sufficient. The prosecution is not required to prove that the sign was visible from every position on or about the center median or at the crosswalk access points to such center median. f. Strict liability. A violation of any provision of this section is strict liability in nature. No culpable mental state or mens rea of any type or degree shall be required to prove a violation of this section. g. Penalty. Any violation of this section shall be punished by a fine or imprisonment not to exceed the limits in section 1-5 of this Code. Section 2. Section 16-113, Sales and solicitation in certain places prohibited, of the Wheat Ridge Code of Laws is hereby amended as follows: Sec. 16-113. Sales and solicitation in certain places prohibited. a. LEGISLATIVE DECLARATION; PURPOSE. UNDER CERTAIN CIRCUMSTANCES, PEDESTRIAN SOLICITATION DIRECTED AT VEHICLES OPERATING ON A ROADWAY CREATES SAFETY HAZARDS TO THE PUBLIC. IN ADDITION, THE PRESENCE OF PEDESTRIANS ON INTERSTATES 70 AND 76, AND ON ENTRANCE AND EXIT RAMPS THERETO CAUSES SAFETY CONCERNS AS A RESULT OF THE HIGH RATES OF SPEED PERMITTED AND THE LACK OF PULL-OFF LOCATIONS OR VEHICLE PARKING AREAS THAT WOULD OTHERWISE FACILITATE TRANSACTIONS IN THESE AREAS. THE PURPOSE OF THIS SECTION IS TO PROVIDE FOR THE SAFETY OF THE PUBLIC RELATED TO SOLICITATION ACTIVITY AS DESCRIBED BELOW. THE CITY COUNCIL FINDS THIS ORDINANCE WILL PROMOTE PEDESTRIAN AND TRAFFIC SAFETY AND IS NECESSARY TO PROTECT THE HEALTH, SAFETY, AND WELFARE OF THE PUBLIC. b. It shall be unlawful for any person to solicit employment, business, contributions, or sales of any kind, or collect monies for same, from the occupant of any vehicle traveling upon any street or highway or entrance to or exit from any highway included in the interstate highway system within the city when such solicitation or collection: (1) causes the person performing the activity to enter onto the traveled portion of a street or highway; or (2) Involves the person performing the activity to be located upon any median area which separates traffic lanes for vehicular travel in opposite directions; or (3) The person performing the activity is located such that vehicles cannot move into a legal parking area to safely conduct the transaction. c. No person shall solicit on private property if the owner, tenant, or person in lawful control of the property has asked the person to leave or has asked the person to refrain from soliciting on the property or has posted a sign clearly indicating that solicitations are not welcome on the property. d. The words and phrases used herein, unless the context otherwise indicates, shall have the following meaning: Soliciting shall mean any solicitation made in person requesting an immediate donation of money or other thing of value. Purchase of an item for an amount far exceeding its value, under circumstances where a reasonable person would understand that the purchase is in substance a donation, is a donation for the purpose of this section. Traveled portion of the street or highway shall mean that portion of the road normally used by moving motor vehicle traffic. INTERSTATE HIGHWAY MEANS ANY PORTION OF A ROADWAY WITHIN THE CITY THAT HAS BEEN DESIGNATED BY THE FEDERAL GOVERNMENT AS PART OF THE INTERSTATE HIGHWAY SYSTEM, OR THAT IS A CONTROLLED ACCESS HIGHWAY OR BELTWAY, AND INCLUDES ANY ENTRANCE TO OR EXIT FROM THAT ROADWAY. e. Penalty. Any violation of this section shall be punished by a fine not to exceed the limits established in section 1-5 of this Code. Section 3. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 4. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this ____ day of ____________, 2020, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for ____________________, 2021 at 7:00 o’clock p.m., as a virtual meeting, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this _____ day of ______________, 2021. SIGNED by the Mayor on this _____ day of ____________, 2021 _________________________ Bud Starker, Mayor ATTEST: ________________________ Steve Kirkpatrick, City Clerk Approved as to Form ________________________________ Gerald Dahl, City Attorney 1st publication: December 17, 2020 2nd publication: Jeffco Transcript Effective Date: Published: Jeffco Transcript and www.ci.wheatridge.co.us ITEM NO: 9 DATE: December 14, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 28-2020 – AN ORDINANCE ADOPTING SECTION 16-69 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING PEDESTRIAN HINDERING THE FLOW OF TRAFFIC PUBLIC HEARING ORDINANCES FOR 1ST READING (12/14/2020) BIDS/MOTIONS ORDINANCES FOR 2ND READING (01/25/2020) RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ City Attorney City Manager ISSUE: The ordinance is intended to reduce auto/pedestrian accidents by prohibiting actions by pedestrians that obstruct or hinder traffic, including pedestrians being physically in traffic lanes or extending objects, hands, etc., into traffic lanes. The ordinance adopts a new section of the Code. PRIOR ACTION: Council reviewed this ordinance at study session on October 19, 2020 and directed it be brought forward for consideration on first reading. FINANCIAL IMPACT: Enacting this ordinance is not expected to have any significant fiscal impact. BACKGROUND: Over the past few years, and recently exacerbated by the COVID-19 pandemic, there has been a significant increase in the number of homeless or transient people throughout Jefferson County, the Denver-Metro Area, and the state of Colorado. While homelessness has been viewed as traditionally a big city challenge, the suburbs and areas outside of the large urban centers have experienced an increase in homeless and transient issues. While many people look to law enforcement to address these issues, the answers to addressing the varied issues specific to this problem are much broader and complicated than enforcing laws. Changes in laws regarding the rights of persons experiencing homelessness as a result of court decisions related to the First Amendment have resulted in a more visible presence of homeless or transient people along the I-70 corridor, intersections and shopping centers. Since panhandling is seen by the courts as a First Amendment right, the ability of the police has been restricted to enforcing only aggressive panhandling. Staff researched ordinances from other communities that have been adopted to help mitigate some of the negative impacts caused by homelessness. RECOMMENDATION: Staff recommends approval of the Ordinance on first reading. RECOMMENDED MOTIONS: “I move to approve Council Bill No. 28-2020, an ordinance adopting section 16-69 of the Wheat Ridge Code of Laws concerning pedestrian hindering the flow of traffic, order it published, public hearing set for January 25, 2021 at 7:00 p.m. as a virtual meeting, and that it take effect 15 days after publication.” Or, “I move to table indefinitely Council Bill No. 28-2020, an ordinance adopting section 16-69 of the Wheat Ridge Code of Laws concerning pedestrian hindering the flow of traffic, for the following reasons: ______________.” REPORT PREPARED/REVIEWED BY: Gerald Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 28-2020 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ COUNCIL BILL NO. 28 ORDINANCE NO. _________ Series 2020 TITLE: AN ORDINANCE ADOPTING SECTION 16-69 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING PEDESTRIAN HINDERING THE FLOW OF TRAFFIC WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety or welfare; and WHEREAS, traffic safety statistics for the City demonstrate that traffic crashes involving pedestrians have increased significantly; and WHEREAS, conduct by a pedestrian that distracts a driver’s attention from a roadway, that hinders traffic, or that otherwise obstructs a roadway, increases the dangers to both pedestrians and to those traveling in vehicles; and WHEREAS, the dangers associated with interactions between vehicles and pedestrians increase the government’s interest in controlling pedestrian interactions with vehicles in the traveled portion of a roadway; and WHEREAS, working to maximize the distance between the traveled portion of a roadway and pedestrians will increase pedestrian and traffic safety; and WHEREAS, working to reduce the circumstances and minimize the time during which pedestrians are in close proximity to traffic will increase pedestrian and traffic safety; and WHEREAS, the City Council finds that adoption of laws relating to the regulation of pedestrians who are in close proximity to roadways within the City is necessary to protect the health, safety, and welfare of the public. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 16-69, Pedestrian Hindering the Flow of Traffic is hereby adopted within Chapter 16, Miscellaneous Offenses, of the Wheat Ridge Code of Laws, to read as follows: Sec. 16-69. Pedestrian hindering the flow of traffic. a. Legislative declaration; purpose. The city council hereby finds that collisionsbetween pedestrians and vehicles in Wheat Ridge have increased significantly and ATTACHMENT 1 ATTACHMENT 1 declares it necessary to clearly delineate the responsibilities of pedestrians to allow for safer pedestrian and vehicle interactions throughout the city. The purpose of this ordinance is to reduce dangers to persons and property, to prevent traffic delays, and to avoid interference with traffic. Efforts to reduce the possibility that pedestrians may interfere with vehicular traffic are key to promoting pedestrian and traffic safety. The city council finds that this ordinance is necessary to protect the health, safety, and welfare of the public. b. Definition. The following word, when used in this section, shall have the meaning ascribed to it in this section, except where the context clearly indicates otherwise: • Obstruct means to render impassable or to render passage unreasonably inconvenient or hazardous, and includes but is not limited to, conduct such as extending objects into the traveled portion of a roadway. c. Unlawful act. It shall be unlawful for any person to willfully and unnecessarily hinder, obstruct, or delay traffic, or to willfully and unnecessarily attempt to hinder, obstruct, or delay any other person who is lawfully driving or traveling along or upon any roadway so as to interfere with the effective movement of traffic. d. Exception: This section shall not apply to any person within a crosswalk who lawfully entered the crosswalk and is crossing from one side of the traveled portion of the roadway for that period of time reasonably necessary to cross over the roadway. e. Penalty. Any violation of this section shall be punished by a fine not to exceed the limits established in section 1-5 of this Code. Section 2. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 3. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this 14th day of December, 2020, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for January 25, 2021 at 7:00 o’clock p.m., as a virtual meeting, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this _____ day of ______________, 2021. SIGNED by the Mayor on this _____ day of ____________, 2021 _________________________ Bud Starker, Mayor ATTEST: ________________________ Steve Kirkpatrick, City Clerk Approved as to Form ________________________________ Gerald Dahl, City Attorney 1st publication: December 17, 2020 2nd publication: Jeffco Transcript Effective Date: Published: Jeffco Transcript and www.ci.wheatridge.co.us ITEM NO: 10 DATE: December 14, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AMEND THE CONTRACT FOR ENGINEERING CONSULTING SERVICES FOR PHASE II OF THE WADSWORTH BOULEVARD IMPROVEMENT PROJECT WITH HDR ENGINEERING, INC., DENVER, CO, FOR ADDITIONAL DESIGN FEES IN THE AMOUNT OF $220,382.34 FOR A TOTAL PROJECT COST OF $2,804,633.32 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Community Development Director City Manager ISSUE: Due to increased construction and right-of-way (ROW) costs, the project to improve Wadsworth will be constructed in two phases. A contract with HDR Engineering, Inc. was originally executed in 2018 to complete the survey, design plans, and Environmental Assessment for the entire corridor. A contract amendment needs to be executed to provide the funds necessary to prepare the bid package for the first phase of construction. PRIOR ACTION: On March 28, 2016, Council approved a contract with HDR to complete Phase I of the Wadsworth Project: the survey, conceptual (30%) design and plans, and the Environmental Assessment (EA). In 2017, additional work was identified involving the historical status of several properties along the Wadsworth Corridor. Amendments to HDR’s Phase I contract were approved by Council on May 22, 2017 and November 13, 2017. On August 27, 2018, Council approved a contract with HDR to complete Phase II of the Wadsworth Project: completion of the preliminary and final design, preparation of construction plans, and obtaining necessary state and federal approvals. On July 13, 2020, Council approved a contract amendment for additional items that were beyond the Phase II scope of work. Council Action Form – Wadsworth Boulevard HDR Contract Amendment December 14, 2020 Page 2 On October 12, 2020, Council approved contract amendment #1 with CDOT to fully fund the project. FINANCIAL IMPACT: The total available funding outlined in amendment #1 to the CDOT contract is $45 million to include $1,427,680.97 for environmental costs, $5.2 million for design and ROW consultant costs, $15 million for ROW acquisition and $23.3 million for construction. Funding for all of the phases of this project are budgeted in 2020 in both the Capital Improvement Program (CIP) and 2E Bond Fund budgets. Because the construction will not be starting until 2021, there is adequate funding appropriated in the 2020 budget for this proposed amendment. BACKGROUND: In October 2014, the City applied to DRCOG for federal transportation funds available for fiscal years 2016 through 2021 to help fund a widening and improvement project on Wadsworth Boulevard from 35th Avenue to 48th Avenue. DRCOG awarded a Transportation Improvement Program (TIP) grant in October 2014. A second federal grant was awarded through the latest DRCOG TIP based on an application that the City submitted in 2018. In early 2017, the City was awarded a Highway Safety Improvement Program (HSIP) grant for $2.6 million to construct the medians with a federal share of $2,340,000. CDOT is covering the local match of $260,000 because Wadsworth Boulevard is a state highway. Soon after, CDOT also committed to providing $4.1 million in additional funding that was previously programed for CDOT maintenance on this portion of Wadsworth Boulevard. An overlay was planned in 2019 from 35th to the Clear Creek bridge for a total of $3 million and the traffic signals at 3-Acre Lane and 44th Avenue were going to be replaced for a total of $1.1 million. On March 28, 2016, Council approved a contract with HDR to complete Phase I of the Wadsworth Project: the survey, conceptual (30%) design and plans, and prepare the Environmental Assessment (EA). The EA is the federally required process to approve a final roadway design when federal funding is involved. The consultant team, City staff, and CDOT started working to investigate and resolve issues identified in the PEL. In particular, the need to improve the traffic capacity at the major intersections of 38th Avenue and 44th Avenues was addressed further. Phase II of the Wadsworth Project began with a preliminary design kick-off meeting held with City and consultant staff on November 9, 2018. The official kick-off with CDOT staff was held on December 11, 2018. The preliminary plans were completed with a Field Inspection Review meeting being held at CDOT on May 3, 2019. Final plans were completed with a Final Office Review meeting being held on June 22, 2020. Construction documents for the full project have been finalized and were submitted to CDOT for review and approval on December 1, 2020. Council Action Form – Wadsworth Boulevard HDR Contract Amendment December 14, 2020 Page 3 Staff provided an update on the funding and budget to City Council during the September 21, 2020 study session. During that meeting, the budget increases experienced during Phases I and II—the environmental phase and the design and ROW phase—were discussed. These increases have impacted Phase III (construction) and resulted in available construction funding of between $23 and $24 million. In order to fund the construction of the full project, staff will continue to aggressively pursue additional funding options. However, at this time funding is available to build approximately 2/3 of the project. Since the second TIP grant was for the northern portion of the project, and would be lost if that construction work is not completed, the decision has been made to start the first phase of construction at the I-70 ramps and improve Wadsworth as far south as available construction funding allows. A cost estimate has been completed for a construction project that starts just south of 41st Avenue (where Wendy’s/McDonald’s are located) and terminates at the I-70 ramps. Construction of this segment is estimated at less than $23 million, which is within the available construction budget. There are also a number of design and traffic considerations that make this a logical southern termination for the first phase of construction. Since there may be at least $1 million in available funding, in addition to preparing construction plans for the transition from the proposed to the existing improvements at Wendy’s/McDonald’s, HDR will be prepare four bid alternatives for various improvements between 35th and 41st Avenues, mostly focused on constructing the sidewalks and streetscape improvements. This contract amendment covers the preparation of the construction plans for the first phase of construction with the four bid alternatives. A contract award for Phase III of the Wadsworth Project for construction assistance will be presented to Council for approval in early 2021. Through existing agreements, the City retains the option to continue working with the awarded firm, HDR, Inc., for Phase III with the scope and fee being negotiated at that time. RECOMMENDATIONS: Staff recommends amending the Phase II contract for the Wadsworth Boulevard Improvement Project, Engineering Consulting Services, with HDR Engineering, Inc., to include the additional scope and fee needed to prepare the construction plans for the Phase 1 project with the four bid alternatives. RECOMMENDED MOTION: “I move to amend the contract for Engineering Consulting Services for Phase II of the Wadsworth Boulevard Improvement Project with HDR Engineering, Inc., Denver, CO, to incorporate additional design fees in the amount of $220,382.34 for a total project cost of $2,804,633.32.” Or, Council Action Form – Wadsworth Boulevard HDR Contract Amendment December 14, 2020 Page 4 “I move to deny amending the contract for Engineering Consulting Services for Phase II of the Wadsworth Boulevard Improvement Project with HDR Engineering, Inc., Denver, CO, to incorporate additional design fees in the amount of $220,382.34 for a total project cost of $2,804,633.32 for the following reason(s): __________________________________________.” REPORT PREPARED/REVIEWED BY: Mark Westberg, Project Manager Steve Nguyen, Engineering Division Manager Kenneth Johnstone, Director of Community Development Patrick Goff, City Manager ATTACHMENTS: 1. Phase II Additional Scope of Work 2. Phase II Additional Fees - Summary SCOPE OF WORK WADSWORTH BLVD WIDENING November 21, 2020 BID ALTERNATIVES 1 SECTION 1: PROJECT SPECIFIC INFORMATION PROJECT BACKGROUND The City of Wheat Ridge (City) has been working for several years to improve SH 121 / Wadsworth Boulevard. In 2015, they produced a Planning and Environmental Linkages (PEL) study for the portion of Wadsworth Boulevard from W 35th Avenue to I-70. Also in 2015, the City secured a DRCOG TIP grant providing the majority of the funding for construction and executed an IGA with CDOT outlining the framework for reconstruction of the street. A major part of the project is to reconstruct the street to a 6- lane section, provide better multimodal facilities, and provide enhanced amenity zones along the corridor. This work is expected to be accomplished in three phases: • Phase I – topographic survey, conceptual design, preparation of a template Environmental Assessment (EA) and 10% Plans • Phase II – 30% Preliminary Design (Field Inspection Review, FIR), 90% Final (Final Office Review, FOR), and 100% Advertisement Plans, Specifications & Estimate (PS&E) for project advertisement • Phase III – Bidding Assistance and Design Services During Construction (DSDC) (Future phase) Completion of Phase II has been delayed, but that process is nearing completion. During the design phase it became apparent to the City that their funding was insufficient for the entire final design. The purpose of this scope of work is for the Consultant team to re package the Final Design Plans at the new tie in location and provide packages for four bid alternatives. HDR and its subconsultants (Consultant) will provide the work described in this document. PROJECT GOALS The goals of this project are to repackage the Wadsworth widening final plans into a base bid that meets the City’s construction budget along with the development of four potential alternatives to be added to the bid. PROJECT LIMITS SH 121 from 38th Ave to I-70 interchange (Alternatives extend from 35th Ave to 38th Ave) PROJECT COST The estimated cost of this project will be developed and refined as the final design is modified. WORK DURATION The time period for the work is estimated to begin in December 2020 and end by March 2021. CONSULTANT RESPONSIBILITIES AND DUTIES  Project Management  Utility Coordination  Final Design for Roadway, Traffic, Drainage, Structures, Lighting, Multimodal, Stormwater Management, Landscaping, Construction Phasing  Plans, Specifications, and Cost Estimating for the Base Bid and the four Alternatives SCOPE OF WORK WADSWORTH BOULEVARD WIDENING November 21, 2020 BID ALTERNATIVES 2 WORK PRODUCT  Final Retaining Wall Structure Selection Report  Final Geotechnical and Foundation Recommendation Report  Advertisement/Bid Plans, Specifications, Cost Estimate for the Base Bid and the four Alternatives  Construction Plan Package for the Base Bid and the four Alternatives  Project Coordination  Meeting Minutes  Professional Engineer Stamped Record Sets Requirements are further described in the sections that follow. This scope of Work requires the use of English Units. - END SECTION 1 - SCOPE OF WORK WADSWORTH BOULEVARD WIDENING November 21, 2020 BID ALTERNATIVES 3 SECTION 2: PROJECT MANAGEMENT This task includes work associated with monitoring subconsultants, preparing invoices, and providing the City schedule updates for the duration of the task order. The Consultant will perform the tasks included in Section 2, unless otherwise stated. A. Project Meetings 1. Coordination Meetings. The City and Consultant team will meet as required. The meetings will review activities closed since the last meeting, problems encountered / anticipated and potential solutions, project schedule update, action items, and coordination required with other agencies. 2. Meeting Minutes. Project meeting minutes shall be prepared by the Consultant and provided to the City Project Manager (City PM). 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. B. Coordination. The Consultant is responsible for coordinating the required work accomplished by the City, Consultant team, and subconsultants. C. Quality Assurance/Quality Control. Commit to adhering to the QA/QC process throughout the project. - END SECTION 2 – SCOPE OF WORK WADSWORTH BOULEVARD WIDENING November 21, 2020 BID ALTERNATIVES 4 SECTION 3: DESIGN PACKAGES This task includes work required to modify the design in order to tie in at the new location, new design required for additional packages, and to update/create new plans and estimates. Stormwater management plans will be provided with each package. The Consultant will perform the tasks included in Section 3, unless otherwise stated. A. Base Bid 1. Modify Design. The final design for the base configuration will begin around station 35+00 and extend to the original northern limits. The Consultant will modify the design to match the existing infrastructure at or near station 35+00. 2. Design. The Base Bid will include mill and overlay of Wadsworth Blvd from the existing southern project limits (approximately 35th Ave) to the new southern limit at approximate station 35+00. New striping design will be completed as part of this design. 3. Update Plans. Plans will be updated to show the modified design. Anything not to be constructed as part of the base bid will be hatched and labeled as “not for construction”. 4. Coordination. Coordinate new southern full reconstruction limits with wet and dry utility relocations. 5. Cost Estimates. The Consultant will update quantities to match the base bid plans. The cost estimate will reflect those changes. B. Option 1 1. Design. Option 1 will include the following design elements: a. Widen Wadsworth Blvd to the west to allow for three through lanes in the southbound direction from 35+00 through the intersection at 38th Ave. b. Reconstruct the southwest corner of 38th Ave and Wadsworth Blvd to accommodate the third lane through the Corner’s development frontage. c. Reconstruct the northwest corner of 38th Ave and Wadsworth Blvd to the ultimate right turn lane and transition to tie into existing. d. Update striping to accommodate third lane. e. Reset/replace inlets as needed. f. Design the west sidewalk at the final location, redesign ADA ramps as needed to connect to existing side roads, and design interim driveway tie ins to the existing and widened roadway. g. Reconfigure lighting for pedestrian lighting of the sidewalk only. h. Implement final landscaping design wherefeasible. 2. Plans and Quantities. The Consultant will develop plans and update quantities to show only Option 1 design. 3. Estimate. New estimate to reflect only option 1. C. Option 2 1. Design. Option 2 will include the following design elements: a. Design the east sidewalk at the final location from station 35+00 to 38th Ave, redesign ADA ramps as needed to connect to existing side roads, and design interim driveway tie ins to the existing roadway. b. Reconfigure lighting for pedestrian lighting of the sidewalk only. SCOPE OF WORK WADSWORTH BOULEVARD WIDENING November 21, 2020 BID ALTERNATIVES 5 c. Implement final landscaping design where feasible. 2. Plans and Quantities. The Consultant will develop new plans and update quantities to show only Option 2 design. 3. Estimate. New estimate to reflect only option 2. D. Option 3 1. Design. Option 3 will include the following design elements: a. Design the east sidewalk from 35th Ave to 38th Ave, redesign ADA ramps as needed to connect to existing side roads, and design interim driveway tie ins to the existing and widened roadway. b. Reconfigure lighting for pedestrian lighting of sidewalk only. c. Implement final landscaping design where width is wide enough. d. This option does not include the noise wall, but will provide necessary retaining wall to construct the sidewalk. The wall is assumed to be the City’s standard block wall. e. Analyze offsite drainage at wall location and modify design as required. 2. Plans and Quantities. The Consultant will develop new plans and update quantities to show only Option 3 design. 3. Estimate. New estimate to reflect only option 3. E. Option 4 1. Design. Option 4 will include the following design elements: a. Restripe/realign lanes on Wadsworth Blvd from 35th through the 38th intersection to provide three through lanes in each direction. b. Provide new center median from 35th to 38th Ave. c. Reconstruct the pedestrian refuge island at the northeast corner of Wadsworth Blvd and 38th Ave to a yield right turn approach from 38th Ave and install a new signal pole. d. Reconstruct the pedestrian refuge island at the southeast corner of Wadsworth Blvd and 38th Ave to allow three lanes through and build new signal pole. 2. Plans and Quantities. The Consultant will develop new plans and update quantities to show only Option 4 design. 3. Estimate. New estimate to reflect only option 4. - END SECTION 3 - Wa d s w o r t h B o u l e v a r d W i d e n i n g ( 3 5 t h t o I - 7 0 ) B i d O p t i o n s F e e E s t i m a t e Fin a n c i a l A n a l y s t P r o j e c t M a n a g e r I I E n g i n e e r I Pr o j e c t M a n a g e r I V E I T I I P r o j e c t M a n a g e r I I CA D D / D e s i g n e r Su p e r v i s o r De s i g n e r / D r a f t e r I I E n g i n e e r i n g V P Pla n n e r I I Engineer IV Landscape Architect II Environmental Scientist II Project Manager I EIT II 2. 5 0 8 1 S t a r r e t t , T i f f a n y R F l i c k , M i c h a e l T As k h a m , M e r e d i t h Ma r s h a l l F r e e m a n , D a r i n A D h o n d e , S h a l a k a Ja y a n t ( S h a l a k a ) D o y l e , M i c h a e l Ch r i s t o p h e r (M i k e ) S c h a w o , Eli s a b e t h R Ma r t i n e z , I s a a c D M i l l a r , D a v i d S B a k e r , G r e g o r y R S e y e r , J o h n M F r e e d , K e n t L e e Tieszen, Brooklyn Addison (Booker)Acosta, Samuel D Vance, Anessa M Sc o p e I t e m s 4 56 60 20 96 48 48 84 19 11 8 98 40 90 22 194 997 108,630.70 $ SE C T I O N 1 4 56 60 0 0 0 0 0 0 0 0 0 0 0 0 120 14,238.52 $ A. P r o j e c t M e e t i n g s 1. C o o r d i n a t i o n M e e t i n g s a n d M i n u t e s 8 12 20 2,303.88 $ B. C o o r d i n a t i o n 1. C o o r d i n a t e w o r k b e t w e e n C i t y , C o n s u l t a n t T e a m , a n d S u b c o n s u l t a n t s 4 32 32 68 8,089.36 $ C. Q u a l i t y A s s u r a n c e / Q u a l i t y C o n t r o l 1. Q A / Q C 16 16 32 3,845.28 $ SE C T I O N 2 0 0 0 20 96 48 48 84 19 11 8 98 40 90 22 194 877 94,392.18 $ A. B a s e B i d - N e w c o n s t r u c t i o n s t o p s a r o u n d 3 5 + 0 0 , o v e r l a y a n d r e s t r i p e r e m a i n i n g p r o j e c t l i m i t s 1. U p d a t e F O R p l a n s t o s h o w n e w l i m i t s o f c o n s t r u c t i o n ( i n c l u d i n g o v e r l a y ) 4 8 24 11 20 24 6 12 8 34 151 17,860.14 $ 2. M o d i f y d e s i g n f o r n e w t i e i n l o c a t i o n 8 12 30 50 4,320.42 $ 3. U p d a t e d r a i n a g e r e p o r t 8 8 16 1,617.20 $ 3. Q A / F i l e M a n a g e m e n t 0 -$ B. O p t i o n 1 - W e s t S i d e 3 5 + 0 0 t o 3 8 t h A v e . C o n s t r u c t s i d e w a l k / s t r e e t s c a p e , w i d e n S B L a n e s t o p r o v i d e t h r e e la n e s ( i n c l u d e s r i g h t t u r n t o 3 8 t h ) , r e c o n s t r u c t S W c o r n e r o f 3 8 t h t o k e e p t h r e e l a n e s t h r o u g h t h e i n t e r s e c t i o n 1. M o d i f y s i d e w a l k d e s i g n t o t i e i n t o e x i s t i n g 0 -$ 2. M o d i f y s t r e e t s c a p e t o f i t w i t h n e w l i m i t s 10 18 28 2,857.80 $ 3. W i d e n S B L a n e s 4 54 12 70 8,561.66 $ 4. U p d a t e p h a s i n g p l a n s 24 24 48 5,835.84 $ 5. M o d i f y h y d r a u l i c / S W M P d e s i g n a n d u p d a t e p l a n s 2 50 52 4,449.26 $ 6. Q A / F i l e M a n a g e m e n t 0 -$ C. O p t i o n 2 - E a s t S i d e 3 5 + 0 0 t o 3 8 t h A v e . C o n s t r u c t s i d e w a l k / s t r e e t s c a p e 1. M o d i f y s i d e w a l k d e s i g n t o t i e i n t o e x i s t i n g 0 -$ 2. M o d i f y s t r e e t s c a p e t o f i t w i t h n e w l i m i t s 8 18 26 2,568.12 $ 3. U p d a t e p h a s i n g p l a n s 8 8 16 1,945.28 $ 4. M o d i f y S W M P d e s i g n a n d u p d a t e p l a n s 2 36 38 3,269.48 $ 5. Q A / F i l e M a n a g e m e n t 0 -$ D. O p t i o n 3 - E a s t S i d e 3 8 t h A v e t o 3 5 t h A v e . C o n s t r u c t s i d e w a l k / s t r e e t s c a p e , d o e s n ' t i n c l u d e n o i s e w a l l 1. M o d i f y s i d e w a l k d e s i g n t o t i e i n t o e x i s t i n g 16 96 48 40 200 21,275.84 $ 2. M o d i f y s t r e e t s c a p e t o f i t w i t h n e w l i m i t s 10 18 28 2,857.80 $ 3. U p d a t e p h a s i n g p l a n s 8 8 16 1,945.28 $ 4. M o d i f y h y d r a u l i c / S W M P d e s i g n a n d u p d a t e p l a n s 2 36 38 3,269.48 $ 5. Q A / F i l e M a n a g e m e n t 0 -$ E. O p t i o n 4 - R o a d w a y 3 8 t h A v e t o 3 5 t h A v e . R e a l i g n s t r i p i n g a n d m e d i a n s t o g e t t h r e e l a n e s i n b o t h d i r e c t i o n s , re c o n s t r u c t N E c o r n e r o f 3 8 t h t o a c c o m m o d a t e t h r e e l a n e s N B 1. R e s t r i p i n g f o r t h r e e l a n e s i n e a c h d i r e c t i o n 2 6 8 1,402.90 $ 2. D e s i g n m e d i a n s t o a c c o m m o d a t e t h r e e l a n e s i n e a c h d i r e c t i o n 6 12 18 1,808.64 $ 3. D e s i g n N E c o r n e r o f 3 8 t h 2 36 38 4,306.36 $ 4. U p d a t e p h a s i n g p l a n s 20 16 36 4,240.68 $ 5. Q A / F i l e M a n a g e m e n t 0 -$ 4 56 60 20 96 48 48 84 19 11 8 98 40 90 22 194 997 108,630.70 $ 39 8 . 8 0 $ 8,1 2 1 . 1 2 $ 5,7 1 8 . 6 0 $ 3,7 6 2 . 2 0 $ 7,4 1 6 . 0 0 $ 6, 1 3 4 . 8 8 $ 5, 6 5 8 . 2 4 $ 7,3 5 2 . 5 2 $ 4,4 5 6 . 6 4 $ 12 , 5 7 7 . 6 2 $ 15,251.74 $ 5,793.60 $ 7,047.00 $ 2,593.36 $ 16,348.38 $ 108,630.70 $ 108,630.70 $ Fix e d F e e ( 1 0 % ) 10,863.07 $ 10,863.07 $ Fa c i l i t i e d C a p i t a l C o s t o f M o n e y ( 0 . 5 5 2 5 % ) 239.30 $ 239.30 $ 0. 5 5 2 5 % Dir e c t E x p e n s e s -$ -$ -$ -$ HD R G R A N D T O T A L 119,733.07 $ HDR GRAND TOTAL Su b c o n s u l t a n t s 100,649.27 $ Hy d r o s y s t e m s ( I r r i g a t i o n D e s i g n ) 3,830.00 $ Lu n d -$ Pr o f e s s i o n a l P i p e S e r v i c e s -$ To o l e -$ WS P Se e W S P t a b f o r d e t a i l s . 96,819.27 $ Ye h ( G e o t e c h n i c a l ) -$ Ca r d n o -$ To t a l D e s i g n F e e 220,382.34 $ HD R T o t a l PR O J E C T M A N A G E M E N T Hours Cost DE S I G N ST R U C T U R E S TR A F F I C LANDSCAPING DRAINAGE 12/1/2020 AT T A C H M E N T 2 Wa d s w o r t h B l v d ( 3 5 t h t o I - 7 0 ) Date: 11/20/2020 WS P F E E E S T I M A T E f o r R E P A C K I N G C o n t r a c t M o d i f i c a t i o n St a f f / R a t e C. L a n g ( P M ) L. N e c h a n i c k y (R o a d ) E. G u i n a r d (R o a d ) C. A l b a n o (P r o d u c t i o n ) K. N e a l (C A D ) C. M e a d e (Q C ) D. M o e l l e r (E l e c t r i c a l ) D . K e i t h ( L i g h t i n g ) TOTALS TA S K 1 : R e p a c k a g e f o r B A S E B I D ( A d d i n o v e r l a y 4 1 s t t o 3 5 t h ) To t a l s 2 0 0 . 0 3 $ 1 1 2 . 6 8 $ 1 3 6 . 8 8 $ 8 8 . 4 4 $ 1 1 0 . 8 3 $ 1 3 6 . 8 8 $ 1 5 4 . 6 0 $ 1 5 7 . 6 6 $ De s i g n 38 6 3 2 Ro a d w a y P l a n s a n d Q u a n t i t i e s 60 2 6 3 0 4 Ut i l i t y P l a n s a n d Q u a n t i t i e s 28 1 2 14 2 Lig h t i n g P l a n s a n d Q u a n t i t i e s 22 2 12 2 4 2 Su b t o t a l 14 8 4 , 0 0 0 . 6 0 $ 6 , 5 3 5 . 4 4 $ - $ 4 , 9 5 2 . 6 4 $ - $ 1 , 0 9 5 . 0 4 $ 6 1 8 . 4 0 $ 3 1 5 . 3 2 $ 17,517.44 $ TA S K 2 : O p t i o n 1 - W e s t S i d e S i d e w a l k ( 4 1 s t t o 3 8 t h ) , W i d e n i n g a t 3 9 t h & 3 8 t h To t a l s De s i g n 58 4 5 4 Ro a d w a y P l a n s a n d Q u a n t i t i e s 64 32 2 4 8 Ut i l i t y P l a n s a n d Q u a n t i t i e s 20 6 12 2 Lig h t i n g P l a n s a n d Q u a n t i t i e s 22 12 2 4 4 Su b t o t a l 16 4 2 , 0 0 0 . 3 0 $ - $ 1 1 , 7 7 1 . 6 8 $ - $ 5 , 3 1 9 . 8 4 $ 1 , 6 4 2 . 5 6 $ 6 1 8 . 4 0 $ 6 3 0 . 6 4 $ 21,983.42 $ TA S K 3 : O p t i o n 2 - E a s t S i d e S i d e w a l k ( 4 1 s t t o 3 8 t h ) To t a l s De s i g n 16 4 1 2 Ro a d w a y P l a n s a n d Q u a n t i t i e s 48 16 2 8 4 Ut i l i t y P l a n s a n d Q u a n t i t i e s 19 8 10 1 Lig h t i n g P l a n s a n d Q u a n t i t i e s 22 12 2 4 4 Su b t o t a l 10 5 2 , 4 0 0 . 3 6 $ - $ 3 , 8 3 2 . 6 4 $ - $ 5 , 5 4 1 . 5 0 $ 9 5 8 . 1 6 $ 6 1 8 . 4 0 $ 6 3 0 . 6 4 $ 13,981.70 $ TA S K 4 : O p t i o n 3 - E a s t S i d e S i d e w a l k ( 3 8 t h t o 3 5 t h ) To t a l s De s i g n 48 4 4 4 Ro a d w a y P l a n s a n d Q u a n t i t i e s 44 1 2 2 8 4 Ut i l i t y P l a n s a n d Q u a n t i t i e s 19 4 14 1 Lig h t i n g P l a n s a n d Q u a n t i t i e s 22 12 2 4 4 Su b t o t a l 13 3 1 , 6 0 0 . 2 4 $ 6 , 3 1 0 . 0 8 $ - $ 4 , 7 7 5 . 7 6 $ - $ 9 5 8 . 1 6 $ 6 1 8 . 4 0 $ 6 3 0 . 6 4 $ 14,893.28 $ TA S K 5 : O p t i o n 4 - S B 3 - L a n e O p t i o n w / C e n t e r M e d i a n , P e d I s l a n d C h a n g e s a t 3 8 t h (e a s t s i d e ) To t a l s De s i g n 80 1 0 4 0 3 0 Ro a d w a y P l a n s a n d Q u a n t i t i e s 72 2 4 4 0 8 Ut i l i t y P l a n s a n d Q u a n t i t i e s 11 6 4 1 Lig h t i n g P l a n s a n d Q u a n t i t i e s 0 Su b t o t a l 16 3 3 , 2 0 0 . 4 8 $ 7 , 2 1 1 . 5 2 $ 4 , 1 0 6 . 4 0 $ 3 , 8 9 1 . 3 6 $ - $ 1 , 2 3 1 . 9 2 $ - $ - $ 19,641.68 $ TO T A L S 71 3 13 , 2 0 1 . 9 8 $ 20 , 0 5 7 . 0 4 $ 19 , 7 1 0 . 7 2 $ 13 , 6 1 9 . 7 6 $ 10 , 8 6 1 . 3 4 $ 5, 8 8 5 . 8 4 $ 2, 4 7 3 . 6 0 $ 2,207.24 $ 88,017.52 $ 10% FEE 8,801.75 $ TOTAL WSP FEE 96,819.27 $ ITEM NO: 11 DATE: December 14, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AMEND THE CONTRACT FOR RIGHT-OF- WAY ACQUISITION SERVICES FOR THE WADSWORTH BOULEVARD IMPROVEMENT PROJECT WITH HDR ENGINEERING, INC., DENVER, CO, FOR ADDITIONAL FEES IN THE AMOUNT OF $236,107.28 FOR A TOTAL PROJECT COST OF $1,653,102.28 AND AUTHORIZE STAFF TO INCREASE THE AMOUNT OF THE CONTRACT BY $30,000 FOR EACH ADDITIONAL EMINENT DOMAIN PROCEEDING PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Community Development Director City Manager ISSUE: A contract with HDR Engineering, Inc. was originally executed in 2018 for right-of-way (ROW) acquisition services. Due to additional tasks added to the scope of work, including assistance with eminent domain proceedings, a contract amendment needs to be executed to provide the funds necessary to complete the ROW acquisitions for the Wadsworth Improvement Project. This contract amendment includes work related to three ongoing eminent domain proceedings, and also accounts for the potential of additional eminent domain proceedings should they become necessary in the future. PRIOR ACTION: On December 10, 2018, Council approved a contract for ROW acquisition services with HDR, Inc. to prepare ROW plans and acquire ROW necessary to construct the project. Council Action Form – Wadsworth Boulevard HDR ROW Contract Amendment December 14, 2020 Page 2 On January 14, 2019, Council authorized staff to acquire ROW along the corridor. Council authorized the Mayor and the City Clerk to accept the acquired ROW on their behalf. The authority to use the City’s power of eminent domain was not authorized at that time. On October 12, 2020, Council authorized staff to acquire ROW, including the use of eminent domain, on six properties in which the negotiations were stalled or about to be stalled. Council will be considering use of eminent domain authority on eight (8) additional properties at the December 14, 2020 meeting. FINANCIAL IMPACT: The total available funding outlined in amendment #1 to the CDOT contract is $45 million to include $1,427,680.97 for environmental costs, $5.2 million for design and ROW consultant costs, $15 million for ROW acquisition and $23.3 million for construction. Funding for all of the phases of the Wadsworth project are budgeted in 2020 in both the Capital Improvement Program (CIP) and 2E Bond Fund budgets. The 2020 budget includes $15 million for ROW acquisitions along Wadsworth Boulevard. At this time the ROW costs are trending lower than the $15 million budget. Because the construction will not be starting until 2021, there is adequate funding appropriated in the 2020 budget for this proposed amendment. BACKGROUND: On December 10, 2018, Council approved a contract for ROW acquisition services with HDR, Inc. to prepare ROW plans and acquire ROW necessary to construct the project. On August 19, 2019, staff discussed the ROW acquisition process under the Uniform Act with Council in study session, including a lengthy discussion on the use of the City’s eminent domain authority, should that become necessary. At the December 16, 2019 Study Session, an overview of the ROW acquisition process was presented again for the benefit of the four new Council members. On September 21, 2020, staff updated Council in study session on the status of the ROW acquisitions, including the eleven properties which had either stalled in negotiations or were trending towards stalled negotiations. Subsequent to this meeting, progress was made on five (5) of the properties. For the remaining six (6) properties that had reached an impasse or might soon reach an impasse, Council granted staff the authority to use eminent domain at its meeting on October 12, 2020. Since then, progress was made on three (3) of the properties, so only three (3) properties are currently going through the eminent domain process. HDR has performed numerous tasks that were outside of the original scope of work due to the large number and varied nature of the acquisitions for this project. Also, assisting the City Attorney’s office in eminent domain proceedings was not included in the original scope of work due to the unknown number of acquisitions that might proceed with eminent domain. In addition, most of the negotiations for the acquisitions have occurred since COVID-19 dramatically changed how we are all conducting our business. A comparison of the original scope of work and additional tasks is included in Attachment 3. Since eminent domain may need to be used on up to eight (8) additional acquisitions that will need to occur quickly in January 2021, staff is requesting authority to award additional fees of up Council Action Form – Wadsworth Boulevard HDR ROW Contract Amendment December 14, 2020 Page 3 to $30,000 for each additional property that may need to proceed through the eminent domain process. The full $30,000 fee would only be utilized if the eminent domain acquisitions proceed all the way to a valuation trial, which is rare but possible. RECOMMENDATIONS: Staff recommends amending the contract for the Wadsworth Boulevard Improvement Project, ROW Acquisition Consulting Services, with HDR Engineering, Inc., to include the additional scope and fee needed to complete the project. RECOMMENDED MOTION: “I move to amend the contract for Right-of-Way Acquisition Services for the Wadsworth Boulevard Improvement Project with HDR Engineering, Inc., Denver, CO, for additional fees in the amount of $236,107.28 for a total project cost of $1,653,102.28 and authorize staff to increase the contract by $30,000 for each additional eminent domain proceeding.” Or, “I move to deny amending the contract for Right-of-Way Acquisition Services for the Wadsworth Boulevard Improvement Project with HDR Engineering, Inc., Denver, CO, for additional fees in the amount of $236,107.28 for a total project cost of $1,653,102.28 and authorize staff to increase the contract by $30,000 for each additional eminent domain proceeding for the following reason(s): __________________________________________.” REPORT PREPARED/REVIEWED BY: Mark Westberg, Project Manager Steve Nguyen, Engineering Division Manager Kenneth Johnstone, Director of Community Development Patrick Goff, City Manager ATTACHMENTS: 1. Scope of Work – Cost to Complete 2. Additional Fees – Cost to Complete 3. History and Out of Scope of Work Task Greg Lisa Konrad Crystal CJ Claudia Kate Heather Sandra Consultant Fees I. PM Greg Lisa Konrad Crystal CJ Claudia Kate Heather Sandra Consultant Fees a. Internal Meetings/Coordination 1- 1hr meetings in November 1 1 1 1 1 1 1 1 1- 1hr meetings in December 1 1 1 1 1 1 1 1 1- 1hr meeting in January 1 1 1 1 1 1 1- 1hr meetings in February 1 1 1 1 1 1 b. Fortnightly Meetings with Mark 2 - 1 hr meetings in November 2 2 2 - 1 hr meetings in December 2 2 2 - 1 hr meetings in January 2 2 2 - 1 hr meetings in February 2 2 2 - 1 hr meetings in March 2 2 2 - 1 hr meetings in April 2 2 c. Steve Nguyen Meeting 2 - 1 hr meetings in November 2 2 2 - 1 hr meetings in December 2 2 2 - 1 hr meetings in January 2 2 c. Prepare CDOT Reimbursement Requests 2.5 10 Assume five requests d. Assist with Second City Council Condemnation Request 2 e. Process and Review Monthy Invoices Assume 8 invoices - November 2020 through June 2021 8 16 f. Contract Management for Subconsultants for Condemnation 8 12 g. Assist with Preparation of CDOT request for conditional ROW clearance 6 II. RIGHT OF WAY PLANS Greg Lisa Konrad Crystal CJ Claudia Kate Heather Sandra Consultant Fees a. Get latest updated set of ROW plans approved by CDOT 1 3 b. Coordinate, review and get CDOT approval of one more ROW plans modification, if needed. Assume $5K for Topographic Land Surveyors (formerly Lund).2 4 $5,000 III. APPRAISAL Greg Lisa Konrad Crystal CJ Claudia Kate Heather Sandra Consultant Fees a. Coordinate M-Side City and landowner appraisal review 2 b. Complete review and coordination of processing all unpaid City and landowner appraisal fees 6 IV. ACQUISITION NEGOTIATION Greg Lisa Konrad Crystal CJ Claudia Kate Heather Sandra Consultant Fees Crystal (1) Angus Properties: final file 1.5 (10) NNN 38th and Wadsworth, LLC: negotiations on MOA, assist with closing, final file 4 6 (13) 3815 Wadsworth, LLC: negotiations on MOA. Assist with closing, final file.6 8 (20) Cramer Trust: final file 2 (21) Anderson: final file 1.5 (24) Wai Ling Leung: final file 1.5 (30, 31) Three Acre Lane: negotiations on MOA, assist with closing, final file 6 8 Scope of Work - ROW for Wadsworth Widening, Contract Modification (33) Brodie: continue negotiations, assist with closing, final file (if agreement reached)4 8 (39) Commercial Federal: negotiations on MOA, assist with closing, final file 6 8 (40) Vohoska: continue negotiations, assist with closing, final file (if agreement reached)4 8 (42) Broadstone: negotiations on MOA, assist with closing, final file 4 6 (62) Quintana and Rivas: final file 1.5 (68) Barrett: final file 1.5 (69) Seun Phommotha: continue negotiations, assist with closing, final file (if agreement reached)2 8 Claudia (4) Mside: Prepare documents, conduct negotiation, assist with closing, final file 2 1 24 (7) Batt Cave: final file 1.5 (9) Alfredo Acevedo: final file 1.5 (23) Wadsworth 4045 Condominium Association, Inc.: Finalize MOA, assist with closing, final file 2 (26) Colson Trust et al: final file 1 2 (36) Graul: final file 2 (37) FirstBank of Wheat Ridge: Negotiations on MOA, assist with closing, final file 6 8 (41) Pacific Realty: continue negotiations, assist with closing, final file (if agreement reached) 6 8 (55) KB Pico Rivera: final file 1.5 (58) MZ Ventures: final file 1.5 (60) Jefferson Center for Mental Health: final file 1.5 (61) Caine Knapp: final file 1.5 (64) Maldonado: final file 1.5 (65) Aeriel Clinical: final file 1.5 (72) Schitter: final file 1.5 (74) All Sacred: final file 1.5 CJ QA/QC 24 (11) 5G Holdings: final file 2 (12,14,16,19) Wheat Ridge Station, LLC: final file 1.5 (15) Wilmore 38, LLC: Negotiations on MOA, assist with closing, final file 2 6 (17) Munchkin: final file 1.5 (27, 29) 44th and Wadsworth LLC: continue negotiations, assist with closing, final file (if agreement reached)2 6 (34) Homefray Creek: continue negotiations, assist with closing, final file (if agreement reached)6 (35) Two Sissies: final file 1.5 (44, 45) Jefferson County Housing Authority: finalize MOA, assist with closing, final file 4 (46, 47) Leftin: Negotiations on MOA, assist with closing, final file 4 8 (49) Bella Trova: continue negotiations, assist with closing, final file (if agreement reached)2 6 (50) Holy Cross: continue negotiations, assist with closing, final file (if agreement reached) 2 1 16 (51) Abundant Grace: final file 1.5 Konrad (63) ML Rentals: final file 1.5 (66) Glazer: final file 1.5 (70) Baillie: final file 1.5 V. CLOSINGS Greg Lisa Konrad Crystal CJ Claudia Kate Heather Sandra Consultant Fees Kate (1) Angus Properties 1 (4) Mside 2 (7) Batt Cave 1 (10) NNN 38th and Wadsworth, LLC 2 (12, 14, 16, 19) Wheat Ridge Station, LLC 2 (15) Wilmore 38, LLC 2 (20) Cramer Trust 2 (21) Anderson 1 (23) Wadsworth Condominium Association, Inc.2 (27) 44th and Wadsworth LLC 2 (30, 31) Three Acre Lane 4 (33) Brodie 2 (35) Two Sissies 1 (36) Graul 6 (37) FirstBank of Wheat Ridge 2 (39) Commercial Federal 4 (40) Vohoska 2 (41) Pacific Realty 4 (42) Broadstone 2 (44, 45) Jefferson County Housing Authority 2 (49) Bella Trova 2 (50) Holy Cross 2 (55) KB Pico Rivera 1 (58) MZ Ventures 1 (60) Jefferson Center for Mental Health 1 (61) Caine Knapp 1 (62) Quintana and Rivas 1 (64) Maldonado 1 (66) Glazer 1 (68) Barrett 1 (69) Seun Phommotha 2 (70) Baillie 1 (72) Schitter 1 (74) All Sacred 1 VII. RELOCATION Greg Lisa Konrad Crystal CJ Claudia Kate Heather Sandra Consultant Fees Midas: process claims and closeout 2 4 18 Rallibertos: prepare and approve determinations, relocation assistance, process claims, closeout 4 8 4 32 Owners of Rallibertos: prepare and approve determinations, relocation assistance, process claims, closeout 12 10 60 Bank of the West: prepare and approve determinations, relocation assistance, process claims, closeout 12 20 10 80 180 Personal Property Relocations (Bank of the West Safe Deposit Boxes)4 8 130 130 130 Schitter: prepare and approve determinations, relocation assistance, process claims, closeout 6 8 4 20 Kay (Schitter's tenant): prepare and approve determinations, relocation assistance, process claims, closeout 6 16 50 Bailee (Personal Property): prepare and approve determinations, relocation assistance, process claims, closeout 1 12 Lai Fong Choo's Tenant (Personal Property): prepare and approve determinations, relocation assistance, process claims, closeout 12 12 VIII. RESOLVE OBJECTIONS TO 138s Greg Lisa Konrad Crystal CJ Claudia Kate Heather Sandra Consultant Fees (13) 3815 Wadsworth (RISAS)2 2 2 (33) Broadstone 1 2 6 TOTALS - FROM ABOVE 155.5 91 57.5 215.5 132 287 73 294 28 $5,000 VI. CONDEMNATION Greg Lisa Konrad Crystal CJ Claudia Kate Heather Sandra Consultant Fees (17) Munchkin Update appraisal report to date of value $5,000 Prepare for and Testify at Immediate Possession Hearing 12 12 Harold McCloud: Prepare for and testify at Immediate Possession Hearing 12 hrs X $300/hr = $3,600 $3,600 Prepare for and Testify at Valuation Trial 16 8 Harold McCloud: Prepare for and testify at Valuation Trial 40 hrs X $300/hr = $12,000 $12,000 (28) CINNA Update appraisal report to date of value $5,000 Prepare for and Testify at Immediate Possession Hearing 12 12 Harold McCloud: Prepare for and testify at Immediate Possession Hearing 12 hrs X $300/hr = $3,600 $3,600 Prepare for and Testify at Valuation Trial 16 8 Harold McCloud: Prepare for and testify at Valuation Trial 40 hrs X $300/hr = $12,000 $12,000 (41) Pacific Realty Update appraisal report to date of value $4,000 Prepare for and Testify at Immediate Possession Hearing 12 12 Charles Nelson: Prepare for and testify at Immediate Possession Hearing 12 hrs X $250/hr = $3,000 $3,000 Prepare for and Testify at Valuation Trial 16 8 Charles Nelson: Prepare for and testify at Valuation Trial 40 hrs X $250/hr = $10,000 $10,000 TOTALS - CONDEMNATION ONLY 84 0 24 0 24 12 0 0 0 58200 GRAND TOTAL 239.5 91 81.5 215.5 156 299 73 294 28 $63,200 Project Number Location Firm Name HDR Engineering, Inc.Contract:OLA#:2.Blank Name of Preparer Phone no. Scope of Work Date Type of Proposal: COST PLUS FIXED FEE Contract Term: 1A.LABOR RATES DIRECT LABOR SALARY INDIRECT RATE EMPLOYEE EMPLOYEE COST/HOUR COST (%)MULTIPLIER $/HOUR NAME CLASSIFICATION ( a )( b )( c )( d )Office Personnel Jamieson, Gregory A Project Manager IV 76.98$ 150.81%2.5081 193.07$ Gerondale, Lisa R Project Manager IV 63.71$ 150.81%2.5081 159.79$ Vallard, Konrad Wayne Right-of-Way Specialist 46.32$ 150.81%2.5081 116.18$ Sanchez, Crystal Right-of-Way Specialist 36.06$ 150.81%2.5081 90.44$ Pietri, Carlos A Planner I 33.95$ 150.81%2.5081 85.15$ Lopez, Claudia (Claudia)Planner I 28.25$ 150.81%2.5081 70.85$ Dennis, Kate Right-of-Way Specialist 28.85$ 150.81%2.5081 72.36$ Ault, Heather Right-of-Way Specialist 26.95$ 150.81%2.5081 67.59$ Fisher, Sandra Folse Financial Analyst 39.91$ 150.81%2.5081 100.10$ 1B.LABOR COSTS ESTIMATED LABOR RATE NUMBER OF ESTIMATED EMPLOYEE EMPLOYEE $ / HOUR WORK HOURS COST PER NAME CLASSIFICATION ( d )( e )EMPLOYEEOffice Personnel Jamieson, Gregory A Project Manager IV 193.07$ 239.50 46,240.27$ Gerondale, Lisa R Project Manager IV 159.79$ 91.00 14,540.89$ Vallard, Konrad Wayne Right-of-Way Specialist 116.18$ 81.50 9,468.67$ Sanchez, Crystal Right-of-Way Specialist 90.44$ 215.50 19,489.82$ Pietri, Carlos A Planner I 85.15$ 156.00 13,283.40$ Lopez, Claudia (Claudia)Planner I 70.85$ 299.00 21,184.15$ Dennis, Kate Right-of-Way Specialist 72.36$ 73.00 5,282.28$ Ault, Heather Right-of-Way Specialist 67.59$ 294.00 19,871.46$ Fisher, Sandra Folse Financial Analyst 100.10$ 28.00 2,802.80$ TOTAL HOURS 1477.50 TOTAL LABOR 152,163.74$ 2. FEE %13.00%FIXED FEE 19,781.29$ FCCM - Office 0.5740%348.25$ FCCM - Field 0.3186%-$ TOTAL 172,293.28$ 3A.OTHER DIRECT COST RATES (IN-HOUSE)*: ITEM ESTIMATED UNIT ESTIMATED UNITS RATES COST Mileage 700 0.52$ 364.00$ *Prior Approval from CDOT Project Manager required SUBTOTAL 364.00$ 3B.OTHER DIRECT COSTS (OUTSIDE)*:ESTIMATED UNIT ESTIMATED ITEM UNITS RATES COST Other (Printing/Reproduction/Postage)Actual Cost 250.00$ *Prior Approval from CDOT Project Manager required SUBTOTAL 250.00$ ODC TOTAL 614.00$ 4A.OUTSIDE SERVICES RATES (SUBCONSULTANTS)ESTIMATED COST Topographic Land Surveyors 5,000.00$ Harold McCloud 41,200.00$ Charles Nelson 17,000.00$ 4B.OUTSIDE SERVICES (VENDORS)*:ESTIMATED COST *Prior Approval from CDOT Project Manager required TOTAL OUTSIDE SERVICES 63,200.00$ 172,907.28$ TOTAL ESTIMATED COST 236,107.28$ PROJECT COST WORKSHEET (COST PLUS FIXED FEE) Greg Jamieson NHPP 1211-086 Wadsworth (SH 121), W. 35th Ave. to I-70 - COST TO COMPLETE (No Condemnation) 1.Blank 303-929-9367 11/2/2020 TOTAL HDR SERVICES TBD R. Bradley Martin, Sr. Vice President I am a representative of HDR Engineering, Inc., duly authorized to contractually bind the firm. My signature below constitutes formal agreement (without further signature) to a Task Order, which is issued by the State pursuant to the terms of this Task Order Proposal, without substantive change. I also declare that to the best of my knowledge the wage rates and other factual unit rates supporting the compensation to be paid by CDOT for the professional services on this document are accurate, complete, and current at the time of contracting, and include no unallowable or duplicate costs. DATE SIGNATURETYPED NAME hdrinc.com 1670 BroadwaySuite 3400Denver, CO 80202-4824 (303) 764-1520 1 ROW for Wadsworth Widening – History and Out of Scope Work I. Original Contract a. Amount: $1,416,995 ($1,344,395 + $72,600 early action administrative approval) i. Acquisitions from 64 ownerships 1. Difference from scope - 66 actual ii. 8 totals – 5G Holdings, Ed Colson Trust, et al, Cynthia and Todd Youngblood, Munchkin Properties, Three Acre Lane (2), Commercial Federal, Rambod Farhoodi 1. Difference from scope - Munchkin Properties, Three Acre Lane and Rambod Farhoodi were not total acquisitions. All three have been complex partial acquisitions iii. 52 appraisals iv. 12 waiver valuations v. 16 business relocations 1. 5G Holdings (assumed this 2 relos as a landlord and tenant – turned out to be one) a. Difference from initial scope - assumed this was 2 relos as a landlord and tenant – turned out to be one. It was complex. 2. Ed Colson Trust, et al 3. Raliberto’s restaurant 4. 8 tenants in Munchkin properties a. Difference from scope – no relocations 5. Pearson Law Firm a. Difference from scope – no relocation 6. Bank of the West 7. Jeffrey Schitter 8. Rambod Farhoodi a. Difference from scope – no relocation vi. One residential relocation vii. 10 personal property relocations 1. Current estimate 182 personal property relocations viii. Schedule 1. Initial SOW stated: The specific ROW Project Schedule will be developed between HDR and the City. An anticipated general ROW schedule is included below. Significant deviation from this schedule for circumstances unrelated to HDR’s activities may require an amendment to this Scope of Work and fee. This Scope of Work assumes that most ROW activities will be completed by January 2020, and remaining ROW activities will be completed no later than January 2021. ROW Services ATTACHMENT 3 hdrinc.com 1670 BroadwaySuite 3400Denver, CO 80202-4824 (303) 764-1520 2 required past this date may require an amendment to this Scope of Work and additional fee to finalize outstanding ROW items. 2. Actual: a. FONSI not issued until 9/2019. ROWPR 10/2020. ROW plan approval 11/22/2019. b. Significant delay on CDOT appraisal reviews c. Approx. one year delay II. Differences from Contract a. PM i. More internal and external coordination meetings than anticipated in intial scope for project delays due to delay in signing FONSI and CDOT delay in appraisal reviews ii. Attendance at Steve Nguyen meetings iii. Prepare for, attend and present at City Council meetings on seeking condemnation authority iv. Prepare CDOT reimbursement requests v. Prepare FHWA annual reports vi. Prepare for and attend additional FOR vii. Meetings with Scott Albertson and Rambod Farhoodi on access to the Farhoodi property prior to completion of ROW plans. Resulted in change of design plans for direct access from Wadsworth. viii. Assist with preparation of request for conditional ROW clearance. b. Title: 71 commitments i. Initially 14 Front Range, 57 Fidelity ii. Front Range goes out of business, 14 more ordered from Fidelity c. Survey/ROW Plans i. Lund – ROW plans changes after initial approval: 1. Commercial Federal – partial to total 2. MSide – simple TE to complex fee, PE and TE 3. Mod to NNN 38th and Wadsworth LLC 4. Mod to Wheat Ridge Station LLC hdrinc.com 1670 BroadwaySuite 3400Denver, CO 80202-4824 (303) 764-1520 3 5. Good Times – discovered dedication, asked for legal guidance, took it out 6. Mod to three Acre Land 7. Mod to Vohoska 8. Mod to Baillie 9. Mod to Schitter 10. MZ Ventures owner change 11. Seun Phommotha owner change d. Project Delay due to Delay In Signing FONSI i. Contract signed in January 2019. Anticipated ROW Plan approval in June 2019. FONSI not issued until September 2019. Coordination with Jessica, Nancy and Joy on setting ROWPR pre-FONSI. CDOT (Jessica) would not allow it. e. Appraisals i. Delays in CDOT appraisal review. Additional coordination with changing staff and encouraging completions over a longer than anticipated time frame. ii. Update after completed appraisal - plan revision to Schitter iii. Update after completed appraisal - plan revision to Baillie iv. Update after completed appraisal - plan revision to Jefferson County Housing Authority f. Acquisitions i. 2 ownership changes (Seun Phommotha and MZ Ventures) ii. Develop three nonexclusive access easement templates. Coordinate with Mike Flick and Mark Westberg iii. Develop sign removal language. Coordinate with Mike Flick and Mark Westeberg iv. Developed and coordinated different documents for enforcing dedications and other commitments for RW-43, RW-44 and RW-46 v. Kate coordination, tracking, working with Mark Colson and Mark Westberg on closings and advising the City of status of all closings vi. Prepare leases for lease backs for Midas, Rallibertos and Commercial Federal. Get approved by attorneys. vii. Complex MOAs (either prepared, or responded to attorney’s changes). FirstBank of Wheat Ridge, Three Acre Lane, Commercial Federal, Leon J. Brodie, 3815 Wadsworth, LLC, Wilmore 38, LLC, 5G Holdings, Edward Colson, et al, Vohoska, Bell Trova, KB Pico Rivera viii. Vohoska. Agreement with landowner. Extensive additional negotiation with Walgreen’s (tenant) ix. CJ attempting to negotiate cross access agreements with Bella Trova and adjacent properties on either side. hdrinc.com 1670 BroadwaySuite 3400Denver, CO 80202-4824 (303) 764-1520 4 x. Coordinate and attend meetings with Pacific Realty and Jeffco Housing Authority concerning JHA’s propose purchase of the Pacific Realty site. g. Form 138s i. Coordinated with Engineering ii. Prepared 23 Form 138s. Coordinated review and signature with CDOT. iii. Work out of objections by Three Acre Lane, Broadstone, RISAS, Munchkin, Jiffy Lube 1. Graphics prepared for Jiffy Lube and RISAS meetings 2. Webex meetings for Three Acre Lane, Broadstone, Jiffy Lube and RISAS 3. Changed Broadstone, Three Acre Land and Jiffy Lube to resolve objections 4. Coordinated with Jerry Dahl and prepared Access Declaration for RISAS cross access through Wilmore iv. Change prior Munchkin Form 138 to one right in and one right out instead of closure of one access v. Change prior Jiffy Lube Form 138 to right in only instead of closure vi. Change prior Bella Trova Form 138 to one right in and one right out vii. Change prior Three Acre Lane from closure to right in, right out viii. Change Broadstone to right in only instead of closure h. Relocation i. Contract assumed 16 business relocations. Actual 5 business relocations. 1. Bank of the West more complex than anticipated 2. All business relocations more complex than anticipated due to COVID concerns ii. Contract assumed one residential relocation 1. Needed a Thai interpreter. Kay speaks broken English 2. More complex than anticipated due to COVID concerns iii. Contract assumed 10 personal property relocations 1. Actual is 182 personal property relocations ITEM NO: 12 DATE: December 14, 2020 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 60-2020 - A RESOLUTION CONCERNING THE ACQUISITION AND ACCEPTANCE OF EIGHT PROPERTIES ON WADSWORTH BOULEVARD FOR THE PURPOSE OF CONSTRUCTING, INSTALLING, MAINTAINING, AND USING PUBLIC IMPROVEMENTS FOR IMPROVING WADSWORTH BOULEVARD 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 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Director of Community Development City Manager ISSUE: The proposed improvements to Wadsworth Boulevard require that additional right-of-way (ROW) be purchased to allow for the construction of public improvements. This resolution authorizes the use of the City’s power of eminent domain in order to facilitate the acquisition of right-of-way from eight properties along Wadsworth Boulevard that have not reached consensual agreements. PRIOR ACTION: On December 10, 2018, Council approved a contract for ROW acquisition services with HDR, Inc. to prepare ROW plans and acquire ROW necessary to construct the project. Council Action Form – Wadsworth ROW Acquisition December 14, 2020 Page 2 On January 14, 2019, Council authorized staff to acquire ROW along the corridor. Council authorized the Mayor and the City Clerk to accept the acquired ROW on their behalf. The authority to use the City’s power of eminent domain was not authorized at that time. On October 12, 2020, Council authorized staff to use its power of eminent domain to acquire ROW along the corridor for six (6) specific properties, if necessary. FINANCIAL IMPACT: In late November 2018, City staff administratively approved an early action scope and fee of $72,600 with HDR to order the required 66 title commitments required for ROW acquisition along Wadsworth Boulevard. On December 10, 2018, an additional $1,344,394.91 was approved by City Council for the ROW acquisition work for a total HDR contract for ROW acquisitions services of $1,416,994.91. The financial impact of right-of-way acquisition includes costs associated with the purchase of real property as well as consultant fees for ROW acquisition services. The City’s 2020 budget includes $15 million for ROW acquisitions along Wadsworth Boulevard. BACKGROUND: On August 19, 2019, staff discussed the ROW acquisition process under the Uniform Act with Council in study session, including a lengthy discussion on the use of the City’s eminent domain authority, should that become necessary. At the end of the discussion, Council reached a consensus to withhold the use of eminent domain to acquire ROW until a future date. On December 16, 2019, staff updated Council in study session on the status of the ROW acquisitions. At that time, the acquisition process for the partial acquisitions had just started. Staff again discussed the use of eminent domain for the benefit of the four new Council members. Council again reaffirmed that the authority to use eminent domain was not being granted at that time. On September 21, 2020, staff updated Council in study session on the status of the ROW acquisitions, including the eleven (11) properties which had either stalled in negotiations or were trending towards stalled negotiations. The negotiations had stalled or slowed for two main reasons: 1) certain impacted parties are simply not choosing to respond to the City or the City’s ROW consultant team; and/or 2) substantial differences in perceived property value still exist, or have reached an impasse, meaning that an agreement on value does not seem possible. Subsequent to this meeting, progress was made on five (5) of the properties. For the remaining six (6) properties that had reached an impasse or might soon reach an impasse, Council granted staff the authority to use eminent domain for the remaining six properties at its meeting on October 12, 2020. Since then, progress was made on three of the properties, so the other three (3) properties are currently going through the eminent domain process. Council Action Form – Wadsworth ROW Acquisition December 14, 2020 Page 3 Acquisition Status City and consultant staff continue to work diligently to resolve the remaining outstanding acquisitions. At the time of this memo, the current acquisition status is summarized as follows and described further below: • 54 Properties – Resolved o 29 – Closed o 22 – Signed agreements o 3 – Proceeding thru eminent domain process • 11 Properties – Pending o 1 – Offer still pending, located outside of Phase 1 o 2 – Promising, included in previous eminent domain authorization o 6 – Promising o 2 – Worried The property that has not received an offer is located south of 38th Avenue and is not included within the limits of the proposed Phase 1 construction. Staff intends to still acquire the property prior to the start of construction, but the start of the acquisition of that property was delayed due to the late addition of the noise wall along that property and the need for additional ROW to accommodate the noise wall. Six of the remaining eight properties move into the Promising category, meaning the purchase amount has been verbally agreed upon by the landowner and the City, for several weeks and sometimes months, but the verbal commitments have not reached the point of achieving a signed agreement. Two of the properties recently moved into the Worried category due to a lack of response from either the property owner or a large corporate tenant. Project Schedule Previously, staff has discussed with Council that because of delays that largely occurred during the environmental approval process and secondarily related to the COVID-19 pandemic, the Project received its second “strike” due to not being advertised for bids by October 1, 2020. The second strike was received from the Denver Regional Council of Governments (DRCOG) for the $25 million federal grant that was received in 2014. The Mayor and staff attended the DRCOG Board Meeting on November 18, 2020 to request that DRCOG allow the City to keep the grant. The Board approved an extension moving the deadline for bid advertisement from October 1, 2020 to March 29, 2021. To meet this deadline the project schedule is targeting an advertisement date in early March 2021 and requires that the ROW acquisitions are substantially completed by the end of December 2020. In order for City and consultant staff to substantially complete the eight (8) acquisitions that do not have signed agreements, staff is requesting that Council approve a resolution authorizing the acquisition of ROW with the authority to use eminent domain, if necessary, for those eight (8) properties. Council Action Form – Wadsworth ROW Acquisition December 14, 2020 Page 4 City and consultant staff will continue to work diligently to reach consensual agreements with the ten (10) outstanding acquisitions before the end of December 2020. However, in order to keep the project compliant with DRCOG’s March 2021 advertisement deadline, any acquisitions that are still outstanding at the end of December 2020, will be filed on promptly in January 2021. RECOMMENDATIONS: Staff recommends that City Council approve the attached resolution authorizing acquisition and acceptance of eight (8) properties along Wadsworth Boulevard, including the use of eminent domain if necessary, for the purposes of improving Wadsworth Boulevard. RECOMMENDED MOTION: “I move to approve Resolution No. 60-2020, a resolution concerning the acquisition and acceptance of eight properties on Wadsworth Boulevard for the purpose of constructing, installing, maintaining, and using public improvements for improving Wadsworth Boulevard by either negotiation and voluntary purchase or, if necessary, through the utilization of the City’s power of eminent domain, and authorizing such action as necessary to accomplish said purposes.” Or, “I move to postpone indefinitely Resolution No. 60-2020, a resolution concerning the acquisition and acceptance of eight properties on Wadsworth Boulevard for the purpose of constructing, installing, maintaining, and using public improvements for improving Wadsworth Boulevard by either negotiation and voluntary purchase or, if necessary, through the utilization of the City’s power of eminent domain, and authorizing such action as necessary to accomplish said purposes, for the following reason(s) __________________________________________.” REPORT PREPARED/REVIEWED BY: Mark Westberg, Project Manager Steve Nguyen, Engineering Division Manager Kenneth Johnstone, Director of Community Development Patrick Goff, City Manager ATTACHMENTS: 1. Resolution 60-2020 2. Exhibits A(1)-A(8) – Listing of Owners/Addresses CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 60 Series of 2020 TITLE: A RESOLUTION CONCERNING THE ACQUISITION AND ACCEPTANCE OF EIGHT PROPERTIES ON WADSWORTH BOULEVARD FOR THE PURPOSE OF CONSTRUCTING, INSTALLING, MAINTAINING, AND USING PUBLIC IMPROVEMENTS FOR IMPROVING WADSWORTH BOULEVARD BY EITHER NEGOTIATION AND VOLUNTARY PURCHASE OR, IF NECESSARY, THROUGH THE UTILIZATION OF THE CITY’S POWER OF EMINENT DOMAIN, AND AUTHORIZING SUCH ACTION AS NECESSARY TO ACCOMPLISH SAID PURPOSES WHEREAS, the City of Wheat Ridge, Colorado possesses the power of eminent domain pursuant to Article XX, §§1 and 6 of the Colorado Constitution, Section 16.4 and 1.3 of the City of Wheat Ridge Home Rule Charter, C.R.S. §38-1-101, et seq., and C.R.S. § 38-6-101, et seq.; and WHEREAS, the City Council for the City of Wheat Ridge seeks to acquire certain property rights from eight (8) properties more particularly described and shown on Exhibits A(1)-A(10) for the purposes of constructing, installing, maintaining and using public improvements for improving Wadsworth Boulevard in Wheat Ridge, Colorado; and WHEREAS, the City of Wheat Ridge has complied and intends to continue to comply with all applicable provisions of C.R.S. § 38-1-101, et seq., including, but not limited to, the notice and good faith negotiation requirements and provisions thereof. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge that: Section 1. The term “Subject Properties” means the interest in the eight (8) real properties more particularly described on Exhibits A(1)-A(8) along Wadsworth Boulevard. Section 2. The City Council hereby finds that the acquisition of the Subject Properties for the construction, installation, maintenance and use of the public improvements for improving Wadsworth Boulevard will serve a proper, public and municipal purpose and use, and that such acquisition is necessary and essential to this public purpose and use. The City Council hereby declares its intent to acquire the Subject Properties for the purposes stated herein. Section 3. The City Manager or his designee, in consultation with the City Attorney, is directed to provide notice of the City’s intent to acquire the Subject ATTACHMENT 1 Properties to the various owners of said properties and to thereafter conduct good faith negotiations with the owners for the acquisition of the property rights sought. The City Manager is authorized to make offers for all of the Subject Properties based upon the appraisal or fair market valuation of the same, and is further authorized to execute agreements for the acquisition of the Subject Properties. Section 4. If, after making good faith offers to acquire the Subject Properties, the City is unable to acquire the necessary property rights by negotiation and/or voluntary purchase, the City Attorney is hereby authorized to institute and prosecute eminent domain proceedings in the name of the City so as to acquire the Subject Properties by condemnation. In the prosecution of any eminent domain actions to acquire the Subject Properties, the City shall have and retain all rights and powers lawfully delegated to it by the Colorado Constitution, the City of Wheat Ridge Home Rule Charter, and C.R.S. § 38-1-101, et seq. and C.R.S. § 38-6-101, et seq. Section 5. The City Manager or his designee, in consultation with the City Attorney, is authorized to seek and to take immediate possession of the Subject Properties as may be necessary for constructing, installing, maintaining and using public improvements for improving Wadsworth Boulevard, and to make such deposits or other payments as may be necessary in connection therewith. If eminent domain proceedings are instituted, the City Manager or his designee, in consultation with the City Attorney, is authorized to retain such expert witnesses, including appraisers, as the City determines are necessary for the eminent domain proceedings. Section 6. The City Manager or his designee, in consultation with the City Attorney, are hereby specifically authorized to make such reasonable or necessary amendments and corrections to the terms and/or legal descriptions of the Subject Properties to be acquired, including authorization to include such additional or other property rights necessary or desirable for the City to acquire so as to construct, install, maintain and use the public improvements for multi modal improvements. The Mayor and City Clerk are hereby authorized and directed to execute an acceptance of the interests in real property when acquired. Section 7. The City Council hereby finds, determines and declares that this Resolution is promulgated under the general police power of the City of Wheat Ridge, that it is adopted for the health, safety and welfare of the public, and that this Resolution is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Resolution bears a rational relation to the proper legislative object sought to be obtained. Section 8. If any clause, sentence, paragraph or part of this Resolution or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 9. This Resolution shall become effective immediately upon adoption. DONE AND RESOLVED this 14th day of December 2020. ___________________________ Bud Starker, Mayor ATTEST: ___________________________ Steve Kirkpatrick, City Clerk LISTING OF PROPERTY OWNERS/ADDRESSES [EXHIBITS A(1) – A(8)] EXH. # RW # OWNER ADDRESS A(1) 10 NNN 38th and Wadsworth LLC 3790 Wadsworth Blvd. A(2) 13 3815 Wadsworth LLC 3815 Wadsworth Blvd. A(3) 15 and 15A Wilmore 38 LLC 7615 W. 38th Ave. A(4) 30 and 31 Three Acre Lane, LLC 4175 Wadsworth Blvd. A(5) 33 Leon J. Brodie 4275 Wadsworth Blvd. A(6) 39 Commercial Federal Savings and Loan Association 7575 West 44th Avenue A(7) 40 and 40A Vohoska Family Trust and Vohoska Surviving Settlor's Trust 4401 Wadsworth Blvd. A(8) 42 Broadstone RL Portfolio, LLC 4455 Wadsworth Blvd. ATTACHMENT 2 Page 1 of 2 CITY OF WHEAT RIDGE COUNTY OF JEFFERSON REAL PROPERTY TO BE ACQUIRED FROM PARCEL NO: RW-10 OWNER: NNN 38th and Wadsworth LLC, a Colorado limited liability company SITE: 3790 Wadsworth Blvd. Wheat Ridge, CO 80033 FOR PROJECT NO.: City of Wheat Ridge Project No. M-01-15 / CDOT Project No. NHPP 1211-086 PROJECT CODE: 21006 LOCATION: SH-121 / Wadsworth Blvd. (W. 35th Ave. to I-70) EXHIBIT A(1) Page 2 of 2 EXHIBIT "A" CITY OF WHEAT RIDGE PROJECT NUMBER: M-01-015 CDOT PROJECT NUMBER: NHPP 1211-086 PARCEL NUMBER: RW-10 PROJECT CODE: 21006 DATE: October 31, 2019 DESCRIPTION A tract or parcel of land No. RW-10 of the City of Wheat Ridge, State of Colorado, Project No. M- 01-015 (CDOT Project No. NHPP 1211-086; Project Code 21006) containing 3,276 sq. ft. (0.075 acres) of land, more or less, being a portion Lot 1, Texaco Minor Subdivision, as recorded at Reception Number 90036528, in the Jefferson County Colorado Clerk and Recorder's Office on May 2, 1990, lying in the Northwest Quarter of the Northeast Quarter of Section 26, Township 3 South, Range 69 West, of the 6th Principal Meridian, in Jefferson County, Colorado, said tract or parcel being more particularly described as follows: COMMENCING at the North Quarter Corner of said Section 26 (a 3 1/4" brass cap on pipe in range box stamped "LS 13212"), whence the Center-North Sixteenth Corner of said Section 26 (a 3 1/4" aluminum cap on pipe in range box stamped "LS 11434"), bears S.00°19'27"E., a distance of 1,327.48 feet; Thence S.74°44'38"E., a distance of 239.61 feet, to a point on the east line of said Lot 1, said point being the POINT OF BEGINNING; 1. Thence S. 89°38'24" W., a distance of 133.39 feet; 2. Thence S. 59°08'57" W., a distance of 19.24 feet; 3. Thence S. 00°19'27" E., a distance of 23.81 feet; 4. Thence S. 14°44'28" W., a distance of 60.92 feet, to a point on the east right of way line of Wadsworth Boulevard (June 2019); 5. Thence along said east right of way line, N. 00°19'27" W., a distance of 86.64 feet; 6. Thence continuing along said east right of way line, N. 44°46'33" E., a distance of 28.71 feet, to a point on the south right of way line of West 38th Avenue (June 2019); 7. Thence along said south right of way line, N. 89°38'24" E., a distance of 145.46 feet, to a point on said east line of Lot 1; 8. Thence along said east line, S. 00°22'17" E., a distance of 14.50 feet, more or less, to the POINT OF BEGINNING. The above described tract or parcel contains 3,276 sq. ft. (0.075 acres) of land, more or less. Bearings used in this description are based on a grid bearing of N 00°47'02" W from City of Wheat Ridge published control point "PHAC 1" (being a 9/16" stainless steel rod in monument box stamped PHAC 1), to City of Wheat Ridge published control point "PHAC 3" (being a 9/16" stainless steel rod in monument box stamped PHAC 3). Said grid bearing is NAD 83 (1992), Colorado State Plane coordinate system, Central Zone (502). ____________________________________ Jeremy S. Pegues, PLS 38447 For and on behalf of The Lund Partnership, Inc. 12265 W. Bayaud Avenue, Suite 130 Lakewood, CO 80228 Page 1 of 3 CITY OF WHEAT RIDGE COUNTY OF JEFFERSON REAL PROPERTY TO BE ACQUIRED FROM TEMPORARY EASEMENT: TE-10 REV OWNER: NNN 38th and Wadsworth LLC, a Colorado limited liability company SITE: 3790 Wadsworth Blvd. Wheat Ridge, CO 80033 FOR PROJECT NO.: City of Wheat Ridge Project No. M-01-15 / CDOT Project No. NHPP 1211-086 PROJECT CODE: 21006 LOCATION: SH-121 / Wadsworth Blvd. (W. 35th Ave. to I-70) Page 2 of 3 EXHIBIT "A" CITY OF WHEAT RIDGE PROJECT NUMBER: M-01-015 CDOT PROJECT NUMBER: NHPP 1211-086 TEMPORARY EASEMENT NUMBER: TE-10 REV PROJECT CODE: 21006 DATE: April 1, 2020 DESCRIPTION A temporary easement No. TE-10 REV of the City of Wheat Ridge, State of Colorado, Project No. M-01-015 (CDOT Project No. NHPP 1211-086; Project Code 21006) containing 4,142 sq. ft. (0.095 acres) of land, more or less, being a portion Lot 1, Texaco Minor Subdivision, as recorded at Reception Number 90036528, in the Jefferson County Colorado Clerk and Recorder's Office on May 2, 1990, lying in the Northwest Quarter of the Northeast Quarter of Section 26, Township 3 South, Range 69 West, of the 6th Principal Meridian, in Jefferson County, Colorado, said temporary easement being more particularly described as follows: COMMENCING at the North Quarter Corner of said Section 26 (a 3 1/4" brass cap on pipe in range box stamped "LS 13212"), whence the Center-North Sixteenth Corner of said Section 26 (a 3 1/4" aluminum cap on pipe in range box stamped "LS 11434"), bears S.00°19'27"E., a distance of 1,327.48 feet; Thence S.74°44'38"E., a distance of 239.61 feet, to a point on the east line of said Lot 1, said point being the POINT OF BEGINNING; 1. Thence along said east line of Lot 1, S. 00°22'17" E., a distance of 8.00 feet; 2. Thence S. 89°38'24" W., a distance of 137.49 feet; 3. Thence S. 16°41'04" W., a distance of 43.35 feet; 4. Thence S. 00°18'18" E., a distance of 36.14 feet; 5. Thence N. 89°41'42" E., a distance of 4.18 feet; 6. Thence S. 00°18'18" E., a distance of 10.81 feet; 7. Thence S. 89°41'42" W., a distance of 4.18 feet; 8. Thence S 00°18'18" E, a distance of 141.25 feet, to a point on the south line of said Lot 1; 9. Thence along said south line, S. 89°31'15" W., a distance of 15.58 feet, to a point on the east right of way line of Wadsworth Boulevard (June 2019); 10. Thence along said east right of way line, N. 00°19'27" W., a distance of 145.29 feet; 11. Thence N. 14°44'28" E., a distance of 60.92 feet; 12. Thence N. 00°19'27" W., a distance of 23.81 feet; 13. Thence N. 59°08'57" E., a distance of 19.24 feet; 14. Thence N. 89°38'24" E., a distance of 133.39 feet, more or less, to the POINT OF BEGINNING. The above described temporary easement contains 4,142 sq. ft. (0.095 acres) of land, more or less. Page 3 of 3 The purpose of the above-described temporary easement is for access, construction and grading. Bearings used in this description are based on a grid bearing of N 00°47'02" W from City of Wheat Ridge published control point "PHAC 1" (being a 9/16" stainless steel rod in monument box stamped PHAC 1), to City of Wheat Ridge published control point "PHAC 3" (being a 9/16" stainless steel rod in monument box stamped PHAC 3). Said grid bearing is NAD 83 (1992), Colorado State Plane coordinate system, Central Zone (502). ____________________________________ Jeremy S. Pegues, PLS 38447 For and on behalf of The Lund Partnership, Inc. 12265 W. Bayaud Avenue, Suite 130 Lakewood, CO 80228 TE-10 duration: 18 Months EXHIBIT A(2) Page 1 of 2 CITY OF WHEAT RIDGE COUNTY OF JEFFERSON REAL PROPERTY TO BE ACQUIRED FROM TEMPORARY EASEMENT NO: TE-13 OWNER: 3815 Wadsworth LLC, a Colorado limited liability company SITE: 3815 Wadsworth Blvd. Wheat Ridge, CO 80033 FOR PROJECT NO.: City of Wheat Ridge Project No. M-01-15 / CDOT Project No. NHPP 1211-086 PROJECT CODE: 21006 LOCATION: SH-121 / Wadsworth Blvd. (W. 35th Ave. to I-70) Page 2 of 2 EXHIBIT "A" CITY OF WHEAT RIDGE PROJECT NUMBER: M-01-015 CDOT PROJECT NUMBER: NHPP 1211-086 TEMPORARY EASEMENT NUMBER: TE-13 PROJECT CODE: 21006 DATE: October 31, 2019 DESCRIPTION A temporary easement No. TE-13 of the City of Wheat Ridge, State of Colorado, Project No. M-01- 015 (CDOT Project No. NHPP 1211-086; Project Code 21006) containing 1,389 sq. ft. (0.032 acres) of land, more or less, being a portion of that parcel of land as described in the Deed recorded at Reception Number F0791882, in the Jefferson County Colorado Clerk and Recorder's Office on February 2, 1999, lying in the Southeast Quarter of the Southwest Quarter of Section 23, Township 3 South, Range 69 West, of the 6th Principal Meridian, in Jefferson County, Colorado, said temporary easement being more particularly described as follows: COMMENCING at the South Quarter corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 13212"), whence the Center-South Sixteenth Corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 11434"), bears N.00°10'24"W., a distance of 1,322.48 feet; Thence N.16°42'38"W., a distance of 284.57 feet, to a point on the north line of said parcel, being the POINT OF BEGINNING; 1. Thence S. 04°52'17" W., a distance of 9.65 feet; 2. Thence S. 00°10'24" E., a distance of 108.46 feet to a point on the south line of said parcel; 3. Thence along the south line of said parcel, S. 89°37'55" W., a distance of 14.15 feet; 4.Thence N. 00°10'24" W., a distance of 74.68 feet; 5.Thence N. 89°49'36" E., a distance of 6.60 feet; 6.Thence N. 00°10'24" W., a distance of 43.41 feet to a point on the north line of said parcel, 7. Thence along the north line of said parcel, N. 89°37'31" E., a distance of 8.40 feet, more or less, to the POINT OF BEGINNING. The above described temporary easement contains 1,389 square feet (0.032 acres) of land, more or less. The purpose of the above-described temporary easement is for access, construction and grading. Bearings used in this description are based on a grid bearing of N 00°47'02" W from City of Wheat Ridge published control point "PHAC 1" (being a 9/16" stainless steel rod in monument box stamped PHAC 1), to City of Wheat Ridge published control point "PHAC 3" (being a 9/16" stainless steel rod in monument box stamped PHAC 3). Said grid bearing is NAD 83 (1992), Colorado State Plane coordinate system, Central Zone (502). ____________________________________ Jeremy S. Pegues, PLS 38447 For and on behalf of The Lund Partnership, Inc. 12265 W. Bayaud Avenue, Suite 130 Lakewood, CO 80228 TE-13 Duration: 18 Months Page 1 of 2 CITY OF WHEAT RIDGE COUNTY OF JEFFERSON REAL PROPERTY TO BE ACQUIRED FROM PARCEL NO: RW-15 OWNER: Wilmore 38 LLC, a Colorado limited liability company SITE: 7615 W. 38th Ave. Wheat Ridge, CO 80033 FOR PROJECT NO.: City of Wheat Ridge Project No. M-01-15 / CDOT Project No. NHPP 1211-086 PROJECT CODE: 21006 LOCATION: SH-121 / Wadsworth Blvd. (W. 35th Ave. to I-70) EXHIBIT A(3) Page 2 of 2 EXHIBIT "A" CITY OF WHEAT RIDGE PROJECT NUMBER: M-01-015 CDOT PROJECT NUMBER: NHPP 1211-086 PARCEL NUMBER: RW-15 PROJECT CODE: 21006 DATE: October 31, 2019 DESCRIPTION A tract or parcel of land No. RW-15 of the City of Wheat Ridge, State of Colorado, Project No. M- 01-015 (CDOT Project No. NHPP 1211-086; Project Code 21006) containing 3,835 sq. ft. (0.088 acres) of land, more or less, being a portion of Lot 1, Block 1, The Wilmore Center, a subdivision plat recorded at Reception Number 85105427, in the Jefferson County Colorado Clerk and Recorder's Office on October 31, 1985, lying in the Southeast Quarter of the Southwest Quarter of Section 23, Township 3 South, Range 69 West, of the 6th Principal Meridian, in Jefferson County, Colorado, said tract or parcel being more particularly described as follows: COMMENCING at the South Quarter corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 13212"), whence the Center-South Sixteenth Corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 11434"), bears N.00°10'24"W., a distance of 1,322.48 feet; Thence N.83°51'23"W., a distance of 395.92 feet to a point on the south line of said Lot 1, Block 1, being the POINT OF BEGINNING; 1. Thence N. 74°25'59" E., a distance of 39.50 feet; 2. Thence N. 87°41'55" E., a distance of 93.20 feet; 3. Thence N. 89°37'55" E., a distance of 67.00 feet to a point on the east line of said Lot 1; 4. Thence along the east line of said Lot 1, S. 00°10'24" E., a distance of 25.50 feet to the S.E. corner of said Lot 1; 5. Thence along the south line of said Lot 1, S. 89°37'55" W., a distance of 75.23 feet; 6. Thence continuing along said south line, N. 84°39'19" W., a distance of 120.55 feet; 7. Thence continuing along said south line, S. 89°37'55" W., a distance of 3.00 feet, more or less, to the POINT OF BEGINNING. The above described tract or parcel contains 3,835 square feet (0.088 acres) of land, more or less. Bearings used in this description are based on a grid bearing of N 00°47'02" W from City of Wheat Ridge published control point "PHAC 1" (being a 9/16" stainless steel rod in monument box stamped PHAC 1), to City of Wheat Ridge published control point "PHAC 3" (being a 9/16" stainless steel rod in monument box stamped PHAC 3). Said grid bearing is NAD 83 (1992), Colorado State Plane coordinate system, Central Zone (502). ____________________________________ Jeremy S. Pegues, PLS 38447 For and on behalf of The Lund Partnership, Inc. 12265 W. Bayaud Avenue, Suite 130 Lakewood, CO 80228 Page 1 of 2 CITY OF WHEAT RIDGE COUNTY OF JEFFERSON REAL PROPERTY TO BE ACQUIRED FROM TEMPORARY EASEMENT NO: TE-15 OWNER: Wilmore 38 LLC, a Colorado limited liability company SITE: 7615 W. 38th Ave. Wheat Ridge, CO 80033 FOR PROJECT NO.: City of Wheat Ridge Project No. M-01-15 / CDOT Project No. NHPP 1211-086 PROJECT CODE: 21006 LOCATION: SH-121 / Wadsworth Blvd. (W. 35th Ave. to I-70) Page 2 of 2 EXHIBIT "A" CITY OF WHEAT RIDGE PROJECT NUMBER: M-01-015 CDOT PROJECT NUMBER: NHPP 1211-086 TEMPORARY EASEMENT NUMBER: TE-15 PROJECT CODE: 21006 DATE: October 31, 2019 DESCRIPTION A temporary easement No. TE-15 of the City of Wheat Ridge, State of Colorado, Project No. M-01- 015 (CDOT Project No. NHPP 1211-086; Project Code 21006) containing 2,065 sq. ft. (0.047 acres) of land, more or less, being a portion of Lot 1, Block 1, The Wilmore Center, a subdivision plat recorded at Reception Number 85105427, in the Jefferson County Colorado Clerk and Recorder's Office on October 31, 1985, lying in the Southeast Quarter of the Southwest Quarter of Section 23, Township 3 South, Range 69 West, of the 6th Principal Meridian, in Jefferson County, Colorado, said temporary easement being more particularly described as follows: COMMENCING at the South Quarter corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 13212"), whence the Center-South Sixteenth Corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 11434"), bears N.00°10'24"W., a distance of 1,322.48 feet; Thence N.83°51'23"W., a distance of 395.92 feet, to a point on the south line of said Lot 1, said point being the POINT OF BEGINNING; 1. Thence along the south line of said Lot 1, S. 89°37'55" W., a distance of 38.14 feet; 2. Thence departing said south line, N. 74°25'59" E., a distance of 76.31 feet; 3. Thence N. 88°24'09" E., a distance of 162.84 feet to the east line of said Lot 1; 4. Thence along said east line, S. 00°10'24" E., a distance of 10.00 feet; 5. Thence S. 89°37'55" W., a distance of 67.00 feet; 6. Thence S. 87°41'55" W., a distance of 93.20 feet; 7. Thence S. 74°25'59" W., a distance of 39.50 feet, more or less, to the POINT OF BEGINNING. The above described temporary easement contains 2,065 square feet (0.047 acres) of land, more or less. The purpose of the above-described temporary easement is for access, construction and grading. Bearings used in this description are based on a grid bearing of N 00°47'02" W from City of Wheat Ridge published control point "PHAC 1" (being a 9/16" stainless steel rod in monument box stamped PHAC 1), to City of Wheat Ridge published control point "PHAC 3" (being a 9/16" stainless steel rod in monument box stamped PHAC 3). Said grid bearing is NAD 83 (1992), Colorado State Plane coordinate system, Central Zone (502). ____________________________________ Jeremy S. Pegues, PLS 38447 For and on behalf of The Lund Partnership, Inc. 12265 W. Bayaud Avenue, Suite 130 Lakewood, CO 80228 Page 1 of 2 CITY OF WHEAT RIDGE COUNTY OF JEFFERSON REAL PROPERTY TO BE ACQUIRED FROM PARCEL NO: RW-15A OWNER: Wilmore 38 LLC, a Colorado limited liability company SITE: 7615 W. 38th Ave. Wheat Ridge, CO 80033 FOR PROJECT NO.: City of Wheat Ridge Project No. M-01-15 / CDOT Project No. NHPP 1211-086 PROJECT CODE: 21006 LOCATION: SH-121 / Wadsworth Blvd. (W. 35th Ave. to I-70) Page 2 of 2 EXHIBIT "A" CITY OF WHEAT RIDGE PROJECT NUMBER: M-01-015 CDOT PROJECT NUMBER: NHPP 1211-086 PROJECT CODE: 21006 DATE: October 31, 2019 DESCRIPTION A tract or parcel of land No. RW-15A of the City of Wheat Ridge, State of Colorado, Project No. M- 01-015 (CDOT Project No. NHPP 1211-086; Project Code 21006) containing 2,378 sq. ft. (0.055 acres) of land, more or less, being a portion of Lot 1, Block 1, The Wilmore Center, a subdivision plat recorded at Reception Number 85105427, in the Jefferson County Colorado Clerk and Recorder's Office on October 31, 1985, lying in the Southeast Quarter of the Southwest Quarter of Section 23, Township 3 South, Range 69 West, of the 6th Principal Meridian, in Jefferson County, Colorado, said tract or parcel being more particularly described as follows: COMMENCING at the South Quarter corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 13212"), whence the Center-South Sixteenth Corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 11434"), bears N.00°10'24"W., a distance of 1,322.48 feet; Thence N.16°42'38"W., a distance of 284.57 feet, to a point on the north line of that parcel of land as described in the Deed recorded at Reception Number F0791882, in the Jefferson County Colorado Clerk and Recorder's Office on February 2, 1999, being the POINT OF BEGINNING; 1. Thence N. 04°52'17" E., a distance of 113.72 feet to a point on the south line of that parcel of land as described in the Special Warranty Deed recorded at Reception Number 2015030815, in the Jefferson County Colorado Clerk and Recorder's Office on April 1, 2015; 2. Thence along said south line, N. 89°49'36" E., a distance of 16.00 feet to a point on the west right-of-way line of Wadsworth Boulevard (June, 2019); 3. Thence along said west right-of-way line of Wadsworth Boulevard (June, 2019), S. 00°10'24" E., a distance of 113.19 feet to a point on the north line of the aforementioned parcel of land as described in the Deed recorded at Reception Number F0791882; 4. Thence along the north line of said parcel of land as described in the Deed recorded at Reception Number F0791882, S. 89°37'31" W., a distance of 26.00 feet, more or less, to the POINT OF BEGINNING. The above described tract or parcel contains 2,378 square feet (0.055 acres) of land, more or less. Bearings used in this description are based on a grid bearing of N 00°47'02" W from City of Wheat Ridge published control point "PHAC 1" (being a 9/16" stainless steel rod in monument box stamped PHAC 1), to City of Wheat Ridge published control point "PHAC 3" (being a 9/16" stainless steel rod in monument box stamped PHAC 3). Said grid bearing is NAD 83 (1992), Colorado State Plane coordinate system, Central Zone (502). ____________________________________ Jeremy S. Pegues, PLS 38447 For and on behalf of The Lund Partnership, Inc. 12265 W. Bayaud Avenue, Suite 130 Lakewood, CO 80228 Page 1 of 2 CITY OF WHEAT RIDGE COUNTY OF JEFFERSON REAL PROPERTY TO BE ACQUIRED FROM TEMPORARY EASEMENT NO: TE-15A OWNER: Wilmore 38 LLC, a Colorado limited liability company SITE: 7615 W. 38th Ave. Wheat Ridge, CO 80033 FOR PROJECT NO.: City of Wheat Ridge Project No. M-01-15 / CDOT Project No. NHPP 1211-086 PROJECT CODE: 21006 LOCATION: SH-121 / Wadsworth Blvd. (W. 35th Ave. to I-70) Page 2 of 2 EXHIBIT "A" CITY OF WHEAT RIDGE PROJECT NUMBER: M-01-015 CDOT PROJECT NUMBER: NHPP 1211-086 TEMPORARY EASEMENT NUMBER: TE-15A PROJECT CODE: 21006 DATE: October 31, 2019 DESCRIPTION A temporary easement No. TE-15A of the City of Wheat Ridge, State of Colorado, Project No. M- 01-015 (CDOT Project No. NHPP 1211-086; Project Code 21006) containing 3,683 sq. ft. (0.085 acres) of land, more or less, being a portion of Lot 1, Block 1, The Wilmore Center, a subdivision plat recorded at Reception Number 85105427, in the Jefferson County Colorado Clerk and Recorder's Office on October 31, 1985, lying in the Southeast Quarter of the Southwest Quarter of Section 23, Township 3 South, Range 69 West, of the 6th Principal Meridian, in Jefferson County, Colorado, said temporary easement being more particularly described as follows: COMMENCING at the South Quarter corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 13212"), whence the Center-South Sixteenth Corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 11434"), bears N.00°10'24"W., a distance of 1,322.48 feet; Thence N.16°42'38"W., a distance of 284.57 feet, to a point on the north line of that parcel of land as described in the Deed recorded at Reception Number F0791882, in the Jefferson County Colorado Clerk and Recorder's Office on February 2, 1999, being the POINT OF BEGINNING; 1. Thence along the north line of said parcel, S. 89°37'31" W., a distance of 27.50 feet; 2. Thence N. 00°10'24" W., a distance of 113.38 feet to a point on the south line of that parcel of land as described in the Special Warranty Deed recorded at Reception Number 2015030815, in the Jefferson County Colorado Clerk and Recorder's Office on April 1, 2015; 3. Thence along said south line, N. 89°49'36" E., a distance of 37.50 feet; 4. Thence S. 04°52'17" W., a distance of 113.72 feet, more or less, to the POINT OF BEGINNING. The above described temporary easement contains 3,683 square feet (0.085 acres) of land, more or less. The purpose of the above-described temporary easement is for access, construction and grading. Bearings used in this description are based on a grid bearing of N 00°47'02" W from City of Wheat Ridge published control point "PHAC 1" (being a 9/16" stainless steel rod in monument box stamped PHAC 1), to City of Wheat Ridge published control point "PHAC 3" (being a 9/16" stainless steel rod in monument box stamped PHAC 3). Said grid bearing is NAD 83 (1992), Colorado State Plane coordinate system, Central Zone (502). ____________________________________ Jeremy S. Pegues, PLS 38447 For and on behalf of The Lund Partnership, Inc. 12265 W. Bayaud Avenue, Suite 130 Lakewood, CO 80228 TE-15 Duration: 18 Months TE-15 A Duration: 18 Months Page 1 of 2 CITY OF WHEAT RIDGE COUNTY OF JEFFERSON REAL PROPERTY TO BE ACQUIRED FROM PARCEL NO: RW-30 OWNER: Three Acre Lane, LLC SITE: 4175 Wadsworth Boulevard Wheat Ridge, CO 80033 FOR PROJECT NO.: City of Wheat Ridge Project No. M-01-15 / CDOT Project No. NHPP 1211-086 PROJECT CODE: 21006 LOCATION: SH-121 / Wadsworth Blvd. (W. 35th Ave. to I-70) EXHIBIT A(4) Page 2 of 2 EXHIBIT "A" CITY OF WHEAT RIDGE PROJECT NUMBER: M-01-015 CDOT PROJECT NUMBER: NHPP 1211-086 PARCEL NUMBER: RW-30 PROJECT CODE: 21006 DATE: October 31, 2019 DESCRIPTION A tract or parcel of land No. RW-30 of the City of Wheat Ridge, State of Colorado, Project No. NHPP 1211-086 (Project Code 21006) containing 1,335 sq. ft. (0.031 acres) of land, more or less, being a portion of that parcel of land described as Parcel A in the Warranty Deed recorded at Reception Number 2005011511, in the Jefferson County Colorado Clerk and Recorder's Office on April 28, 2005, lying in the Northeast Quarter of the Southwest Quarter of Section 23, Township 3 South, Range 69 West, of the 6th Principal Meridian, in Jefferson County, Colorado, said tract or parcel being more particularly described as follows: COMMENCING at the Center-South Sixteenth Corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 11434"), whence the Center Quarter corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 13212"), bears N.00°10'04"W., a distance of 1,322.58 feet; Thence N.17°31'04"W., a distance of 193.82 feet, to a point on the south line of said Parcel A, said point being the POINT OF BEGINNING; 1. Thence N. 00°10'04" W., a distance of 75.00 feet, to a point on the north line of said Parcel A; 2. Thence along said north line, N. 89°37'55" E., a distance of 17.80 feet, to a point on the west right of way line of Wadsworth Boulevard (June 2019); 3. Thence along said west right of way line, S. 00°10'04" E., a distance of 75.00 feet, to a point on said south line of Parcel A; 4. Thence along said south line, S. 89°37'55" W., a distance of 17.80 feet, more or less, to the POINT OF BEGINNING. The above described tract or parcel contains 1,335 sq. ft. (0.031 acres) of land, more or less. Bearings used in this description are based on a grid bearing of N 00°47'02" W from City of Wheat Ridge published control point "PHAC 1" (being a 9/16" stainless steel rod in monument box stamped PHAC 1), to City of Wheat Ridge published control point "PHAC 3" (being a 9/16" stainless steel rod in monument box stamped PHAC 3). Said grid bearing is NAD 83 (1992), Colorado State Plane coordinate system, Central Zone (502). ____________________________________ Jeremy S. Pegues, PLS 38447 For and on behalf of The Lund Partnership, Inc. 12265 W. Bayaud Avenue, Suite 130 Lakewood, CO 80228 Page 1 of 2 CITY OF WHEAT RIDGE COUNTY OF JEFFERSON REAL PROPERTY TO BE ACQUIRED FROM TEMPORARY EASEMENT: TE-30 OWNER: Three Acre Lane, LLC SITE: 4175 Wadsworth Boulevard Wheat Ridge, CO 80033 FOR PROJECT NO.: City of Wheat Ridge Project No. M-01-15 / CDOT Project No. NHPP 1211-086 PROJECT CODE: 21006 LOCATION: SH-121 / Wadsworth Blvd. (W. 35th Ave. to I-70) Page 2 of 2 EXHIBIT "A" CITY OF WHEAT RIDGE PROJECT NUMBER: M-01-015 CDOT PROJECT NUMBER: NHPP 1211-086 TEMPORARY EASEMENT NUMBER: TE-30 PROJECT CODE: 21006 DATE: October 31, 2019 DESCRIPTION A temporary easement No. TE-30 of the City of Wheat Ridge, State of Colorado, Project No. M-01- 015 (CDOT Project No. NHPP 1211-086; Project Code 21006) containing 1,461 sq. ft. (0.034 acres) of land, more or less, being a portion of that parcel of land described as Parcel A, in the Warranty Deed recorded at Reception Number 2005011511, in the Jefferson County Colorado Clerk and Recorder's Office on April 28, 2005, lying in the Northeast Quarter of the Southwest Quarter of Section 23, Township 3 South, Range 69 West, of the 6th Principal Meridian, in Jefferson County, Colorado, said temporary easement being more particularly described as follows: COMMENCING at the Center-South Sixteenth Corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 11434"), whence the Center Quarter corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 13212"), bears N.00°10'04"W., a distance of 1,322.58 feet; Thence N.17°31'04"W., a distance of 193.82 feet, to a point on the south line of said Parcel A, said point being the POINT OF BEGINNING; 1. Thence along said south line, S. 89°37'55" W., a distance of 19.22 feet; 2. Thence departing said south line, N. 00°34'32" W., a distance of 75.00 feet, to a point on the north line of said Parcel A; 3. Thence along said north line, N. 89°37'55" E., a distance of 19.75 feet; 4. Thence departing said north line, S. 00°10'04" E., a distance of 75.00 feet, more or less, to the POINT OF BEGINNING. The above described temporary easement contains 1,461 sq. ft. (0.034 acres) of land, more or less. The purpose of the above-described temporary easement is for access, construction and grading. Bearings used in this description are based on a grid bearing of N 00°47'02" W from City of Wheat Ridge published control point "PHAC 1" (being a 9/16" stainless steel rod in monument box stamped PHAC 1), to City of Wheat Ridge published control point "PHAC 3" (being a 9/16" stainless steel rod in monument box stamped PHAC 3). Said grid bearing is NAD 83 (1992), Colorado State Plane coordinate system, Central Zone (502). ____________________________________ Jeremy S. Pegues, PLS 38447 For and on behalf of The Lund Partnership, Inc. 12265 W. Bayaud Avenue, Suite 130 Lakewood, CO 80228 Page 1 of 2 CITY OF WHEAT RIDGE COUNTY OF JEFFERSON REAL PROPERTY TO BE ACQUIRED FROM PARCEL NO: RW-31 OWNER: Three Acre Lane LLC, a Colorado limited liability company SITE: 4185 Wadsworth Boulevard Wheat Ridge, CO 80033 FOR PROJECT NO.: City of Wheat Ridge Project No. M-01-15 / CDOT Project No. NHPP 1211-086 PROJECT CODE: 21006 LOCATION: SH-121 / Wadsworth Blvd. (W. 35th Ave. to I-70) Page 2 of 2 EXHIBIT "A" CITY OF WHEAT RIDGE PROJECT NUMBER: M-01-015 CDOT PROJECT NUMBER: NHPP 1211-086 PARCEL NUMBER: RW-31 PROJECT CODE: 21006 DATE: October 31, 2019 DESCRIPTION A tract or parcel of land No. RW-31 of the City of Wheat Ridge, State of Colorado, Project No. M- 01-015 (CDOT Project No. NHPP 1211-086; Project Code 21006) containing 1,602 sq. ft. (0.037 acres) of land, more or less, being a portion of that parcel of land described as Parcel B in the Warranty Deed recorded at Reception Number 2005011511, in the Jefferson County Colorado Clerk and Recorder's Office on April 28, 2005, lying in the Northeast Quarter of the Southwest Quarter of Section 23, Township 3 South, Range 69 West, of the 6th Principal Meridian, in Jefferson County, Colorado, said tract or parcel being more particularly described as follows: COMMENCING at the Center-South Sixteenth Corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 11434"), whence the Center Quarter corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 13212"), bears N.00°10'04"W., a distance of 1,322.58 feet; Thence N.12°42'04"W., a distance of 266.35 feet, to a point on the south line of said Parcel B, said point being the POINT OF BEGINNING; 1. Thence N. 00°10'04" W., a distance of 90.00 feet, to a point on the north line of said Parcel B; 2. Thence along said north line, N. 89°37'55" E., a distance of 17.80 feet, to a point on the west right of way line of Wadsworth Boulevard (June 2019); 3. Thence along said west right of way line, S. 00°10'04" E., a distance of 90.00 feet, to a point on said south line of Parcel B; 4. Thence along said south line, S. 89°37'55" W., a distance of 17.80 feet, more or less, to the POINT OF BEGINNING. The above described tract or parcel contains 1,602 sq. ft. (0.037 acres) of land, more or less. Bearings used in this description are based on a grid bearing of N 00°47'02" W from City of Wheat Ridge published control point "PHAC 1" (being a 9/16" stainless steel rod in monument box stamped PHAC 1), to City of Wheat Ridge published control point "PHAC 3" (being a 9/16" stainless steel rod in monument box stamped PHAC 3). Said grid bearing is NAD 83 (1992), Colorado State Plane coordinate system, Central Zone (502). ____________________________________ Jeremy S. Pegues, PLS 38447 For and on behalf of The Lund Partnership, Inc. 12265 W. Bayaud Avenue, Suite 130 Lakewood, CO 80228 Page 1 of 2 CITY OF WHEAT RIDGE COUNTY OF JEFFERSON REAL PROPERTY TO BE ACQUIRED FROM TEMPORARY EASEMENT: TE-31 REV OWNER: Three Acre Lane LLC, a Colorado limited liability company SITE: 4185 Wadsworth Boulevard Wheat Ridge, CO 80033 FOR PROJECT NO.: City of Wheat Ridge Project No. M-01-15 / CDOT Project No. NHPP 1211-086 PROJECT CODE: 21006 LOCATION: SH-121 / Wadsworth Blvd. (W. 35th Ave. to I-70) Page 2 of 2 EXHIBIT "A" CITY OF WHEAT RIDGE PROJECT NUMBER: M-01-015 CDOT PROJECT NUMBER: NHPP 1211-086 TEMPORARY EASEMENT NUMBER: TE-31 REV PROJECT CODE: 21006 DATE: April 1, 2020 DESCRIPTION A temporary easement No. TE-31 REV of the City of Wheat Ridge, State of Colorado, Project No. M-01-015 (CDOT Project No. NHPP 1211-086; Project Code 21006) containing 1,856 sq. ft. (0.043 acres) of land, more or less, being a portion of that parcel of land described as Parcel B in the Warranty Deed recorded at Reception Number 2005011511, in the Jefferson County Colorado Clerk and Recorder's Office on April 28, 2005, lying in the Northeast Quarter of the Southwest Quarter of Section 23, Township 3 South, Range 69 West, of the 6th Principal Meridian, in Jefferson County, Colorado, said temporary easement being more particularly described as follows: COMMENCING at the Center-South Sixteenth Corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 11434"), whence the Center Quarter corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 13212"), bears N.00°10'04"W., a distance of 1,322.58 feet; Thence N.12°42'04"W., a distance of 266.35 feet, to a point on the south line of said Parcel B, said point being the POINT OF BEGINNING; 1. Thence along said south line, S. 89°37'55" W., a distance of 19.75 feet; 2. Thence departing said south line, N. 00°34'32" W., a distance of 85.00 feet; 3. Thence S. 89°37'55" W., a distance of 10.00 feet; 4. Thence N. 00°34'32" W., a distance of 5.00 feet to a point on the north line of said Parcel B; 5. Thence along said north line, N. 89°37'55" E., a distance of 30.39 feet; 6. Thence departing said north line, S. 00°10'04" E., a distance of 90.00 feet, more or less, to the POINT OF BEGINNING. The above described temporary easement contains1,856 sq.ft.(0.043 acres) of land, more or less. The purpose of the above-described temporary easement is for access, construction and grading. Bearings used in this description are based on a grid bearing of N 00°47'02" W from City of Wheat Ridge published control point "PHAC 1" (being a 9/16" stainless steel rod in monument box stamped PHAC 1), to City of Wheat Ridge published control point "PHAC 3" (being a 9/16" stainless steel rod in monument box stamped PHAC 3). Said grid bearing is NAD 83 (1992), Colorado State Plane coordinate system, Central Zone (502). ____________________________________ Jeremy S. Pegues, PLS 38447 For and on behalf of The Lund Partnership, Inc. 12265 W. Bayaud Avenue, Suite 130 Lakewood, CO 80228 TE-30 and TE-31 REV Duration: 18 Months Page 1 of 2 CITY OF WHEAT RIDGE COUNTY OF JEFFERSON REAL PROPERTY TO BE ACQUIRED FROM PARCEL NO: RW-33 OWNER: Leon J. Brodie SITE: 4275 Wadsworth Boulevard Wheat Ridge, CO 80033 FOR PROJECT NO.: City of Wheat Ridge Project No. M-01-15 / CDOT Project No. NHPP 1211-086 PROJECT CODE: 21006 LOCATION: SH-121 / Wadsworth Blvd. (W. 35th Ave. to I-70) EXHIBIT A(5) Page 2 of 2 EXHIBIT "A" CITY OF WHEAT RIDGE PROJECT NUMBER: M-01-015 CDOT PROJECT NUMBER: NHPP 1211-086 PARCEL NUMBER: RW-33 PROJECT CODE: 21006 DATE: October 31, 2019 DESCRIPTION A tract or parcel of land No. RW-33 of the City of Wheat Ridge, State of Colorado, Project No. M- 01-015 (CDOT Project No. NHPP 1211-086; Project Code 21006) containing 761 sq. ft. (0.018 acres) of land, more or less, being a portion of that parcel of land as described in the Warranty Deed recorded at Reception Number 2005070614, in the Jefferson County Colorado Clerk and Recorder's Office on August 23, 2005, lying in the Northeast Quarter of the Southwest Quarter of Section 23, Township 3 South, Range 69 West, of the 6th Principal Meridian, in Jefferson County, Colorado, said tract or parcel being more particularly described as follows: COMMENCING at the Center-South Sixteenth Corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 11434"), whence the Center Quarter corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 13212"), bears N.00°10'04"W., a distance of 1,322.58 feet; Thence N.06°10'34"W., a distance of 552.19 feet, to a point on the south line of said parcel of land described in Warranty Deed recorded at Reception Number 2005070614, said point being the POINT OF BEGINNING; 1. Thence N. 05°57'55" E., a distance of 40.25 feet; 2. Thence N. 00°10'04" W., a distance of 10.00 feet, to a point on the north line of said Reception Number 2005070614; 3. Thence along said north line, N. 89°49'56" E., a distance of 13.50 feet, to a point on the west right of way line of Wadsworth Boulevard (June 2019); 4. Thence along said west right of way line, S. 00°10'04" E., a distance of 50.02 feet, to a point on said south line of Reception Number 2005070614; 5. Thence along said south line, S. 89°49'56" W., a distance of 17.80 feet, more or less, to the POINT OF BEGINNING. The above described tract or parcel contains 761 sq. ft. (0.018 acres) of land, more or less. Bearings used in this description are based on a grid bearing of N 00°47'02" W from City of Wheat Ridge published control point "PHAC 1" (being a 9/16" stainless steel rod in monument box stamped PHAC 1), to City of Wheat Ridge published control point "PHAC 3" (being a 9/16" stainless steel rod in monument box stamped PHAC 3). Said grid bearing is NAD 83 (1992), Colorado State Plane coordinate system, Central Zone (502). ____________________________________ Jeremy S. Pegues, PLS 38447 For and on behalf of The Lund Partnership, Inc. 12265 W. Bayaud Avenue, Suite 130 Lakewood, CO 80228 Page 1 of 2 CITY OF WHEAT RIDGE COUNTY OF JEFFERSON REAL PROPERTY TO BE ACQUIRED FROM TEMPORARY EASEMENT: TE-33 OWNER: Leon J. Brodie SITE: 4275 Wadsworth Boulevard Wheat Ridge, CO 80033 FOR PROJECT NO.: City of Wheat Ridge Project No. M-01-15 / CDOT Project No. NHPP 1211-086 PROJECT CODE: 21006 LOCATION: SH-121 / Wadsworth Blvd. (W. 35th Ave. to I-70) Page 2 of 2 EXHIBIT "A" CITY OF WHEAT RIDGE PROJECT NUMBER: M-01-015 CDOT PROJECT NUMBER: NHPP 1211-086 TEMPORARY EASEMENT NUMBER: TE-33 PROJECT CODE: 21006 DATE: October 31, 2019 DESCRIPTION A temporary easement No. TE-33 of the City of Wheat Ridge, State of Colorado, Project No. M-01- 015 (CDOT Project No. NHPP 1211-086; Project Code 21006) containing 613 sq. ft. (0.014 acres) of land, more or less, being a portion of that parcel of land as described in the Warranty Deed recorded at Reception Number 2005070614, in the Jefferson County Colorado Clerk and Recorder's Office on August 23, 2005, lying in the Northeast Quarter of the Southwest Quarter of Section 23, Township 3 South, Range 69 West, of the 6th Principal Meridian, in Jefferson County, Colorado, said temporary easement being more particularly described as follows: COMMENCING at the Center-South Sixteenth Corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 11434"), whence the Center Quarter corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 13212"), bears N.00°10'04"W., a distance of 1,322.58 feet; Thence N.06°10'34"W., a distance of 552.19 feet, to a point on the south line of said parcel described in the Warranty Deed recorded at Reception Number 2005070614, said point being the POINT OF BEGINNING; 1. Thence along said south line, S. 89°49'56" W., a distance of 13.60 feet; 2. Thence N. 00°10'04" W., a distance of 20.00 feet; 3. Thence N. 23°24'31" E., a distance of 32.75 feet, to a point on the north line of said Reception Number 2005070614; 4. Thence along said north line, N. 89°49'56" E., a distance of 4.80 feet; 5. Thence S. 00°10'04" E., a distance of 10.00 feet; 6. Thence S. 05°57'55" W., a distance of 40.25 feet, more or less, to the POINT OF BEGINNING. The above described temporary easement contains 613 sq. ft. (0.014 acres) of land, more or less. The purpose of the above-described temporary easement is for access, construction and grading. Bearings used in this description are based on a grid bearing of N 00°47'02" W from City of Wheat Ridge published control point "PHAC 1" (being a 9/16" stainless steel rod in monument box stamped PHAC 1), to City of Wheat Ridge published control point "PHAC 3" (being a 9/16" stainless steel rod in monument box stamped PHAC 3). Said grid bearing is NAD 83 (1992), Colorado State Plane coordinate system, Central Zone (502). ____________________________________ Jeremy S. Pegues, PLS 38447 For and on behalf of The Lund Partnership, Inc. 12265 W. Bayaud Avenue, Suite 130 Lakewood, CO 80228 TE-33 Duration: 18 Months Page 1 of 3 CITY OF WHEAT RIDGE COUNTY OF JEFFERSON REAL PROPERTY TO BE ACQUIRED FROM PARCEL NO: RW-39 OWNER: Commercial Federal Savings and Loan Association SITE: 7575 West 44th Avenue Wheat Ridge, CO 80033 FOR PROJECT NO.: City of Wheat Ridge Project No. M-01-15 / CDOT Project No. NHPP 1211-086 PROJECT CODE: 21006 LOCATION: SH-121 / Wadsworth Blvd. (W. 35th Ave. to I-70) EXHIBIT A(6) Page 2 of 3 EXHIBIT "A" CITY OF WHEAT RIDGE PROJECT NUMBER: M-01-015 CDOT PROJECT NUMBER: NHPP 1211-086 PARCEL NUMBER: RW-39 PROJECT CODE: 21006 DATE: October 31, 2019 DESCRIPTION A tract or parcel of land No. RW-39 of the City of Wheat Ridge, State of Colorado, Project No. M- 01-015 (CDOT Project No. NHPP 1211-086; Project Code 21006) containing 7,537 sq. ft. (0.173 acres) of land, more or less, being a portion of that parcel of land as described in the Quit Claim Deed recorded at Reception Number 89074573, in the Jefferson County Colorado Clerk and Recorder's Office on August 30, 1989, lying in the Southwest Quarter of the Northeast Quarter of Section 23, Township 3 South, Range 69 West, of the 6th Principal Meridian, in Jefferson County, Colorado, said tract or parcel being more particularly described as follows: COMMENCING at the Center Quarter corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 13212"), whence the Center-North Sixteenth Corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 11434"), bears N.00°10'09"W., a distance of 1,321.98 feet; Thence N.25°16'41"E., a distance of 199.57 feet, to a point on the north line of said parcel of land as described in the Quit Claim Deed recorded at Reception Number 89074573, said point being the POINT OF BEGINNING; 1. Thence S. 00°10'09" E., a distance of 128.00 feet; 2. Thence S. 82°05'31" E., a distance of 10.50 feet; 3. Thence N. 89°41'34" E., a distance of 108.85 feet to a point on the east line of said parcel; 4. Thence along the east line of said parcel, S. 00°10'09" E., a distance of 10.50 feet to the north right-of-way line of West 44th Avenue (June, 2019); 5. Thence along said north right-of-way line of West 44th Avenue (June, 2019), S. 89°41'34" W., a distance of 144.95 feet; 6. Thence continuing along said north right-of-way line of West 44th Avenue (June, 2019), on the arc of a curve to the right, a radius of 20.00 feet, a central angle of 90°08'15", a distance of 31.46 feet, (a chord bearing N. 45°14'16" W., a distance of 28.32 feet) to the east right-of-way line of Wadsworth Boulevard (June, 2019); 7. Thence along said east right-of-way line of Wadsworth Boulevard (June, 2019), N. 00°10'09" W., a distance of 108.17 feet; 8. Thence continuing along said east right-of-way line of Wadsworth Boulevard (June, 2019), N. 30°51'55" E., a distance of 13.78 feet to a point on the north line of said parcel; 9. Thence along the north line of said parcel, N. 89°41'34" E., a distance of 38.65 feet, more or less, to the POINT OF BEGINNING. Page 3 of 3 The above described tract or parcel contains 7,537 square feet (0.173 acres) of land, more or less. Bearings used in this description are based on a grid bearing of N 00°47'02" W from City of Wheat Ridge published control point "PHAC 1" (being a 9/16" stainless steel rod in monument box stamped PHAC 1), to City of Wheat Ridge published control point "PHAC 3" (being a 9/16" stainless steel rod in monument box stamped PHAC 3). Said grid bearing is NAD 83 (1992), Colorado State Plane coordinate system, Central Zone (502). ____________________________________ Jeremy S. Pegues, PLS 38447 For and on behalf of The Lund Partnership, Inc. 12265 W. Bayaud Avenue, Suite 130 Lakewood, CO 80228 Page 1 of 2 CITY OF WHEAT RIDGE COUNTY OF JEFFERSON REAL PROPERTY TO BE ACQUIRED FROM PARCEL NO: RW-40 OWNER: Vohoska Family Trust under agreement dated April 25, 2006 and Vohoska Surviving Settlor’s Trust under agreement dated April 25, 2006 SITE: 4401 Wadsworth Boulevard Wheat Ridge, CO 80033 FOR PROJECT NO.: City of Wheat Ridge Project No. M-01-15 / CDOT Project No. NHPP 1211-086 PROJECT CODE: 21006 LOCATION: SH-121 / Wadsworth Blvd. (W. 35th Ave. to I-70) EXHIBIT A(7) Page 2 of 2 EXHIBIT "A" CITY OF WHEAT RIDGE PROJECT NUMBER: M-01-015 CDOT PROJECT NUMBER: NHPP 1211-086 PARCEL NUMBER: RW-40 PROJECT CODE: 21006 DATE: October 31, 2019 DESCRIPTION A tract or parcel of land No. RW-40 of the City of Wheat Ridge, State of Colorado, Project No. M- 01-015 (CDOT Project No. NHPP 1211-086; Project Code 21006) containing 321 sq. ft. (0.007 acres) of land, more or less, being a portion of Lot 1, Wadsworth Commercial Centre Subdivision No. 1, as recorded at Reception Number F0710527, in the Jefferson County Colorado Clerk and Recorder's Office on October 7, 1998, lying in the Southeast Quarter of the Northwest Quarter of Section 23, Township 3 South, Range 69 West, of the 6th Principal Meridian, in Jefferson County, Colorado, said tract or parcel being more particularly described as follows: COMMENCING at the Center Quarter corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 13212"), whence the Center-North Sixteenth Corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 11434"), bears N.00°10'09"W., a distance of 1,321.98 feet; Thence N.81°31'06"W., a distance of 327.36 feet, to a point on the west line of said Lot 1, said point being the POINT OF BEGINNING; 1. Thence N. 89°41'47" E., a distance of 112.51 feet to a point on the south line of said Lot 1 and the northerly right-of-way line of W. 44th Avenue (June, 2019); 2. Thence along the south line of said Lot 1 and the northerly right-of-way line of W. 44th Avenue (June, 2019), S. 86°47'33" W., a distance of 112.65 feet to the southwest corner of said Lot 1; 3. Thence along the west line of said Lot 1, N. 00°18'20" W., a distance of 5.71 feet, more or less, to the POINT OF BEGINNING. The above described tract or parcel contains 321 square feet (0.007 acres) of land, more or less. Bearings used in this description are based on a grid bearing of N 00°47'02" W from City of Wheat Ridge published control point "PHAC 1" (being a 9/16" stainless steel rod in monument box stamped PHAC 1), to City of Wheat Ridge published control point "PHAC 3" (being a 9/16" stainless steel rod in monument box stamped PHAC 3). Said grid bearing is NAD 83 (1992), Colorado State Plane coordinate system, Central Zone (502). ____________________________________ Jeremy S. Pegues, PLS 38447 For and on behalf of The Lund Partnership, Inc. 12265 W. Bayaud Avenue, Suite 130 Lakewood, CO 80228 Page 1 of 2 CITY OF WHEAT RIDGE COUNTY OF JEFFERSON REAL PROPERTY TO BE ACQUIRED FROM PARCEL NO: RW-40A OWNER: Vohoska Family Trust under agreement dated April 25, 2006 and Vohoska Surviving Settlor’s Trust under agreement dated April 25, 2006 SITE: 4401 Wadsworth Boulevard Wheat Ridge, CO 80033 FOR PROJECT NO.: City of Wheat Ridge Project No. M-01-15 / CDOT Project No. NHPP 1211-086 PROJECT CODE: 21006 LOCATION: SH-121 / Wadsworth Blvd. (W. 35th Ave. to I-70) Page 2 of 2 EXHIBIT "A" CITY OF WHEAT RIDGE PROJECT NUMBER: M-01-015 CDOT PROJECT NUMBER: NHPP 1211-086 PARCEL NUMBER: RW-40A PROJECT CODE: 21006 DATE: October 31, 2019 DESCRIPTION A tract or parcel of land No. RW-40A of the City of Wheat Ridge, State of Colorado, Project No. M- 01-015 (CDOT Project No. NHPP 1211-086; Project Code 21006) containing 2,081 sq. ft. (0.048 acres) of land, more or less, being a portion of Lot 1, Wadsworth Commercial Centre Subdivision No. 1, as recorded at Reception Number F0710527, in the Jefferson County Colorado Clerk and Recorder's Office on October 7, 1998, lying in the Southeast Quarter of the Northwest Quarter of Section 23, Township 3 South, Range 69 West, of the 6th Principal Meridian, in Jefferson County, Colorado, said tract or parcel being more particularly described as follows: COMMENCING at the Center Quarter corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 13212"), whence the Center-North Sixteenth Corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 11434"), bears N.00°10'09"W., a distance of 1,321.98 feet; Thence N.68°38'19"W., a distance of 135.44 feet to a point on the south line of said Lot 1 and the northerly right-of-way line of W. 44th Avenue (June, 2019), said point being the POINT OF BEGINNING; 1. Thence on the arc of a curve to the left, a radius of 52.00 feet, a central angle of 74°20'17", a distance of 67.47 feet, (a chord bearing N. 52°31'38" E., a distance of 62.83 feet); 2. Thence N. 15°21'29" E., a distance of 59.79 feet; 3. Thence N. 03°23'32" W., a distance of 135.58 feet to a point on the north line of said Lot 1; 4. Thence along said north line, N. 89°41'04" E., a distance of 8.62 feet to the west right-of- way line of Wadsworth Boulevard (June, 2019); 5. Thence along said west right-of-way line, S. 00°10'09" E., a distance of 210.45 feet; 6. Thence continuing along said west right-of-way line, S. 47°28'47" W., a distance of 30.46 feet to a point on the north right-of-way line of W. 44th Avenue (June, 2019); 7. Thence along said north right-of-way line of W. 44th Avenue (June, 2019), S. 89°41'47" W., a distance of 44.47 feet, more or less, to the POINT OF BEGINNING. The above described tract or parcel contains 2,081 square feet (0.048 acres) of land, more or less. Bearings used in this description are based on a grid bearing of N 00°47'02" W from City of Wheat Ridge published control point "PHAC 1" (being a 9/16" stainless steel rod in monument box stamped PHAC 1), to City of Wheat Ridge published control point "PHAC 3" (being a 9/16" stainless steel rod in monument box stamped PHAC 3). Said grid bearing is NAD 83 (1992), Colorado State Plane coordinate system, Central Zone (502). ____________________________________ Jeremy S. Pegues, PLS 38447 For and on behalf of The Lund Partnership, Inc. 12265 W. Bayaud Avenue, Suite 130 Lakewood, CO 80228 Page 1 of 3 CITY OF WHEAT RIDGE COUNTY OF JEFFERSON REAL PROPERTY TO BE ACQUIRED FROM TEMPORARY EASEMENT NO: TE-40 REV OWNER: Vohoska Family Trust agreement dated April 25, 2006 and Vohoska Surviving Settlor’s Trust under agreement dated April 25, 2006 SITE: 4401 Wadsworth Boulevard Wheat Ridge, CO 80033 FOR PROJECT NO.: City of Wheat Ridge Project No. M-01-15 / CDOT Project No. NHPP 1211-086 PROJECT CODE: 21006 LOCATION: SH-121 / Wadsworth Blvd. (W. 35th Ave. to I-70) Page 2 of 3 EXHIBIT "A" CITY OF WHEAT RIDGE PROJECT NUMBER: M-01-015 CDOT PROJECT NUMBER: NHPP 1211-086 TEMPORARY EASEMENT NUMBER: TE-40 REV PROJECT CODE: 21006 DATE:April 1, 2020 DESCRIPTION A temporary easement No. TE-40 REV of the City of Wheat Ridge, State of Colorado, Project No. M-01-015 (CDOT Project No. NHPP 1211-086; Project Code 21006) containing 5,671 sq. ft. (0.130 acres) of land, more or less, being a portion of Lot 1, Wadsworth Commercial Centre Subdivision No. 1, a subdivision plat recorded at Reception Number F0710527, in the Jefferson County Colorado Clerk and Recorder's Office on October 7, 1998 , lying in the Southeast Quarter of the Northwest Quarter of Section 23, Township 3 South, Range 69 West, of the 6th Principal Meridian, in Jefferson County, Colorado, said temporary easement being more particularly described as follows: COMMENCING at the Center Quarter Corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 13212"), whence the Center-North Sixteenth Corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 11434"), bears N.00°10'09"W., a distance of 1,321.98 feet; Thence N.81°31'06"W., a distance of 327.36 feet to a point on the west line of said Lot 1, being the POINT OF BEGINNING; 1. Thence along said west line, N. 00°18'13" W., a distance of 18.00 feet; 2. Thence N. 89°41'47" E., a distance of 30.68 feet; 3. Thence S. 00°18'13" E., a distance of 8.00 feet; 4. Thence N. 89°41'47" E., a distance of 187.32 feet; 5. Thence N. 27°41'15" E., a distance of 75.81 feet; 6. Thence N. 00°10'09" W., a distance of 104.05 feet; 9. Thence S. 89°49'51" W., a distance of 28.51 feet; 10. Thence N. 00°10'09" W., a distance of 49.85 feet, to a point on the north line of said Lot 1; 11. Thence along said north line, N. 89°41'04" E., a distance of 31.13 feet; 12. Thence departing said north line, S. 03°23'32" E., a distance of 135.58 feet; 13. Thence S. 15°21'29" W., a distance of 59.79 feet; 14. Thence on the arc of a curve to the right, having a radius of 52.00 feet, a central angle of 74°20'17", a distance of 67.47 feet, (a chord bearing S. 52°31'38" W., a distance of 62.83 feet) to a point on the north right-of-way line of W. 44th Avenue (June, 2019); Page 3 of 3 15. Thence along said north right-of-way line and the extension westerly thereof, S. 89°41'47" W., a distance of 197.65 feet, more or less, to the POINT OF BEGINNING. The above described temporary easement contains 5,671 square feet (0.130 acres) of land, more or less. The purpose of the above-described temporary easement is for access, construction and grading. Bearings used in this description are based on a grid bearing of N 00°47'02" W from City of Wheat Ridge published control point "PHAC 1" (being a 9/16" stainless steel rod in monument box stamped PHAC 1), to City of Wheat Ridge published control point "PHAC 3" (being a 9/16" stainless steel rod in monument box stamped PHAC 3). Said grid bearing is NAD 83 (1992), Colorado State Plane coordinate system, Central Zone (502). ____________________________________ Jeremy S. Pegues, PLS 38447 For and on behalf of The Lund Partnership, Inc. 12265 W. Bayaud Avenue, Suite 130 Lakewood, CO 80228 TE-40 REV - Duration: 18 Months Page 1 of 2 CITY OF WHEAT RIDGE COUNTY OF JEFFERSON REAL PROPERTY TO BE ACQUIRED FROM PARCEL NO: RW-42 OWNER: Broadstone RL Portfolio, LLC, a New York limited liability company SITE: 4455 Wadsworth Boulevard Wheat Ridge, CO 80033 FOR PROJECT NO.: City of Wheat Ridge Project No. M-01-15 / CDOT Project No. NHPP 1211-086 PROJECT CODE: 21006 LOCATION: SH-121 / Wadsworth Blvd. (W. 35th Ave. to I-70) EXHIBIT A(8) Page 2 of 2 EXHIBIT "A" CITY OF WHEAT RIDGE PROJECT NUMBER: M-01-015 CDOT PROJECT NUMBER: NHPP 1211-086 PARCEL NUMBER: RW-42 PROJECT CODE: 21006 DATE: October 31, 2019 DESCRIPTION A tract or parcel of land No. RW-42 of the City of Wheat Ridge, State of Colorado, Project No. M- 01-015 (CDOT Project No. NHPP 1211-086; Project Code 21006) containing 6,034 sq. ft. (0.139 acres) of land, more or less, being a portion of that parcel of land as described in the Special Warranty Deed recorded at Reception Number 2015135420, in the Jefferson County Colorado Clerk and Recorder's Office on December 22, 2015, lying in the Southeast Quarter of the Northwest Quarter of Section 23, Township 3 South, Range 69 West, of the 6th Principal Meridian, in Jefferson County, Colorado, said tract or parcel being more particularly described as follows: COMMENCING at the Center Quarter Corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 13212"), whence the Center-North Sixteenth Corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 11434"), bears N.00°10'09"W., a distance of 1,321.98 feet; Thence N.08°04'57"W., a distance of 515.48 feet, to a point on the north line of said parcel described in the Deed at Reception Number 2015135420, said point being the POINT OF BEGINNING; 1. Thence along the north line of said parcel, N. 89°41'47" E., a distance of 25.97 feet to the west right-of-way line of Wadsworth Boulevard (June, 2019); 2. Thence along the west right-of-way line of Wadsworth Boulevard (June, 2019), S. 00°10'09" E., a distance of 229.82 feet to a point on the south line of said parcel; 3. Thence along the south line of said parcel, S. 89°41'04" W., a distance of 22.62 feet; 4. Thence N. 03°23'32" W., a distance of 93.90 feet; 5. Thence N. 0°38'41" E., a distance of 136.08 feet, more or less, to the POINT OF BEGINNING. The above described tract or parcel contains 6,034 square feet (0.139 acres) of land, more or less. Bearings used in this description are based on a grid bearing of N 00°47'02" W from City of Wheat Ridge published control point "PHAC 1" (being a 9/16" stainless steel rod in monument box stamped PHAC 1), to City of Wheat Ridge published control point "PHAC 3" (being a 9/16" stainless steel rod in monument box stamped PHAC 3). Said grid bearing is NAD 83 (1992), Colorado State Plane coordinate system, Central Zone (502). ____________________________________ Jeremy S. Pegues, PLS 38447 For and on behalf of The Lund Partnership, Inc. 12265 W. Bayaud Avenue, Suite 130 Lakewood, CO 80228 Page 1 of 2 CITY OF WHEAT RIDGE COUNTY OF JEFFERSON REAL PROPERTY TO BE ACQUIRED FROM TEMPORARY EASEMENT NO: TE-42 OWNER: Broadstone RL Portfolio, LLC, a New York limited liability company SITE: 4455 Wadsworth Boulevard Wheat Ridge, CO 80033 FOR PROJECT NO.: City of Wheat Ridge Project No. M-01-15 / CDOT Project No. NHPP 1211-086 PROJECT CODE: 21006 LOCATION: SH-121 / Wadsworth Blvd. (W. 35th Ave. to I-70) Page 2 of 2 EXHIBIT "A" CITY OF WHEAT RIDGE PROJECT NUMBER: M-01-015 CDOT PROJECT NUMBER: NHPP 1211-086 TEMPORARY EASEMENT NUMBER: TE-42 PROJECT CODE: 21006 DATE: October 31, 2019 DESCRIPTION A temporary easement No. TE-42 of the City of Wheat Ridge, State of Colorado, Project No. M-01- 015 (CDOT Project No. NHPP 1211-086; Project Code 21006) containing 4,639 sq. ft. (0.107 acres) of land, more or less, being a portion of that parcel of land as described in the Special Warranty Deed recorded at Reception Number 2015135420, in the Jefferson County Colorado Clerk and Recorder's Office on December 22, 2015, lying in the Southeast Quarter of the Northwest Quarter of Section 23, Township 3 South, Range 69 West, of the 6th Principal Meridian, in Jefferson County, Colorado, said temporary easement being more particularly described as follows: COMMENCING at the Center Quarter Corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 13212"), whence the Center-North Sixteenth Corner of said Section 23 (a 3 1/4" brass cap on pipe in range box stamped "LS 11434"), bears N.00°10'09"W., a distance of 1,321.98 feet; Thence N.08°04'57"W., a distance of 515.48 feet, to a point on the north line of said parcel described in the Deed at Reception Number 2015135420, said point being the POINT OF BEGINNING; 1. Thence S. 00°'38’41" W., a distance of 136.08 feet; 2. Thence S. 03°23'32" E., a distance of 93.90 feet to a point on the south line of said parcel; 3. Thence along said south line, S. 89°41'04" W., a distance of 31.13 feet; 4. Thence departing said south line, N. 12°45'22" E., a distance of 64.83 feet; 5. Thence N. 00°10'09" W., a distance of 103.82 feet; 6. Thence S. 89°49'51" W., a distance of 19.00 feet; 7. Thence N. 00°10'09" W., a distance of 62.82 feet to a point on the north line of said parcel; 8. Thence along said north line, N. 89°41'47" E., a distance of 32.28 feet, more or less, to the POINT OF BEGINNING. The above described temporary easement contains 4,639 square feet (0.107 acres) of land, more or less. The purpose of the above-described temporary easement is for access, construction and grading. Bearings used in this description are based on a grid bearing of N 00°47'02" W from City of Wheat Ridge published control point "PHAC 1" (being a 9/16" stainless steel rod in monument box stamped PHAC 1), to City of Wheat Ridge published control point "PHAC 3" (being a 9/16" stainless steel rod in monument box stamped PHAC 3). Said grid bearing is NAD 83 (1992), Colorado State Plane coordinate system, Central Zone (502). ____________________________________ Jeremy S. Pegues, PLS 38447 For and on behalf of The Lund Partnership, Inc. 12265 W. Bayaud Avenue, Suite 130 Lakewood, CO 80228 TE-42 Duration: 18 Months