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Home My WebLink About09/22/20086:30 p.m. Pre-Meeting CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING September 22, 2008 7:00 p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer, at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF August 25, 2008 PROCLAMATIONS AND CEREMONIES Recognition of Jefferson County Housing Authority: Alan Feinstein and Henry Wehrdt Proclamation: National Planning Month Proclamation: Constitution Week 2008 CITIZENS' RIGHT TO SPEAK Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 Minutes and sign the Public Comment Roster. 2. Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be heard. APPROVAL OF AGENDA EXECUTIVE SESSION Executive session under Charter Section 5.7(b)(1) and CRS 24-0 ^^'(4)(b) for legal advice on specific legal questions: El Dorado litigation. Item 1. CONSENT AGENDA A. Resolution No. 49-2008 - A Resolution finding a petition for annexation of a parcel of land located in Section 19, Township 3 South, Range 69 West of the Sixth Principal Meridian, county of Jefferson, state of Colorado, to be in substantial compliance with Section 31-12-107(1), Colorado Revised Statutes and setting a public hearing date to consider the annexation. (Case No. ANX -08-01) CITY COUNCIL AGENDA: September 22, 2008 Page -2- B. Resolution No. 50-2008 - A Resolution finding a petition for annexation of a parcel of land located in section 19, township 3 south, range 69 west of the sixth principal meridian, county of Jefferson, state of Colorado, to be in substantial compliance with section 31-12-107(1), Colorado Revised Statutes and setting a public hearing date to consider the annexation. (Case No. ANX -08-02) C. Resolution No. 51-2008 - A Resolution adopting the 2008 Memorandum of Understanding (MOU) among the following members of the Jefferson County Emergency Communications Authority: the City of Wheat Ridge, the City of Lakewood and the West Metro Fire Protection District, concerning the shared use of certain recording system servers. D. Resolution No. 52-2008 - A Resolution approving an Amendment to the Intergovernmental Agreement between Jefferson County, the City of Arvada, the City of Lakewood, the City of Wheat Ridge, the City of Golden, and the City of Westminster for the Implementation of a County- Wide Dog Licensing Program. E. Approval of Award ITB-08-34 - Emergency Warning System in the total amount not-to-exceed $103,898.98. ORDINANCES ON FIRST READING Item 2. Council Bill No. 17-2008 - An Ordinance providing for the approval of a change of zoning from Residential-One (R-1) and Agriculture-One (A-1) to Planned Residential Development and for approval of an Outline Development Plan for property located at 11885 W. 38th Avenue (Case No. WZ-07-06/Ashton Woods Homes/Doud Overlook DECISIONS, RESOLUTIONS, AND MOTIONS Item 3. Resolution No. 53-2008 - A Resolution amending the fiscal year 2008 Capital Investment Program Fund Budget to reflect the approval of a supplemental budget appropriation in an amount of $77,300 and approving the award of RFP-08-31 Kipling Corridor Blight Study, as amended, to Matrix Design Group, Inc., in a not-to-exceed amount of $127,300 for the purposes of conducting a conditions survey of the 1-70 Corridor and the Kipling Corridor and an Urban Renewal Plan for the Youngfield Street/Highway 58 Corridor Item 4. Resolution No. 54-2008 - A Resolution by the Mayor and City Council of the City of Wheat Ridge supporting Ballot Measures 2A, 2B and 2C. CITY COUNCIL AGENDA: September 22, 2008 Page -3- Item 5. Approval of Award for RFQ-08-28 - Comprehensive Plan Update to Clarion Associates in an amount not to exceed $150,000. CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT aff"ammum CITY OF WHEAT RIDGE, COLORADO August 25, 2008 Mayor DiTullio called the Regular City Council Meeting to order at 7:03 p.m. Councilmembers present: Karen Adams, Karen Berry, Dean Gokey, Tracy Langworthy, Lena Rotola, Wanda Sang, Mike Stites, and Terry Womble. Also present: City Clerk, Michael Snow; City Manager, Randy Young; City Attorney, Gerald Dahl; City Treasurer, Larry Schulz; Deputy City Manager, Patrick Goff, Chief of Police, Dan Brennan; Parks & Recreation Director, Joyce Manwaring; Director of Community Development, Kenneth Johnstone; Planner, Meredith Reckert; Director of Public Works, Tim Paranto; staff; and interested citizens. APPROVAL OF MINUTES OF Auaust 11. 2008 Motion by Mr. Stites for approval of the Minutes of August 11, 2008; seconded by Council Members Gokey and Sang; carried 7-0-1 with Mr. Womble abstaining due to his absence. CITIZENS' RIGHT TO SPEAK Jill Kanussmann, and Sandy Mabin, representing Second Wind Fund, which provides teen suicide prevention services, spoke to the audience about the Second Annual Second Wind fundraiser Walk/Run/Ride event on Sunday, September 21St, 2008. People interested in participating or donating may register and find additional information at www.thesecondwindfund.org or by calling 303-988-2645. Nancy Snow spoke in favor of a particular Wheat Ridge business, 5280 Gymnastics on West 44th Avenue, where recent United States Olympic medal winner, Sasha Artemev, trains for gymnastics. Ward Hart shared his experiences at the Taste of Wheat Ridge event last year and expressed his regret that the Council did not support it this year. Sali Caquelin thanked Mayor DiTullio for helping to put together the Taste of Wheat Ridge event. She expressed hope that the Council will support such events in the future; that an event like this brings members of the community together and is one that will aid in the City's revitalization. She made the point that the benefit of the event to the community far outweighs the cost to support it. Gene Shirley thanked Council for saying No on some recent decisions and thinks they should say No more often. He thanked them for dropping the Recreation Center Expansion ballot item. He does not believe this is the time to be asking voters to spend more money, that the city logo was a waste of money, we don't need another park and that the City must reduce spending and taxes. Further, he asked Jerry DiTullio when he was running for Mayor to address the efficiency and productivity in the City's government but he's seen nothing done of it since. CITY COUNCIL MINUTES: August 25, 2008 APPROVAL OF AGENDA Page -2- Motion by Ms. Berry to add an Item 9, Appointment of George Pond to the Parks & Recreation Commission; seconded by Council Members Womble and Gokey; carried 8-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 1. Council Bill 13-2008 - An Ordinance providing for the approval of change of zoning conditions on property zoned Planned Commercial Development and for approval of an amended outline development plan for property located at 3700 Kipling Street. (Case No. WZ-08-04) (City of Wheat Ridge) Mayor DiTullio opened the public hearing and swore in all citizens giving testimony. Council Bill 13-2008 was introduced on second reading by Mr. Stites. City Clerk Michael Snow assigned Ordinance No. 1417. Meredith Reckert entered into testimony the Wheat Ridge Comprehensive Plan and Parks Master Plan and provided the Staff summary in a PowerPoint presentation (amended to this packet). Mrs. Manwaring reviewed the process that was used to develop the Park Plan, beginning with a Parks needs analysis, neighborhood meetings, citizen mailings, surveys, study sessions and meetings with Parks Commission and other community groups. Carol Henry from Design Concepts described the features and technical designs of the proposed Park Outline Development Plan. Dalmon Larson handed the City Clerk a letter addressed to the Council outlining three questions pertaining to this Ordinance (amended to this packet) and shared his objections to certain elements in the park design relevant to the ideas that were presented and requested by the neighbors in the area. Cheryl Wise supports the City developing park facilities in general and this one in particular based on its visibility to those that live in the area and to those who drive along Kipling every day. This kind of visible beauty in the City will attract new people to the community. Ms. Wise also suggests adding more parking to the park design to support the proposed outdoor amphitheater. Nancy Snow thanked Council for finally committing to developing this park after 40 years of history and struggle to do so. She asked that the trails be designed so as to provide handicap accessibility, which requires a maximum of 5% grade on any part of those trails. She voiced concern and objection to the City giving away the 36,000 square feet on the North end of the park area for free rather than selling it. CITY COUNCIL MINUTES: August 25, 2008 Page -3- Staff addressed the various citizen and Council questions including, but not limited to the sale of the section of property on the North end of the property, the cost and budgeting to develop the Park, the design adaptations to accommodate possible future Kipling expansion, the steep slope of the property and the existing ditch on the Northeast corner. Mayor DiTullio called for a break at 8:33pm; to resume at 8:40pm. Mayor DiTullio closed the public hearing. Motion by Mr. Stites to approve Council Bill 13-2008 (Ordinance 1417) on second reading, and that it take effect 15 days after final publication, for the following reasons: 1. The property was rezoned to Planned Commercial Development pursuant to Case No. WZ-82-15. 2. A zone change process is required to modify zoning conditions. 3. The criteria used to evaluate a change in zoning conditions support the request. 4. The proposal is consistent with the recommendations made in the Parks & Recreation Master Plan. 5. The Parks and Recreation Commission recommended approval of the Master Plan. With the following conditions: 1. A note be added on page 1 that up to 36,000 square feet of the site may be used to support adjacent commercial development. 2. On Sheet 3, the "bulb" portion of the parking area be widened to provide a drop- off area. 3. On Sheet 3, designated locations where parallel parking will be allowed on West 35th Avenue and Johnson Street. 4. A note be added on page 5 that the designs shown are conceptual and that the final structure designs will be determined at the time of final development plan approval. 5. In the land use table site data breakdown, add a note that the open space and landscaped area shown is the minimum required." Seconded by Council Members Womble and Sang. Motion by Ms. Berry to amend Mr. Stites motion to: Strike Condition Number 1, and replace that condition with the following: A note be added on Page 1 that up to 36,000 square feet of the Northern portion of the site may be used for commercial uses as allowed in the RC, Restricted Commercial Zone District and subject to consistency with the Architectural Site Design Manual; seconded by Mrs. Rotola; carried 8-0. Mr. Stites motion as amended tied 4-4 with Council Members Berry, Adams, Rotola and Gokey voting No, and Council Members Womble, Langworthy, Stites and Sang voting Yes. Mayor DiTullio broke the tie in favor; Motion as amended carried 5-4. CITY COUNCIL MINUTES: August 25, 2008 Page -4- Item 2. Council Bill 14-2008 - An Ordinance submitting a ballot question to the voters of the City at the November 4, 2008 Special Election, concerning amending the Wheat Ridge Home Rule Charter to provide for limitations upon building height and residential density to be as set forth by Ordinance in the Wheat Ridge Zoning and Development Code. Mayor DiTullio opened the public hearing. Council Bill 14-2008 was introduced on second reading by Mr. Stites. City Clerk Michael Snow assigned Ordinance No. 1418. Cheryl Wise, of Lakewood, spoke in favor of the Ballot Question being proposed to the voters of Wheat Ridge and encouraged citizens to educate themselves on the matters around this issue to make an informed decision. Mrs. Wise emphasized that she has suffered some business opportunity loss herself due to the current restrictions in the Charter because she cannot obtain any variance to the height limits. Council would be allowed to adjust limitations appropriately in different areas in the City to allow positive development and progress in the City with the Repeal of this section of the Charter. Nancy Snow asserted that the current proposed ballot title is completely misleading. It does not in any way ask a voter to repeal the Charter limitations, which is what this Ballot Issue is intended to do. She cited State laws, Colorado Revised Statutes 31-11-111(3) that protect the voter from ballot questions that are worded in a way so as to be unclear what the result of a "Yes" or "No" vote are. Tom Slattery repeated that the ballot question was not only misleading, but fraudulently so. He asked Council if they intend to put the question to the voters that it at least be proposed in an honest manner. Thomas Ripp spoke in favor of the proposed ballot question. Britta Fisher thanked the Mayor and Council for their commitment to the Neighborhood Revitalization efforts in the city. She contended that property values are what's most important to her and to other families considering moving to the area and this change will make it possible for Wheat Ridge to progress in this way. Boulder is the only other city in Colorado with such limitations. This is a small majority and a testament to how inappropriate and limiting these limitations are in the City's Charter. Louise Turner claimed that the wording of the ballot question is the epitome of deceit. The Question says that height and density limitations will be provided in the Charter by this amendment, which it does not do, but nothing is asked about removing or repealing such limitations as they currently exist. Mrs. Turner asked Council to consider rewording the ballot question so that it honestly asks the voters what is intended. Phil Plummer spoke of the NRS conclusion that "WR must improve its housing stock". He contended that this Charter Change does not improve our housing stock. It only has the potential of introducing more condominium, apartment and rental housing, which is the last thing that WR needs. Mayor DiTullio closed the public hearing. CITY COUNCIL MINUTES: August 25, 2008 Page -5- Motion by Mr. Stites to approve Council Bill 14-2008 (Ordinance 1418) on second reading, and that it take effect immediately upon adoption at second reading; seconded by Council Members Adams and Gokey. Substitute Motion by Mrs. Sang to approve Council Bill 14-2008, An Ordinance submitting a Ballot Question to the Voters of the City of Wheat Ridge concerning Amending the Home Rule Charter; I further move to amend Council Bill 14-2008 for the Ballot Title to be set as: • Amending the Wheat Ridge Home Rule Charter to repeal all limitations on building height and residential density and such limitations be as set forth by ordinance in the Wheat Ridge Zoning and Development Code. I further move to amend the Ordinance for the Ballot Question to read as follows: • SHALL THE CITY OF WHEAT RIDGE AMEND ITS HOME RULE CHARTER TO REPEAL ALL BUILDING HEIGHT AND RESIDENTIAL DENSITY LIMITATIONS, THEREBY ALLOWING SUCH LIMITATIONS TO BE AS SET FORTH BY ORDINANCE IN THE WHEAT RIDGE ZONING AND DEVELOPMENT CODE? on second reading, and that it take affect immediately upon adoption at second reading; seconded by Council Members Womble and Gokey; failed 5-3 with Council Members Gokey, Sang and Womble voting Yes. Original motion by Mr. Stites carried 5-3 with Council Members Gokey, Sang and Womble voting No. Item 3. Council Bill 15-2008 - An Ordinance submitting a ballot issue to the voters of the City at the November 4, 2008 Special Election, concerning the authorization of a temporary sales and use tax rate increase and Revenue Bonds to finance the reconstruction and streetscaping of portions of West 38th Avenue. Mayor DiTullio opened the public hearing. Council Bill 15-2008 was introduced on second reading by Mrs. Sang. City Clerk Michael Snow assigned Ordinance No. 1419. Louise Turner asserted that this is another ballot title that is confusing. It talks about a temporary increase to fund these improvements. A total repayment in excess of $72,000,000 that takes almost 20 years to pay off is not considered a temporary increase. She asked the Council to reword the ballot title to indicate how long this is intended to take to pay back. Mary Cavarra supports this ballot issue being put on the ballot. She asked the Council to be more specific, however, on how this sales tax increase will be used, including the concept for the street reconstruction that is planned with estimates on what Public Works estimates some of the features to cost. Mayor DiTullio closed the public hearing. CITY COUNCIL MINUTES: August 25, 2008 Page -6- Motion by Mrs. Sang to approve Council Bill 15-2008 (Ordinance 1419) on second reading and that it take effect immediately upon adoption at second reading; seconded by Mr. Womble; carried 8-0. Item 4. Council Bill 16-2008 - An Ordinance submitting a ballot issue to the voters of the City at the November 4, 2008 Special Election, concerning the authorization of General Obligation Bonds to finance neighborhood flood control and storm drainage improvements. Mayor DiTullio opened the public hearing. Council Bill 16-2008 was introduced on second reading by Ms. Berry. City Clerk Michael Snow assigned Ordinance No. 1420. Louise Turner believes these improvements could be done on the current City Budget by simply conserving spending on other less beneficial matters and gradually completing the various improvements on a pay-as-you-go basis. Briffa Fisher doesn't believe people really talk about drainage very often. However, when there are drainage issues and a storm situation creates excessive runoff, residents realize just how important this infrastructure is to the value of their properties. She spoke of developers she knows who have recently abandoned plans for redevelopment in other metropolitan areas because of a city's lack of planning to address poor drainage issues. Mayor DiTullio closed the public hearing. Motion by Ms. Berry to approve Council Bill 16-2008 (Ordinance 1420) on second reading and that it take effect immediately upon adoption at second reading; seconded by Council Members Sang and Womble; carried 8-0. DECISIONS. RESOLUTIONS, AND MOTIONS Item 5. Resolution 45-2008 - A Resolution giving notice of and calling for a Special Municipal Election to be held November 4, 2008. Resolution 45-2008 was introduced by Mrs. Sang, who read the Executive Summary. Motion by Mrs. Sang to approve Resolution 45-2008; seconded by Council Members Langworthy and Adams; carried 8-0. CITY COUNCIL MINUTES: August 25, 2008 Page -7- Item 6. Resolution 46-2008 - A Resolution amending the fiscal year 2008 conservation trust fund budget to appropriate funds in the amount of $15,000 for the purpose of expending a State Historic Grant for restoration of the Baugh House and authorizing the Mayor to sign an award letter accepting the grant which includes recording a twenty year covenant on the property. Resolution 46-2008 was introduced by Mrs. Langworthy, who read the Executive Summary. Motion by Mrs. Langworthy to approve Resolution 46-2008; seconded by Mrs. Adams; carried 5-3 with Council Members Rotola, Sang and Gokey voting No. Item 7. Resolution 47-2008 - A Resolution approving Jefferson County Open Space to proceed with acquiring an appraisal for the purpose of disposing of less than an acre of park property located at 38th & Kipling. Resolution 47-2008 was introduced by Councilmember Stites, who read the Executive Summary. Motion by Mr. Stites to approve Resolution 47-2008; seconded by Council Members Langworthy and Sang; carried 7-1 with Mr. Gokey voting No. Item 8. Resolution 48-2008 -A Resolution approving an Intergovernmental Agreement (IGA) with the Prospect Recreation & Park District for maintenance of landscaping and trail improvements on West 44th Avenue. Resolution 48-2008 was introduced by Councilmember Langworthy. Motion by Mrs. Langworthy to approve Resolution 48-2008; seconded by Council Members Adams and Rotola. Motion by Mr. Gokey to amend sous to include statement in the Resolution language that the City only needs to fulfill these developments upon the development of the Cabelas store; seconded by Mrs. Sang; tied 4-4 with Council Members Gokey, Sang, Womble and Stites voting Yes; Mayor DiTullio broke the tie against with a No vote; motion failed 5-4. Original motion carried 8-0. Item 9. Appointment of George Pond to the Parks & Recreation Commission Motion by Mrs. Berry to appoint George Pond to the District 1 Parks & Recreation Commission, term to expire 03-02-2010; seconded by Mr. Womble; carried 8-0. CITY COUNCIL MINUTES: August 25, 2008 Page -8- ELECTED OFFICIALS' MATTERS City Clerk Michael Snow requested from citizens comments for or against the two proposed TABOR-related ballot questions. All Pro/Con comments will be summarized by the City Clerk and submitted for publication in the County "Blue Book" for distribution to all registered electors. Comments must address a specific ballot issue and must include the author's Name, Signature and Address where the signor is registered to vote. Please also indicate the ballot issue about which the comments are intended. Persons who wish to submit comments may do so by directing them to: Michael Snow, City Clerk, City of Wheat Ridge, 7500 W. 29th Avenue, Wheat Ridge CO 80033. Comments will be accepted until 5pm, September 19th, 2008. Mayor DiTullio thanked Council and DIRT Task force for their work in going through all the issues facing the City to come to some consensus on improvement projects. He mentioned that one of the top-ranked priorities was drainage infrastructure and that those drainage problems in the Southeast area of District I were on the top of the list. Many others were identified throughout the City, however. He also thanked staff for support, direction and work to move a drainage funding program to the voters. Mr. Gokey went fishing this weekend and will be going fishing again this weekend. He seconded Mr. DiTullio's thanks and appreciation to the DIRT Task Force for their work and commitment to providing a prioritization of City revitalization issues. Mr. Gokey also commented that the fireworks were beautiful at the Carnation Festival. Mrs. Adams thanked citizens of District 3 for attending the District meeting and thanked Glory of God Church for opening their doors to hold the meeting there. Another meeting is scheduled for September 18. More details will provided soon. Mr. Stites asked everyone in the City to please do one positive thing for your community this week and, as always, to find and buy it in Wheat Ridge. Meeting adjourned at 10:25p.m. 14~ Michael Snow, City Clerk APPROVED BY CITY COUNCIL ON SEPTEMBER 8, 2008 BY A VOTE OF to Mike Stites, 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 in the City Clerk's Office, as well as copies of Ordinances and Resolutions. PROCLAMATION 2008 COMMUNITY PLANNING MONTH WHEREAS, change is constant and affects all cities, towns, suburbs, counties and rural areas; and WHEREAS, community planning and plans help manage this change in a way that provides better choices for how people work and live; and WHEREAS, community planning provides an opportunity for all residents to be meaningfully involved in making choices that determine the future of their community; and WHEREAS, the full benefits of planning requires public officials and citizens who understand, support, and demand excellence in planning and insist on plan implementation; and WHEREAS, the month of October is designated as National Community Planning Month throughout the United States of America and its territories, and WHEREAS, the American Planning Association and its professional institute, the American Institute of Certified Planners, endorse National Community Planning Month as an opportunity to highlight the contributions sound planning and plan implementation make to the quality of our settlements and environment; and WHEREAS, the celebration of National Community Planning Month gives us the opportunity to publicly recognize the participation and dedication of the members of planning commissions and other citizen planners who have contributed their time and expertise to the improvement of the City of Wheat Ridge; and WHEREAS, we recognize the many valuable contributions made by professional city planners of the City of Wheat Ridge and extend our heartfelt thanks for the continued commitment to public service by these professionals; NOW, THEREFORE, BE IT RESOLVED THAT, the month of October 2008 is hereby designated as Community Planning Month in the City of Wheat Ridge, Colorado. Adopted th' 2iQ Day o September, 2008 of Wheat Ridge Michael Snow, City Clerk CONSTITUTION WEEK September 17th -23rd 2008 WHEREAS, September 17, 2008 marks the 221st Anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, it is fitting and proper to officially recognize this magnificent document and the anniversary of its creation; and WHEREAS, it is fitting and proper to officially recognize the patriotic celebrations which will commemorate the occasion; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17th through the 23rd as Constitution Week; NOW, THEREFORE I. Jerry DiTullio by the authority vested in me as the Mayor of the City of Wheat Ridge in the State of Colorado, do hereby proclaim the week of September 17th through the 23rd CONSTITUTION WEEK In Wheat Ridge, Colorado and ask our citizens to reaffirm the ideals that the Framers of the Constitution had in 1787. IN WITNESS WHEREOF, I do hereby set my hand and Seal of the City of Wheat Ridge this 22nd day of September, 2008. Michae now, City Clerk City of ~WheatWdge ITEM NO: r/ A, REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: September 22, 2008 TITLE: RESOLUTION NO. 49-2008 - A RESOLUTION FINDING A PETITION FOR ANNEXATION OF A PARCEL OF LAND LOCATED IN SECTION 199 TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, TO BE IN SUBSTANTIAL COMPLIANCE WITH SECTION 31-12-107(1), COLORADO REVISED STATUTES AND SETTING A PUBLIC HEARING DATE TO CONSIDER THE ANNEXATION. (CASE NO. ANX -08-01) ❑ PUBLIC HEARING ❑ BIDS/MOTIONS ® RESOLUTIONS Quasi-judicial: ❑ ORDINANCES FOR 11T READING ❑ ORDINANCES FOR 2ND READING ® NO City Manager EXECUTIVE SUMMARY: An annexation petition was submitted to the City on August 29, 2008 by Coors Brewing Company who owns the property located south of Highway 58 and west of Cabela's/Coors Subdivision, Filing No. 2. The Municipal Annexation Act establishes the procedures for annexation of unincorporated territory by a municipality. The first step is the presentation of the annexation petition to City Council and the determination by City Council whether the property in question is eligible for annexation under the statutes, and if so, setting a hearing date to consider the annexation. Under the statutes, territory is eligible to be annexed if more than 50% of the owners of more than 50% of the land sought to be annexed sign the annexation petition, at least 1/6 of the boundary of the land sought to be annexed is contiguous with the current City boundary, that a community of interest exists between the area proposed to be annexed and the annexing municipality, that the area is urban or will be urban in the near future, and that said area is or is capable of being integrated with the annexation municipality. COMMISSION/BOARD RECOMMENDATION: None. Only City Council acts upon annexation petitions STATEMENT OF THE ISSUES: The decision to annex a property is a legislative decision of City Council. The 1/6 contiguity requirement is met. The petitioner represents more than 50% of the landowners owning more than 50% of the land proposed for annexation. The area is surrounded by urban development and the area is capable of being integrated with the City. The area meets the annexation eligibility requirements established in the Municipal Annexation Act. This petition is being considered with a companion petition for adjacent property to the west in order to meet the contiguity requirement. The City is required to zone the property within 90 days of adoption of the annexation petition. It is anticipated that a subdivision plat and zoning request will be forthcoming. ALTERNATIVES CONSIDERED: The City Council has two options to consider with the resolution: 1. Adopt a motion to adopt the resolution. 2. Adopt a motion to deny the resolution. FINANCIAL IMPACT: The annexation of the property will create an immediate responsibility of the city to provide police protection. Given the small size of the property, this should not be a substantial burden. The City will received property tax revenues generated by the improvements on the property. One-time fees for annexation were submitted with the petition. RECOMMENDED MOTION: "I move to adopt Resolution No. 49-2008, finding the proposed annexation to be in substantial compliance with CRS 31-12-107(1) and to be eligible for annexation and setting a first reading date of October 27, 2008, and public hearing date of November 10, 2008." or "I move to deny approval of Resolution No. 49-2008 for the following reasons: Report prepared by: Sally Payne, Senior Planner Report reviewed by: Ken Johnstone, Director of Community Development ATTACHMENTS: 1. Annexation petition with attachments 2. Resolution No. 49-2008 PETITION FOR ANNEXATION #1 August 29, 2008 PETITION FOR ANNEXATION TO THE CITY OF WHEAT RIDGE, COLORADO THE UNDERSIGNED, being "Landowners" as defined in C.R.S. § 31-12-103(6), hereby Petition the City of Wheat Ridge for annexation for the following described property and further state: 1. The legal description of the land which Landowners request to be annexed to the municipality is attached hereto as Exhibit "A", hereinafter referred to as the "Property." 2. It is desirable and necessary that the Property. be annexed to the City of Wheat Ridge. 3. The following requirements of C.R.S. § 31-12-104 exist or have been met: a. Not less than 1/6th of the perimeter of the Property is contiguous with the City of Wheat Ridge. b. A community of interest exists between the Property and the City of Wheat Ridge. The Property is urban or will be urbanized in the near future; and the Property is capable of being integrated into the City of Wheat Ridge. 4. None of the limitations provided in C.R.S. § 31-12-105 are applicable and the requirements of that statute have been met because of the following: a. The annexation of the Property will not result in the Property being divided into separate parts or parcels under identical ownership. b. No land area within the Property held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate comprising 20 acres or more and having a valuation for assessment in excess of $200,000 for ad valorem tax purposes has been included in the area of the Property to be annexed without the written consent of the landowners thereof. C. No annexation proceedings have been commenced for annexation of any part of the Property by any other municipality. d. The entire width of all streets and alleys to be included within the area annexed are included. Annexation Petition: Interchange Property 1 ATTACHMENT 1 e. The annexation of the Property will not result in the detachment of area from any school district or the attachment of same to another school district; f. Annexation by the City of Wheat Ridge of the Property will not have the effect of, and will not result in, the denial of reasonable access to landowners, owners of an easement, or owners of a franchise adjoining a platted street or alley, inasmuch as annexation of the Property will not result in annexation of a platted street or alley which is not bounded on both sides by the City of Wheat Ridge. 5. The annexation of the Property will not have the effect of extending a boundary of the City of Wheat Ridge more than three miles in any direction from any point of the municipal boundary in the past 12 months. 6. The Landowners comprise the owners in fee of more than 50 percent of the area of the Property, exclusive of public streets and alleys, and comprise more than 50 percent of the landowners of the Property. The legal description of the land owned by each signer of this petition is shown on Exhibit A. 7. The Landowners request that the City of Wheat Ridge approve the annexation of the Property. 8. This Petition is accompanied by four (4) copies of an annexation boundary map in the form required by C.R.S. § 31-12-102(1)(d) and attached Exhibit B. 9. This instrument may be executed in one or more counterparts, all of which taken together shall constitute the same document. Annexation Petition: Interchange Property 2 LBAyN: O RS: Mailing Address: STATE OF COLORADO ) nn ) S.S. COUNTY OF~le4,oor,bn ) e Subscribed and sworn to before me this 11- day of 2008, by Witness my hand and official seal. Mycommisspwvltrf Il-ia-ll IOlny ~y~y atlftg Not ry F5t blic PUBLICC Q* F- Annexation Petition: Interchange Property AFFIDAVIT OF CIRCULAR IN SUPPORT OF PETITION STATE OF COLORADO ) S.S. COUNTY OF JEFFERSON ) being first duly sworn states as follows: a. I have circulated the Petition for Annexation to the City of Wheat Ridge set forth herein b. I know the persons whose names are subscribed to the foregoing Petition on behalf of the Landowners. C. The signatures on the foregoing Petition were affixed in my presence and each signature is a true, genuine and correct signature of the person it purports to be. d. To the best of my knowledge and belief, the persons whose names are affixed to the foregoing Petition are authorized to sign such document on behalf of Petitioners. CIRCU R STATE OF COLORADO ) S.S. COUNTY OF JEFFERSON ) Subscribed and sworn to before me this day of 2008, by ,%m I JJar Witness my hand and official seal. My commissi pl ll -Id -ll w e sAR t dnnQ~.4 I yl,L yl~ NotaryPu lic UBLI g F ~C Annexation Petition: Interchange Property 4 EXHIBIT `A' LEGAL DESCRIPTION of ANNEXATION LANDS ANNEX #1 CASE NO. ANX-08-01 BEING A PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED IN THAT CERTAIN CORRECTION DEED ON FILE AT RECEPTION No. 2006044289 IN THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF JEFFERSON, STATE OF COLORADO, TOGETHER WITH A PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED AND CONVEYED TO CITY OF WHEAT RIDGE AT RECEPTION No. 2007136692, ALL LYING WITHIN THE SOUTH HALF (S 1/2) OF SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 19, FROM WHENCE THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER (SW 1/4) BEARS NORTH 00°22'44" WEST A DISTANCE OF 2642.03 FEET, WITH ALL BEARINGS HEREIN RELATED THERETO; THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER (SW 1/4), NORTH 00°2244" WEST, 1321.03 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SOUTHWEST QUARTER (SW 1/4); THENCE CONTINUING ALONG SAID EAST LINE, NORTH 00°22'44" WEST, 171.61 FEET TO A POINT ON THE BOUNDARY OF SAID CORRECTION DEED, AND BEING THE POINT OF BEGINNING; THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: 1. SOUTH 81012'11" WEST, 438.70 FEET TO A POINT; 2. SOUTH 85000'54" WEST, 480.94 FEET TO A POINT; THENCE LEAVING SAID BOUNDARY, NORTH 31038'15" WEST, 196.39 FEET TO A POINT ON THE BOUNDARY OF SAID REAL PROPERTY AS DESCRIBED AT RECEPTION No. 2007136692; THENCE ALONG SAID BOUNDARY THE FOLLOWING FIVE (5) COURSES: 1. NORTHEASTERLY ALONG A NON-TANGENT CURVE TO THE LEFT CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 400.00 FEET, AND WHOSE LONG CHORD BEARS NORTH 53013'37" EAST AND HAS A CHORD LENGTH OF 270.97 FEET, THROUGH A CENTRAL ANGLE OF 39035'49", FOR AN ARC LENGTH OF 276.44 FEET TO A POINT OF NON- TANGENCY; 2. NORTH 33006'39" EAST, 57.33 FEET TO A POINT; 3. SOUTH 56053'21" EAST, 10.00 FEET TO A POINT; 4. NORTH 33006'39" EAST, 57.33 FEET TO A TANGENT CURVE TO THE RIGHT CONCAVE SOUTHEASTERLY; 5. NORTHEASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 590.00 FEET, AND WHOSE LONG CHORD BEARS NORTH 46038'42" EAST AND HAS A CHORD LENGTH OF 276.15 FEET, THROUGH A CENTRAL ANGLE OF 27004'05", FOR AN ARC LENGTH OF 278.73 FEET TO A POINT ON THE SOUTH LINE OF PARCEL 102-H AS DESCRIBED AND CONVEYED IN THAT CERTAIN DEED IN BOOK 2227 AT PAGES 527-531; THENCE ALONG SAID SOUTH LINE, NORTH 87°01'58" EAST, 745.30 FEET TO A POINT ON THE BOUNDARY OF THAT CERTAIN PLAT OF CABELAS COORS SUBDIVISION FILING No. 1, AMENDED; THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: SOUTH 01045'57" WEST, 141.67 FEET TO A NON-TANGENT CURVE TO THE LEFT CONCAVE NORTHWESTERLY; SOUTHWESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 505.40 FEET, AND WHOSE LONG CHORD BEARS SOUTH 28011'16" WEST AND HAS A CHORD LENGTH OF 451.18 FEET, THROUGH A CENTRAL ANGLE OF 53001'14", FOR AN ARC LENGTH OF 467.69 FEET TO THE POINT OF BEGINNING. CONTAINING 547,436 SQUARE FEET OR 12.567 ACRES OF LAND, MORE OR LESS. End of Legal Description. Frank M. Zwolinski, P.L.S. For and on Behalf of CLC Associates, Inc. Colorado License No. 38060 F:\2008\08-0074 - Coors Property\Survey\_Legals\ANNEX #1-revised 09-11-08.doc EXHIBIT B ANNEXATION BOUNDARY MAP #1 [Attached] C';~ ~~KJ4~~ /3 - -46-Ll -1 41 54~~ CITY OF WHEAT RIDGE, COLORADO Resolution No. 49-2008 TITLE: A RESOLUTION FINDING A PETITION FOR ANNEXATION OF A PARCEL OF LAND LOCATED IN SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, TO BE IN SUBSTANTIAL COMPLIANCE WITH SECTION 31-12- 107(1), COLORADO REVISED STATUTES AND SETTING A HEARING DATE TO CONSIDER THE ANNEXATION WHEREAS, a written petition for annexation to the City of Wheat Ridge, Colorado of a certain parcel of land as described in attached Exhibit A was filed with the City Clerk and referred by him to the City Council; and WHEREAS, pursuant to C.R.S. Section 31-12-107, this City Council, sitting as the governing body of the City of Wheat Ridge, Colorado, has reviewed the petition to determine whether there has been substantial compliance with C.R.S. 31-12-107(1); and WHEREAS, the City Council has satisfied itself concerning the substantial compliance of the petition with C.R.S. 31-12-107(1). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: Section 1. The written petition for annexation substantially complies with C.R.S. Section 31-12-107(1). Section 2. A public hearing on said petition shall be conducted at 7:00 pm on the I Oh day of November, 2008 at the City of Wheat Ridge Municipal Building which is located at 7500 W. 2901 Avenue, Wheat Ridge, Colorado, 80033, to determine if the proposed annexation complies with C.R.S. Sections 21-12-104 and 31-12-105 or such part thereof as may be required to establish eligibility under the terms of Title 31, Article 12, Part 1, as amended, known as the Municipal Annexation Act of 1965, and the Constitution of the State of Colorado, Article II, Section 30, as amended. Section 3. Any person may appear at said hearing and present evidence upon any matter to be determined by the City Council. ATTACHMENT 2 Section 4. This resolution shall be effective immediately upon adoption. RESOLVED AND PASSED this day of 2008. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk 2 EXHIBIT `A' LEGAL DESCRIPTION of ANNEXATION LANDS ANNEX #1 CASE NO. ANX-08-01 BEING A PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED IN THAT CERTAIN CORRECTION DEED ON FILE AT RECEPTION No. 2006044289 IN THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF JEFFERSON, STATE OF COLORADO, TOGETHER WITH A PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED AND CONVEYED TO CITY OF WHEAT RIDGE AT RECEPTION No. 2007136692, ALL LYING WITHIN THE SOUTH HALF (S 1/2) OF SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 19, FROM WHENCE THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER (SW 1/4) BEARS NORTH 00°22'44" WEST A DISTANCE OF 2642.03 FEET, WITH ALL BEARINGS HEREIN RELATED THERETO; THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER (SW 1/4), NORTH 00°22'44" WEST, 1321.03 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SOUTHWEST QUARTER (SW 1/4); THENCE CONTINUING ALONG SAID EAST LINE, NORTH 00°22'44" WEST, 171.61 FEET TO A POINT ON THE BOUNDARY OF SAID CORRECTION DEED, AND BEING THE POINT OF BEGINNING; THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: 1. SOUTH 81012'11" WEST, 438.70 FEET TO A POINT; 2. SOUTH 85000'54" WEST, 480.94 FEET TO A POINT; THENCE LEAVING SAID BOUNDARY, NORTH 31°38'15" WEST, 196.39 FEET TO A POINT ON THE BOUNDARY OF SAID REAL PROPERTY AS DESCRIBED AT RECEPTION No. 2007136692; THENCE ALONG SAID BOUNDARY THE FOLLOWING FIVE (5) COURSES: 1. NORTHEASTERLY ALONG A NON-TANGENT CURVE TO THE LEFT CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 400.00 FEET, AND WHOSE LONG CHORD BEARS NORTH 53013'37" EAST AND HAS A CHORD LENGTH OF 270.97 FEET, THROUGH A CENTRAL ANGLE OF 39°35'49", FOR AN ARC LENGTH OF 276.44 FEET TO A POINT OF NON- TANGENCY; 2. NORTH 33006'39" EAST, 57.33 FEET TO A POINT; 3. SOUTH 56053'21" EAST, 10.00 FEET TO A POINT; 4. NORTH 33006'39" EAST, 57.33 FEET TO A TANGENT CURVE TO THE RIGHT CONCAVE SOUTHEASTERLY; 5. NORTHEASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 590.00 FEET, AND WHOSE LONG CHORD BEARS NORTH 46038'42" EAST AND HAS A CHORD LENGTH OF 276.15 FEET, THROUGH A CENTRAL ANGLE OF 27°04'05", FOR AN ARC LENGTH OF 278.73 FEET TO A POINT ON THE SOUTH LINE OF PARCEL 102-H AS DESCRIBED AND CONVEYED IN THAT CERTAIN DEED IN BOOK 2227 AT PAGES 527-531; THENCE ALONG SAID SOUTH LINE, NORTH 87°01'58" EAST, 745.30 FEET TO A POINT ON THE BOUNDARY OF THAT CERTAIN PLAT OF CABELAS COORS SUBDIVISION FILING No. 1, AMENDED; THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: SOUTH 01045'57" WEST, 141.67 FEET TO A NON-TANGENT CURVE TO THE LEFT CONCAVE NORTHWESTERLY; SOUTHWESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 505.40 FEET, AND WHOSE LONG CHORD BEARS SOUTH 28011'16" WEST AND HAS A CHORD LENGTH OF 451.18 FEET, THROUGH A CENTRAL ANGLE OF 53°01'14", FOR AN ARC LENGTH OF 467.69 FEET TO THE POINT OF BEGINNING. CONTAINING 547,436 SQUARE FEET OR 12.567 ACRES OF LAND, MORE OR LESS. End of Legal Description. Frank M. Zwolinski, P.L.S. For and on Behalf of CLC Associates, Inc. Colorado License No. 38060 F:\2008\08-0074 - Coors Property\Survey\_Legals\ANNEX #1-revised 09-11-08.doc PETITION FOR ANNEXATION #1 August 29, 2008 PETITION FOR ANNEXATION TO THE CITY OF WHEAT RIDGE, COLORADO THE UNDERSIGNED, being "Landowners" as defined in C.R.S. § 31-12-103(6), hereby Petition the City of Wheat Ridge for annexation for the following described property and further state: 1. The legal description of the land which Landowners request to be annexed to the municipality is attached hereto as Exhibit "A", hereinafter referred to as the `Property." 2. It is desirable and necessary that the Property. be annexed to the City of Wheat Ridge. 3. The following requirements of C.R.S. § 31-12-104 exist or have been met: a. Not less than 1/6th of the perimeter of the Property is contiguous with the City of Wheat Ridge. b. A community of interest exists between the Property and the City of Wheat Ridge. The Property is urban or will be urbanized in the near future; and the Property is capable of being integrated into the City of Wheat Ridge. 4. None of the limitations provided in C.R.S. § 31-12-105 are applicable and the requirements of that statute have been met because of the following: a. The annexation of the Property will not result in the Property being divided into separate parts or parcels under identical ownership. b. No land area within the Property held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate comprising 20 acres or more and having a valuation for assessment in excess of $200,000 for ad valorem tax purposes has been included in the area of the Property to be annexed without the written consent of the landowners thereof. C. No annexation proceedings have been commenced for annexation of any part of the Property by any other municipality. d. The entire width of all streets and alleys to be included within the area annexed are included. Annexation Petition: Interchange Property I ATTACHMENT 1 e. The annexation of the Property will not result in the detachment of area from any school district or the attachment of same to another school district; f. Annexation by the City of Wheat Ridge of the Property will not have the effect of, and will not result in, the denial of reasonable access to landowners, owners of an easement, or owners of a franchise adjoining a platted street or alley, inasmuch as annexation of the Property will not result in annexation of a platted street or alley which is not bounded on both sides by the City of Wheat Ridge. 5. The annexation of the Property will not have the effect of extending a boundary of the City of Wheat Ridge more than three miles in any direction from any point of the municipal boundary in the past 12 months. 6. The Landowners comprise the owners in fee of more than 50 percent of the area of the Property, exclusive of public streets and alleys, and comprise more than 50 percent of the landowners of the Property. The legal description of the land owned by each signer of this petition is shown on Exhibit A. 7. The Landowners request that the City of Wheat Ridge approve the annexation of the Property. 8. This Petition is accompanied by four (4) copies of an annexation boundary map in the form required by C.R.S. § 31-12-102(1)(d) and attached Exhibit B. 9. This instrument may be executed in one or more counterparts, all of which taken together shall constitute the same document. Annexation Petition: Interchange Property 2 LANDO S: By: STATE OF COLORADO COUNTY OF; Pr~an Subscribed and sworn to before 2 t and---- Mailing Address: S.S. me this -2iL day of /Iur1tLSt, 2008, by Witness my hand and official seal. My commiss Llf- 'Q u±- Gay Annexation Petition: Interchange Property AFFIDAVIT OF CIRCULAR IN SUPPORT OF PETITION STATE OF COLORADO ) S.S. COUNTY OF JEFFERSON ) 24 vti ~ 1k)aAUr being first duly sworn states as follows: a. I have circulated the Petition for Annexation to the City of Wheat Ridge set forth herein b. I know the persons whose names are subscribed to the foregoing Petition on behalf of the Landowners. C. The signatures on the foregoing Petition were affixed in my presence and each signature is a true, genuine and correct signature of the person it purports to be. d. To the best of my knowledge and belief, the persons whose names are affixed to the foregoing Petition are authorized to sign such document on behalf of Petitioners. CIRCU R STATE OF COLORADO ) S.S. COUNTY OF JEFFERSON ) Subscribed and sworn to before me this day of 2008, by .~il~uel IA)nlVe~' c11 Witness my hand and official seal. My commissi Klvos ARr UBLA A/7n Oi~ ~L 1 )J~/~.D7/~ Notary-Public Annexation Petition: Interchange Property 4 EXHIBIT `A' LEGAL DESCRIPTION of ANNEXATION LANDS ANNEX #1 CASE NO. ANX-08-01 BEING A PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED IN THAT CERTAIN CORRECTION DEED ON FILE AT RECEPTION No. 2006044289 IN THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF JEFFERSON, STATE OF COLORADO, TOGETHER WITH A PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED AND CONVEYED TO CITY OF WHEAT RIDGE AT RECEPTION No. 2007136692, ALL LYING WITHIN THE SOUTH HALF (S 1/2) OF SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 19, FROM WHENCE THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER (SW 1/4) BEARS NORTH 00°22'44" WEST A DISTANCE OF 2642.03 FEET, WITH ALL BEARINGS HEREIN RELATED THERETO; THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER (SW 1/4), NORTH 00°2244" WEST, 1321.03 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SOUTHWEST QUARTER (SW 1/4); THENCE CONTINUING ALONG SAID EAST LINE, NORTH 00°22'44" WEST, 171.61 FEET TO A POINT ON THE BOUNDARY OF SAID CORRECTION DEED, AND BEING THE POINT OF BEGINNING; THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: 1. SOUTH 81012'11" WEST, 438.70 FEET TO A POINT; 2. SOUTH 85000'54" WEST, 480.94 FEET TO A POINT; THENCE LEAVING SAID BOUNDARY, NORTH 31°38'15" WEST, 196.39 FEET TO A POINT ON THE BOUNDARY OF SAID REAL PROPERTY AS DESCRIBED AT RECEPTION No. 2007136692; THENCE ALONG SAID BOUNDARY THE FOLLOWING FIVE (5) COURSES: 1. NORTHEASTERLY ALONG A NON-TANGENT CURVE TO THE LEFT CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 400.00 FEET, AND WHOSE LONG CHORD BEARS NORTH 53013'37" EAST AND HAS A CHORD LENGTH OF 270.97 FEET, THROUGH A CENTRAL ANGLE OF 39°35'49", FOR AN ARC LENGTH OF 276.44 FEET TO A POINT OF NON- TANGENCY; 2. NORTH 33006'39" EAST, 57.33 FEET TO A POINT; 3. SOUTH 56053'21" EAST, 10.00 FEET TO A POINT; 4. NORTH 33006'39" EAST, 57.33 FEET TO A TANGENT CURVE TO THE RIGHT CONCAVE SOUTHEASTERLY; 5. NORTHEASTERLY ALONG SAID CURVE, HAVING A RADIUS OF 590.00 FEET, AND WHOSE LONG CHORD BEARS NORTH 46038'42" EAST AND HAS A CHORD LENGTH OF 276.15 FEET, THROUGH A CENTRAL ANGLE OF 27°04'05", FOR AN ARC LENGTH OF 278.73 FEET TO A POINT ON THE SOUTH LINE OF PARCEL 102-H AS DESCRIBED AND CONVEYED IN THAT CERTAIN DEED IN BOOK 2227 AT PAGES 527-531; THENCE ALONG SAID SOUTH LINE, NORTH 87001'58" EAST, 745.30 FEET TO. A POINT ON THE BOUNDARY OF THAT CERTAIN PLAT OF CABELAS COORS SUBDIVISION FILING No. 1, AMENDED; THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: SOUTH 01045'57" WEST, 141.67 FEET TO A NON-TANGENT CURVE TO THE LEFT CONCAVE NORTHWESTERLY; SOUTHWESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 505.40 FEET, AND WHOSE LONG CHORD BEARS SOUTH 28011'16" WEST AND HAS A CHORD LENGTH OF 451.18 FEET, THROUGH A CENTRAL ANGLE OF 53°01'14", FOR AN ARC LENGTH OF 467.69 FEET TO THE POINT OF BEGINNING. CONTAINING 547,436 SQUARE FEET OR 12.567 ACRES OF LAND, MORE OR LESS. End of Legal Description. Frank M. Zwolinski, P.L.S. For and on Behalf of CLC Associates, Inc. Colorado License No. 38060 FA2008\08-0074 -Coors Property\Suivey\_Legals\ANNEX #I -revised 09-11-08.doc e~~s City of ]grWheatWdge ITEM NO: /6' REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: September 22, 2008 TITLE: RESOLUTION NO. 50-2008 - A RESOLUTION FINDING A PETITION FOR ANNEXATION OF A PARCEL OF LAND LOCATED IN SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, TO BE IN SUBSTANTIAL COMPLIANCE WITH SECTION 31-12-107(1), COLORADO REVISED STATUTES AND SETTING A PUBLIC HEARING DATE TO CONSIDER THE ANNEXATION. (CASE NO. ANX -08-02) ❑ PUBLIC HEARING ❑ BIDS/MOTIONS ® RESOLUTIONS Quasi-judicial: YES ❑ ORDINANCES FOR 1sT READING ❑ ORDINANCES FOR 2ND READING ® NO City Mana r EXECUTIVE SUMMARY: An annexation petition was submitted to the City on August 29, 2008 by Coors Brewing Company who owns the property located south of Highway 58 and west of Cabela's/Coors Subdivision, Filing No. 2. The Municipal Annexation Act establishes the procedures for annexation of unincorporated territory by a municipality. The first step is the presentation of the annexation petition to City Council and the determination by City Council whether the property in question is eligible for annexation under the statutes, and if so, setting a hearing date to consider the annexation. Under the statutes, territory is eligible to be annexed if more than 50% of the owners of more than 50% of the land sought to be annexed sign the annexation petition, at least 1/6 of the boundary of the land sought to be annexed is contiguous with the current City boundary, that a community of interest exists between the area proposed to be annexed and the annexing municipality, that the area is urban or will be urban in the near future, and that said area is or is capable of being integrated with the annexation municipality. COMMISSION/BOARD RECOMMENDATION: None. Only City Council acts upon annexation petitions. STATEMENT OF THE ISSUES: The decision to annex a property is a legislative decision of City Council. The petitioner represents more than 50% of the landowners owning more than 50% of the land proposed for annexation. The area is surrounded by urban development and the area is capable of being integrated with the City. The area meets the annexation eligibility requirements established in the Municipal Annexation Act. This petition is being considered with a companion petition for adjacent property to the east in order to meet the contiguity requirement. The proposed piece has no direct contiguity with the existing city limit line; therefore, resolution number 49 which is for the eastern piece must be annexed first. Once the eastern piece is annexed, the 1/6 contiguity requirement will be met for the western parcel. The City is required to zone the property within 90 days of adoption of the annexation petition. It is anticipated that a subdivision plat and zoning request will be forthcoming. ALTERNATIVES CONSIDERED: The City Council has two options to consider with the resolution 1. Adopt a motion to adopt the resolution. 2. Adopt a motion to deny the resolution. FINANCIAL IMPACT: The annexation of the property will create an immediate responsibility of the city to provide police protection. Given the small size of the property, this should not be a substantial burden. The City will received property tax revenues generated by the improvements on the property. One-time fees for annexation were submitted with the petition. "I move to adopt Resolution No. 50-2008, finding the proposed annexation to be in substantial compliance with CRS 31-12-107(1) and to be eligible for annexation and setting a first reading date of October 27, 2008, and public hearing date of November 10, 2008." or "I move to deny approval of Resolution No. 50-2008 for the following reasons: Report prepared by: Sally Payne, Senior Planner Report reviewed by: Ken Johnstone, Director of Community Development ATTACHMENTS: 1. Annexation petition with attachments 2. Resolution No. 50-2008 PETITION FOR ANNEXATION #2 August 29, 2008 PETITION FOR ANNEXATION TO THE CITY OF WHEAT RIDGE, COLORADO THE UNDERSIGNED, being "Landowners" as defined in C.R.S. § 31-12-103(6), hereby Petition the City of Wheat Ridge for annexation for the following described property and further state: 1. The legal description of the land which Landowners request to be annexed to the municipality is attached hereto as Exhibit "A", hereinafter referred to as the "Property." 2. It is desirable and necessary that the Property be annexed to the City of Wheat Ridge. 3. The following requirements of C.R.S. § 31-12-104 exist or have been met: a. Not less than 1/6th of the perimeter of the Property is contiguous with the City of Wheat Ridge. b. A community of interest exists between the Property and the City of Wheat Ridge. The Property is urban or will be urbanized in the near future; and the Property is capable of being integrated into the City of Wheat Ridge. 4. None of the limitations provided in C.R.S. § 31-12-105 are applicable and the requirements of that statute have been met because of the following: a. The annexation of the Property will not result in the Property being divided into separate parts or parcels under identical ownership. b. No land area within the Property held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate comprising 20 acres or more and having a valuation for assessment in excess of $200,000 for ad valorem tax purposes has been included in the area of the Property to be annexed without the written consent of the landowners thereof. C. No annexation proceedings have been commenced for annexation of any part of the Property by any other municipality. d. The entire width of all streets and alleys to be included within the area annexed are included. Annexation Petition: Interchange Property 1 e. The annexation of the Property will not result in the detachment of area from any school district or the attachment of same to another school district; f. Annexation by the City of Wheat Ridge of the Property will not have the effect of, and will not result in, the denial of reasonable access to landowners, owners of an easement, or owners of a franchise adjoining a platted street or alley, inasmuch as annexation of the Property will not result in annexation of a platted street or alley which is not bounded on both sides by the City of Wheat Ridge. 5. The annexation of the Property will not have the effect of extending a boundary of the City of Wheat Ridge more than three miles in any direction from any point of the municipal boundary in the past 12 months. 6. The Landowners comprise the owners in fee of more than 50 percent of the area of the Property, exclusive of public streets and alleys, and comprise more than 50 percent of the landowners of the Property. The legal description of the land owned by each signer of this petition is shown on Exhibit A. 7. The Landowners request that the City of Wheat Ridge approve the annexation of the Property. 8. This Petition is accompanied by four (4) copies of an annexation boundary map in the form required by C.R.S. § 31-12-102(1)(d) and attached Exhibit B. 9. This instrument may be executed in one or more counterparts, all of which taken together shall constitute the same document. Annexation Petition: Interchange Property 2 LANDO I IERS: By. Lem Mailing Address: STATE OF COLORADO ) f f ) S.S. COUNTY OF ` e t-e r-60-r, Subscribed and sworn to before me this J 9 day ofA (11 S, , 2008, by rand - Witness my hand and official seal. My C dio~ m' es: 1 I -la - I I & Notary u c PUBLIC Annexation Petition: Interchange Property AFFIDAVIT OF CIRCULAR IN SUPPORT OF PETITION STATE OF COLORADO ) S.S. COUNTY OF JEFFERSON ) nai i d a) IULr- , being first duly sworn states as follows: a. I have circulated the Petition for Annexation to the City of Wheat Ridge set forth herein b. I know the persons whose names are subscribed to the foregoing Petition on behalf of the Landowners. C. The signatures on the foregoing Petition were affixed in my presence and each signature is a true, genuine and correct signature of the person it purports to be. d. To the best of my knowledge and belief, the persons whose names are affixed to the foregoing Petition are authorized to sign such document on behalf of Petitioners. R 7t STATE OF COLORADO ) S.S. COUNTY OF JEFFERSON ) Subscribed and sworn to before me this 2~ day of 2008, by 'yp,muel Itk.IW. Witness my hand and official seal. My c, lat4..4 es: 1 1 - l o ~s sA No ary blic laLIC ,O~ C6 4'- Annexation Petition: Interchange Property 4 EXHIBIT `A' LEGAL DESCRIPTION of ANNEXATION LANDS ANNEX #2 CASE NO. ANX-08-02 BEING A PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED IN THAT CERTAIN CORRECTION DEED ON FILE AT RECEPTION No. 2006044289 IN THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF JEFFERSON, STATE OF COLORADO, TOGETHER WITH A PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED AND CONVEYED TO CITY OF WHEAT RIDGE AT RECEPTION No. 2007136692, ALL LYING WITHIN THE SOUTH HALF (S 1/2) OF SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 19, FROM WHENCE THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER (SW 1/4) BEARS NORTH 00°22'44" WEST A DISTANCE OF 2642.03 FEET, WITH ALL BEARINGS HEREIN RELATED THERETO; THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER (SW 1/4), NORTH 00°22'44" WEST, 1321.03 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SOUTHWEST QUARTER (SW 1/4); THENCE CONTINUING ALONG SAID EAST LINE, NORTH 00°22'44" WEST, 171.61 FEET TO A POINT ON THE BOUNDARY OF SAID CORRECTION DEED; THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: 1. SOUTH 81°12'11" WEST, 438.70 FEET TO A POINT; 2. SOUTH 85°00'54" WEST, 480.94 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID BOUNDARY OF SAID CORRECTION DEED THE FOLLOWING SIX (6) COURSES: 1. SOUTH 89049'59" WEST, 310.18 FEET TO A POINT; 2. SOUTH 88036'28" WEST, 125.11 FEET TO A POINT; 3. SOUTH 85049'53" WEST, 273.10 FEET TO A POINT; 4. NORTH 88015'34" WEST, 397.05 FEET TO A TANGENT CURVE TO THE LEFT CONCAVE SOUTHERLY; 5. WESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 1323.78 FEET, AND WHOSE LONG CHORD BEARS SOUTH 88028'30" WEST AND HAS A CHORD LENGTH OF 150.82 FEET, THROUGH A CENTRAL ANGLE OF 06°31'53", FOR AN ARC LENGTH OF 150.90 FEET TO A POINT OF NON-TANGENCY; 6. NORTH 00011'45" WEST, 378.33 FEET TO A POINT ON THE BOUNDARY OF THAT CERTAIN PARCEL AS DESCRIBED AND CONVEYED AT RECEPTION No. 2008011087; THENCE ALONG SAID BOUNDARY THE FOLLOWING FOUR (4) COURSES: 1. SOUTH 85048'49" EAST, 261.10 FEET TO A POINT; 2. SOUTH 74007'37" EAST, 239.61 FEET TO A POINT; 3. NORTH 74045'04" EAST, 322.38 FEET TO A POINT; 4. NORTH 63026'29" EAST, 457.67 FEET TO A POINT ON THE SOUTH LINE OF PARCEL 102-H AS DESCRIBED AND CONVEYED IN THAT CERTAIN DEED IN BOOK 2227 AT PAGES 527-531; THENCE ALONG SAID SOUTH LINE THE FOLLOWING TWO (2) COURSES: 1. NORTH 81002'51" EAST, 189.87 FEET TO A POINT; 2. NORTH 87001'58" EAST, 243.88 FEET TO A POINT ON THE BOUNDARY OF THAT CERTAIN RIGHT-OF-WAY AS DESCRIBED AND CONVEYED IN THAT CERTAIN SPECIAL WARRANTY DEED ON FILE AT RECEPTION No. 2007136692; THENCE ALONG THE BOUNDARY OF SAID RIGHT-OF-WAY THE FOLLOWING FIVE (5) COURSES: 1. SOUTHWESTERLY ALONG A NON-TANGENT CURVE TO THE LEFT CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 590.00 FEET, AND WHOSE LONG CHORD BEARS SOUTH 46°38'42" WEST AND HAS A CHORD LENGTH OF 276.15 FEET, THROUGH A CENTRAL ANGLE OF 27°04'05", FOR AN ARC LENGTH OF 278.73 FEET TO A POINT OF TANGENCY; 2. SOUTH 33°06'39" WEST, 57.33 FEET TO A POINT; 3. NORTH 56053'21" WEST, 10.00 FEET TO A POINT; 4. SOUTH 33°06'39" WEST, 57.33 FEET TO A NON-TANGENT CURVE TO THE RIGHT CONCAVE NORTHWESTERLY; 5. SOUTHWESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 400.00 FEET, AND WHOSE LONG CHORD BEARS SOUTH 53°13'37" WEST AND HAS A CHORD LENGTH OF 270.97 FEET, THROUGH A CENTRAL ANGLE OF 39°35'49", FOR AN ARC LENGTH OF 276.44 FEET TO A POINT OF NON-TANGENCY; THENCE LEAVING SAID BOUNDARY, SOUTH 31°38'15" EAST, 196.39 FEET TO THE POINT OF BEGINNING. CONTAINING 548,634 SQUARE FEET OR 12.595 ACRES OF LAND, MORE OR LESS. End of Legal Description. Frank M. Zwolinski, P.L.S. For and on Behalf of CLC Associates, Inc. Colorado License No. 38060 F:\2008\08-0074 - Coors Property\Survey\_Legals\ANNEX #2-revised 09-11-08.doc EXHIBIT B ANNEXATION BOUNDARY MAP #1 [Attached] CITY OF WHEAT RIDGE, COLORADO Resolution No. 50-2008 TITLE: A RESOLUTION FINDING A PETITION FOR ANNEXATION OF A PARCEL OF LAND LOCATED IN SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, TO BE IN SUBSTANTIAL COMPLIANCE WITH SECTION 31-12- 107(1), COLORADO REVISED STATUTES AND SETTING A HEARING DATE TO CONSIDER THE ANNEXATION WHEREAS, a written petition for annexation to the City of Wheat Ridge, Colorado of a certain parcel of land as described in attached Exhibit A was filed with the City Clerk and referred by him to the City Council; and WHEREAS, pursuant to C.R.S. Section 31-12-107, this City Council, sitting as the governing body of the City of Wheat Ridge, Colorado, has reviewed the petition to determine whether there has been substantial compliance with C.R.S. 31-12-107(1); and WHEREAS, the City Council has satisfied itself concerning the substantial compliance of the petition with C.R.S. 31-12-107(1). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, AS FOLLOWS: Section 1. The written petition for annexation substantially complies with C.R.S. Section 31-12-107(1). Section 2. A public hearing on said petition shall be conducted at 7:00 pm on the 10"' day of November, 2008 at the City of Wheat Ridge Municipal Building which is located at 7500 W. 29u Avenue, Wheat Ridge, Colorado, 80033, to determine if the proposed annexation complies with C.R.S. Sections 21-12-104 and 31-12-105 or such part thereof as may be required to establish eligibility under the terms of Title 31, Article 12, Part 1, as amended, known as the Municipal Annexation Act of 1965, and the Constitution of the State of Colorado, Article II, Section 30, as amended. Section 3. Any person may appear at said hearing and present evidence upon any matter to be determined by the City Council. ATTACHMENT 2 Section 4. This resolution shall be effective immediately upon adoption. RESOLVED AND PASSED this day of 2008. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk 2 PETITION FOR ANNEXATION #2 August 29, 2008 PETITION FOR ANNEXATION TO THE CITY OF WHEAT RIDGE, COLORADO THE UNDERSIGNED, being "Landowners" as defined in C.R.S. § 31-12-103(6), hereby Petition the City of Wheat Ridge for annexation for the following described property and further state: 1. The legal description of the land which Landowners request to be annexed to the municipality is attached hereto as Exhibit "A", hereinafter referred to as the "Property." 2. It is desirable and necessary that the Property be annexed to the City of Wheat Ridge. 3. The following requirements of C.R.S. § 31-12-104 exist or have been met: a. Not less than 1/6th of the perimeter of the Property is contiguous with the City of Wheat Ridge. b. A community of interest exists between the Property and the City of Wheat Ridge. The Property is urban or will be urbanized in the near future; and the Property is capable of being integrated into the City of Wheat Ridge. 4. None of the limitations provided in C.R.S. § 31-12-105 are applicable and the requirements of that statute have been met because of the following: a. The annexation of the Property will not result in the Property being divided into separate parts or parcels under identical ownership. b. No land area within the Property held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate comprising 20 acres or more and having a valuation for assessment in excess of $200,000 for ad valorem tax purposes has been included in the area of the Property to be annexed without the written consent of the landowners thereof. C. No annexation proceedings have been commenced for annexation of any part of the Property by any other municipality. d. The entire width of all streets and alleys to be included within the area annexed are included. Annexation Petifion: Interchange Property e. The annexation of the Property will not result in the detachment of area from any school district or the attachment of same to another school district; Annexation by the City of Wheat Ridge of the Property will not have the effect of, and will not result in, the denial of reasonable access to landowners, owners of an easement, or owners of a franchise adjoining a platted street or alley, inasmuch as annexation of the Property will not result in annexation of a platted street or alley which is not bounded on both sides by the City of Wheat Ridge. 5. The annexation of the Property will not have the effect of extending a boundary of the City of Wheat Ridge more than three miles in any direction from any point of the municipal boundary in the past 12 months. 6. The Landowners comprise the owners in fee of more than 50 percent of the area of the Property, exclusive of public streets and alleys, and comprise more than 50 percent of the landowners of the Property. The legal description of the land owned by each signer of this petition is shown on Exhibit A. 7. The Landowners request that the City of Wheat Ridge approve the annexation of the Property. 8. This Petition is accompanied by four (4) copies of an annexation boundary map in the form required by C.R.S. § 31-12-102(1)(d) and attached Exhibit B. 9. This instrument may be executed in one or more counterparts, all of which taken together shall constitute the same document. Annexation Petition: Interchange Property 2 LANDO IERS: By: Mailing Address: STATE OF COLORADO ) n~ In~ ) S.S. COUNTY OFjj erso-(~ } Subscribed and sworn to before me this P_ day of 2008, by Witness my hand and official seal. Myc sio'R ' es: 1 I - I-l I ~0 'ARa Nota u c Annexation Petition: Interchange Property AFFIDAVIT OF CIRCULAR IN SUPPORT OF PETITION STATE OF COLORADO ) S.S. COUNTY OF JEFFERSON ) lI being first duly sworn states as follows: a. I have circulated the Petition for Annexation to the City of Wheat Ridge set forth herein b. I know the persons whose names are subscribed to the foregoing Petition on behalf of the Landowners. C. The signatures on the foregoing Petition were affixed in my presence and each signature is a true, genuine and correct signature of the person it purports to be. d. To the best of my knowledge and belief, the persons whose names are affixed to the foregoing Petition are authorized to sign such document on behalf of Petitioners. CIRCU R STATE OF COLORADO ) S.S. COUNTY OF JEFFERSON ) Subscribed and sworn to before me this cA day of, 2008, by ,%muel i )bn ur Witness my hand and official seal. My commissiop~s t NotaryPu lic PUBLIC, ~ "IQ A '~q.....e~~ C'- co Annexation Petition: Interchange Property 4 EXHIBIT `A' LEGAL DESCRIPTION of ANNEXATION LANDS ANNEX #2 CASE NO. ANX-08-02 BEING A PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED IN THAT CERTAIN CORRECTION DEED ON FILE AT RECEPTION No. 2006044289 IN THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF JEFFERSON, STATE OF COLORADO, TOGETHER WITH A PORTION OF THAT CERTAIN REAL PROPERTY AS DESCRIBED AND CONVEYED TO CITY OF WHEAT RIDGE AT RECEPTION No. 2007136692, ALL LYING WITHIN THE SOUTH HALF (S 1/2) OF SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 19, FROM WHENCE THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER (SW 1/4) BEARS NORTH 00°22'44" WEST A DISTANCE OF 2642.03 FEET, WITH ALL BEARINGS HEREIN RELATED THERETO; THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER (SW 1/4), NORTH 00°22'44" WEST, 1321.03 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER (NE 1/4) OF SAID SOUTHWEST QUARTER (SW 1/4); THENCE CONTINUING ALONG SAID EAST LINE, NORTH 00°22'44" WEST, 171.61 FEET TO A POINT ON THE BOUNDARY OF SAID CORRECTION DEED; THENCE ALONG SAID BOUNDARY THE FOLLOWING TWO (2) COURSES: 1. SOUTH 81°12'11" WEST, 438.70 FEET TO A POINT; 2. SOUTH 85°00'54" WEST, 480.94 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID BOUNDARY OF SAID CORRECTION DEED THE FOLLOWING SIX (6) COURSES: 1. SOUTH 89049'59" WEST, 310.18 FEET TO A POINT; 2. SOUTH 88036'28" WEST, 125.11 FEET TO A POINT; 3. SOUTH 85049'53" WEST, 273.10 FEET TO A POINT; 4. NORTH 88015'34" WEST, 397.05 FEET TO A TANGENT CURVE TO THE LEFT CONCAVE SOUTHERLY; 5. WESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 1323.78 FEET, AND WHOSE LONG CHORD BEARS SOUTH 88028'30" WEST AND HAS A CHORD LENGTH OF 150.82 FEET, THROUGH A CENTRAL ANGLE OF 06031'53", FOR AN ARC LENGTH OF 150.90 FEET TO A POINT OF NON-TANGENCY; 6. NORTH 00011'45" WEST, 378.33 FEET TO A POINT ON THE BOUNDARY OF THAT CERTAIN PARCEL AS DESCRIBED AND CONVEYED AT RECEPTION No. 2008011087; THENCE ALONG SAID BOUNDARY THE FOLLOWING FOUR (4) COURSES: 1. SOUTH 85048'49" EAST, 261.10 FEET TO A POINT; 2. SOUTH 74007'37" EAST, 239.61 FEET TO A POINT; 3. NORTH 74045'04" EAST, 322.38 FEET TO A POINT; 4. NORTH 63026'29" EAST, 457.67 FEET TO A POINT ON THE SOUTH LINE OF PARCEL 102-H AS DESCRIBED AND CONVEYED IN THAT CERTAIN DEED IN BOOK 2227 AT PAGES 527-531; THENCE ALONG SAID SOUTH LINE THE FOLLOWING TWO (2) COURSES: 1. NORTH 81°02'51" EAST, 189.87 FEET TO A POINT; 2. NORTH 87001'58" EAST, 243.88 FEET TO A POINT ON THE BOUNDARY OF THAT CERTAIN RIGHT-OF-WAY AS DESCRIBED AND CONVEYED IN THAT CERTAIN SPECIAL WARRANTY DEED ON FILE AT RECEPTION No. 2007136692; THENCE ALONG THE BOUNDARY OF SAID RIGHT-OF-WAY THE FOLLOWING FIVE (5) COURSES: 1. SOUTHWESTERLY ALONG A NON-TANGENT CURVE TO THE LEFT CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 590.00 FEET, AND WHOSE LONG CHORD BEARS SOUTH 46°38'42" WEST AND HAS A CHORD LENGTH OF 276.15 FEET, THROUGH A CENTRAL ANGLE OF 27°04'05", FOR AN ARC LENGTH OF 278.73 FEET TO A POINT OF TANGENCY; 2. SOUTH 33°06'39" WEST, 57.33 FEET TO A POINT; 3. NORTH 56°53'21" WEST, 10.00 FEET TO A POINT; 4. SOUTH 33°06'39" WEST, 57.33 FEET TO A NON-TANGENT CURVE TO THE RIGHT CONCAVE NORTHWESTERLY; 5. SOUTHWESTERLY ALONG SAID CURVE, HAVING A RADIUS OF 400.00 FEET, AND WHOSE LONG CHORD BEARS SOUTH 53°13'37" WEST AND HAS A CHORD LENGTH OF 270.97 FEET, THROUGH A CENTRAL ANGLE OF 39°35'49", FOR AN ARC LENGTH OF 276.44 FEET TO A POINT OF NON-TANGENCY; THENCE LEAVING SAID BOUNDARY, SOUTH 31°38'15" EAST, 196.39 FEET TO THE POINT OF BEGINNING. CONTAINING 548,634 SQUARE FEET OR 12.595 ACRES OF LAND, MORE OR LESS. End of Legal Description. Frank M. Zwolinski, P.L.S. For and on Behalf of CLC Associates, Inc. Colorado License No. 38060 F:\2008\08-0074 - Coors Property\Survey\_Legals\ANNBX #2-revised 09-11-08.doc City of d Wh6atRjdcre ITEM NO: REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: September 22, 2008 C TITLE: RESOLUTION NO. 51-2008 - A RESOLUTION ADOPTING THE 2008 MEMORANDUM OF UNDERSTANDING (MOU) AMONG THE FOLLOWING MEMBERS OF THE JEFFERSON COUNTY EMERGENCY COMMUNICATIONS AUTHORITY: THE CITY OF WHEAT RIDGE, THE CITY OF LAKEWOOD AND THE WEST METRO FIRE PROTECTION DISTRICT, CONCERNING THE SHARED USE OF CERTAIN RECORDING SYSTEM SERVERS ❑ PUBLIC HEARING ❑ BIDS/MOTIONS ® RESOLUTIONS Quasi-judicial: ❑ YES ❑ ORDINANCES FOR 11T READING (mm/dd/yyyy) ❑ ORDINANCES FOR 2No READING (mm/dd/yyyy) Chief of olice ® NO City Manage The City of Wheat Ridge, City of Lakewood and the West Metro Fire Protection District have jointly determined that the sharing of a networked logging recorder system to record public safety radio and telephone communications would benefit each agency and the communities served from a financial and technological aspect. COMMISSION/BOARD RECOMMENDATION: NA STATEMENT OF THE ISSUES: It is common practice for public safety communication centers to record radio and telephone communications. Agencies normally maintain their own recording devices that record primary radio channels and telephone positions terminating in the center. Advances in radio and telephone technology are requiring advances in recording technology. Logging recorders now have the ability to record Voice Over Internet Protocol (Vol?), analog and digital transmissions, as well as more radio channels due to trunking and radio interoperability between agencies. Next generation E-911 will require the documentation of text messaging, video communications and GPS information. The cost of recording equipment has increased and new technology will undoubtedly increase costs significantly. Interoperability among agencies is improving every year, which is beneficial in terms of costs and services. The shared cost of this equipment is approximately $130,000. This represents a considerable cost savings compared to the costs incurred if each agency had purchased this equipment separately. Networked recording among three agencies will allow the recording of more radio channels and provide recorded radio redundancy for each agency. ALTERNATIVES CONSIDERED: Wheat Ridge could opt to request individual recording equipment to be funded by the E-911 Authority Board, which would be at a higher cost and no built in redundancy. FINANCIAL IMPACT: The Jefferson County E-911 Authority Board will purchase this equipment and pay for maintenance costs. "I move to approve Resolution No. 51-2008, a Resolution adopting the 2008 Memorandum of Understanding (MOU) among the following members of the Jefferson County Emergency Communications Authority: the City of Wheat Ridge, the City of Lakewood and the West Metro Fire Protection District, concerning the shared use of certain recording system servers." or "I move to deny the approval of Resolution No. 51-2008 for the following reasons Report prepared by: Jim Lorentz, Police Commander Report reviewed by: Dan Brennan, Chief of Police ATTACHMENTS: 1. Memorandum of Understanding Concerning Shared Use of Certain Recording System Servers 2. Staff Report 3. Resolution No. 51-2008 THIS MEMORANDUM OF UNDERSTANDING CONCERNING SHARED USE OF CERTAIN RECORDING SYSTEM SERVERS ("MOU") is entered into this - day of August, 2008 (the "Effective Date") by Jefferson County Emergency Communications Authority ("JCECA"), a governmental entity established pursuant to C.R.S. § 29-1-203, and the following members of JCETSA: the City of Lakewood ("Lakewood") and the City of Wheat Ridge ("Wheat Ridge"), each of which is a Colorado municipal corporation; and West Metro Fire Protection District "West Metro"), a Colorado special district organized pursuant to Title 32, C.R.S. Hereinafter the JCETSA members listed above may be referred to collectively as the "Members" or individually as "Member." RECITALS A. Pursuant to C.R.S. § 29-11-100.5 et seq., the Members have the authority to spend funds collected from the 9-1-1 emergency telephone charge (the "Funds") on costs directly related to the continued operation of the emergency telephone service and the emergency notification service ("9- 1-1 Services"). The Members, along with other municipalities and special districts that are not Parties to this Agreement, formed JCECA by intergovernmental agreement dated October 28, 1983 (the "JCETSA IGA"), and delegated their authority concerning the collection of the Funds and their expenditure on 9-1-1 Services to JCETSA; and B. JCECA and the Members have determined that there is a need for improving the. ability of the Members to record and perform search and replay operations on radio and telephone traffic related to the continued operation of the emergency telephone service, and to provide a long-term on-line repository for radio trunked call audio, along with high-speed access to such repository, and C. JCECA, on behalf of the Members, has contracted with NICE Systems, Inc., a Delaware corporation, to acquire such capabilities and requisite products ("Products") under the terms of a Master Purchase and Sales Agreement, and applicable Purchase Order and Statement of Work ("SOW") (collectively, "Purchase Agreements"); and D. " Under such Purchase Agreement and agreement among the Members, certain Products that will be used and accessed by Members ("Shared Products") will reside on certain premises owned by West Metro Fire Protection District; and E. The Members desire to set forth their agreements regarding the use of, and access to such Shared Products. 1 ATTACHMENT I NOW THEREFORE, IN CONSIDERATION OF THE PROMISES AND COVENANTS CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: 1. The Shared Products are: (i) NICE Inform; and (ii) Storage Center; along with the software for such Products. 2. The Shared Products shall be initially located at West Metro at 433 South Allison Parkway, Lakewood, CO 80226. 3. Each Member may use and have access, by computer and other network means from each Member's facilities, to such Shared Products, and the Members agree to reasonably coordinate and cooperate with one another regarding network and other access to such Shared Products. Each Member may physically inspect such Shared Products. 4. The Shared Products shall be maintained in accordance with the SOW. 5. If West Metro determines that it no longer wishes to house a Shared Product(s) at the above location, or any other location, it shall notify in writing the other Members prior to taking any action regarding such Shared Product(s). Upon such notification, and prior to the taking of any action by West Metro, unless otherwise agreed, the Members shall meet and discuss in good faith how to proceed regarding such Shared Product(s), i.e., relocating the Shared Product(s) to another Member's premises; consenting to the proposed relocation; coordinating with NICE regarding any such move. 6. No mandatory expenditures of any Member or JCECA are required by this MOU 7. GENERAL TERMS AND CONDITIONS A. Asiinment. No assignment of this MOU is permitted unless authorized in writing by the JCETSA. All successors in interest of a party shall be bound by this MOU. B. Dispute Resolution. In the event of a dispute, all effected parties will meet in good faith to solve the dispute. In the event this process is not successful, all avenues provided by law or equity will be available. C. Amendments. This MOU may be amended or modified only by a written instrument signed by authorized representatives of all parties. F. Severability. If any of the provisions of this MOU shall be invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable the entire MOU but rather the entire MOU shall be construed as if not containing the particular invalid or unenforceable provision or provisions, and the rights and obligations of the party shall be construed and enforced accordingly to effectuate the essential intent and purposes of this MOU. 2 G. Governing Law and Venue. This MOU shall be construed in accordance with, and its performance governed by, the laws of the State of Colorado. Any legal action concerning the provisions hereof shall be brought in Jefferson County, Colorado. H. Execution in Counterparts. This MOU may be executed in one or more counterparts, including by facsimile, which will be effective as original agreements of the Parties executing the counterpart. I. Governmental Immunity. JCETSA and the Members, their officers, and their employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations (presently one hundred fifty thousand dollars ($150,000) per person and six hundred thousand dollars ($600,000) per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to JCETSA and the Members and their officers or employees. L. No Multiple Fiscal Year Obligation. Because the Members have no obligation to make financial contributions to JCETSA or any other third party under the terms of this MOU, nothing herein shall constitute a multiple fiscal year obligation pursuant to Colorado Constitution, Article X, Section 20. IN WITNESS WHEREOF, the parties have authorized and caused their duly authorized representatives to sign THIS MEMORANDUM OF UNDERSTANDING CONCERNING SHARED USE OF CERTAIN RECORDING SYSTEM SERVERS as of the Effective Date. (JQ TO erson County mergency ommunications Authority Its: City of Lakewood By: City of Wheat Ridge West Metro Fire Protection District By: By:, City of Wheatfidge POLICE DEPARTMENT Memorandum TO: Mayor Jerry DiTullio, and City Council THROUGH: Randy Young, City Manager Daniel G. Brennan, Chief of Police FROM: Jim Lorentz, Division Commander Support Services Division DATE: September 12, 2008 SUBJECT: Staff Report - MOU Shared Logging Recorder Server EXECUTIVE SUMMARY: The police department maintains a logging recorder that records certain police and fire radio channels and telephone lines that come into the communications center. These recordings are retained for a period of time for liability and evidence. The lifetime of these recorders is from three to five years, mostly due to technology advances in recorders to handle new radio and telephone technology and also new advances in communication in general, such as texting, GPS, VoIP and video. The Jefferson County Emergency Communications Authority (JCECA) funds recording devices for the 10 public safety dispatch centers in Jefferson County with funds received from telephone surcharges for E-911. Funding individual recorders for 10 separate agencies can be very expensive. Currently, Wheat Ridge has in place network connectivity between West Metro Fire and the City of Lakewood. This network will allow the three agencies to combine and share current radio and telephone recording capability as well as future media technology. The costs of a recording system will be reduced by over $130,000.00, the ability to record additional radio channels will increase, as well as redundancy in radio recordings. The JCECA will completely fund this project including future maintenance costs. STATEMENT OF THE ISSUES: It is common practice for public safety communication centers to record radio and telephone communications. Agencies normally maintain their own recording devices that record primary radio channels and telephone positions terminating in the center. ATTACHMENT 2 Advances in radio and telephone technology are requiring advances in recording technology. Logging recorders now have the ability to record Voice Over Internet Protocol (VoIP), analog and digital transmissions, as well as more radio channels due to trunking and radio interoperability between agencies. Next generation E-911 will require the documentation of text messaging, video communications and GPS information. The cost of recording equipment has increased and new technology will undoubtedly increase costs significantly. Interoperability among agencies is improving every year, which is beneficial in terms of costs and services. The shared cost of this equipment is approximately $130,000. This represents a considerable cost savings compared to the costs incurred if each agency had purchased this equipment separately. Networked recording among three agencies will allow the recording of more radio channels and provide recorded radio redundancy for each agency. FINANCIAL IMPACT (Relative Facts): No financial impact to the city. Entire project is funded through the E911 Authority, including the future maintenance of the equipment. ALTERNATIVES CONSIDERED: Replace the Wheat Ridge recording system in two to three years. Funds may or may not be available for such a project in the future. RECOMMENDATION: Staff recommends that the City of Wheat Ridge enter into this Memorandum of Understanding with the Jefferson County Emergency Communications Authority, West Metro Fire Protection district, and the City of Lakewood, to purchase logging recorder equipment, at no cost to the City of Wheat Ridge. Prepared by Jim Lorentz CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 51-2008 Series of 2008 TITLE: A RESOLUTION ADOPTING THE 2008 MEMORANDUM OF UNDERSTANDING (MOU) AMONG THE FOLLOWING MEMBERS OF THE JEFFERSON COUNTY EMERGENCY COMMUNICATIONS AUTHORITY: THE CITY OF WHEAT RIDGE, THE CITY OF LAKEWOOD AND THE WEST METRO FIRE PROTECTION DISTRICT, CONCERNING THE SHARED USE OF CERTAIN RECORDING SYSTEM SERVERS WHEREAS, the City Council finds that the City of Wheat Ridge, City of Lakewood and the West Metro Fire Protection District have jointly determined that the sharing of a networked logging recorder system to record public safety radio and telephone communications would benefit each agency and the communities served from a financial and technological aspect; and WHEREAS, networked recording among three agencies will allow the recording of more radio channels and provide recorded radio redundancy for each agency; and WHEREAS, the Jefferson County Emergency Communications Authority will purchase this equipment and provided it as a shared, networked system for the City of Wheat Ridge, the City of Lakewood, and the West Metro Fire Protection District, at no cost to the agencies, included future maintenance expense; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: The City Council authorizes signing the 2008 Memorandum of Understanding (MOU) among the following members of the Jefferson County Emergency Communications Authority; the City of Wheat Ridge, The City of Lakewood, and the West Metro Fire Protection District, concerning the shared use of certain recording system servers. DONE AND RESOLVED THIS day of 2008. Jerry DiTullio, Mayor ATTEST: Michael D. Snow, City Clerk ATTACHMENT 3 ♦~A City of ~WheatWidge ITEM NO: A REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: September 22, 2008 TITLE: RESOLUTION NO. 52-2008 - A RESOLUTION APPROVING AN AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN JEFFERSON COUNTY, THE CITY OF ARVADA, THE CITY OF LAKEWOOD, THE CITY OF WHEAT RIDGE, THE CITY OF GOLDEN, AND THE CITY OF WESTMINSTER FOR THE IMPLEMENTATION OF A COUNTY-WIDE DOG LICENSING PROGRAM ❑ PUBLIC HEARING ❑ ORDINANCES FOR 11T READING (mm/dd/yyyy) ❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING (mm/dd/yyyy) ® RESOLUTIONS Quasi-judicial: ❑ YES -0 Deputy City Manager ® NO l~`~-YcAY`Gp City Manag EXECUTIVE SUMMARY: Authorizing an amendment to an intergovernmental agreement dated June 20, 2007, entitled an Intergovernmental Agreement between Jefferson County, the City of Arvada, the City of Lakewood, the City of Wheat Ridge, the City of Golden, and the City of Westminster for the Implementation of a County-wide Dog Licensing Program (the "Agreement") to provide for all dog licensing funds to be used for the construction, operation, maintenance and replacement of a new Table Mountain Animal Center ("TMAC") facility or for the capital improvements or maintenance of the current facility. COMMISSION/BOARD RECOMMENDATION: The Animal Welfare and Control Commission recommends the proposed amendment. STATEMENT OF THE ISSUES: The Agreement provided for the county-wide licensing of dogs and provided that the fees paid by the dog owners would be placed in a County Dog Licensing Fund. The monies in the Fund are to be used in the following manner: 1. For the County's administrative cost to operate the dog licensing program; 2. For additional funds to be used for the construction of a new facility for Table Mountain Animal Center ("TMAC") or for capital improvements or maintenance of the current TMAC facility; 3. For certain excess funds to be dispersed by the County to the participating jurisdictions. The participating jurisdictions agreed that each jurisdiction and its residents should contribute toward the fanding of the TMAC in equal proportion to the number of dogs in its jurisdiction. The provisions in the Agreement that provide for certain excess funds to be dispersed by the County to the participating jurisdictions will be deleted in order that all funds, except for those funds used for the County's administrative costs to operate the dog licensing program, will be utilized for the construction, operation, maintenance and replacement of a new TMAC facility or fund capital improvements or maintenance of the current TMAC facility. ALTERNATIVES CONSIDERED: None FINANCIAL IMPACT: i The City of Wheat Ridge's reimbursement for the fiscal year of July 1, 2007 to June 20, 2008 is $6,840. If the proposed amendment is approved, these funds will remain in the County Dog Licensing Fund. "I move to approve Resolution No. 52-2008 - A Resolution Approving an Amendment to the Intergovernmental Agreement between Jefferson County, the City of Arvada, the City of Lakewood, the City of Wheat Ridge, the City of Golden, and the City of Westminster for the Implementation of a County-Wide Dog Licensing Program." or "I move to deny the approval of Resolution No. 52-2008 for the following reason(s) Report Prepared by: Patrick Goff, Deputy City Manager Report Reviewed by: Randy Young, City Manager ATTACHMENTS: 1. Resolution No. 52-2008 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 52-2008 TITLE: A RESOLUTION APPROVING AN AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN JEFFERSON COUNTY, THE CITY OF ARVADA, THE CITY OF LAKEWOOD, THE CITY OF WHEAT RIDGE, THE CITY OF GOLDEN, AND THE CITY OF WESTMINSTER FOR THE IMPLEMENTATION OF A COUNTY-WIDE DOG LICENSING PROGRAM WHEREAS, the City of Wheat Ridge entered into an Agreement dated June 20, 2007, entitled an Intergovernmental Agreement between Jefferson County, the City of Arvada, the City of Lakewood, the City of Wheat Ridge, the City of Golden, and the City of Westminster for the Implementation of a County-wide Dog Licensing Program (the "Agreement"); and WHEREAS, the Agreement provided for, among other things, the collection of dog licensing fees to be used in the following manner: 1. For the County's administrative cost to operate the dog licensing program; 2. For additional funds to be used principally for the construction of a new facility for Table Mountain Animal Center ("TMAC") or for capital improvements or maintenance of the current TMAC facility; 3. For certain excess funds to be dispersed by the County to the participating jurisdictions; and WHEREAS, the participating jurisdictions wish to amend the Agreement to provide that, except for the County's administrative cost to operate the dog licensing program, the dog licensing fees shall be used for the construction, operation, maintenance and replacement of a new facility for Table Mountain Animal Center ("TMAC") or for capital improvements or maintenance of the current TMAC facility; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, that: SECTION 1. The City Manager is authorized to execute and the City Clerk to attest an Amendment to the Agreement, in form approved by the City Attorney, for the purpose of providing that dog licensing fees, except for the County's administrative cost to operate the dog licensing program, shall be used for the construction, operation, maintenance, and replacement of a new facility for TMAC or for capital improvements or maintenance of the TMAC current facility. DONE AND RESOLVED THIS DAY SEPTEMBER 22, 2008. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk City of ~W heatWddge ITEM NO: REQUEST FOR CITY COUNCIL ACTION II~~►~II COUNCIL MEETING DATE: September 22, 2008 TITLE: APPROVAL OF AWARD ITB-08-34 - EMERGENCY /i E. WARNING SYSTEM IN THE TOTAL AMOUNT NOT-TO- EXCEED $103,898.98 ❑ PUBLIC HEARING ® BIDS/MOTIONS ❑ RESOLUTIONS ❑ ORDINANCES FOR 1sT READING (mm/dd/yyyy) ❑ ORDINANCES FOR 2ND READING (mm/dd/yyyy) Quasi-judicial: ❑ YES Director of P lic Works EXECUTIVE SUMMARY: ® NO City Manage The Emergency Waring System will provide for a stand alone mass notification voice and siren system throughout the City. This project is the first phase to install an outdoor communication system to notify the citizens of an emergency. This project phase will cover the critical area which includes all of Lena Gulch and the western portion of Clear Creek flood plains. The future phases will cover other areas of the City to provide coverage of the entire City. On August 26, 2008, two (2) bids were received. Both firms met the initial bid requirements. The apparent low bidder was Washington Electronics, Kansas in the total base bid amount of $38,992.91. However, they did not include installation, pole, and other costs in their base bid. The apparent second low bidder was AV-TECH Electronics, Inc., Wheat Ridge, CO, in the total base bid amount of $55,508.84. They met all the requirements. References were checked. Staff negotiated pricing to add Option A, B and Change Order #1 for an additional siren. Total amount is within budget and provides cost savings. Staff recommends award to the lowest responsible and responsive bidder, AV-TECH Electronics, Inc. in the amount of $103,898.98. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: Bids for the Emergency Warning System, #M-02-08, were opened on July 1, 2008. Two (2) bids were received. The bids were comprised of three parts: Base Bid, Option A and Option B. The base bid provides for the control station and 3 sirens along Lena Gulch. Option A will provide a fourth siren along Clear Creek near Youngfield Avenue. Option B will provide a fifth siren expanding the Clear Creek coverage to Prospect Park. The base bids ranged from $55,508.84 to $68,531.00 and Options A and B ranged from $15,994.62 to $21,072.92 and from $18,619.62 to $26,392.92 respectively. The Engineer's Estimate for the base bid, Option A and Option B were $72,800.00, $20,600.00 and $26,450.00 respectively. The combination of the base bid and both options is well under budget for the project. As a result, staff has successfully negotiated with AV-TECH Electronics, Inc. for one additional siren to the project to further expand the coverage area along Clear Creek to Anderson Park. In addition, staff conducted project value engineering and reduced the project cost by using somewhat shorter siren poles and eliminated unnecessary interface boards. The cost for the sixth siren is $17, 582.12 and the cost savings from eliminating the interface boards and using alternative poles is $ (3,806.22). The cost for the additional siren and the value engineering project savings will be provided by Change Order No. 1 to the contract. The total contract amount recommended for approval consists of: Base bid $55,508.84 Option A 15,994.62 Option B 18,619.62 Change Order No. 1 13,775.90 TOTAL $103,898.98 A 10% contingency amount of $10,389.90 is requested for the cost of other items related to the project. ALTERNATIVES CONSIDERED: No award and Emergency Warning System installation will not be accomplished. FINANCIAL IMPACT: Funding for this program has been approved as the Emergency Warning System line item of the 2008 Capital Improvement Program budget in the amount of $124,128.00. "I move to award ITB-08-34, Emergency Warning System to AV-TECH Electronics, Inc., Golden, Colorado in the amount of $103,898.98. I further move to approve Change Order No. 1 to ITB-08-34 in the amount of $13,775.90. I further move that a contingency amount of $10,389.90 be established. I further move that the Director of Public Works be authorized to issue change orders up to a total contract and contingency amount of $114,288.88. I further move that all costs associated with this contract be paid from account number 30-610- 800-814, and that these funds be encumbered for the length of the project in accordance with Ordinance #787, 1989 Series." or "I move to deny award of ITB-08-34, Emergency Warning System for the following Report Initiated by: Steve Nguyen, Engineering Manager Report Prepared by: Tim Paranto, Director of Public Works Reviewed by: Linda Trimble, Purchasing Agent ATTACHMENTS: 1. Bid Tabulation Sheet 2. Project Map 3. Change Order No. 1 W pZ W 2M 'SQ LL. Op U 00 a o: U d a~i ~ E E o ~ > m o > m f ~ Z Z N I W a c of r L `$U a Q . O c!) O 2 ti W Wpj °W W z T a J a co ❑ ? o M r 80 z 2 ' Q N w W oc a m m m a O. a W N en y p Z Z d' U Z oa C) w m W 1- U W O w a 6 ? ~ CIS V ~ W ~ p J d J 10 h Z ~ CO ~ O D LLI ~ p U z LL LL LU -j Q Q c) Of ❑ LLI F- c) J O O ° d O O Of Z W 0 F Q o U ¢ O O of o a to L- O -i Z m O o O U Q O O a a z Z F W Y O v N U O ❑ O_ > O N J Z U J L0 Q CO _ m m 0 9 d t N a F a m 0 m N H Z W V Q H H Q City of Wheat l dcre PUBLIC WORKS CONTRACT CHANGE ORDER Project No: M-02-08 Change Order No: 1 Project Title: Emergency Warning System Contractor: AV-TECH Electronics, Inc. The following changes are hereby made to the CONTRACT DOCUMENTS: Item # Pay Item uanti Unit Unit Price Extension Siren 6 (2nd Option B) 1 Each $ 17,582.12 $ 17,582.12 Class 2 Pole 6 Each $ (210.00) $ (1,260.00) C202OLL Interface Board 6 Each $ (424.37) $ (2,546.22) Total $ 13,775.90 Justification: 1. The original contract amount was low enough to allow the inclusion of the three sirens in the base bid, the two sirens in each option and the addition of a sixth siren. 2. The size of the poles was reduced from a Class 1 to a Class 2 based on evaluation of the number of speakers for the proposed installation. 3. The interface board was not needed based on clarification received from Lakewood IT. 4. The delivery time on the equipment is 10 to 12 weeks so the contract time was increased by 20 working days. CHANGE to CONTRACT AMOUNT: Original Contract Amount: Additions by Prior Change Orders: Deletion by Prior Change Orders: Net Additions/Deletions by Prior Change Orders: Change in Percent of Original Contract Amount (Prior Change Orders): Net Contract Amount (Prior to this Change Order): Amount of this Change Order: New Contract Amount (Including this Change Order): New Change in Percent of the Original Contract Amount: Net Change in Percent of the Original Contract Amount: $ 90,123.08 $ 0.00 $ 0.00 $ 0.00 0% $ 90,123.08 $ 13,775.90 $ 103,898.98 15% 15% Page 1 of 2 CONTRACT CHANGE ORDER CHANGE to CONTRACT TIME: Original Contract Working Days: 60 Increase of Working Days by Prior Change Orders: 0 Decrease of Working Days by Prior Change Orders: (0) Net Increase/Decrease in Working Days by Prior Change Orders: 0 Total Contract Working Days (Prior to this Change Order): 60 Increase of Working Days by this Change Order: 20 Decrease of Working Days by this Change Orders: (0) Net Increase/Decrease in Working Days by this Change Order: 20 Total Contract Working Days (Including this Change Order): 80 The Date for Completion of All Work is Now: NA The Contractor accepts all terms and conditions of this Change Order as full and complete settlement of all Claims associated with this Contract and waives any and all other claims for increase in Contract Amount or extension of Contract Time. Prepared by Date 7-/l-014 Inspector/Engineer Approval Recommended by: Date rj E gineeing Man g Approval: Gz Date Public Works Director The undersigned Contractor agrees to the changes made by this Change Order. Company: .14V-7EM E46! T AJIC5 IAU(~- Date ?.Z1---2.L08 Contractor: Title: Y9- C;g( ()Ir- 1 ~L7 . Page 2 of 2 City of _ 7WheatR,ijge ITEM NO: Z~' REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: September 22, 2008 TITLE: COUNCIL BILL NO. 17-2008 - AN ORDINANCE PROVIDING FOR THE APPROVAL OF CHANGE OF ZONING FROM RESIDENTIAL-ONE (R-1) AND AGRICULTURE-ONE (A-1) TO PLANNED RESIDENTIAL DEVELOPMENT AND FOR APPROVAL OF AN OUTLINE DEVELOPMENT PLAN FOR PROPERTY LOCATED AT 11885 W. 38TH AVENUE (CASE NO. WZ-07-06/ASHTON WOODS HOMES/DOUD OVERLOOK ❑ PUBLIC HEARING ❑ BIDS/MOTIONS ❑ RESOLUTIONS ® ORDINANCES FOR 1sT READING (09/22/2008) ❑ ORDINANCES FOR 2' READING (10/13/2008) Quasi-judicial: ® YES ommumty Dev 1 pment ctor EXECUTIVE SUMMARY: ❑ NO `y~s-~1C9 Vn~-P City Manag The applicant requests approval of a change of zoning from R-1 and A-1 to Planned Residential Development and for approval of an Outline Development Plan (ODP). The subject property is located at 11885 W. 38 Avenue. The purpose of the zone change is for construction of 53 single family homes. This application has been processed following the new Outline Development Plan procedure of providing more graphic and written information up front. No Final Development Plan is required for single family PRD's but if the zone change is approved, a subdivision plat document must be approved through a public hearing process. The Planning Commission gave a recommendation of approval with conditions at a public hearing held on September 4, 2008. COMMISSION/BOARD RECOMMENDATION: This case was reviewed by Planning Commission at a public hearing held on September 4, 2008. A recommendation of approval was given for the following reasons: 1 A change in the character of the area has occurred due to adjacent properties having been rezoned and/or subdivided and developed with single family homes. 2. The rezoning is compatible with surrounding zoning and land uses and while slightly over the density recommendation on the Future Land Use map, is consistent with the goals and objectives of both the Comprehensive Plan and Neighborhood Revitalization Strategy. 3. Adequate infrastructure will be constructed as a result of development. There will be further benefit to the area with the upgrade of the sanitary sewer main line east of the property. 4. The change in zone will not adversely affect the public health, safety or welfare. With the following conditions: 1. The developer continue working with Jefferson County Open Space regarding design of the storm drainage channel to Clear Creek and easement procurement. 2. At the time of final plat, the property be assessed for fees in lieu of parkland dedication based on the anticipated value of the land after land entitlements have been approved and subdivision improvements have been installed. There were numerous persons who attended and spoke regarding the application. A copy of the September 4, 2008 Planning Commission minutes will be included with the packet for second reading. STATEMENT OF THE ISSUES: There has been a great deal of discussion regarding the Comprehensive Plan designation for this property. The future land use map designates desirable density for the site as four single family dwelling units per acre. The proposed net density is 4.5 units per acre. For strict compliance with the desirable targeted density, the number of units would have to be reduced to 47 units. Staff and the Planning Commission have found the proposed development to be consistent with other goals identified in the Comprehensive Plan and the Neighborhood Revitalization Strategy for updating the City's existing housing stock and the development of new housing which will attract strong households. Much of the discussion at Planning Commission related to the desire for construction of a public trail from the northern property line down the slope into the Clear Creek greenbelt open space. Property ownership currently stops at the top of the slope just to the north of the existing house. The slope has a 60' grade change from the top to the toe of the slope. The existence of the Ute Lady Tresses orchid which is a federally protected plant species, numerous underground springs and wetlands at the bottom of the slope have rendered construction of a trail impratical. The Parks and Recreation Commission has recommended that fees in lieu of parkland dedication or off-site trail construction be required. ALTERNATIVES CONSIDERED: Do not approve request. FINANCIAL IMPACT: One-time fees for the zone change were submitted with the application. If the zone change is approved, a fee will be required for the processing of a subdivision plat. There will also be a one- time payment of fees in lieu of parkland dedication. The amount will be based on the anticipated value of the land after land entitlements have been approved and subdivision improvements have been installed. This valuation will be determined by a certified appraiser, the cost of which will be born by the applicant. It has also been estimated by the Chief Building Official that based on the 53 proposed units, around $840,000 will be generated by building permit fees, building permit plan review fees and use tax. The City will received property tax revenues generated by the improvements on the property. "I move to approve Council Bill No. 17-2008, Case No. WZ-07-06, a request for approval of a zone change from Residential-One (R-1) and Agriculture-One (A-1) to Planned Residential Development and for approval of an Outline Development Plan for property located at 11885 W. 38th Avenue, on first reading, ordered published, public hearing set for October 13, 2008." or "I move to deny the approval of Council Bill No. 17-2008 for the following reasons: " Report prepared by: Sally Payne, Senior Planner Report reviewed by: Ken Johnstone, Director of Community Development ATTACHMENTS: Council Bill No. 17-2008 INTRODUCED BY COUNCIL MEMBER Council Bill No. 17-2008 Ordinance No. Series of 2008 TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF A CHANGE OF ZONING FROM RESIDENTIAL-ONE (R-1) AND AGRICULTURE-ONE (A-1) TO PLANNED RESIDENTIAL DEVELOPMENT AND FOR APPROVAL OF AN OUTLINE DEVELOPMENT PLAN FOR PROPERTY LOCATED AT 11885 W. 38TH AVENUE (CASE NO. WZ-07-06/ASHTON WOODS HOMES) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. Upon application by Ashton Woods Homes, approval of a change of zoning from Residential-One (R-1) and Agriculture-One (A-1) to Planned Residential Development and for approval of an Outline Development Plan for property located at 11885 W. 38`h Avenue and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a change of zoning is approved for the following described land: A TRACT OF LAND LOCATED IN THE SOUTHEAST ONE-QUARTER 20 AND THE NORTHEAST ONE-QUARTER OF SECTION 29, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO DESCRIBED AS FOLLOWS: COMMENCING AT THE ONE-QUARTER CORNER COMMON TO SAID SECTIONS 20 AND 29; THENCE N.89E22'34"E, ALONG THE LINE BETWEEN SECTIONS 20 AND 29 A DISTANCE OF 1,348.72 FEET TO A POINT 15.00 FEET EAST OF THE NORTHWEST CORNER OF THE WEST ONE-HALF OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER (W ONE-HALF SE ONE-QUARTER SE ONE-QUARTER) OF SAID SECTION 20 AND THE TRUE POINT OF BEGINNING; THENCE N.OOE19'54"W. ALONG THE EAST LINE OF THE WEST 15.00 FEET OF THE W ONE-HALF SE ONE-QUARTER SE ONE-QUARTER A DISTANCE OF 814.12 FEET TO A POINT ON THE SOUTHERLY LINE OF THAT TRACT OF LAND DESCRIBED IN BOOK 2325 AT PAGE 309 OF THE RECORDS OF THE OFFICE OF THE JEFFERSON COUNTY CLERK AND RECORDER; THENCE EASTERLY ALONG SAID SOUTHERLY LINE THE FOLLOWING SIX COURSES AND DISTANCES: 1. N.63E13'44"E. A DISTANCE OF 44.49 FEET; 2. N.83E15' 13"E. A DISTANCE OF 149.96 FEET; 3. N.79E21'51"E. A DISTANCE OF 46.91 FEET; ATTACHMENT 1 4. N.82E19'26"E. A DISTANCE OF 41.41 FEET; 5. S.86E47' 19"E. A DISTANCE OF 81.84 FEET; 6. N.70E22'28"E. A DISTANCE OF 289.81 FEET TO A POINT ON THE WESTERLY LINE OF THAT TRACT OF LAND DESCRIBED IN RECEPTION NUMBER F0633461 OF THE RECORDS OF THE OFFICE OF THE JEFFERSON COUNTY CLERK AND RECORDER; THENCE S.33E47' 16"E. A DISTANCE OF 36.11 FEET TO A POINT ON THE EAST LINE OF THE WEST ONE-HALF OF THE SOUTHEAST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER (W ONE-HALF SE ONE-QUARTER SE ONE-QUARTER); THENCE S.OOE22'21"E. ALONG SAID EAST LINE A DISTANCE OF 921.63 FEET TO THE SOUTHEAST CORNER OF SAID W ONE-HALF SE ONE-QUARTER SE ONE-QUARTER OF SAID SECTION 20, THENCE S.OOE41'00"E. ALONG THE EAST LINE OF THE WEST ONE- HALF OF THE NORTHEAST ONE-QUARTER OF THE NORTHEAST ONE- QUARTER (W ONE-HALF NE ONE-QUARTER NE ONE-QUARTER) OF SAID SECTION 29 A DISTANCE OF 76.46 FEET TO A POINT WHICH LIES 70.00 FEET NORTHERLY FROM THE SOUTH RIGHT-OF-WAY LINE OF WEST 38TH AVENUE AS SHOWN ON THE PLAT OF APPLEWOOD RIDGE, A SUBDIVISION RECORDED IN THE OFFICE OF THE JEFFERSON COUNTY CLERK AND RECORDER AT PLAT BOOK 73 AT PAGE 7; THENCE S.80E07' 13"W. PARALLEL WITH AND 70.00 FEET DISTANT FROM SAID SOUTH RIGHT-OF-WAY LINE A DISTANCE OF 660.29 FEET TO A POINT ON THE EAST LINE OF THE WEST 15.00 FEET OF THE W ONE-HALF NE ONE-QUARTER NE ONE-QUARTER OF SAID SECTION 29; THENCE N.OOE42'08" W. ALONG SAID EAST LINE A DISTANCE OF 182.66 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING AN AREA OF 15.017 ACRES, MORE OR LESS. Section 2. Vested Property Rights. Approval of this change of zoning and Outline Development Plan 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. If any clause, sentence, paragraph, or part of this Zoning Code or the application thereof to any person or circumstances shall for any reason be adjusted by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. 2 Section 5. Supersession Clause. If any provision, requirements or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in existence as of the date of adoption of this Ordinance, the provisions, requirements and standards here shall supersede and prevail. Section 6. This Ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this _ day of , 2008, 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 , 2008, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to ,this day of 2008. SIGNED by the Mayor on this day of 12008. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Approved as to form by City Attorney Gerald Dahl, City Attorney 1 A publication: 2 publication: Wheat Ridge Transcript Effective Date: s1/~ City of NATheatRdge ITEM NO: REQUEST FOR CITY COUNCIL ACTION X11 /~4i 'M$ 14 R COUNCIL MEETING DATE: September 22, 2008 TITLE: RESOLUTION NO. 53-2008 - A RESOLUTION AMENDING THE FISCAL YEAR 2008 CAPITAL INVESTMENT PROGRAM FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN AN AMOUNT OF $77,300 AND APPROVING THE AWARD OF RFP-08-31 KIPLING CORRIDOR BLIGHT STUDY, AS AMENDED, TO MATRIX DESIGN GROUP, INC. IN A NOT-TO-EXCEED AMOUNT OF $1279300 FOR THE PURPOSES OF CONDUCTING A CONDITIONS SURVEY OF THE I-70 CORRIDOR AND THE KIPLING CORRIDOR AND AN URBAN RENEWAL PLAN FOR THE YOUNGFIELD STREET/HIGHWAY 58 CORRIDOR ❑ PUBLIC HEARING ❑ BIDS/MOTIONS ® RESOLUTIONS ❑ ORDINANCES FOR 1sT READING (mm/dd/yyyy) ❑ ORDINANCES FOR 2ND READING (mm/dd/yyyy) Quasi-judicial: ❑ YES On +1 1 . L kd Deputy City Manager EXECUTIVE SUMMARY: ® NO L:F - r cp City Mana On May 12, 2008, City Council approved a supplemental budget appropriation in the amount of $50,000 to conduct a conditions survey of the Kipling Street Corridor in Wheat Ridge. On July 22, 2008 four (4) proposals were received for the conditions survey. The evaluation committee reviewed and scored all proposals. The number one firm was Matrix Design Group. An interview was conducted with this group only. During contract negotiations and scope of services refinement, staff received direction from the City Manager's Office to extend the scope of services to include a conditions survey of the entire I-70 Corridor which includes the future Cabela's location and light rail stop and the Applewood Shopping Center and an urban renewal plan for the Youngfield Street/Highway 58 area. Matrix Design Group provided a revised scope of work, schedule and budget (attached) for the extended scope of services. The proposed budget for Part 1 - the I-70 Corridor and Kipling Corridor Conditions Surveys is $35,430. The proposed budget for Part 2 - Blight Analysis and Reporting for up to three study areas is $23,280. The proposed budget for Part 3 - Youngfield/Highway 58 Urban Renewal Plan is $24,690. Public outreach and education, environmental data collection and reimbursable total $43,900 for a total not to exceed project budget of $127,300. A supplemental budget appropriation in the amount of $77,300 is required to conduct all parts of this study. Staff recommends award to Matrix Design Group, Inc. Award is based on qualifications, experience, approach, references and pricing for a total project cost of $127,300. COMMISSION/BOARD RECOMMENDATION: None STATEMENT OF THE ISSUES: The Urban Renewal Law of Colorado (§31-25-101 et seq C.R.S.) authorizes the analysis and consideration of factors within the City of Wheat Ridge to determine if blight exists within certain area of the City to utilize the provisions of the Urban Renewal Law to eliminate and prevent blight and to develop and/or redevelop such areas for the economic and social well being and public health, safety and welfare of the community. The Wheat Ridge Urban Renewal Authority (WRURA) was established by the City Council in 1977 to identify and eliminate blight within the City. The final results of the studies will be presented to City Council to make a final determination if blight exists within the vicinity of the study areas. ALTERNATIVES CONSIDERED: None FINANCIAL IMPACT: City Council approved a budget of $50,000 for the Kipling Corridor 'conditions survey on May 12, 2008. The final budget as presented by Matrix Design Group for this survey is $35,620. The revised budget for the entire project is $127,300. The requested supplemental budget appropriation is $77,300. There are adequate funds available in the Capital Investment Program Fund undesignated reserves to pay for this supplemental budget request. "I move to approve Resolution No. 53-2008 - A Resolution Amending the Fiscal Year 2008 Capital Investment Program Fund Budget to Reflect the Approval of a Supplemental Budget Appropriation in an Amount of $77,300 and Approving the Award of RFP-08-31 Kipling Corridor Blight Study as Amended to Matrix Design Group, Inc. in the not-to-exceed Amount of $127,300." or "I move to postpone indefinitely Resolution No. 53-2008 for the following reasons: Report Prepared by: Patrick Goff, Deputy City Manager Report Reviewed by: Randy Young, City Manager Linda Trimble, Purchasing Agent ATTACHMENTS: 1. Resolution No. 53-2008 2. Revised Scope of Work, Schedule, and Budget 3. Bid Tab Sheet CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 53-2008 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2008 CAPITAL INVESTMENT PROGRAM FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN AN AMOUNT OF $77,300 AND APPROVING THE AWARD OF RFP-08-31 HIPLING CORRIDOR BLIGHT STUDY, AS AMENDED, TO MATRIX DESIGN GROUP, INC. IN A NOT-TO- EXCEED AMOUNT OF $127,300 FOR THE PURPOSES OF CONDUCTING A CONDITIONS SURVEY OF THE I-70 CORRIDOR AND THE HIPLING CORRIDOR AND AN URBAN RENEWAL PLAN FOR THE YOUNGFIELD STREET/HIGHWAY 58 CORRIDOR WHEREAS, the Urban Renewal Law of Colorado (§31-25-101 et seq C.R.S.) authorizes the analysis and consideration of factors within the City of Wheat Ridge to determine if blight exists within certain areas of the City to utilize the provisions of the Urban Renewal Law to eliminate and prevent blight and to develop and/or redevelop such areas for the economic and social well being and public health, safety and welfare of the community; and WHEREAS, City Council is desirous of such analysis to be undertaken to determine whether factors of blight exist within the vicinity of the Kipling Corridor; and WHEREAS, the scope of services of the study was amended to include the I- 70/Highway 58 Corridor; and WHEREAS, twenty percent of the City's Lodger's Tax in the Capital Investment Program Fund Budget is to be used for redevelopment and public improvements within the City; and WHEREAS, a supplemental budget appropriation is necessary for the increased scope of services and the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a Resolution; NOW THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. Award of RFP-08-31 Kipling Corridor Blight Study, as amended, to Matrix Design Group, Inc. is hereby approved; and Section 2. The City of Wheat Ridge fiscal year 2008 Capital Investment Program Fund Budget be amended accordingly, specifically transferring $77,300 from Capital Investment Program undesignated reserves to account 30-610-700-725. ATTACHMENT 1 DONE AND RESOLVED this day of 2008. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk 2 Revised Scope of Work, Schedule, and Budget - Wheat Ridge Urban Renewal Authority - September 16, 2008 SCOPE OF WORK: Part 1: Consolidated Study Area Conditions Survey Task 1: Project Kick-off and Base Mapping The consultant team will gather GIS and other city data relating to all parcels within the Consolidated Study Area and prepare project base maps and parcel-level databases. Task 2: Blight Field Survey and Data Collection The consultant team will conduct a thorough parcel-by-parcel field reconnaissance and initiate city-department data collection for conditions of blight within the Consolidated Study Area. Task 3: Environmental Contamination Data Collection In order to survey for conditions potentially meeting the Environmental Contamination blight factor, the consultant team will obtain an Environmental Data Resources risk report covering the entire Consolidated Study Area. This EDR report will identify sites at which an environmental spill or release of some kind has been reported. The consultant team will review the results of this report and identify up to ten (10) sites that it believes warrant additional investigation. For each site identified, the consultant team will contact the government agency to which the release or spill was reported, review the reports and documents available, and make a determination as to whether or not the site can be considered as meeting the Environmental Contamination blight factor. For each site reviewed, regardless of the blight determination, a summary of the consultant team's document review of the site's environmental issues will be prepared and provided to the city in a memorandum. For those sites that do meet the blight criteria, the summary of that site's environmental issues will be incorporated into the Conditions Survey report for the Individual Study Area in which the site is located (see Task 6). Portions of this task will be billed on a Time and Materials basis with a stated Not-To- Exceed amount. Task 4: Preliminary Blight Findings The consultant team will prepare a "Blight Factor Count by Parcel Map" for the entire Consolidated Study Area and other tables, lists, or maps of the preliminary blight findings that are necessary to complete Task 5. Task 5: Recommended Urban Renewal Area Boundaries Taking into consideration the preliminary blight findings from Task 4 as well as general market, economic, and tax revenue data, the consultant team will make a recommendation regarding: a.) whether the Consolidated Study Area should be divided into two or three Urban Renewal Areas and, b.) the exact boundaries for those two or three proposed Urban Renewal Areas. The rationale and supporting data for the Urban Renewal Area division/ boundary recommendation will be documented in a memorandum to the city prepared by the consultant team. Revised Scope of Work, Schedule, and Budget - Wheat Ridge Urban Renewal Authority - September 16, 2008 Part 2: Individual Study Area Conditions Surveys Task 6: Individual Study Area Blight Analysis and Reporting The consultant team will reorganize the parcel-level blight conditions data from the Consolidated Study Area into the two or three Individual Study Areas as determined in Task 5. For each Individual Study Area, the consultant team will prepare a draft Conditions Survey report to document and illustrate the various blight factors present within that area. The consultant team will deliver thirty (30) printed and bound copies of each draft blight study report for review by the client and its representatives. Upon receipt of comments by client representatives, the consultant team will revise each draft report and prepare a final Conditions Survey report document. The final report document will be formatted in a manner suitable for inclusion into an urban renewal plan, if adopted in the future. One high-quality camera-ready original of the document, as well as electronic version on CD-ROM, will be provided to the client. Task 7: Individual Study Area Public Involvement Activities The consultant team will coordinate with the client to plan and implement upon the completion of Task 4 a Public Involvement program appropriate to each of the two or three Individual Study Areas, consisting of a combination of public and/or stakeholder meetings at certain stages of the project. The fees for this task will be billed on a Time and Materials basis with a stated Not-To-Exceed amount. Part 3: Youngfield Street / Highway 58 Urban Renewal Plan Task 8: Urban Renewal Plan Alternatives and Impact Analysis The consultant team will develop draft urban renewal plan concept alternatives and an analysis of potential impacts of each alternative including: capacity of the area to accommodate various levels of development and redevelopment; opportunities and constraints associated with parcel size, street network, ownership patterns, projected market conditions, etc. Task 9: Feasibility Test The consultant team will generate preliminary conclusions regarding the feasibility of the plan alternatives, select projects within the planning area, and final preferred plan. The financial feasibility of the concepts will be tested through preparation of development proformas designed to quantify potential net operating income, value and any potential financial "gap." The consultant team will summarize the implications of the final concept alternative relative to: short- and long-term objectives for the planning area and community; required actions; necessity for public improvements; regulatory considerations; and, potential public/private partnerships. Revised Scope of Work, Schedule, and Budget - Wheat Ridge Urban Renewal Authority - September 16, 2008 Task 10: Tax Increment Analysis The consultant team will estimate the tax increment potential (property, sales, and other) of the urban renewal plan and prepare supporting impact documentation for the County and any other taxing body as per the state legislation, and will assist the client in discussions with these groups, where feasible. Task 11: Urban Renewal Plan The consultant team will prepare an urban renewal plan document which reflects community goals, market and social opportunities, and state-of-the-art thinking about redevelopment. The plan will embody urban design principles and design objectives with feasible application in the study area; identify the financial feasibility of potential projects in the study area; and, include strategies for implementation. A concept plan map will also serve to effectively communicate the plan concept to the public and client officials. The work products to be delivered to the client during the urban renewal phase of the study will include: • Concept Plan Map • TIF Analysis • County Impact Report • Draft and Final Urban Renewal Plan Report (including the Conditions Survey Report) The consultant team will deliver the draft urban renewal plan report to the client in electronic (PDF) format. Upon receipt of comments by client representatives, the consultant team will revise the draft urban renewal plan document and prepare a final report document for consideration by the Wheat Ridge City Council. The final work product to be delivered to the client will include thirty (30) color bound copies of the urban renewal plan document, which includes the final conditions survey report as well. The consultant team will also provide a complete, high-resolution version of the entire final urban renewal plan/conditions survey report document in PDF format on CD-ROM. Upon completion of the blight study/urban renewal plan, the consultant team, if requested by the client, will present their findings and recommendations to the Wheat Ridge Planning Commission, Wheat Ridge Urban Renewal Authority Commission and/or the Wheat Ridge City Council at the public hearings required in the state urban renewal statutes. Task 12: Urban Renewal Boundary Legal Description A legal description describing the boundary of the geographic area proposed as the Youngfield Street/ Highway 58 Urban Renewal Area will be required as part of the urban renewal plan document and public notification process. This legal description must be prepared and certified by a licensed surveyor. The consultant team will provide this expertise and prepare, upon final delineation of a proposed urban renewal area boundary, a complete legal description suitable to meet statutory requirements. Revised Scope of Work, Schedule, and Budget - Wheat Ridge Urban Renewal Authority - September 16, 2008 SCHEDULE: Revised Scope of Work, Schedule, and Budget - Wheat Ridge Urban Renewal Authority - September 16, 2008 BUDGET: Lump Sum "Required" Tasks: Labor Matrix Matrix Matrix/ Leland Leland Leland PM I Sr. Planner Planner Admin Principal GIs Task T l Hourly Rate: $150 $105 $60 $225 $105 ota Tasks Hrs. 1 E Hrs, ; E Hrs. $ Hrs. $ Hrs. $ HIS. j $ PART 1: CONSOLIDATED STUDY AREA CONDITIONS SURVEY 1 Ridlect lOckoOl BasaMapprg ,B $1200 8 $840; 4 $240 t A X900 18 i$1880 a ~ r 92Y $5070 „ , 2fleSU~veyarM Dafa:Collechon ` 72 $70800 : ,90 $9460: 0 $0 0 I ! $Os 0 i $0 " 162. 320250,'. 3avitpnmeW Oats COlk'cbon(Survey)," F '0 $D 6 $630" 0 SO 0 r $0; 0 $Oo 6:' r $630 t f 4 Pre{iminvy BIgM PJndings x 8 $ 7 200"" 8 i 3840' 0 $Ut 0 i$0% ; 8 ~ _ $840 ) 24 f2,880 : y , , s r c / r 5 Med U A ou arl l O 0 400" i 20 D 4 1 i ~ / a r ` ' , ~ 6 ~ , /~,„,$Q,,s ~ rr~6 „m7!€ , r O,rn ~ $0_ 4p.aan w...,.rr,,~ . ,9sr r, V if s.n,n .$0 , . „ 56.600:, PART 2: INDIVIDUAL STUDY AREA SURVEYS CONDITION 6a t3~igh1A bs fil}f ~ wu tud✓an:as) 40+ / ~M/r $1r575 z aNsJ ;+i''i451;Y 0 ~ O `A $ $i ~$e Ih IT f`$Q7 u's AS i $4 ~ ` 44'' lxv ' ` 7$ 360 125?%~ ' s r~ ~i 0 7 i !}7 I , s,? ,8 W P , rr „%r.: r, . , r r Y , .i, ; i'r ; ; , , .x a$ PART 3: YOUNGFIELD - HIGHWAY 58 URBAN RENEWAL PLAN 8 P1agAllerPahves"and"1mpaG`pnatysu5{ r~ ~d zryzrOj7s' xr , $01` ' Sx'r ,+p$~/ 24 ~"r`r 5/400^^';n23 t 2415r $Or} 9"i $ r5i' z3T) '(`fe 115 ( , , , p s ,a, a $ a- 11 r . rt /.S v, t+ e e P r rf L <e u s I 1r4v r r r f,~7'y K ~ " s ~ ss `Y e,._. .✓....a ~ f r W ~ur i 9 Feasibil e t l~ i' 0 r Oz k i rs t M1yir - ri r { t $ >I $0, 4 20 18 ai $3800 8 s $840 + 0 r $.9 rr z r k' s 28ra f4 fi80 , ~ t . rc + xw.~ nr Ysr r p "'h" ~t sa0`1X $Osr ~10'vT i$0 ' 2 r 'f r F x+~ Ji r 10 T ~ hia"ehrent al sa r , s s 10" ~r$'~250 f1 j ~i- i $735 ~ $7~ ~ ~ , r 19 t05 t ~ ~ , ~ y d . n. s nc r1 N..G r " 1 r i Plan . c ,rl / r i z " `i1(Urban~Re~~al Y ~ r ~$0'z/ 0 $0 r 72 £ '$720 z 19 sh $4275ir 10 $1050 41 ' ' $6095 f , , r ; 12 BoMdary Legal bespnphon + r ;Q $0' 24 r $ 520' 0 z $0 1 $225' 0+ ~ , ` Labor Sublolal 141 $21,150 181 $19,005 41 j $2,460 105 $23,625 88 } $9,240 556 $75,480 Reimbursable Expenses r 12DR Repo(tSeareh e s+ r i ~ /r r l +r R R d 30 f N l A G ' ~ epojE epm uc~o~( papies o / oungfie tl HMhway 58~1R Plan/Cpnd~onsSurvey lteporY 30 copies of SWdyl ea2COntlibons,6vurvey Report ) r /r/ s 7 z$24m; / + v ' i''/ r + i r'Mi~'a la~us`(Mika egMezalsreW) s + , g ~ s _r r r $20_0 , ~ Reimbursable Expenses subtotal 53,100 Total ~ f78,580 Lump Sum "If Needed" Tasks: 6b. Blight Analysis and Repodng(Third study area)' 21 $3,150 21 j $2,205 6 $360 3 $675 6 1 $630 57 $7,020 Report Reproduclion (30 copies of'Study Area 3 Conditions Survey Repoli)' $900 Total $7,920 Contract Maximum: $127,300 If a third Study Area is recommended cluing Task 5 "Total fee represents a'Not To Exceed' amount invoked on aTme and Materials basis. Provides for8 hours research and summatrabon per site for up to 10 sites total. "`Total fee represents a'Not To Exceed' amount invoked on a Time and Materials basis. Provides for up to three Public Involvement programs vnth a $10,800 budget each. Time and Matrials'Variable" Tasks: W GO 20 Qa W x~ ~m a LL Op m U C d Q ~ C C N cc t N la ` ~ a a 4) ~I N E o ~ ~ 'm 2 o ro te 2 N ya - a a c Z N r" ~ W ~ O J 3 U a LU W Q z CL OZ O O o W d' o F ~ T a o = a0 0 W ~ W LL aW o mQ' on m0 a0 0 N H x 0 J m w 0 O 0 U l7 Z J a Y U w O x a Z 0 C CA U) f/) (n U) U) CIS as J U 0 0 ° 3 w _ ° w w w w w w g > > r r D D) Z N Q X Q o Z U) q) u) d) fA cis w w z w w w w o } } } } } Z W U Z w w co X U) Of W W W O Cl) ° a ¢ 0 w Q 2 J F a U o 0 a Q U Z 0 ER Z ( U w W 0 a w ° > o cn a LL ¢ n M H z W a I H a City of ~~7~Iheat -Midge ITEM NO: REQUEST FOR CITY COUNCIL ACTION 011 COUNCIL MEETING DATE: September 22, 2008 TITLE: RESOLUTION NO. 54-2008 - A RESOLUTION BY THE MAYOR AND CITY COUNCIL OF THE CITY OF WHEAT RIDGE SUPPORTING BALLOT MEASURES 2A, 2B AND 2C ❑ PUBLIC HEARING ❑ BIDS/MOTIONS ® RESOLUTIONS ❑ ORDINANCES FOR IsT READING (mm/dd/yyyy) ❑ ORDINANCES FOR 2ND READING (mm/dd/yyyy) Quasi-judicial: ❑ YES , Lri- M- Deputy City Manager EXECUTIVE SUMMARY: ® NO City Manr On March 24, 2008, the Mayor and City Council approved funding for a Public Infrastructure Funding Information Program to determine the feasibility and level of public support for bonding questions and charter changes on the November 2008 ballot. On August 4, 2008, after an extensive public information program and after receiving recommendations from a citizen task force, the Mayor and Council directed staff to draft three ordinances submitting the following measures to the voters of the City: Ballot Issue 2A Revenue bonds in the amount of $33,435,000 for the reconstruction of 38 h Avenue from Kipling Street to Youngfield Street and the streetscaping of 38a' Avenue from Harlan Street to Wadsworth Boulevard; Ballot Issue 2B General Obligation bonds in the amount of $9,255,000 for neighborhood flood control and storm drainage improvements; and Ballot Questions 2C An amendment to the City's Charter to provide for limitations upon building height and residential density to be as set forth by ordinance in the Wheat Ridge Zoning and Development Code. The Mayor and City Council urge Wheat Ridge voters to vote YES on 2A, 2B and 2C to strengthen property values, to improve safety for motorists and pedestrians, to provide safe routes for school children, to eliminate flooding of homes in critical problem areas of the City, to attract the "right kind" of economic development, to generate long-term investment in Wheat Ridge, to preserve land use rights of private property owners and to allow greater citizen input throughout the zoning process. Please vote YES on 2A, 2B and 2C to attract more businesses and good paying jobs, strengthen property values and to position Wheat Ridge for the future. COMMISSIONIBOARD RECOMMENDATION: The Mayor commissioned the Drainage, Infrastructure, Roads and Trails (D.I.R.T.) Task Force in January 2007, which was charged with providing an independent prioritization of the City's unfunded infrastructure projects. After a four-month analysis process, the Task Force presented their top ten priority recommendation to City Council. STATEMENT OF THE ISSUES: The state of Colorado Fair Campaign Practices Act allows a local governing body to take a position of advocacy on proposed ballot measures. The governing body may pass a resolution and take a public stand urging the electorate to vote for or against any matter. Staff background research that leads to passage of a resolution is permissible. Local governments may report the passage of or distribute such resolution "through established, customary means, other than paid advertising, by which information about other proceedings of the governing body is regularly provided to the public" (such as via a local government newsletter or cable television broadcast). ALTERNATIVES CONSIDERED: None FINANCIAL IMPACT: None RECOMMENDED MOTION: "I move to approve Resolution No. 54-2008 - A Resolution by the Mayor and City Council of the City of Wheat Ridge Supporting Ballot Measures 2A, 2B and 2C." or "I move to postpone indefinitely Resolution No. 54-2008 for the following reasons: Report Prepared by: Patrick Goff, Deputy City Manager Report Reviewed by: Randy Young, City Manager ATTACHMENTS: 1. Resolution No. 54-2008 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 54-2008 TITLE: A RESOLUTION BY THE MAYOR AND CITY COUNCIL OF THE CITY OF WHEAT RIDGE SUPPORTING BALLOT MEASURES 2A, 2B AND 2C WHEREAS, the Mayor commissioned a citizen task force, D.I.R.T (Drainage, Infrastructure, Roads and Trails), to evaluate and prioritize over $143 million of unfunded City public infrastructure projects in January 2007; and WHEREAS, on June 20, 2007, after a four month evaluation process, the D.I.R.T. Task Force made a top ten priority projects recommendation to the Mayor and City Council at an estimated cost of $76.0 million; and WHEREAS, on August 25, 2008, City Council approved ordinances to submit ballot measures to the voters of the City concerning the authorization of 1. Revenue bonds in the amount of $33,435,000 for the reconstruction of 38`h Avenue from Kipling Street to Youngfield Street and the streetscaping of 38`, Avenue from Harlan Street to Wadsworth Boulevard; 2. General Obligation bonds in the amount of $9,255,000 for neighborhood flood control and storm drainage improvements; and 3. An amendment to the City's Charter to provide for limitations upon building height and residential density to be as set forth by ordinance in the Wheat Ridge Zoning and Development Code. WHEREAS, the Mayor and City Council support ballot measures 2A, 2B and 2C as an economic stimulus package for the City of Wheat Ridge; and WHEREAS, a YES vote on 2A matters because it will address critical safety issues along 38`h Avenue for kids, pedestrians and motorists; because it is about investing in the City's future, because it will improve the appeal of the central portion of 38 h Avenue which will attract business investment; and because it will improve property values; and WHEREAS, a YES vote on 2B matters because it will help to protect homes from flooding; because it will protect property values; because it will create a safer environment overall for Wheat Ridge residents; and because it will cost the average household only $30 per year; and ATTACHMENT 1 WHEREAS, a YES vote on 2C matters because the current Charter restrictions on building height and density severely limit the individual owner's property rights; because it will allow more business development at key locations in the City meaning a greater tax base, more jobs and shorter commutes; and because it will strengthen the local economy and support smart growth; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, that: SECTION 1. The Mayor and City Council do hereby urge Wheat Ridge voters to vote YES on 2A, 213, 2C to attract more businesses and good paying jobs, to strengthen property values and to position Wheat Ridge for the future. DONE AND RESOLVED THIS DAY SEPTEMBER 22, 2008. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk e~da City of _:~qrWheatWddge ITEM NO: REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: September 22, 2008 5, TITLE: APPROVAL OF AWARD FOR RFQ-08-28 COMPREHENSIVE PLAN UPDATE TO CLARION ASSOCIATES IN AN AMOUNT NOT TO EXCEED $150,000 ❑ PUBLIC HEARING ❑ ORDINANCES FOR 1sT READING (mm/dd/yyyy) ® BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING (mm/dd/yyyy) ❑ RESOLUTIONS Quasi-judicial: j ❑ YES Community ® NO C4(9- 7-sP City Manager EXECUTIVE SUMMARY: The current Wheat Ridge Comprehensive Plan was adopted in the year 2000. Since the current comprehensive plan was adopted, there have been some major projects and events take place in the City including the proposed Cabela's development, the initiation of subarea plans and most importantly, creation of the Neighborhood Revitalization Strategy (NRS) in 2005. Preparation of the NRS involved extensive research and outreach which concluded in a bold and forthright document outlining guiding principles for the revitalization of the City. While it does not replace the Comprehensive Plan, the NRS has numerous recommendations that relate to the Comprehensive Plan. Inconsistencies and ambiguities exist between the current Comprehensive Plan and the NRS. While the Comprehensive Plan is an advisory document, it is a document that City Council, Planning Commission and City staff are required to reference and be consistent with when making land use decisions. A comprehensive plan is the articulation of the direction in which a City wants to go. Because of this, it is important that the Comprehensive Plan be updated to more closely align with the NRS and reflect the current values of the community as identified in the NRS. The Community Development Department believes it is important to hire a consulting firm that specializes in comprehensive plan development. The approved 2008 City budget included $150,000 in anticipation of this project. A primary focus of the comprehensive plan update will be economic development to identify what steps the City needs to take in order to be a thriving community where people want to live and do business. Given the importance of the document to the City, and the fact it is long range generally looking 20 years into the future, it is critical to hire a consultant(s) that have the expertise to bring the community together to develop the document. On July 07, 2008 ten (10) submittals were received. The evaluation committee reviewed, scored and short listed the submittals. Four (4) firms were invited to participate in the interview process. The number one ranked firm following the interviews was Clarion Associates, Denver, CO. The final selection was based on experience, approach, public meeting presentations, workload, and pricing. References were checked and negotiations were conducted. Clarion Associates is nationally recognized for their comprehensive planning work and based in Ft. Collins. Staff recommends award to Clarion Associates in the not to exceed amount of $150,000. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: Ten responses were received from consultants in response to an RFQ issued in June. A Consultant Selection Committee made up of City staff reviewed the responses received and selected four consultant teams to"invite for interviews. Upon conclusion of the interviews, consensus was reached by the Committee to enter into negotiations on a detailed Scope of Work with the Clarion Associates team for the Comprehensive Plan update. References were checked on the Clarion team, which were all very favorable. The Clarion team consists of a two Principals from Clarion that will lead the process as well as an economic development firm and transportation planning firm. After several weeks of reviews, a detailed Scope of Work has been prepared that is acceptable to City staff. The Planning Commission also reviewed the Scope of Work at a study session and supports the Scope as proposed. ALTERNATIVES CONSIDERED: To not update the City's Comprehensive Plan. FINANCIAL IMPACT: Funds in the amount of $150,000 are budgeted in the Contractual Services line item, account number 01-121-700-704 of the Community Development - Planning budget for hiring a consultant to assist with the Comprehensive Plan update. RECOMMENDED MOTION: "I move to award RFQ-08-28, Comprehensive Plan Update, to Clarion Associates in an amount not to exceed $150,000 to undertake an update to the Wheat Ridge Comprehensive Plan." Or, "I move to deny approval of RF-Q08-28, Comprehensive Plan Update for the following Report initiated by: Sally Payne, Senior Planner Report prepared by: Sally Payne, Senior Planner Report reviewed by: Ken Johnstone, Director of Community Development Linda Trimble, Purchasing Agent ATTACHMENTS: 1. Bid Tabulation Sheet 2. Scope of Work LU Gz ~o ~g ~m U~ On ~m U a, od rn c 2 a LL n m O W ~ W W. C a O :zi a Q O O y ~ w ~ ~ O J a3 N O 00 F OD o ~ i 4 p F w 0 ; ti 0 ~ o mtA o 'm° . m rcU W a 0 a a uj z u! 1 W Q' a 2 V' U w O IL ll~l V N y N w O w w z w Q w O z a i a F z U LL Q w_ R pw. W U Q - . w = U w Q U LL ' z w > Q U o Ul li Q w d Q w L p U 0 0 v L N W m m N 4 0 Cl) qrm H Z W t, a a 0 W m co °o CJ m D m m O m m = m c c r' m D O n = -I m X v m m z ?t 3 p ~ m o > (n ,n z -Dj ~ m y m °m 0 ~j z° o ro n z < z ~ ~ F D r m p N ~ D r m z O C- m n O 3 T m z m z N rn v 5 z c D m 0A Omo 22 z!o y22 Oq 'S m O to , 3 Z! b° v G) C* CO ~ N m Q O z ° m A O ? O N z 3 r m Q m m m w ~ ro c 3 N 0 f fD M n o~ 00 D-n 00 = cM DD Z0 22 m Comprehensive Plan for Wheat Ridge, Colorado - Scope of Work Wheat Ridge - Comprehensive Plan Update Scope of Work - Draft 09105108 COMMUNITY INVOLVEMENT One of the primary objectives of this Comprehensive Plan effort is to engage residents, businesses, elected and appointed officials, and other stakeholders throughout the plan development process. This scope of work seeks to achieve this objective in a creative and efficient manner, using a combination of a Citizen Advisory Committee to provide ongoing advice and feedback throughout the planning process; a Technical Advisory Committee, consisting of staff from various departments as well as representatives from other agencies; and community meetings and workshops. Each of the community involvement strategies is described briefly below: Kick-off Interviews Initial meetings with key officials and stakeholders can address plan issues and helps to avoid the need for duplicative, time-consuming discussions later in the process. During a kick-off week, the consultant will meet informally with staff, elected and appointed officials, and other representatives as appropriate, to discuss the overall project goals and receive input on relevant issues. In addition, team members will discuss with these persons their impressions of the strengths and weaknesses of the current ordinances, existing policies (including the Neighborhood Revitalization Strategy (NRS), and their general expectations of the planning effort. Community Workshops and Open Houses (up to 5) We propose to hold community workshops and open houses at key points during the process (up to five are proposed). These workshops will be well-publicized events designed to invite citizens to participate in hands-on planning for the future, reviewing materials, and convey questions, concerns, and suggestions to staff and to Clarion. When possible, it is helpful to "piggy-back" these events onto other local events that draw people. Successful efforts in other communities we have worked with have included arts festivals, farmers markets, or community cookouts as a means of getting the word out about the planning process and interacting with people. We also find that the most successful and productive meetings always involve food! All workshops will involve interactive meeting materials designed for hands-on participation and discussion among community members. We also have a key pad polling system available to use at one or more meetings during the process. Citizen Advisory Committee (CAC) Meetings (up to 6) We recommend a Citizen Advisory Committee to help guide the development of the plan. It is anticipated that this committee will cover a broad cross-section of interest groups and neighborhoods, with representatives from groups such as neighborhood representatives, business representatives, development community, and other stakeholders. Staff will play a lead role in identifying potential members, but Clarion can assist with the make-up of the group. The project team will meet with the CAC throughout the process to discuss issues and ideas and receive input on draft work products (six meetings are proposed). This committee will serve as a sounding board and pivotal group for the development of the plan. CLARION I FEHR & PEERS I ARLAND ATTACHMENT 2 Comprehensive Plan for Wheat Ridge, Colorado - Scope of Work Technical Advisory Committee (TAC) Meetings (up to 4) It will be invaluable for the planning effort to also assemble a technical group to represent public works, public safety, and other departments of the city. This group could also be broadened to include schools, utilities, and other agencies to verify technical accuracy of information and trends. The consultant could meet or share information with this group during the same milestones as the CAC; however, this group may not need to meet as frequently as the CAC. The group would receive all work products and have opportunities to review and provide technical advice throughout the effort. City Council and Planning Commission Joint Meetings Depending upon the level of involvement of the elected and appointed officials in the CAC meetings, it may be necessary to also hold periodic updates with the City Council and the Planning Commission, to provide progress updates, present preliminary findings and alternative solutions, and receive policy direction. We suggest at least four such meetings, (eitherjointly or as independent bodies). The officials ultimately will be responsible for adopting and implementing the plan, so having these parties understand the issues, and "weigh-in" on the choices will be important to the Plan's adoption and success in the long-run. Project Logo and Websife The consultant will prepare a project identifier logo and a project website that is linked through the city's website and operates independently (e.g., it could be www.PlanWheatRidge.com.). The consultant will design and maintain the website and keep up-to-date all draft materials, schedules, and notices of events current. The website will also provide an opportunity for community members to send comments and participate in on-line polls. We propose three polls at different times during the process. The website will also contain a password-protected page for the project team to swap draft materials and provide comments to each other. Other Materials: Newsletters and Local Media The consultant will help prepare newsletters, regular project updates for the local media, and meeting notices (press releases) for the newspaper and other local media, as noted in the project schedule. From time-to-time, the consultant would be available to meet with radio, television, or newspaper to discuss the project. We propose up to three project newsletters, as indicated on the project schedule. Direct Notification Using contact information available in the city, website registration, and other records, the planning team will send email notification to community members regarding events and opportunities to provide feedback on the plan. CLARION I FEHR & PEERS I ARLAND 2 Comprehensive Plan for Wheat Ridge, Colorado - Scope of Work Proposed Scope of Work This section describes the approach and tasks to complete the City of Wheat Ridge Comprehensive Plan. For purposes of simplicity, we have outlined the scope through a number of discrete tasks. In reality, many of these tasks will be interlinked and will need refinement in collaboration with staff. The parts and tasks are outlined as follows: PART 1: PROJECT START-UP AND PROFILE (ISSUES, MAPS, INVENTORY) Task 1: Community Participation Plan Task 2: Project Kick-Off Meetings and Outreach Task 3: Issues and Profile Task 4: Meetings and Outreach PART 2: VISION AND GOALS Task 5: Confirming Community Vision and Draft Goals Task 6: Meetings and Outreach PART 3: PLAN (FUTURE LAND USE PLAN AND ELEMENTS) Task 7: Land Use Element (including Land Use Scena(os) Task 8: Economic Development / Marketing Element Task 9: Transportation Element Task 10 : Community Character and Design Element Task 11 : Community Amenities Element Task 12 : Environmental Stewardship Element Task 13 : Meetings and Outreach (throughout Part 4) PART 4: IMPLEMENT (PLAN IMPLEMENTATION) Task 14: Prepare Implementation Strategies and Action Plan Task 15: Meetings and Outreach PART 5: DRAFT AND FINAL PLAN AND ADOPTION Task 16: Draft Comprehensive Plan Task 17: Meetings and Outreach Task 18: Adoption Plan The Scope of Work describes these parts and tasks in detail on the following pages. CLARION I FEHR & PEERS I ARLAND 3 Comprehensive Plan for Wheat Ridge, Colorado - Scope of Work PART 1: PROJECT START-UP AND PROFILE (ISSUES, MAPS, AND INVENTORY) Purpose: The consultant will work with the project manager to finalize the work program, collect relevant information, develop the community participation plan, and begin to schedule public events and meetings. The consultant will also work with the project manager throughout the duration of the project for regular coordination and updates. This part of the plan will also include a start-up meeting with the CAC, to review the overall process and discuss issues to be addressed, and with the community. We view this initial phase of work as the opportunity to begin to establish a clear understanding of the issues and opportunities that Wheat Ridge faces-to establish a clear vision for the futureand to build community support and momentum for the Comprehensive Plan. We see the first step in the process as one of discovery; identifying the influences and issues, and working closely with staff, CAC, TAC, and City leadership to craft a process that best fits Wheat Ridge. Also during this part, the consultant will identify preliminary issues, and assemble physical map data and other planning influence information that will be the basis for the plan. From this information, the consultant will develop a "Community Profile" of what conditions are in Wheat Ridge today, where current trends are taking it, and identify trends and previous accomplishments that have contributed to and will continue to influence the future, as well as issues to be addressed during the planning process. TASK 1 -START-UP AND COMMUNITY PARTICIPATION PLAN 1.1 - Prepare and Refine Community Participation Plan The consultant will refine a Community Participation Plan for the Comprehensive Plan that ensures diverse representation from the community and "roll-up-the-sleeves" meaningful involvement. We will do this by working with staff to identify key stakeholders in the community (i.e., long-time residents, new residents, business leaders, neighborhood representatives, development community, and others), and identify cost-effective means of communication and feedback. The program will include those elements discussed earlier including: • Holding community workshops and forums (using tools such as key pad polling, visual preference survey, and maps and images), • Working with a CAC and TAC, • Holding joint or separate study session updates for City Council and Planning Commission, • Preparing and maintaining a website (including on-line polls), • Preparing newsletters, flyers, press releases, and materials for media, and • Holding regular progress reports for staff. 1.2 - Wheat Ridge Tour The consultant will tour the city with staff and discuss issues and areas that need more detailed planning (e.g., areas of change and stability, neighborhoods, corridors, and FasTracks station area). CLARION I FEHR & PEERS I ARLAND Comprehensive Plan for Wheat Ridge, Colorado - Scope of Work 1.3 - Project Logo and Website The consultant will establish a project identifier (logo) and dedicated project website. The site will grow with the planning process, allowing the community to track the planning process and participate in the ongoing evolution of the City. During this task the basic structure of the website, including all methods of communication with the project team, will be created with graphic placeholders for those modules to be added later. The site will serve as a clearinghouse for information about the project and as a mechanism for soliciting feedback on particular issues or components of the Plan. For up to three stages during the process the consultant will prepare on-line polls. TASK 2 - PROJECT KICK-OFF MEETINGS AND OUTREACH 2.1 - Interviews The consultant will interview key stakeholders in the community (e.g., business owners, neighborhood representatives, developers, and others) to understand issues and values of Wheat Ridge and strengths and weaknesses of ordinances, plans, and policies. Consultant will meet with up to eight people (or groups of people) during the project kick-off stage. 2.2 - CAC Meeting #1 The consultant will meet with the CAC in an initial meeting to discuss the overall planning process, get their input into the issues to be addressed by the Plan, and review opportunities for community outreach. 2.3 - Community Meeting #1 The purpose of this first community event is to introduce the public to the plan process, share basic information from the inventory and mapping gathered, and get input on current and future issues, vision and goals-using the NRS as a jumping off point. The consultant will design a creative workshop format to ensure that participants feel their time invested is well spent and enjoyable and to obtain feedback on "what's working, what's not" in Wheat Ridge. An open house format that allows the public to move from station to station, and to express their level of support for these ideas/concepts, is one approach for getting the public to weigh in. Key pad polling could be another possible way of soliciting feedback about key issues, ideas, and values. The consultant will determine the best timing for this meeting and most interactive format along with the project manager. TASK 3: ISSUES AND PROFILE 3.1- Review Existing Plans and Documents The consultant will review existing and available plans and documents and prepare a brief summary for each, including but not limited to: • The 2000 Comprehensive Plan, • Strategic Plan, • 2005 Neighborhood Revitalization Study (NRS), • Subarea plans (i.e., Northwest, Wadsworth, and Fruitdale), • Housing studies as available, CLARION I FEHR & PEERS I ARLAND Comprehensive Plan for Wheat Ridge, Colorado - Scope of Work • Relevant transportation plans and studies, • Architectural and Site Design Manual, • Parks and Recreation Plan, • Urban Renewal plans, • Relevant economic development plans and studies, and • Ordinances and codes. 3.2 - Identify Preliminary Issues The consultant will work with planning staff to prepare a list of issues and a brief "Issues White Paper." Part of this process will involve identifying specific city areas that need more detailed planning, as discussed and identified during the tour. The consultant will refine the issues paper as we continue to discuss issues with stakeholders. 3.3 - Physical Study Area Inventory Mapping/Data Gathering The consultant will work closely with the City to prepare an inventory of GIS data needed to complete the planning process and to assemble necessary information. The consultant will then prepare a series of inventory maps to be used to analyze and understand existing conditions. This is anticipated to include the following data: • Aerial photo; • Vacant and developed lands; • Existing land use and ownership patterns; • Current zoning; • Transportation (e.g., streets, trails and bikeways, and transit as applicable); • Infrastructure and services (water, sanitary sewer, storm drainage, police, fire and emergency services, schools); • Parks, recreation, and open space (existing and planned); • Major planned/pending development; and • Environmental values and natural resources, such as floodplains, wetlands, slope, topography, vegetation, and other environmentally sensitive resources, as available from city or other sources. 3.4 - Underutilized Lands Analysis (Land Use Opportunities Analysis - Change/Areas of Stability) Given the relatively built-out condition of Wheat Ridge, Clarion will prepare an assessment of underutilized lands along with the more traditional land capacity analysis approach. The analysis will take into account available assessor's data (supplemented with on-the-ground review) to identify infill opportunities on vacant lands as well as potential redevelopment opportunities. The consultant will display data in map form and will prepare a brief memo outlining methodology and results. Using the Underutilized Lands Analysis as a starting point, the consultant will develop a map that highlights areas within the community most likely to see infill and redevelopment activity in the future (e.g., availability of vacant land, presence of large underutilized properties, high market demand), vacant lands, as well as those unlikely to experience change due to a variety of factors (e.g., protective overlay in place, limited market demand). CLARION I FEHR & PEERS I ARLAND Comprehensive Plan for Wheat Ridge, Colorado - Scope of Work 3.5 - Prepare Community Profile Using data gathered during earlier tasks, and additional data as needed, the consultant will prepare a Community Profile report. A detailed outline of the Community Profile will be prepared for review by staff prior to preparation of the complete document. The Profile will be in a simple and brief format to provide a "snapshot" of existing conditions within Wheat Ridge today, including: • A summary of generalized existing land use patterns and trends and future development/regeneration potential; • An overview of demographic data and population projections and trends, • A summary of housing stock and future needs; • A summary of existing and planned open space and trail resources; • A summary of school trends and key issues; • A summary of infrastructure trends and key issues; and • Other relevant information as identified to become the basis for plan elements. The profile will convey information in a condensed, highly graphic format to make it easily accessible to a variety of audiences. The consultant will work closely with staff to gather data necessary to complete the profile. Following completion of a draft Community Profile, the planning team will solicit feedback from other departments and agencies, as appropriate. Based on comments received, the consultant will revise the profile as needed and submit a final version to staff for printing and distribution. The profile will be used throughout the rest of the process and will be the baseline for making decisions. 3.6 - Summary of Targeted Transportation Key Issues and Analysis Fehr & Peers will prepare a memo identifying targeted transportation analysis to focus on the following topics: • Sidewalk Policies, • Transit connections and utilization, • State Highways, • Roadway network and connectivity, and • Right of Way and Streetscape. The summary will include documentation of existing policies, plans, and design standards as well as input received from the community and the CAC in the initial workshops and meetings. 3.7 - Summary of Economic Development Key Issues and Analysis and Projections Arland will prepare a memo addressing economic development considerations including jobs projections, personal incomes, market trends and considerations as part of the community profile. The memo will include: • Projections for population, households and jobs growth in the City and the regional area; • Market trends by land use (ie housing, retail and employment) in the City and regional area; • Business development trends and issues; CLARION I FEHR & PEERS I ARLAND Comprehensive Plan for Wheat Ridge, Colorado - Scope of Work Community and development needs and barriers (as identified in developer/broker interviews); Potential land area needed to accommodate future growth in population and jobs; Potential market opportunities and niches; and Other information relevant to the development of the land use planning scenarios (Task 7) TASK 4: MEETINGS AND OUTREACH 4.1 - CAC #2 Meeting The consultant will prepare for and facilitate this CAC meeting to review and discuss the Community Profile and to discuss initial data and other findings. The consultant will provide the issues outline and the draft analysis materials to staff prior to the meeting. 4.2 - TAC #1 Meeting The consultant will prepare for and facilitate this TAC meeting to review and discuss the Community Profile and to discuss initial data and other findings. 4.3 - Joint Study Session The consultant will prepare for and facilitate a joint study session with the City Council and Planning Commission to discuss the project scope, schedule, profile information, and begin discussion of vision and oals. PART 1 - SUMMARY OF DELIVERABLES AND MEETINGS Consultant will provide the following deliverables in PDF format: • Community Participation Plan; • Final Scope of Work and Schedule; • Materials for interviews and CAC #l; • Project identifier logo and website; • Materials for community meeting # 1. • Issues White Paper; • Plan Document Summary; • Community Profile, including inventory maps, transportation, and economic development analysis and land capacity (areas of change and stability); and • Materials for CAC #2 meeting and TAC meeting and joint study session. Consultant will: • Attend interviews; • Part icipate in regular project progress report meetings; • Prepare for and attend kick-off meeting with CAC; • Prepare for and attend community meeting; and • Prepare for and attend CAC #2 and TAC meetings and joint study session. We assume staff will: • Provide all project background materials, reports, and GIS files to consultant; • Participate in regular project progress report meetings; • Set up locations and logistics for meetings; • Review all materials provided by consultant and provide consolidated comments; and • Attend CAC and TAC meetings. CLARION I FEHR & PEERS I ARLAND Comprehensive Plan for Wheat Ridge, Colorado - Scope of Work PART 2: VISION AND GOALS Purpose: The consultant will work with the community and use existing plans and documents to create a community-driven vision and goals. The Vision and Goals will be the foundation and guide for preparing the elements of the Comprehensive Plan later on. TASK 5: DEFINING COMMUNITY VISION AND GOALS 5.1 - Confirm Vision and Goals and Plan Concepts The consultant will first hold a work session with the CAC, using the 2000 Plan, issues paper, NRS, subarea plans, and other background sources to develop the draft vision and goals (or "big ideas") for the plan. Once we prepare a draft document, it will circulate for public review and feedback from the community (including via on-line polling). The consultant will begin to discuss the physical land use plan at this stage, developing broad concepts for discussion. 5.2 - Refine Vision and Goals and Concepts The consultant will refine the vision and goals and concepts, based on the workshop and feedback from the officials' meetings in Task 6, below. Later in the planning process, we will assemble the results from this task into relevant chapters of the plan. TASK 6: MEETINGS AND OUTREACH 6.1 - CAC #3 Meeting The consultant will prepare for and facilitate this meeting to review and discuss the vision and goals and begin to discuss plan concepts and key choices and economic development analysis to prepare for the community vision workshop. (See Tasks 7.1 through 7.2A below.) 6.2 - Community Vision Workshop The consultant will prepare and facilitate a community workshop to discuss the vision and goals. Using a variety of techniques, including photo visual preference, and building on existing NRS and sub-area plans, the team will determine with the public what is important to "preserve" or retain, and "change" or add as Wheat Ridge grows. The team will also begin to discuss areas of change and stability and land use concepts or choices. The team will also solicit direction from the community on sidewalk policies and bicycle and pedestrian project priorities. 6.3 - Joint City Council and Planning Commission Study Session Following the other events in Task 6, the consultant will prepare a presentation for the elected and appointed officials to update them on the process, discuss the draft of the vision and goals and outcomes from the community workshop, and begin to discuss alternative concepts to be addressed in the next phase of work. CLARION I FEHR & PEERS I ARLAND Comprehensive Plan for Wheat Ridge, Colorado - Scope of Work PART 2 - SUMMARY OF DELIVERABLES AND MEETINGS Consultant will provide the following deliverables: • Draft Vision and Goals and refined version; • Alternative plan concepts for discussion; • Materials for CAC #3 meeting; • Materials for Community Vision Workshop; and • Materials and/or PowerPoint for Joint Study Session. Consultant will: • Prepare for and offend CAC meeting, • Prepare for and attend Community Vision Workshop, and • Prepare for and attend City Council and Planning Commission Study Session. We assume staff will: • Review all materials provided by consultant and provide consolidated comments; • Arrange location, notification for public events and CAC meeting and Workshop and send materials to committee; • Attend Community Vision Workshop; and • Arrange scheduling and packet materials for appointed and elected officials and attend and participate in Joint Study Session. CLARION I FEHR & PEERS I ARLAND 10 Comprehensive Plan for Wheat Ridge, Colorado - Scope of Work PART 3: PLAN - FUTURE LAND USE PLAN AND ELEMENTS Purpose: Part 3 includes development and evaluation of key choices (or scenarios) for land use, along with the preparation of each of the plan's discrete elements. The team will evaluate the implications and consequences of key choices (or scenarios) within the context of the community's vision and goals and determine a preferred direction based on community feedback and implications of each choice on utilities, transportation, environment, and other plan goals. Finally we will prepare a draft future land use map and prepare a coordinated set of plan elements that will support the vision. (Note: Depending on how the vision takes shape, the plan elements may be either traditional, as listed below, or more theme-based. The plan will address all the topics identified under the elements but not necessarily in the order presented below.) TASK 7: LAND USE ELEMENT (INCLUDING KEY CHOICES) 7.1 - Key Choices for Land Use (or Scenarios) The consultant will prepare key choices (or up to three scenarios) for future development, infill, and reuse within Wheat Ridge. Due to the constraints of existing land use patterns, key choices will primarily focus on those areas where vacant land is available for development and areas where changes to existing land use patterns and/or reuse of land are likely to occur or are desirable, as determined during Task 3.4). Specific emphasis will be placed on key choices for each of the focus areas, including: • Areas of stability/areas of change; • Wadsworth Corridor; Cabela's site; • FasTracks Gold Line station area; • Town Center location; • Corridors for redevelopment opportunities; and • Other focus areas (subarea and corridors plans, neighborhoods). 7.2 - Key Choices Analysis The consultant will prepare analysis of the key choices based on how well each one meets the community's vision and goals (determined in Task 5). 7.2A - Economic Development Analysis There may be the need to further analyze future market potentials in individual focus areas. In addition to providing a more focused market analysis or identifying future development potentials, there may also be the need to identify how market conditions might need to change in order to facilitate the type of development desired by the community. Examples might include identifying how the market area would need to grow or add more population through additional density in order to justify additional commercial services, necessary infrastructure improvements or needed policy changes. CLARION I FEHR & PEERS I ARLAND Comprehensive Plan for Wheat Ridge, Colorado - Scope of Work 7.3 - Preferred Plan Following workshops with the community and other feedback via the website and committees, the consultant will prepare a preferred plan and "best practice" recommendations for land use and urban design. The preferred plan will likely include components of the key choices or scenarios from Task 7.1 and will incorporate economic projections and transportation options (from Part 2). This land use and design element of the plan should help Wheat Ridge to distinguish itself from surrounding communities and be a leader as a livable community with high quality urban design and innovative and sustainable land use policies. This element of the plan will be the foundation for establishing rational and cohesive land use categories, zoning districts, and standards and for determining if additional zoning districts, design guidelines, or sustainability provisions should be added to the code. TASK 8: ECONOMIC DEVELOPMENT / MARKETING ELEMENT 8.1 - Draft Economic Development / Marketing Element The Economic Development/Marketing Element will address: • Opportunities and Niches for Wheat Ridge: Identification and discussion of potential land use opportunities and niches (as identified in Task 3 and a report to explore possible niches appropriate to the area), • Economic Development Needs/Barriers: Identification of community needs/barriers to economic development, to be fleshed out during discussion with staff and the community in earlier tasks, and to be performed through research, • Potential Redevelopment Sites: Potential redevelopment sites (identified through earlier Tasks 3 and 7, including land use analysis and discussions with the community), and • Financing tools: Consultant will prepare a summary of possible financing tools. TASK 9: TRANSPORTATION ELEMENT 9.2 - Draft Transportation Element The Transportation Element will carry forward the transportation element from the 2000 Plan and address: Sidewalk Policies - this section will address policies related to sidewalks in the City such as maintenance responsibility, types of streets where sidewalks are desirable, design considerations and when sidewalks are required. Transit Connections and Utilization - this section will address FasTracks Gold Line issues, general connectivity to rail service, and strategies to leverage the existing local bus service. State Highways - this section will discuss the relationship of State Highways to City development in light of the land use alternatives, Metro Vision concepts, and recent studies for each of the State Highway facilities in the City. CLARION I FEHR & PEERS I ARLAND 12 Comprehensive Plan for Wheat Ridge, Colorado - Scope of Work Roadway Network and Connectivity - this section will address the street classification system, east/west and north/south connectivity, discuss the potential for additional grid connections, and address network/roadway spacing questions. Right of Way and Streetscape - this section will address redevelopment and streetscape changes in the context of the Streetscape Manual, right of way constraints, and parcel depth considerations. Multimodal Transportation Priorities - this section will build on the Adopted City Bike/Pedestrian Master Plan to address the priority projects for bicycle and pedestrian improvements. CLARION I FEHR & PEERS I ARLAND 13 Comprehensive Plan for Wheat Ridge, Colorado - Scope of Work TASK 10: COMMUNITY CHARACTER AND DESIGN ELEMENT 10.1 - Draft Community Character and Design Element This element will address: • Community character, • Urban design, and • Other related topics. TASK 1 1 : COMMUNITY AMENTIES ELEMENT 11.1 - Draft Community Amenities Element This element will address: • Public facilities, including analysis of City Hall, library, and justice center, • Identification of opportunities and needs for parks, open space, and natural areas, • Utilities, • Housing, and • Other related topics. TASK 12: ENVIRONMENTAL STEWARDSHIP ELEMENT 12.1 - Draft Environmental Stewardship Element This element will address: • Resource conservation, and • Pollution prevention. TASK 13: MEETINGS AND OUTREACH 13.1 - CAC Meeting #4 and #5 The consultant will meet with the committee to obtain comments and feedback on the scenarios or key choices and policies and to help prepare for the next Community event. The committee will work toward developing a preferred alternative or future land use plan. Following preparation of a preferred plan, the consultant will meet with the committee again to obtain input. 13.2 - TAC Meeting #2 and #3 The consultant will meet with the committee twice to obtain comments and feedback on the scenarios or key choices and policies and preferred plan and preliminary discussion of strategies. 13.3 - Community Workshop #3 The team will solicit comments on plan scenarios or key choices and determine which scenario or parts of scenarios best meet the identified policy direction. This meeting will be CLARION I FEHR & PEERS I ARLAND 14 Comprehensive Plan for Wheat Ridge, Colorado - Scope of Work highly interactive, using maps, and possibly ked pad feedback methods. The consultant will also provide on-line polling questions for the public to provide feedback on scenarios. 13.4 - City Council and Planning Commission Study Session The consultant will meet jointly with the elected and appointed officials to update them on the alternatives selection process to date and obtain their comments and feedback on the draft future land use plan and policies and plan elements. PART 3 - DELIVERABLES AND MEETINGS Consultant will provide the following deliverables in PDF format: • Up to 3 land use scenarios or key choices (for Task 7) and analysis; • Preferred scenario and design recommendations; • Plan Elements draft; • Materials for CAC #4 and #5 and TAC meetings; • Materials for Community workshop #3; and • Materials for Joint Study Session. Consultant will: • Prepare for and attend CAC and TAC meetings; • Prepare for and attend Community Workshop; and • Prepare for and attend Joint Study Session meeting. We assume staff will: • Review all materials provided by consultant and provide consolidated comments; • Arrange location, notification for public events, CAC and TAC meetings and joint study session and send materials to committees; • Attend meetings. PART 4: IMPLEMENT - PLAN IMPLEMENTATION Purpose: The consultant will prepare implementation strategies to support the Plan's goals and policies and to reinforce the Land Use Plan. It is important for the plan to have a strong implementation focus and realistic, market-based, and community-supported actions to carry it out. The consultant team will work with the public and community leaders to begin discussing strategies early in the process. Part 4 will be the time when strategies will be summarized and prioritized. TASK 14: PREPARE IMPLEMENTATION STRATEGIES AND ACTION PLAN 14.1 - Draft Implementation Strategies and Action Plan The consultant will prepare a detailed set of strategies and an Action Plan to cant' out the strategies identified. The intent is to identify strategies required to implement the Comprehensive Plan, and clearly delineate priorities, responsibilities, and specific actions such as: • Prioritizing actions to be taken and a recommended timetable; • Providing recommendations for revisions and amendments to zoning and design standards and ordinances; CLARION I FEHR & PEERS I ARLAND 15 Comprehensive Plan for Wheat Ridge, Colorado - Scope of Work • Identifying new programs; • Listing possible funding mechanisms; and • Other recommendations determined during the process. The consultant will then use feedback from the CAC and study session to refine the implementation strategies. TASK 15: MEETINGS AND OUTREACH 15.1 - CAC Meeting #6 The consultant will prepare for and facilitate the CAC meeting to discuss implementation strategies and the action plan and directions for preliminary draft plan. 15.2- TAC Meeting #4 The consultant will prepare for and facilitate the TAC meeting to discuss implementation strategies and priorities for the action plan. 15.3 - Community Workshop #4 The consultant will prepare for and facilitate a public workshop to discuss and receive input on implementation strategies and the action plan and directions for preliminary draft plan. PART 4 - SUMMARY OF DELIVERABLES AND MEETINGS Consultant will provide the following deliverables in PDF format: • Draft Implementation Strategies; • Action plan; • Materials for CAC #6 and TAC meetings; and • Materials for Community Workshop #4. Consultant will: • Prepare for and attend CAC #6 and TAC meetings; and • Prepare for and attend Community Workshop #4. We assume staff will: • Review all materials provided by consultant and provide consolidated comments; • Arrange location, notification for public events and CAC and TAC meetings and send materials to committees; • Attend meetings. PART 5: DRAFT AND FINAL PLAN AND ADOPTION Purpose: At this stage, the consultant will compile all the previous plan products, including the vision, goals, and policies, the draft land use plan, and other supporting elements into a Comprehensive Plan document that is ready for public review and ultimately for adoption. CLARION I FEHR & PEERS I ARLAND 16 Comprehensive Plan for Wheat Ridge, Colorado - Scope of Work TASK 16: DEVELOP DRAFTAND FINAL COMPREHENSIVE PLAN 16.1 - Preliminary Draft The consultant will compile the background information, public input, inventory and analysis, recommendations, plans and illustrations into a preliminary draftPlan. We will provide the preliminary draftso it can be available on the website and at other public venues for review. The plan is suggested to include the following elements: • Introduction and Issues; • Community Vision and Goals; • Future Land Use Plan; • Elements or Themes (plan policies); • Implementation Strategy and Action Plan. • Technical inventory and community profile information. TASK 17: MEETINGS AND OUTREACH 17.1 - CAC Meeting #7 (optional) The consultant will prepare for and facilitate the CAC meeting to review and discuss the assembled draft plan, which will be comprised of the pieces that the committee has reviewed before, as a final step, if budget allows. Otherwise, planning team will invite CAC to participate and help host the open house in Task 17.2, below. 17.2 - Community Open House #5 The consultant will prepare for a final community open house to present the preliminary draft plan. We suggest an open house format with poster boards, comment forms, staff available for discussion, and possibly a slide show overview of the preliminary draft plan. 17.3 - City Council and Planning Commission Study Session The consultant will present the plan elements and draft implementation strategies and action plan to obtain their input prior to preparing the recommended draft Comprehensive Plan. TASK 18: ADOPTION PLAN 18.1 - Prepare Recommended Draft Comprehensive Plan Based on input from staff, the public, and officials, the consultants will revise the preliminary draft into a recommended draft plan for use during hearings. 18.2 - Adopted Comprehensive Plan Following the hearings, below, the consultant will incorporate any changes from the public hearings into the final adopted plan. The consultant will present a digital version of all report materials and maps. 18.3 - Prepare for and Attend Adoption Public Hearing with Planning Commission The consultant will work with City staff to prepare for and present the draft plan to the Planning Commission for consideration and recommendation at a public hearing. CLARION I FEHR 8 PEERS I ARLAND 17 Comprehensive Plan for Wheat Ridge, Colorado - Scope of Work 18.4 - Prepare for and Attend Adoption Public Hearing with City Council The consultant will work with City staff to prepare for and present the recommended draft and adOpTlon aT a PART 5 - SUMMARY OF DELIVERABLES AND MEETINGS Consultant will provide the following deliverables, in PDF format except where noted: • Staff Review Draft Plan document and maps • Recommended Draft Plan document and maps (in WORD, ArcGIS and PDF format); • Materials and/or Power Point for Hearings; and • Adopted Plan document (in WORD, PDF, and GIS format and digital version). Consultant will: • Provide materials for Community Open House and facilitate same; • Materials and/or PowerPoint for Joint City Council and Planning Commission session; and • Prepare for and attend two hearings. We assume staff will: • Review all materials provided by consultant and provide consolidated comments; • Arrange location, notification for public events and (optional) CAC meeting and send materials to committee; • Arrange scheduling and packet materials for Planning Commission and City Council hearings; and • Attend and participate in two hearings. CLARION I FEHR & PEERS I ARLAND 18 Comprehensive Plan for Wheat Ridge, Colorado - Scope of Work Proposed Budget This budget represents a not-to-exceed amount for the project that includes all hourly fees for Clarion and sub-consultants and expenses. CLARION I PEHR & PEERS I ARLAND 19 Comprehensive Plan for Wheat Ridge, Colorado - Scope of Work Timellne We anticipate completing the Wheat Ridge Comprehensive Plan effort (assuming an early October start date) to be adopted by November 2009, as illustrated in the schedule below. We also anticipate some final collaborative refinement of the schedule during the project start-up. Wheat Ridge Comprehensive Plan Update--Schedule Steps 2008 I.__.-!_ _ Oct Nov Dec 2009 I T~ Jan I Feb Mar Apr May I Jun Jul Fwg I Sept Ocl Nov Part I: Project Start-Up and Profile _ 1 -1 Part 2: Vision and Goals Part 3: Plan - Future Land Use Plan and Dements J" MON SM ISM - Part Implement - Plan Implementation Parts Draft and Fin l Pl d Ad t a an an op ion ~ - Websle(indudmg on-ImepoIImIestones) , <tNlebs d Inci gQip9 P R llne: y m8e stonss)ti: C„ NevdetteN Newspaper Media Ciazen AdNSory committee(CAC)Meeting(6) Technical Adttmry COnmlttee(TAC) Meefing(4) Community Meeting (6) ■ Joim City council and Hanni Commssion ng ShidY Sesson (4) V - PdopBan Hearings (2) ❑ i t- CLARION I FEHR & PEERS I ARLAND 20