HomeMy WebLinkAbout10/27/20086:30 p.m. Pre-Meeting
I I
CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
October 27, 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 October 13.2008
PROCLAMATIONS AND CEREMONIES
Kullerstrand Elementary School will sing the National Anthem
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
ORDINANCES ON FIRST READING
Item 1. A. Resolution 552008 - making certain Findings of Fact regarding the
proposed Annexation of a parcel of land to the City of Wheat Ridge,
Colorado.
(Case No. ANX-08-01/Coors at Clear Creek)
B. Council Bill 18-2008 - An Ordinance approving the Annexation of
certain Territory to the City of Wheat Ridge, Colorado.
(Case No. ANX-08-01/Coors at Clear Creek)
CITY COUNCIL AGENDA: October 27, 2008
Page -2-
Item 2. A. Resolution 56-2008 - making certain Findings of Fact regarding the
proposed Annexation of a parcel of land to the City of Wheat Ridge,
Colorado.
(Case No. ANX-08-02/Coors at Clear Creek)
B. Council Bill 19-2008 - An Ordinance approving the Annexation of
certain Territory to the City of Wheat Ridge, Colorado.
(Case No. ANX-08-02/Coors at Clear Creek)
DECISIONS. RESOLUTIONS. AND MOTIONS
Item 3. Resolution 57-2008 -amending the Fiscal Year 2008 Open Space Fund
Budget to appropriate funds in the amount of $60,000 for the purpose of
acquiring approximately 1.5 acres of land located at 4593 Parfet Street, for
consolidation of the Public Works and Parks Operations Facility and
authorizing the Mayor to sign a Purchase and Sale Agreement for said
property at the appraised price of $210,000.
Item 4. Approval of Award for RFQ-08-28 Comprehensive Plan Update to Clarion
Associates in an amount not to exceed $150,000.
Item 5. Approve Award ITB-08-33 2008 Miscellaneous Drainage Project in the
total amount not-to-exceed $100,324.00.
CITY MANAGER'S MATTERS
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MATTERS
ADJOURNMENT
MUOMMEM
CITY OF WHEAT RIDGE, COLORADO
October 13. 2008
Mayor DiTullio called the Regular City Council Meeting to order at 7:00 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
Treasurer, Larry Schulz; City Manager, Randy Young; Deputy City Manager, Patrick Goff;
Assistant City Attorney, Carmen Beery; Director of Community Development, Kenneth
Johnstone; Police Chief, Dan Brennan; Director of Public Works, Tim Paranto; Assistant to the
City Manager, Heather Geyer; staff; and interested citizens.
APPROVAL OF MINUTES OF September 22, 2008
Motion by Mrs. Sang for approval of the Minutes of September 22, 2008; seconded by Mr.
Stites; carried 7-0 with Council Member Langworthy abstaining due to her absence.
PROCLAMATIONS AND CEREMONIES
MADD Award
Emily Thompkins, State Executive Director of Mothers Against Drunk Driving, spoke
appreciatively of the efforts and accomplishments of the Wheat Ridge Police
Department in their outstanding fundraising for the organization. Chief Brennan
commended his Leadership Team for their strides in community involvement and
support, especially Lieutenant Dave Pickett for his support of MADD.
Proclamation for National Save For Retirement Week, October 19-25, 2008
Mayor DiTullio read the proclamation.
CITIZENS' RIGHT TO SPEAK
Rhonda Champion of Wheat Ridge spoke in opposition to Ballot Question 2C. Her
comments were that the ballot question is misleading in that it gives the voter the
impression it will put height and density limits in place. She is very disappointed in the
Council not clarifying the wording of the ballot question, citing the Council Members that
voted for changing the question and those that did not. Mrs. Champion also spoke of
the detriment to her home and her quality of life there because of the overly large home
that was allowed to be built next to hers. She strongly encouraged voters to vote
against Ballot Question 2C.
CITY COUNCIL MINUTES: October 13, 2008 2
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
Item 1. Public Hearing on Proposed 2009 Budget.
The Public Hearing on the 2009 Proposed Budget was introduced by Council Member
Stites, who read the Executive Summary.
Mr. Goff presented to Council a PowerPoint summary of the proposed budget (included
in this packet).
The following citizens were present and spoke on matters of the Proposed 2009 Annual
Budget: Gretchen Cerveny, Terrell Williams
Their comments included, but were not limited to: They do not believe the budget
should be cut back on Police services or Parks maintenance and development; Wheat
Ridge 2020 has proposed adjustments that would be made if funding were decreased,
but more funding is needed than what's proposed as this organization is doing what's
needed to attract more businesses and strong communities; though Wheat Ridge 2020
was never proposed to receive perpetual funding from the City, it is only 2-3 years into a
mission of 10 years. It (WR2020) has accomplished a great deal, including "flipping"
properties in stressed areas of the City, and acquired commercial property for
redevelopment; if anything, funding should be increased at this time of depressed
property values. A cut of 2/3rds funding at this time is unwise and too harmful to the
organization's operations and to the overall efforts to revitalize the City.
Motion by Mrs. Berry to extend the budget discussion to include two more Study
Sessions before considering approval and to vote on Council approval no later than
December 8th and no earlier than November 10th, 2008; seconded by Mr. Womble;
carried 8-0.
DECISIONS, RESOLUTIONS, AND MOTIONS
Item 2. Acceptance of the 2007 Comprehensive Annual Financial Report.
Council Member Adams introduced Item 2 and read the Executive Summary
Wendy Swanhorst of Swanhorst & Company, LLC presented the 2007 Financial Audit
Report and provided a summary of findings and recommendations.
Motion by Council Member Adams to accept the 2007 Comprehensive Annual Financial
Report from Swanhorst & Company; seconded by Council Member Sang; carried 8-0.
CITY COUNCIL MINUTES: October 13, 2008
Item 3. Approve Quit Claim Deed for Youngfield Street Wastewater Metering
Station to the Metro Wastewater Reclamation District and accept Quit
Claim Deed for abandoned Youngfield Street Wastewater Metering
Station.
Council Member Adams introduced Item 3 and read the Executive Summary.
Motion by Council Member Adams to approve the Quit Claim Deed for the Youngfield
Street Wastewater Metering Station. I further move to authorize the Mayor to accept a
Quit Claim Deed from the Metro Wastewater Reclamation District for an abandoned
Wastewater Metering Station; seconded by Council Member Stites; carried 8-0.
3
CITY MANAGER'S MATTERS
Mr. Young asked Council whether it would be wise to reinstate the November 3`d Study
Session, originally cancelled from the Council calendar.
Motion by Mrs. Sang to reinstate the November 3`d, 2008 Study Session; seconded by
Mr. Stites; carried 8-0.
ELECTED OFFICIALS' MATTERS
Mr. Snow informed citizens that all Mail-in Ballots for Wheat Ridge voters have now been
delivered to the Post Office. Those voters that are expecting Mail-in Ballots but do not receive
them should contact the County Clerk's Office at 303-271-8111 and can verify their Mail-in
voting status online at www.votejeffco.com.
Mayor DiTullio informed citizens that the Senior Resource Bus Pilot Program has cancelled its
pickup at Cambridge due to low ridership and expanded pickups at Highlands West and
Highlands South with two buses, two times per week. He also mentioned that Arvada has
formed a Citizens Capital Improvement Committee modeled after Wheat Ridge's D.I.R.T. Task
Force. The Public Art fund-raising project has received contributions of $5,200 cash and the
artist's supplier will donate up to $7000 in steel, leaving $37,000 yet to be raised for the
project.
Mrs. Adams invited citizen comments via email or phone on the Proposed 2009 City Budget.
Mr. Stites reminded citizens to vote. He also emphasized how important it is for community
members to do positive things for family and neighbors especially in these tough times. He
asked everyone to do 4-5 positive things this month and as always, to 'find it and buy it in
Wheat Ridge".
CITY COUNCIL MINUTES: October 13, 2008 4
Mrs. Berry mentioned Valente's Restaurant closing today and acknowledged their
contributions to the community over so many years. She wished the family well.
Mrs. Rotola also wished the Valente family all the best. She is sad to see the restaurant go.
She also wanted to tell citizens that community food banks are in need of a lot of help at this
time and asked everyone to please donate
Mrs. Langworthy mentioned the International Walk-to School Day on October 8t', 2008 and
thanked participants and service of Police to make the event safe.
Mrs. Sang commented that Valente's has been a great establishment in Wheat Ridge. She is
sorry to see it go but acknowledged that as we all get older it's harder to work so hard.
Mr. Womble noted the contributions of Mark and Ray Valente to the community and that their
shoes will be difficult to fill.
Mr. Gokey noted the city will miss the Valente family's restaurant. He also mentioned his
attending a free global warming change convention last week where he learned Colorado is
advanced in the Green efforts compared to the Nation.
Meeting adjourned at 8:10p.m.
Michael Snow, City Clerk
APPROVED BY CITY COUNCIL ON OCTOBER 27, 2008 BY A VOTE OF to
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.
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ITEM NO: _
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE: October 27, 2008
TITLE: RESOLUTION NO. 55-2008 AND COUNCIL BILL NO. 18-2008: A
RESOLUTION MAKING FINDINGS OF FACT REGARDING 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 AND AN ORDINANCE
APPROVING THE ANNEXATION (CASE NO. ANX-08-01)
❑ PUBLIC HEARING ® ORDINANCES FOR 1sT READING (10/27/08)
❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING (11/10/08)
® RESOLUTIONS
Quasi-judicial: ® YES
ommunity ev p e it or
❑ NO
On A Idl I
D WW City Manager
EXECUTIVE SUMMARY:
Under the Municipal Annexation Act, the annexation of property to a municipality must be
accomplished by ordinance with an accompanying resolution of findings of fact regarding the
petition. Adoption of the attached resolution and council bill on first reading sets the public hearing
to consider the annexation for which a petition was submitted to the City on August 29, 2008.
On September 22, 2008, City Council adopted a resolution finding the proposed annexation to be in
substantial compliance with CRS 31-12-107(1) and to be eligible for 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 resolution and ordinance are being considered with a companion petition for adjacent property
to the east 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 and council bill:
1. Adopt a motion to adopt the resolution and council bill approving the annexation.
2. Adopt a motion to deny the resolution and council bill.
FINANCIAL IMPACT:
The annexation of the property will create an immediate responsibility of the city to provide police
protection. The City will received property tax revenues generated by the improvements on the
property. One-time fees for annexation were submitted with the petition.
RESOLUTION
"I move to adopt Resolution No. 55-2008, finding the proposed annexation to be in substantial
compliance with CRS 31-12-107(1) to be considered at a public hearing held on November 10,
2008."
COUNCIL BILL
"I move to approve Council Bill No. 18-2008, an ordinance approving an annexation to the City of
Wheat Ridge on first reading, order it published, public hearing set for Monday, November 10, 2008
at 7:00 p.m. in the City Council Chambers, and that it take effect immediately upon adoption."
Or
RESOLUTION
"I move to table indefinitely Resolution No. 55-2008, finding the proposed annexation to be in
substantial compliance with CRS 31-12-107(1) for the following reason(s):
11
COUNCIL BILL
I move to table indefinitely Council Bill No. 18-2008, an ordinance approving an annexation to the
City of Wheat Ridge for the following reason(s):
Report prepared by: Meredith Reckert, Senior Planner
Report reviewed by: Ken Johnstone, Director, Community Development
ATTACHMENTS:
1. Resolution No. 55-2008
2. Council Bill No. 18-2008
CITY OF WHEAT RIDGE, COLORADO
Resolution No. 55-2008
TITLE: A RESOLUTION MAKING CERTAIN FINDINGS OF FACT
REGARDING THE PROPOSED ANNEXATION OF A PARCEL OF
LAND TO THE CITY OF WHEAT RIDGE, COLORADO (CASE
NO. ANX-08-01/COORS AT CLEAR CREEK)
WHEREAS, the City Council of the City of Wheat Ridge, Colorado, has found a
petition for annexation of the hereinafter described parcel of land to be in substantial
compliance with the requirements of Section 31-12-107(1), Colorado Revised Statutes;
and
WHEREAS, the City Clerk has provided notice of public hearing on the proposed
annexation by publication once per week for four successive weeks and by certified mail
to the Clerk of the Board of County Commissioners, the County Attorney, the school
district and to any special district having territory in the area to be annexed; and
WHEREAS, the City Council has completed a public hearing to determine if the
proposed annexation complies with Sections 31-12-104 and 105, Colorado Revised
Statues, to establish eligibility for annexation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WHEAT RIDGE, COLORADO:
That the City Council hereby finds and concludes with regard to the annexation of
the territory described in Exhibit A attached hereto and incorporated herein, that not less
than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the
existing boundaries of the City; and therefore, because of such contiguity, a community
of interest exists between the territory proposed to be annexed and the City; the territory
proposed to be annexed is urban or will be urbanized in the near future, and that the
territory proposed to be annexed is integrated or is capable of being integrated with the
City; and
BE IT FURTHER RESOLVED:
That the City Council finds and determines that no land held in identical
ownership has been divided or included without written consent of the owner thereof;
that no annexation proceedings have been commenced by another municipality; that the
annexation will not result in the detachment of area from a school district; that the
annexation will not result in the extension of a municipal boundary more than three
miles; that the City has in place a plan for said three mile area; and that in establishing the
boundaries of the area to be annexed the entire width of any street or alley is included
within the area annexed.
ATTACHMENT I
BE IT FURTHER RESOLVED;
That an election is not required, and no additional terms or conditions are to be
imposed upon the area to be annexed, other than as set forth in the annexation agreement.
RESOLVED AND PASSED by the City Council this day of
2008.
For:
Against:
Abstain:
ATTEST: CITY OF WHEAT RIDGE
By:
Michael Snow, City Clerk Jerry DiTullio, Mayor
LSEAL]
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 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 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 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 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.
4
CITY OF WHEAT RIDGE, COLORADO
Council Bill 18-2008
TITLE: AN ORDINANCE APPROVING THE ANNEXATION OF
CERTAIN TERRITORY TO THE CITY OF WHEAT RIDGE,
COLORADO (CASE NO. ANX-08-01/C00RS AT CLEAR CREED
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO:
Section 1.
That a Petition for Annexation, together with four (4) copies of the annexation
map as required by law, was filed with the City Council on August 29, 2008, by the
owners of over fifty percent (50%) of the area of the territory hereinafter described,
exclusive of public streets and alleys, and comprising more than fifty percent (50%) of
the landowners of the property to be annexed. The City Council, by resolution at a
properly noticed meeting on September 22, 2008, accepted said Petition and found and
determined that the applicable parts of the Municipal Annexation Act of 1965, as
amended, have been met and further determined that an election was not required under
the Act and that no additional terms and conditions were to be imposed upon said
annexation.
Section 2. Annexation Approved.
That the annexation to the City of the following described property is hereby
approved:
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);
ATTACHMENT 2
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 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 56°53'21" 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.
Section 3. Effective Date. This ordinance shall take effect upon adoption at
second reading, as perniitted by the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of to
_on the 27th day of October, 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 November 10, 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 November, 2008.
2008.
SIGNED by the Mayor on this day of
Jerry DiTullio, Mayor
ATTEST:
Michael Snow, City Clerk
Approved As To Form
Gerald E. Dahl, City Attorney
First Publication:
Second Publication: _
Wheat Ridge Transcript:
Effective Date:
3
~11~ 11 City of
WheatPdge
ITEM NO: ~ "
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE: October 27, 2008
TITLE: RESOLUTION NO. 56-2008 AND COUNCIL BILL NO. 19-2008: A
RESOLUTION MAKING FINDINGS OF FACT REGARDING 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 AND AN ORDINANCE
APPROVING THE ANNEXATION (CASE NO. ANX-08-02)
❑ PUBLIC HEARING ® ORDINANCES FOR 1sT READING (10/27/08)
❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING (11/10/08)
® RESOLUTIONS
Quasi-judicial: YES ❑ NO
Community Develo n irecto Dyp4)/City Manager
EXECUTIVE SUMMARY:
Under the Municipal Annexation Act, the annexation of property to a municipality must be
accomplished by ordinance with an accompaffying resolution of findings of fact regarding the
petition. Adoption of the attached resolution and council bill on first reading sets the public hearing
to consider the annexation for which a petition was submitted to the City on August 29, 2008.
On September 22, 2008, City Council adopted a resolution finding the proposed annexation to be in
substantial compliance with CRS 31-12-107(1) and to be eligible for 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 TBE 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 resolution and ordinance are being considered with a companion petition for adjacent property
to the east 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 and emergency ordinance:
1. Adopt a motion to adopt the resolution and council bill approving the annexation.
2. Adopt a motion to deny the resolution and council bill.
FINANCIAL IMPACT:
The annexation of the property will create an immediate responsibility of the city to provide police
protection. The City will received property tax revenues generated by the improvements on the
property. One-time fees for annexation were submitted with the petition.
RESOLUTION
"I move to adopt Resolution No. 56-2008, finding the proposed annexation to be in substantial
compliance with CRS 31-12-107(1) to be considered at a public hearing on November 10, 2008."
COUNCIL BILL
"I move to approve Council Bill No. 19-2008, an ordinance approving an annexation to the City of
Wheat Ridge on first reading, order it published, public hearing set for Monday, November 10, 2008
at 7:00 p.m. in City Council Chambers, and that it take effect immediately upon adoption."
Or
RESOLUTION
"I move to table indefinitely Resolution No. 56-2008 finding the proposed annexation to be in
substantial compliance with CRS 31-12-107(1) for the following reason(s)
COUNCIL BILL
I move to table indefinitely Council Bill No. 19-2008, an ordinance approving an annexation to the
City of Wheat Ridge for the following reason(s):
Report prepared by: Meredith Reckert, Senior Planner
Report verified by: Ken Johnstone, Director, Community Development
ATTACHMENTS:
1. Resolution No. 56-2008
2. Council Bill No. 19-2008
CITY OF WHEAT RIDGE, COLORADO
Resolution No. 56-2008
TITLE: A RESOLUTION MAKING CERTAIN FINDINGS OF FACT
REGARDING THE PROPOSED ANNEXATION OF A PARCEL OF
LAND TO THE CITY OF WHEAT RIDGE, COLORADO (CASE
NO. ANX-08-02/COORS AT CLEAR CREEK)
WHEREAS, the City Council of the City of Wheat Ridge, Colorado, has found a
petition for annexation of the hereinafter described parcel of land to be in substantial
compliance with the requirements of Section 31-12-107(1), Colorado Revised Statutes;
and
WHEREAS, the City Clerk has provided notice of public hearing on the proposed
annexation by publication once per week for four successive weeks and by certified mail
to the Clerk of the Board of County Commissioners, the County Attorney, the school
district and to any special district having territory in the area to be annexed; and
WHEREAS, the City Council has completed a public hearing to determine if the
proposed annexation complies with Sections 31-12-104 and 105, Colorado Revised
Statues, to establish eligibility for annexation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WHEAT RIDGE, COLORADO:
That the City Council hereby finds and concludes with regard to the annexation of
the territory described in Exhibit A attached hereto and incorporated herein, that not less
than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the
existing boundaries of the City; and therefore, because of such contiguity, a community
of interest exists between the territory proposed to be annexed and the City; the territory
proposed to be annexed is urban or will be urbanized in the near future, and that the
territory proposed to be annexed is integrated or is capable of being integrated with the
City; and
BE IT FURTHER RESOLVED:
That the City Council finds and determines that no land held in identical
ownership has been divided or included without written consent of the owner thereof,
that no annexation proceedings have been commenced by another municipality; that the
annexation will not result in the detachment of area from a school district; that the
annexation will not result in the extension of a municipal boundary more than three
miles; that the City has in place a plan for said three mile area; and that in establishing the
boundaries of the area to be annexed the entire width of any street or alley is included
within the area annexed.
ATTACHMENT I
BE IT FURTHER RESOLVED;
That an election is not required, and no additional terms or conditions are to be
imposed upon the area to be annexed, other than as set forth in the annexation agreement.
RESOLVED AND PASSED by the City Council this day of
2008.
For:
Against: _
Abstain:
ATTEST:
CITY OF WHEAT RIDGE
By:
Michael Snow, City Clerk Jerry DiTullio, Mayor
[SEAL]
Exhibit A
LEGAL DESCRIPTION of ANNEXATION OF 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°2244" 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°2244" 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 00°11'45" 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 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.
CITY OF WHEAT RIDGE, COLORADO
Council Bill 19-2008
TITLE: AN ORDINANCE APPROVING THE ANNEXATION OF
CERTAIN TERRITORY TO THE CITY OF WHEAT RIDGE,
COLORADO (CASE NO. ANX-08-02/COORS AT CLEAR CREEK)
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO:
Section 1.
That a Petition for Annexation, together with four (4) copies of the annexation
map as required by law, was filed with the City Council on August 29, 2008, by the
owners of over fifty percent (501/o) of the area of the territory hereinafter described,
exclusive of public streets and alleys, and comprising more than fifty percent (50110) of
the landowners of the property to be annexed. The City Council, by resolution at a
properly noticed meeting on September 22, 2008, accepted said Petition and found and
determined that the applicable parts of the Municipal Annexation Act of 1965, as
amended, have been met and further determined that an election was not required under
the Act and that no additional terms and conditions were to be imposed upon said
annexation.
Section 2. Annexation Approved.
That the annexation to the City of the following described property is hereby
approved:
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);
ATTACHMENT 2
THENCE CONTINUING ALONG SAID EAST LINE, NORTH 00°2244" 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
CONCAVESOUTHERLY;
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 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
2
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.
Section 3. Effective Date. This ordinance shall take effect upon adoption at
second reading, as permitted by the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of _to
_on the 27th day of October, 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 November 10, 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 November, 2008.
SIGNED by the Mayor on this day of
2008.
Jerry DiTullio, Mayor
ATTEST:
Michael Snow, City Clerk
Approved As To Form
Gerald E. Dahl, City Attorney
First Publication:
Second Publication: _
Wheat Ridge Transcript:
Effective Date:
~
City of
~Wheat~idge
ITEM NO: ✓1_
REQUEST FOR CITY COUNCIL ACTION
~T
t
COUNCIL MEETING DATE: October 27, 2008
TITLE: RESOLUTION NO. 57-2008 - A RESOLUTION AMENDING
THE FISCAL YEAR 2008 OPEN SPACE FUND BUDGET TO
APPROPRIATE FUNDS IN THE AMOUNT OF $60,000 FOR
THE PURPOSE OF ACQUIRING APPROXIMATELY 1.5
ACRES OF LAND LOCATED AT 4593 PARFET STREET
FOR CONSOLIDATION OF THE PUBLIC WORKS AND
PARKS OPERATIONS FACILITY AND AUTHORIZING THE
MAYOR TO SIGN A PURCHASE AND SALE AGREEMENT
FOR SAID PROPERTY AT THE APPRAISED PRICE OF
$210,000
❑ PUBLIC HEARING ❑ ORDINANCES FOR 11T READING (mm/dd/yyyy)
❑ BIDS/MOTIONS ❑ ORDINANCES FOR 2ND READING (mm/dd/yyyy)
® RESOLUTIONS
Quasi-judicial
A
Director of Public W ks
❑ YES
ec or of Parks and Recreati 6 City Manr
® NO
EXECUTIVE SUMMARY:
The 2004 Public Works/ Parks Maintenance Master Plan proposed consolidation of the Public
Works and Parks maintenance operations at the existing Public Works Operations site. The
consultants determined that it would be very difficult and expensive to relocate both operations to
another site, if one was available within the City. Locating the Police Department evidence
custody function at the consolidated municipal maintenance facility was also recommended. The
plan concluded that a minimum of 1.05 acres of additional land was needed to accommodate the
needs of the three departments. Staff has concluded negotiations to purchase approximately 1.5
acres of property north of the existing Public Works Maintenance Facility for future
consolidation of the municipal maintenance functions. Staff recommends that City Council
approve the attached purchase and sale agreement for $210,000, along with a supplemental
budget appropriation of $60,000 for the purchase.
COMMISSION/BOARD RECOMMENDATION:
The City Council provided consensus at the October 20, 2008 Council Study Session to move
forward with purchase of the Parfet Street property.
STATEMENT OF THE ISSUES:
The advantages to combining the operations of the Public Works and Parks Departments are
numerous and include:
1. Greater efficiency in having the operations at the same location
2. Shared work areas (less duplication for the same types of spaces)
3. Improved work areas
4. Covered storage for equipment
5. Better access to shared equipment
6. Better access to equipment and vehicles by City mechanics
Relocation of the Parks Administration offices and Operations Shops from Anderson Park will
allow the park to be redeveloped in the future per the recommendations in the Parks and
Recreation Master Plan.
Phase 1 of the Master Plan implementation was completed in 2006 with the construction of the
new Police Department evidence building and storage yard. Phase 2 consists of construction of
the new administration building, which was proposed for construction in 2008, but was not
budgeted. In anticipation of funding the administration building in 2009, the City Council
authorized Staff to negotiate the purchase of 1.5 acres of vacant land adjacent and north of the
maintenance facility.
Staff has negotiated with the property owners, Allen and George Williams, for the purchase of
the rear 255 feet of their lot at 4593 Parfet Street (approximately 1.5 acres). The value of the
property was determined by real estate appraiser Stephen Caulder to be $210,000. The Williams
brothers have accepted the appraised price.
ALTERNATIVES CONSIDERED:
Not purchase the property and risk future availablility for consolidation of City maintenance
operations at this location.
FINANCIAL IMPACT:
Staff is recommending use of unexpended project funds in this year's Open Space Fund budget in
the amount of $150,000 and appropriating $60,000 of the unappropriated fund balance. If future
anticipated revenues in the Open Space Fund are received as projected, other Open
Space projects will not be impacted by this use of funds. However, if revenues are not received as
projected, future Open Space development and maintenance projects may have to be adjusted
accordingly.
RECOMMENDED MOTION:
"I move to approve Resolution No. 57-2008 amending the fiscal year 2008 Open Space Fund
budget to appropriate funds in the amount of $60,000 for the purpose of acquiring approximately
1.5 acres of land located at 4593 Parfet Street, for consolidation of the Public Works and Parks
Operations Facility and authorizing the mayor to sign a purchase and sale agreement for said
property at the appraised price of $210,000.
I further move that costs associated with the purchase of the property located at 4593 Parfet
Street be paid from account number 32-601-800-862, and that these funds be encumbered in
accordance with Ordinance #787, 1989 Series."
or
"I move to deny Resolution No. 57-2008 for the following reason(s)
Report Initiated by: Tim Paranto, Director of Public Works
Report Reviewed by: Joyce Manwaring, Parks and Recreation Department
Report Approved by: Randy Young, City Manager
ATTACHMENTS:
1. Resolution No. 57-2008
2. Purchase and Sale Agreement
CITY OF WHEAT RIDGE
RESOLUTION NO. 57-2008
TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2008 OPEN
SPACE FUND BUDGET TO APPROPRIATE FUNDS IN THE
AMOUNT OF $60,000 FOR THE PURPOSE OF ACQUIRING
APPROXIMATELY 1.5 ACRES OF LAND LOCATED AT 4593
PARFET STREET, FOR CONSOLIDATION OF THE PUBLIC
WORKS AND PARKS OPERATIONS FACILITY AND
AUTHORIZING THE MAYOR TO SIGN A PURCHASE AND
SALE AGREEMENT FOR SAID PROPERTY AT THE
APPRAISED PRICE OF $210,000
WHEREAS, the City commissioned a master plan for the site to accommodate
consolidation of the Public Works and Parks Shops Operations Facility; and
WHEREAS, the master plan recommends an additional 1.5 acres to meet the
goals of the master plan and consolidation; and
WHEREAS, the use of Open Space Funds for this purpose is compliant with
Jefferson County Open Space policies; and
WHEREAS, 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 City Council of the City of
Wheat Ridge, Colorado, as follows:
The following amendment to the 2008 Open Space Fund budget is hereby approved:
A supplemental budget appropriation from the Open Space Fund undesignated reserves
in the total amount of $60,000 to account #32-601-800-809 for the purpose of acquiring
the 1.5 acre parcel located at 4593 Parfet Street.
The Mayor is authorized to sign the sales contract.
This resolution shall be effective immediately upon adoption.
DONE AND RESOLVED THIS DAY OCTOBER 27, 2008.
Jerry DiTullio, Mayor
ATTEST:
Michael Snow, City Clerk
ATTACHMENT I
PURCHASE AND SALE AGREEMENT
The Western 255 Feet (Approximately 1.5 Acres) of the
Property Located at 4593 Parfet Street
Wheat Ridge, Colorado
THIS PURCHASE AND SALE AGREEMENT is made and entered into as of the _ day
of 12008 (the "Contract Date"), by and between GEORGE LESTER WILLIAMS and
ALLEN EUGENE WILLIAMS, as tenants in common (collectively, "Seller") and CITY OF
WHEAT RIDGE, COLORADO, a Colorado home rule municipal corporation ("Buyer").
RECITALS.
1.1 Seller is the owner of the Property (as defined in Paragraph 2(g) of this
Agreement).
1.2 Seller desires to sell the Property to Buyer, and Buyer desires to purchase
the Property from Seller, on the terms and conditions set forth in this Agreement.
2. DEFINITIONS. The following terms shall have the following meanings when
used in this Agreement:
(a) "Agreement" shall mean this Purchase and Sale Agreement, including all
exhibits attached hereto;
(b) "Amendment" has the meaning set forth in Paragraph 6.5 of this
Agreement;
(c) "Business Dav' shall mean a day other than a Saturday, Sunday or day on
which banking institutions in the City of Wheat Ridge, State of Colorado are authorized or
required by law or executive order to be closed;
(d) "Buyer's Additional Objections" has the meaning set forth in
Paragraph 6.5 of this Agreement;
(e) "Buyer's Objections" has the meaning set forth in Paragraph 6.3 of this
Agreement;
(f) "Cash" shall mean United States currency represented by cash in hand,
certified or cashier's check, wire transfer or other readily available funds;
(g) "Closing" shall mean the consummation of the Transaction, as evidenced
by the delivery of all required funds and documents to Seller and Buyer;
(h) "Closing Date" shall mean the date of Closing, which shall be mutually
agreed to by Buyer and Seller in writing;
(i) "Declaration" has the meaning set forth in Paragraph 7.3(b) of this
Agreement;
ATTACHMENT 2
(j) "Disclosure Documents" has the meaning set forth in Paragraph 6.1 of this
Agreement;
(k) "Environmental Laws" shall mean any federal, state, or local statute, law
(including common law), regulation, rule, ordinance, or other requirement of a governmental
authority pertaining to the protection of public health, safety, or the indoor or outdoor
environment, to worker health and safety, to natural resources, to pollution or releases to air,
land, surface water, or groundwater, or to the manufacture, processing, distribution, use,
treatment, storage, disposal, transport, or handling of any petroleum, pollutants, contaminants,
or hazardous or toxic materials, wastes or substances. Environmental Law shall include,
without limitation, the Comprehensive Environmental Response, Compensation and Liability
Act, the Solid Waste Disposal Act, also known as the Resource Conservation and Recovery
Act, the Clean Water Act, the Clean Air Act, the Toxic Substances Control Act, the Hazardous
Materials Transportation Act, the Occupational Safety and Health Act, the Oil Pollution Act, the
Emergency Planning and Community Right-to-Know Act, the Endangered Species Act, the
Safe Drinking Water Act, the Federal Insecticide, Fungicide and Rodenticide Act, the Colorado
Hazardous Waste Management Act, the Colorado Solid Waste Disposal Sites and Facilities Act,
the Colorado Petroleum Storage Tank Act, the Colorado Water Quality Control Act, and the
Colorado Air Quality Control Act.
(1) "Environmentally Clean Condition" shall mean the absence of (i) asbestos,
(ii) any light ballasts containing Polychlorinated Biphenyls ("PCBs"), (iii) any underground
storage tanks ("USTs") and substances released from those tanks, and (iv) any other substances
that could violate Environmental Laws, that could impose liability on the owner under
Environmental Laws, or that could require special worker protection or special handling,
transportation, or disposal due to the presence of petroleum, pollutants, contaminants, or
hazardous or toxic materials, wastes or substances;
(in) "Ins en ction" has the meaning set forth in Paragraph 6.7 of this Agreement;
(n) "Inspection Period" has the meaning set forth in Paragraph 6.8 of this
Agreement;
(o) "Land" shall mean the real property described on Exhibit A attached
hereto;
(p) "Permitted Exceptions" shall mean all matters affecting title to the
Property approved, deemed approved or waived by Buyer in accordance with Paragraphs 6.3, 6.4
and 6.5 of this Agreement;
(q)' "Propert y" shall mean the Land together with all improvements,
easements, rights of way, water rights, mineral rights and appurtenances running with or
pertaining thereto, to the extent of Seller's interest therein and all applicable licenses, permits,
certificates of occupancy, authorizations and approvals pertaining to ownership or operation of
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4593 Parfet Street, Wheat Ridge
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the land in Seller's possession or control. Upon Buyer's and Seller's approval of the Survey
pursuant to Paragraph 6.4 of this Agreement, the legal description of the Land on the Survey
shall take the place of Exhibit A attached hereto if such Survey legal description differs from
that contained on Exhibit A;
(r) "Purchase Price" shall mean the total purchase price to be paid by Buyer
for the Property, as set forth in Paragraph 4 of this Agreement;
(s)
Agreement;
(t)
(u)
Agreement;
(v)
Agreement;
(vr)
Agreement;
(x)
Agreement;
(y)
Agreement; and
(z)
Agreement.
"Revised Survev" has the meaning set forth in Paragrauh 6.5 of this
"Survev'has the meaning set forth in Para agr uh 6.4 of this Agreement;
"Survey Objections' has the meaning set forth in Paragraph 6.4 of this
"Title Commitment" has the meaning set forth in Paragraph 6.1(a) of this
"Title Company' has the meaning set forth in Paragraph 6.1(a) of this
"Title Policv" has the meaning set forth in Paragraph 6.6 of this
"Transaction" shall mean the purchase and sale contemplated by this
"1445 Affidavit" has the meaning set forth in Paragraph 7.2(b) of this
3. DEFINITIVE AGREEMENT FOR PURCHASE AND SALE OF PROPERTY.
Upon full execution by all parties, this Agreement shall be a binding agreement between Buyer
and Seller for the purchase and sale of the Property on the terms, conditions and provisions set
forth in this Agreement. This Agreement supersedes all other written or oral agreements
between Buyer and Seller concerning the Transaction.
4. PURCHASE PRICE AND METHOD OF PAYMENT. The Purchase Price for
the Property payable by Buyer to Seller shall be Two Hundred Ten Thousand Dollars
($210,000.00) in Cash, which shall be paid to Seller at Closing.
5. ENVIRONMENTALLY CLEAN CONDITION. Unless otherwise hereafter
agreed upon in writing by Seller and Buyer, at Closing Seller shall deliver the Property to Buyer
in an Environmentally Clean Condition.
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6. DISCLOSURE DOCUMENTS; TITLE COMMITMENT AND OBJECTIONS;
SURVEY AND OBJECTIONS; TITLE INSURANCE POLICY, INSPECTION,
ENTITLEMENTS.
6.1 Disclosure Documents. Seller shall provide Buyer with or provide Buyer
access to, to the extent in the possession of Seller or reasonably obtainable, a copy of the
following documents relating to the Property (the "Disclosure Documents") within 30 days after
the Contract Date:
(a) a title commitment prepared by a title company of Buyer's choosing (the
"Title Company") in the name of Buyer or its assigns, together with copies of all documents
constituting exceptions to title as reflected in the title commitment (the "Title Commitment's
and binding said title company to issue to Buyer at the Closing an ALTA Owner's Policy of
Title Insurance in an amount equal to the Purchase Price ("Title Policy") for the Property.
Buyer shall assist Seller in arranging for the provision of the Title Commitment;
(b) A current, monumented ALTA/ACSM survey of the Property, prepared by
a surveyor or engineer of Buyer's choice and registered in the State of Colorado, which meets
the Minimum Standard Detail Requirements, and the Accuracy Standards, for ALTA/ACSM
Land Title Surveys, each as adopted in 1999 by the American Land Title Association, the
American Congress on Surveying & Mapping, and the National Society of Professional
Surveyors (the "Survey"). The Survey shall be certified to Seller and Buyer. Buyer shall assist
Seller in arranging for the preparation of the Survey.
(c) A tax certificate for the Property.
(d) Copies of all tax bills and statements for the years 2006 and 2007 in
Seller's possession for the Property;
the Property;
(e) Any written reports of any environmental or engineering investigation of
(f) Copies of any notices, correspondence, or memoranda concerning alleged
violations from or with any governmental entity, insurance company, tenant, service provider,
or lender; and
(g) Any surveys of the Property, that have been prepared by, or are in the
possession or control of Seller.
6.2 Buyer shall pay for the Title Commitment, including any additional
coverage or endorsements that it requires. Buyer shall also pay for the Survey and for the tax
certificate for the Property.
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6.3 Title Commitment. Buyer shall have until the expiration of ten (10)
Business Days after it receives the Title Commitment from the Title Company in which to
object in writing to any easements, liens, encumbrances or other exceptions or requirements in
the Title Commitment (except for real property taxes and assessments not due and payable
which may constitute a lien on the Property) ("Buyer's Objections") or to provide notice that it
has no objections. If Buyer fails to timely object or provide notice that it has no objections, then
the Title Commitment shall be deemed accepted by Buyer. If Buyer's Objections are timely
made, Seller shall attempt to cure the matters covered by Buyer's Objections within thirty (30)
days after notice of Buyer's Objections. If Seller is unable to cure the matters covered by
Buyer's Objections within said thirty (30)-day period upon terms acceptable to Buyer, in
Buyer's sole and absolute discretion, Buyer, within five (5)-Business Days from the earlier of
Seller's notice of items it will not cure or the expiration of such five (5)-Business Day period,
shall, in writing, either waive such of Buyer's Objections as Seller shall have been unable to
cure or cancel this Agreement. If Buyer does not provide its election notice timely, then Buyer
shall be deemed to have waived such uncured Buyer's Objections. Notwithstanding anything to
the contrary contained in this Agreement, Seller shall pay all monetary liens and encumbrances
prior to the Closing and Buyer shall have no obligation to object thereto.
6.4 Survey. Buyer shall have until ten (10) Business Days after it receives the
Survey in which to object, in writing, to the boundaries and legal description of the Property and
all easements, encroachments, improvements and other matters shown on the Survey (the
"Survey Objections"). If Buyer fails to timely object or provide notice that it has no objections,
then the legal description and the boundaries of the Property, the Property's easements,
encroachments, improvements as reflected on the Survey and all other matters reflected on the
Survey shall be deemed accepted by Buyer. If the Survey Objections are timely made, Seller
shall attempt to cure the matters covered by the Survey Objections within thirty (30) days after
notice of Buyer's objections. If Seller is unable to cure the matters covered by the Survey
Objections within said thirty (30) day period upon terms acceptable to Buyer, in Buyer's sole
and absolute discretion, Buyer, within five (5) Business Days from the earlier of Seller's notice
of items it will not cure or the expiration of such five (5)-Business Day period, shall either
waive such Survey Objections as Seller shall have been unable to cure or cancel this
Agreement. If Buyer does not provide its election notice timely, then Buyer shall be deemed to
have waived such uncured Survey Objections.
6.5 Amendments to Title Commitment or Survey and Objections. If the Title
Commitment is amended by the Title Company, the Title Company shall deliver to Buyer and
Seller the amendment, together with legible copies of all additional instruments referred to
therein (collectively, the "Amendment"). If the Survey is revised, Seller shall cause the revised
Survey (the "Revised Survey') to be delivered to Buyer and Seller and the Title Company.
Buyer shall have until the fifth (5th) Business Day following Buyer's receipt of the Amendment
or the Revised Survey, as applicable, in which to object, in writing, either (i) to any changes
shown on the Amendment which were not disclosed by the applicable Title Commitment or a
previous Amendment; or (ii) any easements, encroachments or other matters shown on the
5
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September 25, 2008
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Revised Survey which were not shown on the Survey or a previous Revised Survey
(collectively, `Buyer's Additional Obiections"). If Buyer fails to object within the applicable
time period, then the change reflected on the Amendment and/or the condition of the Property
shown on the Revised Survey, as applicable, shall be deemed approved by Buyer and Buyer
shall be deemed to have elected to proceed with the Transaction on the terms and conditions of
this Agreement. If Buyer's Additional Objections are timely made, Seller shall attempt to cure
the matters covered by Buyer's Additional Objections (without any obligation to incur costs) on
or before the date thirty (30) days after Seller's receipt of Buyer's notice. If Seller is unable to
timely cure the matters covered by Buyer's Additional Objections upon terms acceptable to
Buyer in Buyer's sole and absolute discretion, Seller, in writing prior to the applicable deadline,
shall notify Buyer, and Buyer, within five (5) Business Days from receipt of Seller's notice,
shall in writing either waive such of Buyer's Additional Objections as Seller shall have been
unable to cure or cancel this Agreement. If Buyer does not provide its election notice timely,
then Buyer shall be deemed to have waived such uncured Buyer's Additional Objections and to
have elected to proceed with the Transaction on the terms and conditions of this Agreement.
6.6 Title Insurance Policy. At the Closing, the Title Company shall commit to
issue to and in favor of Buyer an ALTA extended coverage owner's policy of title insurance
with respect to the Property in the amount of the Purchase Price, effective on the date of the
Closing, insuring fee simple title to the Property in Buyer subject only to the Permitted
Exceptions and together with such endorsements Buyer may reasonably request (the "Title
Policy").
6.7 Inspection. As of the Contract Date, Buyer, with the reasonable
cooperation of Seller and at Buyer's expense, has the right to inspect, test, analyze, study,
review and evaluate the Property, , and all physical aspects of the Property and otherwise
investigate the feasibility and desirability of acquiring the Property from Seller and complete
any studies of the Property as Buyer may desire (collectively and individually, "Inspection');
provided, however (a) Buyer shall provide Seller at least twenty-four (24) hours prior notice of
its election to conduct any such on-site inspection; and (b) Buyer shall not undertake any
invasive testing procedures with respect to the Property without Seller's prior written
permission, which permission will not be unreasonably withheld, conditioned or delayed. In
undertaking any Inspection hereunder, Buyer will treat, and will use good faith efforts to cause
any representative of Buyer to treat, all information obtained by Buyer pursuant to the terms of
this Agreement as strictly confidential. Further, in the event Buyer refuses or is unable to
consummate the Transaction, for any reason whatsoever, Buyer shall keep such studies strictly
confidential and, within ten (10) Business Days of such failure to consummate the Transaction,
shall provide to Seller, free of cost, copies of any and all studies performed in connection with
Buyer's Inspection. Seller's receipt of such materials from Buyer shall not be deemed to imply
any obligation on behalf of Seller to pay any costs or fees associated with the preparation or
distribution of such materials to any agent, contractor, consultant or engineer retained by Buyer.
Seller hereby grants to Buyer and Buyer's agents, employees and contractors a non-exclusive
right and license to enter upon the Property to conduct the Inspection. Upon completion of each
Purchase and Sale Agreement
4593 Parfet Street, Wheat Ridge
Serdember.25, 2008
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Inspection, Buyer shall restore the Property inspected to its condition prior to the Inspection.
Buyer hereby indemnifies and defends Seller against, and agrees to hold Seller harmless for,
from and against all claims, costs, fees (including witness and attorneys' fees), expenses, loss,
damage and liability of any kind, including but not limited to environmental expenses, loss,
damage and liability that may be asserted against Seller as a result of the Inspection.
6.8 Inspection Period. Buyer shall have up to sixty (60) days after the
Contract Date in which to complete the inspection (the "Inspection Period'). If, based upon the
Inspection, Buyer determines that Buyer, in its sole discretion, wishes to proceed with the
Transaction, Buyer, in writing to Seller, given prior to the expiration of the Inspection Period,
shall give notice of its decision to proceed with this Agreement. If Buyer does not timely give
notice pursuant to this ParaUVh 6.8, then Buyer shall be deemed to have rejected the
Inspection and to have canceled this Agreement.
7. CLOSING.
7.1 Time and Place. The Closing shall take place at a time, date and place
mutually agreed upon by the parties.
7.2 Seller's Closing Deliveries. At the Closing, Seller shall deliver to the Title
Company:
(a) General Warranty Deed in the form and having the substance of Exhibit B
attached hereto, fully executed and properly acknowledged by Seller, conveying to Buyer the
Property subject to the Permitted Exceptions;
(b) Affidavit in a form and having the substance mutually acceptable to Buyer
and Seller, fully executed and properly acknowledged by Seller, as required by Internal
Revenue Code Section 1445(b)(2) (the "1445 Affidavit");
(c) Mechanic's lien affidavit (in form acceptable to Seller and the Title
Company); and
(d) Such other funds, instruments or documents as may be reasonably
requested by Buyer or the Title Company, or necessary to effect or carry out the purposes of this
Agreement.
7.3 Buyer's Closing Deliveries. At the Closing, Buyer shall deliver to the
Title Company:
(a) The funds required pursuant to Paragraphs 4 7.5 and 7.6 of this
Agreement;
Purchase and Sale Agreement
4593 Pariet Street, Wheat Ridge
September 25, 2008
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(b) Real Property Transfer Declaration Form in form and having the substance
mutually acceptable to Buyer and Seller, fully executed by Buyer (the "Declaration");
(c) Such other funds, instruments or documents as may be reasonably
requested by Seller or the Title Company, or necessary, to effect or carry out the purposes of
this Agreement.
7.4 Title Company's Duties. On the Closing Date, the Title Company shall:
(i) record the General Warranty Deed in the real property records of the Office of the Jefferson
County Clerk and Recorder; (ii) file the Declaration with the Jefferson County Assessor;
(iii) disburse all funds in accordance with a settlement statement completed in accordance with
this Agreement and approved by Buyer and Seller; (iv) deliver the 1445 Affidavit to Buyer; and
(v) do such other items requested by Buyer and Seller, in writing, consistent with this
Agreement.
7.5 Proration and Adjustments. All real property taxes and assessments for
the Property for the current calendar year shall be prorated on the basis of square footage and
calendar days on and as of the Closing Date. Any such proration shall be deemed a final
settlement between the parties with respect to the item of income or expense relating thereto.
7.6 Closing Costs. Except as expressly provided in this Agreement, each
party shall bear it own costs and expenses (including attorneys' fees) in connection with its
negotiation, due diligence investigation and conduct of the Transaction. Buyer shall pay any
and all costs associated with the preparation of the Survey and the Title Policy, including the
costs, if any, for extended coverage or an encroachment endorsement to the Title Policy
required by Buyer. Recording fees shall be paid by Buyer. Notwithstanding the foregoing,
Seller shall pay all transfer, filing and conveyance fees and taxes, and any other similar fees or
taxes imposed by any governmental entity in connection with the Closing. All other costs
associated with the closing of the Transaction shall be borne by the Buyer.
7.7 Possession. Buyer shall be entitled to possession of the Property
immediately after the Closing.
8. SELLER'S REPRESENTATIONS. DECLARATIONS AND WARRANTIES.
Seller makes absolutely no representations, declarations or warranties, express or implied, with
respect to the Property or any other matter related to the execution of this Agreement except as
follows:
(a) Title. Seller holds good, marketable and indefeasible fee simple title to
the Property, subject only to the Permitted Exceptions, and, to Seller's knowledge, there are no
unrecorded agreements, leases, liens or encumbrances which may affect title to the Property;
(b) Binding Agreement. The acceptance and performance of the terms and
provisions of this Agreement have been duly authorized and approved by all necessary parties.
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Upon Seller's execution and delivery of this Agreement, this Agreement shall be binding and
enforceable against Seller in accordance with its terms;
(c) Litigation. To the best of Seller's knowledge there is no litigation,
arbitration or administrative proceeding pending or threatened against Seller with respect to the
Property or this Agreement, nor is there any basis for any such action or proceeding;
(d) Prior Agreement. Seller has not previously leased the Property to any
other party;
(e) Assessments. To the best of Seller's knowledge, Seller has not been
notified of contemplated improvements to the Property or the area surrounding the Property
which would result in the assessment of a special improvement or similar lien against the
Property. Except as disclosed in writing to Buyer prior to termination of the Inspection Period,
the Property is not subject to any agreement which would require the payment of homeowner's
association or similar fees;
(1) Mechanics' Liens. Seller has paid in full for all labor performed at,
professional services performed in respect to, and materials, machinery fixtures and tools
delivered to, furnished to, or incorporated into the Property, or which would otherwise give rise
to a lien or a right to lien the Property. Seller agrees to keep the Property free from any such
liens and to indemnify, defend, protect, and hold Buyer harmless from any such liens and all
attorneys' fees and other costs incurred by reason thereof during any period that Seller has had
any ownership interest in the Property;
(g) Seller's Information. To the best of Seller's knowledge, all documents
containing factual information to be delivered by Seller pursuant to or in connection with this
Agreement are and shall be true and correct and do not and shall not contain any untrue
statement of a material fact or omit to state any material fact the disclosure of which is
necessary to make the statements contained therein and herein, in light of the circumstances
under which they are made, not misleading;
(h) Use of Property. To the best of Seller's knowledge, Seller has not failed
to disclose to Buyer any fact known to Seller that would prevent Buyer from using and
operating the Property after Closing in the normal manner in which similar properties in the
area are operated;
(i) Property Taxes. Notwithstanding any other provisions of this Agreement
to the contrary, if Buyer shall become liable after the Closing for payment of any property taxes
assessed against the Property for any period of time prior to the Closing and/or any penalties
attributable to such property taxes, Seller shall immediately pay to Buyer on demand an amount
equal to such tax assessment and/or penalty;
Purchase and Sale Agreement
4593 Parfet Street, Wheat Ridge
September 25, 2008
Page 9 of 19 '
0) Attachment. There are no attachments, executions or assignments for the
benefit of creditors, receiverships, conservatorship or voluntary or involuntary proceedings in
bankruptcy or pursuant to any other debtor relief law which have been filed by Seller or are
pending in current judicial or administrative proceedings against Seller;
(k) Special Taxing Districts. Pursuant to C.R.S. § 38-35.7.101, Seller makes
the following disclosure with respect to special taxing districts:
SPECIAL TAXING DISTRICTS MAY BE SUBJECT TO GENERAL OBLIGATION
INDEBTEDNESS THAT IS PAID BY REVENUES PRODUCED FROM ANNUAL TAX
LEVIES ON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS. PROPERTY
OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK FOR INCREASED MILL
LEVIES AND EXCESSIVE TAX BURDENS TO SUPPORT THE SERVICING OF SUCH
DEBT WHERE CIRCUMSTANCES ARISE RESULTING IN THE INABILITY OF
SUCH A DISTRICT TO DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN
INCREASE IN MILL LEVIES. PURCHASERS SHOULD INVESTIGATE THE DEBT
FINANCING REQUIREMENTS OF THE AUTHORIZED GENERAL OBLIGATION
INDEBTEDNESS OF SUCH DISTRICTS, EXISTING MILL LEVIES OF SUCH
DISTRICT SERVICING SUCH INDEBTEDNESS, AND THE POTENTIAL FOR AN
INCREASE IN SUCH MILL LEVIES.
(1) Source of Potable Water. Pursuant to C.R.S. § 38-35.7.104, Seller makes
the following disclosure with respect to the source of potable water for the Property:
THE SOURCE OF POTABLE WATER FOR THIS REAL ESTATE IS A WATER
PROVIDER, WHICH CAN BE CONTACTED AS FOLLOWS: Valley Water District,
12101 W. 52'd Avenue, Wheat Ridge, Colorado 80033-1911; 303-424-9661
SOME WATER PROVIDERS RELY, TO VARYING DEGREES, ON
NONRENEWABLE GROUND WATER. YOU MAY WISH TO CONTACT YOUR
PROVIDER TO DETERMINE THE LONG-TERM SUFFICIENCY OF THE
PROVIDER'S WATER SUPPLIES.
9. BUYER'S REPRESENTATIONS AND WARRANTIES. Buyer hereby
represents, warrants and covenants to Seller that:
(a) Organization and Standing. Buyer is a Colorado home rule municipal
corporation with the authority to transact business in the State of Colorado and has full power
and authority to enter into this Agreement and complete the Transaction; and
(b) Binding Agreement. The acceptance of the terms and provisions of this
Agreement and the performance thereof have, or will have, been duly authorized and approved
Purchase and Sale Agreement
4593 Parfet Street, Wheat Ridge
September 25, 2008
Page 10 of 19
10
by all necessary parties. Upon execution and delivery of this Agreement by Buyer, this
Agreement shall be binding and enforceable against Buyer in accordance with its terms.
(c) No Warranties. Subject to Buyer's rights pursuant to Paragraph 5 hereof,
Buyer is purchasing the Property in its "AS, WHERE IS" and "WITH ALL FAULTS"
condition, with all faults and without warranty or representation except as expressly set forth in
this Agreement;
(d) Reliance. Buyer is relying solely on its own investigation of all matters
relating to the Property and is not relying upon any materials or information, whether oral or
written, regarding the Property that were received from Seller, agents, representatives or
attorneys;
(e) Liti ag tion. To the best of Buyer's knowledge, there is no litigation,
arbitration or administrative proceeding pending or threatened against Buyer that could or might
affect Buyer's ownership and title in the Property or that could or might materially affect
Buyer's ability to perform its obligations under this Agreement, nor is there any basis for any
such action or proceeding.
10. CONDITION PRECEDENT; SURVIVAL OF REPRESENTATIONS AND
WARRANTIES. The truth of the representations, declarations and warranties set forth in
Paragraph 8 of this Agreement on and as of the date hereof and on and as of the Closing shall be
a condition precedent to Buyer's obligations to purchase the Property and otherwise perform
under this Agreement. The truth of the representations and warranties set forth in Paragraph 9 of
this Agreement on and as of the date hereof and on and as of the Closing shall be a condition
precedent to Seller's obligations to sell the Property and otherwise perform under this
Agreement. All representations, declarations and warranties by Seller and Buyer set forth in this
Agreement shall survive the execution and delivery of this Agreement, the recordation of the
General Warranty Deed and the Closing
11. BROKER'S COMMISSION. Concerning any brokerage commission, Seller and
Buyer agree as follows:
(a) Seller and Buyer warrant, each to the other, that they have not dealt with
any finder, broker or realtor in connection with the Transaction;
(b) Seller shall and does hereby indemnify Buyer against, and agrees to hold
Buyer harmless for and from any claim, demand or suit for any brokerage commission, finder's
fee or similar charge in respect of the execution of this Agreement or the Transaction based on
any act by or agreement or contract with Seller, and for all losses, obligations, costs, expenses
and fees (including attorneys' fees) incurred by Buyer on account of or arising from any such
claim, demand or suit; and
Purchase and Sale Agreement
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September 25, 2008
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11
(c) Buyer shall and does hereby indemnify Seller against, and agrees to hold
Seller harmless for and from any claim, demand or suit for any brokerage commission, finder's
fee or similar charge in respect of the execution of this Agreement or the Transaction based on
any agreement or contract with Buyer, and for all losses, obligations, costs, expenses and fees
(including attorneys' fees) incurred by Seller on account of or arising from any such claim,
demand or suit.
12. REMEDIES.
12.1 Buyer's Remedies. If Seller fails to perform any of Seller's obligations
under this Agreement, except Seller's obligation to proceed with the Closing, and such failure
continues for five (5) Business Days after Seller's receipt of notice from Buyer, then Buyer
may, as Buyer's sole remedies for such failure, pursue any one of the following: (i) waive such
failure and proceed to consummate the Transaction (provided that in no event shall Buyer have
the right to waive any of Seller's conditions precedent hereunder); or (ii) seek specific
performance of the Seller's obligations hereunder together with reasonable attorneys' fees at all
trial and appellate levels reasonably incurred to obtain specific performance. In no event shall
Buyer be entitled to recover any other monetary damages against Seller due to any such failure
of Seller to perform hereunder the same being expressly waived by the execution hereof. Buyer
expressly waives additional damages in any form including special, consequential, punitive,
exemplary or economic, including lost profits.
12.2 Seller's Remedies. If Buyer fails to perform any of Buyer's obligations
under this Agreement, except Buyer's obligation to proceed with the Closing, and such failure
continues for five (5) Business Days after Buyer's receipt of notice from Seller, then Seller shall
be entitled to cancel this Agreement . Seller and Buyer agree that actual damages would be
difficult to calculate and that the Earnest Money Deposit is a reasonable estimate of the
damages Seller will incur in the event of a default by Buyer. In no event shall Seller be entitled
to recover any other monetary damages against Buyer due to any such failure of Buyer to
perform hereunder the same being expressly waived by the execution hereof. Seller expressly
waives additional damages in any form including special, consequential, punitive, exemplary or
economic, including lost profits.
13. CANCELLATION. If this Agreement is to be cancelled pursuant to the
provisions hereof, such cancellation shall be effected by the canceling party giving notice of the
cancellation to the other party. Upon such cancellation, the non-canceling party shall return all
those documents that are to be returned upon termination of this Agreement to the other party
Upon such delivery documents, this Agreement shall be deemed cancelled and terminated, and
except as provided in Paragraph 23 of this Agreement, neither party shall have any further
obligations hereunder.
14. ATTORNEYS' FEES. If there is any litigation between Seller and Buyer to
enforce or interpret any provisions hereof or rights arising hereunder, the unsuccessful party in
such litigation, as determined by the court, shall pay to the successful party, as determined by the
12
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September 25, 2008
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court, all costs and expenses, including but not limited to reasonable attorneys' fees incurred by
the successful party, such fees to be determined by the court sitting without a jury.
15. NOTICES. Except as otherwise required by law, any notice given in connection
with the Transaction shall be in writing and shall be given by personal delivery, overnight
courier service, telecopy, or United States certified or registered mail, return receipt requested,
postage prepaid, addressed to Seller or Buyer at the addresses set forth below (or at such other
address as Seller or Buyer or the person receiving copies may designate in writing). Notice shall
be deemed to have been received on the date on which notice is delivered, if notice is given by
personal delivery or telecopy, on the day after the delivery to the overnight courier service, if
such a service is used, on the earlier of actual receipt or the third day after deposit in the mail, if
mailed.
SELLER: George Lester Williams
8468 W. 75" Way
Arvada, Colorado 80002
Telephone No.: 303423-8566
Allen Eugene Williams
5192 Braun Street
Arvada, Colorado 80002
Telephone No.: 303424-1939
BUYER: City of Wheat Ridge, Colorado
7500 W. 29th Avenue
Wheat Ridge, Colorado
Attention: G. Randy Young, City Manager
Telephone No.: 303.234.2819
Fax No.: 303.234.5924
WITH A
COPY TO: Murray Dahl Kuechenmeister & Renaud LLP
2401 15th Street, Suite 200
Denver, Colorado 80202
Attention: Gerald E. Dahl
Telephone No.: 303.493.6686
Fax No.: 303.477.0965
16. ADDITIONAL ACTS. The parties agree to execute promptly such other
documents and perform such other acts as may be reasonably necessary to carry out the purpose
and intent of this Agreement.
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17. GOVERNING LAW. This Agreement shall be governed by, and construed and
enforced in accordance with, the laws of the State of Colorado.
18. TIME OF ESSENCE. Time is of the essence of this Agreement. However, if this
Agreement requires any act to be done or action to be taken on a date which is not a Business
Day, such act or action shall be deemed to have been validly done or taken if done or taken on
the next succeeding Business Day.
14. WAIVER. The waiver by any party hereto of any shall not be deemed to be a
waiver of any other right granted hereunder, nor shall the.same be deemed to be a waiver of a
subsequent right obtained by reason of the continuation of any matter previously waived.
20. SURVIVAL. All of the covenants, agreements, representations and warranties set
forth in this Agreement shall survive the Closing for a period of one (1) year, and shall not merge
into any deed, assignment or other instrument executed or delivered pursuant hereto. All claims
for breach of any covenants, agreements, representations and warranties must be made in writing
during such one (1) year period or shall be deemed waived.
21. COUNTERPARTS. This Agreement may be executed in counterparts, each of
which shall be deemed an original, but all of which shall constitute one and the same instrument.
22. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon and
inure to the benefit of the parties hereto and their respective, heirs, successors and assigns.
23. ENTIRE AGREEMENT. This Agreement sets forth the entire understanding of
the parties with respect to the matters set forth herein as of the date hereof; it supersedes all prior
oral or written agreements of the parties as to the matters set forth herein; and it cannot be altered
or amended except pursuant to an instrument in writing, signed by each of the parties hereto.
24. CONSTRUCTION. This Agreement is the result of negotiations between the
parties, neither of whom has acted under any duress or compulsion, whether legal, economic or
otherwise. Accordingly, the terms and provisions hereof shall be construed in accordance with
their usual and customary meanings. Seller and Buyer hereby waive the application of any rule
of law which otherwise would be applicable in connection with the construction of this
Agreement that ambiguous or conflicting terms or provisions should he construed against the
party who (or whose attorney) prepared the executed Agreement or any earlier draft of the same.
25. INTERPRETATION. If there is any specific and direct conflict between, or any
ambiguity resulting from, the terms and provisions of this Agreement and the terms and
provisions of any document, instrument or other agreement executed in connection herewith or
in furtherance hereof, including any exhibits hereto, the same shall be consistently interpreted in
such manner as to give effect to the general purposes and intention as expressed in this
Agreement, which shall be deemed to prevail and control.
Purchase and Sale Agreement
4593 Parfet Street, Wheat Ridge
September 25, 2008
Page 14 of 19
14
26. HEADINGS. The headings in this Agreement are for reference only and shall not
limit or define the meaning of any provision of this Agreement.
27. NO THIRD PARTY BENEFICIARY. No term or provision of this Agreement or
the exhibits hereto is intended to be, nor shall any such term or provision be construed to be, for
the benefit of any person, firm, corporation or other entity not a party hereto (including, without
limitation, any broker), and no such other person, firm, corporation or entity shall have any right
or cause of action hereunder.
28. SEVERABILITY. If any provision of this Agreement or any portion of any
provision of this Agreement shall be deemed to be invalid, illegal or unenforceable, such
invalidity, illegality or unenforceability shall not alter the remaining portion of such provision, or
any other provision hereof, as each provision of this Agreement shall be deemed severable from
all other provisions hereof.
29. INCORPORATION BY REFERENCE. All exhibits to this Agreement are fully
incorporated herein as though set forth herein in full.
SELLER:
GEORGE LESTER WILLIAMS and ALLEN
EUGENE WILLIAMS, as co-tenants
By: Y.'~✓.c 2
Name: George Lester Williams
c
By: are- E eve- , .G a
Name: Allen Eug e Williams
15
Purchase and Sale Agreement
4593 Parfet Street, Wheat Ridge
September 25, 2008
Page 15 of 19
BUYER:
Exhibit A Legal Description
Exhibit B General Warranty Deed
Purchase and Sale Agreement
4593 Parfet Stred, Wheat Ridge
September 25, 2008
Page 16 of 19
CITY OF WHEAT RIDGE, COLORADO,
Colorado home rule municipal corporation
By:
Name:
List of Exhibits
l6
EXHIBIT A
Legal Description of Property
The western 255 feet, totaling approximately 1.5 acres more or less, of the following described real
property located in Jefferson County, State of Colorado:
That part of the NE'/< of Section 21, Township 3 South, Range 69 West, described as follows:
Beginning at a point on the West boundary lines of the NE NW of Said Section 21, 1029 feet
South of the Northwest corner of said NE NW of said Section 21, thence South along said West
line 254 feet, thence East at right angles 742 feet, thence North at right angles 254 feet, thence West
at right angles 742 feet to place ofbeginning. .
Except right of way in Book 259 page 92.
A-1
EXHIBIT B
When recorded, return to:
Attn:
GENERAL WARRANTY DEED
THIS DEED is made this- day of , 20_, between the GEORGE
LESTER WILLIAMS and ALLEN- EUGENE WILLIAMS ("Grantor") and THE CITY OF
WHEAT RIDGE, COLORADO, a Colorado home rule municipal corporation ("Grantee").
Collectively, Grantor and Grantee may be referred to as the "Parties."
WITNESSETH, that Grantor for and in consideration of Two Hundred Ten Thousand
and No One Hundredths Dollars ($210,000.00) and other good and valuable consideration, the
delivery, receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold
and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto Grantee,
its successors and assigns forever, the real property, together with improvements, if any, situate
in the City and County of Denver, State of Colorado, more particularly described on Exhibit A,
attached hereto and fully incorporated herein by this reference (the "Property").
TOGETHER with all and singular the hereditaments and appurtenances thereto
belonging, or in anywise appertaining, and the reversion and reversions, remainder and
remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim, and
demand whatsoever of Grantor, either in law or equity, of, in and to the Property with the
hereditaments and appurtenances.
TO HAVE AND TO HOLD the Property above bargained and described with the
appurtenances, unto Grantees, their successors and assigns forever. Grantor, for itself and its
successors and assigns, does covenant, grant, bargain and agree to and with the Grantee, its
successors and assigns, that at the time of ensealing and delivery of these presents, it is well
seized of the Property, has good, sure, perfect, absolute and indefeasible estate of inheritance, in
law, in fee simple, and has good right, full power and authority to grant, bargain, sell and convey
the same in manner and form as aforesaid, and that the same are free and clear from all former
and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of
whatever kind or nature whatsoever, except for taxes for the current year, a lien but not yet due
and payable; easements, restrictions, reservations, covenants, and rights-of-way of record, if any,
and any lien or encumbrance created by action of Grantee.
Grantor shall and will WARRANT AND FOREVER DEFEND the Property in the quiet.
and peaceable possession of the Grantee, its successors and assigns, against all and every person
or persons lawfully claiming the whole or any part thereof.
The singular number shall include the plural, and the plural the singular, and the use of
any gender shall be applicable to all genders.
IN WITNESS WHEREOF, the Grantor has hereto executed this Deed as of the day first
above written.
GRANTOR:
Name:George Lester Williams
STATE OF COLORADO )
ss.
COUNTY OF JEFFERSON )
The foregoing instrument was acknowledged before me this _ day of
, 20~ by George Lester Williams.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
date and year herein above written.
(SEAL)
Notary Public
Rv:
Name: Allen Eugene Williams
STATE OF COLORADO )
) ss.
COUNTY OF JEFFERSON )
The foregoing instrument was acknowledged before me this _ day of
, 20_, by Allen Eugene Williams.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
date and year herein above written.
(SEAL)
Notary Public
My commission
B-2
e~~e
City of
~WheatRdpre
ITEM NO:
REQUEST FOR CITY COUNCIL ACTION
COUNCIL MEETING DATE: October 27, 2008
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: A J❑ YES
Community
® NO
City M er
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 fixture, 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
reasons
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
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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,
(either jointly 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 Website
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
indicated on the project schedule.
Direct Notification
We propose up to three project newsletters, as
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
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 Scenarios)
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 future-and 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;
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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
ana
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;
• Participate 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.
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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.
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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 attend 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.
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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.
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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.
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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.
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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
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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 carry 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;
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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.
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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 draft Plan. 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 & 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
TO the city uouncii for consideration
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.
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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 FEHR & 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
2008 2009
Steps
Oct Nov Dec Jan Feb Mar Ayr May I Jun I Jul Aug Sept OM I Nov
Part I
Protect Start-Up and Profile
L
Part 2
Vision and Goals
Part 3
Plan Future Land Use Plan and Elements
Part 4:
Implement -Plan Implementation
~
Part 5:
Draft and Final Plan and Adoption
tS
NewdeOers/ Newspaper Media
11
CLARION I FEHR & PEERS I ARLAND 20
City of
~~WheatR:idge
ITEM NO:
REQUEST FOR CITY COUNCIL ACTION
k`u':',
1 II i f
5
COUNCIL MEETING DATE: October 27, 2008
TITLE: APPROVE AWARD ITB-08-33 2008 MISCELLANEOUS
DRAINAGE PROJECT IN THE TOTAL AMOUNT NOT-TO-
EXCEED $100,324.00
❑ PUBLIC HEARING
® BIDS/MOTIONS
❑ RESOLUTIONS
Quasi-judicial:
❑ ORDINANCES FOR 1sT READING (mm/dd/yyyy)
❑ ORDINANCES FOR 2ND READING (mm/dd/yyyy)
❑ YES
flu.6'
Or Director of Public Works
EXECUTIVE SUMMARY:
® NO
City M a er
The 2008 Miscellaneous Drainage Improvement Project consists of an irrigation culvert
crossing replacement on 38th at Robb Street, pipe cleaning and a manhole installation on the
Youngfield Plaza storm outfall and storm sewer realignment on Van Gordon Street south of
44th Avenue.
On October 14, 2008, five (5) bids were received. All bids met the initial bid requirements.
The apparent low bidder was Goodland Construction, Golden, CO in the corrected total base
bid amount of $100,324.00. References and experience were evaluated and approved by the
Public Works Department. Staff recommends awarding the project to the lowest responsive
and responsible bidder, Goodland Construction, in the total base bid amount of $100,324.00.
Staff also requests approval of a standard 10% contingency reserve, which would encumber a
total of $110,356.40 for this project.
COMMISSION/BOARD RECOMMENDATION:
N/A
STATEMENT OF THE ISSUES:
Bids for the 2008 Miscellaneous Drainage Improvement Project, #D-01-08 were opened on
October 14, 2008. Five (5) bids were received. The bids were comprised of four parts; Base
Bid and Alternate Bid 1 through Alternate Bid 3. The base bid will replace culvert crossing on
38s` Avenue at Robb Street, remove line debris and install a manhole to the Youngfield Plaza
outfall and realign existing storm sewer on Van Gordon Street. Alternate 1 would extend a
culvert crossing of the Rocky Mountain Ditch at Chase Street. Alternate 2 would extend a
culvert crossing of the Rocky Mountain Ditch at Fenton Street. Alternate 3 would extend a
culvert crossing of the Rocky Mountain Ditch at Depew Street. Bid results compared with
engineer estimates are as follow:
Bid Ranges
Engineer Estimate
Base Bid:
Site A $44,998.00 - $63,380.00
$52,225.00
Site B $23,738.50 - $36,644.00
$24,123.00
Site C $31,587.50 - $42,521.00
$31,065.00
Total $100,324.00 - $138,100.00 $107,413.00
Alternative:
91 $38,070.00 - $65,198.00 $36,446.00
#2 $16,762.50 - $34,554.00 $17,420.00
#3 $17,952.50 - $34,599.00 $18,280.00
Due to budget limitation, staff recommends that only the base bid be selected for construction,
deferring all three bid alternatives.
The lowest responsible and responsive bidder, Goodland Construction of Golden, Colorado,
has met the bid and qualification requirements. Based upon the contractor's demonstrated
capabilities and experience on previous projects, Staff recommends award to Goodland
Construction.
ALTERNATIVES CONSIDERED:
No award and 2008 Miscellaneous Drainage Improvement Project will not be accomplished.
FINANCIAL IMPACT:
Funding for this program has been approved in the 2008 Capital Improvement Program budget
as the Miscellaneous Drainage Improvements Project line item in the amount of $120,000.00.
RECOMMENDED MOTION:
"I move to award ITB-08-33, 2008 Miscellaneous Drainage Improvement Project, to
Goodland Construction, of Golden, Colorado in the amount of $100,324.00.
I further move that a contingency amount of $10,032.40 be approved.
I further move that the Director of Public Works be authorized to issue change orders up to a
total contract and contingency amount of $110,356.40.
I further move that all costs associated with this contract be paid from account number 30-
302-800-833, 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-08-33, 2008 Miscellaneous Drainage Improvement Project for
the following reason(s)
Report Initiated by: Steve Nguyen, Engineering Manager
Report Prepared by: Tim Paranto, Director of Public Works
Reviewed by: Linda Trimble, Purchasing Agent
ATTACHMENTS:
1. 2008 Capital Investment Program
2. Project Location Map
3. Bid Tabulation Sheet
CITY OF WHEAT RIDGE
2007 CAPITAL INVESTMENT PROGRAM (CIP)
193
ATTACHMENT I
Capital Investment Program
DPW DRAINAGE
2.
Miscellaneous Drainage Improvements Projects
2007 Budget: $115,000
Description: Repair or replace various culverts carrying irrigation ditch water under City
streets. Following the development of an inventory and inspection of ditch crossings a priority
list will be developed.
Justification: The City is responsible for maintaining the integrity of culverts used to transport
irrigation ditch water under streets. Historically, repairs have been made after pipelines have
failed. Periodic inspections of many of these old culverts indicate failure may occur at any
time. Emergency repairs are more costly and disruptive than scheduled repair or replacement.
DPW STREETS
Minor Street Improvement Projects 2007 Budget: $385,000
Description: This budget line item reserves funds for construction of sidewalks over the
Rocky Mountain Ditch at Harlan Street, along with reconstruction of 33'Avenue between
Fenton Street and Depew Street.
Justification: The existing wooden footbridge over the Rocky Mountain Ditch at Harlan Street
is unsafe and has been closed. 331 Avenue, from Fenton Street to Depew Street is seriously
deteriorated because of poor stormwater drainage and warrants construction of curb and total
pavement reconstruction.
32ndAvenue and Youngfield Street Improvements
2007 Budget: $2,000,000
3.
Description: Participate in the widening of 32ndAvenue and Youngfield Street as outlined in the
I-70/32ndAvenue Interchange Environmental Assessment.
Justification: The transportation improvements identified in the EnvironmentalAssessment are
required to service the traffic generated from the new Cabela's Shopping Center.
Hotel/Motel District Pedestrian Improvements
2007 Budget: $200,000
Description: Construction of City monument entry signs and landscaping at the off-ramps at the
I-70/Kipling Interchange will be accomplished.
Justification: Appropriate identification of entry to Wheat Ridge at a major gateway to City and its
Hotel/Motel district is warranted.
194
4.
5.
6.
Public Improvements Projects, Development Driven
Capital Investment Program
2007 Budget: $85,000
Description: Upcoming developments may require City-financed street improvements.
Justification: Contingent funding should be provided for special project needs.
Street Light Installation
2007 Budget: $6,000
Description: Installation of new streetlights requested by citizens and approved by the Public
Works Department.
Justification: New street lighting is provided to accommodate areas of the City which require
additional lighting for safety or as otherwise justified by the City.
Street Preventative Maintenance Projects
2007 Budget: $1,250,000
Description: The annual street preventative maintenance work and costs are as follows:
Concrete replacement area:
Replace broken, distorted and non-compliant concrete curbs, sidewalks
and handicap ramps on streets included in the asphalt resurfacing project
$ 50,000
Asphalt patching and overlay area:
3 8th Avenue, Kipling to Youngfield
50th Avenue, Independence to Kipling
Crack/slurry sealing area:
West of Wadsworth Boulevard by priority
$ 950,000
$ 250,000
Justification: Preventative street maintenance work is required to replace defective concrete,
replace or add to pavement surface by an asphalt overlay, patch isolated structural failures in
existing asphalt streets, waterproof and improve the texture of asphalt wearing surfaces by a
slurry seal coat and reduce water infiltration under pavements by sealing cracks. Preventative
maintenance prolongs the useful life of streets and sidewalks and reduces the costly alternative
of reconstructing streets.
195
Capital Investment Program
DPW TRAFFIC
1. Neighborhood Traffic Management Projects 2007 Budget: $30,000
Description: Four speed boards will be installed at two locations.
Justification: Electronic speed boards will be installed at two locations that have a history of
excessive speeding.
PARKS AND RECREATION CAPITAL PROJECTS
Parking Lots and Drives Improvements 2007 Budget: $90,000
Description: The Randall Park parking lot will be repaired.
Justification: The parking lot is deteriorated and requires maintenance.
ECONOMIC DEVELOPMENT
Wheat Ridge Business District 2007 Budget: $40,000
Description: Financial assistance for the operation of the Wheat Ridge Business District.
Justification: Assist in the revitalization ofthe commercial sections ofthe City.
MUNICIPAL CAPITAL PROJECTS
City Hall Improvements 2007 Budget: $335,000
Description: The HVAC hot water system boilers are scheduled for replacement in the last
phase of the HVAC replacement project. Funds are also reserved for remodeling of the Police
records office, Police evidence room and main lobby. The east City Hall parking lot will be
reconstructed.
Justification: The heating and air conditioning system at City Hall was essentially the original
equipment prior to the recent HVAC replacement program. The controls for the equipment
were replaced as a 2004 CIP project as phase 1 of a HVAC replacement plan. In 2005 and 2006,
Phase 2 consisted ofreplacing the chilled water system. The final phase of the project will replace
the hotwater heating equipment.
A 2005 evaluation of the Police Department Property/Evidence function identified several
deficiencies. The Police evidence room will be upgraded to national standards. The Police
main floor records storage room will be expanded to allow for the storage of all police case
report files held on the main floor.
196
Capital Investment Program
The main lobby of City Hall will be remodeled to improve its appearance and functionality.
The driveway and parking lots at City Hall were evaluated in 2004 and found to have substantial
damage and inadequate drainage and subgrades. Replacement ofthe pavement was proposed in
phases over two years. The main driveway and west parking lot were repaired in 2006.
Reconstruction ofthe west parking lot is scheduled for 2007.
2. Telephone System Replacement
2007 Budget: $325,000
Description: A new Voice over Internet Protocol (WIP) phone system will be purchased and
installed citywide. The estimated cost ofthis project will include hardware, software and support. A
WIP telephony solution allows for a greater return on investments by adding new advanced
features, consolidating support, converging to the telephone-data network, and centralizing
configuration and administration; all in an effortto increase productivity without adding additional
staff.
Justification: The existing voice mail Mitel Mail application, hardware and operating system that
service both City Hall and the Recreation Center are no longer supported by Mitel. It is inevitable
that the current phone system be replaced as it has undergone two major upgrades in 1999 and
2003 and has reached its full capacity and functionality. The skeleton ofthe system currently in use
has been in place since the late 1980's.
3. GIS Updates
2007 Budget: $200,000
Description: GIS aerial and topographic maps will be developed. The street rights-of-way
layer will also be created in phase 1.
Justification: There is great need to develop a GIS for use by all departments in the City. The
GIS will be a valuable aid in advancing work and responding to requests for information from
the public.
197
Capital Investment Program
2007 Proposed Budget
198
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