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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. s~~a City of ]grWheatPdge 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 2 Purchase and Sale Agreement 4593 Parfet Street, Wheat Ridge September 25, 2008 Page 2 of 19 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. 3 Purchase and Sale Agreement 4593 Parfet Street, Wheat Ridge September 25, 2008 Page 3 of 19 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. 4 Purchase and Sale Agreement 4593 Parfet Street, Wheat Ridge September 25, 2008 Page 4 of 19 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 Purchase and Sale Agreement 4593 Parfet Street, Wheat Ridge September 25, 2008 Page 5 of 19 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 Page 6 of 19 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 Page 7 of 19 (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. 8 Purchase and Sale Agreement 4593 Parfet Street, whet Ridge September 25, 2008 Page 8 of 19 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 4593 Parfet Street, Wheat Ridge September 25, 2008 Page 1 I of 19 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 Purchase and Sale Agreement 4593 Parfet Street, Wheat Ridge September 25, 2008 Page 12 of 19 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. 13 Purchase and Sale Agreement 4593 Parfet Street, Wheat Ridge September 25, 2008 Page 13 of 19 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 W aO aQ W J S~ ~a LL H 00 Um 1-1 i a C CL ~ m o > ~ o h W 'O w c j O ~ l< a - Q , O ° 0 N ? zao ~ 0 o~ . m N co 0 13 z a0 4 00 C 0 ~O on rd 00 mW m° rcU W Q O CL a w! z W Z NW w a 0 V U W O w a V J z w J N Q a > z CJ Z W W H O U O a v w - O RY D w Q z ~ ¢ a v w U 0 0 ¢ a LL z :2 U U H W U N d' a d w w w w > ° o tq ti Q LL U 9 N F m N W i i V i i i I Q ~ I w GZ 20 F~ a w= s ~m a LL F On m U a. D CL ~ m m ~ Z ~ N W W C a O ~ Q. O N O G Z~ W a m f o> w N r OD 0 ODD A0 i CC wa a m O w m m y G n Q m m w U W H a 0 IL a J IL W M Z w s w w a 0 U U W O CL a v Z W J N Q U J Z ~ N O W J U o a U W O w LL of z W0. Q d U w u8 z o W Q U `8 z ~ V Z Q IL W p-' w y U 111 0. w w U > o CO) li H Q LL 9 d N H m N O 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; CLARION I PEHR & PEERS I ARLAND Comprehensive Plan for Wheat Ridge, Colorado - Scope of Work Community and development needs and barriers (as identified in developer/broker interviews); Potential land area needed to accommodate future growth in population and jobs; Potential market opportunities and niches; and Other information relevant to the development of the land use planning scenarios (Task 7) TASK 4: MEETINGS AND OUTREACH 4.1 - CAC #2 Meeting The consultant will prepare for and facilitate this CAC meeting to review and discuss the Community Profile and to discuss initial data and other findings. The consultant will provide the issues outline and the draft analysis materials to staff prior to the meeting. 4.2 - TAC #1 Meeting The consultant will prepare for and facilitate this TAC meeting to review and discuss the Community Profile and to discuss initial data and other findings. 4.3 - Joint Study Session The consultant will prepare for and facilitate a joint study session with the City Council and Planning Commission to discuss the project scope, schedule, profile information, and begin 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. CLARION I FEHR & PEERS I ARLAND Comprehensive Plan for Wheat Ridge, Colorado - Scope of Work PART 2: VISION AND GOALS Purpose: The consultant will work with the community and use existing plans and documents to create a community-driven vision and goals. The Vision and Goals will be the foundation and guide for preparing the elements of the Comprehensive Plan later on. TASK 5: DEFINING COMMUNITY VISION AND GOALS 5.1 - Confirm Vision and Goals and Plan Concepts The consultant will first hold a work session with the CAC, using the 2000 Plan, issues paper, NRS, subarea plans, and other background sources to develop the draft vision and goals (or "big ideas") for the plan. Once we prepare a draft document, it will circulate for public review and feedback from the community (including via on-line polling). The consultant will begin to discuss the physical land use plan at this stage, developing broad concepts for discussion. 5.2 - Refine Vision and Goals and Concepts The consultant will refine the vision and goals and concepts, based on the workshop and feedback from the officials' meetings in Task 6, below. Later in the planning process, we will assemble the results from this task into relevant chapters of the plan. TASK 6: MEETINGS AND OUTREACH 6.1 - CAC #3 Meeting The consultant will prepare for and facilitate this meeting to review and discuss the vision and goals and begin to discuss plan concepts and key choices and economic development analysis to prepare for the community vision workshop. (See Tasks 7.1 through 7.2A below.) 6.2 - Community Vision Workshop The consultant will prepare and facilitate a community workshop to discuss the vision and goals. Using a variety of techniques, including photo visual preference, and building on existing NRS and sub-area plans, the team will determine with the public what is important to "preserve" or retain, and "change" or add as Wheat Ridge grows. The team will also begin to discuss areas of change and stability and land use concepts or choices. The team will also solicit direction from the community on sidewalk policies and bicycle and pedestrian project priorities. 6.3 - Joint City Council and Planning Commission Study Session Following the other events in Task 6, the consultant will prepare a presentation for the elected and appointed officials to update them on the process, discuss the draft of the vision and goals and outcomes from the community workshop, and begin to discuss alternative concepts to be addressed in the next phase of work. CLARION I FEHR & PEERS I ARLAND Comprehensive Plan for Wheat Ridge, Colorado - Scope of Work PART 2 - SUMMARY OF DELIVERABLES AND MEETINGS Consultant will provide the following deliverables: • Draft Vision and Goals and refined version; • Alternative plan concepts for discussion; • Materials for CAC #3 meeting; • Materials for Community Vision Workshop; and • Materials and/or PowerPoint for Joint Study Session. Consultant will: • Prepare for and 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. CLARION I FEHR & PEERS I ARLAND 10 Comprehensive Plan for Wheat Ridge, Colorado - Scope of Work PART 3: PLAN - FUTURE LAND USE PLAN AND ELEMENTS Purpose: Part 3 includes development and evaluation of key choices (or scenarios) for land use, along with the preparation of each of the plan's discrete elements. The team will evaluate the implications and consequences of key choices (or scenarios) within the context of the community's vision and goals and determine a preferred direction based on community feedback and implications of each choice on utilities, transportation, environment, and other plan goals. Finally we will prepare a draft future land use map and prepare a coordinated set of plan elements that will support the vision. (Note: Depending on how the vision takes shape, the plan elements may be either traditional, as listed below, or more theme-based. The plan will address all the topics identified under the elements but not necessarily in the order presented below.) TASK 7: LAND USE ELEMENT (INCLUDING KEY CHOICES) 7.1 - Key Choices for Land Use (or Scenarios) The consultant will prepare key choices (or up to three scenarios) for future development, infill, and reuse within Wheat Ridge. Due to the constraints of existing land use patterns, key choices will primarily focus on those areas where vacant land is available for development and areas where changes to existing land use patterns and/or reuse of land are likely to occur or are desirable, as determined during Task 3.4). Specific emphasis will be placed on key choices for each of the focus areas, including: • Areas of stability/areas of change; • Wadsworth Corridor; • Cabela's site; • FasTracks Gold Line station area; • Town Center location; • Corridors for redevelopment opportunities; and • Other focus areas (subarea and corridors plans, neighborhoods). 7.2 - Key Choices Analysis The consultant will prepare analysis of the key choices based on how well each one meets the community's vision and goals (determined in Task 5). 7.2A -Economic Development Analysis There may be the need to further analyze future market potentials in individual focus areas. In addition to providing a more focused market analysis or identifying future development potentials, there may also be the need to identify how market conditions might need to change in order to facilitate the type of development desired by the community. Examples might include identifying how the market area would need to grow or add more population through additional density in order to justify additional commercial services, necessary infrastructure improvements or needed policy changes. CLARION I FEHR & PEERS I ARLAND Comprehensive Plan for Wheat Ridge, Colorado - Scope of Work 7.3 - Preferred Plan Following workshops with the community and other feedback via the website and committees, the consultant will prepare a preferred plan and "best practice" recommendations for land use and urban design. The preferred plan will likely include components of the key choices or scenarios from Task 7.1 and will incorporate economic projections and transportation options (from Part 2). This land use and design element of the plan should help Wheat Ridge to distinguish itself from surrounding communities and be a leader as a livable community with high quality urban design and innovative and sustainable land use policies. This element of the plan will be the foundation for establishing rational and cohesive land use categories, zoning districts, and standards and for determining if additional zoning districts, design guidelines, or sustainability provisions should be added to the code. TASK 8: ECONOMIC DEVELOPMENT / MARKETING ELEMENT 8.1 - Draft Economic Development / Marketing Element The Economic Development/Marketing Element will address: • Opportunities and Niches for Wheat Ridge: Identification and discussion of potential land use opportunities and niches (as identified in Task 3 and a report to explore possible niches appropriate to the area), • Economic Development Needs/Barriers: Identification of community needs/barriers to economic development, to be fleshed out during discussion with staff and the community in earlier tasks, and to be performed through research, • Potential Redevelopment Sites: Potential redevelopment sites (identified through earlier Tasks 3 and 7, including land use analysis and discussions with the community), and • Financing tools: Consultant will prepare a summary of possible financing tools. TASK 9: TRANSPORTATION ELEMENT 9.2 - Draft Transportation Element The Transportation Element will carry forward the transportation element from the 2000 Plan and address: Sidewalk Policies - this section will address policies related to sidewalks in the City such as maintenance responsibility, types of streets where sidewalks are desirable, design considerations and when sidewalks are required. Transit Connections and Utilization - this section will address FasTracks Gold Line issues, general connectivity to rail service, and strategies to leverage the existing local bus service. State Highways - this section will discuss the relationship of State Highways to City development in light of the land use alternatives, Metro Vision concepts, and recent studies for each of the State Highway facilities in the City. CLARION I FEHR & PEERS I ARLAND 12 Comprehensive Plan for Wheat Ridge, Colorado - Scope of Work Roadway Network and Connectivity - this section will address the street classification system, east/west and north/south connectivity, discuss the potential for additional grid connections, and address network/roadway spacing questions. Right of Way and Streetscape - this section will address redevelopment and streetscape changes in the context of the Streetscape Manual, right of way constraints, and parcel depth considerations. Multimodal Transportation Priorities - this section will build on the Adopted City Bike/Pedestrian Master Plan to address the priority projects for bicycle and pedestrian improvements. CLARION I FEHR & PEERS I ARLAND 13 Comprehensive Plan for Wheat Ridge, Colorado - Scope of Work TASK 10: COMMUNITY CHARACTER AND DESIGN ELEMENT 10.1 - Draft Community Character and Design Element This element will address: • Community character, • Urban design, and • Other related topics. TASK 1 1 : COMMUNITY AMENTIES ELEMENT 11.1 - Draft Community Amenities Element This element will address: • Public facilities, including analysis of City Hall, library, and justice center, • Identification of opportunities and needs for parks, open space, and natural areas, • Utilities, • Housing, and • Other related topics. TASK 12: ENVIRONMENTAL STEWARDSHIP ELEMENT 12.1 - Draft Environmental Stewardship Element This element will address: • Resource conservation, and • Pollution prevention. TASK 13: MEETINGS AND OUTREACH 13.1 - CAC Meeting #4 and #5 The consultant will meet with the committee to obtain comments and feedback on the scenarios or key choices and policies and to help prepare for the next Community event. The committee will work toward developing a preferred alternative or future land use plan. Following preparation of a preferred plan, the consultant will meet with the committee again to obtain input. 13.2 - TAC Meeting #2 and #3 The consultant will meet with the committee twice to obtain comments and feedback on the scenarios or key choices and policies and preferred plan and preliminary discussion of strategies. 13.3 - Community Workshop #3 The team will solicit comments on plan scenarios or key choices and determine which scenario or parts of scenarios best meet the identified policy direction. This meeting will be CLARION I FEHR & PEERS I ARLAND 14 Comprehensive Plan for Wheat Ridge, Colorado - Scope of Work highly interactive, using maps, and possibly ked pad feedback methods. The consultant will also provide on-line polling questions for the public to provide feedback on scenarios. 13.4 - City Council and Planning Commission Study Session The consultant will meet jointly with the elected and appointed officials to update them on the alternatives selection process to date and obtain their comments and feedback on the draft future land use plan and policies and plan elements. PART 3 - DELIVERABLES AND MEETINGS Consultant will provide the following deliverables in PDF format: • Up to 3 land use scenarios or key choices(for Task 7) and analysis; • Preferred scenario and design recommendations; • Plan Elements draft; • Materials for CAC #4 and #5 and TAC meetings; • Materials for Community workshop #3; and • Materials for Joint Study Session. Consultant will: • Prepare for and attend CAC and TAC meetings; • Prepare for and attend Community Workshop; and • Prepare for and attend Joint Study Session meeting. We assume staff will: • Review all materials provided by consultant and provide consolidated comments; • Arrange location, notification for public events, CAC and TAC meetings and joint study session and send materials to committees; • Attend meetings. PART 4: IMPLEMENT - PLAN IMPLEMENTATION Purpose: The consultant will prepare implementation strategies to support the Plan's goals and policies and to reinforce the Land Use Plan. It is important for the plan to have a strong implementation focus and realistic, market-based, and community-supported actions to carry it out. The consultant team will work with the public and community leaders to begin discussing strategies early in the process. Part 4 will be the time when strategies will be summarized and prioritized. TASK 14: PREPARE IMPLEMENTATION STRATEGIES AND ACTION PLAN 14.1 - Draft Implementation Strategies and Action Plan The consultant will prepare a detailed set of strategies and an Action Plan to 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; CLARION 1 FEHR & PEERS I ARLAND 15 Comprehensive Plan for Wheat Ridge, Colorado - Scope of Work • Identifying new programs; • Listing possible funding mechanisms; and • Other recommendations determined during the process. The consultant will then use feedback from the CAC and study session to refine the implementation strategies. TASK 15: MEETINGS AND OUTREACH 15.1 - CAC Meeting #6 The consultant will prepare for and facilitate the CAC meeting to discuss implementation strategies and the action plan and directions for preliminary draft plan. 15.2- TAC Meeting #4 The consultant will prepare for and facilitate the TAC meeting to discuss implementation strategies and priorities for the action plan. 15.3 - Community Workshop #4 The consultant will prepare for and facilitate a public workshop to discuss and receive input on implementation strategies and the action plan and directions for preliminary draft plan. PART 4 - SUMMARY OF DELIVERABLES AND MEETINGS Consultant will provide the following deliverables in PDF format: • Draft Implementation Strategies; • Action plan; • Materials for CAC #6 and TAC meetings; and • Materials for Community Workshop #4. Consultant will: • Prepare for and attend CAC #6 and TAC meetings; and • Prepare for and attend Community Workshop #4. We assume staff will: • Review all materials provided by consultant and provide consolidated comments; • Arrange location, notification for public events and CAC and TAC meetings and send materials to committees; • Attend meetings. PART 5: DRAFT AND FINAL PLAN AND ADOPTION Purpose: At this stage, the consultant will compile all the previous plan products, including the vision, goals, and policies, the draft land use plan, and other supporting elements into a Comprehensive Plan document that is ready for public review and ultimately for adoption. CLARION I FEHR & PEERS I ARLAND 16 Comprehensive Plan for Wheat Ridge, Colorado - Scope of Work TASK 16: DEVELOP DRAFTAND FINAL COMPREHENSIVE PLAN 16.1 - Preliminary Draft The consultant will compile the background information, public input, inventory and analysis, recommendations, plans and illustrations into a preliminary 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. CLARION I FEHR & PEERS I ARLAND 18 Comprehensive Plan for Wheat Ridge, Colorado - Scope of Work Proposed Budget This budget represents a not-to-exceed amount for the project that includes all hourly fees for Clarion and sub-consultants and expenses. CLARION I 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 JEFFCO ti 4]DI AVE I r~i ~ 181!1 PL J 48TH AVE 70 48M AVE . ~ 'TTN PL SITE ~ OR 42ND AVE 42ND AVE SIM Sf 39M PL W" P = 51T~ A 1011CR PL 39M ~ M AYE G~ 39TH aR t G ~ ~ 38M PL 3 4 3~H SIMM5 ST 3 OR = ( Fj1 to A`>E 3m o I ~I 3M PL 3 3711 1~ AVE 51 T~ D o IV~'I Ei 36M PL 15 G 38M AVE 38M AVE UNINC 35M AVE _ = 35M AVE ORP. JEFFCO 31M AYE g 33RD PL 3 = rn 33RD AVE q G 33RD AVE 32ND AVE ti 32ND PL 32ND AVE ~~JJ VE n3IST AVE 'Pl g I aV 29TH AYE .11 " SCALE: 1' =1000' 70 LAKEWOOD 2008 Miscellaneous Drainage ATTACHMENT 2 w Gz ~O 4 a w J =:3 co a LL H Op Um a t (L w d E o C m w m r- N w z v z y w t 3 U U n j O J E CL _ 0 0 0~ d N at Obi a°O iw & 00 a Dap ° C7 m° d ~uzi w a z O w z J J w O O N w w O w a a O O 0 4n 5 -C, T O d. J v ~ klA O $ a O o ~ a Aso _ ~ L i p ✓~'S .r p O ~ C1. O O to cT cr r sz, 0) 4 ~ ~ Q f^ 4 S ' y 5 _ . 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