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HomeMy WebLinkAboutStudy Session Packet 04-16-12STUDY SESSION AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Ave. Wheat Ridge CO April 16, 2012 6:30p.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. APPROVAL OF AGENDA .L Elected Officials' Report(s) a. Cultural Commission Report -Diane Robb b. 381h Ave. Implementation Report-Britta Fisher £. Staff Report(s) a. City Sustainability Policy and Plan Update 3. Targeted Housing and Business Incentive Packages 4. Business Development Zones 5. Discussion of expanding the WRBD grant program to include ADA Accessibility Grants 6. City Council Consensus discussion (Reinhart and Starker) fle m--1/r. Partners in a Vibrant Wheat Ridge MEMORANDUM TO: RE: APRIL 11, 2012 CITY OF WHEAT RIDGE MAYOR AND CITY COUNCIL CITY MANAGER 38TH AVENUE lMPLEMENTATlON FROM: BRITTA FISHER WHEAT RIDGE 2020 The 38th A venue Leadership Committee is moving along in its progress of implementing the vision for a vibrant 38th Avenue. Currendy, there are 33 members of the Leadership Committee. They have been meeting regularly since January. Jerry Nealon is chairing the group. One of d1e major milestones has been reached in hiring Centro as the branding and marketing consultant. Attached you will find a more detailed memo on how Centro was procured and selected by the Leadership Committee. Centro is an Italian word that means city center. The fum has excellent and comparable experience in helping to brand and revitalize corridors and downtowns across the US. They are located in Denver. They have already begun to meet with the Leadership Committee and will be conducting surveys and focus groups at the end of April and beginning of May. You will be sent more information as these dates and times are finalized. Other topics that have been discussed by the Leadership Committee include the restriping construction and amenities being installed by the City of Wheat Ridge. City staff, City Councilmember Joyce Jay, and Mayor Jerry DiTullio have provided excellent information and connection to the Leadership Committee. As part of the amenities, the plain concrete planters currendy scattered along 38th Avenue will be repositioned in the amenity zone. Leadership Committee members have devised a plan and offered to provide labor to install art panels on the existing planters to help add art and vibrancy to these dull objects. The Wheat Ridge Business District has pledged up to $1,500 to help with securing the materials necessary for this project. The City and Leadership Committee have also engaged in conversation about snow removal and the particular needs in the area from Upham to just east of High Court. This area has shaded sidewalks and parking that can lead to snowy and icy conditions in the main area where back-in angled parking will be located. The City is working on a plan to help mitigate these issues for the next winter season. P.O. HOX 1268 WHLAT RIDGE. CO 80034-1268 WWW.WHEATRIDGL2020.0RG PH: 720 259 1030 The Leadership Committee is also looking at events and promotions that will draw people to the corridor. One essential event is a grand opening of 38th Avenue to showcase the new street improvements. An event of this nature would likely be in July to ensure that all construction is complete and the street is operating as planned. This would also be coordinated between the City and Leadership Committee. The Leadership Committee is focused on working with Centro on branding, marketing, and promotions to tell the story of 38th Avenue. The current work plan calls for draft materials and substantial work on the marketing plan to be complete by the end of June. This is an aggressive schedule and the Leadership Committee is meeting frequently to help inform this process. Before hiring the consultant, Wheat Ridge 2020 and the City of Wheat Ridge have put together newsletters and posters to help inform the community and particularly the corridor about the upcoming activities. Please let Wheat Ridge 2020 know if you have any questions. Attachments: 1. 38th Avenue Leadership Committee Member List 2. Memo on process to select Centro as branding and marketing consultant 3. February and April newsletters 4. Implementation Services Agreement P.O. BOX 1268 WHLAT RIDGE. CO 80034-1268 WWW.WH[ATRIDG[2020.0RG PH: 720 259 1030 West 38th Avenue Leadership Committee Interest List First Name Last Name Business/Resident Tom Abbott Adjacent Residential Property Owner Denise Balkas Wheat Ridge 2020 Brandy Bauer Fran's Cafe, LLC Valerie Borowiec The Rehabilitation Center at Sandalwood Liz Cavanagh Resident Jerry DiTullio Mayor of Wheat Ridge Mark Eskow Right Coast Pizza Jill Farnham Family Tree, Inc. Britt a Fisher Wheat Ridge 2020 Cathy Fonk Vivere, Inc. Mike Gauthier Wheat Ridge Liquor Aaron Gray Wheat Ridge United Methodist Church Dave Hanscom Wheat Ridge Lanes Molly Hanson UveWell Wheat Ridge Chad Harr Wheat Ridge Cultural Commission Representa Tony Hiser The DragonFly Cafe Janeece Hoppe Compass Construction Sergio lraola Cebiche Janet Jahn Resident Tara Jahn Resident Joyce Jay WR City Council Jessica Klingsporn Resident Dave Land Resident John Marriott WRBD Representative, Larson Ski & Sport Pat Mucilli Mucillis Shoes Jerry Nealon Cress Kitchen and Bath Barry Plunket BARELaser Mindi Ramig Jefferson County Public Health Tom Schmuke Quality Auto Care Michael Snow Resident Wes Tuthill Dairy Queen Justin Vogel Right Coast Pizza Tracy Volkman Jefferson County Public Health Scott Walker Vinyl Works Tom Yang Applewood Quality Builders- Attachment 1 MEMORANDUM To: W. 38th Avenue Leadership Committee March 20,2012 From: Denise Balkas, Director of Real Estate Development Date Re: Re: RFP Review Process and Consultant Firm Recommendation The follO\ving is a chronology of the process. A subcommittee consisting of: TaraJahn, Mike Gauduer, Steve Art, Dave Hanscom, and Tom Schmuke was formed by rl1e Leaderslup Committee to review RFP responses, interview a short list of ftrms and to make a recommendation to ilie full Leaderslup Committee as to ilie fmalist ftrm. The RFQ/RFP was publicly released on February 14, 2012 by WR2020. Responses were due March 6, 2012. The following flrms responded: -Adas Advertising (submitted duee days after deadline) -Avant Marketing Group -Blake Conununications and Piper Vitale Graphic Design team -Centro and Julipp team -Chris Cluistrnas, C-Qubed Design -Stantec/ CotnmArts The subconunittee met on March 9th to review, rank and short list fums for interviews. The committee noted ilie late subm.ission of Adas Advertising and unanimously agreed to disqualify ilie ftrm from furd1er consideration. After ranking, review and deliberation, ilie committee recommended d1at ilie teams of Centro/Julipp and Blake/Piper Vitale be invited for interviews. The subcomrnittee felt d1at iliese fu:ms did the best job of responding to ilie requirements in d1e RFP and iliat boili had cost effective pricing wiiliin budgeted parameters. The subcommittee interviewed Blake/Vitale on March 13rll and Centro/Julipp on March 16th. After completing ilie interviews and deliberation, a motion was made by Steve Art, seconded by Mike Gauduer to recommend hiring Centro for the marketing and branding project. Unaninlously approved. (Note \'VR2020 staff did not vote as iliey were support to d1e subcomrnittee.) Subsequent to ilie Subcomrnittee's vote to recommend Centro for ilie project, staff did a reference check on ilie fum. Centro provided references from work done for ilie Town of Lyons, CO, Woodland Park, CO and ilie Chicago Loop Alliance. Staff spoke with references in Lyons and Woodland Park. Boili were positive about their experiences wiili Centro and continue to use ilie work products provided by ilie flrm wluch included various marketing and branding tools to promote each respective community and their businesses. Lyons and Woodland Park are cities dominated by small businesses so ilieir experiences are comparable to d1e work Centro is being asked to perform on W. 38•h. As of ilie writing of dUs memo, staff has not been able to talk wid1 d1e Chicago Loop Alliance but will continue to pursue this reference. At the W. 38•h Leadership Committee meeting on March 21 ', the subconunittee's recommendation will be presented for approval. Attachment 2 P.O. BOX 1268 WHIAT Rll Gl CO 80034-1268 WWW.WH IATRIDGI2020.0R<., f'H: 720 259 1030 fAX: 303 940 9332 The PDATE 3~ 11 AVeV\..ue froVIA. WCl~swoY'tV! to sV!erL~ClV\.. Volume I Issue I Produced by the City of Wheat Ridge and Wheat Ridge 2020 February 20I2 38th Avenue ... Friendlier in 2012 There are some great changes coming to 38th Avenue between Wadsworth and Sheri- dan in the next 12 months and beyond that will bring new life to the corridor and create a more pedestrian friendly street. These changes include softening the traffic effects along 38th and piloting pedestrian and streetscape enhancements. The changes that you'll start to see in the early summer will include re-striping of 38th from Upham to Depew. This re-striping will use two of the thru-lanes to add a center turn lane along with parking, amenity zones and bike lanes. This will provide a safer 38th, more on-street parking, more shopping and dining opportunities, and a safer sidewalk environment for pedestrians and bicycles. Our professional studies of traffic show this will slow traffic to allow people in autos to see the quality businesses we have along 38th and encourage them to stop and shop Wheat Ridge. We're also working with some businesses along 38th to create outdoor seating and meeting areas to enjoy the great Colorado outdoor environment. This process is going to take time and may take tweaking to perfect the outcome of a successful and prosper- ous 38th Avenue. The City of Wheat Ridge and Wheat Ridge 2020 are working with the 38th Avenue Leadership Com- mittee to assure all parties are working toward the same goal of a successful retail, office, service and dining corridor. In the next few months we will have a website, a Facebook page, and other social networking promotion. At this time if you'd like to learn more about the 38th Avenue Plan, log onto the City's website at www. ci.wheatridge.co.us, scroll to the 38th Avenue Quick Link. We appreciate your patience during this transition. We're con- fident that over the next 12-24 months you witness the rebirth of 38th Avenue and you'll say to your friends that you were here at the start. 38th Avenue Business Spotlight an interview with Jerry Nealon, Cress Kitchen and Bath What do you think about the Plan? I am very excited about a path for moving our corridor forward. It is great to see the city investing in our future rather than sim- ply watching decline. The plan sets out a road map and it is up On January 5th over 80 people attended two open houses for businesses owners and resi- dents. The focus was on the re-striping plan to all of us to seize that and fill it in with activities and details that will support success on 38th Avenue. What prompted you to get involved in the Leadership Committee? Our family has owned Cress since 1948. We have survived many business cycles and street improvements, and we want to be part of the thriving on 38th Avenue. I believe in working with all the stakeholders, especially the business and property owners, to make 38th better. This is a great opportunity and I can't imagine not being involved. What's next for the 381h Avenue Leadership Committee? 38th Avenue Road lmprov.ment 11mellne-2012 ""feciDeolgn (complete mid Feb) We have just formed and have over 35 people involved already. I would invite anyone who is interested in getting involved to contact myself or Wheat Ridge 2020 to sign up and learn about the next meeting. The critical next step is getting branding and a marketing plan for the corridor to help tell the story of what is happening on 38th Avenue and the place we are and will become. Attachment 3 Creating a Healthy Downtown Wheat Ridge by Molly Hanson, Live Well Wheat Ridge Communities across the country are working together to revision their downtowns to cre- ate safe and vibrant places for people to visit, shop, work or play. The City of Wheat Ridge is no exception. Partners from various sectors and segments of our community are collaborating on a variety of initiatives to revitalize the 38th Avenue Corridor. Anchored by the newly adopted 38th Cor- ridor Plan http://www.ci.wheatridge.co.us/index. aspx?nid=981 , partners are using multiple strate- gies to make 38th Avenue a place to invest. One important feature of this plan is to make our downtown a safer and more pedestrian and bi- cycle-friendly environment. By implementing new roadway design features, patrons, students and families will have safer places to gather, socialize and move from place to place. Enhanced sidewalk and crosswalk features, on-street parking and a new bike lane on a portion of the corridor will create an environment where people Wliat WeJfear There's a lot of questions and comments about the plan. As we hear them we will attempt to provide you the answers Comment: This plan will make 31J'h more congested Response: Congestion is not anticipated to dramatically in- crease. 3-lanes often work on streets that carry between 15 - 20 thousand cars per day. 38111 carries around 16 -18 thousand cars. per day A traffic analysis showed that the 3-lane section may add a maximum of 1-minute for cars traveling from Wad- sworth to Sheridan durin the mom in and even in rush hours. Comment: You're trying to make it difficult for cars Response: The purpose of the 3-lane section is to create a street that accommodates all modes of travel -cars, pedestri- ans, and bikes. It is NOT intended to reduce the number of cars on the street or to try to force people to stop driving. 38111 busi- nesses want to make it more attractive for cars to stop, park and spend time in Wheat Ridge. want to stay awhile. By infusing art, culture and events on the corridor, we can grow the corridor as gathering place for our young families who want to be active and for our older adults who want to age in place. We can also reduce injuries, encourage people to be more physically active and encourage patronage of our restaurants and stores all at the same time. Creating a downtown can create a new way of living in Wheat Ridge, encourage people from surrounding communities to visit our community and create new social connec- tions in Wheat Ridge. For more information or to get involved, please contact Britta Fisher, Wheat Ridge 2020 Executive Direc- tor at bfisher@wheatridge2020.org. Wheat Ridge 2020 3798 Marshall Street, Suite 7 Wheat Ridge, CO 80033 To lnrn more,log onto www.cl.whealridge.co.us I Stamp I The PDATE 3gt~ AVeV'vue frow.. wcw!swortVI to sVIerLo!ll V'v Issue 2 Volume I Produced by the City of Wheat Ridge and Wheat Ridge 2020 April 2012 38th Avenue Rood Improvement nmellne -2012 l'rojeet Design (complete mid Feb) lid Advettlslng and Contractor lids f<"".nrnnl,.,t,. end of Construction • leslrlplng, Sidewalk Extensions, l'lanters (complete by mid June) ••••• •• Apri 23: Cound owads contract ••• • • •••••• City Considers Rezoning of Corridor One of the strategies for revitalization in the 38th Avenue Corri- dor Plan is to rezone the corridor to a zone district called Mixed Use-Neighborhood (MU-N). The MU-N zoning would replace the current zoning, most of which has been in place since the City incorporated in 1969. The proposed zoning has more flexible development standards and includes design standards to encourage quality design. The rezoning process is anticipated to begin this summer with adoption by City Council in the fall. You can learn more at the City's website: www.ci.wheatridge.eo.us/38thAve. Wheat Ridge 2020 3798 Marshall Street, Suite 7 Wheat Ridge, CO 80033 To l~arn mort, log onto WW$d wbcatridge.co ys/JSIIUJvr Wliat WeJ{ear There's a lot of questions and comments. As we hear them we will provide you the answers Comment: This plan will make 3tf" more congested Response: Congestion is not anticipated to dramatically increase. 3-lanes often work on streets that carry between 15 -20 thousand cars per day. 38111 carries around 16 -18 thousand cars. per day A traffic analysis showed that the 3-lane section may add 20-60 seconds during the morn- ing and evening rush hours for cars travel- ing from Wadsworth to Sheridan.:. Comment: Why change the Conidor to Mixed-Use zoning? Response: The proposed zoning will re- place outdated zoning and provide more flexibility by encouraging new development through a streamlined review process. It will also promote pedestrian friendly design and attractive architecture through design stan- dards. This process has just begun and there will be opportunities for public input before the zoning is adopted by Council. ,~,, .. r-City of JP'"WlieatRi_dge 38th AVENUE IMPLEMENTATION SERVICES AGREEMENT THIS AGREEMENT made this day of MARCH 2012, by and between the City of Wheat Ridge, Colorado, hereinafter referred to as the "City" or "Owner" and Wheat Ridge 2020, hereinafter referred to as the "Consultant". WITNESSETH, that the City of Wheat Ridge and the Consultant agree as follows: ARTICLE 1 -SERVICES The Consultant has demonstrated their ability to perform services and provide products. Consultant shall serve as the City's Consultant and provide at a minimum all of the professional services required per the vendor's proposal (Exhibit A) attached hereto and incorporated herein by reference. ARTICLE 2 -TERM This Agreement shall commence promptly after receipt of a fully executed copy of this Agreement to the extent that the Consultant has been authorized to proceed by the City. THE TERM OF THIS AGREEMENT IS THROUGH DECEMBER 2012 Renewals are at the option of the City. The City reserves the right to terminate the agreement and rebid. The Consultant and the City may agree to continue this agreement on a month to month basis until the rebid process is complete. ARTICLE 3-PAYMENT AND FEE SCHEDULE It is understood and agreed by and between the parties hereto, that the City shall pay the Consultant for services provided and the Consultant shall accept a Not-to-Exceed amount of $92,800 as full payment for such services. The City hereby agrees to pay the Consultant the amounts required for additional work as deemed necessary only upon the execution of a change order authorized by the City. It is understood and agreed by and between the parties hereto, that the City shall pay the Consultant for the identified at the specified times. There is no separate charge for computer, telephone, postage, copies or other ordinary costs and expenses. A. Invoices by Task 1) Immediate Tasks: Recruit Leadership Committee and support the formation of this group: • Manage communications, prep and coordinate meetings, facilitate information gathering between meetings, conduct outreach along 381h Avenue for involvement and feedback Initiate 38th Avenue branding : • Manage RFP process with Leadership Committee for branding consultant. Contract with consultant and manage contract. • Research options for organizational structure and feasibility. Outreach to other commercial district groups to study operational structures, programs, revenue sources and lessons learned. Payment of $31 ,934.00 is due upon the execution of this agreement and production of financial 1 Attachment 4 statements. 2) Early Implementation tasks: Implement 38th Avenue branding, marketing campaigns and events with Leadership Committee. • Purchase marketing tools, deploy online strategy and tools, and coordinate with businesses. • Plan Grand Opening and other events to draw attention and customers to 38th Ave. • Relationship building with brokerage community and regional businesses interested in potential expansion on 381h Avenue Payment of $40,684 is due upon delivery of: Executed marketing and branding contract, report on competitive bid and Leadership Committee selection process for the marketing and branding consultant, report on immediate phase progress and Leadership Committee decisions. 3) Ongoing Implementation Tasks: * Support Leadership Committee and its transition toward a lasting organizational structure. • Continue to capitalize on specific identity for 38th Avenue and cultivate additional activities. • Work with city agencies, community organizations, and owners on land assemblage strategy. • Write grants and seek non-city funding resources for 38th Avenue Implementation. Payment of $17,250 is due upon the delivery of: Final branding and marketing report, samples of and report on money spent on marketing materials, event calendar and plan and report on early phase progress and Leadership Committee decisions Final Payment of $2,932 is due by December 31 , 2012. Costs Not Billed separately: Coordination with City of Wheat Ridge staff Meeting costs, supplies, refreshments Training, workshops and capacity building for Leadership Committee Direct communications and technology B. Funding There is in effect within the City of Wheat Ridge, Colorado, a provision of the City's Code of Laws which limits the amount for which the City shall be liable to the amount expressly appropriated by the City Council, either through budgeted appropriation , or contract or bid award. The Consultant is specifically advised of the provisions of this portion of the Code of Laws of the City of Wheat Ridge, which was enacted pursuant to Ordinance 787, Series of 1989, and expressly incorporated herein. This contract is specifically subject to the provisions of said Ordinance and adopted Code Section. ARTICLE 4 -INDEPENDENT CONSULT ANT In performing the work under this Agreement, the Consultant acts as an independent Consultant and is solely responsible for necessary and adequate worker's compensation insurance, person injury and property damage insurance, as well as errors and omissions insurance. The Consultant, as an independent Consultant, is obligated to pay federal and state income tax on monies earned as required. The personnel employed by the Consultant are not and shall not become employees, agents or servants of the City because of the performance of any work by this agreement. The Consultant warrants that it has not employed or retained any company or person, other than a bonafide employee working solely for it, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, 2 other than bona fide employees working solely for the Consultant, any commiSSIOn, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the City will have the right to annul this Agreement without liability or in its discretion to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE 5-INDEMNIFICATION The Consultant agrees to indemnify and to hold the City and its agents harmless for, from and against any and all claims, suits, expenses, damages or other liabilities, including reasonable attorney fees and court costs arising out of damage or injury to persons, entities, or property causes or sustained by any person or persons as a result of the negligent performance or failure of the Consultant to provide services pursuant to the terms of this Agreement. ARTICLE 6 -CHANGE ORDERS OR EXTENSIONS The City may, from time to time, require changes in the scope of services of the Consultant to be performed herein. Such changes, including any increase or decrease in the amount of the Consultant's compensation, must be mutually agreed upon in writing by the City and the Consultant. The Consultant shall be compensated for all authorized changes in services, pursuant to the Request for Proposal, or if no provision exists, pursuant to the terms of the Change Order. ARTICLE 7 -EQUAL EMPLOYMENT OPPORTUNITY The Consultant shall not discriminate against any employee or applicant for employment because of age, race, color, religion, sex, or national origin. The Consultant shall ensure that employees are treated equally during employment, without regard to their age, race, color, religion, sex, or national origin. ARTICLE 8-CHARTER. LAWS AND ORDINANCES The Consultant at all times during the performance of this Agreement, agrees to strictly adhere to all applicable Federal, State and Local laws, rules , regulations, and ordinances that affect or govern the work as contemplated under this Agreement. ARTICLE 9-LAW AND VENUE The laws of the State of Colorado shall govern as to the interpretation, validity, and effect of this Agreement. The parties agree that venue and jurisdiction for disputes regarding performance of this contract is with the District Court of Jefferson County, Colorado. ARTICLE 10-TERMINATION The Consultant acknowledges that his failure to accomplish the work as described shall be considered a material breach of the contract and entitle the City to consequential damages resulting from failures, acts, or omissions including but not limited to re-procurement costs, insufficient or improper work. The City and the Consultant agree that this Agreement may be canceled for cause, by either party with a fifteen (15) day prior written notice. The cost of completing the portion of the work which remains unperformed at the time of such termination shall be deducted from the contract price before payment is made. The City may terminate the Agreement for its convenience upon thirty (30) days written notice. In the event of such termination, the consultant will be paid for all work and expenses incurred up until the time of such termination. 3 All work accomplished by the Consultant prior to the date of such termination, shall be recorded and tangible work documents shall be transferred to and become the sole property of the City, prior to payment for services rendered. ARTICLE 11 -NOTICES City Contact: Contractor Contact: City contact name Britta Fisher Title, Department Wheat Ridge 2020 Address 3798 Marshall St. Ste 7 Wheat Ridge, CO 80033 Wheat Ridge CO 80033 Email address bfisher@wheatridge2020.org . Phone: Phone: 720-259-1 030 Fax: Fax: 303-940-9332 ARTICLE 12-SUB-CONSULTANTS Any sub-consultants shall be subject to the requirements of this Agreement, and the Consultant is responsible for all subcontracting arrangements and the delivery of services as set forth in this Agreement. The Consultant shall be responsible for the performance of any sub-consultant. ARTICLE 13-SEVERABILITY To the extent that the Agreement may be executed and performance of the obligations of the parties may be accomplished within the intent of the Agreement, the terms of this Agreement are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term, or the same term upon subsequent breach. ARTICLE 14 -INTEGRATION OF UNDERSTANDINGS This Agreement is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force and effect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in writing and signed by an authorized representative of the City and the Consultant. ARTICLE 15 -AUTHORIZATION Each party represents and warrants that it has the power and ability to enter into this Agreement, to grant the rights granted herein and to perform the duties and obligations described herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in two (2) copies, each of which shall be deemed an original on the day and year first written above. ATTEST: JANELLE SHAVER, CITY CLERK 4 OWNER CITY OF WHEAT RIDGE 7500 W 29TH AVENUE WHEAT RIDGE, CO 80033 DATE (Seal) APPROVED AS TO FORM: GERALD DAHL, CITY ATTORNEY ATTEST TO CONTRACTOR: NAME TITLE DATE 5 303-234-5900 JERRY DITULLIO, MAYOR CONTRACTOR Wheat Ridge 2020 AUTHORIZED SIGNATURE PRINT NAME TITLE DATE EXHIBIT A IMPLEMENTATION OF 38TH AVENUE REVITALIZATION PLAN PROPOSAL FOR WHEAT RIDGE 2020 SERVICES Introduction On October 10, 2011, the Wheat Ridge City Council adopted the 38th Avenue Corridor Plan. The plan sets the course for implementing economic development and land use strategies as well as street and right of way improvements. Throughout the plan it is acknowledged that while the city controls certain aspects to be improved, many of the changes needed happen beyond the curbs or in partnership with private property owners and stakeholders. Wheat Ridge 2020 participated throughout the planning process and is an engaged partner on 38th Avenue. The 38th Avenue Corridor Plan specifically calls out the need for Wheat Ridge 2020's ongoing role in implementing the plan. (See the Implementation Table on pages 68-78 of the plan.) Work on these action steps has begun and additional resources are needed to implement the plan. Background on Wheat Ridge 2020 In 2005 the City of Wheat Ridge adopted the Neighborhood Revitalization Strategy that laid out a bold plan for the future of Wheat Ridge. In that same effort, the City of Wheat Ridge helped create and launch Wheat Ridge 2020 as a nonprofit partner in revitalizing Wheat Ridge. Wheat Ridge 2020 has advanced Wheat Ridge as a vibrant and sustainable community through neighborhood programs, community identity events, low-interest lending, real estate development and housing and business improvement programs. Wheat Ridge 2020 is governed by a volunteer board of directors comprised of community and business leaders. Wheat Ridge 2020 has three staff with extensive knowledge in community and economic development and a record of community engagement. The organization had focused resources on 38th Avenue before the adoption of the 38th Avenue Corridor Plan and will be seeking additional resources from a variety of sources to continue working on 38th Avenue beyond the first phase of the City's plan implementation. Wheat Ridge 2020 manages the Building Up Business Loan Program on 38th Avenue and administers the Wheat Ridge Business District grant programs throughout the City of Wheat Ridge. Project Approach The 38th Avenue Leadership Committee has formed with about 30 interested stakeholders participating thus far. Wheat Ridge 2020 will help provide the staff support needed to get this group going, growing and finally formalized. It is immediately important to get marketing and branding in place for 38th Avenue. The Leadership Committee is feeling this urgency as they want to get a new feel and direction for the street, supporting activities and marketing in place to help leverage the physical investments the City of Wheat Ridge is making to 38th Avenue this summer. 1 EXHIBIT A In addition, longer term planning and resources are needed to investigate which of the many special districts and association options available will help the Leadership Committee and community reach our goals for 38th Avenue. Existing law, conditions, potential resource options not currently available and the desires of the property owners and stakeholders must be taken into consideration as the decision is made on what long-term organizational structure should be formed. The ultimate decision is directed by the Leadership Committee and made by property owners, City Council and those who need to vote per the district or organization selected. Scope of Work Immediate Work (Feb-April) Continue to recruit Leadership Committee and support the formation of this group. • Manage communications, prep and coordinate meetings, facilitate information gathering between meetings, conduct outreach along 38th Avenue for involvement and feedback. 3-4 hours per week, $3000 • Research options for organizational structure and feasibility. Outreach to other commercial district groups to study operational structures, programs, revenue sources and lessons learned. 20 hours immediate phase, 20 hours early phase, $3000 Initiate 38th Avenue branding. • Manage competitive bid process (approximately 4-5 weeks) with input from Leadership Committee, contract with consultant selected by Leadership Committee, oversee contract and engage stakeholders. Branding Consultant about $20,000, bid and contract management 40 hours, $3,000. Early Implementation (May-Aug) Implement 381h Avenue branding, marketing campaigns and events with Leadership Committee. • Purchase marketing tools, deploy online strategy and tools, and coordinate with businesses. Marketing tools design and distribution about $25,000; coordination 5 hours per week, $4,500. • Plan Grand Opening and other events to draw attention and customers to 38th Ave. Event planning 30 hours per month, $6,750. *Relationship building with brokerage community and regional businesses interested in potential expansion on 38th Avenue. 20 hours, $1,500. Ongoing Implementation (Aug-Dec) *Support Leadership Committee and its transition toward a lasting organizational structure. Facilitation, coordination, outreach, research, 4 hours per week, $6,000. *Continue to capitalize on specific identity for 38th Avenue and cultivate additional activities. Event execution, ongoing deployment of marketing campaigns, 70 hours $5,250. • Work with city agencies, community organizations, and owners on land assemblage strategy. Research and coordination 40 hours, $3,000. 2 EXHIBIT A *Write grants and seek non-city funding resources for 38th Avenue Implementation. 40 hours, $3,000 Project management Coordination with City of Wheat Ridge staff, 4 hours per month, 44 hours, $3,300 Meeting costs, supplies, refreshments $1,000 Training, workshops and capacity building for leadership Committee $2,000 Direct communications and technology $2,500 Summary This is an exciting time on 381h Avenue. As a community we must seize this opportunity to add energy and positive momentum to the traditional heart of Wheat Ridge. We must support neighborhood retail and local job creation. 38th Avenue has recently attracted reinvestment. Wheat Ridge 2020 has built relationships with these investors and stakeholders throughout the corridor. The successful implementation of the 381h Avenue Corridor Plan relies not only on the city controlled street improvements but also on the ability to engage stakeholders in the ongoing success of the corridor. Wheat Ridge 2020 is engaged in this work and looks forward to continuing our partnership with the City of Wheat Ridge on this project. Reporting and Draws Total 2012 Project Cost $92,800 Should the City follow through on the plan implementation and engage Wheat Ridge 2020's services, we propose continual communication with City of Wheat Ridge staff and accountability with City Council on work performed. It is the practice of Wheat Ridge 2020 to get competitive bids on any outsourced work, such as a consultant, web development and the like. With consultant costs being uncertain, if we are able to realize savings we would use remaining dollars for marketing materials. Conversely, if we must exceed $20,000 on the branding consultant, we will take those needed funds from marketing materials. We suggest reporting to City Council with each phase and we are happy to work with the City on any additional reporting desired. We propose the following draw schedule: February 1, 2012 -$31,934 for Immediate Phase work and one-third of project management costs. Before next draw deliver: Executed marketing and branding contract, report on competitive bid and leadership Committee selection process for the marketing and branding consultant, report on immediate phase progress and leadership Committee decisions. May 1, 2012 -$40,684 for Early Phase work and one-third project management costs. 3 EXHIBIT A Before next draw deliver: Final branding and marketing report, samples of and report on money spent on all marketing materials, event calendar and plan and report on early phase progress and Leadership Committee decisions. August 15, 2012-$17,250 for Ongoing Phase work Before final draw deliver: Final report on project implementation progress, summarize dollars spent and products delivered, summarize achievements, impacts and next steps. Specifically report on decision- making progress toward a formal organizational or special district structure. Dec 31, 2012 -Final draw $2,932 for remaining project management costs. 4 ~ ~ '~ ... 4 " City of • ·[?.'WheatBi_dge ~ARKS AND RECREATION Memorandum TO: Mayor and City Council THROUGH: Patrick Goff, City Manager_lli FROM: Joyce Manwaring, Parks and Recreation Director DATE: April 16, 2012 SUBJECT: Sustainability Policy and Plan Update One of the top priority action items identified in the 2011 City Council Strategic Plan was to create a sustainability policy and plan for the City. The following information represents an update on the actions taken to create a plan and the progress to date on these items. Because the concept and definition of sustainability is so broad and applies to the three areas of environmental, cultural and economic sustainability, the approach to creating a plan has been divided into two sections. Section I represents the internal operations of the City and focuses on environmental sustainability. Section II represents the potential community engagement section of the plan to be phased in at a later date depending on City Council directive. Both sections, at some point in the process, will require additional resources to initiate and implement. Section I Municipal Component • Organize City-wide staff sustainability committee with a representative from each department to define, guide and implement the plan -completed • Create initial categories of sustainability for plan -completed • Identify programs currently in place -completed ~ define outcomes -in process • Identify additional programs for Phase I categories -completed • Create a plan that outlines policies and summarizes programs, action items, costs and timelines ~ timelines, goals and costs for incorporation into City daily operating activities -in process ~ define outcomes -in process Mayor and City Council April 16, 2012 Page2 Section II Community Component • City-initiated community open house to determine level of support and type of projects the community wants to include in the plan );> The Community Survey scheduled for 2012 includes questions to measure the community's interest in sustainability. • Evaluate resources to accomplish commuruty projects • Identify policy-related initiatives );> receive City Council consensus on policy direction • Determine goals, programs and outcomes • Organize citizen volunteer committee(s) When the final draft of the Municipal Operation Plan has been completed and approved by the City Manager, City Council will receive a copy, as well as additional information on community programs, policies and resources required to prepare and implement such a plan. At that time, staff will be requesting further direction from City Council. JM/dr .... ~4~ .. _ .,. City of • .. ~Wheat&.._dge ~OFFICE OF THE CnY MANAGER TO: FROM: DATE: SUBJECT: Memorandum Mayor and City Council n ~ Patrick Goff, City Managed-~ Steve Art, Economic Development Manager April16, 2012 Targeted Housing and Business Incentive Packages ;: +-e I'K-3 . The City Council has identified in the 2011/2012 Strategic Plan "Targeted Housing and Business Incentive Packages" as a high priority under the goal of"Choice of Desirable Neighborhoods." The following memorandum will outline possible options for the City Council to consider to address this action item. Background In July 2005, the City Council adopted the Neighborhood Revitalization Strategy (NRS). The primary conclusion of this report was that the central challenge facing Wheat Ridge is its loss of strong households. Strong households are defined as those that: • Are consistently employed, • Have the potential for upward mobility, • Demand quality rentals or own and reinvest in their homes, • Take good care of their property, and • Participate in and contribute to civic life. These strong households constitute buying power or "demand". It is they who demand good quality housing and good retail. When a community does not have an ample supply of quality housing, quality retail, and a quality environment to live in, it cannot retain the remaining strong households it has, much less attract new ones. Should the City Council consider targeted housing and business incentives to attract "good quality housing and good retail" demanded by strong households? The NRS recommends both. A majority of the following text is actual excerpts from the NRS report justifying the need for proactive action by the city to attract strong households. Quality Housing On average, "communities of choice" have higher percentages of single-family detached housing, the greatest portion of housing built since 1990 and the largest share of units with four or more bedrooms. Unfortunately, throughout most Wheat Ridge neighborhoods, one-third to two-thirds of the housing stock is multi-family or attached housing. The majority ofhousing in all tracts was built in 1969 or earlier -a household generation that typically does not attract households with the most choice. And the vast majority of the city's housing stock in most tracts has less than 4 bedrooms. Housing stocks in Wheat Ridge are not mainly the "McMansions" that proliferate in newer subdivisions, nor the large-lot homes desired by families, nor period homes of architectural significance that define West Highlands and other parts ofNorth Denver. Wheat Ridge's houses and related retail areas reflect a community that matured between 1960 and 1980 and stopped growing. Eventually it made more sense for many in Wheat Ridge to move out in order to move up. Many others just stayed, and didn't upgrade. Consequently, although Wheat Ridge homes are sound (basically "good bones"), they seem modest compared to what is available throughout the county. Furthermore, the market has been sent two decades of confidence-undermining signals about Wheat Ridge in the form of either strong family exodus or absence of housing upgrades. When the market receives different signals about Wheat Ridge, Wheat Ridge will be rewarded. However, citizens in Wheat Ridge should understand the circular chicken-and-egg dilemma facing the city: Wheat Ridge needs new housing stocks to attract strong families. But, new housing alone (without upgrades to existing neighborhoods too) may not guarantee strong families will buy. And yet, unless strong families are buying, there appears to be little incentive to upgrade. The NRS report stated that this cycle can be broken by providing incentives to owners to upgrade while new housing is also being developed. Both activities will require capital to be put at risk. To offset risk, these twin activities -providing incentives to current owners to upgrade and developing new housing for new buyers -must occur in geographically targeted ways to maximize impact. The NRS recommends concentrating housing incentives in the "middle market" in Wheat Ridge -where values are between $200,000 and $275,000. These are streets with committed residents who are planting flowers and painting their homes and parking their cares where they are supposed to be parked. This is where the market can be grown cost-effectively, where strong resident leadership can take hold. The NRS recommends such concentrated housing incentives occur between 32"d and 441h Avenues and between Kipling and Depew Streets. This approach generates two important outcomes: 1. An upgraded housing stock more marketable to strong households in an area that is presently at risk of decline, and 2. A resulting strengthened commercial corridor in an area that is presently stuck between recovery and obsolescence. This focused effort will assist the recovery of 38 th Avenue as a Main Street. Housing Incentives Staff researched other housing incentive packages from across the country. Following are a few examples of programs we found: 1. Reconstruction or remodeling of a single family home with a project value of at least $20,000. Receive a one-time rebate equal to ten times the amount of the increase in city property taxes based on the pre-construction and post-construction appraised values. (Richardson and Arlington Texas) 2. A 50% rebate of city fees (building permit and plan review) associated with the home improvement. An additional 10% rebate iflocal vendors/contractors used. (Commerce City, Colorado) 3. New construction-incentive package including waiver of building permit fees, utility hook-up fees, city utility credit, $1,000 in cash per/unit built, 1 year golf membership, 2 city trees. Similar packages for purchase of existing home or improvements to home. (Preston, Minnesota) 4. Purchase of new infill housing will be eligible for a rebate of incremental property taxes for 15 years. Improvements to owner-occupied single family homes of at least 20% of the current tax value will receive waiver of incremental property tax for 1 0 years. (Columbus, Ohio) Quality Retail Past growth in retail sales in Wheat Ridge was primarily due to two industries: health care and auto sales/service. While these relatively weak sales tax generating industries flourished, other stronger sales tax generators declined in their share of retail sales, including food stores, eating/drinking establishments, building materials and finance/insurance and real estate. Sales leakage information indicates that Wheat Ridge residents purchase furniture, clothing, building materials and garden equipment/supplies and visit food and drinking establishments in areas outside of Wheat Ridge. These industries present potential future retail opportunities in Wheat Ridge. There must be strong retail that strong households desire. Strong households do not want characterless boxes only. While they may patronize Walmart, they don't want their entire retail experience to occur in a big box. Strong households do not want retail that is not friendly to pedestrians. Strong households want to be able to easily drive to one store and to be able to walk to several others in an appealing environment. Strong households want shopping places to be visually appealing. They want places to shop that are maintained to a high standard. This very basic combination -new, attractive, well-maintained retail that is easy to get to and enjoyable to be in -does not exist at concentrated sites in Wheat Ridge. Wheat Ridge needs to update its retail in order to be attractive to more strong households. Business Incentives Staff researched other business incentive packages from across the country. Following are a few examples of programs we found: I. Downtown restaurant attraction -attract four to five sit-down restaurants to create a "restaurant row". Specialty food operations such as a bakery, patisserie, or brew-pub would also be considered. Up to $60,000 per restaurant with no match required for fa9ade improvements, landscaping, ventilation, exterior lightings and fire suppression. All funds above $60,000 would require a 50% match. (Bristol, Connecticut) 2. Existing and prospective business in five targeted industries -A 10% rebate of the sales and use tax remitted for the specific capital improvement and 50% rebate of city fee associated with the specific capital improvement. (Commerce City, Colorado) 3. Retail diversity incentives -provides incentive up to a maximum of$50,000 for new businesses to locate in a business improvement district that will enhance the vibrancy of the overall mix of the district. Eligible businesses include art supply store; book store; clothing store; home furnishing store; paint, wallpaper, and hardware store; restaurant/bar; show store; specialty retail uses; sporting goods and hobby stores. (Village ofWhitefish Bay, Wisconsin) To complement the efforts of the 381h Avenue revitalization program, Staff would recommend a targeted business incentive package to attract that niche specialty retail market to the 38th A venue corridor that strong households demand. Before a detailed housing and business incentive package is developed, Staff would like to get further direction and consensus on this topic. We look forward to discussing this with you in greater detail at the April 16th study session. ~ ~ 4 4 .... r City of .. ~WheatJ34_dge ~OFFICE OF THE CllY MANAGER Memorandum FROM: Mayor and City Council Patrick Goff, City Manageri)} TO: Steve Art, Economic Development Manager DATE: April 16, 2012 SUBJECT: Business Development Zones Introduction City Council established a Business Development Zone (BDZ) program in 1992 to provide incentives for private enterprises to expand or for new businesses to locate in the City. The incentives include the abatement of certain categories of fees, taxes and other business development-related charges for new development or redevelopment within BDZ districts. The intent of the BDZ program is to reduce blight in the City's business districts and to provide the City with increased sales and use tax revenues generated upon and by properties improved as a result of the program and to allow owners and proprietors opportunities to improve properties which generate sales activities, which improvements make those properties more competitive in the marketplace and further provide to owners and proprietors additional contingent sources of revenues for upgrading such properties. Participation in the BDZ program is open to any owner or proprietor of an established, proposed or newly purchased business, or the owner or proprietor of an existing business which wishes to expand. Approval of an application for inclusion into a BDZ shall be given by City Council at a public hearing and final approval will be based on the application meeting a specific set of criteria. The general intent of the BDZ program is to incentive those projects that will provide the City with increased sales and use tax revenues. If approved, the abatement of fees, taxes and charges are limited to use tax on furniture and fixtures associated with the initial development or redevelopment, use tax on building materials, building permit fees and zoning fees. Issue Since its inception, the BDZ program has been used on a very limited and inconsistent basis. Recently, staff has received requests for inclusion into BDZ districts from a variety of business ventures currently operating or inquiring about initiating operations within the City limits. These inquiries have created multiple questions for staff that require guidance from City Council. These questions include what types of projects should be eligible for the program and should the BDZ program be targeted to specific geographic areas of the City. Background Council has used the BDZ program twice since its inception in 1992. In 2010, a BDZ was formed for the Seniors' Resource Center (SRC) at 3227 Chase Street. SRC received a 100% rebate of the eligible fees, charges and taxes including use tax, building permit fees and plan review fees totaling $102,279 for the expansion and redevelopment of the SRC facility. Staffs justification for recommending approval of the BDZ was based on the public improvements to this area of the City, the increase in senior services provided to the community and the expected incremental future tax revenue from potential sales tax revenue generated by workers on the site during construction and staff and visitors to the SRC. The SRC also had at the time of application not finished their fundraising efforts for the project, so they were able to demonstrate a financial need for the rebates. The second use of the BDZ program was in 2011. Relocating from Lakewood to Wheat Ridge, Reglera provided over $600,000 in tenant improvements and transferred over 45 primary jobs to a facility at 11925 West I-70 Frontage Road. Reglera anticipates a future expansion of over $2,000,000 and staff recommended formation of a BDZ based on jobs, use tax generation, and additional sales tax revenues during construction. Reglera received a 50% rebate of eligible fees, charges and taxes totaling $40,500. Council Direction Requested Currently, participation in the BDZ program is open to any owner or proprietor of an established, proposed or newly purchased business, or the owner or proprietor of an existing business which wishes to expand. 1. Staff recommends that City Council establish Business Development Zones in targeted areas of the City to leverage other public and private investments and to provide additional incentives in those areas of the City ripe for investment. These areas would include the following four geographic areas: a. Clear Creek Crossing b. 38th A venue "Main Street" c. Wadsworth!fown Center d. Gold Line/Ward Road Transit Oriented Development These are four of the five target redevelopment areas identified in the City's comprehensive plan "Envision Wheat Ridge". Staff recommends these specific geographic areas due to the fact that they have seen or will see significant investment from both the public and private sectors. 2. Staff recommends that City Council amend the Wheat Ridge Code of Laws to specify that the following industries will receive preference by City Council for consideration of a BDZ Agreement: a. Niche and Specialty retail -gardening, landscaping, and produce retailers; outdoor lifestyle and recreation retailers; full service, sit-down restaurants; furniture, hardware and clothing stores b. Primary employers -medical-related facilities and supporting services to complement the Exempla Lutheran hospital, and clean energy and biotechnology companies to locate in the Clear Creek Crossing or TOD area Past growth in retail sales in Wheat Ridge was primarily due to two industries: health care and auto sales/service. While these relatively weak sales tax generating industries flourished, other stronger sales tax generators declined in their share of retail sales, including food stores, eating/drinking establishments, building materials and finance/insurance and real estate. Sales leakage information indicates that Wheat Ridge residents purchase furniture, clothing, building materials and garden equipment/supplies and visit food and drinking establishments in areas outside of Wheat Ridge. These industries present potential future retail opportunities in Wheat Ridge. Arvada and Lakewood have been attracting jobs more effectively than Wheat Ridge in the recent past. Between 2000 and 2005 Wheat Ridge's increase in jobs was slower than most communities in Jefferson County. The high quality oflife, general affordability, and convenient location are all positive attributes unique to Wheat Ridge. The City can leverage these attributes along with economic development incentives to attract primary employers to Wheat Ridge. Staff recommends this focused and targeted approach for the implementation of the BDZ program. However, we do understand that unique opportunities may present themselves which fall outside of these recommended parameters. Therefore, Staff recommends that Section 22-93 (c) of the Code remains as written which allows City Council to grant exceptions to the BDZ program by a three-fourths (3/4) majority vote. Staff looks forward to discussing these recommendations with you further at the study session on April 16111• Attachment: 1. Division 5. Business Development Zone of the Wheat Ridge Code of Laws Municode Page 1 of5 Sec. 22-85. -Program established. There is hereby established within the city the "Wheat Ridge Business Development Zone" program. (Ord. No. 888, § 1, 1-13-92; Ord. No. 1272, § 1, 12-9-02) Sec. 22-86. -Legislative declarations. (a) The city council of the city hereby finds and declares: (1) That the health, safety and welfare of the people of this city are in large part dependent upon the continued encouragement, development and expansion of opportunities for employment in the private sector in this city; (2) That there currently exists in this city businesses or vacant land which require new development or revitalization opportunities to overcome conditions of unemployment, underemployment, net out-migration of the population, diminution of tax revenues, chronic economic distress and blighting influences such as, but not limited to, deterioration of business districts, deterioration of public infrastructures, traffic and drainage problems or sudden severe economic dislocations; (3) That by creating new development, redevelopment or expansion opportunities for businesses within the city the city council will increase the likelihood that new and improved businesses will generate more municipal sales and use tax revenues for the city in the future. (b) It is therefore declared to be the policy of the city, in order to provide incentives for private enterprises to expand or for new businesses to locate in the city, to develop a program which empowers the city council to designate portions of the city as a "business development zone" and to provide for the abatement of certain categories of fees, taxes and other business development-related charges for new development or redevelopment within such districts. (c) The city council has enacted this division 5 of article I of chapter 22 of the Code of Laws as a joint benefit to the public at large and to private owners for the purposes of reducing blight in our business districts and of providing the city with increased sales and use tax revenues generated upon and by properties improved as a result of this program and allowing owners and proprietors opportunities to improve properties which generate sales activities, which improvements make those properties more competitive in the marketplace and further provide to owners and proprietors additional contingent sources of revenues for ungrading such properties. (d) The city council specifically finds and determines that creation of this "business development zone" division and the exercise of the powers enumerated herein are consistent with and promotes the public health, safety and general welfare of the citizens of Wheat Ridge. (Ord. No. 888, § 1, 1-13-92; Ord. No. 1993-947, § 1, 12-13-93; Ord. No. 1272, § 1, 12-9-02) Sec. 22-87. -Definitions. As used in this division, the following phrases shall have the following meanings unless the context clearly indicates another meaning: (1) http:/ /library .municode.corn!print.aspx?clientiD= 11707 &HTMRequest=http%3a%2f'/o2fli... 4/11/2012 Municode Page 2 of 5 The phrase eligible city fees, charges and taxes shall mean and shall be limited to use tax on furniture and fixtures associated with the initial development or redevelopment "project," use tax on building materials, building permit fees and zoning fees. (2) The phrase expected incremental future sales and use tax revenue shall mean the amount of the additional sales and use tax revenue, as projected by the city, expected to be generated during the council-designated time period from the time of completion of the "project" over and above the sales and use tax fees generated on the premises in the twelve (12) months preceding the application described in section 22-88 (3) The phrase owner or proprietor shall mean the record owner, tenant or operator of an individual business or, in the case of a shopping center, the owner of the real property upon which more than one business is operated. (4) Project shall mean the specific development or redevelopment expenditures which relate both to the abatement of "eligible city fees, charges, and taxes" and "expected incremental future sales and use tax revenues." (Ord. No. 888, § 1, 1-13-92; Ord. No. 1272, § 1, 12-9-02) Sec. 22-88. -Participation. Participation in the business development zone program shall be based upon approval by the city council, exercising its legislative discretion in good faith. Any owner or proprietor of an established, proposed or newly purchased business, or the owner or proprietor of an existing business which wishes to expand, may apply to the city for inclusion within the program. Abatement or sharing of eligible city fees, charges, and taxes shall, upon approval of the application by the city council, be granted up to the amount of expected incremental future sales and use tax revenue to be generated by the project during the agreed to time period. (Ord. No. 888, § 1, 1-13-92; Ord. No. 1272, § 1, 12-9-02) Sec. 22-89.-Approval of agreement; use of funds generally. Approval by the city council of an agreement implementing the provisions of this division shall entitle the applicant to share in the eligible city fees, charges and taxes up to the amount agreed by the city council; provided, however, that applicant may use such amounts only for the purpose of developing or redeveloping the business within the approved business development zone, which purposes shall be specifically enumerated in the agreement provided for in section 22- ~hereof. (Ord. No. 888, § 1, 1-13-92; Ord. No. 1272, § 1, 12-9-02) Sec. 22-90. -Uses enumerated. The uses to which the eligible city fees, charges and taxes may be put by an applicant shall be strictly limited to those which are approved by the city council and relate directly to the development or redevelopment of businesses within the city, which developed or redeveloped businesses will generate more municipal sales and use tax revenues for the city in the future. Priority shall be given to all businesses which make application for inclusion within this program and who agree to utilize the eligible city fees, charges and taxes for the public or public-related purposes identified section 22-78 of this Code of Laws. (Ord. No. 888, § 1, 1-13-92; Ord. No. 1272, § 1, 12-9-02) http://library .murucode.com/print.aspx?clientiD= 11707 &HTMRequest=http%3a%2fll/o2fli... 4111 /2012 Municode Page 3 of5 Sec. 22-91. -Increments, sharing of funds. The base figure for eligible city fees, charges and taxes shall be divided into twelve (12) monthly increments, which increments are subject to agreement between the parties and approved by the city council, and which increments shall be reasonably related to the amount of sales and use taxes generated on the premises in the twelve (12) months preceding the application received by the city for participation in this program. The accounting and payment provisions of sections 22- N and~ hereof are hereby declared to be applicable to any application approved hereunder. (Ord. No. 888, § 1, 1-13-92; Ord. No. 1272, § 1, 12-9-02) Sec. 22-92. -Capital improvement fund. The one (1) percent of use taxes earmarked for the capital improvement fund may be utilized in this business development zone program for public improvements so long as the same are within the meaning of the phrase capital improvements as defined in the voter-approved sales tax referendum previously held within the city, and provided the public improvements are found and determined by the city council to be capital improvements which could be provided by the city from the capital improvement fund but for the provision of such improvements by the applicant. (Ord. No. 888, § 1, 1-13-92; Ord. No. 1272, § 1, 12-9-02) Sec. 22-93. -Criteria for approval of application. (a) Approval of an application for inclusion in this business development zone program shall be given by the city council at a public hearing held as a portion of a regularly scheduled city council meeting based upon the following criteria: (1) The amount of expected incremental future sales and use tax revenue which [can] reasonably be anticipated to be derived by the city through the expanded or new tax generating business; (2) The public benefits which are provided by the applicant through public works, public improvements, additional employment for city residents, etc.; (3) The amount, if any, of city expenditures which may be deferred based upon public improvements to be completed by the applicant; (4) The conformance of the applicant's property or project with the comprehensive plan and zoning ordinances of the city; (5) The agreement required by section 22-94 hereof having been reached, which agreement shall contain and conform to all of the requirements of such section. (b) Approval of any application shall be made by motion adopted by a majority of the entire city council. (c) The city council may by three-fourths(%) majority vote approve exceptions to the provisions of this division when such exceptions are found to be in the public's interest and such exceptions provide substantial benefit to the city. (Ord. No. 888, § 1, 1-13-92; Ord. No. 1993-947, § 2, 12-13-93; Ord. No. 1272, § 1, 12-9-02) Sec. 22-94. -Agreement required. Each application for approval to the city council shall be subject to approval by the council solely on its own merits. Approval of one application shall not require, or be deemed precedent for, http://library .municode.com/print.aspx?clientiD= 11707 &HTMRequest=http%3a%2f'%2fli... 4/11/2012 Municode Page 4 of5 approval of any other application. Approval of an application shall require that an agreement be executed by the owner and the city, which agreement shall, at a minimum contain: (1) A list of those public or public-related improvements which justify applicant's approval, and the amount which shall be spend on such improvements; (2) The maximum amount of expected incremental future sales and use tax revenue and the maximum time during which the agreement shall continue, it being expressly understood that any such agreement shall expire and be of no further force and effect upon the occurrence of the earlier to be reached of the maximum time of the agreement (whether or not the maximum amount to be shared has been reached) or the maximum amount to be shared (whether or not the maximum time set forth has expired); (3) A statement that this is a personal agreement which is not transferable and which does not run with the land; (4) That this agreement shall never constitute a debt or obligation of the city within any constitutional or statutory provision; (5) The base amount which is agreed upon by month, and the fact that if, in any month as specified, expected incremental future sales and use tax revenue received from the property does not at least equal such amount, that there shall be no sharing of funds for such month; (6) The base amount shall be agreed upon, which shall consider the use taxes generated by the property in question, or a similar property within the city in the event of a new business; (7) A provision that any expected incremental future sales and use tax revenue shall be escrowed in the event there is a legal challenge to this business development zone program; (8) An affirmative statement that the obligations, benefits and/or provisions of this agreement may not be assigned in whole or in any part without the expressed authorization of the city council, and further that no third party shall be entitled to rely upon or enforce any provision hereof; (9) Any other provisions agreed upon by the parties and approved by the city council. (Ord. No. 888, § 1, 1-13-92; Ord. No. 1272, § 1, 12-9-02) Sec. 22-95. -Joint venture liability. The city council has enacted this business development zone as a joint benefit to the public at large and to private owners for the purposes of providing the city with increased tax revenues generated upon and by properties improved as a result of this program; public improvements being completed by private owners through no debt obligation being incurred on the part of the city, and allowing applicants an opportunity to improve properties which generate sales and other business activities. The city council specifically finds and determines that creation of this business development zone is consistent with the city's powers as a home rule municipal corporation, and that exercise of such powers in the manner set forth herein is in furtherance of the public health, safety and welfare. Notwithstanding any provision hereof, the city shall never be a joint venture in any private entity or activity which participates in this business development zone program, and the city shall never be liable or responsible for any debt or obligation of any participant in this business development zone. (Ord. No. 888, § 1, 1-13-92; Ord. No. 1272, § 1, 12-9-02) http:/ /library .municode.com/print.aspx?clientiD= 11707 &HTMRequest=http%3a%2fl/o2fli... 4/11 /201 2 .... ~'~ .. ~ r City of • .. ~Wheat&__dge ~OFFICE OF THE CnY MANAGER TO: FROM: DATE: SUBJECT: Memorandum Mayor and City Council ()).. Patrick Goff, City ManagerJ.::{/' April 16, 2012 Wheat Ridge Business District Grant Program -ADA Accessibility A consensus was reached by City Council at the April 9th City Council Meeting to add to the April 16th study session agenda a discussion in regard to funding the Wheat Ridge Business District to provide ADA Accessibility grants to local businesses. Council Member Davis and City Staff met with the Wheat Ridge Business District to discuss this proposed grant program. Staff will be available at the study session to discuss this item further. Attachment: 1. Wheat Ridge Business District Revitalization Incentive Program (current) ~Ridge BUSINESS DISTRICT Revitalization Incentive Program What is the Wheat Ridge Business District Revitalization Incentive Program? The program offers up to $11,000 in matching funds to commercial businesses in the City of Wheat Ridge in order to improve the appearance of individual buildings, as well as the overall look of the city. More funding may be available for extensive renovations done by those paid prevailing wages through the Large Project category. All improvements must be to areas visible from the public right-of-way. The goal of this program is to leverage private improvements while making revitalization efforts affordable, creative, and community-based. Local bonus funding will be made available to those commercial businesses that use a business located and licensed in Wheat Ridge as their contractor for the improvements. Upon demonstration of using a licensed Wheat Ridge contractor the maximum grant award will be increased by 10%. As an example, if XYZ Business used Wheat Ridge Contracting, the maximum eligible fac;ade grant of $6,ooo would be increased to $6,600. The Revitalization Incentive Program is administered by Wheat Ridge 2020 through an agreement with the Wheat Ridge Business District, a volunteer group comprised of Wheat Ridge business owners, property owners, and civic leaders. How does the application process work? After review of the application, the applicant should meet with representatives of Wheat Ridge 2020, and then complete the Program Application Form, with attached documentation. Such documentation includes (but is not limited to): architectural drawings, material/ color samples, and cost estimates. (At least two bids are required.) Wheat Ridge 2020 will conduct a final review of the application and supporting materials, and then make a recommendation to the Board of Directors of the Wheat Ridge Business District. The Board of Directors will vote to accept, accept with conditions, or deny the application. If the application is accepted, the applicant will receive a Letter of Commitment from the Wheat Ridge Business District indicating the specific amount of grant funding and information on any other requirements. The applicant can then proceed with the necessary review and permit process required by the City of Wheat Ridge. Funds will be released to the applicant upon full completion of the construction of the project, and inspection of the improvements by representatives of the Wheat Ridge Business District for determination that the actual work performed Revised: 09/02/11 Revitalization Incentive Program Description Attachment 1 Page I was the work submitted in the application process. Copies of paid invoices (receipts) must be submitted to the Board for reimbursement. There is a grant management fee of up to s% of the approved grant amount that will be deducted from the grant award. If an application is denied, a new application can be submitted anytime after 30 days from the date the application was denied. Who can apply for funding? Any building owner or store proprietor/tenant with lease authority or authorization from the building owner can apply for funding. The project site must be located within Wheat Ridge. Tenants must have a minimum of two years remaining on their lease or an option to renew. Only architectural work completed prior to application approval is eligible for grant assistance. Applicants must be a member of Enterprise Wheat Ridge or become one. Membership starts at $so.oo. Enterprise Wheat Ridge is an association of local businesses that provides networking, information and training opportunities. The Wheat Ridge Business District is committed to the success of all businesses within the City. Enterprise Wheat Ridge may be contacted at www.wheatridge.biz. To be eligible for the Large Project grant, the applicant must be willing to ensure that federal minimum prevailing wages are paid to their contractors and sub- contractors. Proof of meeting the minimum prevailing wages must be included with requests for reimbursement. More information regarding prevailing wages can be found at www.access.gpo.gov/davisbacon. What types ofimprovements are eligiblefor funding? • Fa~de • Signs (new, repairs, replacements, removal) • Architectural/Design Assistance Are there any design guidelines? Projects must conform to all aspects of the Zoning and Development Code of the City of Wheat Ridge (as may be amended). For 38th Avenue, this specifically includes the Streetscape and Architectural Design Standard Manual. In order to receive matching grant funding, projects must be approved by the Wheat Ridge Business District Board of Directors. Maintenance such as painting, chairs, and equipment are NOT covered under the program unless painting is part of an overall fa~de improvement. The Wheat Ridge Business District has a separate Commercial Exterior Paint Program. Revised: 09/0211 1 Revitalization Incentive Program Description Page 2 Sign applicants must be sure to get a sign permit and check the sign code at the City. Sign grant award amounts are tiered based on the length of time the business has been in operation. How is the funding awarded? This is a matching grant program, which means that the applicant pays a portion of the improvement and the Wheat Ridge Business District pays a portion. The amount of the match must be at least 1:1-the applicant pays $1 and the Wheat Ridge Business District pays $1. However, there is a maximum grant contribution by the Wheat Ridge Business District of: $3,000 per project for signs, based on length of time in business $6,ooo for fa~de improvements $2,000 Architectural/Design Assistance (matching award reimbursed after approved work is completed. Applicant is responsible for all architectural fees.) Upon demonstration of using a Wheat Ridge based contractor the maximum grant award will be increased by 10% as a local bonus. The match in the Large Project category is negotiated based on the scope of the project. Work completed prior to the Letter of Commitment, other than Architectural, is not eligible for funding. Grant funds are disbursed on a reimbursement basis, and cannot be issued until the proposed project has been fully completed. Before funds are released, applicants will need to submit proof of payment for completed work and representatives of the Wheat Ridge Business District must review the completed project to determine that the actual work performed was the work that was approved. At least two photos of the completed project must also be submitted to reception@wheatridge2020.org. How do I receive funding for Architectural/Design Assistance? 1. Architectural/Design Assistance can be requested for fa~de improvements only. 2. Request for approval of architectural assistance should be made as part of the application process. 3· Request for reimbursement can be made upon completion of the project. Copies of paid invoices are to be submitted to the Board along with the request for reimbursement. How are projects selectedfor funding? Applications will be reviewed and selected based on their compatibility with the vision and goals of the Board of Directors of the Wheat Ridge Business District as well as availability of funds. Revised: 09/02/1 I Revitalization Incentive Program Description Page 3 What happens after a project is selectedfor funding? Work selected for a matching grant from the Wheat Ridge Business District must be completed within 6 months of approval of the application-unless extended by the Board of Directors. The applicant is responsible for obtaining all building permits and any other required permits for the work to be done. The applicant is responsible for conformance with all applicable safety standards and conditions. The applicant also agrees to maintain the property and the improvements made through the Revitalization Incentive Program. The Wheat Ridge Business District may promote an approved project by numerous means including, but not limited to, the following: Display of a Wheat Ridge Business District sign or sticker at the site during and after construction; the use of photographs and descriptions of the project in Wheat Ridge Business District communications and materials. Note: The Wheat Ridge Business District reserves the right to make changes in the conditions of the Revitalization Incentive Program as warranted. For additional information contact: Wheat Ridge Business District PO Box 1268 Wheat Ridge, CO 80034-1268 The following numbers are staffed by Wheat Ridge 2020. Phone: 720-259-1030 Fax: 303-940-9332 Attachments: 1. Revitalization Incentive Program Application 2. Enterprise Wheat Ridge Application 3. General Conditions 4. Commercial Exterior Paint Program Revised: 09/0211 1 Revitalization Incentive Program Description Page 4 ,...~~ .. .... _ .,. City of • .. ~Wheat~dge ~OFFICE OF THE MAYOR A N D CITY COUNCIL Memorandum TO: Council Members FROM: Davis Reinhart and Bud Starker DATE: Aprilll , 2012 (for Study Session of April16, 2012) SUBJECT: Consensus Discussion Councilman Starker and I would like to add an Agenda item to the 4/16/12 Study Session to discuss how consensus is generated when Council is not at a meeting together (i .e. by phone, email, etc.). Topics and questions might include the following: • Who may initiate a call for consensus? • Should an effort be made to generate consensus outside of a meeting on a topic that is not time sensitive? • By definition consensus expresses the will of the group. If one or more members are not able to express their opinion on the question at hand, can consensus be generated?