STUDY SESSION AGENDA

CITY COUNCIL CITY OF WHEAT RIDGE, COLORADO

7500 W. 29th Ave. Wheat Ridge CO

May 4, 2015

6:30p.m.

Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Administrative Services Director at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance.

Citizen Comment on Agenda Items

.1. DRCOG Sustainable Communities Initiative

2. Staff Report(s)

a) ADA Transition Plan: Program Status/Update

b) Code Enforcement Strategy Update

c) 1-70/Kipling Corridor Crime/Traffic Update

3. Construction Defects

4. Elected Officials' Report(s)

ADJOURNMENT ~ . ... City of ~ Wheat&_dge ..JVc"oMMUNITY DEVELOPMENT

Memorandum

TO: Mayor and City Council

FROM: Kenneth Johnstone, Cornrnu~) Development Director

THROUGH: Patrick Goff, City Manager ~

DATE: April 24, 2015 (for May 4 study session)

SUBJECT: DRCOG Sustainable Communities Initiative

ISSUE: Denver Regional Council of Governments' (DR COG) Sustainable Communities Initiative (SCI) grant from US Housing and Urban Development (HUD) is concluding. The project has been led by the DRCOG Board and an executive oversight committee, including private sector and non­ profit representation. Mayor Jay is a member of the executive committee.

City staff members from Public Works, Planning and Economic Development have been actively participating in various aspects of the process for more than two-and-a-half years through a group known as the Gold Line Corridor Working Group (CWG). As part of the project wrap-up, Paul Aldretti, DRCOG's project manager for the grant, is presenting an overview of project results to all local governing boards that participated in the project.

PRIOR ACTION: City Council passed Resolution No. 26, Series 2011 on August 22, 2011 , strongly supporting DRCOG's joint application for the funding request to help implement their Metro Vision Plan. On September 22, 2011 , Mayor DiTullio signed a letter to HUD Secretary Donovan further supporting the grant application and committing to provide $18,000 of in-kind contributions to the project, mostly in staff time.

FINANCIAL IMPACT: As noted above, the City committed to an $18,000 local match to support the project, comprised of staff time, use of City meeting facilities and the City's $10,000 local match for the recent ULI Technical Advisory Panel. The City's local match has been approximately $33,000 over the past two-and-a-half years. The documents prepared through the project have been of great value to the City and far exceed that local match. Those include: • Market Study • Housing Study • Ridge Road multi-modal preliminary design documents 1 • 50 h Place/Ward Road traffic analysis and signal warrant study Staff Memo - Sustainable Communities Initiative May 4, 2015 Page2

BACKGROUN D: The overall goal of the grant application was to further regional and local sustainability goals as reflected in the regional master plan, Metro Vision 2035. In particular, the project sought to maximize the benefits and leverage the investment the region is making in mass transit through the FasTracks program. The Denver Metro region has a long history of working collaboratively as represented by Th e Mile High Compact, a voluntary agreement signed by 46 communities representing 90% of the region' s population. The Compact is an agreement to manage growth in a manner consistent with the vision and goals established in Metro Vision.

This grant-funded project took a regional focus on issues related to housing, multi modal transportation, economic development and job creation. The project also sought to reach out to a broad representation of regional populations through a comprehensive public outreach process guided in part by a stakeholder committee, which included Wheat Ridge representation.

In addition to the regional focus and regional level of analysis and recommendations, the project also had a specific focus on four FasTracks corridors: West Line, Gold Line, East Corridor (DIA train) and Northwest Rail. Each of these corridors, through their CWGs and stakeholder committees identified corridor-specific project goals and objectives. For the Gold Line, several of the specific goals and objectives included the preparation of the following: • Affordable Housing Preservation and Creation Strategy • Market Readines~ Study • Economic Development Strategy

Each of the corridors also received funding for a catalytic project. These projects were intended to be design projects that could be moved forward to implementation and would assist and "catalyze" transit-oriented development near a station. For the Gold Line, the City of Wheat Ridge was awarded the catalytic project, which was a design study for potential multi-modal transportation improvements to Ridge Road between Miller Street and Ward Road.

RECOMMENDATIONS: DRCOG will present a broad overview of the findings for Council's consideration at the meeting. The Corridor Blueprint (attached) is the summary document and there are several additional documents and work products that are cross-referenced in the Blueprint. DRCOG and City staff will be available for questions. Given the depth and breadth of material included in the Blueprint, staff would request direction from Council whether any of the supporting documents or topics should be brought back to Council for further discussion and action.

ATTACHMENTS: 1. Sustainable Communities Initiative Gold Corridor Blueprint Sustainable Communities Initiative Gold Corridor Blueprint

Background In November 2011, as part of a coordinated effort with 86 partner organizations, the Denver Regional Council of Governments (DRCOG) was successful in securing a $4.5 million Regional Planning Grant for the benefit of the region from the Sustainable Communities Partnership, a federal collaboration of the US Department of Housing and Urban Development {HUD), Department of Transportation (DOT), and Environmental Protection Agency (EPA). With this grant a consortium of municipalities, counties, state agencies, economic groups, housing authorities, and corporate interests joined with nonprofit, philanthropic and academic organizations to address one of the region's most pressing and exciting challenges: leveraging the planned multi-billion dollar expansion of the FasTracks transit system to meet other regional needs and opportunities.

The overarching goal of the Sustainable Communities Initiative (SCI) is to align investments, programs and policies to maximize the benefits that result from the region's investment in transit. SCI anticipates a region with greater access to job opportunities across the entire income spectrum, lower combined transportation and housing costs, reduced consumption of foss il fuels, reduced strain on our air and water resources, and ultimately the development of concentrated, mixed-use, pedestrian- and bicycle­ friendly "urban centers" along transit lines that allow residents to easily access their daily needs without having to get into a car. The introduction of transit provides a once-in-a-generation opportunity to achieve this vision.

The work plan is divided into five main activities. The first three represent distinct but interrelated planning levels- regional, corridor and site-specific (Catalytic Projects). The remaining two ­ Stakeholder Engagement and Outcomes Assessment and Knowledge Sharing (OAKS) - cut across and support planning efforts at all three levels.

Corridor Planning This Blueprint serves as the final report of the Corridor Planning efforts. It is designed to support on­ going collaborative cross-jurisdictional and inter-agency planning and development along the three transit lines currently under construction as part of the Eagle P3 public-private partnership {Northwest Rail Line, East Ra il Line, and the Gold Line), as well as US 36 Bus Rapid Transit {BRT). The corridors are defined as the area within one mile of these lines. long-term desired outcomes include thoughtful planning for development along the new transit corridors that maximizes the benefits of the region's investment in FasTracks. Specifically, these efforts are intended to help increase access to employment and educational opportunities (particularly for low-income households), decrease combined housing and transportation costs, support active living and healthy aging, reinvigorate existing neighborhoods,

Attachment 1 , I "' set DRG-Ci 0 ~- -- . [ j ,,,,,,;,·.,,.,, enhance economic competitiveness, reduce pollution, and improve the efficient use of natural resources including energy and water.

The Gold Corridor follows RTD's Gold Line (G Line). It consists of seven stations after Denver Union Station

~ Line 88t;J)

80th Ave ~, ------~------~

74th Ave

ARVADA 84th Ave

58th Ave

~ J?ve- ' i ~ EAT RIDGE c: 38th Ave a. Q ~ 41st-Fox 32ndAve 1 CJ) 26th Ave

20th EDGEWATER A N

Each corridor established a Corridor Working Group (CWG) comprised of staff from jurisdictions along the corridor including those representing planning, public works, economic development, and public health departments. The CWG also included housing authorities, transportation management associations, the Regional Transportation District (RTD), and other key stakeholder to conduct corridor planning activities. These activities included:

1. Developing a corridor vision and identifying a set of goals to achieve that vision 2. Identifying a corridor-wide issue that would benefit from technical assistance funding available through the SCI grant to study potential opportunities, issues and strategies

Page 2 , . , I " '!t set DRG- {; ft ~ f) ~ ""' ~- - . [ (, /11,/• /.•, ··,r ·. 3. Selecting a site-specific Catalytic Project in the corridor for pre-development planning funded by the grant to stimulate transformational changes and serve as a model for similar projects 4. Recommending specific actions based on all the activities conducted by the CWG to serve as guidance for future collaborative development efforts in the corridor

Stakeholder Engagement To ensure all constituents with a stake in the outcome were engaged in the corridor planning process, each CWG received input from a broader Corridor Stakeholder Committee (CSC). Each esc was comprised of 10-20 community leaders representing residential and business interests from communities in the corridor. Representation and areas of interest included:

• All ages, incomes and abilities • Low-income communities or those at-risk of displacement • Person(s) with limited English proficiency (LEP) • Communities of color • Small business ownership • Housing (mixed-income/affordable/workforce) • Transportation access or alternatives (multimodal - trails, cycling, walk-ability) • Public health and/or safety • Education and training • Job creation/retention or economic development • Arts/cultural resources

While the CWG was comprised of the decision makers and implementers, the CSC served in an advisory capacity to this group. They provided feedback from the resident perspective at key decision points in the planning process including the vision, goals and recommendations. This relationship provided a direct link to the implementers.

The esc was critical to achieving broader stakeholder engagement goals for the corridor planning process . Committee members helped design activities for a large public workshop, identified additional opportunities for public education and participation, and recruited participants. The committee also had a heavy focus in education and allowed members to gain a broader understanding of the larger opportunities and benefits of being connected to the regional rapid transit network. The intent was to provide the background and tools necessary to foster development of leadership in corridor implementation.

Gold Corridor Blueprint- Contents This blueprint consists of the following:

• Corridor Vision and Goals • Corridor Profile Overview - baseline data and mapping • Catalytic Project and Technical Assistance Outcomes Summaries Page 3 , I " sc1· DRG._c; 0 -1..ll...- ...... ,_ ![,,.,1./i'•l'i"•' • Stakeholder Profile • Recommendations

In addition, several full reports are included as appendices. These include:

• Corridor Profile • Catalytic Project Report • Technical Assistance Report- full report

Acknowledgments It is important to acknowledge the following individuals and organizations whose contributions directly resulted in the success of this work and the quality of its outcomes.

Gold Corridor Planning Participants

• Jeanne Shreve - Adams County, • Jeff Rom ine - City and County of Denver, Office Transportation Projects Section * of Economic Development • Joelle Greenland- Adams County, • Emily Silverman- City and County of Denver, Community Development * Public Works * • Julia Ferguson- Adams County, • Jenn Hillhouse- City and County of Denver, Sustainability Program Public Works * • Don May - Adams County Housing • Alan Feinstein - Jefferson County Housing Authority * Authority * • Mike Elms - City of Arvada, Community • Patrick Mclaughlin - Regional Transportation Development District * • Kevin Nichols- City of Arvada, Community • Mike Turner- Regional Transportation District Development * • Jessica Prosser- City of Arvada, • Steve Art - City of Wheat Ridge, Economic Sustainability * Development and Urban Renewal * • Bill Honer- City of Arvada, Public Works • Ken Johnstone - City of Wheat Ridge, Community Development * • John Firouzi- City of Arvada, Public Works • Steve Nguyen -City of Wheat Ridge, Engineering • Daniel Ryley- City of Arvada, Economic • Scott Brink- City of Wheat Ridge, Public Works Development Association • Ed Talbot- City of Arvada, Housing and • Molly Hanson- Jefferson County Public Health * Neighborhood Revitalization • Clark Walker- Arvada Urban Renewal • Max Gibson- Jefferson County Public Health Authority * • Steve Gordon- City & County of Denver, Planning & Development

* Primary Gold Corridor Working Group (CWG) Members Page4 , I ~ ·: set DRG--Jc; ft ~ f ).: \,.) ~- _.,.__ ' . fl. /<1,1, 1,·, ",., ' Gold Corridor Stakeholder Committee {CSC) Members

• Rick Adams • Bill Husson • Diana Andrade • Christine Jensen • Vincent Baldassano • Dave Oletski • Hank Braaksma • Tom Ripp • Patricia Connell • Virginia Rome • Lee Erickson • Jane Schnabel • Britta Fisher • Lupe Trujillo • Harriet Hall • Thomas Trujillo • Yulia Hernandez • Sharon Whitehair • Eugene Howard • Bob Wilson

Stakeholder Engagement Team FRESC: Good Jobs/Strong Communities- Desiree Westlund, Samaria Crews Transit Alliance- Kathleen Osher, Christopher Coble PlaceMatters- Ken Snyder, Peter Kenney, Jocelyn Hittle, Brad Barnett, Critter Thompson, Kayla Gilbert, Marine Siohan

DRCOG staff Paul Aldretti- Sustainable Communities Coordinator Ashley Kaade- Outreach Specialist Michele Anderson- Regional Planner Anna Garcia- Regional Planner

In addition, SCI recognizes the work of CDR Associates in providing support and facilitation to the Corridor, particularly Laura Sneeringer. SCI also recognizes Catherine Cox Blair and Bill Sadler from Reconnecting America for developing the Corridor Profiles and their indispensible technical assistance. Finally, SCI recognizes the Denver Foundation for providing funding in support of the CSC and other stakeholder engagement efforts.

Page 5 , I ., set DRG._Ci

\.Jn ~ I ' ' - - :s:::'1"'- -- ' I ' I• ,J' I ' I' I'' Gold Corridor Visions and Goals

Gold Corridor Vision

The Gold Rail Line Corridor connects unique and historic transit-centered communities with a range of housing choices and easy access to job centers, recreation, educational and development opportunities. Served by diverse transportation modes for a wide range of socio-economic populations, the Gold Line Corridor supports active, healthy and sustainable lifestyles.

Gold Corridor Goals

• Improve connectivity to the stations and between transit service lines to provide safe, easy multi­ modal access for people of all ages and abilities.

• Create and preserve a range of quality housing choices throughout the corridor for new and existing neighborhoods and residents of all incomes, age groups and abilities.

• Identify, attract, sustain and expand a diverse and unique economic base of jobs along the corridor.

• Leverage public investment to attract private development along the corridor and create unique places.

• Attract and enhance access to amenities and services such as education, family and health services, and healthy food options.

• Provide and enhance access to parks, open space, recreation and community building opportunities along the corridor.

• Promote denser development near the stations to conserve resources and reduce the combined costs of transportation and housing.

Page 6 , I ~ .. . set DRG-c; 0 ~ -._ · · [ !, ,,,,J,f,·,·r·.. · Gold Corridor Profile Overview

The Corridor Profile report provides a comprehensive summary of relevant information and strategies for implementing successful transit-oriented development (TOD) along the Gold Corridor. At the beginning of the corridor planning process in 2013, Reconnecting America examined all station area plans and other relevant studies along the corridor, as well as demographic, economic and real estate conditions at each station and throughout the Gold Corridor, to create a summary report of existing conditions and opportunities and challenges to implementing TOO. The report was updated in June 2014. The Corridor Profile also provided initial recommendations to the Gold CWG for moving from vision in the station area plans to reality in the corridor, including additional technical assistance needs that could be funded through the SCI.

The Corridor Profile provided recommendations to the Gold CWG as it moved forward with implementation activities for transit-oriented development along the Gold Corridor. The primary audience was working group members and their respective agencies. The goal was for the CWG to use the information, analysis and recommendations contained in the report to strategically prioritize investments, funding sources, and development to benefit the corridor as a whole. The report also serves as evidence of the tremendous amount of work already done by the various agencies along the corridor to make TOO a reality.

· The Corridor Profile also is intended to be a resource to:

• Internal staff and elected officials in jurisdictions along the corridor. • The development and investment community, both private and nonprofit, looking to invest in station areas along the Gold Rail Line • RTD and its Board of Directors • DRCOG • Local and regional economic development agencies • Potential government and foundation grantors • Other cities, housing authorities, transit agencies, economic development, and regional governing bodies around the U.S. • Residents of Arvada, Wheat Ridge, Denver, and Adams County

The report charts an initial course for the Gold CWG and the other "partners" who will ultimately be responsible for implementing station area plans and additional goals identified by the CWG itself. The report provides a "snapshot in time" or baseline. As conditions change, this strategy must be updated.

The full Corridor Profile can be found in the appendix to this document.

Page 7 , I ~ sc·t DRG._ti

n 0 ill 1 o11/lol'/r "" ....,_ ·-~ ~-~ • !f,l• I , Organization of the Corridor Profile This blueprint consists of the following:

• Gold Corridor Overview: A brief overview of the Gold Corridor and the draft Vision and Goals created by the Gold CWG

• Importance of Corridor Planning: A summary of the benefits of corridor planning and how this report can help inform decisions made on the Gold Corridor

• Reconnaissance Summary: An overview of demographics and economic characteristics of the Gold Corridor and a review of station area and other relevant plans along the corridor, with accompanying maps (revised June 2014)

• Opportunities and Challenges Assessment: A review of the opportunities and challenges to implementing TOO along the Gold Corridor, with information on each station area and corridor­ wide opportunities and challenges.

• Corridor-wide Recommendations for Implementation: A matrix of recommendations for implementing TOO along the Gold Corridor, including an initial priority list created by the Gold CWG to select activities to fund with SCI Technical Assistance funds.

Page 8 Gold Corridor Catalytic Project & Technical Assistance Overview

Catalytic Project The Catalytic Project study involved detailed pre-development planning intended to encourage new development and/or redevelopment at a specific site that offers the potential for transformational change. The long-term desired outcome of Catalytic Projects is the creation of tangible, proven models for effectively and efficiently achieving economic, housing, transportation, and environmental objectives at the site-level. Based on the existing conditions, market potential, needs assessment, station area typology and associated implementation strategies, the CWG identified several sites as potential catalytic projects. The CWG then set up a process for selecting one specific catalytic project to receive grant funding, with input from the stakeholder committee. The CWG considered the following criteria when selecting catalytic projects:

• Furtherance of Metro Vision goals • Addresses multiple Federal Livability Principles • Replicability • Potential for additional regional benefits • Viability- technical and financial • Inclusive grassroots resident leadership (existing or potential) • Likelihood of spurring additional private-sector development • Other criteria to be determined by the CWG

Upon selecting a site, the CWG developed a detailed scope of work (SOW) for specific activities at that site and determined the need for consultant support. DRCOG integrated the statement of work into a request for proposals, which was reviewed by the CWG prior to being issued publicly. A representative sub-group of the CWG reviewed all proposals and selected a final set of consultants among those who responded to the Request for Proposals. The sub-group interviewed the finalists and selected a consultant to conduct the work described in the SOW. DRCOG issued and managed the contract. A Project Steering Committee comprised of representatives of the CWG provided oversight of the work. The entire CWG was briefed periodically during the project and reviewed the draft study.

Gold Corridor Catalytic Project- Wheat Ridge-Ward Road Station/Ridge Road This project identified potential ways to improve the Wheat Ridge-Ward Road Station area and Ridge Road between the City of Arvada and the City of Wheat Ridge. Both cities have identified the need for housing and jobs within one half mile of the station areas with a mixed-use development pattern along Ridge Road. Additionally, Ridge Road provides an opportunity for multi-modal connectivity between the two stations. This project addressed the existing conditions of roadways, bicycle and pedestrian facilities, geotechnical issues and community services along Ridge Road. It also examined accessibility to Page 9 the Wheat Ridge-Ward Road station with emphasis on obstacles and opportunities associated with Ward Road.

Key Outcomes: • Ridge Road has great potential as a key access for the Ward Station and a connector between the Ward and Arvada Ridge Stations. Improvements have been identified that would provide a complete street in the short-term, with on street bike lanes, continuous sidewalks on the north side of the street and some of the ultimately desirable turn lanes for approximately $4-million with only very limited additional right-of-way needed. • Several additional improvements have been identified that Wheat Ridge and Arvada plan to pursue to enhance multi-modal access to the two transit stations and to help spur transit-oriented development, including: o Bike accommodations along Ridge Road, Tabor Street, 52 "d Avenue, the North 1-70 Frontage Road o Improved sidewalks on Ward Road, Lee Street (connecting to Red Rocks Community College), and the streets listed above o A traffic signal at Ward Road/50th Avenue o A traffic signal on Kipling Street north of the Gold Line underpass o Coordination with RTD on bus route modifications coinciding with the Gold Line opening • It was important to include a multi-modal transportation planning view of a larger study area to understand the context of the Gold Line station areas before focusing specifically on the Ridge Road study corridor (from Tabor Street to Miller Street). • The planning effort considered how to build a transportation project in the neighborhood that fits within the overall transportation network, for any day-of the week and for the entire season .

Technical Assistance In addition to the Catalytic Project, the CWG received funds to conduct a study of a corridor-wide need, opportunity, challenge, or development strategy. This study could incorporate several topics including housing opportunity, economic development and resilience, public health and active living, and transit accessibility. The selection and contract management processes for a consultant to conduct work related to the identified technical assistance topic was identical to that described above for the Catalytic Project.

Gold Corridor Technical Assistance- Market Readiness Study This project included an economic analysis of businesses, housing and community services along the Gold Line from Union Station to Wheat Ridge-Ward Road Station. The project identified the strengths and market potentials along the corridor. This work was conducted in an effort to meet the vision of the CWG to create and preserve a range of quality housing choices thought the corridor; provide an economic base of jobs; leverage transit to attract private development; and attract and enhance access to amenities, services and community facilities. A key component of this study addressed grocery and food supply and demand analysis, addressing the need for services from traditional grocery stores, local Page 10 food producers, community gardens and agriculture or food share programs. The study also identified community service needs including child care, senior services and recreation facilities as well as unmet demand. An economic development strategy was developed for the corridor that identified a business attraction and retention strategy, and catalytic infrastructure investment opportunities for real estate development, employment and access to community services.

Key Outcomes: • There is existing demand for transit-oriented housing. Multifamily housing projects have already been developed along the corridor in some stations areas. • There are existing available land and development opportunities along the Gold Corridor. Many station areas have vacant property or redevelopment opportunity sites. • Parallel to the 1-70 Corridor, the Gold Corridor is attractive to construction, trades, professional/technical services, building services, distribution, and manufacturing businesses. 1-70, 1- 76, and 1-25 provide directional automobile and trucking access enabling businesses to easily access customers and suppliers anywhere in Metro Denver. • The existing land use pattern for much of the corridor is predominately industrial with larger building footprints and sites, uses that are not compatible with TOO. • Key opportunity sites are generally outside the Y2 mile radius of the station areas and require multi­ modal connectivity improvements at the Corridor level and at each station to facilitate access. Additional infrastructure improvements (including sidewalk, drainage, etc.) also are needed. • Essential services will not likely be provided at all station areas (within Y2 mile radius of the station) beca'use of existing land uses, availability/cost of land, state of infrastructure, timing considerations (including market conditions), etc. • Improved education/communication approaches may be needed to help developers think at a corridor-scale. • TOO in the corridor and at station areas may not occur in the short-term due to several existing issues including low density, demographics, market conditions/demand, level oftransit ridership, availability of workforce housing, opportunities on other corridors, etc. • There are key opportunities for substantive partnerships for maximizing development in the corridor including those with education, health and other institutions. • There is a need for greater coordination among jurisdictions on corridor-wide issues such as food availability and bicycle infrastructure. • The situation in the corridor is changing quickly requiring assessment and rapid action. Cost of land is increasing while supply is decreasing, leading to an increase in housing costs for families throughout the corridor. Policies will need to be enacted to make sure that those who rely the most on transit access can afford to live near current and future transportation investments. There also is a need to better understand what other changes the opening of the rail line may bring to communities in the corridor. • Developing a plan for next steps during the report development process would help identify staff level expectations. This includes thinking strategically about DRCOG's role.

Page 11 Gold Corridor Technical Assistance- Affordable Housing Creation & Preservation Study

The Gold Corridor Affordable Housing Strategy was a multifaceted effort to address affordable housing and accessibility along the Gold Line. Six primary goals were established for this project.

1. Document affordable housing conditions and needs in the future Gold Corridor; 2. Analyze housing need in the short-term and mid-range (i.e., 15 years); 3. Identify potential development sites for affordable housing; 4. Document the current planning and regulatory mechanisms that may enable or impede the preservation and development of affordable housing; 5. Develop specific strategies from regional, state, and national models that will promote affordable housing in specific areas within the corridor; and 6. Develop an evaluation strategy to track the progress of affordable housing preservation and development.

Key Outcomes: • The market for multi-family housing is already active in the area, but it is entirely market-rate, including 738 recently constructed units and another potential 2500 units in the early pipeline. • This is out of alignment with the need for affordable housing: 1 in 3 households in the corridor are spending more than 35% of their income on housing; and half of the projected 7000 new households are likely to need affordable housing. • Except for the Denver 41 51 and Fox street station, the existing TOO plans in the corridor do not specifically support or specify affordable housing as part of the desired development. • The Cities and Counties also issue Section 8 Housing Choice Vouchers, and in the past many households have been able to use vouchers to locate in the area . But with the tightening housing market, it has become increasingly difficult for voucher recipients to use their vouchers in the corridor. In Fall 2014, 70 households with vouchers from Jefferson County were unable to use them, and others who had lived in the area could not renew their leases. In a strong housing market, landlords are less willing to accept vouchers when other tenants will pay above market rents. • Three mobile home parks within a half mile of the Federal station provide affordable housing without subsidy to more than 440 households. These properties may be at risk given development pressures near transit and the lack of protections for mobile home owners. • By 2030, the age profile in the region will shift from the 20-30 year olds as the largest group, to three new dominant groups : teenagers, early middle age (40-55 y.o.), and early seniors (60-65 y.o.). This will influence the demand for housing, work and services in the corridor. Teenagers will need transportation alternatives to the auto in order to access school, jobs, extracurricular activities, etc. Transit options and safe pedestrian and bicycle ways could greatly increase their mobility. Seniors will need a variety of housing options, likely smaller units that are accessible to services such as medical care, pharmacies and small grocers. For seniors to move from their detached homes, these other options will need to be available. This will also allow for the filtering process- 20-30 year olds

Page 12 ~ .., set DRG•e; ft. ~ -- - l l I /I II• I "" ' ' . ,,,,,,I ,,,, ' ' living in the corridor today can move into that housing with their children. Seniors on the upper end of the age cohort, over 85 years old, may be a large share given longer life expectancies and the current senior population in their 60s; this group will require transportation options other than the auto. • The Arvada Campus of Red Rocks Community College could be an amenity for area young adults, adults seeking a career change, and seniors and families using the college's future health clinic. However, there is a need for bus, bike, and pedestrian access to the campus and housing affordable to the students. • Most residents leave the corridor for work, and thus, most workers in the corridor are imported. Work in the corridor pays slightly higher wages than the work that corridor residents find elsewhere. • Alternative modes of transportation, such as bus public transit, walking, and biking, in the corridor are limited. There is a lack of bike and pedestrian infrastructure throughout the corridor. Bus service is limited, in terms of night and weekend service; frequency of most buses ranges from 30 minutes to 1 hour, and there are several areas without service. Destinations are not designed to be accessed by modes other than the autos; most services and amenities in the corridor are located and designed to be reached by auto. • Large sites for affordable housing exist, but affordable housing developers acting alone (without the support of government, public/private partnerships and grants) will struggle to cover the costs of the high land values and infrastructure requirements. • Jurisdictions and counties will need more tools, regulations, and financing sources to support the current aQd future demand for affordable housing that needs to be met .through both preservation and new development.

The full reports from the Catalytic Project and Technical Assistance can be found in the appendix to this document.

Page 13 , I " SC1 DRG-G

0 ~- _ :E?--- /!, 111,/, /;t, /' l't ' Gold Corridor Stakeholder Profile

Stakeholder engagement is a critical component of the SCI and corridor planning process . Overarching stakeholder engagement goals include:

• Engage all of the relevant constituencies - people who have a stake in the process and who may be impacted by the outcome • Equip all of these constituencies with the tools and knowledge they need to effectively participate in the planning process • Integrate stakeholder engagement with all of the proposed planning and implementation activities, to ensure that stakeholders have meaningful opportunities to influence the outcomes of these activities • Create long-term capacity for continued engagement at the regional, corridor and catalytic project-level scales • Effectively and meaningfully engage communities typically underrepresented in planning processes, including low-income individuals and families, people with limited English proficiency, and communities of color

Stakeholder Engagement Team A multi-disciplinary stakeholder engagement team was utilized to support DRCOG staff in achieving the goals for the corridor planning process. These organ izations have significant experience in leadership development, capacity building, outreach to traditionally underrepresented communities, working with advocacy organizations, and meeting facilitation (including the effective use of innovative tools and technologies), and were indispensable to the process. Team participants included the following organizations.

FRESC: Good Jobs Strong Communities FRESC is a nonprofit organization with expertise in grassroots community organizing. FRESC community organizers played a pivotal role in recruiting, building capacity, and effectively and meaningfully engaging traditionally underrepresented populations. Staff organizers continually communicated with and fostered relationships with newly developed community organizers and leaders throughout the three-year process. They also assisted with the following tasks :

• Providing food, childcare, translated materials and interpretation services at stakeholder meetings and other engagement events • Conducting door-knocking in station areas along the corridor • Recruiting and mobilized diverse constituents to actively participate in planning and decision­ making process

Page 14 , I ~ ·4 set DRG41JCi 0 ~- - ' . ! t,, .. ,,,,,,,,/,.r;,, ' • Training grassroots leaders to advocate in advisory community meetings for relevant community and regional outcomes such as affordable housing, job standards, healthy living, and access to transit • Conducting one-on-one education and quarterly training to help people understand the links between local and regional issues impacting these populations, including housing, public health, transit, jobs, training and economic development.

The Denver Foundation Colorado's oldest and largest community foundation, the Denver Foundation inspires people and mobilizes resources to strengthen the community. Complementing the efforts of FRESC, the Denver Foundation committed funding for small grants to emerging resident leaders and technical assistance to resident leaders in low-income areas involved in station-area or corridor-level decision-making. This funding supported the provision of food, childcare, translated materials and interpretation services at stakeholder meetings and other engagement events.

Transit Alliance Transit Alliance is a public-advocacy organization that works to enhance communities and people's lives by supporting transit, active transportation and increased mobility to cultivate a healthy, resilient and more sustainable lifestyle. Transit Alliance modified and conducted its successful regional Citizens' Academy for each of the corridors. The Corridor Academy provided community leaders with a fundamental working knowledge of how to engage in the process of regional transit and better communicate its benefits. The academy also sought to ignite a passion for public transit, community building around transit and fuel community interest in the overall benefits. Academy participants were encouraged to take their new knowledge and put it in action by designing a personal action plan to implement upon completing the Academy.

PlaceMatters PlaceMatters is a Denver-based non-profit think tank for civic engagement and process in planning whose work creates opportunities for informed, inclusive decision making in the planning of vibrant cities and communities. PlaceMatters conducted stakeholder interviews with municipal staff and community leaders who had been involved in previous planning efforts in the corridor like station area planning. They provided recommendations which were instrumental in designing the process, activities and tools for the stakeholder committees. PlaceMatters also helped design a large-scale interactive public forum for each corridor and synthesized feedback received. Further, they provided training to stakeholders on engagement tools like WALKscope and the Denver Regional Equity Atlas, building long­ term capacity among community leaders in the corridor.

Stakeholder Feedback While stakeholder engagement in each SCI corridor (East, Gold and Northwest) provided unique input to the planning process, some concerns were universal. First- and final-mile connectivity, in particular bicycle, pedestrian and bus modes and access to opportunities like transit, employment and housing rose as top challenges throughout the region. Page 15 , I .. set DRG-G 0 ~l. =-- . !l.,,,t,J,•,,,,., In the Gold Corridor, the most frequently identified themes and opportunities included:

• First- and final-mile challenges/connectivity • Public education o Wayfinding • Safety • Access to opportunity • Preservation and enhancement of existing o Transit neighborhoods o Employment • TOO/economic opportunity o Housing (displacement, affordable, senior) • Multimodal transportation o Older adults, person(s) with a disability o Bicycle, pedestrian o Bus access

Issues, needs and topics raised in specific stakeholder engagement contexts in the corridor include the following:

Gold Corridor Stakeholder Committee (CSC) The Gold CSC met eight times between June 2013 and October 2014 at the Wheat Ridge Recreation Center. Gold CSC members identified the following issues for why they were interested in participating in the planning process.

• Connectivity to station areas • Importance of public education on transit • Preservation of home-ownership for the future generation • · Small -business opportunities • Promotion of carless lifestyle • Transit-oriented development (TOD) • Access to opportunity o Preservation and/or new affordable housing options- Low-income senior housing; upgrading housing (Giobeville) o Advocacy for residents and neighborhoods o Consideration of transit-dependent riders (large concentration of low-income individuals and families that do not own a vehicle in the corridor) o Even distribution of benefits and impacts o Access to education and employment o Consideration of older adults and those with disabilities

FRESC Outreach FRESC staff conducted outreach from spring 2012 through spring 2015 primarily in the Sunnyside neighborhood and southwest Adams County. The community members were predominantly Hispanic and one-fourth were monolingual Spanish speakers. Most community members FRESC worked with were renters or owners of mobile homes, women and/or working parents with children.

Page 16 , I ~ i sc·t DRG-c; 0 ~L ~ · lf,,,,,J,f,,,;,,,.,,· Access to jobs and affordable transit fares were echoed throughout each of the corridors. FRESC also heard these common issues in the Gold Corridor.

• Displacement {Federal station area, mobile home parks) • Safety issues (Federal station area and Federal Boulevard) • Lack of recreation facilities and parks • Housing costs (Federal station area) • Station area access {41st & Fox station area, Federal Boulevard)

Active organizations in the Gold Corridor Tri-County Health Department Shrine of Saint Anne Arvada Community Food Bank Inter-Church Arms STRIDE Agape Life Church Hope House of Colorado United Communities of Adams County Ralston House Perl Mack Homeowners' Association Growing Home Jefferson County Public Health

Transit Alliance Gold Corridor Academy Fourteen participants completed the Gold Corridor Academy on four consecutive Thursdays, Oct. 3-24, 2013. Attendees expressed interest in multimodal connectivity to diverse populations, ease of use to transition from car to public transportation, making sure everyone benefits from the system, creating quality transit-oriented development, communicating effectively throughout diverse communities, being able to best represent the benefits of the investment, resident displacement and ease ·of access and solving for the last mile and providing true alternatives to driving.

The following is a brief description of the participants' Individual Action Plans:

• Creating and installing wayfinding signs at stations to show alternative mode routes, and to introduce people to the surrounding neighborhoods for the purpose of promoting economic development • Help inform aging neighbors as to benefits of the system. Help them reduce car usage • Economic feasibility study of connectivity and community • Preservation issues at 60th and Federal Station. • Educate decision makers along Gold Line corridor • Help create last mile circulators to bridge gaps between destinations and regional transit system. • Develop a concept for using the Sheridan Station as an anchor for a regional sports center • Help plan pedestrian access to the Arvada Ridge Station • Get involved in local Olde Town Arvada Station exploring accessibility and first- and final-mile solutions • Develop concept to encourage the use of small grocery carts to promote walking and supporting local merchants

Page 17 • Developing proposal to Mile High Connects for a grant to bu ild coalitions and develop neighborhood champions to advocate for urban land uses and more innovative transportation policies to increase ridership of older adults, disabled and low income • Develop concept for free "Last Mile" connector shuttle from Olde Town Station to the Arvada Center • Become a strong voice in advocating density along main corridor serving the Olde Town TOO area, including walkable sidewalks and wayfinding • Find a way or method to actively engage and spark passion with Globeville-Eiyria-Swansea residents in regards to transportation

Gold Corridor Public Forum The Gold Corridor Public Forum was held Oct. 30, 2013 at the Wheat Ridge Recreation Center and attracted 80 participants. The forum provided a mix of high- and low-tech activities encouraging both education and engagement. The forum offered a chance for residents to learn about the Gold Corridor and other planning and transportation projects in the region, talk with staff from the jurisdictions along the corridor and RTD and provide input on Gold Corridor vision, assets and challenges, and preferred amenities and services. Common themes among feedback received included:

• Need for multimodal connectivity, first- and last-mile connections, shuttles • Safety at station areas, primarily related to pedestrians • Housing affordability, income diversity and higher density residential development • Preserving existing communit ies, values and architecture • Expansion of higher education and job training opportunities (Arvada Ridge) • New employment opportunities, mix of employment types from service to manufacturing

In summary, these participants painted a picture of a Gold Corridor community that is moving toward a future that preserves existing values, adds new opportunities, supports an active lifestyle, provides a variety of housing types and a diverse population - a community that is vibrant, clean, safe, affordable, and connected to the entire metropolitan region.

OUR Shared Vision DRCOG launched a civic engagement website to garner additional feedback from the community using the MindMixer platform. The site encourages idea generation and social interaction among participants. OUR Shared Vision published three topics related to the Gold Corridor covering corridor vision, goals and amenities. Common themes in feedback included promoting destinations in the Gold Corridor, strengthening communities and providing access to students.

Page 18 Gold Corridor Recommendations

The Gold Corridor Recommendations reflect the suggested priorities of the CWG based on the outcome of all activities undertaken as part of the corridor planning process including the Corridor Profile, stakeholder engagement efforts, and the outcomes of the Catalytic Project and technical assistance studies, as well as the expertise and experience of all the CWG members. The recommendations propose next steps for collaboration by the jurisdictions and other key partners in the corridor to continue work begun under the SCI grant and achieve the opportunities opened up by the build-out of the transit system.

Station-Specific Recommendations 1. Individual jurisdictions should identify the need, prioritization and funding for the recommended improvements for each station area, as described in the Gold Corridor Economic Development and Community Services Strategy. These may include recommendations for: A. Station area improvements, development and land use B. Food access C. Community services 2. Create/update TOD plans to include consideration for identifying affordable housing as a desired use and recommending supportive zoning and development guidelines. 3. For Ward Station/Ridge Road Station, identify funding for final design and construction of infrastructure and multi-modal improvements discussed in the Catalytic Project Final Report. (Note: this would be a collaborative effort between Wheat Ridge and Arvada and a potential funding mechanism could be explored as part of a corridor-wide entity.)

Gold Corridor Recommendations All jurisdictions within the Gold Corridor agree continued communication and coordination is integral to the success of the corridor as a whole. Using the Gold CWG as an initial framework, an inter­ jurisdictional working group should be formed and work toward the best means by which to ach ieve shared goals including informal partnership, 501(c)(3), etc. This newly-formed entity should consider the following next steps to achieve its goals. Work could include priorit ization based on type of group formed, goals, funding and timing.

Collaborate on strategies to create and expand primary jobs along the Gold Line corridor 1. Identify priority development sites 2. Develop coordinated economic development marketing materials 3. Conduct targeted broker site tours 4. Cons ider developing financial assistance mechanisms

Page 19 Implement the Affordable Housing Creation and Preservation Strategy focused on creating and preserving affordable housing and promoting diverse, mixed-i ncome housing options at each station along the Gold Line Corridor Components could include: 1. Adopt policy statements to preserve existing affordable housing and construct new affordable housing where possible. 2. Using the Affordable Housing Creation and Preservation Strategy as a basis, identify sites that have potential to be developed for affordable housing. Work with appropriate housing authorities and non-profits such as Urban Land Conservancy. 3. Develop detailed strategies for preserving affordable housing and constructing affordable housing on identified sites. 4. Implement detailed strategies for preservation and construction of affordable housing. 5. Identify tools each city or county could adopt to support affordable housing development, e.g. density bonuses, permit and fee waivers, low cost land, inclusionary housing ordinance, revised ADU guidelines, new zoning categories, e.g. changes to lot size, density, etc. 6. As a corridor, identify sites, prioritize sites for the yearly 9% Low Income Housing Tax Credit round and work together on the applications.

Collaborate on strategies to address first and final mile connections Prepare a First and Final Mile Connections Strategy that focuses on the potential for multimodal infrastructure improvements that better connect neighborhoods to transit stations. This study could also expand to e-xamine existing transportation options, housing choices, job access, and community amenities to identify gaps and opportunities to best connect residents to origins and destinations within a 20-minute walking commute. 1. Inventory infrastructure and amenity needs for both bus and rail stations to identify connectivity and access needs. Elements inventoried will include stop amenities (i .e. benches, trash cans, shelters, etc.) as well as infrastructure elements such as sidewalk conditions, concrete pads, access walks, and proximity to safe crossing locations. Results from the inventory will be integrated into a dynamic database to help prioritize investment and implementation to the highest need areas as funding is available. 2. Study needed infrastructure to connect key opportunity sites outside of the Y2 mile radii of station areas. 3. Analyze bicycle and pedestrian networks and needed infrastructure 4. Evaluate strategies for implementing private and corporate sponsored connectors including business/corporate circulators and shuttles, car-share programs, etc. 5. Create an accessibility strategy to identify potential funding sources, areas of priority, and partners. Areas of possible focus include: public school transport (Mile High Connects, RTD, MATES), circulators, bicycle connectivity and services around the Federal Station (Regis, Denver B-Cycle, Aria)

Page 20 Convene a Gold Corridor Healthy Living Coalition to address healthy food and health care access. With so many cities and counties along the Gold Line, a health coalition can help maximize scarce resources and promote cooperation on healthy community design across jurisdictions in a politically neutral setting 1. Regularly convene stakeholders, including city staff, elected officials, representatives of local businesses and organizations, and community members. 2. Address policies, systems and environments to support healthy eating, active living, and health equity. 3. Seek funding to support a long-term coalition. 4. Potential activities include: develop action plan, advocate for policy change, and promote education on healthy community design.

Collaborate on locating needed community services at or near station areas These services may include: 1. Child care 2. Social services and assistance 3. Medical and health services 4. Retail and personal services benefiting both daytime workers and corridor residents 5. Job training

Develop and implement a Gold Corridor Marketing Strategy based on the Gold Corridor Market Readiness Study to enhance visibility and attractiveness of the Gold Corridor to visitors, residents, business owners and developers Th is strategy could include: 1. Create educational materials and a communication plan targeted to interested developers to guide them in opportunities at a corridor-scale as well as individual stations. 2. Create materials for interested homeowners and businesses, as well as an economic development marketing and awareness campaign. 3. Host a cross-jurisdictional broker crawl to highlight available development opportunities at each station area.

Page 21 .... ~. ~ """ ., City of ~~ WheatRi_dge ~UBLIC WORKS Memorandum TO: Patrick Goff, City Manage~ ili

FROM: Scott Brink, Director of Public Works

DATE: April 29, 2015 (for May 4th Study Session)

SUBJECT: ADA Transition Plan: Program Status/Update

As part of the 2015 budget approval process, the City Council authorized $50,000 toward the development and eventual implementation of an ADA Transition Plan. The plan is being developed in order for the City to adhere to federal and state compliance requirements of the Americans with Disabilities Act (ADA).

Staff initiated work on the plan earlier this year, beginning with an investigation of specific plan requirements, and researching plans and compliance efforts of other cities in Colorado and nationwide. Plans vary considerably from city to city depending on many factors, such as size of the community and number of facilities, existing needs and resources, priorities, and overall desired scope of the plan. Generally, most plans focus on existing City-owned facilities within the public right-of-way (streets, sid~walks , trails, etc.). Regardless of the size or scope ofth_e plan, the following elements must be included:

• A self-evaluation that reviews and identifies all City-owned and maintained infrastructure in the public right-of-way that may limit or exclude access and use by people with disabilities. • A public notification and information system that is accessible to the public, including people who have disabilities. • The identification of an ADA Compliance coordinator or designated contact to serve as the person responsible for implementing the Transition Plan and serving as a public point of contact. • A fonnal grievance procedure be provided for filing complaints.

The plan discussed herein is intended to address ADA related needs and requirements within the public right-of-way. The City has already engaged in the process of meeting ADA requirements for existing City-owned buildings and public facilities such as City Hall, the Recreation Center, and others through the Building Code, audits, and other applicable and available means. The Parks and Recreation Department has completed an audit on facilities open to the public as well as parks and is working on implementation recommendations from the audit as funding allows. This Transition Plan will also work to address any overlaps or duplication between the two plans for City facilities and the public right-of-way, such as parks, trails, and other properties.

A significant portion and effort of the ADA Transition Plan is the conducting of an inventory of existing facilities and determining critical needs and priorities, such as sidewalks, trails, transit access, and other facilities where accessibility may be an issue. As a result, staff is in the process ADA Transition Plan Update May 4, 2015 Page 2 of retaining temporary help to utilize over the next several months to conduct field surveys and complete a City-wide inventory.

From this information, staff will be better able to assess critical needs, establish priorities, and prepare cost estimates for consideration in a longer-tenn Capital Investment Program (CIP) over a multi-year period. To date, ADA related improvements such as sidewalk curb ramps have been performed solely when opportunities and resources present themselves primarily in conjunction with other capital projects such as the annual overlay projects and major roadway improvements such as 32 11dN oungfield.

Staff expects to have the inventory completed late this summer or fall and will present a second update to Council at that time, including a draft plan document. We expect the majority of the allocated 2015 budget to be utilized for outside labor and assistance for conducting the inventory which involves extensive field work and data collection. Any remaining funds will likely be allocated towards specific public information and public process initiatives accordingly. ~~A~ .... r- City of ~Wheat;&_dge ~OllCE DEPARTMENT

Memorandum

TO: Mayor Jay and City Council ~

THROUGH: Patrick Goff, City Manager ~ Daniel Brennan, Chief of Police

FROM: Jim Lorentz, Division Chief

DATE: April 29, 2015

SUBJECT: Staff Report: Wheat Ridge Traffic Safety Life Quality and Crime Reduction (TLC) Neighborhoods Update

The purpose of this staff report is to update City Council on staffs efforts to initiate specific code enforcement strategies in two residential neighborhoods and in one commercial corridor. The program has been named Wheat Ridge Traffic Safety, Life Quality, and Crime Reduction (TLC) Neighborhoods.

NEIGHBORHOODS Staff presented information to City Council on April 6, 2015 which identified two residential neighborhoods in Council Districts II and IV which staff recommended to be the emphasis ofthis project. After reviewing qualitative and quantitative nuisance code data in these areas, it is believed that focused efforts in these two areas can result in measureable improvements to the neighborhoods, including reductions in nuisance code complaint and crime and traffic issues. Similar to the East Wheat Ridge Project, staff recommends that we have a branding name for each area that gives the neighborhoods a sense of identity and belonging.

The District II project is a residential neighborhood with boundaries of Harlan Street west to Pierce Street, and West 441h Avenue north to West 48th Avenue. This area would be called the Clear Creek Station Neighborhood, in recognition of a historical street car transfer house that was formerly located in the area.

The District IV project is a residential neighborhood with boundaries of Brentwood Street west to Garrison Street, and West 44th A venue north to 1-70 Frontage Road South. This area would be called the Clearvale Neighborhood, which is one of the largest subdivisions in the area, dating back to 1955.

COMMERCIAL PROJECT The commercial corridor chosen was West 44th Avenue from Harlan Street to Wadsworth Boulevard, for the following reasons: Staff Report: TLC Neighborhoods Update April 29, 2015 Page2

• Significant attention has been, and is currently, focused along West 38th Avenue, as well as the Wadsworth and Kipling corridors. • The West 44th Avenue corridor serves as the southernmost boundary for the Clear Creek Station and Clearvale projects, so including this commercial corridor makes sense from a problem-solving and resource approach. Staff is recommending that this project be branded as the East 44th A venue Corridor Project.

PUBLIC OUTREACH AND EDUCATION Staff recognizes the importance of educating the public, including residents, property, and business owners. Staff is recommending that City Council and/or the Mayor serve as spokespersons for this project. This is important to the outreach efforts in the neighborhoods and critical in the outreach to business owners.

Staff Teams have been organized and have already been assessing parcels within the designated areas. StaffTeams, in partnership with Wheat Ridge 2020, will be walking through the designated neighborhoods to pass out informational flyers concerning neighborhood meetings, dumpster dates, and other brochures. This community outreach is called Knock and Talk.

The Clearvale Neighborhood Knock and Talk will be the week ofMay4, 2015. The Neighborhood Meeting is scheduled for May 13 , 2015, at 7:00p.m., at Pietra's Pizzeria & Italian Restaurant, 9045 W. 44th A venue, Wheat Ridge. Anyone wishing to assist and participate should contact Community Service Officer (CSO) Phil Schroeder at [email protected].

The Clear Creek Station Neighborhood Knock and Talk will be the week of May 11 , 2015. The Neighborhood Meeting is scheduled for May 20, 2015, at 7:00p.m., at Trinity Baptist Church, 4490 Newland Street, Wheat Ridge. Anyone wishing to assist and participate should contact CSO Marie Trujillo at [email protected].

The Knock and Talk and Neighborhood Meeting for the East end of the 44th Avenue Corridor will be scheduled in the near future. Identifying interested elected officials is a critical component, and having those individuals participating in meetings and outreach would be helpful.

Attachments 1. Clearvale Neighborhood Flyer 2. Clear Creek Station Neighborhood Flyer City of Wheat Ridge Municipal Building 7500 W. 29'h Ave. Wheat Ridge, CO 80033-8001 Non-emergency: 303.237.2220 Direct: 303.235.2926 TLC Neighborhoods

Traffic safety, Life quality, and Crime reduction Clearvale Neighborhood Meeting Your Community Meeting: Date: May 13, 2015 Time: 7:00p.m. 1 Location: Pietra's Pizzeria & Italian Restaurant, 9045 W. 44 h Ave. Neighborhood Cleanup/ Dumpsters Provided: (TBA)

The Wheat Ridge City Council has emphasized the important role that proactive code enforcement plays in achieving the goals of the City. Council has asked that the City's code enforcement strategies should be strengthened and applied equally throughout the City. Two neighborhoods and one commercial corridor have been chosen to participate in a new project identified as Wheat Ridge TLC Neighborhoods. "TLC" stands for Traffic safety, Life quality, and Crime reduction.

Studies have shown neighborhoods that engage in proactive code enforcement strategies can help: • eliminate nuisances, • increase property values, and • develop a greater sense of community and pride.

The areas identified for this new project are:

Clear Creek Station Neighborhood - named in recognition of a historical street car transfer house from 1900's that was located in the area; includes Harlan Street west to Pierce Street, and West 44th Avenue north to West 48th Avenue.

C/earvale Neighborhood - named for one of the largest subdivisions in the area dating back to 1955; includes Brentwood Street west to Garrison Street and West 44th Avenue north to 1-70 Frontage Road South.

The City of Wheat Ridge, in partnership with Wheat Ridge 2020, invites residents and property owners to get involved in the beautification and maintenance of their properties and neighborhoods.

You are invited to attend the Clearvale Community Meeting to collaborate on this new and exciting neighborhood project.

If you have questions regarding Code Enforcement Strategies, please contact the Community Services Team at (303) 235-2926, or email Cody the Code Ranger at [email protected].

Attachment 1 City of Wheat Ridge Municipal Building 7500 W. 29'h Ave. Wheat Ridge, CO 80033-8001 Non-emergency: 303.237.2220 Direct: 303 .235.2926 TLC Neighborhoods

Traffic safety, Life quality, and Crime reduction Clear Creek Station Neighborhood Meeting Your Community Meeting: Date: May 20, 2015 Time: 7:00p.m., doors open at 6:30p.m. Location: Trinity Baptist Church, 4490 Newland Street, Wheat Ridge Neighborhood Cleanup I Dumpsters Provided: (TBA)

The Wheat Ridge City Council has emphasized the important role that proactive code enforcement plays in achieving the goals of the City. Council has asked that the City's code enforcement strategies should be strengthened and applied equally throughout the City. Two neighborhoods and one commercial corridor have been chosen to participate in a new project identified as Wheat Ridge TLC Neighborhoods. "TLC" stands for Traffic safety, Life quality, and Crime reduction.

Studies have shown neighborhoods that engage in proactive code enforcement strategies can help:

• eliminate nuisances, • increase property values, and • develop a greater sense of community and pride.

The areas identified for this new project are: Clear Creek Station Neighborhood - named in recognition of a historical street car transfer house from the 1900's that was located in the area; includes Harlan Street west to Pierce Street, and West 44th Avenue north to West 48th Avenue.

Clearvale Neighborhood- named for one of the largest subdivisions in the area dating back to 1955; includes Brentwood Street west to Garrison Street and West 44th Avenue north to 1-70 Frontage Road South. The City of Wheat Ridge, in partnership with Wheat Ridge 2020, invites residents and property owners to get involved in the beautification and maintenance of their properties and neighborhoods.

You are invited to attend the Clear Creek Station Community Meeting to collaborate on this new and exciting neighborhood project.

If you have questions regarding Code Enforcement Strategies, please contact the Community Services Team at (303) 235-2926, or email Cody the Code Ranger at [email protected].

ATTACHMENT 2 ~"·~ .... ~ r . City of ..~ WheatRL_,dge ~OLICE DEPARTMENT Memorandum

TO: Mayor Jay and City Council THROUGH: Patrick Goff, City Manager~ Daniel Brennan, Chief of Police

FROM: Jim Lorentz, Division Chief Patrol Operations Division

DATE: May 4, 2015

SUBJECT: Staff Report: Data-Driven Approaches to Crime and Traffic Safety (DDACTS)

ISSUE Data-Driven Approaches to Crime and Traffic Safety (DDACTS) is a law enforcement operational model supported by the National Highway Traffic Safety Administration and the Department of Justice. DDACTS integrates location-based crime and traffic data to establish effective and efficient methods for deploying law enforcement and o·ther resources. Using gee­ mapping to identify areas that have high incidences of crime and crashes, DDACTS uses traffic enforcement strategies that play a dual role in fighting crime and reducing crashes and traffic violations. Drawing on the deterrent of highly visible traffic enforcement and the knowledge that crime often involves the use of motor vehicles, the goal of DDACTS is to reduce the incidence of crime, crashes, and traffic violations across the country.

Based on the analysis of crime and traffic data in our community, the Wheat Ridge Police Department has identified the 170 and Kipling Corridor, consisting of Miller Street east to Independence Street and West 47th Avenue north to West 50th Avenue, as a location to implement this approach. This area has consistently had the highest concentrations of crime and traffic issues over the past few years. Our approach will involve highly visible traffic enforcement during time of the day when crime and traffic problems are typically very high.

BACKGROUND To state very simply, criminals generally don't live, drive through, and commit crimes in an area heavily patrolled by a proactive police department. The concept of DDACTS is based on the operational model of providing highly visible traffic enforcement to reduce traffic accidents, crime, and overall social harm.

Concentration of crime and traffic crashes can be shown on the below maps. The color changes from blue to yellow to red to indicate higher concentrations of activities. As demonstrated here, traffic and crime issues tend to occur in the same location. StaffReport- DDACTS May 4, 2015 Page 2

Accidents: March 2015

Crime: March 2015 (Burglary, Stolen Vehicles, Recovered Vehicles, Robbery, Vehicle Trespass

The crimes that we hope to impact in this area include vehicle thefts, vehicle break-ins, burglaries and other issues that affect the quality of life in the area. Many of the crimes are directly impacted by the number of hotels and transient population in the area. Businesses have complained about people congregating in the area and causing issues that detract from their business. The traffic collisions are typically caused by driver's lack of attentiveness to other vehicles and traffic conditions. DDACTS is a strategy that has been employed in other areas and has successfully impacted these types of issues. StaffReport- DDACTS May 4, 2015 Page 3

Our operational plan includes use of directed patrol assignments, CAT Team selected enforcement efforts, and overtime money available through our JAG grant designated for this area for officers to conduct high visibility enforcement in two to three hour blocks once per week. We plan to include the Arvada Police Department and the Colorado State Patrol to assist with deployment efforts. We hope to decrease crime and accidents in the area as citizens recognize the increased enforcement efforts.

The plan calls for stakeholder involvement and public attention. An informational flyer has been designed to distribute to businesses and residents of the area by a police officer who can also answer any questions. It is important to have community support and for persons in the area to understand the goal of the strategy.

FINANCIAL IMPACT No additional City funds are required for this project. We have a JAG Grant which will allow for approximately $8,000 in overtime money to be allocated. These funds will be spent by having officers sign up for three or four hour blocks approximately once per week from May until August. The CAT Team will be staffed again in May. They are committing one four hour block per week for three or four officers. We will have shift sergeants remind officers to spend uncommitted patrol time to directed enforcement in this area when possible. We will continue to conduct warrant sweeps, hotel inspections, utilization of license plate readers, and other efforts that have been effective in this area in the past.

ATTACHMENTS I. DDACTS Informational PowerPoint 2. DDACTS Informational Flyer Data-Driven Approaches to Crime4md TJ'allPt ..!~lf : DDACTS

DDACTS is an operational model that uses the integration of location-based crime and traffic data to establish effective and efficient methods for deploying law enforcement and other resources.

Attachment 1 1 DDACTS Goals

Reduce the incidence of

• crime and crashes in a specific area and reduce social harm.

What can DDACTS do for the Wheat Ridge Community

• Shows a clear relationship between crashes and crime • Renews an emphasis on traffic safety contacts, not tickets • Provides flexible deployment strategies • Addresses several CALEA® Accreditation standards • Builds stronger relationships with stakeholders and partners

2 Seven Guiding Principles to DDACTS Partner I Stakeholder Participation Data Collection Data Analysis Strategic Operations Information Sharing and Outreach Monitor, Evaluate, and Adjust Outcomes

Basic Theory of DDAC o Criminals generally don't live, drive through, and commit crimes in an area heavily patrolled by a proactive police department.

3 GOAL

o To provide highly visible traffic enforcement in an effort to reduce traffic accidents, crime, .- and overall social harm. :1 o Crimes such as disturbances, drugs, person's crimes, auto thefts, property crimes, accidents, DUis, HTO, etc. will be impacted by the DDACTS Model.

Wheat Ridge DDACTS Zone

Miller Street to Independence Street West 47th Ave. to West 50th Ave. (The 170 and Kipling Street Corridor)

This area has had the highest concentrations of crime and traffic issues over the years.

4 Wheat Ridge DDACTS Zone

Wheat Ridge 2014 Crime cti •ty Hotspots

5 Wheat Ridge 2014 Traffic Accident Hotspots

6 ~j~

.... J City of • ~Wheat~dge ~OLICE DEPARTMENT Highly visible traffic enforcement can reduce crime and traffic issues along the 1-70 and Kipling Street corridor! . -~ - ,.._ft.-. !;, ;- .. . .:_::!! --- -- In an effort to keep the community safe, reduce social harm, and decrease traffic accidents, the Wheat Ridge Police Department will be enacting a new policing model called Data Driven Approaches to Crime and Traffic Safety (DDACTS) for this area of the city for the summer months. As part of this model, uniformed patrol officers in marked patrol cars will provide highly visible traffic enforcement along the I-70 and Kipling Street corridor. The goal is to reduce crime, traffic accidents, and traffic violations. As·a business or resident in the area, you are a stakeholder in DDACTS!

As a partner, the Wheat Ridge Police Department asks you to: • Notify the police of any crimes or suspicious activity. • Report any traffic safety concerns. • Provide the police department with ideas, suggestions, and strategies for improvement. • Support the increase of police officers in the area. • Wheat Ridge Police Non-Emergency: (303) 237-2220 • Emergency: 911 Refer to the attached bulletin for specific details regarding DDACTS.

For specific questions please contact Sergeant Scott Bellomy at (303) 235-2956.

Wheat Ridge Police Department 7500 W. 29fh Avenue Wheat Ridge, CO 80033 (303) 237-2220

ATTACHMENT 2 r City of ~ Wheat&_dge ~OFFICE OF THE CI1Y MANAGER

Memorandum

TO: Mayor and City Council FROM: Patrick Goff, City Manager~ Gerald Dahl, City Attorney

DATE: April 29, 2015 (for May 4th Study Session)

SUBJECT: Construction Defects

For the past few years, the home building industry has raised concerns with current Colorado construction defect laws. Colorado's restrictive laws have greatly increased lawsuits and liability for developers. Last year, a coalition made up of the business community, CML, and affordable housing advocates attempted to move forward legislation to ease the liability born by developers. That legislation was unsuccessful in 2014, but the coalition introduced new legislation in 2015.

SB 15-1 77 focuses on the time before a construction defect case goes to court. It allows for arbitration or mediation even if it has been amended out of the governing documents of a common interest community, and sets guidelines for arbitration. It also requires notice to all unit owners of the construction defect claim as well as written consent of a majority of owners. Proponents believe these requirements will level the playing field for developers all the while protecting homeowners.

This is a huge issue for many municipalities. Providing quality and diverse housing options for our citizens is high priority, and CML believes positive change to Colorado's construction defect laws will facilitate the construction of owner occupied attached housing. SB 15-177 passed the Senate with bipartisan support on a vote of 24-11 . The bill was introduced in the House and assigned to State, Veterans, and Military Affairs where unfortunately it died.

Consensus was reached by City Council to direct the City Attorney to bring forward options for the Council to consider to address the issue of construction defects locally. Attached is the copy of the City of Lakewood ordinance addressing the issue in Lakewood. Mr. Dahl will be prepared to discuss in greater detail at the May 4th study session.

ATTACHMENTS: 1. Senate Bill 15-177 2. CML Fact Sheet - Affordable Housing 3. City of Lakewood ordinance First Regular Session Seventieth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS 0 . 15-0079. 02 Duane Gall x4335 SENATE BILL 15-177 SENATE SPONSORSHIP Scheffel and Ulibarri,

HOUSE SPONSORSHIP DelGrosso and Singer,

Senate Committees House Committees Business, Labor. & Technology

A BILL FOR AN ACT 101 CONCERNING PREREQUISITES TO THE AUTHORITY OF A UNIT OWNERS' 102 ASSOCIATION TO PURSUE RESOLUTION OF DISPUTES iNVOLVING 103 CONSTRUCTION DEFECTS.

Bill Summary

(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. Ifthis bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state. co. uslbillsummaries.)

The bill states that when the governing docwnents of a common interest community require mediation or arbitration of a construction defect claim and the requirement is later amended or removed, mediation or arbitration is still required for a construction defect claim. These provisions are in section 2 of the bill. Section 2 also specifies that the

hading denotes I lOUSE amendment. Double underlining denotes SENATE amendment. Capita/letters indicate new material to he added to existi11g statute. Dashes through the words i11dicate tle/etiollsfrom existing statute. Attachment 1 mediation or arbitration must take place in the judicial district in which the community is located and that the arbitrator must: ! Be a neutral third party; Make certain disclosures before being selected; and Be selected as specified in the common interest community's governing documents or, if not so specified, in accordance with the uniform arbitration act. Section 1 adds definitions of key terms. Section 3 requires that before a construction defect claim is filed on behalf of the association: ! The parties must submit the matter to mediation before a neutral third party; and The board must give advance notice to all unit owners, together with a disclosure of the projected costs, duration, and financial impact of the construction defect claim, and must obtain the written consent of the owners of units to which at least a majority of the votes in the association are allocated. Section 4 adds to the disclosures required prior to the purchase and sale of property in a common interest community a notice that the community's governing documents may require binding arbitration of certain disputes.

1 Be it enacted by the General Assembly ofthe State ofColorado: 2 SECTION 1. In Colorado Revised Statutes, 13-22-223, amend

3 (1.5) as follows:

4 13-22-223. Vacating award. (1.5) Notwithstanding the

5 provi~iom; of subsection (1) of this section, the fact that the relief was 6 such that it could not or would not be granted by a court of law or equity 7 is not grounds for vacating or refusing to confirm the award; EXCEPT

8 THAT, IN THE ARBITRATION OF AN ACTION AS DEFINED rN SECTION 9 13-20-802.5 (9.5), C.R.S., THE ARBITRATOR SHALL FOLLOW THE 10 SUBSTANTIVE LAW OF COLORADO WITH REGARD TO ANY REMEDY 11 GRANTED, AND IF THE REMEDY IS SUBSTANTIALLY AFFECTED BY THE 12 ARBITRATOR'S FAlLURE TO FOLLOW THE SUBSTANTIVE LAW OF COLORADO, 13 THE COURT MAY VACATE OR REFUSE TO CONFIRM THE AWARD ON THAT

-2- 177 1 BASIS. 2 SECTION 2. In Colorado Revised Statutes, 38-33.3-103, add 3 (9.5), (13.5), and (16.3) as follows: 4 38-33.3-103. Definitions. As used in the declaration and bylaws 5 of an association, unless specifically provided otherwise or unless the 6 context otherwise requires, and in this article:

7 (9.5) "CONSTRUCTION DEFECT CLAIM" MEANS A CIVIL ACTION OR

8 AN ARBITRATION PROCEEDING FOR DAMAGES, INDEMNITY, OR

9 CONTRIBUTION BROUGHT AGAINST A DEVELOPMENT PARTY TO ASSERT A

10 CLAIM, COUNTERCLAIM, CROSS-CLAIM, OR THIRD-PARTY CLAIM FOR

11 DAMAGES OR LOSS TO, OR THE LOSS OF USE OF, REAL OR PERSONAL

12 PROPERTY OR PERSONAL INJURY CAUSED BY A DEFECT IN THE DESIGN OR

13 CONSTRUCTION OF AN IMPROVEMENT TO REAL PROPERTY THAT IS PART OF

14 THE COMMON INTEREST COMMUNITY.

15 (13.5) "DEVELOPMENT PARTY" MEANS AN ARCHITECT,

16 CONTRACTOR, SUBCONTRACTOR, DEVELOPER, DECLARANT OR AFFILIATES

17 OF DECLARANT, BUlLDER, BUILDER VENDOR, ENGINEER, OR INSPECTOR

18 PERFORMING OR FURNISHING THE DESIGN, SUPERVISION, INSPECTION,

19 CONSTRUCTION, OR OBSERVATION OF THE CONSTRUCTION OF ANY

20 IMPROVEMENT TO REAL PROPERTY THAT IS PART OF THE COMMON

21 INTERESTCOMMUNITYORANYOTHERPARTYRESPONSlBLEFORANYPART

22 OF THE DESIGN OR CONSTRUCTION OF ANY PORTION OF THE COMMON

23 INTEREST COMMUNITY, OR ANY OF SUCH PARTIES' AFFILIATES, OR THE

24 OFFICERS, DLRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYERS

25 OR SERVANTS OF ANY OF THEM.

26 (16.3) "GOVERNING DOCUMENTS" MEANS THE DECLARATION,

27 ARTICLES OF INCORPORATION, BYLAWS, RULES, REGULATIONS, POLICIES,

-3- 177 1 AND PROCEDURES OF A COMMON INTEREST COMMUNITY.

2 SECTION 3. In Colorado Revised Statutes, 38-33.3-124, amend

3 (3); and add (1) (a) (Ill) as follows: 4 38-33.3-124. Legislative declaration - alternative dispute

5 resolution encouraged- policy statement required. (1) (a) (Ill) THE

6 GENERAL ASSEMBLY FURTHER FINDS A D DECLARES THAT WHEN THE

7 GOVERNING DOCUMENTS OF A COMMON fNTEREST COMMUNITY CONTAIN

8 A REQUIREMENT THAT CONSTRUCTION DEFECT CLAIMS BE SUBMITTED TO

9 MEDIATION OR ARBITRATION, THAT REQUIREMENT REPRESENTS A

10 COMMITMENT ON THE PART OF THE UNIT OWNERS AND THE ASSOCIATION

11 ON WH ICH DEVELOPMENT PARTIES ARE ENTITLED TO RELY. THEREFORE, A

12 LATER AMENDMENT TO THE GOVERNfNG DOCUMENTS THAT REMOVES OR

13 AMENDS THE MEDIATION OR ARBITRATION REQUIREMENT SHOULD NOT

14 APPLY TO CLAIMS THAT ARE DESCRIBED IN THE MEDIATION OR

15 ARBITRATION REQUIREMENTS OF THE GOVERNING DOCUMENTS.

16 (3) (a) The decimation, brlaws, or roles GOVERNING DOCUMENTS

17 ofthe association COMMON INTEREST COMMUNITY may specify situations

18 in which disputes shall be resolved b r binding ar bitt atiorr urrder MUST BE

19 SUBMITTED TO A MUTUALLY AGREED-UPON MEDIATOR OR, fN THE CASE OF

20 AN ARBITRATION SERVICE PROVIDER, AN ARBITRATION SERVICE PROVIDER

21 QUALIFIED PURSUANT TO the uniform arbitration act, part 2 of article 22

22 of title 13, C.R.S .. OR BY ANOTHER MEANS OF ALTERNATIVE DISPUTE

23 RESOLUTION UNDER THE FEDERAL ARBITRATION ACT, 9 U.S.C. SECS . 1 TO

24 307, or by another means of alternative dispute resolution under the

25 "Dispute Resolution Act", part 3 of article 22 of title 13. C.R.S. IF THOSE

26 SITUATIONS INCLUDE A CONSTRUCTION DEFECT CLAIM AGAfNST A

27 DEVELOPMENT PARTY, A SUBSEQUENT AMENDMENT TO THE GOVER lNG

-4- 177 1 DOCUMENTS THAT REMOVES OR AMENDS THE MEDIATION REQUIREMENT

2 IS NOT EFFECTIVE WITH REGARD TO A CONSTRUCTION DEFECT CLAIM.

3 (b) (I) A CONSTRUCTION DEFECTCLAlM AGAINST A DEVELOPMENT

4 PARTY MUST BE RESOLVED BY A QUALIFIED MEDIA TOR OR, fN THE CASE OF

5 AN ARBITRATION SERVICE PROVIDER, AN ARBITRATION SERVICE PROVIDER

6 QUALIFIED PURSUANT TO THE UNIFORM ARBJTRA TION ACT, PART 2 OF

7 ARTICLE 22 OF TITLE 13, C.R.S. THE PARTIES SHALL COOPERATE TO

8 SELECT A MUTUALLY AGREED-UPON MEDIATOR OR, IN THE CASE OF AN

9 ARBITRATION SERVICE PROVIDER, AN ARBJTRATION SERVICE PROVIDER

10 QUALIFIED PURSUANT TO THE UNIFORM ARBITRATION ACT, PART 2 OF

11 ARTICLE 22 OF TITLE 13, C.R.S., WITH A PREFERENCE GIVEN TO THE

12 MEDIATOR OR ARBITRATION SERVICE PROVIDER SPECIFIED fN THE

13 DECLARATION IF THAT PROVIDER IS OUALfFIED PURSUANT TO THE UNIFORM

14 ARBITRATION ACT, PART 2 OF ARTICLE 22 OF TITLE 13. C.R.S. IF NO

15 ARBITRATION SERVICE PROVIDER IS SPECIFIED fN THE GOVERNfNG

16 DOCUMENTSORJFTHEPARTIESAREUNABLETOAGREEUPONAMEDIATION

17 OR ARBITRA TJON SERVICE PROVIDER, THEN, WITH RESPECT TO MEDIATION,

18 THE PARTIES MAY PETITION THE DISTRICT COURT FOR THE JUDICIAL

19 DISTRICT IN WHICH THE COMMON fNTEREST COMMUNITY IS LOCATED TO

20 APPOINT A MEDIATOR AND, WITH RESPECT TO ARBITRATION, THE

21 ARBITRATION SERVICE PROVIDER WILL BE SELECTED IN ACCORDANCE WlTH

22 THE UNIFORM ARBITRATION ACT, PART 2 OF ARTICLE 22 OF TITLE 13, 23 C.R.S.

24 (II) NOTWITHSTANDING ANY PROVISION OF THE GOVERNfNG

25 DOCUMENTS TO THE CONTRARY, A MEDIATOR OR ARBlTRATOR SELECTED

26 TO PRESIDE OVER THE CONSTRUCTION DEFECT CLAIM MUST BE A NEUTRAL

27 THIRD PARTY AS PROVIDED IN SECTION 13-22-211 (2), C.R.S. BEFORE

-5- 177 1 BEING SELECTED TO PRESIDE OYER THE CONSTRUCTION DEFECT CLAIM, A

2 PROPOSED MEDIATOR OR ARBITRATOR SHALL MAKE THE DISCLOSURES

3 REQUIRED BY SECTION 13-22-212, C.R.S.

4 (III) NOTWITHSTANDING ANY PROVISION OF THE GOVERNING

5 DOCUMENTS TO THE CONTRARY, UNLESS THE PARTIES OTHERWISE AGREE,

6 THE MEDIATION OR ARBITRATION MUST BE HELD AT A MUTUALLY

7 AGREEABLE LOCATION WlTHfN THE JUDICIAL DISTRICT IN WHICH THE

8 COMMON INTEREST COMMUNITY IS LOCATED. 9 SECTION 4. In Colorado Revised Statutes, 38-33.3-303.5, 10 amend (1) and (2); and add (1.5) as fo llows: 11 38-33.3-303.5. Commencement oflitigation by executive board 12 - notice to unit owners - disclosure of projected costs - consent.

13 ( 1) (a) In the event B EFORE the executive board, pursuant to section 14 38-33.3-302 (1) (d), institutes an action asserting defects in the 15 construction of five or more units, the provisions of this section shall 16 appl:y. For purposes of this section, "action" shall have the same meaning

17 as set forth in section 13-20-803 (1), C.R.S. ANY LEGAL ACTION,

18 INCLUDING A CONSTRUCTION DEFECT CLAIM,

19 tb) the executive board shall substantially comply with the 20 provisions of this section.

21 (1.5) AS A CONDITION PRECEDENT TO ANY CONSTRUCTIO DEFECT

22 CLAIM, THE PARTIES MUST SUBMIT THE MATTER TO MEDLATION BEFORE A

23 NEUTRAL THIRD PARTY MUTUALLY SELECTED BY THE PARTIES TO THE

24 CONSTRUCTION DEFECT CLAIM. IF THE PARTIES ARE NOT ABLE TO AGREE

25 UPON A MEDIATOR, THEY MAY USE AN ALTERNATIVE SELECTION METHOD

26 SPEC IFIED fN THE GOVERNING DOCUMENTS OR, IF NO ALTERNATIVE

27 SELECTION METHOD IS SPECIFIED, MAY PETITION THE DISTRICT COURT fN

-6- 177 1 THE JURISDICTION IN WHICH THE COMMON INTEREST COMMUNITY IS

2 LOCATED TO APPOINT A MEDIATOR FOR THE CONSTRUCTION DEFECT

3 CLAIM.

4 (2) (a) Priot to the set vice ofthe sunnnot1s and eonrplaint on mry

5 defendant with tespect to an action govemed by this section WITHIN THE

6 TIME PERIOD SPECIFIED IN PARAGRAPH (c) OR (d) OF THIS SUBSECTION (2), 7 the executive board shall mail or deliver written notice of the

8 contmencement ot anticipated commencement ofsnch THE action to each

9 unit owner at the OWNER'S last-known address described in the

10 association's records.

11 (b) WITH RESPECT TO A CONSTRUCTION DEFECT CLAIM, the notice 12 required by paragraph (a) of this subsection (2) shallstate==a genetal

13 description of the following MUST CONTAIN:

14

15 (I) A GENERAL DESCRIPTION OF the nature of the action

16 CONSTRUCTION DEFECT CLAIM and the relief sought; and

17 (II) A GOOD-FAITH ESTIMATE OF THE BENEFITS AND RISKS

18 INVOLVED. INCLUDING the expenses and fees that the executive board

19 anticipates will be incurred BY THE ASSOCIATION in prosecuting the action

20 CONSTRUCTION DEFECT CLA LM, IN SUBSTANTIALLY THE FOLLOWING FORM:

21 1. IF THE ASSOCIATION DOES NOT FILE A CLAIM BY

22 [DA TEJ. THE CLAIM CANNOT BE FILED AT ALL

23 UNDER THE APPLICABLE STATUTE OF LIMITATION, STATUTE

24 OF REPOSE. OR BOTH.

25 2. lF THE AS SOC LA TION PREVAILS. THE EXECUTIVE

26 BOARD EXPECTS THAT THE ASSOCIATION MAY .RECOVER

27 FROM THE DEFENDANT(S) AN AMOUNT BETWEEN $

-7- 177 1 AND$

2 3. THE EXECUTIVE BOARD INTENDS TO ENTER INTO

3 A CONTINGE CY FEE ARRANGEMENT WITH THE ATTORNEYS

4 REPRESE TING THE ASSOCIATION, UNDER WHICH, OF THE

5 AMOU T THE ASSOCIATIO RECO VERS FROM THE

6 DEFENDANT(S), THE ATTORNEYS WILL BE PAID A

7 CONTINGENCY FEE EQUAL TO PERCENTOFTHE (NET)

8 (GROSS) RECOVERY. THE EXECUTIVE BOARD ESTIMATES

9 THAT, fN ADDITION TO ATTORNEY FEES, THE ASSOCIATION

10 WILL I CU R COSTS TOTALfNG APPROXIMATELY$

11 FOR CONSULTANTS, EXPERT WITNESSES, DEPOSITIONS,

12 FILING FEES, AND OTHER EXPENSES OF LITIGATION.

13 4. IF THE ASSOCIATION MAKES A CLAIM AND DOES

14 OT WIN, THE EXECUTIVE BOARD EXPECTS THAT THE

15 ASSOCIATIO WILL HAVE TO PAY FOR ITS OWN ATTOR EY

16 FEES, CONSULTANT FEES, EXPERT WITNESS FEES, A DOTH ER

17 COSTS (THE AMOUNT LISTED fN PARAGRAPH 3 ABOVE) PLUS

18 THE DEFEN DANT'S CONSULTANT FEES, EXPERT WITNESS

19 FEES, AND COURT COSTS .

20 5. IF THE ASSOCIATIO

21 THE DEFE DANT(S), IT MAY HAVE TO PAY TO REPA IR OR

22 REPLACE THE CLAIMED DEFECTIVE CO STRUCTION WORK. IN

23 ADDITIO , THE ASSOCIATION MAY HAVE TO PAY THE

24 DEFEN DANTS' ATTORNEY FEES.

25 6. U TIL THE CLAIMED DEFECTIVE CONSTRUCTIO

26 WORK IS REPAIRED OR REPLACED, OR U TIL THE

27 CO STRUCTION DEFECT CLAIM IS CONCLUDED, THE MARKET

-8- 177 1 VALUE OF THE AFFECTED UNITS WILL BE ADVERSELY

2 AFFECTED.

3 7. UNTIL THE CLAIMED DEFECTIVE CONSTRUCTION

4 WORK IS REPAIRED OR REPLACED, OR UNTIL THE CLAIM IS

5 CONCLUDED, OWNERS OF THE AFFECTED UNITS WlLL HAVE

6 DIFFICULTY REFINANCING AND PROSPECTIVE BUYERS OF THE

7 AFFECTED UNITS WILL HAVE DIFFICULTY OBTAINING

8 FINANCING. IN ADDITION, CERTAIN FEDERAL UNDER WRITING

9 STANDARDS OR REGULATIONS PREVENT REFINANCING OR

10 OBTAINING A NEW LOAN IN PROJECTS WHERE A

11 CONSTRUCTION DEFECT IS CLAIMED. IN ADDITION, CERTAIN

12 LENDERS AS A MA TIER OF POLICY WILL NOT REFINANCE OR

13 PROVIDE A NEW LOAN IN PROJECTS WHERE A CONSTRUCTION

14 DEFECT IS CLAIMED.

15 (c) WITH RESPECT TO A CONSTRUCTION DEFECT CLAIM:

16 (I) THE NOTICE REQUIRED UNDER PARAGRAPH (a) OF THIS

17 SUBSECTION (2) MUST BE SENT AT LEAST SIXTY DAYS BEFORE SERVICE OF

18 THE NOTICE OF CLAIM UNDER SECTION 13-20-803.5, = C.R.S.; AND

19 (II) THE CONSTRUCTION DEFECT CLAIM IS NOT AUTHORIZED

20 UNLESS THE EXECUTIVE BOARD OBTAINS THE SIGNED. WRITTEN CONSENT

21 FROM OWNERS, OTHER THAN THE DECLARANT, OF UNITS TO WHICH AT

22 LEAST A MAJORITY OF THE TOTAL VOTES, EXCLUDING VOTES ALLOCATED

23 TO UNITS OWNED BY THE DECLARANT, IN THE ASSOCIATION ARE

24 ALLOCATED, = WHICH WRITTEN CONSENT ACKNOWLEDGES THAT THE

25 OWNER HAS RECEIVED THE NOTICE REQUIRED UNDER THIS SUBSECTION (2)

26 AND APPROVES OF THE EXECUTIVE BOARD'S PROPOSED ACTION.

27 (d) WITH RESPECT TO ANY LEGAL ACTION OTHER THAN A

-9- 177 CONSTRUCTION DEFECT CLAIM DESCRJBED I PARAGRAPH (c) OF THIS

2 SUB ECTION (2), THE NOTICE REQUIRED UNDER PARAGRAPH (a) OF THIS

3 SUBSECTIO (2)MUSTBESENT AT LEAST TH IRTY DAYS BEFORESERVICEOF

4 THE SUMMONS A D COMPLAINT. 5 SECTION 5. In Colorado Revised Statutes, 38-35.7-102, amend 6 (1) as follows: 7 38-35.7-102. Disclosure - common interest community - 8 obligation to pay assessments - requirement for architectural 9 approval. (1) On and after January 1, z.ew 2016, every contract for the 10 purchase and sale of residential real property in a common interest

11 community shall contain a disclosure statement in bold-faced type that is

12 clearly legible and in substantially the following form : 13 THE PROPERTY IS LOCATED WITHIN A 14 COMMON INTEREST COMMUNITY AND IS 15 SUBJECT TO THE DECLARATION FOR SUCH 16 THE COMMUNITY. THE OWNER OF THE 17 PROPERTY WILL BE REQUIRED TO BE A 18 MEMBER OF THE OWNER'S ASSOCIATION FOR 19 THE COMMUNITY AND WILL BE SUBJECT TO 20 THE BYLAWS AND RULES AND REGULATIONS 21 OF THE ASSOCIATION. THE DECLARATION,

22 BYLAWS, AND RULES AND REGULATIONS WILL 23 IMPOSE FINANCIAL OBLIGATIONS UPON THE 24 OWNER OF THE PROPERTY, INCLUDING AN 25 OBLIGATION TO PAY ASSESSMENTS OF THE 26 ASSOCIATION. IF THE OWNER DOES NOT PAY 27 THESE ASSESSMENTS, THE ASSOCIATION

-10- 177 1 COULD PLACE A LIEN ON THE PROPERTY AND 2 POSSIBLY SELL IT TO PAY THE DEBT. THE 3 DECLARATION, BYLAWS, AND RULES AND 4 REGULATIONS OF THE COMMUNITY MAY 5 PROHIBIT THE OWNER FROM MAKING 6 CHANGES TO THE PROPERTY WITHOUT AN 7 ARCHITECTURAL REVIEW BY THE 8 ASSOCIATION (OR A COMMITTEE OF THE 9 ASSOCIATION) AND THE APPROVAL OF THE 10 ASSOCIATION. PURCIIASERS ASSOCIATION. 11 THE DECLARATION FOR THE COMMUNITY OR 12 THEBYLAWSORRULESANDREGULATIONSOF 13 THE ASSOCIATION MAY REQUIRE THAT 14 CERTAIN DISPUTES BE RESOLVED BY 15 MANDATORY, BINDING ARBITRATION. 16 PURCHASERS OF PROPERTY WITHIN THE 17 COMMON INTEREST COMMUNITY SHOULD 18 INVESTIGATE THE FINANCIAL OBLIGATIONS 19 OF MEMBERS OF THE ASSOCIATION. 20 PURCHASERS SHOULD CAREFULLY READ THE 21 DECLARATIONFORTHECOMMUNITY ANDTHE 22 BYLAWS AND RULES AND REGULATIONS OF 23 THE ASSOCIATION. 24 SECTION 6. Effective date - applicability. (1) Except as 25 otherwise provided in subsection (2) of this section, this act takes effect 26 upon passage. 27 (2) Section 4 of this act takes effect January 1, 2016, and applies

-11- 177 to contracts executed on or after that date. 2 SECTION 7. Safety clause. The general assembly hereby finds, 3 determines, and declares that this act is necessary for the immediate 4 preservation of the public peace, health, and safety.

-12- 177 SB 15-177 J..~tn~J,. The Voice of Color•do's Ci ties 1md Towns

BUILDING A STRONG PARTNERSHIP WITH COLORADO'S CITIES AND TOWNS

AFFORDABLE HOUSING FIX BARRIERS TO ATTAINABLE AND AFFORDABLE HOMEOWNERSHIP

SB 15-177 -YOUR "YES" VOTE RESPECTFULLY REQUESTED Providing quality, affordable, and diverse housing options for our citizens is high priority for local municipalities. Across the state, there is a huge need for more housing as condo and townhome construction has effectively ground to a halt. This is due in part to concerns among builders about the growing number of lawsuits over construction issues. SB 15-77 will facilitate the construction of more affordable housing while protecting the rights of homeowners. Please pass this important legislation. SB 15-177 protects homeowners while enhancing affordability and reducing litigation: • Establishes alternative dispute resolution - mediation or arbitration - as the preferred pathway for resolution of construction issues, instead of filing a lawsuit. • Requires a majority vote of all association homeowners before legal action can go forward, putting an end to a handful of owners or the association board deciding to proceed with costly and time-consuming litigation that impacts all owners within a community. • Promotes proper notification to all homeowners of: • Nature and scope of the proposed litigation - and the relief sought, • Estimated costs to the association, including any special assessments on members or use of the association's reserve funds, • Expected impact on values of units included in the legal action, and • Expected impact on values of units not included in the legal action - including the effects on refinancing and prospective buyers gaining mortgage financing. Colorado's local communities need the state legislature to take action that: • Allows for the construction of more diverse and affordable housing options, closer to downtown and work, so that young workers can own rather than rent and seniors can make housing choices; • Encourages new developments near light rail and transit stations that provide easy access to commuting, shopping and urban-living options, and promote density and sustainable housing options that consumers want but cannot access currently; and • Fosters conditions that will encourage builders to construct more affordable housing and thereby provide increased homeownership opportunities.

February 11, 2015

For more information, contact Meghan Dollar, Legislative and Policy Advocate, at (303) 831-6411 or mdol/[email protected]

ATTACHMENT 2 AMENDED 10/13/14

0-2014-21

AN ORDINANCE

ADDING A NEW CHAPTER 26 TO ARTICLE 14 OF THE LAKEWOOD MUNICIPAL CODE CONCERNING REPAIR OF CONSTRUCTION DEFECTS

WHEREAS, the City of Lakewood is a home rule municipal corporation organized pursuant to Article 20 of the Colorado Constitution and the Charter of the City of Lakewood; and

WHEREAS, by virtue of Article 20 of the Colorado Constitution, and as further authorized by state law, including but not limited to, Sections 31-15-401 and 31-23-301 of the Colorado Revised Statutes, the City of Lakewood has broad authority to exercise its police powers to promote and protect the health, safety and welfare of the citizenry; and

WHEREAS, land use, planning and general business regulation are well­ established as matters of purely local concern, and therefore subject to regulation by home rule cities; and

WHEREAS, the City's zoning ordinance and Comprehensive Plan both contemplate a diverse housing stock, consisting of a mix of single-family and multi­ family developments, and both owned and rented units, designed to serve the needs of all Lakewood residents; and

WHEREAS, the advent of light rail service via the W Rail Line has intensified the need for owner-occupied units, particularly in transit-oriented zones around light rail stations; and

WHEREAS, despite a genuine demand for such housing options, statistics show that almost no owner-occupied multi-family developments, or condominiums, are being developed in and around Lakewood; and

WHEREAS, the general consensus is that the paucity of condominiums available for sale in Lakewood is the result of a litigation climate that puts builders and developers at risk of substantial judgments, often including punitive damages, for alleged construction defects; and

WHEREAS, that risk of exposure to large damage awards has led insurance companies who would normally insure development projects to stop writing policies for owner-occupied multi-family projects; and

ATTACHMENT 3 0-2014-21 Page 2 WHEREAS, the City Council finds that the health, safety and welfare of Lakewood residents is being negatively impacted by the lack of housing options; and

WHEREAS, the City Council further finds that while the scarcity of new condominium projects is not unique to the City of Lakewood, the City nevertheless experiences some unique impacts because of its proximity to the light rail line and the graying of its population, among other factors; and

WHEREAS, the City Council therefore desires to take reasonable steps within its power as a home rule city to encourage the development of owner-occupied multi-family residential projects through the adoption of regulations designed to reduce the risk and exposure to builders and developers of such projects, while still protecting home-owners from legitimate construction defect claims.

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Lakewood:

SECTION 1. The foregoing recitals are incorporated into and made part of this Ordinance.

SECTION 2. Title 14 of the Lakewood Municipal Code is hereby amended by the addition of a new Chapter 14.26, to read in full as follows:

Chapter 14.26

REPAIR OF CONSTRUCTION DEFECTS

14.26.010 Purposes and Applicability.

A. The purposes of this Ordinance are to:

1. encourage the construction of owner-occupied multi-family developments in Lakewood;

2. facilitate the implementation of Lakewood's Comprehensive Plan and Zoning Ordinance, both of which contemplate owner-occupied multi-family developments in transit-oriented areas and throughout the City;

3. reassure homeowners that most, if not all, construction defects will be promptly investigated and repaired by builders;

4. motivate all parties to resolve disputes involving construction defects quickly and without the need for expensive and time-consuming litigation; and 0-2014-21 Page .3 5. provide homeowners in communities with homeowners associations with an enhanced opportunity to participate in the governance of their community by empowering individual owners to give or withhold their informed consent with respect to actions the board of the homeowners association may desire to pursue regarding construction defects.

B. Applicability.

This ordinance shall apply only to new construction commenced after the effective date of the ordinance.

14.26.020 Definitions

Builder means any entity or individual, including but not limited to a builder, developer, general contractor, contractor, subcontractor, architect, engineer or original seller who performs or furnishes the design, supervision, inspection, construction or observation of any improvement to real property that is intended to be occupied as a dwelling or to provide access or amenities to such an improvement.

Construction Defect means any instance in which a structure or portion thereof does not conform in all material respects to the applicable section(s) of the Building Code, or does not conform to the manufacturer's specifications if those specifications are more strict than the applicable provisions of the Building Code.

Homeowner means any person who owns a unit in a condominium or planned community, but shall not include any declarant or any person having an interest in a unit solely as security for an obligation. As used in this Chapter, Declarant shall have the meaning set forth in C.R.S. § 38-33.3-103(12).

14.26.030 Potential Claimants

Original buyers or subsequent buyers of an attached single-family dwelling or a unit in a multi-family building, or the governing homeowners association may send the notice of Construction Defect, provided the notice is sent within the applicable time period.

14.26.040 Potential Respondents

Any person or entity within the definition of a "Builder" as defined in Section 14.26.020 of this Ordinance is subject to the requirements of this Ordinance.

14.26.050 Claimant's Notice to Builder of Construction Defects; Builder's Acknowledgement; Inspection

A. Claimant's Notice. Upon the discovery of any alleged Construction Defect, a claimant must provide written notice via certified mail or personal delivery to the party alleged to have caused or contributed to the defect, in the manner 0-2014-21 Page 4 prescribed in this Section, of the claimant's claim that one or more Construction Defects exists in his/her residence or, with respect to any homeowners association, that one or more Construction Defects exists in any residence or in any common areas or facilities.

The notice must: 1. Provide the claimant's name, address and preferred method of contact; 2. State that the claimant alleges a Construction Defect pursuant to this Chapter against the Builder; and 3. Describe the claim in reasonable detail sufficient to determine the nature and location of the alleged Construction Defects.

B. Builder's Responsibilities. After receiving notice of a potential Construction Defects claim , a Builder must do each of the following:

1. Acknowledge Claim in Writing. a. A Builder who receives a notice under this Chapter shall acknowledge receipt of the notice, in writing, within 14 days after receipt. The notice shall be sent to the claimant and to any attorney the Builder knows to be representing the claimant in connection with the notice. If the Builder has retained legal counsel, said counsel shall thereafter communicate with the claimant's legal representative, if any. b. If the Builder fails to acknowledge receipt of a notice within the time specified, this Chapter shall not apply and the claimant shall be released from the requirements of this Chapter and may proceed with the filing of an action against the Builder. 2. Maintain an agent for notice with the Secretary of State; and 3. If specifically asked to do so by the claimant and within 14 days of such a request, provide the claimant or his/her legal representative with: a. copies of all relevant plans, specifications, grading plans, soils reports and available engineering calculations pertaining to the claimant's residence; b. all maintenance and preventative maintenance recommendations pertaining to the claimant's residence; and c. limited contractual warranty information. 4. A Builder responding to a Claimant's request for documents may charge reasonable copying costs and may require the copies of the documents to be made onsite. 5. Builder's Election to Inspect Property. In addition to the requirements set forth in this Section, if the Builder elects to inspect the claimed Construction Defect, the Builder shall complete the initial inspection and testing, if any, within 14 days after the Builder acknowledged receipt of the notice, and at a mutually agreeable date and time. The Builder shall bear all costs of inspection and testing, including any damage caused by the inspection and testing. Before entering onto the premises for the inspection, the Builder shall supply the claimant with proof of liability insurance coverage. The Builder 0-2014-21 Page 5 shall, upon request, allow the inspection to be observed and recorded or photographed. Nothing that occurs during a Builder's inspection may be used or introduced as evidence to support a defense of spoliation of evidence by any potential party in subsequent litigation. 6. A Builder who fails to comply with any of the foregoing requirements within the time specified is not entitled to the protection of this Chapter, and the homeowner is released from the requirements of this Chapter and may proceed with the filing of an action. 7. If a notice is sent to the builder in accordance with 14-26-050 within the time prescribed for the filing of an action under any applicable statute of limitations or repose, then the statute of limitations or repose is tolled until sixty days after the completion of the notice process described in section 14-26-050. If the builder elects to repair pursuant to 14-26-060, then the statute of limitations or repose is tolled until sixty days after the completion of repairs.

14.26.060 Builder's Right to Repair

A. Within thirty (30) days of the initial inspection or testing, the Builder may elect to repair the Construction Defect. If the Builder elects to repair the Construction defects, it has the right to do so and the Claimant may not, directly or indirectly, impair, impede or prohibit the Builder from making repairs. Any notice to repair shall offer to compensate the claimant for all applicable damages within the timeframe set for repair. Any notice of repair shall be accompanied by a detailed, step-by-step explanation of the particular defect being repaired and setting forth a reasonable completion date for the repair work. The notice shall also include the contact information for any contractors the Builder intends to employ for the repairs.

B. Claimant shall promptly cooperate with Builder to schedule repair work by Builder.

C. Within ten (10) days after receipt of the builder's notice to repair, a claimant may deliver to the builder a written objection to the proposed repair if the claimant believes in good faith that the proposed repairs will not remedy the alleged defect. The builder may elect to modify the proposal in accordance with the claimant's objection, or may proceed with the scope of work set forth in the original proposal.

D. Builder's Failure to Comply. If the Builder fails to send a notice to repair or otherwise strictly comply with this Chapter within the specified time frames, or if the Builder does not complete the repairs within the time set forth in the notice to repair, the claimant shall be released from the requirements of this Chapter and may proceed with the filing of an action against the Builder. Notwithstanding the foregoing, if the Builder notifies the claimant in writing at least 5 days before the 0-2014-21 Page 6 stated completion date that the repair work will not be completed by the completion date, the Builder shall be entitled to one reasonable extension of the completion date, not to exceed ten days.

E. Completion of repairs. The Builder shall notify the claimant when repairs have been completed. The claimant shall have ten days following the completion date to have the premises inspected to verify that the repairs are complete and satisfactorily resolved the alleged defects. A claimant who believes in good faith that the repairs made do not resolve the defects may proceed with the notice required by 14.26.1 00.

14.26.070 Warranty of Repairs

The repair work performed by the Builder shall be warranted against material defects in design or construction for a period of 2 years, wh ich warranty shall be in addition to any express warranties on the original work.

14.26.080 Subsequently Discovered Defects

Any alleged Construction Defect discovered after repairs have been completed shall be subject to the same requirements of this Chapter if the Builder did not have notice or an opportunity to repair the particular defect.

14.26.090 Alternative Dispute Resolution Provisions

If a provision found in the declaration, bylaws or rules and regulations of a common interest community requ ires that Construction Defect claims be submitted to mediation or arbitration, that requirement constitutes a commitment on the part of the unit owners and the association upon wh ich a developer, contractor, architect, builder or other person involved in the construction of the community is entitled to rely. Consequently, a subsequent amendment to the declaration, bylaws or rules and regulations that removes or amends the mediation or arbitration requirement shall not be effective with regard to any Construction Defect claim that is based on an alleged act or omission that predates that amendment.

14.26.100 Informed Consent of Homeowners

Homeowners are entitled to be kept informed by boards of homeowners associations of the board's consideration of actions regarding Construction Defects and to have meaningful input and a right to make a considered judgment and give (or withhold) informed consent. Accordingly, if a board of an association considers or intends to institute an action asserting one or more Construction Defects, the board must do each of the following: 0-2014-21 Page 7 A. At least sixty (60) days before filing any action under Section 13-20-803.5, C.R.S., the claimant must mail or deliver written notice to each Homeowner at the Homeowner's last known address. B. The notice must be signed by a person other than, and not employed or otherwise affiliated with, the attorney or law firm that represents or will represent the association in the construction defects claim. C. The notice required by this section must contain the following information: i. The nature of the action and the relief sought; ii. The amount of expenses and fees the board anticipates will be incurred, directly or indirectly, in prosecuting the action. Attorney's fees, consultant fees, expert witness fees and court costs, whether incurred by the association directly or for which it may be liable if it is not the prevailing party or if it does not proceed with the action; iii. The estimated cost of repairing the defect, or if the defect is not repaired, the estimated reduction in value of the unit; iv. The estimated impact on the marketability of units that are not the subject of the action, including any impact on the ability of the owners to refinance their property during and after the action; v. The manner in which the association proposes to fund the cost of the action, including any proposed special assessments or the use of any revenues; and vi. The anticipated duration of the action and the likelihood of success. vii. Whether the Builder has offered to make any repairs and, if so, whether the Builder has made repairs. viii. The steps taken by the builder in accordance with this Chapter to address the alleged defect, including any acknowledgement, inspection, election to repair or repairs. D. The association may not commence the action unless the Board obtains the written consent of Homeowners holding at least a majority of the total voting rights in the association after giving the notice required by this Section. Homeowners may vote either directly or through a proxy directed in writing by the Homeowner and confirmed in writing by the proxy. Such consent must be obtained within 60 days after such notice is provided, otherwise the owners shall be deemed to have declined to provide their informed consent to such action.

SECTION 3. Severability. If any provision of this Ordinance should be found by a court of competent jurisdiction to be invalid, such invalidity shall not affect the remaining portions or applications of this Ordinance that can be given effect without the invalid portion, provided that such remaining portions or application of this Ordinance are not determined by the court to be inoperable.

I hereby attest and certify that the within and foregoing ordinance was introduced and read on first reading at a regular meeting of the Lakewood City Council on the 22nd day of September, 2014; published by title in the Denver Post and in full on the City of 1 Lakewood's website, www.lakewood.org, on the 25 h day of September, 2014; set for 0-2014-21 Page 8 1 public hearing on the 13 h day of October, 2014, read , finally passed and adopted by the City Council on the day of October, 2014 and , signed and approved by the Mayor on the day of October, 2014.

Bob Murphy, Mayor

ATTEST:

Margy Greer, City Clerk

APPROVED AS TO FORM :

Tim Cox, City Attorney