HomeMy WebLinkAboutCouncil Packet 06/11/20126:45 p.m. Pre-Meeting
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CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
June 11, 2012
7:00p.m.
Individuals with disabilities are encouraged to participate in all public meetings sponsored by
the City of Wheat Ridge. Call Heather Geyer, Public Information Officer, at 303-235-2826 at
least one week in advance of a meeting if you are interested in participating and need inclusion
assistance.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLLCALL OF MEMBERS
APPROVAL OF MINUTES OF May 14,2012
PROCLAMATIONS AND CEREMONIES
Brake for Bela
CITIZENS ' RIGHT TO SPEAK
a . Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3
Minutes and sign the Public Comment Roster.
b . Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA
ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be
heard.
APPROVAL OF AGENDA
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
1:. Council Bill 04-2012-An Ordinance amending Section 11-53 (b) of the Wheat Ridge
Code of Laws concerning application of the State Liquor Laws within the City.
2 . Council Bill 06-2012-An Ordinance amending the Wheat Ridge Code of Laws,
Chapter 2 , Section 2-53 (b) regarding membership of Boards and Commissions and
Section 2-53 (f) concerning the administering of oaths to Board and Commission
Members .
CITY COUNCIL AGENDA: June 11 ,2012 Page -2-
ORDINANCES OF FIRST READING
3. Council Bill No. 07-2012-An Ordinance approving the Rezoning of property located at
5060 Ward Road from Planned Industrial Development (PID ) and Light Industrial (I) to
Mixed Use -Commercial Transit Oriented Development (MU-C TOO) Zone District
(Case No. WZ-12-02/IBC Holdings
~. Council Bill 08-2012-An Ordinance approving the Rezoning of Property located at
4695 Wadsworth Blvd . from Residential -Two (R-2) to Mixed Use-Neighborhood
(MU-N) Zone District (Case No . WZ-12-03/Patrick Nichols & Associates)
§.. Council Bill 09-2012-An Ordinance amending various sections of Chapter 26 of the
Wheat Ridge Code of Laws , Concerning Zoning, to regulate Group Homes for the
Handicapped and to bring uniformity to certain Residential Group Home Zoning
requirements and Substance Abuse Clinic Zoning requirements
DECISIONS. RESOLUTIONS AND MOTIONS
7 .
Motion to appoint Christina Rea to the Animal Welfare and Control
Commission-District Ill
Resolution No. 28-2012-A Resolution amending the Fiscal Year 2012 General Fund
Budget to reflect the approval of a Supplemental Budget Appropriation for the 381h
Avenue Pedestrian/Bicycle Count Grant in the amount of $2 ,000.00 .
Resolution No. 29-2012 -A Resolution authorizing approval of the Denver Regional
Council of Governments Consortium Agreement concerning the goals and governance
of the US Department of Housing and Urban Development's Sustainable Communities
Regional Planning Grant.
Resolution No. 30-2012-A Resolution amending the Fiscal Year 2012 General Fund
Budget to reflect the approval of a Supplemental Budget Appropriation in the amount of
$350,000 to Renewal Wheat Ridge for the purpose of providing a loan for the Town
Center North Project Infrastructure Improvements.
CITY MANAGER'S MATTERS
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MATTERS
ADJOURNMENT
CITY OF WHEAT RIDGE, COLORADO
May 14, 2012
Mayor DiTullio called the Regular City Council Meeting to order at 7 :00 p.m .
ROLL CALL OF MEMBERS
Davis Reinhart
Bud Starker
Joyce Jay
Kristi Davis
Mike Stites
George Pond
Joseph DeMott
Tracy Langworthy
Also present: City Clerk, Janelle Shaver; City Attorney, Gerald Dahl; City Treasurer,
Larry Schulz; City Manager; Patrick Goff; Police Chief, Dan Brennan; Administrative
Services Director, Heather Geyer; Public Works Director, Tim Paranto; Parks and
Recreation Director, Joyce Manwaring ; Economic Development Coordinator, Steve Art;
staff, interested parties and interested citizens.
APPROVAL OF MINUTES OF April 23, 2012
Motion b y M r. Stites for approval of the Minutes of April 23, 2012 ; seconded by Mr.
Starker; carried 7-0 , with Mrs. Langworthy abstaining.
PROCLAMATIONS AND CEREMONIES
Emergency Medical Services Week
C ity Clerk Shaver read a proclamation on beha lf of Mayor D iTullio and City
Council declaring May 20 , 2012 through May 26 , 2012 as the City of Wheat
Ridge Emergency Medical Services Week.
Courtney Morehouse from Pridemark accepted the proclamation and thanked the
City for their recognition .
Police Officers ' Memorial Day and Pol ice Week
City Clerk Shaver read a proclamation on behalf of Mayor DiTullio and City
Council declaring Tuesday, May 15, 2012 as the City of Wheat Ridge Police
Officers' Memorial Day and declaring May 13 , 2012 through May 19, 2012 as the
City of Wheat Ridge Police Week.
City Council Minutes May 14 , 2012 Page 2
Dan Brennan , Ch ief of Pol ice , accepted the proclamation on beha lf of the City of
Wheat Ridge Police Department. He thanked the City and the community,
and reminded the City Council of the Police Awards Ceremony tomorrow
afternoon at 3:00 i n the Council Chambers.
CI T IZENS' R IGHT TO SPEAK
Amanda F itzsimmons of Breathe Easy Wheat Ridge and Jefferson County Public
Health introduced Emma M il ek and Tasha Taylor, students at Wheat R idge H igh
Schoo l. The students presented a project they have been doing taking pictures of
smoking activity and collecting ciga rette butts at the park across the street from the
school. They wanted to show how smoking affects their world and the kids. They hope
for tobacco free p laygrounds and parks and a tobacco free commun ity. Ms.
Fitzsi mmons also gave Counc ilmembers a copy of a newspaper article about the
tobacco cleanup .
Nancy Waring , president of the PTA at Wheat Ri dge H igh School , worked w ith
Amanda and the gir ls on the project. As a school nurse Nancy has passion about
second hand smoke. Additionally, her husband is a surgeon at Lutheran Hosp ital and
has experience with the dangers of 2nd hand smoke. Nancy hopes ord i nances w i ll be
passed to make our community more healthy i n terms of playgrounds, bus stops, etc .
APPROVALOF AGENDA
~ CON SENTAGENDA
A Motion to approve payment to Atlant is Pool Plastering , Inc., DBA Atlantis Aquatic
Group, i n the amount of $66 ,777 for the refinishing of the Recreation Center Lap
Pool.
B. Motion to Cancel the Study Session of May 21 , 2012
C . Motion to approve award of ITB-12-11 , Bus Shelter Installation P roject to JL
Melton Const ruction , Inc., Denver, CO, in the contract amou nt of $31 ,075 , and a
contingency amount of $3,100.
D . Mot ion to approve payment to MSN Communications, Inc. in the amount of
$102,674 .81 for two Cisco Core Switch Replacements
E. Approval of payment in the amount of $40 ,684 to Wheat Ridge 2020 for Phase
Two of the Implementation of the 38th Ave. Corridor Plan
City Council Minutes May 14, 2012 Page 3
F . Motion to award purchase of new playground equipment in Paramount Park to
Miracle Recreation Equipment Company in the amount of $52 ,076.80
G . Motion to award demolition of existing playground equipment, installation of new
playground equipment and related site work i n Paramount Park to Churchich
Recreation Company LLC in the amount of $17 ,931 .86
H. Resolution No. 25-2012-Amending the Fiscal Year 2012 General Fund Budget
to reflect the approval of a Supplemental Budget appropriation in the amount of
$7 ,000 and the acceptance of a 2012 COOT Grant to support the Checkpoi nt
Colorado Program
I. Motion to approve payment of the Sales Tax Increment for April of Fiscal Year
2012 from the Town Center Project in the amount of $36 ,112 .06 to the Wheat
Ridge Urban Renewal Authority
J . Resolution No. 27-2012-Approving an Intergovernmental Agreement for
cooperative purchas ing purposes between the City of Wheat Ridge and
HGACBUY
The Consent Agenda was introduced and read by Councilmember DeMott ..
Mrs. Langworthy pulled Item 1 C .
M o tion by Mr. DeMott for approval of Items A , B , D, E, F , G , H, I, and J of the Consent
Agenda ; seconded by Mr. Stites ; carried 8-0.
Counci lmember Langworthy i ntroduced Item 1 C . the award of the purchase of 30 new
bus shelters . She was concerned about how RTD 's route revision m ight affect the
purchase of these bus shelters. Some of the proposed new bus shelters are slated to
be located on streets that might have their RTD route eliminated . Mr. Paranto reported
that if RTD does discontinue bus service on certain streets the City could relocate those
shelters. Further, even if the routes in question are discontinued , often people who use
Call-n-Ride can be p icked up at these stops, so the bus stops wou ld get used
regardless .
Motion by Mrs . Langworthy to award ITB-12-11 , Bus Shelter Installation Project to JL
Melton Construction, Inc., Denver, in the amount of $31 ,075 , with a contingency amount
of $3,107 and that the D irector of Publ ic Works be authorized to issue change orders up
to a total contract and contingency amount of $34, 182; seconded by Mr. Stites, carried
8-0.
ORDINANCES ON FIRST READING
City Cou ncil Minutes May 14 , 2012 Page 4
2 . Council Bill 06 -2012 -amending the Wheat Ridge Code of Laws , Chapter 2 ,
Section 2-53 (b) regarding membersh ip of boards and commissions and Section
2-53 (f) concern ing the administeri ng of oaths to board and commission
members
• Currently all boards and commissions are to have 8 members. Th is
change would allow Council to alter that number, as is currently the case
with the Build ing Code Advisory Board which has already been altered to
have only 5 members.
• Currently board and commiss ion members are supposed to be sworn in
by the mayor at a regularly scheduled council meeting . This change will
allow the mayor to assign that duty to a designee and also allow for the
swearing in to be done i n and by the office of the city clerk .
•
Motio n by Councilmember Stites to approve Council Bill No. 06-2012. an
ordinance amending the Wheat R idge Code of Laws regarding membership of
boards and comm issions and the adm i nistering of oaths to those members, on
first read i ng ordered it published and set for a public hearing on June 11 , 2012 at
7 :00p.m . in C ity Counci l Chambers; seconded by Mr. DeMott; carried 8 -0
~· Counci l Bill No. 04-2012-amend ing Section 11 -53(b ) of the Whea t R idge Code
of Laws c oncern ing appl ication of t he State Liquor Laws w ithin the C ity
Currently a hotel/restaurant license is the only liquor license that can be located
within 500 feet of a school in Wheat Ridge. Th is change would amend the list of
liquor licenses allowed w ithin 500 feet of a sc hool to include beer and wine
licenses, brew pub licenses , art licenses and v i ntner's restaurant licenses.
Motio n by Councilmember Pond to app rove Council B i ll No . 04-2012 , an
ord inance amending Section 11-53(b) of the Wheat Ridge Code of Laws
concerni ng application of the state liquor laws, on first reading , order it published
and set for a public hearing on June 11 , 2012 at 7 :00 p .m . in City Council
Chambers, and that it takes effect immed iately; seconded by M r. Stites ; carried
8-0
DECIS IONS , RESOLUTI ONS , AND MOTI ONS
4 . Resolution No. 24 -2012 -approving the establishment of a Bus i ness Development
Zone encompassing the entire City of Wheat Ridge
Councilmember Starker asked to recuse hi mself from Agenda Item 4 . By unanimous
consent he was allowed to recuse himself. He left the room for the d iscuss ion and
vot ing on th is agenda item and returned for Agenda Item 5 .
City Council Minutes May 14 , 2012 Page 5
Ms. Davis introduced Item 4 and read some background . The BDZ program has
always been used on a limited and inconsistent basis . In response to recent inquiries
from existing and potential businesses for inclusion into a BDZ district Council reached
a consensus on April 16, 2012 to create a BDZ district encompassing the entire city .
Motion by Ms . Davis to adopt Resolution No. 24-2012, a resolution designating
the entire City of Wheat Ridge as a Business Development Zone pursuant to
Code Section 22, Division 5 ; seconded by Mr. Stites; carried 7-0
~ Approval of the written findings and decision in Case No. Sup-12-01 Wellspring
Bible Church and deny the application for a Special Use Permit at 3010 Newland
Street
On April 23, 2012 the City Council voted to deny the application of the Wellspring Bible
Church requesting a special use permit for a charter school as an accessory use .
Moti on by Mr. Starker to approve the written findings and decision in Case No . SUP-
12-01 as submitted and deny the Special Use Permit for 3010 Newland Street;
seconded by Mr. DeMott; carried 6-2, with Mr. Reinhart and Mr. Pond voting no .
6 . Resolution No. 26-2012 -requesting the Denver Regional Transportation District to
maintain Bus Route 32 west of Wadsworth Boulevard
At issue is RTD's proposed FASTRACKS service plan which calls for the termination of
several bus routes in the southwest portion of the city, including Route 32 west of
Wadsworth. This route serves some 80 students at Wheat Ridge High School so
eliminating this route would be a tremendous hardship for those students and their
parents . The RTD Board of Directors is scheduled to approve this West Corridor
Service Plan at its May 22 , 2012 meeting .
Motion by Mr. Pond to approve Resolution No . 26-2012-a resolution requesting
Denver Regional Transportation District to maintain Bus Route 32 west of Wadsworth
Boulevard with the addition of the following:
Adding (the italicized) wording in the last 'Whereas" (as originally written) so that it
reads : "WHEREAS the elimination of Route 32 service west of Wadsworth would be a
tremendous hardship on the Wheat Ridge High School students and parents", and
Adding a final "Whereas" to read as follows :
"WHEREAS the elimination of Route 32 service west of Wadsworth will dramatically
impact residents ' ability to commute to work or school in Denver".
Seconded by Mr. Stites , carried 8-0. Copies of the resolution will be sent to all 15 RTD
board members, including our area RTD representative, Matt Cohen .
City Council Minutes May 14 , 2012 Page 6
CITY MANAGER'S MATTERS
Mr. Goff reminded folks that there will be an emergency preparedness drill at Lutheran
Hospital this Wednesday, May 16. Citizens need not be alarmed as it is only a test.
Our police department will be participating.
Mr. Goff also reported that work on the Gold Line will be starting in the next couple of
weeks . Citizens should start to see some activity related to the project.
CITY ATTORNEY'S MATTERS
C ITY C L ERK MAT TERS
City Clerk Shaver reminded people that the last day to register to be eligible to vote in
this year's primary is Tuesday , May 29. People who would like to register or unaffiliated
voters who would like to declare a party affiliation can do it in person at the Motor
Vehicle office at 201h and Wadsworth or online . To register online citizens can go to the
Jeffco Clerk 's website at www.votejeffco com or the Secretary of State 's website at
www govotecolorado .com . There are also links to the Secretary of State 's registration
site on the Wheat Ridge city website under Clerk or Elections. The date of the Primary
is June 26, and it will be an all-mail-in ballot.
ELEC TED OFFICIAL S ' MATTERS
Ms. Davi s requested to look at the final 381h Avenue plan at a study session . At the
town meeting for District I and II citizens had concerns about the bus pull-outs. She
would also like to see the data RTD provided about the bus stops and pullouts.
Moti on by Ms. Davis to review the final 381h Avenue Development Plan at a study
session --especially the RTD stops and some of the numbers that backed up the
decisions; seconded by Mr. Stites; carried 8-0
M r. Starker would like Council to settle two unresolved issues --the question of pre-
meetings, and the subject of roadside memorials . Mr. Goff said discussion of pre-
meetings is scheduled for June 4 . Concerning roadside memorials, Mr. Pond had sent
out an email about this and is happy to brief Council about it at a study session .
Mrs. Langworthy announced that Lutheran Hospital is having a safety fair this
weekend, Saturday, May 19 , including fun events, car seat checks, and bicycle checks .
M r. Stit e s encouraged folks to make sure their weeds get cut. It helps the looks of our
city and anything over 12 inched might get a notice from code enforcement.
Mrs. Jay announced an important meeting this Wednesday, 8 AM at the Rec Center.
The public is welcome to come and offer input as the Leadership Committee narrows
down the branding and marketing plan for West 381h Avenue .
City Council Minutes May 14 , 2012 Page 7
Mr. Reinhart distributed to Council two proposed changes to the CML Policy
Statement. One is a broad statement about education. The other is about the
allocation of public funds for public transportation . He asked Council to relate any
feedback they may have for him to take back to CML.
Mayor DiTullio reported that a letter was sent out from the City , including the
signatures of the R-1 superintendent and the Wheat Ridge High School principal, in
opposition to the 32 bus route being discontinued or shortened .
The Mayor also thanked the council members and other citizens who went to the
fund raiser last weekend for the Jefferson Center for Mental Health .
The Mayor said he has been approached by several area principals about the changing
demographics of the schools to where up to 80% of the students are on free and
reduced lunches. This affects test scores. The schools want to know what the city is
doing to address these issues . The Mayor has spoken with the City Manager and they
are setting up a meeting for principals to meet with city staff. The principals can share
information about issues at the schools , and staff can update them on what is
happening in Wheat Ridge and what programs we have. Enterprise Wheat Ridge will
be included . It will be during the day and Council will be invited .
The Mayor closed by relating that a lot of comments are coming in about all the new
construction in Wheat Ridge .
Meeting adjourned at 7:50 pm .
APPROVED BY CITY COUNCIL ON June 11 , 2012 BY A VOTE OF to ----
Mike Stites , Mayor pro tern
The preceding Minutes were prepared according to §47 of Robert's Rules of Order, i.e .
they contain a record of what was done at the meeting . not what was said by the
members. Recordings and DVD 's of the meetings are available for listening or viewing
in the City Clerk 's Office, as well as copies of Ordinances and Resolutions .
' ; ~ Ci~of '?Wheat~dge
ITEM NO:
DATE: June 11,2012
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 04-2012 -AN ORDINANCE AMENDING
SECTION 11-53(b) OF THE WHEAT RIDGE CODE OF LAWS
CONCERNING APPLICATION OF THE STATE LIQUOR
LAWS WITIDN THE CITY
~ PUBLIC HEARING
D BIDS/MOTI ONS
0 RESOLUTIONS
QUAS I-J UD IC IAL:
-:::"')'/
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(___ .,'' /
City Attorney
ISSUE:
D ORDINANCES FOR J 5TREADING (05/14/2012)
fZI ORDINANCES FOR 2ND READING (06/11 /2012)
0 YES
City Manager
The Colorado Liquor Code. C.R.S. § 12-47-10 I et seq., prevents local governments from
issui11g liquor licenses to establishments that are located within 500 feet of any public or
private school , university. college campus or seminary unless a local govenunent by
ordinance eliminates or reduces that distance requirement. In October 20 I 0 , the City
Council approved an ordinance. lifting the distance limitation only for Hotel and
Restaurant licenses.
Recently, the City Clerk's office has received inquiries for liquor licenses that are not of
the Hotel and Restaurant type for proposed businesses that are within 500 feet of schools.
Jf the default 500-foot limitation remains in effect, the City would be unable to issue
liquor licenses to these bus inesses.
PRJ OR ACTION:
In October 2010 City Council approved Council Bill 17-20 I 0 whjch dropped the 500-foot rule
for hotel & restaurant licenses only.
Council Action Fonn
June 11~ 2012
Page2
FINANCIAL 11\'IPACT :
There is no direct financial impact fTom this ordinance.
B ACK G ROUN D :
The provision of the Colorado Liquor Code at issue is C.R.S. § 12-47-313( I )(d) which states:
(I) No application for the issuance of any license specified in section 12-47-
309 (I) or 12 -46-1 07 (I) shaJ I be received or acted upon:
(d)( I) If the building in which the malt. vinous, or spirituous liquor is to be
sold is located within five hw1dred feet of any public or parochia l school or
the principa l campus of any co ll ege, university , or seminary; except this
provision shall not affect the renewal or reissuance of a l icense once granted
or apply to licensed premises located or to be located on land owned by a
municipality, or appJy to an existing licensed premises on land owned by
the state. or apply to a liquor license in effect and actively doing business
before said p1incipal campus was constructed, or apply to any club located
within the principal campus of any college, university. or seminary that
limits its membership to the faculty or statf of such ins titution;
(11) The distances referred to in s ubparagraph (I) of this paragraph (d) are to
be computed by direct measurement from the nearest property line of the
land used for school purposes to the nearest portion of the building in which
liquor is to be sold, using a route of direct pedestrian access.
(Ill) The local licensing authority of any city and county, by rule or
regulation. the governing body of any other municipality, by ordinance, and
the governing body of any other county, by resolution. may eliminate or
reduce the distance res trictions imposed by this paragraph (d) for any class
of license, or may eliminate one or more types of schools or campuses from
the application of any di s tance restriction establis hed by or purst1ant to thj s
paragraph (d).
(JV) In addition to the requirements of section 12-47-312 (2), the local
licensing authority shaJ I consider the evidence and make a s pecific finding
of fact as to whether the building in which the liquor is to be sold is located
within any distance restrictions established by or pursuant to this section.
This finding s hall be s ubject to judicial review pursuant to section 12-47-
802.
Pursuant to C.R.S. § 12-47-313(1)(d)(l), no liquor licensed premises ma y be located within 500
feet of a public or private school. universi ty, college campus or seminary. In the City, there are a
few redevel o pment location s that fall within 500 feet of a school. Thus, under C.R.S. § 12-47-
313(1)(d)(I). none of tho se locations could house a liquor licensed establishment with the
Council Action Fom1
June II. 2012
Page 3
exception of one wi th a hotel & restaurant license. As a reference, the following are a few of the
C ity's redevelopment locations that are impacted by this limitation and the nearest school:
Location School
38'" Avenue and High C'ourt Wheat Ridge Middle School
44u' Avenue and Wadsworth Boulevard Wilmore-Davis
441h Avenue and Kipling Street Pennington Elementary School
391h Avenue and Kipling Street Everett Middle School
However, pursuant to C.R .S . § 12-47-313(1)(d)(lll), the City Coun c il, by ordinance, may limit
the 500-foot r ule in C.R.S. § 12-47-313( I }(d)(l) as it applies to a ny class oflicense. any type of
school or some combinntion thereof. The City Council. by ordinance. may a lso modify lhe rule
by reducing the distance in it s application to a class of license or type of school.
At a study session in April. the City Council requested staff to draft an ordinance eliminating the
500-foot rule in C.R.S. § 12-47-313( 1 )(d){ I) including more classes oflicenses to allow
additional business opportw1ities in the City. Through the attached o rdinance. the City is on ly
seek ing to eliminate the 500-foot distance limitation as it applies to a ll beer and wine licenses.
brew pub licenses, arts li censes. and vintner's restaurant licenses that are licen sed premises
w ithin the City.
RECOMMENDATIONS:
City s taff recommends adoption of thi s ordinance.
RECOl\1l\1ENDED MOTION:
"l move to approve Council Bill No. 04-2012, an ordinance amending Secti o n ll-53(b) of the
Wheat Ridge Code of Laws concerning application of the state liquor laws. on second reading
and that it takes effect immediately."
Or.
''I move to table indefinitel y Council BilJ No. 04-2012, an onlinance amending Section ll-53(b)
o f the Wheat Ridge Code of Laws concerning application of the s tate liquor laws or the
following reason(s) "
REPORT PREPARED BY:
Gerald E. Dahl, City Attorney
Bruce Roome, Deputy City Clerk
ATTACHMENTS:
I . Council Bill No. 04-2012
CITY OF WHEAT RIDGE , COLORADO
INTRODUCED BY COUNCIL MEMBER POND
Council Bill No. 04
Ordinance No. ----
Series 2012
TITLE: AN ORDINANCE AMENDING SECTION 11-53(b) OF THE
WHEAT RIDGE CODE OF LAWS CONCERNING APPLICATION
OF THE STATE LIQUOR LAWS WITHIN THE CITY
WHEREAS, the City of Wheat Ridge ("City") is a home rule municipality having
all powers conferred by Article XX of the Colorado Constrtution ; and
WHEREAS, the City Council ("Council") has exercised these powers by the
adoption of Article Ill of Chapter 11 of the Wheat Ridge Code of Laws concerning
alcohol ic beverages: and
WHEREAS, pursuant to that article and the provisions i n the Colorado Liquor
Code, Section 12-47-101 et seq., C .R.S ., t he City issues licenses to businesses seeking
to sell malt, vinous, or spirituous liquors; and
WHEREAS, pursuant to Section 12-47-313(1 )(d )( I), C .R.S ., all c lasses of liquor
licensed prem ises with in the City must be at least "five hundred feet from any public or
parochial school or the principal campus of any college. un iversity, or seminary:" and
WHEREAS, pursuant to Section 12-47-313(1 )(d)(lll ), C .R.S ., Council is
authorized to reduce or eliminate that distance limitation for any and all classes of
licenses; and
WHEREAS, Council wishes to eliminate the five hundred foot distance
requirement in Section 12-47-313(1 )(d)(l), C .R.S., for all beer and wine licenses, brew
pub licenses, arts licenses, and vintne r's restaurant licenses that are licensed premises
within the City.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE crTY
OF WHEAT RIDGE, COLORADO:
Section 1. Section 11-53(b) of the Wheat Ridge Code of Laws is amended to read
as follows :
(b ) Notwithstanding the provi sions in subsection (a ) to the contrary. the distance
restrictions imposed by Section 12-47-313(1 )(d )( I), C .R.S ., proh i biting the sale of
malt, vinous or spirituous liquor with in five hundred (500) feet of any public or
parochial school or the principal c ampus of any college , university or seminary,
are eliminated for all hotel and restaurant licenses, BEER AND WINE
LICENSES, BREW PUB LICENSES, ARTS LICENSES , AND VINTNER'S
RESTAURANT LICENSES issued pursuant to this article.
Attachment 1
Section 2. Severability, Confl icting Ord inances Repea led . If any section .
subsection or clause of this Ord inance shall be deemed to be unconstitutional or
otherwise invalid , the va lidity of t he remaining sections, subsections and clauses s hall
not be affected the reby . All other ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repeated .
Section 3. Effective Date. T his Ordina nce sha ll take effect upon adoptio n and
signatu re of the Mayo r as provided by Sectio n 5.11 of the Charter.
INTRODUCED, READ , AND ADOPTED on fi rst reading by a vote of 8 to 0 on
this 14th day of May, 2012 , o rdered published in full in a newspaper of general
ci rculation in the City of Wheat Ridge , and Public Hea ring and consideration on fina l
passage set for Monday, June 11 , 2012 at 7:00 p .m ., in the Council Chambers , 7500
West 29th Avenue , Wheat Ridge, Colorado .
READ , ADOPTED AND ORDERED PUBLISHED on second and fina l reading by
a vote of _ to _, this day of , 20 12.
SIGN ED by the Mayor on th is __ day of _____ , 2012 .
ATTEST :
Janelle Shaver, City Clerk
First Publicat ion : May 17, 2012
Second Publication :
Wheat Ridge Transcript
Effecti ve Date :
Jerry DiTullio , Ma yor
Approved as to Form
Gerald E. Dahl , City Attorney
.. ~
"' . r Cily of !P' WlieatRi_dge
TTEMNO:~
DATE: June II , 2012
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 06-2012 -AN ORDINANCE AMENDING
THE WHEAT RIDGE CODE OF LAWS, CHAPTER 2, SECTION
2-53 (b) REGARDING MEMBERSHIP OF BOARDS AND
COMMISSIONS AND SECTION 2-53 (f) CONCERNING THE
ADMINISTERING OF OATHS TO BOARD AND COMMISSION
MEMBERS
~ PUBLIC HEARING
D BIDS/MOTIONS
0 RESOLUTIONS
QUASI-JUDICIAL:
;J 7
/
(__,•' /
City Attorney
ISSUE:
0 ORDINANCES FOR I 51 READING (5/14/20 12)
cg) ORDINANCES FOR 2ND READING {6111 /2012)
D YES
City Code Sec. 2-53 (b) provides that each City board or commission shall have e ight (8)
members: however. the Council has previously determined that some boards or commission
function properly with a lesser number of m ember s. Code Sec. 2-53(f) provides that oaths of
office for appointed board and commission members shall be administered by the Mayor at a
regular meeting of the Council. This approach does not provide for flexibility in the
administration of oaths. The attached ordinance: (I) amends Code Sec. 2-53(b) to reflect the
Council's right to provide for a board of commission with less o r more than 8 members, and (2)
amends Code Sec. 2-53(f) to permit the Mayor or hjs designee to administer oaths either at a
regular Council meeting or in the office of the C ity Clerk.
PRIOR ACTION:
At its study session on April 16111, Council directed staff to draft this ordinance.
Council Action Fonn
June II, 2012
Page2
FINANCIAL IMPACT:
There is no direct financial impact from this ordinance.
BACKGROUND:
Currently, Code Sec. 2-53 (b) provides that eacb Ci ty board or commission shall have e igbt (8)
members: however, recently, the Council determined that the Building Code Advisory Board
would function properly wi th on ly five (5) members. The proposed ame ndm ent recognizes that
Counci l may designate a different number by ordinance. With this change, a sl ight modification
is also needed to clarify what number of members constitutes a quorum. Presently, subsection
(b) sta tes that five (5) members shall constitute a quorum . This is coiTec t for all eight-member
(8-member) boards or commissions, but would not be accurate for boards or commissions with a
lesser number of members. (For example. a seven-member [7-member] board would only require
lhe presence of four [4) members to establish a quorum).
Code Sec. 2-53 (f) provides tbat the Mayor shaJI administer the oath of office for all appointed
board and commission members at a regular meeting of the Counci l. This practice bas not been
unifonnly fo ll owed in the past, and it would be burdensome to require board and commission
members to attend an ex tra meeting simply for the purpose of being sworn in to office. TI1e
ord inance revises this s ub section (f) to provide for the flexibility that the Mayor or his designee
may administer oaths and that thi s action can be taken either at a regularly scheduled Council
meeting or in the office of the City Clerk .
RECOMMENDATIONS :
City staff recommends adoption ofthis ordinance.
RECOMMENDED MOTION:
"J move to approve Council Bill No. 06-2012, an ordinance amend in g the Wheat Rid ge Code of
Laws regarding membership of boards and commissions and the administerin g of oaths to those
members, on second reading and that it will take effect 15 days after fina l publication."
Or.
"I move to table indefinitely Council Bill No. 06-2012, an ordinance amending the Wheat Ridge
Code of Laws regarding membership ofboards and commissions and the administering of oaths
Lo those members, for the following reason(s) "
REPORT PREPARED BY:
Geral d E. Dahl , City Attorney
Bruce Roome. Deputy City Clerk
ATTACHMENTS:
1. Council Bill No. 06-2012
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER STITES
Council Bill No. 06
Ordinance No. ___ _
Series 2012
TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS,
CHAPTER 2, SECTION 2-53 (b) REGARDING MEMBERSHIP OF
BOARDS AND COMMISSIONS AND SECTION 2-53 (f)
CONCERNING THE ADMINISTERING OF OATHS TO BOARD AND
COMMISSION MEMBERS
WHEREAS , the City of Wheat Ridge is a home rule municipality having all
powers conferred by Article XX of the Colorado Const itution; and
WHEREAS, the Council has previously exercised these powers by the adoption
of Chapter 2 , Article Ill of the Wheat Ridge Code of Laws ("Code") concerning City
boards and commissions; and
WHEREAS , Code Sec. 2-53 (b) specifically provides that there shall be eight (8 )
regular members on all City boards and commission; and
WHEREAS, the Council has determined that particular boards or commissions
may function properly with less than eight (8) members; and
WHEREAS , Code Sec. 2-53 (f) specifically p rovides that upon appointment to a
Ci ty board or commission, the appointee shall take an oath of office administered by the
Mayor at a regularly scheduled Council meeting ; and
WHEREAS, to provide for greater flexibility , the Council has determined that it is
beneficia l for the Mayor or his designee to be permitted to give such oaths either at a
regularly schedu led Council meeting or in the office of the City Clerk.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Code Sec. 2-53 (b) is hereby amended as follows :
All boards and commissions shall co ns ist of eight (8) regu lar members,
UNLESS A DIFFERENT NUMBER IS PROVI DED BY ORDINANCE, to be
appointed by a majority vote of the members of the city cou nc il. Regular
members of all boards and commissions shall have equal voting strength
of their respective board or commission , and shall be authorized to attend ,
participate in . and vote at their respective board o r commission meetings.
The attendance of A MAJORITY OF THE MEMBERS OF THE BOARD
OR COMMISSION five (5) regular members shall constitute a quorum 9f
FOR the transaction of business at each meeting of such boards and
Attachment 1
commissions , and , except as provided herein in subsection (d ), the
affirmative vote of a simple majority OF THE M EMBERS PRESENT shall
be required to adopt any motion or make o r ratify any decision of the
boa r d or commission .
Section 2. Code Sec. 2-53 {f) is hereby amended as follows :
Upon appointment to a city board or commission , the member shall be
provided a packet of materials prepared by the department which works
with that board or commission , to enable the member to better carry out his
function and duties. The materials shall include , without limitation , copies
of the rules or bylaws of the board or commission . all relevant ordinances
and/or charter provisio ns, and any ot her mater ia ls deemed re leva nt by staff
or city council. Upon assuming his place as a member of a board or
commission, each member shall take an oath , administered by the mayor
OR HIS DESIGN EE at a regularly scheduled council meeting OR IN THE
OFFICE OF THE CITY CLE RK . thereby swearing or affirming to uphold the
Constitution of the United States and the state , and the charter and
o rdinances of the city.
Section 3. Severability, Conflicting Ordinances Repealed. If any section .
subsectio n or clause of this Ordinance shall be deemed to be unconstitutio nal or
otherwise invalid. the validity of the remaining sections, subsections and clauses shall
not be affected thereby . All other ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed .
Section 4. Effective Date. This Ordinance shall take effect fifteen (15 ) days after
final publication , as provided by Sect1on 5.11 of the Charter.
INTRODUCED, READ , AND ADOPTED on first reading by a vote of 8 to 0 on
this 14th day of May , 2012 , o rdered published in f ull in a newspaper of general
circu lation in the City of Wheat Ridge , and Public Hea ring and consideration on final
passage set for June 11. 2012 at 7:00 p .m ., in the Council Chambers , 7500 West 291h
Avenue , Wheat Ridge , Colorado .
READ , ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of to _, this day of , 2012 .
SIGNED by the Mayor o n this __ day of _____ , 2012 .
Jerry DiTullio, Mayor
ATIEST:
Janelle Shaver, City Clerk
First Publication: May 17 , 2012
Second Publication :
Wheat Ridge Transcript
Effective Date:
Approved as to Form
Gerald E. Dahl, City Attorney
. ~.
• • • City of p-W hcatRLdge
ITEM NO: --.:1._
DATE: June 11 ,2012
REQ UE ST FOR C ITY C O UNC IL ACTION
TITLE: COUNCIL BILL NO. 07-2012 AN ORDINANCE
APPROVING THE REZONING OF PROPE RTY LOCAT ED
AT 5060 WARD ROAD FROM PLANN ED INDUSTRIAL
DEV ELOPMENT (PID) AND LIGHT IND USTRIAL (I) TO
MIXED USE -COMMERC IAL TRANSIT ORIENTED
DEVE LOPE NT (MU-C TOD) ZO NE DISTRICT (CASE NO.
WZ-12-02/IBC HOLDINGS)
0 PUBLIC HEARING
D BIDS/MOTIONS
0 RESOLUT IONS
[g) ORDINANCES FOR I sr READING (06111 /2012)
0 ORDINANCES FOR 2 N° READING(07 /09/2012)
[g) YES
.IS S UE :
In September of 2010, Ci ty Council adopted new mixed use zone districts which are intended to
create a streamlined development review process, a ll owing higher density, mixed use
development and with a range of land uses. incl uding residential.
The applicant requests approval of a zone change from Planned Industrial Development and
Light Industrial to Mixed Use -Commercial TOO for property located at 5060 Ward Road .
The zone change is the first step of the process for approval for redevelopment of this site with
mixed use zoning. Pursuant to the Mixed Use Zone districts, sites over I 0 acres in size must
complete a concept plan . The concept plan, which is app roved administratively, is a general plan
for development that designates proposed ci rculation concepts, proposed building pads and
preliminary land use concepts. A neighborhood meeting would be requi red prior to application
C a~e No. W 7-11-02/IBC Ho ldmgs
Council Action Form
June II. 2012
Page 2
for the concept plan approval process. If approved and prior to construction of any new
structures, a si te development plan will be required meeting the standards in the mixed use zone.
PRIOR ACTION:
Planning Commission reviewed this request and recommended approval at a public hearing held
on May 3, 2012. A motion was made for approval for the following reasons:
1. The property is currently underutilized.
2. Construction of the Gold Line commuter rail station will dramatically change the
development potential of this property.
3. The rezoning request is consistent with the Northwest Subarea Plan, the 1-70/Kipling Urban
Ren ewal Plan and Envision Wheat Ridge.
4. The evaluation criteria support approval of this request.
There were no recommended conditi ons of approval.
FINANCIAL IMPACT:
One-time fees for t11e z one change were submitted for the application in the amount of $2400. If
the p roperty is redeveloped~ there could be an advancement of the City's goals for economic
development and the creation of a diverse and resilient tax base.
BACKGROUND:
The property is located at 5060 Ward Road. The parcels t11at comprise the subject property
include those that are zoned Planned industrial Development (PlD) and are part of the J olly
Rancher Inc. PID. The home of ilie former Jolly Rancher candy factory is approximately 10.4
acres in size and was in production until 2002. The only use permitted under the PlD is candy
manufacturing with ancillary functions. Today, the property is largely vacant. A 21,000 square
foot manufacturing warehouse remains in the middle of the property along with several smaller
structures on fue eastern portion. included with iliis zone change request is another 4-acre parcel
immediately to the north, which is currently vacant, zoned Light fndu strial (l). and has frontage
on W. 52"d A venue.
Surrounding the subject property are a variety of land uses. immediately to the east is a parcel
zoned Light Lndustrial (I) that is currently an RV and boat storage lot. Further to the east is a
residentially zoned Alpaca ranch and a residential neighborhood zoned R-2. To the north and
south are industrially-zoned parcels, including the Wheat Ridge lndustrial Center PID. The
subject property is adjacent to fue City boundary; north ofW. 52"d Avenue is ilie City of Arvada.
and across Ward Road to the west and northwest is unincorporated Jefferson County.
ln 2005, the applicant submitted a request for approval of a zone change from PrD and I to
Planned Mixed Use District (PMUD). The request included a 17 parcel subdivision in addition
to an ODP and FDP. The intent of t11e application was to allow the development of
office/warehouse flex space in the first phase. The intent of s ubsequent phases of construction
was not defined but would have allowed gen eral commercial and industrial uses and some
Council Action Fonn
June 11 ,20 12
Page 3
residential. The zone change application was den1ed by City Council on November 14, 2005 .
One justification for denial is that the plan did not embrace the concept of transit-oriented
development supportive of the future RTD Commuter rail station stop.
G ujdin g documents
The Neighborhood Revitalization Strategy (NRS) was adopted by the City as a policy docwnent
in 2005. The NRS established goals for Wheat Ridge to be competitive \.vtth adjacent
jurisdictions by upgrading housing stock, developing employment areas and targeting
underutilized c01mnercial properties for redevelopment. One of the recommendations of the
NRS was fo r the City to undertake subarea planning to focus on unique opportunities and
challenges for redevelopment of certain areas.
In 2006, the City adopted the Northwest Subarea Plan which was focused on a mixed use
development in support of the Gold Line end of line stop, transitioning to ex1sting suburban
development to the north and east. [t encourages a grid of north-south and east-west internal
streets with pedestrian amenities.
In August of 2009, a new urban renewal plan area was adopted by City Council. The urban
renewal plan area includes properties along the 1-70 corridor extending north to the northern city
limit line, including this parcel. Tlus property is designated "employment", adjacent to
"employment!fOD mixed use" on the urban renewal concept plan.
In 2009, a ballot initiative was approved by voters in a City election for removal of the charter
height and density restrictions for most oftbe urban renewal areas in the City.
Envision Wheat Ridge, the comprehensive plan, was adopted in October 2009, The property is
shown as being a mixed-use employment center close to tbe Ciry's TOO site. The intent of the
employmen t/commercial center is to build on existing industrial areas in the city with proximity
to the TOD site. Desired uses in this area should include commerci.al and retail services and
multi-family housing.
The application has been through a standard City and outside agency referral process.
Upgrades will be required at the expense of the developer upon future redevelopment of
the property.
The Planning Commission staff report and minutes will be attached at the time of second
reading for additional background on this application.
RECOMMEN D ED MO T rON:
"I move to approve Council Bill No. 07-2 01 2, an ordinance approving the rezoning of
property located at 5060 Ward Road from P lanned Industrial Development (PID) and
Light Industrial (I) to Mixed Use-Commercial Transit Oriented Development (MU-C
TOD) zone district on first reading, order it published , public hearing set for Monday,
Council Action Fonn
June II. 20 12
Page4
July 9, 2012 at 7:00 p.m. in City Council Chambers, an d that il take effect 15 days after
fina l publication".
Or,
''T move to deny Council Bill No . 07-2012 , an o rdi nance approv1ng the rezoning of
propeny located at 5060 Ward Road from Planned lndustrial Development (P TD) and
Light In d ustrial (I) to Mixed Use-Commercial Transit Oriented Development (MU -C
TOO ) zone district for the following reason{s) "
REPORT PREPARED BYj
Meredi th Reckert. Senior Planner
Kenneth Johnstone. Community Development Director
ATTACHMENT S~
I . Cou nc il Bill No. 0 7-2012
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER. ______ _
TITLE :
COUNCIL BILL NO . 07
ORDINANCE NO.----
Series of 2012
AN ORDINANCE APPROVING THE REZONING OF
PROPERTY LOCATED AT 5060 WARD ROAD FROM
PLANNED INDUSTRIAL DEVELOPMENT (PID) AND LIGHT
INDUSTRIAL (I) TO MIXED USE -COMMERCIAL TRANSIT
ORIENTED DEVELOPMENT (MU·C TOO) ZONE DISTRICT
(CASE NO . WZ-12-02/IBC)
WHEREAS, t he City of W heat Ri dge is trying to encourage m ixed use zo ning
and develop ment; an d
WHEREAS, the zo ning and development code was recentl y modified to add four
new mixed use zoning districts; and,
WHEREAS , Brian Mott on behalf IBC Holdings has submitted a zone change
application to Mixed Use-Commercial TOO for property located at 5060 Ward Road;
and,
WHEREAS, the City of Wheat Ridge P lanning Commission held a public hea r ing
on May 3. 2012 and voted to recommend approval of a rezoning of the property to
Mixed-Use Commercial TOO.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE , COLORADO THAT:
Section 1. Upon application by Bri an Mo tt fo r IBC Ho ldi ngs, LL C, approva l of
a zo ne cha nge ordina nce for property locat ed at 5060 Ward Road f rom Pl anned
Ind ustr ia l Deve lopme nt (PID ) and Light Indust rial (I) to Mixed Use-Co mmercia l
T ransit O rie nted Developme nt (M U-C T O O), and pursuant to the f indings made
based on testimony and evidence presented at a public hearing before the
Wheat Ridge City Counci l, the followi ng zone change is approved for the
following described parcel.
PARCEL A:
The South 17 feet of the West 251 feet of Lot 13, Standley Heights,
and the West 518 .12 feet of Lot 17, Standley Heights Except the South 25 feet
thereof.
Except any portion thereof falling within Ward Road , County of Jefferson , State of
Colorado.
PARCEL B :
That portion of Lot 13 ,
Standley Heights. described as follows :
Attachment 1
Beginning at a point on the South line of Lot 13. Standley Heights, from which the
Southwest comer of said
Lot 13 bears South 89 °11 .9' West a distance of 251 .02 feet ,
Thence North 89°11 .9' East along the South line of said Lot 13 , a distance of
257.10 feet to a point 537 .97
feet East of the West line of the Southeast quarter of Section 17, Township 3
South , Range 69 West of the
6th Principal Meridian :
Thence North 0 °04 .2' West parallel w1th the West line of the Southeast quarter of
said Section 17. a distance of 17.0 feet;
Thence South 89 °11 .9' West a distance of 257 .10 feet;
Thence South 0°004 .2' East a distance of 17.0 feet to the Point of Beginning ,
County of Jefferson, State of Colorado .
PARCEL C :
A tract of land located in Lot 17 ,
Standley Heights .
a Subdivision recorded 1n the Official Records of Jefferson County, Colorado.
described as follows :
Beginning at the Southwest comer of said Lot 17
Thence North 0 °04.2' West along the West line of said Lot 17 a distance of 25 .00
feet to a point on the North line of West 50th Place as conveyed to Jefferson
County by instruments recorded in Book 987 at Pages 407 and 409 of said
Official Records;
Thence North 88°59 .0' East along the North line of West 50th Place as recorded
in said Book 987 at Pages
407 and 409 a distance of 750.12 feet to the True Point of Beginning ;
Thence North 88°59 .0' East along the North line of west 50th Place as recorded
In said Book 987 at Pages
407 and 409 a distance of 286.12 feet to the Northeast corner of West 50th Place
as recorded in said Book
987 at Pages 407 and 409:
Thence North 0°03 .6' West along the East line of said Lot 17 a distance of
215 .60 feet ;
Thence South 88'59 .0' West parallel to the South line of said Lot 17 a distance of
232.87 feet ; Thence North
0'03 .6' West parallel to the East line of said Lot 17 a distance of 0 .80 feet ;
Thence South 88°'59 .0' West
parallel to the South line of said Lot 17 a distance of 43.00 feet ; Thence South
0°03.6' East parallel to the
East line of said Lot 17 a distance of 0 .80 feet ; Thence South 88°'59 .0' West
parallel to the South line of said
Lot 17 a distance of 10.24 feet to a point, said point being North 0°03.6' West
parallel to the East line of Lot
17 a distance of 215.60 feet from a point on the North hne of West 50th Place as
recorded in said Book 987
at Pages 407 and 409 ;
2
Thence South 88°59.0' West parallel to the South line of said Lot 17 a distance
of 60.46 feet;
Thence South 0 °03.6' East parallel to the East line of said Lot 17 a distance of
21 .14 feet; Thence South
88 °59.0. West parallel to the South line of said Lot 17 a distance of 97.05 feet ;
Thence North 0°03.6' West
parallel to the East line of said Lot 17 a distance of 195.06 feet to
a point on the North line of said Lot 17:
Thence South 89°11 .9' West along the North line of sa1d Lot 17, a distance of
74 .50 feet to a point 518 .12
feet East of the West line of said Lot 17. said 518 .12 feet being a distance
measured at right angles to the
west line of said Lot 17 ;
Thence South 00°04.2' East parallel to the West line of said Lot 17 a distance of
389 .80 feet to a point on the North line of West 50th Place as recorded in said
Book 987 at Pages 407 and 409;
Thence North 88°59 .0' East along the North line of West 50th Place as recorded
in said Book 987 at Pages
407 and 409 a distance of 231 .93 to the True Point of Beginning.
PARCEL D:
A parcel of land situated in the West One-Half of Lot 13, Standley Heights, being
located in the Southeast
One-Quarter of Section 17, Township 3 South , Range 69 West of the 6th P.M.,
being more particularly
described as follows:
Commencing at the center of said Section 17 I
Thence South 00°18'19" East along the West line of said Southeast one-quarter
of Section 17 I the basis of
bearing . a distance of 30.00 feet;
Thence North 89°11 '27" East and parallel to the North line of the Southeast one-
quarter of said Section 17 a distance of 30 .00 feet to the Northwest corner of said
Lot 13;
Thence continuing North 89°11 '27" East and along the North line of said Lot 13
a distance of 518.12 feet to
the Northeast corner of the West one-half of said Lot 13 and the Point of
Beginning;
Thence South 89°11 127" West along the North line of said Lot 13 a distance of
348.12 feet to a point 170.00
feet East of the Northwest corner of said Lot 13;
Thence South 00°18119" East parallel to the West line of said Lot 13 to a point
150.00 feet South of the North line of said Lot 13;
Thence South 89°11 1 27" West parallel to the North line of said Lot 13 a distance
of 170.00 feet to a point on
the went line of said Lot 13 and 150.00 feet South of the Northwest corner of said
Lot 13;
Thence South 00°18'19' East along the West line of said Lot 13 a distance of
250.02 feet to the Northwest
3
comer of a parcel described in Book 1862 at Page 375 of the Clerk and
Recorder's Office of Jefferson
County, said corner being 17.00 feet North of the Southwest corner of said
Lot 13;
Thence North 89 °11'47' East along the North line of said parcel described rn
Book 1862 at Page 375 and
parallel with the South line of said Lot 13 a distance of 250 .00 feet to the
Northeast corner of said parcel
described in Book 1862 at Page 375 ;
Thence North 89°11 '47' East parallel with the South line of said Lot 13 a
distance of 0.02 feet to the
Northwest corner of a parcel described at Reception No . 82047968:
Thence North 89°11'47" East along the North line of said parcel described at
Reception Number 8204 7968
a distance of 256.95 feet to a point 17.00 feet North of the South line of said Lot
13, Thence South 00°18'19'
East parallel to the West line of said Lot 13 a distance of 17 0 feet to the South
line of said Lot 13 and the
Southeast corner of said parcel described at Reception Number 82047968 sard
corner being 537 .97 feet
East of the West lrne of the Southeast ore-quarter;
Thence North 89 °11 '47" East along the South line of said Lot 13 a distance of
10.16 feet to the Southwest
corner of the West One-half of Lot 13:
Thence North 00 °18'24" West along the East line of the West one-half of Lot 13 a
distance of 417 .07 feet to
the Point of Beginning .
County of Jefferson, State of Colorado.
PARCEL E:
Beginning at the Southwest comer of Lot 17, Standley Heights ,
Thence North 0°04.2' West along the West line of said Lot 17 a distance of 25 .00
feet to a point on the North
line of West 50th Place as conveyed to Jefferson County by instruments
recorded in Book 987 at Pages 407 and 409 of said official records ,
Thence North 88°59 .0' East along the North line of West 50th Place as recorded
in Book 987 at Pages 407
and 409 a distance of 750 .12 feet;
Thence North 0°03.6' West parallel to the East line of said Lot 17 a distance of
215.60 feet to the True Point
of Beginning;
Thence South 88 °59 .0' West parallel to the South line of said Lot 17 a distance
of 60 .46 feet; Thence South
0°03.6' East parallel to the East line of said Lot 17 a distance of 21 .14 feet ;
Thence South 88°59 .0' West
parallel to the South line of said Lot 17 a distance of 97.05 feet; Thence North
0°03 .6' West parallel to the
East line of said Lot 17 a distance of 195.06 feet to a point on the North line of
said Lot 17 ;
4
Thence North 89°11 .9' East along the North line of said Lot 17 a distance of
443.59 feet to the Northeast
comer of satd Lot 17;
Thence South 0°03.6' East along the East line of said Lot 17 a distance of 5.27
feet to a non-tangent point
on a curve , said point being a point of curvature;
Thence Southeasterly along a curve to the right. whose central angle is 6r00.3',
whose radius is 270 . 54
feet , and whose chord bears South 5r01 9' East a distance of 298.66 feet to a
point 240.60 feet North of the extended South line of said Lot 17 ;
Thence South 88 °59 .0' West parallel to the South line of said Lot 17 a distance
of 200.44 feet to a point
50.00 feet East of the Seat line of said Lot 17; Thence South 0 °03.6' East parallel
to the East line of said Lot
17 a distance of 215 .60 feet to a point on the extended North line of West 50th
Place as recorded in said
Book 987 at Pages 407 and 409 ; Thence South 88 °59 .0' West along the
extended North line of West 59th
Place as recorded in Book 987 at Pages 407 and 409 a distance of 50.00 feet to
the Northeast comer of
West 50th Place as recorded in Book 987 at Pages 407 and 409; Thence North
0 °03.6' West along the East
line of said Lot 17 a distance of 215.60 feet; Thence South 88 °59 .0' West parallel
to the South line of said
Lot 17 a distance of 232.87 feet; Thence North 0 °03 6' West parallel to the East
line of said Lot 17 a distance of 0 .80 feet: Thence South 88 °59 .0' West parallel to
the South line of said Lot 17 a distance of 43.00 feet;
Thence South 0 °03.6' East parallel to the East line of satd Lot 17 a distance of
0 .80 feet; Thence South
88 °59 .0' West parallel to the South line of said Lot 17 a distance of 10.24 feet to
the True Point of Beginning .
County of Jefferson , State of Colorado .
Section 2. Vested Property Riahts . Approval of this zone change does not
create a vested property right. Vested property rights may only arise and accrue
pursuant to the provisions of Section 26-121 of the Code of Laws of the City of
Wheat Ridge .
Section 3. Safety Clause. The City of Wheat Ridge hereby finds , determines,
and declares that this o rdinance is promulgated under the general police power
of the City of Wheat Ridge, that it is promulgated for the hea lth, safety, and
welfare of the public and that this ordinance is necessary for the preservation of
health and safety and for the protection of public convenience and welfare. The
City Council further determines that the ordinance bears a rational relation to the
proper legislative object sought to be attained.
Section 4. Severability. If any clause, sentence, paragraph, or part of this
Zoning Code or the application thereof to any person or circumstances shall for
5
any reason be adjusted by a court of competent jurisdiction invalid , such
j ud gment shall not affect application to other persons or circumstances.
Section 5. Supersession Clause. If any provision , requirements or standard
established by this Ordinance is found to conflict with similar provisions .
requirements or standards found elsewhere in the Code of Laws of the City of
Wheat Ridge , whic h are in existence as of the date of adoption of this O rdinance,
the provisions, requirements and standa rd s here shall supersede and prevail.
Section 6 . This Ordinance shall take effect 15 days after final publication.
INTRODUCED , READ , AND ADOPTED on first reading by a vote of to
___ on this 11th day of June , 2012, ordered published i n full in a newspaper of
gen eral circu lation in the Ci ty of Wheat Ridge and Public Hearing and consideration on
final passage set for July 9 , 2012 , at 7:00 o 'clock p.m .. in the Council Chambers, 7500
West 29th Avenue , Wheat R idge, Colorado .
READ , ADOPTED AND ORDERED PUBLISHED on second and final read i ng b y
a vote of to , this 9th day of July, 2012 .
SIGNED by the Mayor on this ___ day of ________ , 2012.
ATIEST:
Janelle Shaver. City Clerk
1 s t publication :
2nd publication:
Wheat R idge Transcript
Effective Date:
Jerry DiTull io , Mayor
Approved as to form by City Attorney
Gerald Dahl , City Attorney
6
.. " ~
-.. l.tly or
;?WheatRi_dge
ITEM NO: __:h_
DATE: June I I , 2012
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 08-2012 AN ORDINANCE
APPROVING THE REZONING OF PROPERTY LOCATED
AT 4695 WADSWORTH BLVD. FROM RESIDENTIAL-TWO
(R-2) TO MIXED USE -NEIGHBORHOOD (MU-N) ZONE
DISTRICT (CASE NO. WZ-12-03/PATRJCK NICHOLS &
ASSOCIATES)
0 PUBLI C HEARING
D BID S/MOTIONS
0 RESOLUTIONS
ISSUE:
~ ORDINANCES FO R lsT R EAD ING (06 /1112012)
0 ORDINANCES FOR 2N° READING(0?/09120 12)
D NO
'~ r C ity Manager
In September of 20 I 0, C ity Council adopted new mixed use zone districts which are intended to
create a stream lin ed development review process. allowing higher density, mixed use
development and with a range of land uses, including residential.
The applican t requests approval of a zone c hange from Residential -Two (R-2) t o Mixed Use-
Neighborhood (MU-N) for property located at 4695 Wadsworth Blvd .
The zone chan ge is the first step of t he process for a pproval of reuse of thi s site with mixed use
zoning. If approved and prior to construction of any new structures. a s ite development will be
required meeting the standards in the mixed use zone.
PRJOR ACTION:
Planning Commission reviewed thi s request and recommended approval at a pubJic heanng held
on May 17, 2012. A moti on was made for approva l for the following reasons:
Cw:e No. WZ-11-03 Patnck Ntchols
Council Action Fom1
June II, 2011
Pagc2
I . The property is not desirable for low density residential use due to adJacency of
Wadsworth Blvd .
2. The proposed zone change and reuse of the existmg structure will provide a land usc
transition between Wadsworth and the neighborhood to the west.
3. The evaluation criteria support approval of this request.
4. The property is currently underutilized.
There were no recommended conditions of approvaJ.
Five comment letters were submitted regarding this request. They will be included in the packet
for City Council second reading.
FINANCIAL IMPACT:
One-time fees for the zone change were submitted for the application in the amount of$600. If
the property is redeveloped. there could be an advancement of the City's goals tor economic
development and the creation of a diverse and resilient tax base.
BACKGROUND:
The property is located at the southwest comer ofW. 47lh Avenue and Wadsworth Boulevard
and is zoned Residential-Two (R-2) which allows primarily one and two-family dweJJings based
on lot s1zc and width.
The subject parcel is 12.482 square feet (0.29 acres). The property has on it a rwo-story
residence originally built in 1947. Access to the lot previously came from Wadsworth, but this
access is inaccessible by a s plit rail fence installed in 2005. An unimproved driveway serves the
property from W. 471h Avenue. The remainder of the lot consists of turf with a few mature trees
on the western and southern s 1des of the lot.
The existing home is in a state of disrepair and has a history of noncompliance in relation to
building codes, nuisance codes, and permit requirements.
The applicants currently own and operate the business Modmood and Retro Consignment located
at 7700 W. 44lh Avenue 10 Wheat Ridge. They specialize in mid-century modem design
furnishings and decor. Among the services they offer is a design center for commercial and
residentia l customers. The applicants are seeking to expand the design center and showroom
components of the business into the subject structure and property. The architecture of the
existing home is mid-century modem, which complements the Modmood aesthetic. The
applicants intend to preserve the home's historic and architectural value.
Wadsworth Boulevard is a major, regional commercial corridor that can carry an estimated
50.000 cars per day. The surrounding properties include a variety of land uses and zoning
designations that reflect the residential roots and commercial transitions within the area To the
north and west are properties zoned R-2 that primarily include s ingle family dwellings.
Immediately to the south is a parcel zoned Residential-Three (R-3) that includes a single family
Council Action Fom1
J unc I I. 20 11
Page 3
dwelling. Further to the south are parcels zoned Restricted Commercial (RC) and Neighborhood
Commercial (NC) with uses being the Arapahoe House and an office building. Across
Wadsworth to the west are residential and commercial properties zoned R-2 and RC .
It is questionable whether this property is desirable for residential use given the noise and traffic
impacts generated by Wadsworth. The proposed MU-N zoning will provide a land use transition
bet\:veen Wadsworth and the low densily residential ne1ghborhood to the west.
Guiding documents
The Neighborhood Revitalization Strategy was adopted by the City as a policy document in
2005. This document identified strategies for the city to become a "community of choice''. 1t
established goals for Wheat Ridge to be competitive with adjacent jurisdictions by upgrading
housing stock. targeting underutilized commercial properties for redevelopment, redevelopment
of the Wadsworth Corridor and adoption of s ubarea plans.
The Wadsworth Corridor Subarea Plan was adopted as an addendum to the Comprehensive Plan
in 2007. It is intended to be used as both a s hort-tenn and long-tenn planning document by
providing guidance for the future development and redevelopment of properties along
Wadsworth. TI1e property is shown as Commercial on the Recommended Land Uses Map in the
subarea plan.
Envision Wheat Ridge, the comprehensive plan , was adopted in October 2009, The property 1s
shown as being a Neighborhood Buffer on the edge of Commercial Corrido r. The intent of the
Neighborhood Buffer designation is for buffering and trans ition between low intensity residential
areas and higher intensity commercial corridors such as Wadsworth.
The application has been through a standard City and outside agency referraJ process.
Upgrades wiU be required at the expense of the developer upon future redevelopment of
the property.
The Planning Commission staff report and minutes will be attached at the time of second
reading for additional background on this application.
RECOMMENDED MOTlON:
''1 move to approve Council Bill No. 08-2012, an ordinance approv ing the rezoning of
property located at 4695 Wadsworth Blvd . from Residential-Two (R-2) to Mixed Use -
Neighborhood (MU-N) zone district on first reading, order it published, public hearing
set for Monday, July 9, 2012 at 7:00 p.m. in City Council Chambers, and that it take
effect 15 days after final publication ."
Or,
··1 move to deny Council Bill No. 08-2012, an ordinance approving the rezomng of
propeny located al4695 Wadsworth Bl vd. from Residential-Two (R-2) to Mixed Use -
(\lUfl~tl ·\ct inn Fn m1
June I I. 2012
P.tg.c 4
'\ctghborhood (~L-'\) Lone district for the following rcason(s):
REPORT PREPARED BY;
Mcrcd tth Rcckc n , Scmor Planner
Kenneth Johnstone. Community De\elopment Dtrcctor
ATTAC II MENTS:
I . Cou nci l B i ll No 08-20 12
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER. ______ _
COUNCIL BILL NO . 08
ORDINANCE NO .----
Series of 2012
TITLE: AN ORDINANCE APPROVING THE REZONING OF
PROPERTY LOCATED AT 4695 WADSWORTH BLVD.
FROM RESIDENTIAL· TWO {R-2) TO MIXED USE -
NEIGHBORHOOD (MU·N) ZONE DISTRICT (CASE NO. WZ·
12-03/PATRICK NICHOLS & ASSOCIATES)
WHEREAS, the City of Wheat Ridge is trying to encourage mixed use zoning
and development; and
WHEREAS, the zoning and development code was modified to add four new
m ixed use zoning d istricts; and ,
WHEREAS, Patrick Gooch on behalf of Patrick Nichols & Associates has
submitted a zone change application to Mixed Use-Neighborhood for property located at
4695 Wadsworth Blvd .; and .
WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing
on May 17. 2012 and voted to recommend approval of a rezoning of the property to
Mixed-Use Neighborhood .
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE , COLORADO THAT:
Section 1. Upon application by Patrick Gooch for Patrick N ichols &
Associates , approval of a zone change ordinance for property located at 4695
Wadsworth Blvd . from Residential-Two (R-2) to Mixed Use -Neighborhood (MU-
N), and pursuant to the findings made based on testimony and evidence
presented at a public hearing before the Wheat Ridge City Council, the following
zone change is approved for the following described parcel :
LOT 29 , HILLCREST HEIGHTS SUBDIVISION , CITY OF WHEAT RIDGE ,
COUNTY OF JEFFERSON, STATE OF COLORADO.
Section 2. Vested Prooertv Riohts . Approval of this zone change does not
create a vested property right. Vested property rights may only arise and accrue
pursuant to the provisions of Section 26-121 of the Code of Laws of the City of
Wheat Ridge .
Section 3. Safetv Clause. The City of Wheat Ridge hereby finds , determines,
and declares that this ordinance is promulgated under the general police power
of the City of Wheat Ridge, that it is promulgated for the health , safety, and
welfare of the public and that this ordinance is necessary for the preservation of
health and safety and for the protection of public convenience and welfare. The
Attachment 1
City Council further determines that the ordinance bears a rational relation to the
proper leg islative object sought to be attained .
Section 4. Severability. If any clause, sentence, paragraph , or part of this
Zoning Code or the application thereof to any person or circumstances shall for
any reason be adjusted by a court of competent jurisd i ction inval id , such
judgment shall not affect application to other persons or circumstances.
Section 5. Supersession Clause. If any provision , requirements or standard
estab lished by this Ordinance is found to conflict with similar provisions,
requirements or standards found elsewhere in the Code of Laws of the City of
Wheat Ridge , which are in existence as of the date of ado ption of this Ordinance.
the provisions, requirements and standards here shall supersede and prevail.
Section 6 . This Ordinance shall take effect 15 days after final publication .
INTRODUCED, READ , AND ADOPTED o n first reading by a vote of to
___ on this 11th day of June , 2012 , ordered published in full in a newspaper of
general circulation in the City of Wheat Ridge and Public Hearing and consideration on
final passage set for July 9 . 2012 . at 7 :00 o 'clock p .m ., in the Council Chambers , 7500
West 29th Avenue , Wheat Ridge . Colorado.
READ , ADOPTE D AND ORDERED PUBLISHED on second and final reading by
a vote of to , th is g th day of July, 2012 .
SIGNED by the Mayor on this ___ day of ________ , 2012 .
ATTEST:
Janelle Shaver, City Clerk
1st publication :
2nd publication:
Wheat Ridge T ranscript
Effective Date:
Jeny DiTullio , Mayor
Approved as to form by City Attorney
Gerald Dahl , City Attorney
2
l I •
.'. ~ Cilyof •
jV'WheatRi_dge
1TEMN0:_5_
DATE: June 11,2012
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 09-2012 AN ORDINANCE
AMENDING V ARlO US SECTIONS OF CHAPTER 26 OF
THE WHEAT RIDGE CODE OF LAWS, CONCERNING
ZONING, TO REGULATE GROUP HOMES FOR THE
HANDICAPPED AND TO BRING UNIFORMITY TO
CERTAIN RESIDENTIAL GROUP HOME ZONING
REQUIREMENTS AND SUBSTANCE ABUSE CLINIC
ZONING REQUIREMENTS
D PUBLIC HEARING
D BIDS/MOTIONS
D R ESOLUT IONS
~ ORDINANCES FOR 1 sr READING (0611112012)
0 ORDINANCES FOR 2N° READING (06/25/20 12)
D YES
ISSUE :
The City's current zoning regulations. as set forth in C hapter 26 of th e Wheat Rid ge Code
of Laws (''Code"). treat groups of any number of unrelated handi capped indi viduals
living together as a "famil y." Group homes o f a ny size for such individuals ma y therefore
locate in th e same zone districts in which a singl e-fam il y dwelling is a pennitted use
without a formal review or application process. City staff believes the location o f larger
group homes, of any type, in residentia l districts wi thout a review pro cess co uld result in
land use impacts lhat are incompatible with the surroundi ng properties.
The C ity Attomey's Office has advised it is permi ssible, but not required. under state and
federa l la w, to reguJate the zoning of group homes for the handicapped, including
imposing a numeric limitation on the size of such homes. Staff th erefore recommended
U1 e preparation of t hi s ordinance lo create zoning regulations for re sidentia l group homes
tor the hand icapped and to make all residential group home zonin g r egu lation s generally
consistent.
Council Action Form
June II, 2012
Page2
PRIOR ACTION:
City Council approved an ordinance placing a moratorium on the processing of all
applications, peru1its and licenses for group homes in the City of Wheat Ridge on Apri l
16, 2012. TI1e moratorium expires on July 16. 2012. City CounciJ was further briefed on
the zoning issues related to group homes at a study session on J une 4, 2012.
FIN ANC IA L fMPACT:
Add itional City staff time may be spent on the processing of group home applications required as
a result of the ordinance, but it is doubtful that work load would significantly increase.
BACK G RO UND:
The City last updated its ordinances pertaining to group homes in 1996. Fo ll owing is a summary
of the existing regulations as adopted at that time.
• Residential group homes for up to 8 elderly persons were allowed in all residential
districts as a pem1itted use. Residential group homes for 9 or more elderly were allowed
in all residential districts as a special use.
• Residential group homes for children were established as a special use in all residential
districts, with a minimum lot area of I ,500 square feet per child in residence.
• Residential group homes tor any number of residents who would be defined as a
handicapped person in the Fair Housing Amendments Act were considered to be a
"family" and therefore allowed as a permitted use in all residential districts, with no
restriction on the number of residents.
Given that 16 years has passed si nce the adoption of these re&.rulations, staff felt it was
appropriate to consider modifications to the ordinance, including whether a limit should be
placed on lhe number of handicapped persons that can reside in a group home as a pem1itted use
in al1 residential districts. This ordinance is designed to regulate all types of group homes in a
similar manner. based on the associated land use impacts. It also cleans up certain
inconsistencies in the zoning regulations by:
I) Adding a new definition of "Residential group home tor the handicapped" to include
persons who are "handicapped." as defined by state or federa l law, and their caretakers.
2) Creating a regulatory scheme under which all residential group homes are regulated in
the same manner. The use charts are updated to treat all residential group homes the
same.
3) Amending lhe land use charts to distinguish between residential group homes of eight
(8) or fewer persons, plus required staff, and homes of nine (9) or more persons, plus
required staff. with the larger group homes requiring special or conditional use approval.
4) Amending the definition of "Family" to eliminate its current inclusion of handicapped
group living situations and to eliminate what was likely an unintended exclusion of four
(4) persons over the age of sixty (60) living together. The current ''family" definitjon
Council Action Form
June II, 2012
Page3
includes groups of three (3) and five (5) unrelated persons over the age of sixty (60)
living together. but not four ( 4).
5) Deleting the restriction on the number of live-in caretakers in residential group homes
for the elderly. Staff believes the econom ics of operating a group home will naturally
dictate a sma ll nwnber oflive-in caretakers.
6) Eliminating the cuJTent distinction between substance abuse clinics for the treatment of
drug abuse and clinics for the treatment of alcohol abuse; eliminating the cuJTent
distinction between outpatient and residential subslance abuse clinics: and eliminating the
requirement tbal such clinics dispense medication or other contro ll ed substances as a part
oftheir treatment programs.
7) Amending the Commercial and lndustriaJ land use chart to eliminate confusing cross-
references concerning clinics for counseling generally and substance abuse clinics.
8) Imposing the same off-street parking requirements on all residential group homes.
RECOMMENDATIO NS:
Statfrecommends approval of the ordinance.
RECOMMENDED MOTION:
''I move to postpone indefinitely Council Bill No. 09-2012, an ordinance amending various
sections of Chapter 26 of the Wheat Ridge Code of Laws, concernin g zoning, to regulate group
homes for the handicapped and Lo bring uniformity to certain residential group home zoning
requirements and s ubstance abuse clinic zoning requirements, on first reading. order it publ1shed,
public hearing set for Monday, June 25, 2012 at 7 p.m. in the City Hall Council Chambers, and
that it lakes effect 15 days after final publication ."
Or,
·'I move to approve Council Bill No. 09-20 12, an ordinance amending various sections of
Chapter 26 of the Wheat Ridge Code of Laws, conceming zoning. to regulate group homes for
the handicapped and to bring uniformity to certain residential &rroup home zoning requirements
and substance abuse clinic zoning requirements for the following reason(s) ______ _
REPORT PREPARED/REVIEWED BY:
Kenneth John stone, Community Deve lopment Director
Carmen Beery. City Attomey's Office
ATTACHMENTS :
1. Council Bill No. 09-20 12
CITY OF WHEAT RIDGE , COLORADO
INTRODUCED BY COUNCIL MEMBER ------
COUNCIL BILL NO . 09
ORDINANCE NO . ___ _
Series of 2012
TITLE : AN ORDINANCE AMENDING VARIOUS SECTIONS OF
CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS,
CONCERNING ZONING , TO REGULATE GROUP HOMES
FOR THE HANDICAPPED AND TO BRING UNIFORM ITY TO
CER T AIN RESIDENTIAL GROUP HOME ZONING
REQUIREMENTS AND SUBSTANCE ABUSE CLINIC
ZONING REQUIREMENTS
WHEREAS , the City of Wheat Ridge , Colorado (t he "City"), is a Colorado home
rule municipality, duly organized and existing pursuant to Section 6 of Article XX of the
Colorado Constitution ; and
WHEREAS , pursuant to its home rule au thorit y a nd Article 23 of Title 31 of the
Colorado Revised Statutes, the City, acting through its City Counci l (the "Council "),
previously adopted planning and zoning regulations, cod ified as Chapt er 26 of the Wheat
Ridge Code of Laws (the "Code''); a nd
WHEREAS , said Chapter 26 currentl y regulates the zo n ing of group homes of
various types but i t fails to regulate group homes for handicapped persons: and
WHEREAS , the Wheat Ridge City Counc il ("Council'') finds that it is permissible
under current case law to impose neutral nondiscriminatory zoning regulations upon group
homes for the handicapped ; and
WHEREAS , the Counci l further finds that it i s desirable from a land use regulatory
perspective and equitable to reg u late all types of group homes in a similar fashion ; and
WHEREAS , the Council further finds that it is desirable from a land use regulatory
perspective and equitable to regulate all types of substance abuse clinics in a similar
fashion ; and
WHEREAS , the Council therefore desires to amend certain provisions of Chapter
26 of the Code to regulate group homes for the handicapped in the same manner as other
group homes , as permitted by law, to regulate subs tance abuse clin ics for dr ug abuse and
clinics for alcohol abuse in the same manner, and to e l iminate certain oth er disti nctions
between group homes that no longer have a mean ingfu l land use planning purpose.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE , COLORADO:
Attachment 1
Se cti on 1. Section 26-123 of the Wheat Ridge Code of Laws , defining certatn
terms applicable to Chapter 26 of the Code concerning zoning, is hereby amended
by amending the definition of "Family" set forth therein as follows :
Family. One (1) or more persons re lated by blood , marriage, adoption , or
legal custody plus domestic servants employed for service on the
premises, or a group of not more than three (3) persons who need not be
so related living together as a single housekeeping unit. Four or _J;five
unrelated (5) people over the age of sixty (60) years sharing one (1)
housekeeping unit shall also be deemed to be a family. Notwithstanding
the foregoing, a family shall be deemed to include four (4) or more
persons that are not related by blood , marriage, adoption, or legal custody
occupying a residential dwelling unit and living as a single housekeeping
unit if the oooupants are handioapped persons as defines in title VIII ofthe
Civ-il Rights Act of 1968 , as amended by the Fair Housing Amendments
Act of 1988 , or disabled persons as defined by § 24 J4 J01 , C .RS . A
family shall not include more than one ( 1 ) person required to register as a
sex offender pursuant to § 18-3-412.5 , C .R.S ., as amended , unless
related by blood , marriage or adoption.
A household that includes four (4) or more persons identified above shall
not be excluded from tho definition of "family" by the residence in the
househol8 of additional necessary persons (and their families) employed
in the care and supervision of such handicapped or disabled persons.
Section 2. Section 26-123 of the Wheat Ridge Code of Laws , defining certain
terms applicable to Chapter 26 of the Code concerning zoning, is hereby amended
by amending the definition of "Residential group homes" set forth therein as follows :
Residential group homes.
(a) Group home for children : A facility licensed by the Jefferson County or
State Department of Human Services as a residential chi ld care facility or
specialized group facility , as defined by and pursuant to Article 6 of Title
26, Colorado Revised Statutes, as existing or hereafter amended . The age
of a child placed in a group home for children may not exceed eighteen
(18) years or, in the case of a child placed in a group home by court order
prior to his or her eighteenth birthday, twenty-one (21) years. Group
homes for children do not include facilities for the placement of child ren
operated directly by the division of youth corrections of the Colorado
Department of Human Services, the mental health division of the Colorado
Department of Human Services, or the alcohol and drug abuse division of
the Colorado Department of Public Health and Environment. even if
licensed by Jefferson County Department of Human Services. See section
26-612. A group home for children shall not include more than one (1)
person required to register as a sex offender pursuant to § 18-3-412.5,
C.R.S ., as amended.
2
(b) Group home for elderly persons: A residential facility for the exclusive
use of persons sixty (60) years of age or older who do not need skilled
and intermediate care, plus no more than t:wo (2) live-in staff persons
employed in the care and supervision of such elderly persons .
(c) Congregate care home : A residential facility established for the
exclusive use of more than eight (8) elderly persons, sixty (60) years or
older, where intermediate nursing care may or may not be available, and
where living and sleeping quarters are provided for individuals or couples ;
where , however. kitchen facilities are not provided . Meals are prepared by
a central kitchen and may be served in a central dining room or taken in
the living quarters. For the purpose of meeting the residential density
provisions of the Wheat Ridge Home Rule Charter, each three (3)
persons . based upon maximum designed occupancy load , shall constitute
one ( 1) family unit.
(d) Nursing home: A state-licensed health care facility which provides
essential care on a twenty-four (24) hour basis by medical professionals to
provide short-term convalescent or rehabilitative care or long-term care to
individuals who , by reason of advanced age , chronic illness or infirmity,
are unable to care for themselves .
For purposes of t:his chapter, a "residential group home" shall not include
a household of four (4) or more persons occupying a resisential swelling
unit and living as a single housekeeping unit if the occupants are
handicappes persons as sefined in title VIII of the Ci•Jil Rights Act of 1068 ,
as amended by tho Fair Housing Amendments Act of 1088, or disables
persons as defined by§ 24 34 301 , C.RS., and such additional necessary
persons (and their families) employed in the care and supervision of such
handicapped or disabled persons . A group home for handicapped or
sisables persons shall not include more than one (1) person requires to
register as a sox offender pursuantto § 18 3 412 .5 , C.RS., as amensed .
(e) Group home for the handicapped: A residential facility for the exclusive
use of persons who are handicapped as defined in Title VIII of the Civil
Rights Act of 1968, as amended by the Fair Housing Amendments Act of
1988, or disabled persons as defined by § 24-34-301, C.R.S ,. and such
additional necessary persons employed in the care and supervision of
such handicapped or disabled persons. A group home for the
handicapped shall not include more than one (1) person required to
register as a sex offender pursuant to§ 18-3-412.5, C.R.S .. as amended.
Section 3. The definition of "substance abuse clinic" set forth in Section 26-123 of
the Wheat Ridge Code of Laws is hereby amended as follows :
3
Uses
Substance abuse clinic. A clinic, office or other facility which exclusively
provides outpatient or reside ntia l t reatment for substance abuse ot-Aef
than a lcoholism , involving, in whole or in pa rt , tho dispensation of
medi cation or other controlled substances as part of addiction therapy or
management, excluding clinics operated in associatio n with a medical
practice for other purposes .
Section 4. T he "T able of Uses-Residential " set forth in Section 26-204 of the
Wheat Ridge Code of Laws, concerning uses in residential zone districts, is hereby
amended by amending the rows concerning residential group homes as follows:
Notes R-1 R -1A R-18 R-1C R-2 R-2A R-3 R-
3A
Residential group See § s s s s s s s s
homo fer children ~e e~~
Residential group See § p p p p p p p p
homes , n ursing homes, 26-612
and congFegate care
facilities for 8 or fewer
e lderly persons. QIUS
~
Residential group See § s s s s s s s s
homes, nursing homes, 26-612
OF congregate caFe
facility for 9 or more
elderly persons, QIUS
staff
Section 5 . The "Table of Uses-Agricultural and P ublic Facilities" se t forth in
Section 26-204 of the Wheat Ridge Code of Laws , concerning uses in agricultural
and public facility zone districts, is hereby amended by amending the rows
concerning residential group homes as follows:
Uses Notes A-1 A-2 PF
Residential group homes for 8 or See § 26-p p
fewer ~~,.~~.~· persons olus staff 612
Residential group OF nursing See § 26-s
homes, or congregate care facilities 612
fo r 9 or mo re elderly perso n s~
staff
Residential group homes for See § ~e s
CAi l dFeR 9+2
Section 6 . The "Table of Uses-Commercial and Industr ial Districts" set forth in
Section 26-204 of the Wheat Ridge Code of L aws, concerning uses in commercial
and industrial zone districts, is hereby amended by amending the row concerning
counseling and treatment clinics as fo llows:
4
Uses Notes NC RC C-1 C-2 I
Clinics and offices G ~. G2 & I lfl.JGbtdQ~:
for the counseling Resi9eAtial faeilities . s p p p p
and treatment of
psychological , fl.JG & RG ~XGbtdD~S :
social , marital , ResieeAtial faeilities
developmental or
similar conditions, Abb eistriets INGbtdD~:
O*GI~9iA§ s~estaAee Ge~AseliA§ 8A9 treatmeAt
aS~SO eliAiGS fer aleeRelism
Section 7. The "Table of Uses-Commercial and Industrial Districts" set forth in
Section 26-204 of the Wheat Ridge Code of Laws, concerning uses in commercial
and industrial zone districts, is hereby amended by amending the rows concerning
residential group homes as follows:
Uses Notes NC RC C-1 C-2 I
Residential group aRe A~FSiA§
homes 3AS eeAgregate eare p p p p. .p.
faeilities for 8 or fewer eleerly
persons olus staff
Residential group aRe A~FSiAg s s s
homes aRe eeAgregate saFe
faeilities for 9 or more eleerly
persons olus staff
Residential group home for children s s s
Section 8. Section 26-501 of the Wheat Ridge Code of Laws , concerning off-street
parking and loading standards, is hereby amended by deleting the following rows
from "Table 6: Schedule of Required Off-Street Parking" thereunder:
TABLE 6: Schedule of Required Off-Street Parking
Use Requirement
GoAgFegate earo soRter Q.79 Sf38Ge f3er eaeR see room f3I!:AS ~
Sf3aeo fer oacR employee eA ma*im~m
sRfft
~leerly greuf3 Rome Q.§ Sf33GO for oaeR eleorly eeeupaAt,
pl~s tAo staA9ar9 resieoAtial dwelliAg
roEtuiremeAt
Section 9. Section 26-501 of the Wheat Ridge Code of Laws, concerning off-street
parking and loading standards , is hereby amended by amending the parking
standards for residential group homes under 'Table 6 : Schedule of Required Off-
Street Parking" as follows:
5
TABLE 6: Schedule of Required Off-St reet Parking
Use Requirement
Residential group homes for youths 18 ~ SJ3ases 13er home 1Nith street 13arki A§ oF
years aAd youA§OF 4 Sj38GOS j30F ROffiO witRol:lt stFeet
j38 FkiA§ J:)II:IS 1 sj3ase j39F easR ei§Rt
9eGs
Staodacd residential dwe!liog
[eguiremen t ~Ius 1 S(;!aQe Qe r em~IQ~ee
QO maximum shift
Section 10. T he "Permitted Uses" Chart set forth in Section 26-1 11 1 of the Wheat
R idge Code of Laws, concerni ng pe rmitted uses in mixed use zone districts , is
hereby amended by amending the existing row conce rn ing res idential group homes
and inserting a new row concerning residential group h omes as follows :
Permitted Uses
Use Group MU-C M U-C Inter state MU-C T O O M U-N
Residential group home.s.J.Qr p p p p
8 Qr fewer Qe[SQOS, QI U§
staff
Besidential grQUQ hQmes fQr .c .c c .c
9 Q( mQre Qe rsons, QI US st aff
Section 11 . Safety Clause . The City Council hereby finds, determines, and
declares that this O rdinance is promulgated under the general police power of the
City of Wheat R idge, that it is promulgated for the health, safety, and welfare of the
public and that t h is Ordinance is necessary for the p reservation of health and safety
and fo r the protection of public convenien ce and welfa re . The City Council further
determines that the Ordinance bears a rational relation to the proper legislative
object sought to be attai ned.
Section 12. Severability; Conflicting Ordinances Repealed. If any section ,
subsection o r clause of this O rdinance s h all be deemed to be unconstitutional or
otherwise invalid , the validity of the remaining sections, subsect ions and clauses
shall not be affected thereby. All othe r ordinances or pa rt s of o rdinances in conflict
with the provisions of this O rdinance are h ereby repealed.
Sect ion 13. Effective Date . T his Ordinance shall take effect f iftee n (15) days after
f inal publication, as provi d ed by Section 5.11 of the Charter.
6
INTRODUCED , READ, AND ADOPTED on first reading by a vote of to
___ on this 11 1h day of June, 2012 , ordered published in full in a newspaper of general
circulation in the City of Wheat Ridge and Public Hearing and consideration on final
passage set for June 25 , 2012 , at 7:00 o'cloc k p .m., in the Council Chambers, 75 00 West
29th Avenue, Wheat Ridge , Colorado.
READ , ADOPTED AND ORDERED PUBLISHED on second and final reading by a
vote of to , this 25 th day of June , 2012 .
SIGNED by the Mayor on this ____ day of _________ , 2012.
ATTEST:
Janelle Shaver. City Clerk
First Publication:
Second Publication :
Wheat Ridge Transcript
Effective Date:
Jerry DiTullio, Mayor
Approved As To Form
Gerald E . Dahl , City Attorney
7
" •• I • Crty of
?Wheat_R_i_dge
ITEM NO: (p I
DATE: June II, 2012
TITLE: MOTION TO APPOINT CHRISTINA REA TO THE ANIMAL
WELFARE AND CONTROL COMMISSION-DISTRJCT Ill
0 PUBLIC HEARING
[8J BIDS /MOTIONS
0 RESOLUTIONS
QUASI-JUDICIAL:
otY Clerk
ISSUE:
0 ORDINANCES FOR I ST READING
0 ORDINANCES FOR zND READING
0 YES _Q NO Cicy ~
There currently is a vacancy on the Animal Welfare and Control Commission in District ru.
Christina Rea is a resident of District lll and has submitted an application requesting
appointment to the Animal Welfare and Control Commission. Council Members Stites and Pond
have requested that Christina Rea be appointed to fill the vacancy, term ending 3/2/14.
FINANCIAL IMPACT :
None
BACKGROUND:
There is a vacancy on this Commission in District lll. The City Clerk's Office received an
application from Christina Rea, 3631 Miller Court, seeking to fill this position.
RECOMMENDATIONS:
Council Members Stites and Pond are recommending that Christina Rea be appointed to the
Animal Welfare and Control Commission representing District Ill.
RECOMMENDED MOTION:
"I move to appoint Christina Rea to the Animal Welfare and Control Commission representing
Distri ct ill, term to expire March 2. 2014"
Or
Council A~uon Form
June 11. 2012
Page 2
"l move to deny the appointment of Christina Rea to th e Animal Welfare and Control
Commisston for the following reason(s) ________ _
REPORT PREPARED BY:
Bruce Roome, Deputy City C lerk
ATTACHMENTS:
l. Appl ication
Board & Commission Application
City of Wheat Ridge
PLEASE APPLY ONLY FOR ONE BOARD OR COMMISSION
APPLICATION FOR APPOINTMENT TO THE .
A...:J\ Mrn-L0E.\-f='N2..~ q. Q.Ot\.)\~L-CoM tv\\5Stv f\J
(BOARD/COMMISSION /C OMM IITEE)
DATE :, __ ~+-M-4'-.:..1'~~--"2.... DISTRICT ________ _
HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE. \ ~ ~
ARE YOU A REGISTERED VOTER? \..( ES
~ t>~ "('('\~ ~ f'v\e€"t'"\ ~& s. l ~
HAVE YOU EVER SERVED. OR ARE YOU CURRENTLY ON A A,...'Ot> f'r .Per C>u.)A..)~
BOARD/COMMISSION/COMMITTEE AND IF SO. WHICH ONE? HOW LONG? f\.)6-
:r~ w' L.L U m'r p,a.;;,' 3"\ t'nt:.
ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR
AITENOANCE OR DUTIES?_.....;N;..._o _____________ _
SIGNATURE ~~ \} • ~
PLEASE PRINT OR TYPE NAME: c"tt(L\~\\ NP.. :Rte c
ADDRESS· 3\e?":>) (Y\\ LL~(L (_-r. \ t)l~ffl -:R,()bE" 1Pc>~
;)
HOME PHONE: ____ ":\_;)=--=D=--· ...;;;0;;.._\"::\_· ~.;._A_R_Y ______ _
BUSINESS PHONE: __ ~3.L:.D-~'-'-~....!IlJ::;..Pt-..::.8.:;._· ~0:;....<1_4.;._.._1 ------
E-MAIL ADDRESS ~-\~b::..\.J '(\U-{ 1. ~:?>De 'JO.hct;,. (j)/Y')
APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR
Attachment 1
• '4 .... • City of
JP'Wheat R!:__dge
ITEM NO:~
DATE: J une 11, 2012
TITLE: RESOLUTION NO. 28-2012 - A RESOLUTION AMENDING
THE FISCAL YEAR 2012 G E NERAL FUND BUDG ET TO
REFLE CT THE APPROVAL OF A SUPPLEMENT AL
BUDGET APPROPRIATION FOR THE 38TR AVENUE
PEDE STRIAN/BICYCLE COUNT GRANT IN THE AMOUNT
OF $2 ,000
D PUB LIC HEARING
D BID S/MOTIONS
1:8] RESOLUTIONS
QUASI-JU DICIAL: '
D ORDINANCES FOR I ST READING
0 ORDINANCES FOR 2N° READING
D YES
r
The Community Development Department received a grant from Jefferson County Pu blic Heal th
to assist in the co llection of data on 381h A venue. Specificall y, the grant money will help fund
pedestrian and bicycle co unts o n the corrid or this fall. This grant award was not budgeted in the
2012 Budget.
PRIOR ACTION:
The City, with the help of volunteers, conducted pedestrian and bicycle counts on 38lh A venue
prior to the lane reconfiguration. The money from Jefferson County will enable the City to do
follow-up counts with video camera assistance as a way to begin assessment of the project.
FINAN ClAL IMPACT:
The grant money, in the amount of $2,000, may only be used to coun t pedestrians and bicyclists
on 38 1h A venue.
BAC KGROUN D:
Tbe roadway changes to 38Lh A venue will be monitored over the coming 18-24 months . One of
the metrics tha t will be evaluated is the num ber of pedestrians and bicyclists using the street.
Baseline pedestrian and bicycle counts were conducted. with the help of vo lunteers, in the spring
C AF -38'h A venue Pedestrian, Bicycle Count Grant
June 11. 2012
Page 2
of2012 before the roadway improvements were put in place. Jefferson County Publi c Health has
offered $2,000 in grant funding to assist in addi ti onal counts this faJl to begin the process of
assessi ng the 38'h Ave project. The City will contribute an additional $1,000 from the
Communi ty Development Administration program budget so that A ll Traffic Data, a local
company. can be hired to perfonn the counts v1a v1deo technology.
RECOMMENDATIONS:
Staff recommends approval of the supplemental budget appropriations.
RECOMMENDED MOTION:
"I move to approve Resolution No. 28-2012 -A resolution amending the F iscaJ Year 2012
budget to reflect the a pproval of a supplemental budget appropriation for the 38'h Avenue
Pedestrian/Bicycle Count Grant in the amount of$2,000.
Or.
"I move to postpone indefinitely Resolution No . 28-2012 -A resolution amending the Fiscal
Year 2012 budget to reflect the approval of a supplemental budget appropriation for the 38'h
A venue Pedestrian/Bicycle Count Grant in the amount of $2.000 for the following reason(s) ..
REPORT PREPARED AND REVIEWED BY:
Sarah Showalter. Planner IJ
Ken Johnstone. Community Development Director
ATTACHMENTS:
I. Resolution 28-2012
2. Purchase of Services Agreement wiU1 Jefferson County Public Health
TITLE:
CITY OF WHEAT RIDGE , COLORADO
RESOLUTION No. 28
Series of 2012
A RESOLUTION AMENDING THE FISCAL YEAR 2012
GENERAL FUND BUDGET TO REFLECT THE APPROVAL
OF A SUPPLEMENTAL BUDGET APPROPRIAT ION FOR THE
38TH A VENUE PEDESTRIAN/BICYCLE C OUNT GRANT IN
THE AMOUNT OF $2,000
WHEREAS , the City has adopted the 381h Avenue Corridor Plan and invested
in roadway improvements to revitalize the corridor; and
WHEREAS , the City desires to monitor the i mpacts of the roadway
i mprovements, includi ng the number of pedestrians and bicyclists using the street;
and
WHEREAS, the City has secured a grant from Jefferson County Public Health
to hire a consultant to perform pedestrian and bicycle counts: and
WHEREAS , the Wheat Ridge Charter requ ires that amendments to the budget
be effected by the City Council adopting a Resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat
Ridge, Colorado, as follows :
A . The City Council authorizes the acceptance of the 381h Avenue
Pedestria n/Bi cycle Count Grant in the amount of $2,000 and a corresponding
increase In General Fund reve nues.
B . The City Counci l authorizes the transfer of $2 ,000 from the General Fun d
undesignated reserves to account number #01-120-700-750 and amending
the 2012 fiscal year budget accordingly.
DONE AND RESOLVED this 11 th day of June 2012 .
Jerry DiTullio, Mayor
ATTEST:
Janelle Shaver, City Clerk
Attachment 1
PURCHASE OF SERVI CES AGREEMENT
THIS AGREEMENT dated for reference purposes only this 19th day of June. 20 12. is made and
e ntered into by and between the Jefferson Co unty Public Health. 180 I J 9111 Street , Go lden, CO 8040 I ,
he reinafter refeJTed to as "J C PH '', and the C ity of Wheat Ridge. 7500 W . 29111 Avenue. Wheat Ri dge, CO
80033 and hereinafter refe rr ed to as ·'Contractor''.
WITNESSETH
WHEREAS, JCPH is interested in contracting w ith and providing resources to the Contractor to
implement a 2012 bi cycle and pedestrian data collection along 38th Avenue: and
WHEREAS, the Contract or desi res to provide resou rces to implement a 2012 bicycle and pedestrian data
collection a long 38lh A ve nue.
NOW. THEREFORE. in consideration of th e premises and mutua l covenants contained herein. the
parties hereto covenant and agree as fo ll ows:
I . TERM
T his Agreement s hall be in effect for the period June 19 ,2012 through December 31 , 2012 .
2. RESPONS lBLLI TIES
Contractor sha ll provide and deliver the following for the 20 l 2 bicycle and pedestrian data coll ection
along 38th Avenue:
a. Contracto r shall hire a consultant. such as All-Traffic Data to place cameras at appropriate
locations on 38111 A -.enue tb r purposes of gathering bicycle and pedes trian data.
b. Bicycle and pedestrian da ta gathering s hall be collected by the consultant no later than October
2012.
c. Contractor sha ll provide re sou rces for the review of the camera tapes and document the data in an
agreeable electronic format.
d. Conrractor shall provide any significant updates. e.g. successful data collection com pleted. to
JCPH regarding the progress ofth1s work via phone or email.
e. Contractor s hall share final data with JCPH in an agreeable electronic format.
f. A II wo rk products developed for the 20 12 bicyc le and pedestTian data co ll ection along 38111 A venue
shall become joint prope rty of JCPH and the Co ntractor.
g. Contractor s hall provide JCP ll the names of any consultan t{s) used to complete the data collection
by tbe end of the contract.
h. Contractor s hall retain all consultant invoices used to complete this work. JCPH retains the right to
Attachment 2
Cil) of Wheat Ridgt: 38 1h Ave Bike-Ped Data Collection Agreement
Page 2
collect these invoices at any time within the next two years.
3. CO MPENSATION AND PAYMENT
JCPH shall pay the Contractor $2.000 within 30 days of receipt of written request for said payment.
4 . INDC PENDENT CONTRACTOR STATU
a. Contractor shall perfonn the duties hereunder as an independent contractor and not as an
employee. Contractor affirms that il has or will secure at its own expense all personnel and
materials required to pcrfonn the services detailed in Paragraph 2 above. Such personnel shall not
be empl oyees of nor have any co ntractual relationship wi th the JCPH.
b. Services required hereunder shall be perfonned b) Contractor or under its supervis ion. and all
personnel engaged in the \\Ork shall be full) qualified and proper!) licensed or ccrtitied. as
required b) local. state and federal Ia\\-or regulation to perfonn such services. Neither Contractor
nor its personnel. if any. is entitled to workers· compensat ion benefits or an) other benefit or
employment with Jefferson Count). Colorado. further. Contractor is c.)bligatcd Lo pay federal and
state income tax on any compensation paid pursuant to this Agreement.
5. INDEMNIFICATIO N
Within the limitations imposed by the Colorado Constitution and statutes. Contractor hereby indemnifies and
holds JC'PH harmless from all claims. damages. loss. injur). cost and expense. including auome)s· fees
resulting from or related to an} negligent or intentional acts or omissions of Contractor. itS agents. employees,
subcontractors and consultants, in its perfonnance of this AgreemenL This provision shaJI survive the
termination ofthis Agreement. The parties understand and agree that Com:ractordoes not hereby \\>aive an> of
the rights. immunities. and limitations of liability contained in the Colorado Governmental Immunit y Act.
C RS 24-10-10 I el seq, or otherwise provided by la w.
6. NON ASSIGNMENT
either this Agreement nor an} interest therein. nor an) claim hereunder, shall be assigned by Contractor to
any third person without the prior written consem of JCPH.
7. OFFICIALS NOT TO BENEfiT
No elected or employed member of JCPH shall directly or indirectly receive or be paid any share or pan of
this Agreement or any benefit that may arise therefMc. Contract or warrants th at it has not retained any
company or person (other than a bona fide emp loyee working solely for Cont ractor) to solici t or secure this
AgreemcnL and that Contractor has not paid or agreed to pa} to any company or person. (other than a bona
(ide employee working for Contractor). any fee. commission. percentage. brokerage fee. gift or any oth er
consideration contin gent upon or resulting from the award of this Agreement to Contractor. Upon learning or
any breach or violation of this provision. JCPII shall have the right to tem1inate this Agreement \\ ith no
further liabilit} or obligation for pa)1nenL
City of Wheat Ridge 38 111 Ave Bike-Ped Data Collection Agreement
Page3
8. EQUAL EMPLOYMENT OPPORTUNITY
Conrractor shall not refuse u.'l hire. discharge. promote. demote or discriminate in matters of compensation
against an) person othen.vise qualitied. solely because of race. creed. sex. color. national origin or
ancestry. disability or age.
9. ILLEGAL ALIENS
a. Contractor (entity or sole proprietor) shall execute lhe cenification attached hereto as Exhibit A, in
confonnance \.\lith the provisions of§ 8-17.5-1 02( I) and § 24-76.5-10 I. C.R.S .. as amended .
b. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this
public contract: or enter into a contract with a subcontractor that fails to certify to Contractor tJtat
the subcontractor !>hall not krlo\.\lingly employ or comract with an illegal alien to perfonn work
under this public contract.
c. If Contractor obtains aclUal knowledge that a subcontractor perfonning work under this public
contract knowingly employs or contracts with an illega l a lien. Cont ractor shall:
(I) Nolify the subcontractor and the JCPII within three days that Contractor has actual
knowledge that the subcontractor is employing or contracting with an illegal alien; and
(2) Terminate the subcontract with the subcontractor if within three days of receiving the
notice required pursuant to subparagraph (J). above. the subcontractor does not stop employing
or contracting with the illegal alien: except that Contractor shall not terminate the contract with
the subcontractor if during such three days the subcontractor provides infonnation to establish
that the subcontractor has not knowingly employed or contracted with an illegal alien.
d . Contractor shaJI comply with any reasonable request by the Department of Labor and Employment
made in the course of an investigation that the Department is undenak.ing pursuant to its au thority.
e. Notwithstanding any other provision of this public contract. if Contractor violates any provision of
this paragraph. the JCPH ma) tenninate this public contract and Contractor shall be liable for all
actual and consequential damages resulting from that termination.
r. Except where exempted by federal law and. except as provided in§ 24-76.5-103(3). C.R.S., as
amended. a Contractor receiving Jefferson County funds under this public contract must confirm
that any individual natural person eighteen ( 18} years of age or older is lawfully present in the
United States pursuant to §24-76.5-103(4). C.R.S .. as amended. if such individual applies for
public benefits provided under this public contract. If Contractor has verified that the Count) has
accomplished such confirmation prior to the effective date of this public contract. Contractor is
relieved of responsibility under this paragraph.
I 0. NON-APPROPRIA TlON
Payment of JCPl l's obligations hereunder in the fiscal years subsequent to the Agreement period is contingent
City of Wheat Ridge 38 111 Ave Bike-Peel Data Collectio n Agreement
Page 4
upon funds for this Agreement being appropriated and budgeted. If funds for Lhis Agreement are not
appropriated and budgeted in an) year subsequent to the fiscal year of the execution of this Agreement. this
Ag re ement shall terminate. JCPH's fiscal year is th e calendar year.
II. STATUTES, REGULA liONS AND ORDINANCES
Contractor shall observe and comply with federal, state and local laws. regulations. rules or ordinances that
affect those employed or engaged by it, the materials or equipment used or the performance of the project and
shall procure any and all necessary approva ls. licenses and permits all at its o'"" expense .
12. SEVERAB ILI TY
If any provision of this Agreement or the application thereof to any person or in any circumstance shall be
unenforceable to any extent the remainder of this Agreement and the applicat ion of such provision to other
persons or in other circumstances shall not be efTected thereby and shall be enforced to the greatest extent
permitted by law.
13. TERMINATION
JCP II or Conl:ractor may terminate this Agreement by giving 30 days notice, in writing. to the other part).
14. ENTIRE AGREEMENl
This Agreement and the Exhibit constitute the entire Agreement among Lhe parties and all other and prior
Agreements among the parties relating to such subject mauer are hereby cancelled and superseded in lheir
entireties. No variations. modifications or changes herein or hereof shall be binding upon any party hereto
unJess set forth in a document duly executed by such part).
IN WITNESS WHEREOF. the parties hereto have duly executed this Agreement as of June 19. 20 I 2 to be
effective as of June I 9. 2012.
JEFFERSON COUNTY PUBLIC ~ lEAL T il
Bonnie McNu lty, President
Board of Health
A TrEST:
By
CONTRACTOR
Mayor Jerry DiTullio
STATE OF COLORADO
CERTIFICATION AND AF FIDAVIT
REGARDING UNAUTHORIZED IMMIGRAN T S
A CERTIFICATION STATEMENT CRS 8-17 5-101 & 102 (HB 06-1343, SB 08-193)
The Vendor, whose name and signature appear below, certifies and agrees as follows ·
Exhibit A
1 The Vendor shall comply with the provtsions of CRS 8-17 5-101 et seq The Vendor shall not
knowingly employ or contract with an unauthoriZed tmmtgrant to perform work for the State or
enter tnto a contract with a subcontractor that knowtngly employs or contracts wtth an
unauthonzed tmmtgrant.
2 . The Vendor certtfies that it does not now knowing employ or contract with and unauthorized
immtgrant who w ill perform work under this contract, and that it will participate in either (i) the "E-
Veritv Program •, JOintly administered by the United States Department of Homeland Security and
the Soctal Securrty Admmistratton , or (ii) the "Department Program · administered by the Colorado
Department of labor and Employment tn order to confirm the employment eligtbility of all
employees who are newly hired to perform work under this contract
3. The Vendor shall comply with all reasonable requests made in the course of an investigation
under CRS 8-17.5-102 by the Colorado Department of labor and Employment. If the Vendor
fails to comply with any requ irement of this provision or CRS 8-17 5-101 et seq ., the State may
terminate work for breach and the Vendor shall be li able for damages to the State
B AFFIDAVIT CRS 24-76 5-101 (HB OOS-1023)
1. If the Vendor is a sole proprretor, the understgned hereby swears or affirms under penalty of
perJury under the Jaws of the State of Colorado that (check one)
0 I am a United States citizen , or
0 I am a Permanent Resident of the Untted States, or
0 I am lawfully present tn the Untted States pursuant to Federal law
I understand that this sworn statement is reqUired by law because I am a sole proprietor entenng tnto a contract to
perform work for the State of Colorado. I understand that state law requires me to provide proof that I am lawfully
present in the Untied States pnor to starting work for the State I further acknowledge that I will comply with the
requtrements of CRS 24-76.5-101 et seq. and will produce the reqUired form of identification prior to starting work
I acknowledge that making a false. fictitious, or fraudulent statement or representation in this sworn affidavit ts
puntshable under the cnm1nat laws of Colorado as pe~ury tn the second degree under CRS 18-8-503 and tt shall
constitute a separate criminal offense each time a public benefit i s fraudulently received .
CERTIFIED and AGREED to lhts ___ day of ------• ~.
VENDOR:
Vendor Full Legal Name
BY:
~-----~--~----~-----------Stgnature of Authorized Representative Title
State Form Ul-1
Issued 7/2008
' _.. · City of
-_p-Whe atRl__dge
£TEMNO:~
DAT E: June I 1, 2012
REQUEST FOR CITY COUNCIL ACTION
TITLE : RESOLUTION NO. 29-2012 A RESOLUTION
AUTHORIZING APPROVAL OF THE DE NVER REGIONAL
COUNCIL OF GOVERNMENTS CONSORTIUM
AGREEMENT CONCERNING THE GOALS AND
GOVERANCE O F THE US DEPARTMENT OF HOUSING
AND URBAN DE VELOPMENT'S SUSTAINABLE
COMMUNITIES REGIONAL PLANNING GRANT
D PUBLJC HEARING
D BIDS/MOTIONS
(g) RESOLUTIONS
D ORDINANCES FOR 1 ST READING
0 ORDINANCES FOR 2ND READING
D YES
C ity Manager
I SSUE:
In November 2011, the Sustainable Communi ties Partnership , a federal collabor ation of the U.S.
Department of Hou s1ng and Urban D evelopment (HUD), D epartment of Transportation (DOT ),
and En vi ronmental Protection Agency (EPA), awarded lhe D enver region a $4.5 m ill ion
Regional Planning G rant. With this grant funding, a consortiu m of m unicipaliti es , coun ti es, state
agencies, hou sing a uth orities, nonprofits, corporate interests, philanthropic an d academic
organizations will work togeth er to further e nhance and impl ement Metro Vision (Denver
Regional Council of Governments long range planning document), whi le addressin g one of our
region 's most pressing and exciting chaUen ges: leveraging the planned $6.7 b illion expansion of
the FasTracks transit system. Specifically the grant w ill support multijurisdiction al planning
efforts that integrat e housing, land use, economic and workforce development, transportation,
an.d infrastructure investments.
Council Action Form
June II, 2012
Page2
The Denver Regi onal Council of Governments (DR COG) has prepared a Consortium Agreement
that identifies the goals, activities to be undertaken, and roles and responsibilities of Consortium
members in regards to the Regional Planning Grant. As required by HUD, DR COG is requesting
all Consortium members to pass a resolution in support of the Consortium Agreement
committing to participate in the grant activities as outlined in the Agreement.
PRIOR ACTION:
On August 22, 20 I I , City Council passed Resolution 26-20 II supporting DR COG's application
to HUD for the Sustainable Communities Planning Grant therefore making the City a participant
in the grant.
FINANCIAL IMPACT :
In September of 201 l, the City provided a letter of support (attached) to HUD for DCROG's
Sustainable Communities Planning Grant application committing $18,000 of in-kind staff time to
support the planning efforts for a period of three years if awarded the grant.
BACKGROUND:
ln June 2009, HUD joined with EPA and DOT to fom1 a "Partnership for Sustainable
Communities." This federal partnership is focused on improving access to affordable housing.
providing more transportation options and lowering transportation costs while protecting the
environment in communities nationwide. Several funding opportun iti es emerged from the
federal partnership including HUD's $67 million Sustainable Communities Regional Planning
Grant Program (SCRPG).
Last year, on behalf of 86 governmental agencies, organizations and non-profits region wide
which pledged more than $7 million in matching resources. DRCOG applied for funding from
the SCRPG program. With the awarded $4.5 million Regional Planning Grant, a Consortium of
these organizations and agencies will work to further the goals of Metro Vision and leverage the
multi-billion dollar expansion of the FasTracks program.
The Consortium's overarchiog goal is to align investments, programs and policies to maximize
the benefits that result from the region's investment in transit. The anticipation is a region with
greater access to job opportunities across the income spectrum. lower transportation and housing
costs, reduced consumption of fossil fuels, reduced impacts on air and water resources, and
ultimately the development of concentrated, mixed-used, pedestrian and bicycle friendly "urban
centers' along transit lines that allow residents to easily access their daily needs without use of a
car.
To achieve this goal, the planning process is divided into five main activities. The first three are
planning activities at the regional , conidor and si te-specific (Catalyst Projects) levels. The other
two, Stakeholder Engagement and Outcomes Assessment and Knowledge Sharing, cut across
and will supp011 planning efforts at all three levels. Regional planning activities will focus on
further refinements to Metro Vision, particularly the issues of access to housing choices and
economic opportunity. Detailed execution planning at the corridor level will bring Metro Vision
Council Action Form
June 11, 20 L2
Page3
closer to implementation. and will focus on the three transit corridors currently under
const ructi on as part of the EAGLE P3 public-private partnership representing the Gold. Eas t and
Northwest rail/U.S . 36 Bus Rapid Trans it line s. Corri dor le ve l plannin g will lead to tbe
identification and selection of three Catalytic Projects (one on each co tTid or) at specific sites that
o tfer the potential fo r transfonnational changes. Pre-d evelopment planning, environmen tal
review and policy changes that cata lyze redevelopment at these sites will in turn provide
valuable lessons for other transit stati on areas throughout the region.
The Co nsortium Agreement the City is being asked to sign details the responsibilities of
Consortiwn members as well as the governance structure that will be used to implement the
grant. The City must designate a "poin t person" who will be the primary contact for
comm uni cation regarding the Sustainable Communities Grant program. This "point person" for
Wheat Rid ge will be Ken Johnstone, Commu nity Deve lopment Dire ctor. Ci ty staff anticipates
being involved in the Corridor Working Group for th e Gold Line which will direct corrido r-level
planning activities and establish a vision and goals unique to the corridor. The Corridor Working
Groups will be involved in selectin g the Catalytic Projects for each co rrid or as we ll as manabring
the project once chosen.
RECOMMENDATIONS:
Staff recommends approval of DRCOG's Consortium Agreement concerning the goals and
govemance of the Sustainable Communities Regi onal Planning Grant.
RECOMMENDED MOTION:
''I move to approve Resolution No. 29-2012, a resolution authorizing approval of the Denver
Regio na l Council of Governments Consortium Agreement concerning the goals and
governance oflhe U.S. Department of Housing and Urban Development's Sustainab le
Communities Regional Planning Grant."
Or,
"1 move to postpone indefmitely Resolution No. 29-2012 a resolution authorizing approval of the
Denver Regiona l Council of Governments Consortium Agreement concerning the goa ls and
governance of the U.S. Department of Hous in g and Urban Development's S ustai nabl e
Commun iti es Regional Pl anning Grant for the following reason(s) --------"
REPORT PREPARED/REVIEWED BY:
Sally Payne, Senior Planner
Kenneth Jolmstone, Community Development Director
ATTACHMENTS:
I. Resolution No. 29-2012
2. DRCOG Sustainable Community Pl anning Grant Consortium Agreement
3. Denver Region Sustainable Communities l.ni tiative Consortium Members
4. City of Wheat Ridge September 20 I I Letter of Support to HUD
TITLE:
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 29
Series of 2012
A RESOLUTION AUTHORIZING APPROVAL OF THE DENVER
REGIONAL COUNCIL OF GOVERNMENTS CONSORTIUM
AGREEMENT CONCERNING THE GOALS AND GOVERNANCE
OF THE US DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT'S SUSTAINABLE COMMUNITIES REGIONAL
PLANING GRANT
WHEREAS, on June 16, 2009. the U.S . Department of Housing and Urban
Development, the U.S . Department of Transportation , and the U.S. Environmental
Protection Agency announced the Partnership for Sustainable Communities (The
Partnership) to coordinate federal housing , transportation , water, and other
infrastructure investments to make neighborhoods more prosperous, allow people to
live closer to jobs, save households time and money, and reduce pollution ; and
WHEREAS, the Denver Regional Counci l of Governments' Board of Directors
adopted a resolution on May 19, 2010 affirming its support for the Partnership and
agreeing to integrate the Partnership 's principles into ongoing and future Metro Vision
discussions; and
WHEREAS , the Partnership recognizes the need to support metropolitan scale .
multi-jurisdictional planning efforts that integrate housing, land use, economic and
workforce development, transportation and infrastructure investments; and
WHEREAS, the US Department of Housing and Urban Development (HUD) made
several million dollars in grant funds available to communities as part of the Sustainable
Communities Regional Planning Grant program; and
WHEREAS , the Denver Regional Council of Governments facilitated a reg ion-wide
discussion with a wide range of stakeholders and developed a regional application to
this grant program; and
WHEREAS, the Denver Regional CouncH of Governments was awarded $4.5 million
from the Sustainable Communities Regional Planning Grant program ; and
WHEREAS , the grant funding will be used to 1) further enhance and implement
Metro Vision ; and 2 ) leverage the multi-billion dollar expansion of the FasT racks
program .
WHEREAS , the Denver Regional Council of Governments has prepared an
Agreement outlining the roles and responsibilities of the regional stakeholders to the
plann i ng grant award and desires to have the stakeholders ratify the Agreement; and
Attachment 1
WHEREAS , the City of Wheat Ridge is a strong , committed member of the Denver
Regional Council of Governments and is duly proud of the region 's long history of
collaborative action on matters of regional concern for the collective betterment of the
region as a whole .
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat
Ridge , Colorado, as follows:
1. The City of Wheat Ridge approves the Denver Regional Council of Governments
Consortium Agreement concerning the goals and governance of the U.S.
Department of Housing and Urban Development's Sustainable Communities
Regional Planning Grant.
DONE AND RESOLVED this 11 1h day of June 2012.
Jerry DiTullio , Mayor
ATTEST:
Janelle Shaver. City Clerk
Consortium Agreement
MC1y16,2012
Background
The Denver region enjoys a storied history of collaboration, anchored by the Denver Regional Council of
Governments (DRCOG), its 56 member governments and more than SO years of weaving land use,
transportation and environmental concerns into a fully integrated regional plan . Metro Vision, most
recently updated in february 2011, provides the framework that will guide this reg ion into a future of
expanded opportunities for people of all ages , incomes and abilities, supporting vibrant communities
and a robust regional economy.
In November 2011 the Sustainable Communities Partnership, a federal collaboration of the U.S.
Department of Housing and Urban Development (HUD), Department of Transportation (DOT), and
Environmental Protection Agency (EPA), awarded the Denver region a $4 .5 million Regional Planning
Grant. With this grant funding, a Consortium of municipalities, counties, state agencies, housing
authorities, non profits, corporate interests, philanthropic and academic organizations will work together
to further enhance and •mplement Metro Vision, while addressing one of our region's most pressing
and exciting challenges : leveraging the planned $6.7 billion expansion of the FasT racks transit system .
This document establishes the goals of the Consortium and the conditions under which Consortium
members shall participate in the planning and related activities funded by the Sustainable Communities
Regional Planning Grant, sometimes referred to herein as the Initiative.
Goals
The Consortium's overarching goal is to align investments, programs and policies to maximize the
benefits that result from the region 's investment in transit. We anticipate a region with greater access to
job opportunities across the entire income spectrum, lower combined transportation and housing costs,
reduced consumption of fossil 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.
Grant-Funded Activities
The planning process is divided into frve main categories . The first three represent distinct but
mterrelated planning levels -regional, corridor and sfte -s pecrfic (Catalytic Projects). The remaining two
-Stakeholder Engagement and Outcomes Assessment and Knowledge Sharing (OAKS)-cut across and
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Attachment 2
support planning efforts at all three levels . Regional planning activities will focus on further refinements
to Metro Vision, particularly the issues of access to housing choices and economic opportunity. Detailed
execution plan ning at t he corridor leve l will b ring Metro Vision closer to Implementation, and will focus
on the t hree transit corridors cu rrently under construction as part of the innova t ive EAGLE P3 public·
private partnership (Gold, East, and Northwest raii/US36 BRT). Co rridor-level planning will in turn lead
to the identification and selection of three Catalytic Projects (one on each corridor) at specific sites that
offer the potential for transformational changes . The West Line , which recently completed corridor·
wide planning, has also identified a fourth Catalytic Project at the Sheridan Station. Pre--development
planning, environmental rev1ew and policy changes that catalyze redevelopment at these sites will in
turn provide valuable lessons for other transit station areas throughout the region .
Benefits to Consortium Members
Participate in reg ional and corri dor planning
Metro Vision and the corridor planning provides a framework where Consortium members can find
common ground on shared goals the region can collectively work toward. Consortium members can
play a role ensuring Metro Vision and corridor planning activities reflect and advance the mission of
their local government, organization or constituency.
Recognize the value of communities within the regional context
The physical and cultural diversity of the many communities that comprise the Denver region creates
the opportunity for a wide variety of economic development initiatives and living styles. Through
participation in Metro Vision and corridor planning activities. Consortium members can raise awareness
of the unique contribution that each individual community makes toward regional goals. In turn, a
stronger, more livable region will serve to strengthen and sustain its indiv1dual communities .
Gai n acce ss to tools, d ata and best practi ces
A considerable amount of data will be collected and disseminated as part of the Metro Vision and
corridor planning process. Grant resources will also fund the development of decision-support tools,
case studies of best practices, and training opportunities for Consortium members. These resources will
increase Consortium members' understanding of the livability principles and capadty to enhance
livability within their own communities.
Foster new partner sh i ps and I ncrease d collabo ration a m o ng entities in the reg ion
The Metro Vision and corridor planning process will bring together stakeholders from a wide variety of
sectors and disciplines, some of whom may not have worked together previously, and highlight
opportunities for Consortium members with similar goals to coordinate efforts and align resources.
These relationships will live beyond the grant -funding period and support ongoing collaboration.
Access funding opportunities
In recognition of the Denver region 's ongoing commitment to advancing sustainability, HUD has
awarded the region Preferred Sustainability Status. Consortium members may therefore be able to
claim additional points or receive special consideration when applying for funding through HUD and
other agencies affiliated with the Federal Partnership for Sustainability.
Responsibilities of Consortium Members
Actively collaborate on regional, corridor, and site-level planning activities
Consortium members will work together through the Metro Vision and corridor planning activities to
identify shared goals, values and interests, and to develop consensus on policies and strategies for
implementation. Active engagement may include participation in the Corridor Working Groups,
stakeholder committees, advisory committees, workshops and trainings, case studies, and other
opportunities that arise throughout the planning process to contribute to the overall effort. In
contributing to the effort, Consortium members will make good on any commitments of matching
resources.
Share information and ensure broad participation
The full Consortium will convene at least twice annually to share information on their collective efforts
and address any key issues that arise during the planning process. Consortium members will also serve
as ambassadors for the Sustainable Communities Initiative, assisting with outreach both to members of
the public and to members of their organization or local government. By raising awareness of the
planning activities and identifying potential new partners, Consortium members will help ensure the
Initiative is comprehensive in scope and Includes a broad diversity of perspectives, particularly from
communities that are traditionally underrepresented in the planning process. Consortium members will
designate a po int person within their organization who will serve as the primary contact for the Initiative
and who will be responsible for communicating the activities of the Consortium to their organization
and constituents . If the point of contact changes, the Consortium member must provide DRCOG staff
with contact information for the new designated contact person.
Assist with plan implementation
Consortium members will help identify opportunities to implement the projects and strategies identified
in Metro Vision and the corridor plans. Consortium members will also facilitate any needed revisions to
existing plans to ensure consistency with common regional or corridor-level goals.
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Governance Structure
Figure 1. Consortium Governance Structure
The Consortium is comprised of the groups below involved in each of the three levels of planning ond
Implementation: regional, corridor, and site (catalytic projects). Rectangles with thick white borders
represent decision -making bodies.
The roles , purposes and responsibilities of the various committees and groups are as generally described
below. The Executive Committee is authorized to promulgate written guidelines governing the size ,
membership, removal of members, and procedures of that committee, provided the guidelines are
consistent with the provisio ns below. Each Corridor Working Group is authorized to promulgate su ch
guidelines for their own group, and the Executive Director of DRCOG is authorized to promulgate su ch
guidelines for all other committees and groups.
The Executive Committee, comprised of leaders from the public, private, and non -profit sectors, will
provide project oversight to ensure the proposed planning efforts meet the objectives set forth in this
Agreement and result in imp lementable strategies that equitably benefit the Denver region . The
Committee will work toward consensus when making decis ions, but upon the affirmative vote of the
majority of members present and voting, the Committee may decide any questions that can not be
resolved by consensus . The Committee will meet quarterly and have the following res ponsibilities:
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• Serve as champions for the Initiative, setting the tone for regional collaboration and advocating
for the planning process
• If necessary, resolve conflicts or d isputes and redirect any activities not aligned with the
Consortium 's objectives
• Approve the mitlal work plan and any subsequent modifications
• Receive quarterly updates and provide feedback on grant-funded activities, grant fund
expenditures and allocation of matching resources
• Educate and inform others about the Initiative
• Provide direction t o the Coordinating Committee on how grant-funded activities could be
coordinat ed with and amplify other a llied efforts
• Each Executive Committee member will represent the perspective of their particular interest
group, while seeking common ground with other interest groups
• As described below, the Executive Committee will provide input to DRCOG throughout the
regional planning process , and the DRCOG Board of Directors is the final decision maker on any
proposed updates to the Metro Vision plan . The Executive Committee may also make
recommendations to DRCOG regarding changes to the grant budget.
The Coordinating Committee, comprised of staff from DRCOG and members of Mile High Connects , will
provide logistical support and day-to-day project direction, and su p port t he Executive Committee in
providing project oversight. Its key functions are ensuring integration of regional, corridor and catalytic
project planning efforts , and keeping t he Executive Committee informed of grant activities and any
related issues. The Committee will make decisions by consensus. Any issues that cannot be resolved by
consensus will be elevated to the Executive Committee. Specific responsibilities of the Committee
include :
• Ensure coordination among Consortium members and among grant-funded activities
• Deve lop detailed scopes of work for sub-recipients and contractors as needed
• Attend to HUD requirements for reporting on and managing the grant-funded activities
The Denver Regional Council of Governments (DRCOG), as the Regional Planning Commission and
Metropolitan Planning Organization (MPO) for the Denver region , will lead and coordinate all regional
planning efforts, including the potential expansion of regional goals and policies within Metro Vision .
The ORCOG Board of Directors, comprised of elected officials from each of the member governments,
will make all policy-related decisions regarding the update of Metro Vision . DRCOG's Articles of
Association detail the Board's decision -making procedu r es.
To ensure participation of key stakeholders in regiona l planning, DRCOG Intends to es t ablish the two
committees described below. The Exec u tive Committee will also p rovide input to the ORCOG Board
throughout the regional planning process. The DRCOG Board is the final decision maker on any
proposed updates to the Metro Vision plan.
• The Ci t izens' Adviso ry Commi ttee, comprised of resident leaders from throughout the region ,
including individuals representing the interests of low-income households, minorities, the elderly
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and people with disabilities, will provide recomme ndations to the DRCOG Board on Metro Vision
policies and the engagement of community members in the regional planning process, particularly
the direct involvement of those typically underrepresented.
• The Technical Planning Advisory Committee, comprised of local planning staff and subject-matter
experts, will provide technical recommendations to the DRCOG Board on efforts to improve Metro
Vision .
DR COG ts also serving as fiscal and administrative agent for the grant and will allocate resources to sub·
recipients and award consultant contracts as needed. Through its annual budgeting process, the DRCOG
Board will approve the grant budget and any subsequent changes. The DRCOG Administrative
Committee wi ll app rove contracts with su b-recipients and consu ltants .
The Corridor Working Groups, comprised of city and county officials, housing authorities, and subject·
matter experts, will direct corridor-level plannang activities and establish a vision and goals unique to
their corridor. Each Corridor Working Group will either manage its catalytic project directly or delegate
that task to another entity. The existing West line Working Group, having successfully carried out
corridor level plann ing over the past year, will focus primarily on catalytic project planning activities . The
other three corridors (East, Gold and Northwest raii/US36 BRT) will establish new Working Groups and
create their own governance structures, using the West line Working Group as a model.
• Reconnecting America will serve as the Corri dor Coordinator across these new Working Groups
to assure alignment wi t h SCRPG objectives, provide training and capacity building, and share
best practices among Working Groups.
• Each Work i ng Group will receive direct Input from l arger corridor-wide Stakeholder
Committees, which willlndude local residents . Corridor Working Groups will make all policy·
related decisions regarding corridor and catalytic project planning efforts.
The Regional Resource Group includes organizations with demonstrated subject-matter expe rtise in
housing, transportation, community and economic development, education, creative businesses and the
arts, public health, environmental issues, urban agriculture, Issues relevant to older adults, p romoting
equitable outcomes for low· income populations, and stakeholder engagement . Members of this group
are committed and available to provide Input and assistance at the behest of regional, corridor and
catalytic project leadership needs . Many have committed matching resources and/or offered services at
a discounted rate . Each member of the regional resource group will pfovide information on the types of
assistance and services they can offer, which DRCOG will distribute to the full Co nsortium.
The Outcomes Assessment ond Knowledge Shoring {OAKS) Group will help evaluate the outcomes of
current and previous planning efforts, provide opportunities to share lessons learned and best practices,
and ensure these lessons are integrated into ongoing planni ng efforts through the development of
performance measures and decision support tools. The OAKS group Includes University of Colorado -
Denver, the Colorado Department of Public Health and the Environment, PlaceMatters and
Reconnecting America. Activit ies of this group will support the collection and dissemination of
information among participating agencies to ensure that decisions are well -informed and communicated
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across jurisdictions. case study reports will evaluate the existing light rail corridors in the Denver region
(Southeast and Southwest lines} as well as the corridor nearing completion (West line) in terms of their
contribut io n to regional targets . lessons learned both locally and nationally will be integrated into
regional, corridor, and catalytiC project planning efforts through the use of cutting-edge decision
support tools DRCOG 's online regional data catalog will also make data and information associated
with the proposed planning activities widely available.
The St ake holder Engogem ent Group includes FRESC, The Denver Foundation, Transit Alliance and
PlaceMatters. This group will ensure stakeho lders have meaningful opportunities to provide input and
feedback throughout the proposed planning and implementation activities at the regional, corridor and
catalytic project levels, as well as the sk i lls and knowledge required to participate effectively. Activities
of this group will include capacity building and stakeholder engagement among traditionally
disadvantaged communities; Citizens' Academies that engage a broad range of constituents; a nd large-
scale, interactive meetings. These efforts will help populate the regional Citizens' Advisory Committee
and Corridor Stakeholder Committees, particularly with people typically underrepresented in the
planning process .
State and Regional Partners include the Colorado departments of local affairs, public health and
environment, and transportation; the Regional Transportation District; and the Regional Air Quality
Council . These partners have committed staff time and technica l expertise, and wi ll ensure state and
regional efforts are coordinated with and enhance tl'le proposed activities. Philanthr opic Partners have
also com mitted funding and tecl'lnical expertise to directly support the proposed activities, as well as
funding for a variety of re lated initiatives that will ensure the benefits gained are widespread and
realized for generations to come.
Accountability Measures
DR COG is serving as fiscal and administrative agent for the grant and will act In a representative capacity
with HUDon beha lf of all members of the Consortium with respect to reporting to HUD and ensuring
compliance w ith the requirements of the grant program. In this capacity , DRCOG will adm inister grant
funding, budgeting and accounting, and will be the contracting agent to award and administer sub-
recipient contracts and other contracts as needed. DRCOG may establish rules and policies governing
the process for award of contracts, including without limitation rules prohibiting actual or potential
conflicts of interest.
All Consortium members that have pledged in-kind support or other match requirements will work with
DRCOG to document the number of hours spent on the project and the allocation .of other matching
resou rces, and will enter into an agreement governing their pledge if re q uired by DRCOG. All
Consortium members that will be receiving gr ant funds (sub-recipients) will enter into a formal contract
with DRCOG t hat outlines the work to be performed and deliverables, and provide progress reports to
DRCOG on a regular basis . DRCOG will use these reports to share information on the status of grant-
funded activities with the larger Consortium.
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Expansion of Consortium Membership
Any entity supportive of the Consortium's goals may jom at any time by becoming a signatory to this
Agreement. The Executive Committee, Coordinating Committee, Corridor Working Groups and DRCOG
Board may undertake special outreach to engage new partners and underrepresented constituencies as
needed.
Duration of Consortium Agreement
This Agreement shall rema i n in force for the duration of the Sustainable Communities Regional Planning
Grant funding period, which is expected to conclude on February 15, 2015. This Agreement and the
Consortium may be continued beyond the grant conclusion date through a writing signed by those
members wishing to continue this Agreement beyond the grant conclusion date.
Withdrawal From Consortium Agreement
Any member may, at any time , provide written notice to DRCOG of their intent to leave the Consortium ,
which notice shall state the effective date of withdrawal. Upon withdrawal, the member shall no longer
be a party to this Agreement and shall no longer receive any benefits of Consortium membership, unless
there Is a specific written agreement to the contrary. However, a withdrawing member shall remain
obligated to satisfy any pledge of in kind support or match requirement that i s outstanding at the time
of withdrawal. If approved by DRCOG, the member's obligation may be satisfied by working with
DRCOG to secure equiva lent resources from an alternative source.
Changes to Terms of Agreement
The Executive Committee may, after consultati on with the Consortium members, elect to change the
terms of this Agreement at any time and will provide wri tten notification of any changes to the entire
Consortium membership.
Signatures
An entity becomes a member of the Consortium by signing this Agreement and returning its signature
page to DRCOG . This Agreement may be signed in any number of copies or counterparts, each of which
shall constitute an original and all of which shall constitute one and same document. Signature
submitted by facsimile or electronic transmission shall be sufficient and binding.
Signature Page Follows
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Member Signature Page
Instruction: This Agreement Is to be signed by a representative of each Consortium member who has the
authority to enter into an agreement on behalf of that entity. Please return your entity's signed original
of this Signature Page to Jilllocantore at DRCOG, 1290 Broadway, Suite 700, Denver, CO 80203. Please
keep a signed copy of this Agreement for your reco rds.
By signing this Consortium Agreement, the undersigned party hereby agrees to join the Denver Region
Sustamable Communities Consortium effective as of the date of signing and agrees to the provisions of
the Consortium Agreement.
EXECUTED this __ day of--------------' 2012
Signature
Name (please print)
rrtle
Organization
Primary Point of Contact:
Name
Title
Phone
E-mail
Mailing address
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OPTIONAL Additional Information
Areas of the Sustainable Communities Initiative your organization will participate in :
Check all that apply
Metro Vision Plan Update
Boomer Bond
Regional Equity Atlas
Stakeholder Engagement
o Citizens' Academies
o Outreach to traditionally
disadvantaged communities
Outcomes Assessment and Knowledge
Sharing
o Case Studies (Existing Transit
Lines)
o Workshops and Trainings
Regional Resource Group
Executive Committee
Coordinating Committee
Corridor Planning
o East
o Gol d
o Northwest Rail/US 36 BRT
Catalytic Projects
o West
o East
o Gold
o Northwest Rail/US 36 BRT
Details of how your organization anticipates participating in the areas checked above :
Matching resources your organization will commit to the Sustainable Communities Initiative :
Cash In -Kind Other
Value :
Description:
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Denver Region Sustainable Communities Initiative Consortium Members
Executive Committee Regional Planning
• Allrance for Sustainable Colorado'
• City and County of Denver •
• Colorado Erworonmental Coaht•on '
• Colorado Health Foundation
• Colorado Housing and Fi nance Author ity
• Denver Health
• DRCOG Board
• Housing Color<ldo ••
• Metro Denver Econom•c Development Corpor .Jt ion•
• 1\1 t • No t h t •mb r
• Mile High Connect.s '
• Mile High United Way
• R \,11\) Allrar c
• Regional Transportation Distrrct (RTD)'
• State of Colorado
• Urban Llnd Con~rvancy•
• u. o.m L .. nd lns~ttu t e • •
• L ) Ban k Co ora ao •
• Xcel Energy
Coordinating Committee
• DRCOG Slaff
• Mile High Connects •
Outcomes Assessment and Knowledge
Sharing
• Colorado Department of Pubhc Health and
Envtronment •
• PlaceMatters•
• Reconnecting America'
• University of Colorado •
Stakeholder Engagement
• The Denver foundatron•
• FRESC . Good Jobs, Strong Communltres •
• PlaceMatters •
• Trans1 t Alliance•
• Partners that have committed matchmg resources
•
•
DRCOG Board and member governments
Resolutions of support from
0 Adams County•
0 Boulder County
0 C1ty and County of Denver •
0 City of Arvada'
0 City of Aurora
0 Clrv o f Boulder"
0 City of Brighton
0 City of Centennial
0 City o f Commerce City
0 Cny of Edgewater
0 City of Englewood
0 Ctty of Federal Heights
0 City of Golden
0 City of Lafayette
0 City o f Lakewood '
0 City of littleton
0 City of Lone Tree
0 City of Longmont
0 Ctty of Loulsvrlle
0 City of Northglenn
0 City of Sheridan
0 City of Thornton •
0 Oty o f Westminster
0 City of Wheat Ridge •
0 Oear Creek County
0 Douglas County
0 Gilpin county
0 Town of Bennett
0 Town of Erie
0 Town of lyons
0 Town of Nederland
0 Town o f Parker
0 Town of Superior
• • Partners t hat have offered additional resources that Corridor Working Groups may take advantage of
Key areas of expertise: housmg and community development , pr vdt e , t or/t!CO• IJ r ,r de " lop "'" t, outreach
and engagement, public health, environment and sustainability
. - . , I
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Attachment 3
Denver Region Sustainable Communities Initiative Consortium Members
Corridor Planning and Catalytic
Projects
• 36 Commutmg Solutions•
• Adams County•
• Adam~ County Housmg Authonty
• Aurcra Housmg Authonty•
• Boulder County
• City and County of Denver •
• City of Arvada"
• City of Aurora
• C1ty of Boulder •
• City of Lafayette
• City of Lakewood•
• City of Longmont
• Csty of Louisville
• Ctty of Westminster
• Ci ty of Wheat Ridge •
• Denv r Hous.ma Authority •
• Jeffenon County Hou~mg Authonty•
• Metro West HouStnl Soluttons•
• Neighborhood De elopment CollaboratiVe
• Regional Transportation District •
• Town ol Supenor
• Urban Land Con ervoncy •
• Reconnectmg America• (coordinator)
State a nd Region a l Pa rtne rs
• Colorado Department of Loul Affatrs (DIVISton of
Hous1ng and Di viSIOn of Local Government)•
• Colorado Department o f Pubhc Health and
Env1ro n mem•
• Colorado Department of Transportation
• Rt:f10n11 Atr Quahly Counetl
• Reg•onal Transportation Dtstnct (RTD)"
•partners that have committed matching resources
Regional Resource Group
• MRP
• Alliance for Su~tdmable Color ado •
• Artspace•
• Colorado Brownfield!> roundalion •
• Colorado Center for Community Development
• Colorado Env•r.J r Pntal Coo~flt•or •
• Oen11E'r Urban G<Jrden~
• Enterpnse Community Partn!rs•
• Hou~lng Color11don
• •Cast• •
• Jefferson County Pubhc Health "
• Kil1ser Permanente •
• M '" I Ot 1 1, ronnmlc Dev~:lonmtont Cor po r tltlon •
• Mile H1gh Connects•
• N~t•onal R newabte Energy Lab
• Netghbcrhood O~.:velopmem Collaoorattlle
• Partnershtps for Healthy Commun1t1es
• P~ton Foundation•
• PlaceMatter~ •
• Tn County Health Department
• Trust for Publtc LcJnd•
• Urban land Con~crvancy•
• Urban Land lnst tute• •
B • '"r l or ~
• Western States Arts Federat ion•
Philanthropic Partners
• Anschutz Fami lY Foundatton •
• Colorado Health Foundatton
• The Denver Foundauon •
• Gates Family Foundation •
• Katser Permanente•
• LP Brown Foundat ion•
• Mtle High Connects •
• Piton Foundation •
• Ro se Commun ity Foundation •
• • Partners that have offered add it ional resources that Corrid or Working Groups may take advantage of
Key areas of expertise: houstng and commumtv devc opment, ~ 'J ~<: o 'lC. 'Tllc d vt" m., •• ou treach
and engagement, public health, envtronment and sustatnabthry
~ ' ~ ... _ .. City of
4~WheatRt_dge ~OFfiCE OF T H E M AYOR
AND CITY COUNCIL
C'ily of Wheat Ridge Municipul Ouilding 7500 W. 29'h /\\\!. Wheal Ridge. CO 80033·1!00 I P: 303.234.5900 F: 303.234.5924
The Hon orable Shaun Donovan
Secretary. US Depanment of Housing & Urban Development
45 I 7th Street SW
Washington. D.C. 204 I 0
September 22. 20 I I
Dear Secretary Dono va n:
The Ci ty of Wheat Ridg e is excited to prov id e thi s officia l lener of support to the Den ver
Regio nal Council of Governments (DRCOG) for its 20 I I Sustainab le Com munitie s Regional
Planning Grant (SCR PG) sub mi ssion. The gra nt provides an o pp ortunity for regional
j uri sdictions . non-profits. private-sector organiza ti o n ~ and other quality-of-life focused
stak e ho lders to participate in lo ng-range proj ects that foc us o n th e Partnership· s Livability
Principles.
The Denver re gio n's Sustainable Communities grant application prop oses three primary
co mp onen ts:
• Enhan cement of De nv e r's current Metro Vision regional comprehensive pl an to more
fully address the Livabilit~ Prin ciples:
• Collaborative planning along three planned tran si t co rridors: and.
• Prede ve lopment activities at four cata lyti c site s: one alo ng the West Line and three more
to be id en tified thro ugh the corridor planning activities.
Our community wilt directly benefit from thi s fundin g. due to its prox imit y to one o f the gra nt
pr oposals· se le cted co rrid o rs. The Gold Line co rrid or is planned for I I .2 miles o f co mmuter rail
and this grant will hel p the region to plan for the linc·s eventual sev en Transit-Oriented
Development (TO O) stati o ns. We look for.vard to participating in the planning process to help
develop and implement st rat egies for this corridor. This gra nt will help us identify ne eds and
opportun iti es. en gage communi!) partners. determ ine innovative fu nding mechani sms. and plan
th e built-environment to conne ct residents wi th employment and other opportuniti es.
The Denver Region ha s a long-s tanding hi story o f working co llab orati ve !). as exhibited by The
Mile High Co mpa c1. a vo luntary agreement that includ es 46 communit ies repre se ntin g
approximately 90 percent of the re g io n's population. Th e Mile High Co mpa c t is an agreement
between the region· s ci tie s and counties on how to manage their g rowth by adhering to the
principles o utlin ed in th e Metro Vision Plan . This grant proposal aligns with th e Metro Vision
Plan and its sustainabilit)' goals. including: focusing development v. ithin an urban g ro"' th
boundary. redu cing ve hi cle-m it es traveled. and oth er ke) quality-of:-life enh ancements.
The City of Wheat Rid ge s uppo rt s the current long-ran ge planning '' ork at th e Denver Regional
Cou nci l of Gove rnm ents and their proposed enh ancements to these effo rt s. as o utlined in the
20 I I Sustainable Co mmuniti es Regio nal Plannin g Gra nt. The Metro Vision lo ng -r ange plan
update wilt in clude ne w areas o f focus and engage new regional stakeho ld ers. T he corridor-leve l
n n '' .c:i .n lt t >~t rid j;tc:.c:o.u ~
Attachment 4
planning" ill help communities to \\ork collabor.uively and to develop a regional approach in
their land use and development activities.
The Cir) of Wheat Ridge is hono red to assist in thi s regional effort thro ugh its p::~rticipation in
the process and it s in-kind commitmen t of $18.000 toward the projec t budge t fo r technical and
professional staff time to support th e effort. We are excited about thi s opportunity and fully
support the out lined grant activities. We also appreciate HUD. DOT and the EPA investment in
the Sustainable Communities Regi ona l Planning Grant opportunit) and urge it s suppo rt in
l"unding the Denver region.
Sincerely.
f.£~?:~
Ci ty of WheaL Ridge. CO
~
... City or
!?Wheat Rl_.dge
ITEM NO:~
DATE: June I 1, 2012
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 30-2012 -A RESOLUTION AMENDING
THE FISCAL YEAR 2012 GENERAL FUND BUDGET TO
REFLECT THE APPROVAL OF A SUPPLEMENTAL
BUDGET APPROPRIATION IN THE AMOUNT OF $350,000
TO RENEWAL WHEAT RIDGE FOR THE PURPOSE OF
PROVIDING A LOAN FOR THE TOWN CENTER NORTH
PROJECT INFRASTRUCTURE IMPROVEMENTS
0 PUBLIC HEARING
D BIDS/MOTIONS
~ RESOLUTIONS
D ORDI NANCES FOR 1 ST READING
0 ORDINANCES FOR 2ND READING
QUASf-JUDIClAL: D YES ~ NO
12~~
ISS UE:
A request by the Wheat Ridge Urban Renewal Authori ty, dba Renewal Wheat Ridge ("RWR"),
for a no i11terest loan in the amou nt of $350.000 to complete infrastructure improvements at
Town Center North as required by a Subdivision Improvement Agreement (''SlA") between th e
C ity of Wheat Ridge and RWR.
PRIOR ACTION :
Staffbriefed Council on the Joan request at the June 4, 2012 study session and a consensus was
received to bring the request forward for approval. RWR reviewed tJ1e request at their June 5,
2012 meeting an d unanimously approved to authorize the Executive Director to enter into any
agreement required for the transaction oftbe loan request.
FINANCIAL IMP ACT :
The $350,000 interest-free loan wi ll be funded by the City's General Fund undesignated
reserves and repaid in full upon the future sale of Lot I or Lot 3 or a combination of both
at Town Cen ter North .
CouJ1cil Action Form
June II. 2012
Page 2
BACKGROUND:
RWR and its master developer Weston Solutions. LLC are in the process of constructing
infrastructure improvements at Town Center North. The infrastructure development is broken
into three phases.
Phase I defines and installs the infi·astructure required by a purchase agreement with Wazee
Partners. LLLP in order to deliver 'finished lots' for the development of Lot 2 and the
construction of the Town Center Apartments. Those improvements are fully funded utilizing the
revenues received upon the sale of Lot 2 in D ecember 20 II and are in a segregated escrow
account dedicated to Lot 2.
Weston So lutions is also progressing with the remainder of Lhe project site to meet the terms
defined in a S!A between the R WR and the City. The SIA defines those items that must be
compl eted in order for the City to accept the project as a completed subdivision. The SlA
includes Phase I which is required for Wazee's development as well as two other phases of
development.
Weston Solutions is ready to begin the installation of a sanitary sewer line to serve Lot 3 at a cost
of approximately $40.000 to $63,000. The sewer line was originall y included in Phase 11 I to be
installed at a later date. However, due to changes in the site plan, the sewer line wiU be buried in
the public right-of-way. on Vance Street, instead of private property as originally planned.
Lnstalling the sewer line now before Vance Street is fully constructed will save the project from
additional expenses.
Weston Solutions has requested and will receive a Notice to Proceed from RWR for Ph ase Tl of
the development based upon the approval of this request. Phase II would complete the
landscaping requirements of the S IA. TI1is includes all the landscaping along the new Vance
Street, the western side of Upham Street. the frontage of 441h Avenue. erosion control in the
detention pond, and landscaping and site improvements to th e Panda King property that were
impacted due to construction. The contactor's estimate for Phase II is $334,278 but staff is in the
process of va lu e engi neering this phase and believes it can redu ce the cost by approximately
$80.000.
Lastly, a portion of Phase I that was not funded from the sale of Lot 2 to Wazee Pa1tners is for
the purchase and placement of pedestrian lighting along Vance Street that is being installed as
part of Phase I in the amount of$87,000.
The costs of the sani tary sewer line, Ph ase II landscaping, and the pedestrian lighting total
$484,278. These improvements are critica l to moving the Town Center North project forward
and compl eting all the elements of the SIA. RWR is requesting the City Counci l provide a no
interest loan in the amount of $350,000 to the project for completion of the aforementioned
work. Any expenses requ ired above the $350,000 loan would be funded by RWR.
Cow1cil Action Fom1
June II , 2012
Page3
The loan would be fully repaid to the City upon the sale by RWR of e ither Lot 1 or Lot 3 or a
combination of both. RWR has signed a purchase agreement w ilb Wazee Partners for Lot 3 in
the amount of$925,000 for the construction of 6,000 square feel of retail and approximately 88-
units of senior apartments. The sale is contingent upon Wazee receiving additional tax credits
from the Colorado Housing and Finance Authority (CH F A). RWR and its marketing finn,
David/Hicks/Lamperl, are actively marketing Lot I and hope to have it under contract this year.
RWR currently receives l 00% of the sales tax generated from the Town Center project until
2014. TI1ese revenues average $25-$35 thousand per month. Those revenues are used to cover
the debt service of the I M Bank loan made to Renewal Wheat Ridge to purchase the 9+ acres and
are not sufficient to fund aJJ of the required improvements.
lfU1e loan is not approved by City Council. the project at Town Center North will mos t likely
cease until the needed funding can be secured. The Town Center Apartments could not receive
their Certificate of Occupancy and RWR would be in breach of its contract with Wazee Partners.
RECOMMENDATIONS:
Staffreconunends the City Council approve the loan request from RWR.
RECOMMENDED MOTION :
"I move to approve Resolution No. 30-2012, a resolution amending the fiscal year 2012 general
fund budget to reflect the approval of a supplemental budget appropriation in the an1ount of
$350,000 to Renewal Wheat Ridge for the purpose of providing a loan for the Town Center
North Project infrastructure im provements."
Or,
"1 move to postpone indefinitely Resolution No. 30-2012, a resolution amending the fiscal year
2012 genera l fund budget to reflect the approval of a supplemental budget appropriation in the
amount of$350,000 to Renewal Wbeat Ridge for the purpose of providing a loan for the Town
Center North Projec t Infrastructure Improvements for U1e following reason(s) .,
REPORT PREPAREDIREVlEWED BY:
Steve Art, Economic Development and Urban Renewal Manager
Patrick Goff, City Manager and Executive Director ofRenewal Wheat Ridge
ATTACHMENTS:
I. Resolution No. 30-2012
CITY OF WHEAT RIDGE , COLORADO
RESOLUTION NO . 30
Series of 2012
TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2012
GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A
SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT
OF $350,000 TO RENEWAL WHEAT RIDGE FOR THE
PURPOSE OF PROVIDING A LOAN FOR THE TOWN CENTER
NORTH PROJECT INFRASTRUCTURE IMPROVEMENTS
WHEREAS , the City of Wheat Ridge has an established urban renewa l authority
known as Renewal Wheat Ridge to eliminate blight and assist the City with economic
development and revitalization efforts ; and
WHEREAS , the citizens of Wheat Ridge will benefit from the improvements
being made by the Town Center North Project ; and
WHEREAS , Renewal Wheat Ridge does not have the capita l funding cu rrently
needed to complete the required infrastructure improvements per the Subdivision
Improvement Agreement (SIA) between the City and Renewal Wheat Ridge :
WHEREAS , it is prudent to comp lete these infrastructure improvements in order
to comply with the Purchase Agreement between Renewal Wheat Ridge and Wazee
Partners , LLL P; and
WHEREAS , the City of Wheat Ridge has the needed funding available in the
General Fund undesignated reserves to make an interest free loan in the amount of
$350 ,000 to Renewal Wheat Ridge for the completion of the required infrastructure
improvements at the Town Center North Project ; and
WHEREAS , the loan will be repaid in full to the City upon the sale of Lot 3 or the
sale of Lot 1 or a combination of both .
NOW, THEREFORE , BE IT RESOLVED by the City Council of the City of
Whe at Ridge , Colorado, as follows:
A. The City Council authorizes the supplemental budget appropriation to
Renewal Wheat Ridge for the purpose of providing a loan for the
infrastructure improvements for the Town Center North Project.
B. The City Council authorizes the payment of $350 ,000 from the general
fund undesignated reserves and amending the 2012 fiscal year budget
accordingly.
C. The loan terms will consist of an interest free loan and the loan is to be
paid in full to the City upon the sale of Lot 1 or Lot 3 or a combination of
both .
Attachment 1
D. Approval of th is resolution by City Council will act as the loan agreement
between the City of Wheat Ridge and Renewal Wheat Ridge .
DONE AND RESOLVED this 11th day of June 2012.
Jerry DiTullio , Mayor
ATTEST:
Janelle Shaver, City Clerk
City Council Minutes May 14 , 2012 Page 5
Ms. Davis introduced Item 4 and read some background . The BDZ program has
always been used on a limited and inconsistent basis . In response to recent inquiries
from existing and potential businesses for inclusion into a BDZ district Council reached
a consensus on April 16, 2012 to create a BDZ district encompassing the entire city .
Motion by Ms . Davis to adopt Resolution No. 24-2012, a resolution designating
the entire City of Wheat Ridge as a Business Development Zone pursuant to
Code Section 22, Division 5 ; seconded by Mr. Stites; carried 7-0
~ Approval of the written findings and decision in Case No. Sup-12-01 Wellspring
Bible Church and deny the application for a Special Use Permit at 3010 Newland
Street
On April 23, 2012 the City Council voted to deny the application of the Wellspring Bible
Church requesting a special use permit for a charter school as an accessory use .
Moti on by Mr. Starker to approve the written findings and decision in Case No . SUP-
12-01 as submitted and deny the Special Use Permit for 3010 Newland Street;
seconded by Mr. DeMott; carried 6-2, with Mr. Reinhart and Mr. Pond voting no .
6 . Resolution No. 26-2012 -requesting the Denver Regional Transportation District to
maintain Bus Route 32 west of Wadsworth Boulevard
At issue is RTD's proposed FASTRACKS service plan which calls for the termination of
several bus routes in the southwest portion of the city, including Route 32 west of
Wadsworth. This route serves some 80 students at Wheat Ridge High School so
eliminating this route would be a tremendous hardship for those students and their
parents . The RTD Board of Directors is scheduled to approve this West Corridor
Service Plan at its May 22 , 2012 meeting .
Motion by Mr. Pond to approve Resolution No . 26-2012-a resolution requesting
Denver Regional Transportation District to maintain Bus Route 32 west of Wadsworth
Boulevard with the addition of the following:
Adding (the italicized) wording in the last 'Whereas" (as originally written) so that it
reads : "WHEREAS the elimination of Route 32 service west of Wadsworth would be a
tremendous hardship on the Wheat Ridge High School students and parents", and
Adding a final "Whereas" to read as follows :
"WHEREAS the elimination of Route 32 service west of Wadsworth will dramatically
impact residents ' ability to commute to work or school in Denver".
Seconded by Mr. Stites , carried 8-0. Copies of the resolution will be sent to all 15 RTD
board members, including our area RTD representative, Matt Cohen .
City Council Minutes May 14 , 2012 Page 6
CITY MANAGER'S MATTERS
Mr. Goff reminded folks that there will be an emergency preparedness drill at Lutheran
Hospital this Wednesday, May 16. Citizens need not be alarmed as it is only a test.
Our police department will be participating.
Mr. Goff also reported that work on the Gold Line will be starting in the next couple of
weeks . Citizens should start to see some activity related to the project.
CITY ATTORNEY'S MATTERS
C ITY C L ERK MAT TERS
City Clerk Shaver reminded people that the last day to register to be eligible to vote in
this year's primary is Tuesday , May 29. People who would like to register or unaffiliated
voters who would like to declare a party affiliation can do it in person at the Motor
Vehicle office at 201h and Wadsworth or online . To register online citizens can go to the
Jeffco Clerk 's website at www.votejeffco com or the Secretary of State 's website at
www govotecolorado .com . There are also links to the Secretary of State 's registration
site on the Wheat Ridge city website under Clerk or Elections. The date of the Primary
is June 26, and it will be an all-mail-in ballot.
ELEC TED OFFICIAL S ' MATTERS
Ms. Davi s requested to look at the final 381h Avenue plan at a study session . At the
town meeting for District I and II citizens had concerns about the bus pull-outs. She
would also like to see the data RTD provided about the bus stops and pullouts.
Moti on by Ms. Davis to review the final 381h Avenue Development Plan at a study
session --especially the RTD stops and some of the numbers that backed up the
decisions; seconded by Mr. Stites; carried 8-0
M r. Starker would like Council to settle two unresolved issues --the question of pre-
meetings, and the subject of roadside memorials . Mr. Goff said discussion of pre-
meetings is scheduled for June 4 . Concerning roadside memorials, Mr. Pond had sent
out an email about this and is happy to brief Council about it at a study session .
Mrs. Langworthy announced that Lutheran Hospital is having a safety fair this
weekend, Saturday, May 19 , including fun events, car seat checks, and bicycle checks .
M r. Stit e s encouraged folks to make sure their weeds get cut. It helps the looks of our
city and anything over 12 inched might get a notice from code enforcement.
Mrs. Jay announced an important meeting this Wednesday, 8 AM at the Rec Center.
The public is welcome to come and offer input as the Leadership Committee narrows
down the branding and marketing plan for West 381h Avenue .
City Council Minutes May 14 , 2012 Page 7
Mr. Reinhart distributed to Council two proposed changes to the CML Policy
Statement. One is a broad statement about education. The other is about the
allocation of public funds for public transportation . He asked Council to relate any
feedback they may have for him to take back to CML.
Mayor DiTullio reported that a letter was sent out from the City , including the
signatures of the R-1 superintendent and the Wheat Ridge High School principal, in
opposition to the 32 bus route being discontinued or shortened .
The Mayor also thanked the council members and other citizens who went to the
fund raiser last weekend for the Jefferson Center for Mental Health .
The Mayor said he has been approached by several area principals about the changing
demographics of the schools to where up to 80% of the students are on free and
reduced lunches. This affects test scores. The schools want to know what the city is
doing to address these issues . The Mayor has spoken with the City Manager and they
are setting up a meeting for principals to meet with city staff. The principals can share
information about issues at the schools , and staff can update them on what is
happening in Wheat Ridge and what programs we have. Enterprise Wheat Ridge will
be included . It will be during the day and Council will be invited .
The Mayor closed by relating that a lot of comments are coming in about all the new
construction in Wheat Ridge .
Meeting adjourned at 7:50 pm .
APPROVED BY CITY COUNCIL ON June 11 , 2012 BY A VOTE OF to ----
Mike Stites , Mayor pro tern
The preceding Minutes were prepared according to §47 of Robert's Rules of Order, i.e .
they contain a record of what was done at the meeting . not what was said by the
members. Recordings and DVD 's of the meetings are available for listening or viewing
in the City Clerk 's Office, as well as copies of Ordinances and Resolutions .