HomeMy WebLinkAboutCouncil Packet 09/24/20126:45 p.m. Pre-Meeting
CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
September 24, 2012
7:00p.m.
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inclusion assistance.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS
APPROVAL OF MINUTES OF September 10,2012
PROCLAMATIONS AND CEREMONIES
Conflict Resolution Month
Walk to School Day
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
~ CONSENTAGENDA
a. Resolution 46-2012-A Resolution amending the Fiscal Year 2012 General Fund
Budget to reflect the approval of a Supplemental Budget Appropriation in the amount
of $5 ,000 from the Law Enforcement Assistance Fund (LEAF) for DUI Enforcement,
Public Awareness and Education .
CITY COUNCIL AGENDA: September 24, 2012 Page -2-
CONSENT AGENDA (cont'd)
b. Resolution 48-2012 -A Resolution amending the Fiscal Year 2012 General Fund
Budget to reflect the approval of a Supplemental Budget Appropriation in the amount
of $195,000 for the Annual Sales Tax Share to Renewal Wheat Ridge.
c. Resolution 47-2012-A Resolution approving a contract with the Colorado
Department of Transportation for Project No ., 19099, Bus Bench Installation.
d. Motion to approve payment to ESRIInc. in the amount of $35,750 for the Annual
License Renewal for the Graphical Information Systems (GIS)
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
2. Resolution 42-2012-A Resolution authorizing the execution of an Agreement with
Walrus 5560 to participate in the Wheat Ridge Business Development Zone Program
for a rebate of 25% of the eligible City fees, charges and taxes in association with the
construction of a restaurant at 5560 W. 29th Ave.
~ Resolution 49-2012 -A Resolution authorizing the execution of an agreement with
Walrus 5560 for participation in the Enhanced Sales Tax Incentive Program (ESTIP)
rebating 25% of the Enhanced Sales Tax for a period of three years for the construction
of a restaurant at 5560 W. 29th Ave .
ORDINANCES ON FIRST READING
§.
z.
§.
Council Bill No. 22-2012-An Ordinance amending Chapter 26 concerning the review
process for Public Schools.
Council Bill No. 21-2012-An Ordinance amending Chapter 26 concerning the creation
of an Industrial-Employment Zone District.
Council Bill No. 23-2012-An Ordinance approving a City-Initiated Rezoning of property
located at 7750 Three Acre Lane from Residential-Three (R-3) to Mixed Use-
Commercial (MU-C) (Case No. WZ-12-05)
Council Bill No. 20-2012-An Ordinance approving the Comprehensive Rezoning of
Property along 38th Ave . between Sheridan and Wadsworth to the Mixed Use-
Neighborhood (MU-N) Zone District (Case No. WZ-12-04)
Council Bill No. 24-2012-An Ordinance amending Chapter 21-107 of the Wheat Ridge
Code of Laws to permit waiver of insurance requirements for certain long-term Right-
of-Way Permits .
CITY COUNCIL AGENDA: September 24 , 2012
CITY MANAGER'S MATTERS
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MATTERS
ADJOURN TO SPECIAL STUDY SESSION
Page -3-
CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
CALL TO ORDER
September 10, 2012
7:00p.m.
Mayor DiTullio called the meeting to order at 7:00 p .m .
PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS
Davis Reinhart
Joyce Jay
Kristi Davis
Mike Stites
Joseph DeMott
Tracy Langworthy
Absent: Bud Starker and George Pond
Also present: City Clerk, Janelle Shaver; City Treasurer, Larry Schulz; City Attorney, Gerald
Dahl; City Manager, Patrick Goff; Police Chief, Daniel Brennan ; Public Works Director, Tim
Paranto; Commun ity Development Director, Ken Johnstone; other staff, interested parties and
interested citizens .
APPROVAL OF MINUTES OF August 27, 2012
Motion by Mr. Stites to approve the minutes of August 27, 2012; seconded by Mr. DeMott;
carried 6-0.
PROCLAMATIONS AND CEREMONIES
Wheat Ridge Business District 10th Anniversary
Mayor DiTullio introduced present and past members of the WRBD Board of Directors. He
read a proclamation recognizing the 1oth Anniversary of the Business District. John Marriott,
chairman of the WRBD spoke, thanking the City for their support of the business community.
The Mayor also recognized Britta Fisher from WR2020 for her help with the Business District.
CITIZENS' RIGHT TO SPEAK
Peter Walstrom came again to speak about the problem of cats running at large and has
concerns that enforcement is not happening. The Mayor asked him to speak to the Police
Chief about this.
Britta Fisher announced the upcoming "Celebrate Ridge at 38" on September 22. There will
be activities all day on High Court and movies in the evening. Details are available at
www.RIDGEAT38 .COM
Guy Nahmiach, chair of the Parks and Recreation Commission , said the Commission will be
approving a resolution calling on the City Council to support a no smoking rule for City parks,
playgrounds and open space.
APPROVALOFAGENDA
PUBLIC HEARING AND ORDINANCES ON SECOND READING
1. Council Bill No. 17-2012 -An Ordinance adding a new Section 26-638 to Chapter 26 of
the Wheat Ridge Code of Laws, concerning zoning , to define Occupancy Limits and
authorize the enforcement of such limits as a Civil Matter
Mayor DiTullio opened the public hearing.
Ms . Davis introduced Agenda Item 1.
Our Code currently does not contain one stand-alone section that defines residential
occupancy limits. This makes it difficult for citizens to understand and presents several
challenges for enforcement. This ordinance adopts a single Code section concerning those
residential occupancy limits which will be easier for people to understand and facilitate the
preparation of valid citations . Additionally, staff believes that civil standards are more
appropriate for occupancy limit enforcement than criminal standards which include potential jail
time and proof beyond a reasonable doubt. No occupancy limits are being changed.
Clerk Shaver assigned Ordinance No . 1520.
Chief Brennan noted that this ordinance only addresses enforcement. The definition of a
family will remain the same.
Mr. Dahl suggested extra wording be added on second reading that would signal to a judge
that this is a civil matter and no jail should be imposed.
Mayor DiTullio closed the public hearing.
Motion by Ms. Davis to approve Council Bill No. 17-2012, an ordinance adding a new Section
26-638 to Chapter 26 of the Wheat Ridge Code of Laws, concerning zoning, to define
occupancy limits and authorize the enforcement of such limits as a civil matter, on second
reading and that it takes effect 15 days after publication, seconded by Mr. Reinhart;
Motion by Mr. Reinhart to amend the ordinance by adding the words "as a civil matter for
which imprisonment shall not be imposed" to the end of the first sentence in Subsection 638 C;
seconded by Mr. DeMott; carried 6 -0.
The main motion as amended carried 6-0 .
2. Council Bill No. 18-2012 -An Ordinance amending Subsection 4-34(E) of the Wheat
Ridge Code of Laws, concerning kennel license requirements, to prohibit variances that
conflict with the City's zoning regulations
Mayor DiTullio opened the public hearing.
Mr. Stites introduced Agenda Item No.2.
Clerk Shaver assigned Ordinance No. 1521
This ordinance would prohibit the Police Chief from granting variances under Section 4-34 that
propose a use of land (kennels and the keeping of extra cats and dogs) prohibited by the City's
zoning regulations in Chapter 26. Should it pass the Chief could no longer grant kennel
licenses in residential areas or grant variances allowing for three dogs or four cats .
Mayor DiTullio closed the public hearing.
Motion by Mr. Stites to approve Council Bill No. 18-2012-An Ordinance amending
Subsection 4-34(E) of the Wheat Ridge Code of Laws, concerning kennel license
requirements, to prohibit variances that conflict with the City's zoning regulations on second
reading and take effect 15 days after publication, seconded by Mr. Reinhart; carried 6-0.
3. Council Bill No. 19-2012-An Ordinance amending Section 24-51 of the Wheat Ridge
Code of Laws, concerning weed and tall grass control, to authorize abatement of
violations thereof and abatement cost recovery through nuisance enforcement and
administrative enforcement
Mayor DiTullio opened the public hearing.
Mrs. Langworthy introduced Agenda Item No . 3 .
This ordinance would provide property owners with the opportunity for a pre-abatement
hearing (due process), and make the abatement cost and recovery process and administrative
fees consistent with other abatement actions.
Clerk Shaver assigned Ordinance No. 1522
Mayor DiTullio closed the public hearing.
Motion by Mrs. Langworthy to approve Council Bill No. 19-2012 -An Ordinance amending
Section 24-51 of the Wheat Ridge Code of Laws, concerning weed and tall grass control, to
authorize abatement of violations thereof and abatement cost recovery through nuisance
enforcement and administrative enforcement; on second reading and that it takes effect 15
days after final publication; seconded by Mr. DeMott; carried 6-0.
4 . Resolution 44-2012-A Resolution approving a Special Use Permit to allow
reconstruction of a quasi-public facility and a major haul operation with variances in a
Residential-One (R-1) Zone District located at 2901 Fenton Street (Case No. Sup-12-
03/Ashland Reservoir)
Mayor DiTullio opened the public hearing for Items 4 and 5 and swore in speakers.
Mr. Reinhart introduced Agenda Items No. 4 and No. 5 so they could be discussed together.
Ken Johnstone presented a staff report that included graphics.
Denver Water is undertaking the reconstruction of the Ashland Reservoir at 29th and Fenton
Streets. To accomplish this Denver Water is requesting a Special Use Permit, approval of a
major haul operation and variances to various provisions of the zoning and development
code. Additionally an IGA with Denver Water is necessary.
The reservoir dates from the late 1880's. Several upgrades have occurred over the years
including the most recent addition of a concrete roofing system in the 1970"s. The total time
for this project will last about 3 years. During this time there will be significant disruption for
the neighborhood, but in the long run it will be a very attractive site and a positive thing for the
neighborhood and the City.
Martin Garcia, project manager for this project for Denver Water, went through a number of
improvements that this project will bring about, and had a large list of impact mitigation steps
they will be taking throughout the project. They realize that construction will have quite an
lengthy impact on the neighborhood, but they will be working closely with the 'city and the
neighborhood throughout the process . He noted that their security expert does not
recommend adding brick pillars to the fence as the City staff in recommending because , per
Homeland Security, they will preseht a security risk.
Carl Zarlengo, manager of Wheat Ridge Manor nursing home, said that he just wants
reassurance that the access to and operation of their facility will not be compromised during
the project.
Jason Albano, a neighbor of the project, has concerns about water pressure.
Mr. Garcia addressed access for the nursing home and water pressure to the satisfaction of
the neighbors.
Council's concerns included:
• Screening and buffering during construction
• The size of landscaping features
• Desire to retain the brick pillars in the fence design
• Issues regarding the berms during construction
• Potential repair of 29th Avenue when the project is complete
• Why Denver water is lowering the storage space for water? (The answer to that is two-
fold. Denver has built several more water storage facilities since this one was first built;
and lengthy storage of such a large amount of water can lead to degradation of water
quality (e.g . bacteria).)
Mayor DiTullio closed the public hearing .
Motion by Mr. Reinhart to approve requests for variances for building coverage, front yard
setback, fence height, residential screening and construction days and hours associated with
Case No . SUP-12-03 for the following reasons:
1. There are unique circumstances relative to property use and site configuration.
2 . Given the size of the property, the variances should not be discernible.
3. The variances are required to accommodate site configuration, functionality and safety of
the operation and construction requirements.
4. Once construction is finished, there will be no negative impact on the health, safety and
welfare of the area.
5. The criteria used to evaluate a variance support the request.
Second by Ms. Davis; carried 6-0.
Motion by Mr. Reinhart to approve Resolution No . 44-2012-a resolution approving a Special
Use Permit to allow reconstruction of a quasi-public facility and a major haul operation in a
Residential One (R-1) zone district located at 2901 Fenton Street, (Case No . SUP-12-03) for
the following reasons:
1. There will be a public benefit as a result of the reconstruction.
2. The proposed SUP will not contribute to blight in the neighborhood.
3. There will be benefits due to increased landscaping and pedestrian connections.
4. There will be no negative impact to utilities, parks, schools or other public facilities and
services.
5. The criteria used to evaluate a Special Use Permit support the request.
With the following conditions:
1. All representations made during public hearing testimony and as detailed in the case file
shall be adhered to.
2 . Denver Water will keep citizens apprised of the project status through a regularly mailed
newsletter.
3. Project status meetings will be held with City office personnel as needed.
4. The monitoring station be redesigned to emulate some of the features of the existing well
house on the property including but not limited to some fayade features, materials used and
glazing, or the well house be rebuilt somewhere else on the site.
5. Perimeter fencing be modified to have enlarged steel pillars with decorative finials every 100'
as existing at the Ashland Decentralization Station.
6. Additional plantings be shown on the western side of the access drive from W. 29th
Avenue.
Second by Mrs. Langworthy; carried 6-0.
DECISIONS, RESOLUTIONS AND MOTIONS
5. Resolution 45-2012-A Resolution approving an Intergovernmental Agreement with the
City and County of Denver regarding Denver Water's Ashland Reservoir
Motion by Mr. Reinhart to approve Resolution No. 45-2012, a resolution approving an
intergovernmental agreement with The City and County of Denver, second by Ms . Davis;
carried 6-0.
CITY MANAGER'S MATTERS
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MATTERS
Mrs. Langworthy announced the next Live Local event will be held at mod mood this
Thursday in conjunction with their second anniversary. It runs from 5 -7 pm .
Mr. Stites noted to staff there are City signs still around town from old projects, and he asked if
staff could see about removing them .
Mayor DiTullio spoke about the graffiti this past weekend in the east part of WR. He also
reported that he had spoken with Guy Namiach about the possibility of a no-smoking rule in
the parks. He read a memo from the City Attorney which explains that Council could address
the no-smoking issue with an ordinance or a resolution. If it is done by resolution it would be a
park rule-rather than an actual law-so infractions would not result in court appearances or
fines .
Adjourned at 8 :29 p.m.
ADJOURNMENT to Special Study Session
APPROVED BY CITY COUNCIL ON September 24, 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.
~~A~
.... # ,. City of •
:rwheatRi_dge
ITEM NO: l.E:_.
DATE: Sept. 24,2012
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 46-2012 -A RESOLUTION AMENDING
THE FISCAL YEAR 2012 GENERAL FUND BUDGET TO
REFLECT THE APPROVAL OF A SUPPLEMENTAL
BUDGET APPROPRIATION IN THE AMOUNT OF $5,000
FROM THE LAW ENFORCEMENT ASSISTANCE FUND
(LEAF) FOR DUI ENFORCEMENT, PUBLIC AWARENESS
AND EDUCATION
D PUBLIC HEARING
D BIDS/MOTIONS
~ RESOLUTIONS
QUASI-JUDICIAL:
ISSUE:
D ORDINANCES FOR I ST READING
0 ORDINANCES FOR 2ND READING
D YES ~NO
The Police Department has been awarded a Law Enforcement Assistance Fund (LEAF) grant in
the amount of$10,000 from the COOT Office ofTransportation Safety. The Police Department
anticipates expending half of this grant ($5 ,000) during 2012 and the other half ($5 ,000) in 2013
by performing dedicated impaired driving enforcement activities , in conjunction with other DUI
enforcement and education programs in an effort to reduce traffic crashes by identifying DUI
drivers and removing them from the roadways.
PRIOR ACTION:
The Police Department has participated in DUI enforcement, public awareness and education
activities util izing LEAF grant funds in the past. LEAF grant funding was suspended for several
years with funding becoming available again for the funding cycle beginning July 1, 2012
through June 30, 2013.
FINANCIAL IMPACT:
There is no financial impact anticipated. Grant funds will cover the cost for personnel to staff
DUI enforcement acti vities .
Council Action -2012 LEAF Grant
Sept. 24 , 2012
Page2
BACKGROUND:
The City of Wheat Ridge has experienced an increase in fatal accidents that are the direct result
of intoxicated drivers. In 201 0 , there were a total of three fatal accidents resulting in the deaths
of four people. One of those accidents involved a driver who was under the influence of alcohol
and resulted in two fatalities. In 2011 , there were a total of four fatal accidents resulting in the
deaths of five people. Two ofthose accidents and three fatalities involved a driver who was
under the influence of alcohol. To date in 2012 , the City of Wheat Ridge has experienced one
fatal accident, with one death that involved an intoxicated driver.
In addition to the fatal accidents , the City of Wheat Ridge has experienced 14 injury accidents in
2011 and 25 injury accidents in 2010 that were all related to intoxicated drivers.
By utilizing Law Enforcement Assistance Funds (LEAF), the police department hopes to reduce
accidents and fatalities associated with intoxicated driving.
RECOMMENDATIONS:
Staff recommends approval of the resolution.
RECOMMENDED MOTION:
"I move to approve Resolution No. 46-2012 amending the fiscal year 2012 general fund budget
to reflect the approval of a supplemental budget appropriation in the amount of $5 ,000 from the
Law Enforcement Assistance Fund (LEAF) for DUI enforcement, public awareness and
education."
Or,
"I move to table indefinitely Resolution No. 46-2012 amending the fiscal year 2012 general fund
budget to reflect the approval of a supplemental budget appropriation in the amount of $5 ,000
from the Law Enforcement Assistance Fund (LEAF) for DUI enforcement, public awareness and
education for the following reason(s) "
REPORT PREPARED/REVIEWED BY:
Michelle Stodden , Police Support Technician
ATTACHMENTS:
1. Resolution No. 46-2012
2. CDOT Office of Transportation Safety Funding Notification
TITLE:
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 46
Series of 2012
A RESOLUTION AMENDING THE FISCAL YEAR 2012 GENERAL FUND
BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL
BUDGET APPROPRIATION IN THE AMOUNT OF $5,000 FROM THE
LAW ENFORCEMENT ASSISTANCE FUND (LEAF) FOR DUI
ENFORCEMENT, PUBLIC AWARENESS AND EDUCATION
WHEREAS, the City of Wheat Ridge Police Department has been awarded a
grant to support dedicated impaired driving enforcement activities, in conjunction with
other DUI enforcement and education programs in an effort to reduce traffic crashes by
identifying DUI drivers and removing them from the roadways; and
WHEREAS, City Council desires to accept the grant in the amount of $10,000.00
to fund the program; and
WHEREAS, the Police Department anticipates expending half of the grant
($5 ,000) during 2012 and the other half ($5,000) in 2013; and
WHEREAS, the Wheat Ridge City Charter requires that amendments to the
budget be effected by the City Council adopting a resolution; and
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, of
the City of Wheat Ridge, Colorado, as follows:
A. The City Council authorizes the acceptance of the Law Enforcement
Assistance Fund (LEAF) grant funded by COOT and the amendment of the
Grants Fund revenues accordingly.
B. The City Manager is authorized to execute all documents necessary for
the acceptance of the award.
C . The City Council authorizes an amendment to account number 01-202-
600-610 for the Grants Fund in the amount of $5,000.
DONE AND RESOLVED this __ day of _____ , 2012.
Jerry DiTullio, Mayor
ATTEST :
Janelle Shaver, City Clerk
Attachment 1
.
Col;rado Dept of Transportation
4201 E. Arkansas Ave
Denver, CO 80222
Buyer:
'One Number:
Jency Contact:
Michelle Connolly
303-757-9782
DATE: 06/25/2012
IMPORTANT Purchase Order
State of Colorado
Phone Number:
Gina Guerrero
(303)757-9575
The PO# and Line#
must appear on all
invoices , packing slips,
cartons and
correspondence P.O # 211016332 Page# 1 of 2
Vendor Master # 2 0 0 0 0 9 9
Vendor Contact:
PHONE:
Purchase Requisition #: 011 0 3 7 9 4 4 0
State Award#
BID#
Invoice in Triplicate
-------------------------tTO: Colorado Dept of Transportation
4201 East Arkansas ave V CITY OF WHEAT RIDGE
E N WHEAT RIDGE POLICE DEPARTMENT Denver CO 80222
g 7500 WEST 29TH AVENUE Pa mentwill be made b
WHEAT RIDGE CO 80033
-R-----------------------1 Ship
INSTRUCTIONS TO VENDOR To:
1. If for any reason, delivery of this order is delayed beyond the delivery/Installation date shown,
please notofy the agency contact named at the top left (Right of cancellation is reserved in instances
in which timely delivery is not made).
Colorado Dept of Transportation
4201 East Arkansas ave
Denver CO 80222
2. All chemicals, equipment and materials must conform to the standards required by OSHA. Dellverynnstallation Date: 07/01/2012
3. NOTE: Add~ional terms and conditions on reverse side. NA
SPECIAL INSTRUCTIONS
PO EFFECTIVE FROM 7/1/12. NO EXPENDITURES ARE TO BE MADE AGAINST THIS PO PRIOR TO THIS
DATE.
liNE#
00010
MATERIAL# UOM QUANTITY UNIT COST TOTAL ITEM COST
MATERIAL GROUP# PLANT
DESCRIPTION
Activ.unit 1 10,000 .00 10 ,000.00
92585 7001
Wheatridge PD-LEAF
Contractor to perform the following tasks consistent with the LEAF objective:
1. Increase and improve the enforcement of the laws pertaining to Impaired Driving
offenses .
2. Increase public awareness of the problems and impacts created by Impaired Driving
and the consequences resulting from arrest and conviction of impaired driving
offenses .
3. Provide law enforcement officers throughout the term of this contract to perform
dedicated impaired driving enforcement duties and activities within the (project
area) only, as stated in the approved application. Activities outside the (project
area) require prior approval of the state LEAF Program Manager or their designee .
THIS PO IS ISSUED IN ACCORDANCE WITH STATE AND FEDERAL REGULATIONS FOR THE STATE OF COLORADO
Attachment 2
Col c ~ado Dept of Transportation
4201 E. Arkansas Ave
Denver, CO 80222
Buyer:
one Number:
4 ency Contact:
Phone Number:
Michelle Connolly
303-757-9782
Gina Guerrero
(303) 757-9575
Vendor Master# 2 000099 PHONE:
SPECIAL. INSTRUCTIONS
OA TE: 06/25/2012
IMPORTANT
The PO# and Line#
must appear on all
invoices, packing slips,
cartons and
correspondence
Purchase Order
State of Colorado
P.O # 211016332 Page# 2 of2
State Award#
BID#
PO EFFECTIVE FROM 7/1/12. NO EXPENDITURES ARE TO BE MADE AGAINST THIS PO PRIOR TO THIS
DATE.
LINE# MATERIAL#
MATERIAL GROUP#
DESCRIPTION
UOM
PLANT
QUANTITY UNIT COST TOTAL ITEM COST
4. The (responsible agency) will be actively involved in COPT's impaired driving
enforcement public awareness program and enforcement campaigns. This includes, but
is not limited to, obtaining media interviews and media outreach, hosting media
ride-alongs, attending COOT media events, and similar activities. The (responsible
agency) will report back required data to COOT by the specifies times.
NOT TO EXCEED THE AMOUNT SHOWN WITHOUT PRIOR APPROVAL OF A COOT PURCHASING AGENT.
-----------------------------------------------~~~~~~~~-------,~~0~0~0~.0~0~---
THIS PO IS ISSUED IN ACCORDANCE WITH STATE AND FEDERAL REGULATIONS J4$
This PO Is effective on the date signed by the authorized Individual . 2.
Date
DP.01 (R-02106)
.... ~4~
... ~ ., City of •
JP'"Wheat:Ri_dge
TITLE:
ITEM NO: l.lr.
DATE: September 24 ,2012
REQUEST FOR CITY COUNCIL ACTION
RESOLUTION NO. 48-2012 - A RESOLUTION AMENDING
THE FISCAL YEAR 2012 GENERAL FUND BUDGET TO
REFLECT THE APPROVAL OF A SUPPLEMENTAL
BUDGET APPROPRIATION IN THE AMOUNT OF $195,000
FOR THE ANNUAL SALES TAX SHARE TO RENEWAL
WHEAT RIDGE
0 PUBLIC HEARING
D BIDS /MOTIONS
[g) RESOLUTIONS
D ORDINANCES FOR 1ST READING
0 ORDINANCES FOR 2 N D READING
QUASI-JUDICIAL: D YES [g) NO
g~
ISSUE:
The City entered into an Intergovernmental Agreement (IGA) with Renewal Wheat Ridge
(RWR) in June 2006 to establish the rights and responsibilities of the City and RWR with respect
to: 1) operational assistance and 2) the sharing of sales tax increment applicable to the Wheat
Ridge Town Center Project. In October, 2011 the City Council approved an increase in the sales
tax increment payment from 50% to 100% to RWR through December 31 ,2014 . The 2012
Budget was adopted before this amendment was made and includes only $225 ,000 for the sales
tax share. The 2012 increment is estimated at $393 ,000 ; therefore, a supplemental budget
appropriation in the amount of $168 ,000 is required to fund this expense.
The Wheat Ridge Cyclery Improvements Agreement allows for the utilization of Tax Increment
Financing (TIF) to share back a certain portion of sales tax increment with Renewal Wheat
Ridge (RWR) to pay Wheat Ridge Cyclery for certain improvements made to the store. The 2012
increment is estimated at $52 ,000 but only $25 ,000 was budgeted. Therefore a supplemental
budget appropriation is required in the amount of $27 ,000.
Council Action Form
September 24 , 2012
Page2
A total supplemental budget appropriation in the amount of $195,000 is requested to amend the
2012 Budget accordingly.
PRIOR ACTION:
None
FINANCIAL IMPACT:
This supplemental budget appropriation will increase the General Fund budget by $195,000.
However, there will be a neutral financial impact on the 2012 Budget as revenues are anticipated
to increase by the same amount.
BACKGROUND:
The City adopted the Wheat Ridge Town Center Urban Renewal Plan on December 14, 1981
which provided for the utilization of pro pert~ and sales tax increment in the commercial area east
of Wadsworth Boulevard , between West 38 1 Avenue and West 44 1h Avenue. The property tax
increment expired after 25 years in 2006.
The City entered into an IGA with RWR in June 2006 to establish the rights and responsibilities
of the City and the Authority with respect to: 1) operational assistance and 2) the sharing of sales
tax increment applicable to the Wheat Ridge Town Center Project. The IGA stipulates that the
City will share 50% of the sales tax increment from the Wheat Ridge Town Center Project with
the Authority until December 31 , 2014.
On October 24 , 2011 the City Council approved an amendment to the IGA to increase the sales
tax increment paid to RWR from 50 % to 100%, effective retroactively to January 1, 2011 , and to
extend the same for the full term of the IGA.
RWR and Wheat Ridge Cyclery entered into an Improvements Agreement on March 20, 2007
for improvements to the Cyclery property located at 7085 W. 38 1h Avenue. It was the RWR's
desire to assist the Cyclery in making a number of improvements to the property, which would
improve the public appearance of the property, remedy its deterioration, maintain a positive
business environment in the neighborhood , and serve as an anchor to attract other desirable
businesses to the neighborhood.
As an inducement to the Cyclery to complete certain improvements , RWR agreed to reimburse
to the Cyclery those costs associated with these improvements by implementing tax increment
financing. Under the Agreement, the Cyclery will be receiving 100% ofboth the property tax
and sales tax incremental revenue generated by the expansion of the business.
The Agreement establishes R WR maximum obligation for reimbursement at $264,180 , or 10
years of sales and property tax increment, whichever occurs first. The maximum obligation is
equal to the estimated costs of the eligible improvements. The total sales tax increment generated
by the Wheat Ridge Cyclery project in 2012 is estimated at $52 ,000. These funds are due to
R WR who will in turn make payment to Wheat Ridge Cyclery.
Council Action Form
September 24 , 2012
Page3
RECOMMENDATIONS:
Staff recommends approval of Resolution 48-2012 in order to provide a supplemental budget
appropriation in the amount of $195 ,000 to the Economic Development Division budget.
RECOMMENDED MOTION:
"I move to approve Resolution No. 48-2012, a resolution amending the fiscal year 2012 General
Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of
$195 ,000 for the annual sales tax share to Renewal Wheat Ridge."
Or,
"I move to deny approval of Resolution No. 48-2012, a resolution amending the Fiscal year 2012
General fund Budget to reflect the approval of a supplemental budget appropriation in the
amount of $195 ,000 for the annual sales tax share to Renewal Wheat Ridge for the following
reason( s) "
REPORT PREPARED/REVIEWED BY:
Steve Art, Economic Development and Urban Renewal Manager
Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution No . 48-2012
TITLE:
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 48
Series of 2012
A RESOLUTION AMENDING THE FISCAL YEAR 2012 GENERAL
FUND BUDGET TO REFLECT THE APPROVAL OF A
SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT
OF $195,000 FOR THE ANNUAL SALES TAX SHARE TO
RENEWAL WHEAT RIDGE (RWR)
WHEREAS, the City of Wheat Ridge, acting through its City Council has created
Renewal Wheat Ridge ("RWR"), an urban renewal authority; and
WHEREAS, projects in the Town Center have generated sales tax revenues,
referred to by the City and RWR as the "sales tax increment" for use by RWR on urban
renewal projects; and
WHEREAS, in 2006 the City and RWR entered into an Intergovernmental
Agreement (the "Agreement") pertaining to the allocation of the sales tax increment
derived from the Town Center project and the sharing of resources relating to services,
equipment and personnel; and
WHEREAS, the City has amended the Agreement on October 24, 2011, to raise
the percentage of sales tax distribution to RWR from 50% to 1 00%; and
WHEREAS, in 2007 RWR entered into an Improvements Agreement with Wheat
Ridge Cyclery (the "Cyclery") to reimburse the Cyclery for certain improvements to the
property to improve its public appearance; and
WHEREAS, adequate resources were not allocated in the 2012 Budget to fund
these expenditures; and
WHEREAS, the Wheat Ridge Charter requires that amendments to the budget
be effected by the City Council adopting a Resolution.
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council:
Supplemental Appropriation
A. The City Council authorizes the transfer of $168,000 from the General Fund
undesignated reserves to account number 01-105-700-720 and $27,000 from
the General Fund undesignated reserves to account number 01-105-700-718
and amending the General Fund revenues accordingly.
GED/WRJINRURA
DONE AND RESOLVED this 24th day of September, 2012.
Jerry DiTullio, Mayor
ATTEST:
Janelle Shaver, City Clerk
... ~"~ ... ~ .. City of •
:?WheatR!_dge
ITEM NO: /.c..
DATE: September 24,2012
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 47-2012 -A RESOLUTION APPROVING
A CONTRACT WITH THE COLORADO DEPARTMENT OF
TRANSPORTATION FOR PROJECT NO. 19099, BUS
BENCH INSTALLATION
0 PUBLIC HEARING
0 BIDS /MOTIONS
~ RESOLUTIONS
QUASI-JUDICIAL:
ISSUE:
0 ORDINANCES FOR 1ST READING (mm/dd/yyyy)
0 ORDINANCES FOR 2N° READING (mm/dd/yyyy)
0 YES
City Manager
In February, the City was awarded a state Funding Advancements for Surface Transportation and
Economic Recovery (FASTER) transit project grant to install 38 bus benches at selected
locations throughout the City. The project includes the purchase and installation ofbus benches
and trash receptacles, as well as construction of concrete pads where needed. CDOT will
administer the project's state funding, while the City will manage the purchase and installation of
the shelters . The total project amount is estimated at $250,000.
Entering into an Intergovernmental Agreement (IGA) with the Colorado Department of
Transportation (CDOT) is necessary to formally authorize the project. The IGA provides that the
City finance and pay 20% of the cost of the project, with CDOT reimbursing 80% of the project
costs , not to exceed $200,000.
PRIOR ACTION:
None
FINANCIAL IMPACT:
City Staff will administer the purchase and installation of the bus benches with CDOT
reimbursing 80 % of costs upon completion of the project, not to exceed $200,000. The proposed
V:\Form s\CAFte mpl ate
Council Action Form
September 24, 2012
Page 2
2013 budget includes funding for this project. While the project cost is not expected to exceed
the project estimate, any unlikely shortfall will be provided by the City. The project
reimbursement will be provided upon completion of the work.
BACKGROUND:
In February 2012, the City was awarded a transit-related improvements project grant through the
CDOT to fund the purchase ofbus benches, as well as installation of the benches throughout the
City. Trash receptacles will also be purchased and installed with the benches. Concrete pads
will be built at locations that do not currently have hard surfaces for installation. The new
benches will be placed at bus stops where there are no existing bus benches or shelters and where
there is an adequate right-of-way.
The grant budget, in the amount of $250,000, will finance the hardware purchases and
installation. The Colorado Department ofTransportation will perform the contract oversight
concerning state regulations and the City will administer the project. The City will be reimbursed
80% of the cost of the project, not to exceed $200,000.
RECOMMENDATIONS:
Staff recommends approving the contract with CDOT to proceed with the purchase and
installation of the bus benches.
RECOMMENDED MOTION:
"I move to approve Resolution No. 47-2012, a resolution approving a contract with the Colorado
Department ofTransportation for Project No. 19099 , Bus Bench Installation."
Or:
"I move to table indefinitely Resolution No. 4 7-2012 , a resolution approving a contract with the
Colorado Department of Transportation for Project No. 19099, Bus Bench Installation, for the
following reason(s) "
REPORT PREPARED BY;
Tim Paranto , Director of Public Works
ATTACHMENTS:
1. Resolution No. 47-2012
2. CDOT Contract No. 19099
3. Proposed Bus Bench Locations
TITLE:
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 47
Series of 2012
A RESOLUTION APPROVING A CONTRACT WITH THE
COLORADO DEPARTMENT OF TRANSPORTATION FOR
PROJECT N0.19099, BUS BENCH INSTALLATION
WHEREAS, the City Council wishes to provide for the installation of bus benches
at various selected locations citywide; and
WHEREAS, the City has been awarded a State FASTER-Transit grant by the
Colorado Department of Transportation (COOT) to purchase and install bus benches;
and
WHEREAS, the City has negotiated a contract with the Colorado Department of
Transportation for the funding of the Project; and
WHEREAS, the project funds will be programmed in the 2013 Capital Investment
Program budget under the Minor Street Improvements Projects account to finance the
project cost and will seek reimbursement of 80% of the Project costs from COOT upon
Project completion;
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that:
Section 1. Contract Approved.
The contract between the City and the Colorado Department of Transportation
for Project 19099, Bus Bench Installation, is hereby approved and the Mayor and City
Clerk are authorized and directed to execute the same.
Section 2. Budget.
The City of Wheat Ridge fiscal year 2013 CIP Budget will include $250,000.00 for
the Bus Bench Installation.
Section 3.Effective Date -----
This Resolution shall be effective immediately upon adoption
DONE AND RESOLVED this __ day of _____ , 2012.
Jerry DiTullio, Mayor
ATIEST:
Janelle Shaver, City Clerk
Attachment 1
Project TRG M361·008 (19099)
REGION 6 (JH/WMA) RoUiing# 271001511
SAP# 13 HA6 36222
FOR t:DOT TRACI\I~G P RPOSF. (Tllll
and subjfd to rhangc).
STATE OF COLORADO
Colorado Department of Transportation
Division of Transit and Rail
FASTER-Transit Grant Agreement
with
CITY OF WHEAT RIDGE
TABLE OF CONTENTS
I . PARTIES ................................................................................................................................................................... I
2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY ...................................................................................... I
3 . RECITALS ................................................................................................................................................................ 2
4. DEFINITIONS .......................................................................................................................................................... 2
5. TERM ........................................................................................................................................................................ 3
6. SCOPE OF WORK ................................................................................................................................................... 3
7 . PAYMENTS TO GRANTEE .................................................................................................................................... 4
8. REPORTING -NOTIFICATION ............................................................................................................................. 5
9. GRANTEE RECORDS ............................................................................................................................................. 6
I 0. CONFIDENTIAL INFORMATION-STATE RECORDS ...................................................................................... 6
I I . CONFLICTS OF TNTEREST ................................................................................................................................. 7
I 2. REPRESENTATIONS AND WARRANTIES ....................................................................................................... 7
13. INSURANCE .......................................................................................................................................................... 8
14. BREACH ................................................................................................................................................................. 9
15 . REMEDIES ........................................................................................................................................................... tO
16. NOTICES and REPRESENTATIVES .................................................................................................................. II
17 . RIGHTS IN DATA , DOCUMENTS , AND COMPUTER SOFIW ARE ............................................................. 12
18. GOVERNMENTALIMMUNITY ........................................................................................................................ 12
19. STATEWIDE CONTRACf MANAGEMENT SYSTEM ................................................................................... 12
20. GENERAL PROVISIONS .................................................................................................................................... 13
21. COLORADO SPECIAL PROVISIONS ............................................................................................................... 14
22 . SIGNATURE PAGE ............................................................................................................................................. I?
EXHJBIT A (Scope of Work)
EXHIBIT B (FASTER Program Requirements)
EXHIBIT C (Grantee Payment Checklist)
EXHIBIT D (49 CFR 18 Subpart C)
EXHIBIT E (Gener-.tl Procurement Standards)
EXHIBIT F (State and Grantee Commitments)
EXHIBIT G (Option Letter)
EXHIBIT H (Security Agreement) 1 this ll 'i// only be used for purchase of transiT l'eilicle(s) or e quipmcnl)
EXHIBIT I (State or Federal-Aid Project Agreements with Profe siona1 Subgrantee Services)
EXHIBIT J (Grantee Contract Administration Checklist)
1. PARTIES
This Grant Agreement ("Grant") is entered into by and between CITY OF WHEAT RIDGE, 7500 West 29th
Avenue, Wheat Ridge, Colorado 80033, COOT Vendor# 2000099, ("Grantee"), and the STATE OF
COLORADO acting by and through the Colorado Department of Transportation, Division of Transit and
Rail ("State or "COOT"). Grantee and the State hereby agree to the following tenns and conditions.
2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY
Attachment 2
FASTERGrant.OI.Julll -originated from approved OSC Grant template Rev 1112111
This Grant shall not be effective or enforceable until it is approved and s igned by the Colorado State
Controller or designee ("Effective Date"). The State shall not be liable to pay or reimburse Grantee for any
performance hereunder, including , but not limited to costs or expenses incurred, or be bound by any
provision hereof prior to the Effective Date.
3. RECITALS
A. Authority, Appropriation, and Approval
Authority to enter into this Grant exists in CRS §§43-1-106, 43-1-110,43-1-117, 43-2-101(4)(c) as
amended and funds have been budgeted, appropriated and otherwise made available pursuant to CRS
§43-4-811 (2) and a sufficient unencumbered balance thereof remains available for payment. Required
approvals, clearance and coordination have been accomplished from and with appropriate agencies .
B. Consideration
The Parties acknowledge that the mutual promises and covenants contained herein and other good and
valuable consideration are sufficient and adequate to support this Grant.
C. Purpose
The purpose of this Grant is for CDOT to disperse FASTER Transit Program Funds to Grantee to
conduct work within the provisions of this Grant . The work to be completed under this Grant by the
Grantee is more specifically described in Exhibits A and B.
D. References
AJI references in this Grant to sections (whether spelled out or using the § symbol), subsections,
exhibits or other attachments , are references to sections, subsections, exhibits or other attachment s
contained herein or incorporated as a part hereof, unless otherwise noted.
4. DEFINITIONS
The following terms as used herein shall be construed and interpreted as follows:
A. Budget
"Budget" means the budget for the Work described in Exhibit A .
B. Evaluation
''Evaluation" means the process of examining Grantee 's Work and rating it based on criteria
established in §6, §19, and all Exhibits.
C. Exhibits and other Attachments
The following are attached hereto and incorporated by reference herein : Exhibit A (Scope of Work),
Exhibit B (FASTER Program Requirements), and Exhibit C (Grantee Payment Checklist), Exhibit D
(49 CFR 18 Subpart C), Exhibit E (General Procurement Standards), Exhibit F (State and Grantee
Commitments), Exhibit G (Option Letter), Exhibit H (Security Agreement), Exhibit I (State or
Federal-Aid Project Agreements with Professional Subgrantee Services) and Exhibit J (Grantee
Contract Administration Checklist ).
D. Goods
"Goods" mean s tangible material acquired, produced , or delivered by Grantee either separately or in
conjunction with the Services Grantee renders hereunder.
E. Grant
"Grant " means thi s Grant , its terms and conditi ons, attached exhibits, documents incorporated by
reference under the tenns of thi s Grant, and any future modifying agreements, exhibits, attachments or
references incorporated herein purs uant to Colorado State law, Fiscal Rules, and State Controller
Policies .
F. Grant Funds
"Grant Funds" means available funds payable by the State to Grantee purs uant to thi s Grant.
G. Local Funds
"Local Funds'' means fund s provided by any city , county or entity (public or private) for performance
of the Work.
H. Manual
"Manual" refers to COOT's "Local Agency Manual ", if applicable .
FASTERGranL.OI.Julll-originated from approved OS C Grant template Re v 1/12111 Page 2
I. Party or Parties
"Party" means the State or Grantee and "Parties" means both the State and Grantee.
J. Project
"Project" means Work identified in Exhibit A.
K. Program
"Program" means the Funding Advancement for Surface Transportation and Economic Recovery
(FASTER) Senate Bill 09-108 grant program that provides the funding for this Grant.
L.Review
"Review" means examining Grantee's Work to ensure that it is adequate, accurate, correct and in
accordance with the criteria established in §6, §19 and Exhibit A.
M. Services
"Services" means the required services to be performed by Grantee pursuant to this Grant.
N. State Funds
"State Funds" means funds provided by the State for performance of the Work.
0. Subgrantee
"Subgrantee" means third-parties, if any, engaged by Grantee to aid in performance of its obligations.
P. Work
"Work" means the tasks and activities Grantee is required to perform to fulfill its obligations under this
Grant and Exhibit A, including the performance of the Services and delivery of the Goods.
Q. Work Product
"Work Product"' means the tangible or intangible results of Grantee's Work, including, but not limited
to, software, research, reports, studies, data, photographs, negatives or other finished or unfinished
documents, drawings, models, surveys, maps, materials, or work product of any type, including drafts.
5. TERM
A. Initial Term-Work Commencement
The Parties respective performances under this Grant shall commence on the Effective Date as defined
under number 2, "Effective Date and Notice of Non liability" of this Grant Agreement. This Grant shall
terminate one (I) year after the signature date of the state controller, unless sooner tem1inated or
further extended as specified elsewhere herein.
B. Notice to Proceed
Grantee shall not commence performance of the Work until the date specified by a written notice to
proceed, which may be sent by email or by hardcopy pursuit to §16.
C. State's Option to Extend Terms
The State may unilaterally require continued performance for two additional one year periods at the
same rates and same terms specified in the Grant. If the State exercises this option, it shall provide
written notice to Grantee at least 30 days prior to the end of the current Grant term in form
substantially equivalent to Exhibit G . If exercised, the provisions of the Option Letter shall become
part of and be incorporated into this Grant. The total duration of this Grant, including the exercise of
any options under this clause, shall not exceed three years.
6. SCOPE OF WORK
A. Completion
Grantee shall complete the Work and its other obligations as described herein and in Exhibits A and B
on or before the Effective Date. The State shall not be liable to compensate Grantee for any Work
performed prior to the Effective Date or after the termination of this Grant.
B.GoodsandSenn~
Grantee shall procure Goods and Services necessary to complete the Work. Such procurement shall be
accomplished using the Grant Funds and shall not increase the maximum amount payable hereunder by
the State.
FASTERGram.Ol.Jul l I -originated from approved OSC Grant template Rev 1/12/11 Page3
C. Employees
All perso ns employed by Granree or Subgrantees shall be considered Grantee's or Subgrantees
employee(s) for all purposes hereunder and sha ll not be employees of the State for any purpose as a
result of this Grant.
D. Federal Laws, Rules and Regulations
If the Grant Funds involves federal funding, Grantee understands and agrees that federal law s, rules
and regulations will control the Work and its implementation. Unless a written waiver is granted,
Grantee agrees to comply with all required federal laws, rules and regulations applicable to the Work ,
in addition to all State requirements.
E. Option for Phased Performance
The State may unilaterally require the Grantee to begin performance on the next phase of the Project as
outlined in Scope of Work in Exhibit A at the same rate and same terms specified in the Grant. If the
State exercises this option, it shall provide written notice to Grantee in a form substantially equivalent
to Exhibit. G . U exercised, the provisions of the Option Letter sha ll become part of and be incorporated
into this Grant.
7. PAYMENTS TO GRANTEE
The State shall, in accordance with the provisions of this §7, pay Grantee in the following amounts and
using the methods set forth below:
A. Maximum Amount
The maximum amount payable under this Grant to Grantee by the State i $200,000.00, as detemlined
by the State from available funds. Grantee agrees to provide any additional funds required for the
successful completion of the Work. Payments to Grantee are limited to the unpaid obligated balance of
the Grant as set forth in Exhibit A . The maximum amount payable by the State to Grantee during the
term of this Grant shall be:
GIL Account: TBD I CO Area : TBD I Fund : TBD Company Code: TBD I Vendor Number: 2000099
Functional Area: TBD Funds Center: TBD Total Encumbered Grant Amount: $250,000.00
State Fiscal Year: 2013 *Line Item: 10 .I •wos:TBD
State Funds Amount Total: $200.000.00 I Local Funds Amount Total: $50,000.00 I Total: $250,000.00
*The Line Item and WBS numbers may be replaced at COOT's discretion without a contract amendment as long as such
changes do not change the total amount of the Grant or move funds between phases ofthe Project In excess of 10%, which
shall be subject to Section 7(C).
Maximum amount payable by the State to the Grantee for each year of this Grant shall be as stated in
Exhibit A and any amendments thereto .
B. Payment
i. Advance, Interim and Final Payments
Any advance payment allowed under this Grant or in Exhibit A shall comply with State Fiscal
Rules and be made in accordance with the provisions of this Grant or such Exhibit. Grantee
shall initiate any payment requests by submitting invoices to the State in the form and manner
set forth and approved by the State.
ii. Interest
The State hall fully pay each invoice within 45 days of receipt thereof if the amount invoiced
represents performance by Grantee previously accepted by the State. Uncontested amounts not
paid by the State within 45 days may, if Grantee so requests, bear interest on the unpaid balance
beginning on the 46th day at a rate not to exceed one percent per month until paid in full;
provided, however, that interest shall not accrue on unpaid amounts that are subject to a good
faith dispute. Grantee shall invoice the State separately for accrued interest on delinquent
amounts. The billing shall reference the delinquent payment , the number of day's interest to be
paid and the interest rate.
FASTERGranLOI.Julll-originated from approved OSC Gram template Rev 1/12/11 Page4
iii. Available Funds-Contingency-Termination
The State is prohibited by law from making fiscal commitments beyond the term of the State's
current fiscal year . Therefore, Grantee's compensation is contingent upon the continuing
availability of State appropriations as provided in the Colorado Special Provisions , set forth
below. If federal funds are used with this Grant in whole or in part, the State's performance
hereunder is contingent upon the continuing availability of such funds . Payments pursuant to
this Grant shall be made only from available funds encumbered for this Grant and the State's
liability for such payments shall be limited to the amount remaining of such encumbered funds.
If State or federal funds are not appropriated, or otherwise become unavailable to fund this
Grant, the State may immediately terminate this Grant in whole or in part without further
liability in accordance with the provisions herein.
iv. Erroneous Payments
At the State's sole discretion, payments made to Grantee in error for any reason, including, but
not limited to overpayments or improper payments, and unexpended or excess funds received
by Grantee, may be recovered from Grantee by deduction from subsequent payments under this
Grant or other grants, grants or agreements between the State and Grantee or by other
appropriate methods and collected as a debt due to the State . Such funds shall not be paid to any
person or entity other than the State.
C. Use of Funds
Grant Funds shall be used only for eligible costs identified herein and/or in the Budget. Budget line
item adjustments exceeding I 0% but Jess than 24.99% must be submitted in advance of actual cost and
receive written State approval, which approval may be transmitted informally by email or such other
means that does not rise to the level of an amendment to this Grant. A budget revision of Exhibit A
will be issuedby State with any such adjustment. Adjustments in excess of 24.99% for any line item
shall be authorized by the State in an amendment to this Grant. The State's total consideration shall not
exceed the maximum amount shown herein.
D. Local Funds
Grantee shall provide Local Funds as provided in Exhibit A. Payments to Grantee of Grant Funds will
be made for Project expenditures reported by Grantee and submitted to and accepted by the State for
payment based on the ratio required State Funds and Local Funds for which Grantee has submitted to
the State.
E. Payment Compliance
All Grant reimbursements shall comply with 49 CFR I 8 Subpart C (Exhibit D) of the Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments.
Additionally , Grantee shall only be reimbursed for costs allowable under 2 CFR Part I 25 , Appendix A.
8. REPORTING -NOTIFICA TJON
Reports, Evaluations , and Reviews required under this §8 shall be in accordance with the procedures of and
in such form as prescribed by the State and in accordance with §19, if applicable.
A. Pelformance, Progress, Personnel, and Funds
Grantee shall submit a report to the State upon expiration or sooner termination of this Grant,
containing an Evaluation and Review of Grantee 's performance and the final status of Grantee 's
obligations hereunder . In addition. Grantee shall comply with all reporting requirements, if any, set
forth in the Local Agency Manual and/or this Grant.
B. Litigation Reporting
Within 10 days after being served with any plearung in a legal action filed with a court or
administrative agency, related to this Grant or which may affect Grantee's ability to perfonn its
obligations hereunder, Grantee shall notify the State of such action and deliver copies of such
pleadings to the State 's principal representative as identified herein. If the State 's principal
representative is not then serving. such notice and copies shall be delivered to the Executive Director of
COOT.
FASTERGrant.OI.Julll-origi nated from approved OSC Grant template Rev 1112/11 Pag e 5
C. Noncompliance
Grantee 's failure to provide reports and notify the State in a timely manner in accordance with this §8
may result in the delay of payment of funds and/or tennination as provided under this Grant.
D. Subgrants
Copies of any and all subgrants entered into by Grantee to perfonn its obligations hereunder shall be
submitted to the State or its principal representative upon request by the State. Any and all subgrants
entered into by Grantee related to its performance hereunder shall comply with all applicable federal
and state laws and shall provide that such subgrants be governed by the laws of the State of Colorado.
9. GRANTEE RECORDS
Grantee shall make , keep , maintain and allow inspection and monitoring of the following records:
A. Maintenance
Grantee shall make, keep , maintain , and allow inspection and monitoring by the State of a complete
file of all records. documents, communications, notes and other written materials , electronic media
files, and communications, pertaining in any manner to the Work or the delivery of Services
(including, but not limited to the operation of programs ) or Goods hereunder. Grantee shall maintain
s uch record s until the last to occur of the following : (i) a period of three years after the date thi s Grant
is completed or terminated , or (ii) final payment is made hereunder, whichever is later, or (iii) for such
further period as may be necess ary to resolve any pending matters. or (iv) if an audit is occurring, or
Grantee has received notice that an audit is pending , then until such audit ha been completed and its
finding s have been resolved (the "Record Retention Period").
B. Inspection
Grantee shall permit the State , the federal government and any other duly authorized agent of a
governmental agency to audit , inspect, examine , excerpt, copy and/or transcribe Grantee's record s
related to this Grant during the Record Retention Period for a period of three years following
termination of thi s Grant or final payment hereunder, whichever is later. to as s ure compliance with the
te rm s hereof or to e valuate Grantee's perfonnance hereunder. The State reserve s the right to inspect the
Work at all reasonable times and places during the tenn of this Grant , including any extens ion. If the
Work fail s to conform to the requirement s of this Grant, the State may require Grantee promptly to
bring the Work into confom1ity with Grant requirements, at Grantee's ole expense. If the Work cannot
be brought into conformance by re-performance or other corrective mea s ure s, the State may require
Grantee to take necessary action to en sure that future performance conforn1s to Grant requirements and
exerci se the remedies available under thi s Grant , at Jaw or inequity in lieu of or in conjunction with
s uch corrective measures.
C. Monitoring
Grantee shall pem1it the State, the federal government , and other governmental agencies having
jurisdicti o n, in the ir sole discretion , to monitor all activities conducted by Grantee pursuant to the tenns
of thi s Grant us ing any reasonable procedure. including, but not limited to : internal evaluation
procedures, examination of program data. special analyses, on-site checking, formal audit
examinations , or any other procedures . All monitoring controlled by the State shall be perfonned in a
manner that shall not unduly interfere with Grantee's performance hereunder.
D. Final Audit Report
If an audit is perfonned on Grantee 's record s for any fiscal year covering a portion o f the tenn of this
Grant, Grantee shall submit a copy of the final audit report to the State or it s principal representative at
the address specified herein .
10. CONFIDENTIAL INFORMATION-STATE RECORDS
Grantee shall comply with the provision of this §10 if it becomes privy to confidential infonnation in
connection with its performance hereunder. Confidential information , includes, but is not necessarily limited
to , any State records, personnel records , and infonnation concerning individuals. Such information shall not
include information required to be disclosed pursuant to the Colorado Open Records Act, CRS 24-72-10 I, et
seq .
FASTERGrant.OI.Jull t -o ri gi nated fro m appro ved OSC Gr ant template Rev t/1 2/t I Page 6
A. Confidentiality
Grantee shall keep aJI State records and information confidential at all times and to comply with all
laws and regulations concerning confidentiality of infonnation . Any request or demand by a third party
for State records and infonnation in the possession of Grantee shall be immedjately forwarded to the
State 's principal representative .
B. Notification
Grantee shall notify its agent, employees, Subgrantees , and assign s who may come into contact with
State records and confidential information that each is subject to the confidentiality requirements set
forth herein, and shall provide each with a written explanation of such requirements before they are
permitted to access such records and information .
C. Use, Security, and Retention
Confidential infonnation of any kind shall not be distributed or sold to any third party or used by
Grantee or its agents in any way, except as authorized by this Grant or approved in writing by the Stale .
Grantee shall provide and maintain a secure environment that ensures confidentiality of all State
record s and other confidential information wherever located. Confidential information shall not be
retained in any file s or otherwise by Grantee or its agents, except as pennitted in this Grant or approved
in writing by the State .
D. Disclosure-Liability
Disclosure of State records or other confidential information by Grantee for any reason may be cause
for legal action by third parties against Grantee, the State or their respective agents. Grantee shall
indemnify, save , and hold harmless the State, its employees and agents, against any and all claims ,
damages , liability and court awards including costs , expenses , and attorney fees and related costs ,
incurred as a result of any act or omission by Grantee, or its employees , agents , Subgrantees, or
assignees pursuant to thi s §10.
ll. CONFLICTS OF INTEREST
Grantee shall not engage in any bu siness or personal activities or practices or majmain any relationships
which conflict in any way with the full performance of Grantee 's obligations hereunder. Grantee
acknowledges that with respect to this Grant, even the appearance of a conflict of interest is hannful to the
State's interests. Absent the State's prior written approval , Grantee shall refrain from any practices ,
activities or relationship s that reasonably appear to be in conflict with the full performance of Grantee's
obligations to the State hereunder . If a conflict or appearance of a conflict exist s, or if Grantee is uncertain
whether a conflict or the appearance of a conflict of interest exists, Grantee shall submit to the State a
disclosure statement setting forth the relevant details for the State 's consideration. Failure to promptly
submit a disclosure statement or to follow the State 's direction in regard to the apparent conflict constitutes
a breach of this Gmnt.
12. REPRESENTATIONS AND WARRANTIES
Grantee make s the following specific representations and warranties , each of which was relied on by the
State in entering into this Grant.
A. Standard and Manner of Performance
Grantee shall perform its obligations hereunder in accordance with the highest standards of care , skill
and diligence in the industry, trades or profession and in the sequence and manner set forth in this
Grant.
B. Legal Authority-Grantee and Grantee's Signatory
Grantee warrants that it possesses the legal authority to enter into this Grant and that it has taken all
actions required by its procedures, by-Jaws , and/or applicable Jaws to exercise that authority , and to
lawfully authorize it s undersigned signatory to execute this Grant , or any part thereof, and to bind
Grantee to its tenns . If requested by the State , Grantee shall provide the State with proof of Grantee 's
authority to enter into this Grant within I 5 days of receiving such request.
C. Licenses, Permits, Etc.
Grantee represents and warrants that as of the Effective Date it has , and that at all time s during the term
hereof it hall have , at it s ole expen se , all licenses , certifications , appr oval , insurance , pennits, and
FASTE RG ra n1.0I.Julll -ori ginated fro m ap proved OSC Gra nt template Rev 1/12/1 1 Page 7
other authorization required by law to perform its obligations hereunder. Grantee warrants that it shall
maintain all necessary licenses, cenifications, approvals, insurance, permits, and other authorizations
required to properly perform this Grant , without reimbursement by the State or other adjustment in
Grant Fund . Additionally , all employees and agents of Grantee performing Service s under this Grant
shall hold all required licenses or certifications, if any , to perform their responsibilities. Grantee, if a
foreign corporation or other foreign entity transacting business in the State of Colorado, fun her
warrants that it currently has obtained and shall maintain any applicable certificate of authority to
transact business in the State of Colorado and ha designated a registered agent in Colorado to accept
service of process. Any revocation, withdrawal or non-renewal of licenses, certifications, approvals,
insurance, permits or any such similar requirements necessary for Grantee to properly perform the
term of this Grant shall be deemed to be a material breach by Grantee and constitute grounds for
termination of this Grant.
13. INSURANCE
Grantee and its Subgrantees shall obtain and maintain insurance as specified in thi s section at all times
during the term of this Grant. All policies evidencing the insurance coverage required hereunder shall be
issued by insurance companie atisfactory to Grantee and the State .
A. Grantee
I. Public Entities
If Grantee is a "public entity" within the meaning of the Colorado Governmental Immunity Act,
CRS §24-10-101, et seq., as amended (the "GIA''), then Grantee hall maintain at all times
during the term of this Grant such liability insurance, by commercial policy or self-insurance, as
is necessary to meet its liabilities under the GIA. Grantee shall show proof of such insurance
satisfactory to the State, if requested by the State . Grantee shall require each Grant with
Subgrantees that are public entities , providing Goods or Services hereunder, to include the
insurance requirements nece ss ary to meet Subgrantee's liabilities under the GIA.
ii. Non-Public Entities
If Grantee is not a "public entity" within the meaning of the GIA. Grantee shall obtain and
maintain during the term of this Grant insurance coverage and policies meeting the same
requirements set forth in § 13(B) with respect to Subgrantees that are not "public entities".
B. Grantee and Subgrantees
Grantee shall require each Grant with Subgrantees , other than tho e that are public entities , providing
Goods or Services in connection with this Grant, to include insurance requirements substantially similar
to the following:
i. Worker's Compensation
Worker's Compensation Insurance as required by State statute, and Employer's Liability
Insurance covering all of Grantee and Subgrantee employees acting within the course and scope
of their employment.
ii. General Liability
Commercial General Liability Insurance written on ISO occurrence form CG 00 0 I 10/93 or
equivalent, covering premises operations , fire damage , independent Subgrantees, products and
completed operations, blanket contractual liability, personal injury, and advertising liability
with minimum limits as follows : (a) $1,000,000 each occurrence; (b) $1,000,000 general
aggregate; (c) $1,000,000 products and completed operations aggregate; and (d) $50,000 any
one fire. If any aggregate limit i reduced below $1,000,000 because of claims made or paid,
Subgrantee shall immediately obtain additional insurance to restore the full aggregate limit and
furnish to Grantee a certificate or other document satisfactory to Grantee showing compliance
with this provision .
ill. Automobile Liability
Automobile Liability Insurance covering any auto (including owned, hired and non-owned
autos) with a minimum limit of $1,000,000 each accident combined single limit.
iv. Professional Liability
FASTERGrant.O I.Jultl -origi nated from approved OSC Grant template Re v 1112111 Page 8
Professional liability insurance with minimum limits of liability of not less than $1,000,000
each claim and $1,000,000 annual aggregate for both the Grantee or any Subgrantee when :
a) Contract items 625 (Construction Surveying), 629 (Survey Monumentation), or both are
included in the Grant
b) Plans, specifications, and submittaJs are required to be signed and sealed by the
Grantee's or Subgrantee's professional engineer, including but not limited to:
(I) Shop drawings and working drawings as described in subsection 105.02 of the COOT
Standards Specification for Road and Bridge Construction Manual which can be found
at: www.coloradodot.info/business/designsupport/construction-specifications/20 I 1-
Specs/20 11-Specs-Bood.pdf
(2) Mix designs
(3) Contractor perfonned design work as required by the plans and specifications
(4) Approved value engineering change proposals
v. Additional Insured
Grantee and the State shall be named as additional insured on the Commercial General Liability
and Automobile Liability Insurance policies (leases and construction Grants require additional
insured coverage for completed operations on endorsements CG 2010 11/85, CG 2037, or
equivalent).
vi. Primacy of Coverage
Coverage required of Grantee and Subgrantees shall be primary over any insumnce or self-
insurance program carried by Grantee or the State.
vii. Cancellation
The above insurance policies shall include provisions preventing cancellation or non-renewal
without at least 45 days prior notice to the Grantee and Grantee shall forward such notice to the
State in accordance with §16 (Notices and Representatives) within seven days of Grantee's
receipt of such notice.
viii. Subrogation Waiver
C. Certificates
All insurance policies in any way related to this Grant and secured and maintained by Grantee
or its Subgrantees as required herein shall include clauses stating that each carrier shall waive
all rights of recovery, under subrogation or otherwise, against Grantee or the State, its agencies,
institutions, organizations, officers, agents, employees, and volunteers.
Grantee and aJI Subgrantees shall provide certificates showing insurance coverage required hereunder to the
State within seven business days of the Effective Date of this Grant. No later than J 5 days prior to the
expiration date of any such coverage, Grantee and each Subgrantee shall deliver to the State or Grantee
certificates of insurance evidencing renewals thereof. In addition, upon request by the State at any other
time during the term of this Grant or any subgrant, Grantee and each Subgrantee shall , within 10 days of
s uch request , supply to the State evidence satisfactory to the State of compliance with the provisions of this
§13.
14. BREACH
A. Defined
In addition to an y breaches specified in other sections of this Grant, the failure of either Party to
perfonn any of its material obligations hereunder, in whole or in part or in a timely or satisfactory
manner, constitutes a breach. The institution of proceedings under any bankruptcy, insolvency,
reorganization or similar law, by or against Grantee, or the appointment of a receiver or similar officer
for Grantee or any of its property, which is not vacated or fully stayed within 20 days after the
institution or occurrence thereof, shall also constitute a breach.
B. Notice and Cure Period
ln the event of a breach, notice of s uch s hall be given in writing by the aggrieved Party to the other
Party in the manner provided in §16. If such breach is not cured within 30 days of receipt of written
notice, or if a cure cannot be completed within 30 days , or if cure of the breach has not begun within 30
days and pursued with due diligence, the State may exerci se any of the remedies set forth in §15.
FASTERGrant .Ol.Julll -origi nated fr o m approved OSC Grant template Rev 1/12/1 1 Page9
Notwithstanding anything to the contrary herein , the State, in its sole discretion, need not provide
advance notice or a cure period and may immediately terminate this Grant in whole or in part if
reasonably necessary to preserve public safety or to prevent immediate public crisis.
15. REMEDIES
If Grantee is in breach under any provision of this Grant, the State shall have all of the remedies listed in
this §15 in addition to all other remedies set forth in other sections of this Grant following the notice and
cure period set forth in §14(B), provided however, that the State may terminate this Grant pursuant to
§I 5(8) without a breach. The State may exercise any or all of the remedies available to it, in its sole
discretion, concurrently or consecutively.
A. Termination for Cause and/or Breach
If Grantee fails to perform any of its obligations hereunder with such diligence as is required to ensure
its completion in accordance with the provisions of this Grant and in a timely manner, the State may
notify Grantee of such non-performance in accordance with the provisions herein . If Grantee thereafter
fails to promptly cure such non-performance within the cure period, the State, at its option . may
terminate this entire Grant or such part of this Grant as to which there has been delay or a failure to
properly perform . Exercise by the State of this right shall not be deemed a breach of its obligations
hereunder. Grantee shall continue performance of this Grant to the extent not terminated, if any .
I. Obligations and Rights
To the extent specified in any termination notice, Grantee s hall not incur further obligations or
render further performance hereunder past the effective date of such notice, and shall terminate
outstanding orders and subgrants with third parties. However, Grantee shall complete and deliver
to the State all Work, Services and Goods not cancelled by the termination notice and may incur
obligations as are necessary to do so within this Grant 's terms. At the sole discretion of the State,
Grantee shall assign to the State all of Grantee's right, title, and interest under such terminated
orders or subgrants. Upon termination . Grantee shall take timely , reasonable and necessary
action to protect and preserve property in the possession of Grantee in which the State has an
interest. All materials owned by the State in the possession of Grantee shall be immediately
returned to the State. All Work Product, at the option of the State , shall be delivered by Grantee
to the State and shall become the State's property.
ii. Payments
The State shall reimburse Grantee only for accepted performance up to the date of termination.
If, after termination by the State, it is determined that Grantee was not in breach or that
Grantee's action or inaction was excusable, such termination shall be treated as a termination in
the public interest and the rights and obligations of the Parties shall be the same as if this Grant
had been terminated in the public interest, as described herein .
iii. Damages and Withholding
Notwithstanding any other remedial action by the State, Grantee also shall remain liable to the
State for any damages sustained by the State by virtue of any breach under this Grant by
Grantee and the State may withhold any payment to Grantee for the purpose of mitigating the
State's damages, until such time as the exact amount of damages due to the State from Grantee
i determined . The State may withhold any amount that may be due to Grantee as the State
deem necessary to protect the State, including loss as a result of outstanding liens or claims of
former lien holders , or to reimburse the State for the excess costs incurred in procuring similar
goods or services. Grantee shall be liable for excess costs incurred by the State in procuring
from third parties replacement Work, Services or substitute Goods as cover.
B. Early Termination in the Public Interest
The State is entering into this Grant for the purpose of carrying out the public policy of the State of
Colorado, as determined by its Governor, General Assembly , and/or courts. If this Grant ceases to
further the public policy of the State, the State, in its sole discretion, may terminate this Grant in whole
or in part . Exercise by the State of this right shall not constitute a breach of the State's obligations
hereunder. This subsection s hall not apply to a termination of this Grant by the State for cause or
breach by Grantee, which s hall be governed by § 15(A) or as otherwise specifically provided for herein .
FASTERGrant.OI .Julll -originated from approved OSC Grant template Re v 111211 I Page 10
i. Method and Content
The State shall notify Grantee of such termination in accordance with §16. The notice shall
specify the effective date of the termination and whether it affects all or a portion of this Gr.mt.
ii. Obligations and Rights
Upon receipt of a termination notice, Grantee shall be subject to and comply with the same
obligations and rights set forth in §15(A)(i).
iii. Payments
If this Grant is terminated by the State pursuant to this §15(B), Grantee shall be paid an amount
which bears the same ratio to the total reimbursement under this Grant as the Services
satisfactorily performed bear to the total Services covered by this Grant, less payments
previously made. Additionally, if this Grant is less than 60% completed, the State may
reimburse Grantee for a portion of actual out-of-pocket expenses (not otherwise reimbursed
under this Grant) incurred by Grantee which are directly attributable to the uncompleted portion
of Grantee's obligations hereunder; provided that the sum of any and all reimbursement shall
not exceed the maximum amount payable to Grantee hereunder.
C. Remedies Not Involving Termination
The State, in its sole discretion, may exercise one or more of the following remedies in addition to
other remedies available to it:
i. Suspend Performance
Suspend Grantee's performance with respect to all or any portion of this Grant pending
necessary corrective action as specified by the State without entitling Grantee to an adjustment
in price/cost or performance schedule. Grantee shall promptly cea e performance and incurring
costs in accordance with the State's directive and the State shall not be liable for costs incurred
by Grantee after the suspension of performance under this provision.
ii. Withhold Payment
Withhold payment to Grantee until corrections in Grantee's performance are satisfactorily made
and completed.
iii. Deny Payment
Deny payment for those obligations not performed, that due to Grantee's actions or inactions.
cannot be performed or, if performed, would be of no value to the State; provided, that any
denial of payment shall be reasonably related to the value to the State of the obligations not
performed.
iv. Removal
Demand removal of any of Grantee's employees, agents, or Subgrantees whom the State deems
incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued
relation to this Grant is deemed to be contrary to the public interest or not in the State's best
interest .
v. lnteUectual Property
If Grantee infringes on a patent, copyright, trademark, trade secret or other intellectual property
right while performing its obligations under this Grant, Grantee shall, at the State's option (a)
obtain for the State or Grantee the right to use such products and services; (b) replace any
Goods, Services, or other product involved with non-infringing products or modify them so that
they become non-infringing; or, (c) if neither of the foregoing alternatives are reasonably
available, remove any infringing Goods, Services, or products and refund the price paid
therefore to the State.
16. NOTICES and REPRESENTATIVES
Each individual identified below is the principal representative of the designating Party. All notices required
to be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to
such Party 's principal representative at the address set forth below. In addition to, but not in lieu of a hard-
copy notice, notice also may be sent by e-mail to the e -mail addresses, if any, set forth below. Either Party
may from time to time designate by written notice substitute addresses or persons to whom such notices
shall be sent. Unless otherwise provided herein , all notices shall be effective upon receipt.
FASTERGrant.Ol .Julll -originated from approved OSC Grant template Rev 111 2/J I Page II
A. State:
Raelene Shelly
Project Manager
Colorado Dept. of Transportation
2000 South Holly Street
Denver, CO 80222
(303) 757-9276
B. Grantee:
Russ Higgins
Project Manager
City of Wheat Ridge
7500 West 29th Avenue
Wheat Ridge, CO 80033
(303) 235-2869
17. RIGHTS IN DATA, DOCUMENTS, AND COMPUTER SOFTWARE
Any software, research, reports , studies, data, photographs , negatives or other documents, drawings, models,
materials, or Work Product of any type, including drafts, prepared by Grantee in the performance of its
obligations under this Grant shall be the exclusive property of the State and, all Work Product shall be
delivered to the State by Grantee upon completion or termination hereof. The State 's exclusive rights in
such Work Product shall include, but not be limited to, the right to copy, publish, display, transfer, and
prepare derivative works . Grantee shall not use, willingly aJiow, cause or permit such Work Product to be
used for any purpose other than the performance of Grantee's obligations hereunder without the prior written
consent of the State.
18. GOVERNMENTAL IMMUNITY
Notwithstanding any other provision to the contrary, nothing herein shall constitute a waiver, express or
implied, of any of the immunities, rights , benefits, protection, or other provisions of the GIA. Liability for
claims for injuries to person or property arising from the negligence of the State of Colorado, its
departments , institutions, agencies , board , officials, and employees is controlled and limited by the
provisions of the GIA and the ri k management statutes, CRS §24-30-1501, et seq., as amended.
19. STATEWIDE CONTRACT MANAGEMENT SYSTEM
If the maximum amount payable to Grantee under this Grant is $100,000 or greater, either on the Effective
Date or at anytime thereafter, this §19 applies .
Grantee agree to be governed . and to abide , by the provisions of CRS §24-1 02-205 , §24-1 02-206 , §24-1 03-
60 I, §24-1 03.5-l 0 l and §24-1 05-102 concerning the monitoring of vendor performance on state Grants and
inclusion of Grant performance information in a statewide Contract Management System .
Grantee 's performance shall be subject to Evaluation and Review in accordance with the terms and
conditions of this Grant, State Jaw, including CRS §24-103.5-1 01, and State Fiscal Rules. Policies and
Guidance. Evaluation and Review of Grantee's performance shall be part of the normal Grant administration
process and Grantee's performance will be systematically recorded in the statewide Contract Management
System. Areas of Evaluation and Review shall include, but shall not be limited to quality, cost and
timeliness. Collection of information relevant t.o the performance of Grantee's obligation under this Grant
shall be determined by the specific requirements of such obligations and shall include factors tailored to
match the requirements of Grantee's obligations . Such perfonnance information shall be entered into the
statewide Contract Management System at intervals established herein and a final Evaluation , Review and
Rating shall be rendered within 30 days of the end of the Grant tenn. Grantee shall be notified following
each performance Evaluation and Review , and shall address or correct any identified problem in a timely
manner and maintain work progress.
FASTERGrant.OI.Julll -o riginated fro m approved OSC Grant template Rev 1/12/11 Page 12
Should the final performance Evaluation and Review determine that Grantee demonstrated a gross failure to
meet the performance measures established hereunder, the Executive Director of the Colorado Department
of Personnel and Administration (Executive Director), upon request by COOT and showing of good cause,
may debar Grantee and prohibit Grantee from bidding on future Grants. Grantee may contest the final
Evaluation, Review and Rating by: (a) filing rebuttal statements, which may result in either removal or
correction of the evaluation (CRS §24-1 05-102(6)), or (b) under CRS §24-105-I 02(6), exercising the
debarment protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202, which may result in
the reversal of the debarment and reinstatement of Grantee, by the Executive Director, upon a showing of
good cause.
20. GENERAL PROVISIONS
A. Assignment and Subgrants
Grantee's rights and obligations hereunder are personal and may not be transferred, assigned or
subgranted without the prior, written consent of the State. Any attempt at assignment, transfer, or
subgranting without such consent shall be void. AJJ assignments, subgrants, or Subgrantees approved
by Grantee or the State are subject to all of the provisions hereof. Grantee shall be solely responsible
for aJI aspects of subgranting arrangements and performance.
B. Binding Effect
Except as otherwise provided in §20(A), all provisions herein contained, including the benefits and
burdens, shall extend to and be binding upon the Parties' respective heirs, legal representatives,
successors, and assigns.
C. Captions
The captions and headings in this Grant are for convenience of reference only, and shall not be used to
interpret, define, or limit its provisions.
D. Counterparts
This Grant may be executed in multiple identical original counterparts, all of which shall constitute one
agreement.
E. Entire Understanding
This Grant represents the complete integration of all understandings between the Parties and all prior
representations and understandings, oral or written, are merged herein. Prior or contemporaneous
additions, deletions, or other changes hereto shall not have any force or effect whatsoever, unless
embodied herein.
F. Indemnification-General
To the extent permitted by law, Grantee shall indemnify, save, and hold harmless the State, its
employees and agents, against any and all claims, damages, liability and court awards including costs,
expenses, and attorney fees and related costs, incurred as a result of any act or omission by Grantee, or
its employees, agents, Subgrantees, or assignees pursuant to the terms of this Grant; however, the
provisions hereof shall not be construed or interpreted as a waiver, express or implied, of any of the
immunities, rights, benefits, protection, or other provisions. of the GIA, or the Federal Tort Claims Act,
28 USC 267 I et seq., as applicable, as now or hereafter amended.
G. Jurisdiction and Venue
All suits, actions, or proceedings related to this Grant shall be held in the State of Colorado and
exclusive venue shall be in the City and County of Denver.
H. Modification
i. By the Parties
Except as specifically provided in this Gram. modifications of this Grant shall not be effective
unless agreed to in writing by the Parties in an amendment to this Grant, properly executed
and approved in accordance with applicable Colorado State law, State Fiscal Rules, and
Office of the State Controller Policies, including, but not limited to. the policy entitled
MODIFICATIONS OF CONTRACTS -TOOLS AND FORMS.
ii. By Operation of Law
FASTERGrant.OI.Julll -originated from approved OSC Grant template Rev Ill 2/1 I Page 13
This Grant is ubject to such modifications as may be required by changes in federal or
Colorado State law , or their implementing regulations. Any such required modification
automatically shall be incorporated into and be part of this Grant on the effective date of such
change, as if fully set forth herein.
I. Order of Precedence
The provisions of this Grant shall govern the relationship of the Parties. In the event of conflicts or
inconsistencies between this Grant and its exhibits and attachments including, but not limited to, those
provided by Grantee, such conflicts or inconsistencies shall be resolved by reference to the documents
in the following order of priority:
i. Colorado Special Provisions
ii. The Provision of the main body of this Grant
iii. Exhibit A (Scope of Work).
iv. Exhibit B (FASTER Program Requirements).
v. Any executed Option Letter, and
vi. Other Exhibits in descending order of their attachment.
J. Severability
Provided this Grant can be executed and performance of the obligations of the Parties accomplished
within its intent, the provisions hereof are severable and any provision that is declared invalid or
becomes inoperable for any reason shall not affect the validity of any other provision hereof.
K. Survival of Certain Grant. Terms
Notwithstanding anything herein to the contrary, provisions of this Grant requiring continued
perfonnance, compliance, or effect after tennination hereof, shall survive such termination and shall be
enforceable by the State if Grantee fails to perform or comply as required.
L.Taxes
The State is exempt from all federal excise taxes under IRC Chapter 32 (No . 84-730123K) and from all
State and local government sales and use taxes under CRS §§39-26-101 and 201 et seq. Such
exemptions apply when materials are purchased or .ervices rendered to benefit the State; provided
however. that certain political s ubdivisi o ns (e.g., City of Denver) may require payment of sales or use
taxes even though the product or service is provided to the State . Grantee shall be solely liable for
paying such taxes as the State is prohibited from paying for or reimbursing Grantee for them .
M. Third Party Beneficiaries
Enforcement of this Grant and all rights and obligation hereunder are reserved solely to the Parties.
and not to any third party . Any service or benefits which third parties receive as a result of this Grant
are incidental to the Grant, and do not create any rights for such third parties.
N. Waiver
Waiver of any breach of a term, provision , or requirement of this Grant, or any right or remedy
hereunder, whether explicitly or by lack of enforcement, hall not be construed or deemed as a waiver
of any subsequent breach of such tenn, provi ion or requirement, or of any other term, provision , or
requirement.
0. CORA Disclosure
To the extent not prohibited by federal law , this Contract and the performance mea ures and standards
under CRS §24-103.5-101. if any, are subject to public release through the Colorado Open Records
Act, CRS §24-72-101, et seq.
21. COLORADO SPECIAL PROVISIONS
These Special Provisions apply to all Grants except where noted in italics.
A. CONTROLLER'S APPROVAL. CRS §24-30-202 (1)
This Grant shall not be deemed valid until it has been approved by the Colorado State Controller or
designee.
B. FUND AVAILABILITY. CRS §24-30-202(5.5)
Financial obligation of the State payable after the current fiscal year are contingent upon funds for that
purpose being appropriated. budgeted, and otherwise made available.
FASTERGrant.OI.Ju l ll -originated fTom approved OSC Grant template Rev 1/1211 I Page 14
C. GOVERNMENTALIM~TY
No tenn or condition of this Grant shall be construed or interpreted as a waiver, express or implied, of
any of the immunities , rights, benefits, protections, or other provisions , of the Colorado Governmental
Immunity Act, CRS §24-1 0-101 et seq., or the Federal Tort Claims Act, 28 USC§§ 1346(b) and 267 I
et seq., as applicable now or hereafter amended.
D. INDEPENDENT CONTRACTOR
Grantee shall perfonn its duties hereunder as an independent contractor and not as an employee.
Neither Grantee nor any agent or employee of Grantee shall be deemed to be an agent or employee of
the State . Grantee and its employees and agents are not entitled to unemployment insurance or workers
compensation benefits through the State and the State shall not pay for or otherwise provide such
coverage for Grantee or any of its agents or employees. Unemployment insurance benefits will be
available to Grantee and its employees and agents only if such coverage is made available by Grantee
or a third party. Grantee shall pay when due all applicable employment taxes and income taxes and
local head taxes incurred pursuant to this Grant. Grantee shall not have authorization, express or
implied, to bind the State to any agreement, liability or understanding, except as expressly set forth
herein. Grantee shall (a) provide and keep in force workers' compensation and unemployment
compensation insurance in the amounts required by law, (b) provide proof thereof when requested by
the State, and (c) be solely responsible for its acts and those of its employees and agents.
E. COMPLIANCE WITH LAW
Grantee shall strictly comply with all applicable federal and State laws , rules, and regulations in effect
or hereafter established, including, without limitation , laws applicable to discrimination and unfair
employment practices.
F. CHOICEOFLAW
Colorado law , and rules and regulations issued pursuant thereto, shall be applied in the interpretation,
execution , and enforcement of this grant. Any provision included or incorporated herein by reference
which conflicts with said laws, rules , and regulations shall be null and void . Any provision
incorporated herein by reference which purports to negate thi s or any other Special Provision in wh ole
or in part shall not be valid or enforceable or available in any action at law , whether by way of
complaint , defense , or otherwise. Any provision rendered null and void by the operation of thi s
provi sion shall not invalidate the remainder of this Grant, to the extent capable of execution .
G. BINDING ARBITRATION PROHIBITED
The State of Colorado does not agree to binding arbitrat ion by any extra-judicial body or person . Any
provi ion to the contrary in this Grant or incorporated herein by reference shall be null and void .
H. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00
State or other publi c fund s payable under this Grant shall not be used for the acquisition , operation , or
maintenance of computer software in violation of federal copyright laws or applicable licensing
restriction s. Grantee hereby certifies and warrants that , during the term of this Grant and any
extensions , Grantee has and shall maintain in place appropriate systems and controls to prevent such
improper use of public funds . If the State determines that Grantee is in violation of this provision, the
State may exercise any remedy available at law or in equity or under this Grant , including, without
limitation , immediate tennination of this Grant and any remedy consistent with federal copyright laws
or applicable licensing restrictions .
I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS §§24-18-201 and 24-S0-
507
The signatories aver that to their knowledge , no employee of the State has any personal or beneficial
interest whatsoever in the service or property described in this Grant. Grantee has no interest and shall
not acquire any intere st, direct or indirect , that would conflict in any manner or degree with the
perfonnance of Grantee 's services and Grantee shall not empl oy any person having such known
interests.
J. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4
[Not applicable to intergovemmenJal agreements] Subject to CRS §24-3 0-202.4 (3.5), the State
Controller may withh old payment under the State's vendor offset intercept system for debt s owed to
FAST E RGrant.OI.Jul l l -origin ated from approved OSC Grant te mpla te Rev 111 21 11 Page 15
State agencies for : (a) unpaid child support debts or child support arrearages ; (b) unpaid balance of tax,
accrued interest, or other charges specified in CRS §39-2 I-I 0 I, et seq.; (c) unpaid loans due to the
Student Loan Division of the Department of Higher Education: (d) amounts required to be paid to the
Unemployment Compensation Fund ; and (e) other unpaid debts owing to the State as a result of final
agency determination or judicial action.
K. PUBLIC GRANTS FOR SERVICES. CRS §8-17.5-101
[Not applicable to agreements relating to tile offer, issuance, or sale of securities, investment
advisory services or fund management services, sponsored projects, intergovernmen.lal agreements,
or information technology services or products and services] Grantee certifies, warrants , and agrees
that it does not knowingly employ or contract with an illegal alien who will perform work under this
Grant and will confirm the employment eligibility of all employees who are newly hired for
employment in the United States to perform work under this Grant, through participation in the E-
Verify Program or the State program established pursuant to CRS §8-17.5-102(5)(c), Grantee shall not
knowingly employ or contract with an illegal alien to perform work under this Grant or enter into a
grant with a Subgrantee that fail s to certify to Grantee that the Subgrantee shall not knowingly employ
or contract with an illegal alien to perfonn work under this Grant. Grantee (a) shall not useE-Verify
Program or State program procedures to undertake pre-employment screening of job applicants while
this Grant is being performed , (b) shall notify the Subgrantee and the granting State agency within
three days if Grantee has actual knowledge that a Subgrantee is employing or contracting with an
illegal alien for work under this Grant, (c) shall terminate the subgrant if a Subgrantee does not stop
employing or contracting with the illegal alien within three day s of receiving the notice , and (d) shall
comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS
§8 -17 .5-I 02 (5), by the Colorado Department of Labor and Employment. If Grantee participates in the
State program , Grantee shall deliver to the granting State agency , Institution of Higher Education or
political subdivision , a written , notarized affirmation , affirming that Grantee ha examined the legal
work status of such employee, and shaJJ comply with all of the other requirement of the State
program . If Grantee fails to comply with any requirement of this provision or CRS §8-17 .5-101 et seq .•
the granting State agency , in stitution of higher education or political subdivisi on may terminate thi
Grant for breach and , if so terminated, Grantee shall be liable for damages.
L. PUBLIC GRANTS WITH NATURAL PERSONS. CRS §24·76.5-101
Grantee, if a natural person eighteen (18) years of age or older, hereby swears and affirms under
penalty of perjury that he or she (a) is a citizen or otherwi se lawfully present in the United States
pursuant to federal law, (b) shall comply with the provisions of CRS §24-76.5 -101 et seq., and (c) ha s
produced one form of identification required by CRS §24-76.5-1 03 prior to the effective date of thi s
Grant.
SPs Effective 1/1 /09
FASTE RGrant.O I .Jull I -o ri gin ated from appro ved OSC Gra nt te mplate Rev 1/12/11 Page 16
22. SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS GRANT
• Persons signing for Grantee hereby swear and affirm that they are authorized to act on Grantee's behall and acknowledge that
the State is relying on their representations to that ell'ect.
GRANTEE STATE OF COLORADO CITY OF WHEAT RIDGE John W. HickenJooper, Governor
Colorado Department of Transportation
Donald E. Hunt-Executive Director
•Signature
By: Donald E. Hunt, COOT Executive Director
Signatory avers to the State Controller or delegate that
Date: Grantee has not begun performance or that a Statutory
Violation waiver has been requested under Fiscal Rules
Date:
2nd Grantee Signature if Needed LEGAL REVIEW
By: John W. Suthers , Attorney General
Print Name of Authorized Individual
By :
Title: Signature -Assistant Attorney General
Print Title of Authorized Individual
Date:
*Signature
Date :
ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to approve all State grants. TbJs Grant is not valid untU signed and dated below by
the State Controller or delegate. Grantee Is not authorized to begin performance until such time. If Grantee begins performing
prior thereto, the State or Colorado is not obligated to pay Grantee for such performance or for any goods and/or senices
provided bereunder.
STATE CONTROLLER
David J. McDermott, CPA
By: __________________________________ ___
Colorado Department of Transportation
Date: ________ _
FASTERGrant.OI.Julll-originated from approved OSC Grant template Rev 1112111 Page 17
EXHIBIT A-SCOPE OF WORK
Program Overview
The City of Wheat Ridge is located in Jetferson County, in the state of Colorado, and is a suburb of Denver. The Regional
Transportation District (RTD) provides public transpon.ation services within the City of Wheat Ridge. The City is required
to maintain certain public transponation facilities for RTD. The City's private bus bench contractor maintains up to 60 bus
stop sites but does not provide courtesy benches throughout the city. The City has taken responsibility for the remaining bus
stops to install bus benche due to the high ridership use at those sites.
Project Overview
In keeping up with the required maintenance of public transportation facilities. it is necessary for the City of Wheat Ridge
to purchase and install bus benches for several locations throughout the City. The locations of the proposed bus benches
will need some concrete pad installation in order to install the benches. The bus benches will be placed at bus stops that do
not already have a bus shelter or a bus bench and will be within public right-of-way. The purchase and installation of up to
38 bus benches with trash receptacles is expected to cost $250.000.00. with $200,000.00 from the State of Colorado
through COOT and $50,000.00 from the City of Wheat Ridge.
Project Budget and. Funding
The total budget for this project is $250,000.00. $200,000.00 will be from FASTER State funds with a local match of
$50,000.00 from the City of Wheat Ridge comprising the balance. The City of Wheat Ridge has the nece sary cash for the
match and the City Council will approve the expenditure of funds for the FASTER contribution.
Procurement
Procurement ofthis project will be through competitive bid which will comply with the State of Colorado procurement
policies and procedures.
Ongoing Operational Funding
The operational expenses for the bus benches will be paid primarily with the City of Wheat Ridge's maintenance funds .
Project Measurement and Certification
The project will improve the bus stops for the riders of the public transportation system, thereby increasing ridership of the
public transportation system.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
FASTERGrant.OI.Julll -originated fro m approved OSC Grant template Rev 1/12/11 Exhibit A-I
EXHffiiT B-FASTER PROGRAM REQUIREMENTS
l. PROJECT PAYMENT PROVISIONS
A. The State will reimburse the Grantee for incurred costs relative to the Project following the State's
review and approval of such charges, subject to the tenns and conditions of this Grant. Provided,
however, that charges incurred by the Grantee prior to the Effective Date of this Grant will not be
charged by the Grantee to the Project, and will not be reimbursed by the State.
B. The State will reimburse the Grantee's reasonable, allocable, allowable costs of perfonnance of the
Work, not exceeding the maximum total of this Grant. The applicable principles described in Exhibit D
shaU govern the allowability and allocability of costs under this Grant. The Grantee shall comply with
all such principles. To be eligible for reimbursement, costs by the Grantee shall be:
i. in accordance with the provisions, tenns and conditions of this Grant;
ii. necessary for the accomplishment of the Work;
iii. reasonable in the amount for the Goods and Services provided;
iv. actual net cost to the Grantee (i.e. the price paid minus any refunds, rebates, or other items of
value received by the Grantee that have the effect of reducing the cost actually incurred);
v. incurred for Work perfonned after the Effective Date of this Grant; and
vi. satisfactorily documented.
Examples of ineligible costs include:
i. Staff or administrative overhead costs of the Grantee, unless specifically allowed for in the
Scope of Work;
ii. Fines and penalties; and
iii. Entertainment expenses.
C. The Grantee shall establish and maintain a proper accounting system in accordance with generally
accepted accounting standard and principles (a separate set of accounts, or as a separate and integral
part of its current accounting scheme) to assure that Grant Funds are expended and costs accounted for
in a manner consistent with this Grant and Project objectives:
i. All allowable costs charged to the Project, including any approved services contributed by the
Grantee or others, shall be supported by properly executed payrolls, time records , invoices,
grants or vouchers evidencing in detail the nature of the charges .
ii. Any check or order drawn up by the Grantee, including any item which is or will be chargeable
against the Project account shall be drawn up only in accordance with a properly signed
voucher then on file in the office of the Grantee. which will detail the purpose for which said
check or order is drawn. All checks, payrolls, invoices, grants, vouchers, orders or other
accounting documents shall be clearly identified, readily accessible, and to the extent feasible,
kept separate and apart from all other such documents.
D. The Grantee will prepare and submit to the State, no more than monthly, charges for costs incurred
relative to the Project. The Grantee 's invoices shall include a description of the amounts of Services
performed, the dates of perfonnance and the amounts and description of reimbursable expenses. The
invoices will be prepared in accordance with the State 's standard policies, procedures and standardized
billing fonnat to be supplied by the State.
E. To be eligible for payment , billings must be received within 60 days after the period for which payment
is being requested and final billings on this Grant must be received by the State within 60 days after
tennination of this Grant.
i. Payments pursuant to this Grant shall be made in whole or in part, from available funds,
encumbered for the purchase of the described services. If this Grant is terminated , final
payment to the Grantee may be withheld at the discretion of the State until completion of final
audit.
FASTERGrant.O I.Julll -originated from approved OSC Grant templat e Rev 1/1 21 11 Exhibit B-l
2. STATE AND GRANTEE COMMITMENTS
COOT and the Grantee also agree to ensure the Project i completed within the applicable design and
construction standards in accordance with Exhibit F-State and Grantee Commitments.
3. PROCURMENT STANDARDS
The Grantee agrees to carry out its procurements consistent with the general procurement standards of the
State. The Grantee agrees to follow the general procurement standards set forth in Exhibit E.
4. CONFORMANCE WITH LAW
The Grantee and its agent(s) will adhere to all applicable state and federal laws, Executive Orders and
implementing regulations as they currently exist and may hereafter be amended . Further, the Grantee agrees
to comply with the intent and requirements of the National Environmental Policy Act (NEPA) regardless of
whether or not there is federal funding involved. as is consistent with COOT's Environmental Stewardship
Guide.
S. NON DISCRIMJNA TION
The Grantee agrees to comply with and ensure any Subgrantees comply with, the requirements of:
A. The American with Disabilities Act , Title n, and its implementing regulations--28 CFR Part 35 , and 49
CFR parts 27,37 and 38; and
B. The Civil Rights Act of 1964 , Titles VI and Vll. and their implementing regulations.
6. STATE INTEREST This section applies if box checked !ZI
The Grantee understands and agrees that the State retains a State interest in any real property. or equipment
financed with State assistance (Project property) until, and to the extent that the State relinqui shes it State
interest in that Project property , as described in Exhibit A. All State interest in real property or equipment
shall survive termination. expiration or cancellation of this Grant. With respect to any Project property
financed with State assistance under this Grant , the Grantee agrees to comply with the following :
A. Use of Project Property. The Grantee agrees to use Project property for appropriate Project purposes
for the duration of the useful life of that property , as required by the State and set forth in the scope.
Should the Grantee unreasonably delay or fail to use Project property during the useful life of that
property, the Grantee agree that it may be required to return the entire amount of the State assistance
expended on that property . The Grantee further agrees lO notify the State immediately when any Project
property is withdrawn from Project use or when any Project property i used in a manner ubstantially
different from the representations the Grantee has made to COOT.
B. Maintenance. The Grantee agrees to maintain Project property in good operating order to the State 's
satisfaction.
C. Records . The Grantee agrees to keep satisfactory records pertaining to the use of Project property, and
ubmit to the State upon request such information as may be required to assure compliance with this
Section .
D. Encumbrance of Project Property . The Grantee agrees to maintain satisfactory continuing control of
Project property as follows:
i. Written Transactions . The Grantee agrees that it will not execute any transfer of title, lease, lien,
pledge, mortgage , encumbrance , third party grant, subgrant, grant anticipation note, alienation,
innovative finance arrangement (such as a cro ss border lease, leveraged lease , or otherwise), or
any other obligation pertaining to Project property , that in any way would affect the continuing
State interest in that Project property.
FASTERGrant.O I.Julll -originated from approved OSC Grant template Rev 1/12111 Exhibit B-2
ii. Oral Transactions. The Grantee agrees that it will not obligate itself in any manner to any third
party with respect to Project property.
iii. Other Actions. The Grantee agrees that it will not take any action adversely affecting the State
interest in or impair the Grantee's continuing control of the use of Project property.
E. Transfer of Project Property. The Grantee understands and agrees as follows:
i. Grantee Request. The Grantee may transfer any Project property financed with State assistance
to another public body or private nonprofit entity to be used for the same purpose set forth
herein with no further obligation to the State Government, provided the transfer is approved by
the State in writing.
ii. State Government Direction. The Grantee agrees that the State may direct the disposition of,
and even require the Grantee to transfer, title to any Project property financed with State
assistance under this Grant if it i found that the Project property is not being used for the
intended purpose as stated in the Scope of Work.
iii. Leasing Project Property to Another Party. If the Grantee leases any Project property to another
party, the Grantee agrees to retain ownership of the leased Project property, and assure that the
lessee will use the Project property appropriately, either through a written lease between the
Grantee and lessee, or another similar document. consistent with the Project purpose set forth
herein. Upon request by the State, the Grantee agrees to provide a copy of any relevant
documents.
F. Disposition of Project Property. The Grantee agrees that the State may establish the useful life of
Project property, and that it will use Project property continuously and appropriately throughout the
useful life of that property.
i. Project Property Prematurely Withdrawn from Use. For Project property withdrawn from
appropriate use before its useful life has expired, the Grantee agrees as follows:
c) Notification Requirement. The Grantee agrees to notify the State immediately when any
Project property is prematurely withdrawn from appropriate use, whether by planned
withdrawal, misuse, or casualty Joss.
d) Calculating the Fair Market Value of Prematurely Withdrawn Project Property. The
Grantee agrees that the State retains a State interest in the fair market value of Project
property prematurely withdrawn from appropriate use. The amount of the State interest
in the Project property shall be detennined by the ratio of the State assistance awarded
for the property to the actual cost of the property. The Grantee agrees that the fair
market value of Project property prematurely withdrawn from use will be calculated as
follows:
(1) Equipment. The Grantee agrees that the fair market value of Project equipment
and supplies shall be calculated by straight-line depreciation of that property,
based on the useful life of the equipment as established or approved by the
State. The fair market value of Project equipment shall be the value
immediately before the occurrence prompting the withdrawal of the equipment
or supplies from appropriate use. In the case of Project equipment lost or
damaged by fire, casuaJty, or natural disaster, the fair market value shall be
calculated on the basis of the condition of that equipment or supplies
immediately before the fire, casualty, or natural disaster, irrespective of the
extent of insurance coverage.
(2) Real Property. The Grantee agrees that the fair market value of real property
shall be detennined either by competent appraisal based on an appropriate date
approved by the State, or by straight line depreciation, whichever is greater.
(3) Exceptional Circumstances. The Grantee agrees that the State may require the
u e of another method to determine the fair market value of Project property. In
FASTERGrant.OI.Julll -originated from approved OSC Grant template Rev 1112/11 Exhibit B-3
unusual circumstances, the Grantee may request that another reasonable
valuation method be used including, but not limited to, accelerated
depreciation, comparable sales, or established market values. In determining
whether to approve such a request, the State may consider any action taken,
omission made, or unfortunate occurrence suffered by the Grantee with respect
to the preservation of Project property withdrawn from appropriate use.
e) Financial Obligations to the State. The Grantee agrees to remit to the State the State
interest in the fair market value of any Project property prematurely withdrawn from
appropriate use. In the case of fire, casualty, or natural di saster. the Grantee may fulfill
its obligations to remit the State interest by either:
(1) Investing an amount equal to the remaining State interest in like-kind property
that is eligible for assistance within the scope of the Project that provided State
assistance for the Project property prematurely withdrawn from use; or
(2) Returning to the State an amount equal to the remaining State interest in the
withdrawn Project property.
G. State Interest-Project. The State shall protect its interest in the equipment being obtained with Grant
Funds.
H. Insurance Proceeds. If the Grantee receives insurance proceeds as a result of damage or destruction to
the Project property, the Grantee agrees to:
i. Apply those insurance proceed to the cost of replacing the damaged or destroyed Project
property taken out of service, or
ii. Return to the State an amount equal to the remaining State interest, based on straight line
depreciation, in the damaged or destroyed Project property.
1. Misused or Damaged Project Property. If any damage to Project property results from abuse or
misu e occurring with the Grantee's knowledge and consent, the Grantee agree to restore the Project
property to its original condition or refund the value of the State interest, based on straight line
depreciation , in that property, as the State may require.
J, Responsibilities After Project Closeout. The Grantee agrees that Project closeout by the State will
not change the Grantee's Project property management responsibilities as stated in this Section of the
Grant.
7. RAILROADS This section applies if box checked 0
In the event the Project involve modification of a railroad company's facilities whereby the Work is to be
accomplished by railroad company forces, the Grantee shall make timely application to the Public Utilities
Commission requesting its order providing for the installation of the proposed improvements and not proceed
with that part of the Work without compliance. The Grantee shall also establish contact with the railroad
company involved for the purpose of complying with applicable provisions of 23 CFR 646, subpart B.
concerning State or Federal-aid projects involving railroad facilities, including:
A. Executing an agreement setting out what work is to be accompli hed and the location(s) thereof, and
that the costs of the improvement shall be eligible for federal participation .
B. Obtaining the railroad's detailed estimate of the cost of the Work.
C. Establishing future maintenance responsibilities for the proposed installation.
D. Proscribing future use or di positions of the proposed improvements in the event of abandonment or
elimination of a grade crossing.
E. Establishing future repair and/or replacement responsibilities in the event of accidental destruction or
damage to the installation .
FASTERGrant .OJ.J ulll-orig inat ed fr o m approved OSC Grant template Rev 1/12111 Exhibit B-4
8. UTILITIES, ACCESS, RIGHT OF WAY This section applies if box checked [81
A. UtiUties. 0 If necessary, the Grantee will be responsible for obtaining the proper clearance or approval
from any utility company, local, State, or federal government agency, or other entity which may become
involved in this Project. COOT will reasonably assist Grantee in this regard in all cases in which CDOT
is in a unique position to do so, provided that in no case will COOT be required to expend State funds to
provide such assistance. Prior to this Project being advenised for bids, the Grantee will certify in writing
to the State that aiJ such clearances have been obtained.
B. Access. fZ1 The Grantee shall be responsible for obtaining an access permit from COOT Region
offices. The Grantee shall be responsible for obtaining a use and occupancy permit from the State. Prior
to this Project being advertised for bids, the Grantee will certify in writing to the State that all such
clearances have been obtained.
C. Right of Way. 0 The parties acknowledge that the Project is for the mutual benefit of the Grantee and
COOT, and that it shall be constructed on State right of way. As a result of the Project being constructed
on State right of way, the Grantee shall be responsible for obtaining an approved Interchange Approval
consistent with CDOT Policy Directive 1601. The Grantee shall also be responsible for executing a
grant with CDOT that addresses how construction oversight shall be coordinated and carried out.
If the Project includes right of way, prior to this Project being advertised for bids, the Grantee will
certify in writing to the State that all right of way has been acquired in accordance with the applicable
State and federal regulations, or that no additional right of way is required.
Any acquisition/relocation activities must comply with all federal and state statutes, regulations, CDOT
policies and procedures, 49 CFR Part 24, the Uniform Act government-wide regulation-, the FHW A
"Project Development Guide" and COOT's "Right of Way Operations Manual''.
Allocation of responsibilities can be as follows:
• Federal participation in right of way acquisition (311 I charges), relocation (3109 charges) activities,
if any, and right of way incidentals (expenses incidental to acquisition/relocation of right of way -
31 14 charges);
• Federal participation in right of way acquisitjon (31 I I charges), relocation (31 09 charges) but no
participation in incidental expenses (31 14 charges); or
• No federal participation in right of way acquisition (3111 charges) and relocation activities (31 09
expenses).
Regardless of the option selected above, the State retains oversight responsibilities. The Grantee's and the
State's responsibilities for each option is specifically set forth in CDOT's Right of Way Operation Manual.
The manual is located at http ://www.dot.state.co.us!ROW Manual/.
9. DISADVANTAGE BUSINESS ENTERPRISE ("DBE") EFFORTS
The State encourages the Grantee to utilize small businesses owned by minorities, women and
disadvantaged individuals to the greatest extent possible without sacrificing adequate competition. The
Grantee is reminded of the illegality of discrimination and of the need to take all necessary and reasonable
steps to ensure non-discrimination in the area of contracting and procurement and to create a level playing
field where small minority, women, and disadvantaged businesses can compete fairly in COOT assisted
contracts and procurements. This policy specifically upholds the Transportation Commission's commitment
to fair and equitable business practices and is supported by COOT's small business development programs.
FASTERGrant.OI.Julll -originated from approved OSC Granllcmplate Rev 1/12111 Exhibit B-5
The COOT Center for Equal Opponunity (EO) can provide list of qualified DBEIMBFJWBE vendors as
well as other technical assistance. Inquiries can be directed to the Director of Center for Equal Opponunity
or Business Team Supervisor at 303-757-9234.
10. MAINTENANCE OBLIGATIONS This section applies if box checked [8l
The Grantee will maintain and operate the improvements constructed under this Grant at its own cost and
expense during their useful life. in a manner reasonably satisfactory to the State. The Grantee will make
proper provisions for such maintenance obligations each year. Such maintenance and operations shall be
conducted in accordance with all applicable statutes. ordinances and regulations which define the Grantee's
obligations to maintain such improvements. The State may make periodic inspections of the Project to
verify that such improvements are being adequately maintained.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
FASTERGrant.O I.Julll -originated from approved OSC Grant template Rev 1/12/1 I Exhibit B-6
EXHIBIT C-GRANTEE PAYMENT CHECKLIST
Grantee Payment Checklist 01/19/2011
This checklist is to assist the Grantee in preparation of its billing packets to COOT. This checklist is
provided as guidance and is subject to change by CDOT. COOT shall provide notice of any such changes
to Grantee. All items may not apply to your particular entity. COOT's goal is to reimburse Grantees as
quickly as possible and a well organized and complete billing packet helps to expedite payment.
);> Information to be included on the Invoice from the Grantee:
./ PO Number
./ WBS
./ Section/Program Number
./ Name
./ Address
./ Phone Number
./ Invoice Number
./ Billing Period
./ Total Amount of Grant, Previous Grant Balance, Total Eligible Expenses, Federal Share, Local
Fund, New Gram Balance and Total Amount to be Reimbursed to Grantee
./ Signature of Grantee Financial Representative
);> Copies of invoices from the Grantee Subgrantees (Tier I and some Tier lis)
./ Include a copy of the specific document the Subgrantee used to invoice the Grantee. The Grantee is
responsible for ensuring that the backup matches the invoice and is eligible for reimbursement.
./ The COOT grant manager will review and determine if the Grantee expenses are eligible for
reimbursement.
./ If the Grantee pays the Subgrantee a discounted amount, the full amount cannot be reimbursed to
the Grantee. The Grantee will only be reimbursed up to the actual amount paid to the Grantee's
Subgrantee .
./ Please ensure that all payment vouchers include some notation of when it was paid or approved for
payment.
./ Jnvoice(s) should match the check amount. An additional explanation and documentation is required
for any variances .
./ Estimates, statements and emails are not acceptable in lieu of an invoice copy.
);> Copies of checks (All Tiers)
./ All of the following are acceptable -copies of checks, check registers, approved accounting system
generated expenditure ledgers showing the amount paid, the check number or electronic funds
transfer ("EFT') and the date paid .
./ COOT needs to ensure that expenditures incurred by the Grantee have been paid by the Grantee
before CDOT is invoiced by the Grantee.
);> Expenditure ledger (All Tiers)
./ An expenditure ledger needs to be submitted from the Grantee's financial accounting system. The
report should display the accounting system information, date of the report, accounting period,
current period transactions, and the account coding for all incurred expenditures. Excel spreadsheets
are not approved expenditure reports. However, an additional excel spreadsheet may be required in
order to explain any variances between the expenditure and the amount eligible for reimbursement.
FASTERGrant.O J.Julll -originated from approved OSC Grant template Rev 1/12/11 Exhibit C-1
./ CFR 49 part 18 Section 18.20 Standards for Financial Management Systems, requires theGrantee to
have approved accounting systems so this should not be difficult to generate by cost center specific
to the reimbursable Project. The expenditure report is a good summary page if there is substantial
documentation .
./ lf the Grantee has copies of the invoice(s) and check(s), you do not need the expenditure ledger
also, but the invoices must be marked as approved for payment.
? Timesheets (Tier I and some Tier lis)
./ Timesheets should show a breakdown of all hours and all Projects worked for the day, week, month
or time collection period . The timesheet must also be signed or approved either in ink or
electronically. If an electronic approval occurs, the supervisors' signature will be required on the
electronic time report submitted for reimbursement.
./ Backup documentation for payroll expenses includes the timesheet, an hourly or salary rate and a
payroll ledger indicating total hours, wages, and benefits. If there is sensitive information such as
social security numbers or addresses, please block or delete that information prior to submitting it.
~ In kind match -If a Grantee wishes to use in-kind match, it must be approved by COOT prior to any
work taking place. (All Tiers)
./ lf an in kind match is being used for the local funds the in-kind portion of the Project must be
included in the scope of work attached to the Grant or purchase order. Ff A does not require pre-
approval of inkind, but FHW A and COOT do .
./ Documentation such as an invoice copy, time sheet, etc. is still required for all in-kind transactions.
The documentation varies depending on the source of the in-kind .
./ Expenditure ledger from the Grantee must also show the in kind match in their general ledger .
./ If the Grantee i using in kind match, they also need to attach a drawdown schedule indicating how
much in-kind match wa received, the date they received it, how much has been applied to the
current invoice and how much has been carried forward. The carry forward balance for in -kind
expires when the Grant term expires .
./ Full documentation will be required on the use of in -kind match, regardless of the Tier held by the
Grantee.
).. Indirect costs-If a Grantee wishes to use indirect costs, the rate must be approved by COOT prior to
applying it to the reimbursements (All Tiers)
If indirect costs are being requested, please submit an approved indirect Jetter provided by either COOT or
another State of Colorado agency. The Jetter must state what indirect costs are allowed, the approved rate
and the time period for the approval. The indirect cost plan must be reconciled annually and an updated
Jetter submitted each year thereafter.
THE REST OF TffiS PAGE INTENTIONALLY LEFT BLANK
FASTERGranl.O I.Julll -orig inated from approved OSC Grant template Rev 1/12/11 Exhibit C-2
EXHIBIT D-C-49 CFR 18 SUBPART C
This Exhibit D includes select applicable provisions as they exist or as of the Effective Date. Grantee is
responsible for compliance with all State and federal laws, rules and regulations as they currently exist
and may hereafter be amended.
Financial Administration
Sec. 18.20 Standards for financial management systems.
(a) A State must expend and account for grant funds in accordance with State laws and procedures for
expending and accounting for its own funds . Fiscal control and accounting procedures of the State, as
well as its subgrantees and cost-type contractors, must be sufficient to-
(I) Permit preparation of reports required by this part and the statutes authorizing the grant. and
(2) Permit the tracing of funds to a level of expenditures adequate to establish that such funds have not
been used in violation of the restrictions and prohibitions of applicable statutes.
(b) The financial management systems of other grantees and subgrantees must meet the following
standards:
(I) Financial reporting. Accurate , current, and complete disclosure of the financial results of financially-
assisted activities must be made in accordance with the financial reporting requirements of the grant or
subgrant.
(2) Accounting records . Grantees and subgrantees must maintain record s which adequately identify the
source and application of funds provided for financially assisted activities. These records must contain
information pertaining to grant or subgrant awards and authorizations, obligations, unobligated
balances , assets, liabilities, outlays or expenditures, and income.
(3) Internal control. Effective control and accountability must be maintained for all grant and subgrant
cash, real and personal property, and other assets. Grantees and subgrantees must adequately safeguard
all such property and must assure that it is used solely for authorized purposes.
(4) Budget control. Actual expenditures or outlays must be compared with budgeted amounts for each
grant or subgrant. Financial information must be related to performance or productivity data , including
the development of unit cost information whenever appropriate or specifically required in the grant or
subgrant agreement. If unit cost data are required , estimates based on available documentation will be
accepted whenever possible.
(5) Allowable cost. Applicable OMB cost principles, agency program regulation s, and the terms of grant
and subgrant agreements will be followed in determining the reasonableness , allowability, and
allocability of costs.
(6) Source documentation . Accounting records must be supported by such source documentation as
cancelled checks, paid bills, payrolls, time and attendance record s. contract and subgrant award
documents , etc .
Sec. 18.22 Allowable costs.
(a) Limitation on use of funds . Grant funds may be used only for:
FASTERGrant.OI.Julll -originated from approved OSC Grant template Rev 1/12/11 Exhibit D-1
(I) The allowable costs of the grantees, subgrantees and cost-type contractors, including allowable costs
in the form of payments to fixed-price contractors; and
(2) Reasonable fees or profit to cost-type contractors but not any fee or profit (or other increment above
allowable costs) to the grantee or subgrantee.
(b) Applicable cost principles. For each kind of organization, there is a set of federal principles for determining
allowable costs. Allowable costs will be determined in accordance with the cost principles applicable to the
organization incurring the costs. The following chart lists the kinds of organizations and the applicable cost
principles.
For the costs of a
State, local or Indian tribal government.
Private nonprofit organization other than an (I) institution of
higher education, (2) hospital, or (3) organization named in
OMB Circular A I 22 as not subject to that circular.
Educational institutions.
For-profit organization other than a hospital and an
organization named in OMB Circular A 122 as not subject to
that circular.
Use the principles in--
OMB Circular A-87.
OMB Circular A-122.
OMB Circular A-21.
48 CFR part 31. Contract Cost Principles and
Procedures, or uniforn1 cost accounting
standards that comply with cost principles
acceptable to the federal agency.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
FASTERGrani.O I.Jull I -originated fr o m approved OSC Grant template Rev 1/12/1 I Exhibit D-2
EXHffiiT E-GENERAL PROCUREMENT STANDARDS
This Exhibit E includes select applicable provisions as they exist or as of the Effective Date. Grantee is
responsible for compliance with all State and federal laws, rules and regulations as they currently exist
and may hereafter be amended.
General Procurement Standards
I. Maintain a contract administration system which ensures that contractors perform in accordance
with the terms, conditions, and specifications of the contract or purchase order.
2. Maintain a written code of standards of conduct governing the performance of their employees
engaged in the award and administration of contracts.
3. Maintain procedures that provide for the review of proposed procurements to avoid purchase of
unnecessary or duplicative items.
4 . Use value engineering clauses in contracts for construction projects of sufficie nt size to offer
reasonable opportunities for cost reductions.
5. Make awards only to responsible contractors possessing the ability to perform successfully under
the terms and conditions of the proposed procurement. Consideration shall be given to such matters
as contractor integrity, compliance with public policy, record of past performance, and financial and
technical resources.
6. Maintain records sufficient to detail the significant history of the procurement. Including:
a. Rationale for the method of procurement ;
b . Selection of contract type:
c. Contractor selection or rejection;
d . Basis for the contract price; and
e. Other.
7. Maintain protest procedures to handle and resolve disputes relating to procurements.
8. All procurement transactions shall be conducted in a manner providing full and open competition.
9. Maintain written selection procedures for procurement transactions.
I 0. Ensure that all pre-qualified li s t of persons, firms, or products which are used in acquiring goods
and services are current and include enough qualified sources to ensure maximum open and free
competition.
I I . Method of procurements to be followed:
a. Small Purchase-is a relatively simple and informal procurement method for securing services,
supplies, or other property that do not cost more than $150,000.00. If small purchase procedures
are used, price or rate quotation shall be obtained from at lease three sources. Quotations will be
in writing if for goods in excess of $10,000 and if for services in exce s of $25,000.00.
b. Formal Sealed Bids -are publicly solici ted and a firm-fixed-prices (lump sum or uni t price) is
awarded to the responsible bidder whose bid, conforming with all the material terms and
conditions of the invitation for bids, is the lowest in price. This method is preferred for
procuring construction. If this method is used, the following requirements apply:
1. Must be publicly advertised;
ii. Must give at least 14 days for bidders to respond;
iii. Must include any specifications and pertinent attachments to all bidders to respond
properly;
FASTERGrant.OI.Julll -orignated from approved OSC Grant template Rev 1112111 Elthibit E·l
iv. All bids will be publicly opened at the time and place prescribed in the invitation for
bid;
v. A firm fixed-price contract award will be made in writing to the lowest responsive and
responsible bidder; and
vi. Any or all bids may be rejected if there is a sound documented reason.
c. Competitive Proposals-are generally used when conditions are not appropriate for the use of
sealed bids. If this method is used, the following requirements apply:
1. Request for proposals will be publicized;
11. Identify all evaluation factors and their relative importance;
iii. Proposals will be solicited from an adequate number of qualified sources;
iv . Have a method for conducting technical evaluation of the proposals received and for
selecting awardees;
v. Awards will be made to the responsible finn whose proposal is most advantageous to
the program, with price and other factors considered; and
v1. May be used for qualifications-based procurement of architectural/engineering
professional services whereby competitors' qualifications are evaluated and the most
qualified competitor is selected. Note-the method, where price is not used as a
selection factor, can only be used in procurement of AlE professional services. It cannot
be used to purchase other types of services through AlE firms. See also Exhibit I for
procurement of AlE professional ervices.
d. Noncompetitive Proposals -may be used only when the award of a contract is infeasible under
the other three methods and the following circumstances applies:
i. The item is available only from a single source;
ii. The public exigency or emergency for the requirement will not permit a delay resulting
from competitive solicitation;
iii . The awarding agency authorizes noncompetitive proposal·; or
1v . After solicitation of a number of sources , competition is determined inadequate.
12. Small, Minority and Women owned business enterprise and labor surplus area finn -ln accordance
with Exhibit B, Section 9 take affirmative steps to assure that minority and women business
enterprises, and labor surplus area firms are used when possible.
i. Placing qualified firms on solicitation lists;
ii. Assuri ng that firms are olicited whenever they are potential sources;
111. Dividing total quantities to permit maximum participation ;
iv. Establishing delivery schedules, where the requirement permits, which encourage
participation by SfM/W owned firms: and
v. Using the services of the Small Busines Administration, Minority Business
Devel o pment Agency of the Department of Commerce, the CDOT EO office or other
agencie that qualify SIM/W owned firms.
13. Bonding requirements -For construction or facility improvement contracts or subcontract s
exceeding $100,000.00.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
FASTERGrant.OI .Jun I I -originated from approved OSC Grant template Rev 1/12/11 Exhibtt E-2
EXHIBIT F-STATE AND GRANTEE COMMITMENTS
A. Design This section applies if box checked 0
I . Work including preliminary design or final design (the "Construction Plans"), design work sheets,
or special provision s and estimates (collectively referred to as the "Plans"), requires that the Grantee
comply with the following requirements, as applicable:
a . perform or provide the Plans, to the extent required by the nature of the Work;
b. prepare final design (Construction Plans) in accord with the requirements of the latest edition of
the American Association of State Highway Transportation Officials (AASHTO) manual or
other standard, such as the Uniform Building Code, as approved by COOT;
c . prepare special provisions and estimates in accord with the State's Roadway and Bridge Design
Manuals and Standard Specifications for Road and Bridge Cons truction or Grantee
specifications if approved by COOT;
d . include details of any required detours in the Plans, in order to prevent any interference of the
construction Work and to protect the traveling public;
e. stamp the Plans produced by a Colorado Registered Professional Engineer;
f. provide final assembly of Plans and Grant documents;
g . be responsible for the Plans being accurate and complete; and
h. make no further changes in the Plans following the award of the construction contract except in
writing approved by all the Parties. The Plans shall be considered final when approved and
accepted by the Parties hereto, and when final they shall be deemed incorporated herein .
2. Grantee:
a . shall comply with the requirements of the Americans With Disabilities Act (ADA), and
applicable federal regulations and standards as contained in the document "ADA Accessibil ity
Requirements in COOT Transportation Projects";
b. (If applicable) shall afford the State ample opportunity to review the Plans and make any
changes in the Plans that are directed by the State to comply with FHW A requirements .
c. may enter into a contract with a Subgrantee to do all or any portion of the Plans and/or of
cons truction administration. Provided, however, that if State fund s are involved in the co t of
such work to be done by a Subgrantee, that Subgrantee subgrant (and the performance/provis ion
of the Plans under the s ubgrant) must comply with all applicable requirements of 23 CFR Part
172 and with any procedures implementing those requirements as provided by the State,
including those in thi s Grant. If the Grantee does enter into a sub grant with a Subgrantee fo r the
Work:
(I) Grantee s hall submit a certification that procurement of any design Subgrantee subgrant
c o mplied with the requirements of 23 CFR 172.5(1) prior to entering into s ubgrant. The
State s hall either approve o r deny such procurement. If denied, the Grantee may not enter
into the s ubgrant.
(2 ) Grantee shall ensure that all changes in the Subgrantee subgrant have prior approval by the
State. Such changes in the subgrant s hall be by written supplement grant. As soon as the
subgrant with the Subgrantee has been awarded by the Grantee, one copy of the executed
s ubgrant shall be submjtted to the State. Any amendments to such s ubgrant shall also be
submitted.
(3) it s hall require that all Subgrantee billings under that subgrant shall comply with the State 's
s tandardized billing fo r mat. Ex amples of the billing format s are av aHable from the COOT
Agreements Office.
(4 ) it (or it s Subgrantee) shall use the COOT procedures described to admini ste r that des ig n
Subgrantee subgrant, to comply with 23 CFR 172.5(b) and (d).
FA STERG ra nt.OI.Jul l l -ori gnated fro m appro ved OS C Gr:mt templat e Rev 1/121 11 Exhibit F-1
(5) it may expedite any COOT approval of its procurement process and/or Subgrantee subgrant
by submitting a letter to COOT from the certifying Grantee's attorney/authorized
representative certifying compliance with 23 CPR 172.5(b) and (d).
(6) it shall en ure that its Subgrantee subgrant complies with the requirements of 49 CFR
18.36(i) and contains the following language verbatim:
(a) "The design work under this Grant shall be compatible with the requirements of the
Grant between the Grantee and the State (which is incorporated herein by this
reference) for the design/construction of the Project. The State is an intended third party
beneficiary of this subgrant for that purpose. ·•
(b) "Upon advertisement of the Project work for construction, the Subgrantee shall make
available services as requested by the State to assist the State in the evaluation of
construction and the resolution of construction problems that may arise during the
construction of the Project."
(c) "The Subgrantee shall review the construction Subgrantee's shop drawings for
conformance with the subgrant documents and compliance with the provisions of the
State's publication, Standard Specifications for Road and Bridge Construction, in
connection with this work."
d. The State, in its discretion, will review construction plans, special provisions and estimates and
will cause the Grantee to make changes therein that the State determines are necessary to ensure
compliance with State and federal requirements.
B . Construction This section applies if box checked 181
I. Work including construction requires that, the Grantee perform the construction and construction
administration in accordance with the approved Plans and COOT oversight. Such administration
shall include Project inspection and testing; approving sources of materials; performing required
plant and shop inspections· documentation of grant payments, testing and inspection activities:
preparing and approving pay estimates: preparing, approving and securing the funding for Grant
modification order and minor subgrant revisions; processing Subgrantee claims; construction
supervision; and meeting the Quality Control requirements of COOT which can be found in the
FHW A and COOT Stewardship agreement located at:
http://www.coloradodot.info/business/permjts/accesspermits/references/steward hip-agreement .pdf.
2. The State shall have the authority to suspend the Work. wholly or in part, by giving written notice
thereof to the Grantee, due to the failure of the Grantee or its Subgrantee to correct Project
conditions which are unsafe for workers or for s uch periods as the State may deem necessary due to
unsuitable weather, or for conditions considered unsuitable for the prosecution of the Work, or for
any other condition or reason deemed by the State to be in the public interest.
3. Grantee:
a. shall appoint a qualified professional engineer, licensed in the State of Colorado, as the Grantee
Project Engineer ("LAPE"), to perform that administration . The LAPE shall administer the
Project in accordance with this Grant, the requirements of the construction subgrant and
applicable State procedures.
b . if bids are to be let for the construction of the Project, it shall advertise the call for bids upon
approval by the State and award the construction subgrant(s) to the low responsible bidder(s)
upon approval by the State.
(I) In advertising and awarding the bid for the construction, the Grantee shall comply with
applicable requirements of 23 USC § 112, 23 CPR Pans 633 and 635, and CRS §24-92-1 0 I
FASTERGrant.O J.Julll -originated from approved OSC Grant template Rev 1/1 2/11 Exhibit F-2
et seq. Those requirements include, without limitation, that the Grantee/Subgrantee shall
comply with terms and conditions as required by 23 CFR §633 . 102(e).
(2) The Grantee has the option to accept or reject the proposal of the apparent low bidder for
work on which competitive bids have been received. The Grantee must declare the
acceptance or rejection within 3 working days after said bids are publicly opened.
(3) By indicating its concurrence in such award, the Grantee, acting by or through its duly
authorized representatives, agrees to provide additional funds, subject to their availability
and appropriation for that purpose. if required to complete the Work under this Project if no
additional State funds will be made available for the Project. This paragraph also applies to
Projects advertised and awarded by the State.
c. If all or part of the construction Work is to be accomplished by Grantee personnel (i.e. by force
account), rather than by a competitive bidding process, the Grantee will ensure that all such
force account work is accomplished in accordance with the pertinent State specifications and
requirements with 23 CFR Part 635, Subpart B. Force Account Construction.
(I) Such Work will normally be based upon estimated quantities and firm unit prices agreed to
between the Grantee, the State and FHW A (if needed) in advance of the Work, as provided
for in 23 CFR §635.204(c). Such agreed unit prices shall constitute a commitment as to the
value of the Work to be performed.
(2) An alternative to the above is that the Grantee may agree to participate in the Work based
on actual costs of labor, equipment rental, materials supplies and supervision necessary to
complete the Work. Where actual costs are used, eligibility of cost items hall be evaluated
for compliance with 48 CFR Part 31.
(3) Rental rates for publicly owned equipment will be determined in accordance with the
State's Standard Specifications for Road and Bridge Construction§ 109.04.
(4) All force account work shall have prior approval of the State and/or FHW A (if needed) and
shall not be initiated until the State has issued a written notice to proceed.
C. State's Obligations
I . The State will perform a final Project inspection prior to Project acceptance as a "Quality
ControVAssurance" activity. When all Work has been satisfactorily completed, the State will sign
the CDOT Form I 212 (for FHW A). if applicable.
2. Notwithstanding any consents or approvals given by the State for the Plans, the State will not be
liable or responsible in any manner for the structural design, details or construction of any major
structures that are designed by or are the responsibility of the Grantee within the Work of this Grant.
THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK
FASTERGrani.OI.Julll -orig inated from approved OSC Grant template Rev 1/12/11 Exhibit F-3
EXHIBIT G-OPTION LEITER
NOTE: This option is limited to the specific scenarios listed below AND cannot be used in place of exercising a
formal amendment.
I SAP PO# I Origianl CMS I Option Letter No. I CMS#
Contractor I Grantee: ----------------------
A. SUBJECT: (Choose applicable options listed below AND in section Band delete tlte rest)
I. Option to renew (for an additional term); this renewal cannot be used to make any change to the
original scope of work; and
2. Option to injtiate next phase to include Design , Construction, Environmental, Utilities, ROW ONLY
(does not apply to Acquisition/Relocation or Railroads);
B. REQUIRED PROVISIONS. All Option Letters shall contain the appropriate provisions set forth below:
(Insert the following language for use with Option #1): In accordance with Paragraph(s) of grant
routing number (insert FY, Agency code, & CLIN routing #), between the State of Colorado, Department of
Transportation, and (insert Granrees name) the State hereby exercises the option for an additional term of (insert
peifonnance period here) at a cost/price specified in Paragraph/Section/Provision of the
original grant, AND/OR an increase in the amount of goods/services at the same rate(s) as specified in
Paragraph of the original grant
(Insert the following language for use with Option #2): In accordance with the term s of the original grant
(insert FY, Agency code & CLIN routing#) between the State of Colorado, Department of Transportation and
(insert Grantee's name here), the State hereby exercises the option to initiate the phase in (in dicate Fiscal Year
here) that will include (describe which phase will be added and include all that apply -Des·ign, ConstrucTion,
Environmental, UtiliTies , ROW incidentals or Miscellaneous). Total funds for this Grant remain the same
(indicate total dollars here) as referenced in Paragraph/Section/Provision/Exhibit of the
original grant.
(The following language must be included on all options): The amount of the current Fiscal Year grant value
is (increased/decreased) by ($amount of change) to a new Grant value of($ ) to satisfy
services/goods ordered under the grant for the current fiscal year (indicate Fiscal Year). The first sentence in
Paragraph/Section/Provision is hereby modified accordingly. The total grant value to include all
previous amendments, option letters, etc . is ($ . The effective date of this Option Letter is upon
approval of the State Controller or delegate, whichever is later.
State of Colorado:
John W. Hickenlooper , Governor
By: Date:-------
Executive Director, Colorado Department of Transportation
ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER
CRS §24-30-202 requires the State Controller to aoprove all State grants. This Option Letter i~ not valid until signed and dated
below by the State Controller or delegate. Grantee is not authori7.ed to begin D('rforroance until such time. Ir Grantee begin.'>
performing prior thereto, the State or Colorado is not obligated to P!ll' Grant.ee for such oerformaru;e or for any goods and/or
services provided hereunder.
B. STATE CONTROLLER
David J. McDermott, CPA
By: ______________ _
Controller-Colorado Department of Transportation
Dare: _______ _
FASTERGrant.01.Jul11-originated from approved OSC Grant template Rev 1/12111 Exhibit G-1
NOT APPLICABLE -this exhibit will only be used for purchase of transit vehicle(s) or equipment
EXHffiiT H-SECURITY AGREEMENT
This Security Agreement is made by and between the State of Colorado for the use and benefit of THE
COLORADO DEPARTMENT OF TRANSPORTATION, DIVISION OF TRANSIT AND RAIL,
("State") and , ("Grantee").
A. Purpose . This Security Agreement is made for the purpose of securing the State interest in transit
vehicles or other project equipment ("Project Equipment") purchased with State grant funds awarded to
the Grantee pursuant to the Grant Agreement between the State and Grantee dated this __ day of
-------· 20 __ and identified as contract # ("Grant").
The security interest granted to the State herein is to ensure that the State may access, protect and, if
necessary, dispose of the federal interest in each item of Project Equipment and to ensure the proper use
of the Project Equipment. The Grantee shall have no right in the State interest in such Project Equipment.
B. Project Equipment. Not later than three days after the purchase and acceptance of Project Equipment,
the Grantee shall complete and return to the State a "Certificate of Procurement and Acceptance" fonn,
which then becomes Addendum I to this Security Agreement. In the case of vehicle procurement, this
certificate must indicate the year, make, model. YIN, and any other infonnation needed to register the
vehicle.
C. Security Interest. In consideration of the value provided to the Grantee under the Grant, the Grantee
hereby gives and grants to the State a security interest in the Project Equipment described in Addendum I
and /or described below as follows:
MAKE/MODEL/YIN or description of equipment: ---------------
This security interest shall apply to the Project Equipment acquired pursuant to the Grant whether
purchased before or after the date this Security Agreement is executed. The Grantee hereby authorizes the
State to describe in the space above the Project Equipment subject to this Security Agreement.
D. Lien. The State may place a lien on the title of each Project Equipment vehicle based upon this
Security Agreement. The State shall retain physical possession of the titles of such Project Equipment
vehicles and the Grantee agrees that the State shall be considered "in possession" of such vehicles for the
purpose of any document required by State law to repossess such vehicles if necessary .
E. Disposition of Equipment. In addition to the security interest granted herein, the Grantee agrees to and
acknowledges the right of the State to remove all Project Equipment from the Grantee's premises and to
take possession of any of the Project Equipment, if the Grantee fails to satisfactorily perform the Project
services as detailed in the Grant, or if the State detennines for any other reason, including but not limited
to termination of the Grant, that the disposition of the State interest in such Project Equipment is in the
best interest of the State. The Grantee agrees that it will in no way oppose the State's exercise of such
right and that it will assist the State to obtain possession and to remove such vehicles.
F. Assignment. The Grantee agrees not to assert against any assignee of the State any defenses or claims
the Grantee may have against the State.
FASTERGrant.OI.Julll-originated from approved OSC Grant template Rev 1/12111 Exhibit H·l
Grantee hereby executes this Security Agreement as of the date below:
ATIEST: ________ FOR THE GRANTEE By: ______ _
Print Name: ___________ _
Date: ____________ Title:-------------
FASTERGrant.OI.Julll -originated from approved OSC Grant template Rev 1/12/11 Exhibit H-2
EXHIBIT I· STATE or FEDERAL-AID PROJECT AGREEMENTS WITH PROFESSIONAL
SUBGRANTEESERVICES
The Grantee shall use these procedures to implement State or Federal-aid project agreements with
professional Subgramee services including, but not limited to engineering, design, or architectural
services.
23 CFR Part 172 applies to a federally funded Grantee project agreement administered by COOT that
involves professionaiSubgrantee services. 23 CFR § 172.1 states ''The policies and procedures involve
federally funded grants for engineering and design related services for projects subject to the provisions
of 23 USC § 1 l 2(a) and are issued to ensure that a qualified Subgrantee is obtained through an equitable
selection process, that prescribed work is properly accomplished in a timely manner, and at fair and
reasonable cost" and according to 23 CFR §I 72.5 "Price shall not be used as a factor in the analysis and
selection phase." Therefore, local agencies must comply with these CFR requirements when obtaining
professional Subgrantee services under a federally funded Subgrantee subgrant administered by COOT.
COOT has formulated its procedures in Procedural Directive (P.D.) 400. I and the related operations
guidebook titled "Obtaining Professional Subgrantee Services". This directive and guidebook incorporate
requirements from both Federal and State regulations, i.e., 23 CFR Part 172 and Colorado Revised Statute
CRS §24-30-1401 et seq. Copies of the directive and the guidebook may be obtained upon request from
COOT's Agreements and Consultant Management Unit. [Local agencies should have their own written
procedures on file for each method of procurement that addresses the items in 23 CPR Part 172].
Because the procedures and laws described in the Procedural Directive and the guidebook are quite
lengthy, the subsequent steps serve as a short-hand guide to COOT procedures that a Grantee must follow
in obtaining professional Subgrantee services. This guidance follows the format of 23 CFR Part 172 . The
steps are:
1. The contracting Grantee shall document the need for obtaining professional services.
2 . Prior to solicitation for Subgrantee services, the contracting Grantee shall develop a detailed
scope of work and a list of evaluation factors and their relative importance. The evaluation factors
are those identified in CRS §24-30-1403. Also, a detailed cost estimate should be prepared for
use during negotiations.
3. The contracting agency must advertise for grants in conformity with the requirements of CRS
§24-30-I 405. The public notice period, when such notice is required, is a minimum of 15 days
prior to the selection of the three most qualified firms and the advertising should be done in one
or more daily newspapers of general circulation.
4. The request for Subgrantee services should include the scope of work , the evaluation factors and
their relative importance, the method of payment, and the goal of ten percent (10%) for
Disadvantaged Business Enterprise (DBE) participation as a minimum for the project.
5. The analysis and selection of the Subgrantee should be done in accordance with CRS §24-30-
1403. This section of the regulation identifies the criteria to be used in the evaluation of COOT
pre-qualified prime Subgrantee and their team. It also shows which criteria are used to short-list
and to make a final selection.
The short-list is based on the following evaluation factors:
a. Qualifications,
FASTERGrant.OI.Julll-originated from approve~ OSC Grant template Rev 1/12111 Exhibit I-I
b. Approach to the project,
c. Ability to furnish professional services.
d. Anticipated design concepts, and
e. Alternative methods of approach for furnishing the professional services.
Evaluation factors for final selection are the Subgrantee's:
a. Abilities of their personnel,
b. Past performance,
c. Willingness to meet the time and budget requirement,
d. Location,
e. Current and projected work load,
f. Volume of previously awarded contracts, and
g. Involvement of minority Subgrantees.
6. Once a Subgrantee is selected, the Grantee enters into negotiations with the Subgrantee to obtain
a fair and reasonable price for the anticipated work. Pre-negotiation audits are prepared for grants
expected to be greater than $50,000. Federal reimbursement for costs are limited to those costs
allowable under the cost principles of 48 CFR Part 31. Fixed fee (profit) are detennined with
consideration given to size, complexity, duration, and degree of risk involved in the work. Profit
is in the range of six (6) to fifteen (15) percent of the total direct and indirect costs.
7 . A qualified Grantee employee shall be responsible and in charge of the project to ensure that the
work being pursued is complete, accurate, and consistent with the terms, conditions, and
pecifications of the Grant. At the end of project, the Grantee prepares a performance evaluation
(a COOT fonn is available) on the Subgrantee.
8 . Each of the steps listed above is to be documented in accordance with the provision of 49 CFR
§ 18.42, which provide for records to be kept at least three (3) years from the date that the Grantee
submits its final expenditure report. Records of projects under litigation shall be kept at least three
(3) years after the case has been euled.
The CRS §§24-30-1401 through 1408, 23 CFR Part 172, and P.O. 400.1, provide additional details for
complying with the eight (8) steps just discussed.
THE REST OF TIDS PAGE INTENTIONALLY LEFT BLANK
FASTERGranr.OI.Julll -ori g in ated from approved OSC Grant template Re 1/1 2/11 Exhibit 1-2
EXHffiiT J-GRANTEE CONTRACT ADMINISTRATION CHECKLIST
The following checklist has been developed to ensure that all required aspects of a project approved for
federal funding have been addressed and a responsible party assigned for each task.
After a project ha been approved for federal funding in the Statewide Transportation Improvement
Program, COOT Project Manager, Grantee Project Manager, and COOT Resident Engineer prepare the
checklist. It becomes a part of the contractual Grant. COOT will not process a Grant without this
completed checklist. It will be reviewed at the "Final Office Review" meeting to ensure that all parties
remain in agreement as to who is responsible for performing individual tasks.
THE REST OF THIS PAGE INTENTIONALLY LEFI' BLANK
FASTERGranl.OI.Julll -originated from approved OSC Grant template Rev 1/1 21 11 Exhibit J-1
COl.ORADO OEP'AR'RIENT OF TRANSPORTATION
LOCAL AGENCY CONTRACT ADMINISTRATION CHECKUST
I'Rijlal No. ST1PHD. ..... eo. .......
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NO. DESCRIPTION OF TASK
FASTERGrant.OI.Jul I I -originated from approved OSC Grant template Rev 1/12111 Exhibit J-2
NO. OESCRIPOOH OF TASK
X
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ThilplllljMl is Oisnat ......... DMII81Call ................ llr ..
....... 1 a: J' I Clf .. ......,. ....... (Pfajiii8IDollildOft ........... ..... ......,......,..., ....... )
FASTERGrant.OI.Julll -originated from approved OSC Grant template Rev 1/12/11 Exhibit J-3
NO. DESCRIPnON OF TASK
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CITY OF WHEAT RI DGE
JEFFERSON COUNTY , COLORADO
PROJECT :fl: M-03-12
Bus Bench Installation
2012
CDOT PROJECT :fi:TRG /SUBACCOUNT :fl:
DENVER
.... ,-' I ~~ \
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LAKES IDE
SITE LOCATION MAPS
7500 WEST 291li AVENUE
WHEAT RIDGE , COLORADO 80033
IND EX
COVER SHEET
LEGEND & COOT STANDARD P1AN LIST
PROJECT QUANTITIES TABLE
GENERAL NOTES
PROJECT DETAILS
BUS BENCH LOC ATIONS
1. 11816 WEST 32ND AVE
2 . 11435 WEST 32ND AVE
3. 10750 WEST 32ND AVE
4. 9889 WEST 320 AVE
5. 9505 WEST 32ND AVE
6. 9350 WEST 32ND AVE
7. 9080 WEST 32ND AVE
8. 8725 WEST 32ND AVE
9. 8205 WEST 32ND AVE
10. 8045 WEST 32ND AVE
11 . 7130 WEST 32ND AVE
12. 6nO WEST 32ND AVE
13 . 6465 WEST 32ND AVE /6410 WEST 32ND AVE
14 . 6150 WEST 32ND AVE /6101 WEST 32ND AVE
15 . 5465 WEST 32ND AVE
16. 5450 WEST 32ND AVE
17. 5225 WEST 32ND AVE
18. 5509 WEST 26TH AVE
19. 6209 WEST 26TH AVE
20. 10435 WEST 26TH AVE
21. 10505 WEST 26TH AVE
22 . 11801 WEST 38TH AVE
23. 11525 WEST 38TH AVE
24 . 11315 WEST 38TH AVE
25. 10350 WEST 38TH AVE
26 . 9595 WEST 38TH AVE
27 . 9395 WEST 38TH AVE
28 . 8991 WEST 38TH AVE
29 . 7100 WEST 38TH AVE
30 . 6580 WEST 38TH AVE
31 . 2950 KIPLING ST
32 . 11980 WEST 38TH AVE
33. 11650 WEST 38TH AVE
34 . 12495 W EST 32N D AVE
35. 12500 WEST 32ND AVE
36 . 6601 W 26TH AVE
TELEPHONE; (303) ZJS.2861
FAX: (303) ZJS.2857
SHEET NO.
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Attachment 3
~ j ~
... ~ ~ ~ City of •
:?WheatRt_dge
ITEM NO : Ld .
DATE: September 24 ,2012
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPROVE PAYMENT TO ESRI INC. IN THE
AMOUNT OF $35,750 FOR THE ANNUAL LICENSE
RENEWAL FOR THE GRAPIDCAL INFORMATION
SYSTEMS (GIS)
D PUBLIC HEARING
~ BIDS/MOTIONS
0 RESOLUTIONS
QUASI-JUDICIAL:
ISSUE:
D ORDINANCES FOR 1ST READING
0 ORDINANCES FOR 2 N D READING
D YES
The Environmental Systems Research Institute , Inc. (ESRI) is a sole provider of licensing and
support of the City 's existing Graphical Information System (GIS). Although the company
requires a three-year license agreement to receive favorable pricing, the agreement does include
a "termination for lack of funds" clause as outlined in Article 5.2.
The annual cost of the licensing and support is $35 ,750 which was approved in the 2012 IT
Budget.
PRIOR ACTION:
Approved by Council in 2011
FINANCIAL IMPACT:
$35 ,750 approved in the 2012 IT Budget
BACKGROUND:
The proposed annual renewal oflicensing and support ofthe ESRI GIS is necessary to maintain
engineering, planning, land and parcel data for the City of Wheat Ridge. The City data is survey
quality and allows for accurate planning and development ofland. The annual renewal of
licensing and support will cost $35 ,750 as approved in the 2012 IT Budget. This package is all-
Council Action Fonn
September 24 , 2012
Page2
inclusive for licensing and technical support services. It includes software upgrades and bug
fixes and patches , plus technical support to implement these software enhancements and fixes.
ESRI is the sole source for this software. The continued renewal of the annual licensing and
support contract is a strategic move to maintain and keep GIS software up to date and provide
the proper licenses to utilize the software.
Staff recommends entering into a new three-year agreement to allow for favorable pricing,
options and flexibility. The tenn , while extending over multiple years does have a "termination
for lack of funds" as outlined in Article 5 .2.
RECOMMENDATIONS:
Staff recommends approval ofthe renewal of the ESRI agreement and annual payment for the
GIS software and licenses and support.
RECOMMENDED MOTION:
"I move to approve payment to ESRI , Inc . in the amount of$35 ,750 for the annual renewal of
the Graphical Information System (GIS)."
Or,
"I move to deny payment to ESRI, Inc. in the amount of$35,750 for the annual renewal ofthe
Graphical Information System (GIS) for the following reason(s) "
REPORT PREPARED/REVIEWED BY:
Michael Steinke, IT Manager
Heather Geyer, Administrative Services Director
ATTACHMENTS:
1. ESRI Quote # 25546807
SUBJECT:
DATE:
TO:
ORGANIZATION:
FAX#:
FROM:
FAX#:
EMAIL:
Number of pages transmitted
Esri Inc
380 New York Street
Redlands CA 92373
MAINTENANCE QUOTE
09/12/2012
Michael Steinke
CITY OF WHEAT RIDGE
IT DEPT
303 -234-5924 PHONE #: 303-235-2824
Nicole Scott
909-307-3083 PHONE#: 888-377-4575 Ext . 1232
nscott@esri . com
(including this cover sheet): 4
QUOTATION #25546807
DOCUMENT DATE : 09/12/2012
Please find the attached quotation for your forthcoming software
maintenance term. Keeping your maintenance current entitles you to
exclusive benefits, and if you choose to discontinue your coverage , you will
become ineligible for these valuable benefits and services. All maintenance
fees from the date of discontinuation will be due and payable if you decide to
reactivate your coverage at a later date. For details regarding the
maintenance program benefits for your licensing , please visit
http ://www.esri .com/maintenancebenefits .
Customers who have multiple copies of some Esri products may have the
option of supporting some of their licenses with secondary maintenance.
Please contact Customer Service to find out more about the availability of
secondary maintenance.
For information about Esri Desktop , Developer software , or Web services
terms of use , as well as purchase order terms and conditions , please visit
http://www.esri .com/legal/licensing/software-license.html.
Do you need training? You can get affordable Esri software training for your
entire organization with a subscription to Esri Virtual Campus. To find out
how , visit the campus: http ://campus .esri.com/campus/catalog/subscriptions
For details about ECP discounts and waivers for non-profit users please visit
http://www. conservationg is. org/g rant
If you have any questions or need additional information , please contact
Customer Service at 888-377-4575 Option 5 .
Attachment 1
• esr • 380 New York Street
Redlands , CA 92373
Phone : 888-377-45751232
Fax#: 909-307 -3083
Quotation
Date: 09/12/2012 Quotation Number: 25546807
Send Purchase Orders To:
Esri , Inc .
380 New York Street
Redlands , CA 92373-8100
Attn : Nicole Scott
CITY OF WHEAT RIDGE
IT DEPT
Please include the following remittance address
on your Purchase Order:
7500 W 29TH AVE Esri, Inc.
File #54630 WHEAT RIDGE CO 80033-8001
Attn: Michael Steinke Los Angeles, CA 90074-4630
Customer Number: 10602
For questions regarding this document, please contact Customer Service at 888-377-4575.
Item Qty Material# Unit Price Extended Price
10
1010 1
Per the terms and conditions in your Esri Enterprise License Agreement , your organization is required to provide an
annual usage report . This report should detail all deployments made under this agreement for your previous term ,
and should be provided to Esri as an Excel spreadsheet.
The annual usage report must include actual license counts by product , licensee , and location .
Please return your report via email to ela_usage_reports@esri.com .
Thank you in advance for your prompt attention to this matter.
110036 35 ,000 .00
Populations of 25 ,001 to 50 ,000 Small Government Term Enterprise
License Agreement
Start Date : 01/01/2013
End Date: 12/31/2013
115572 750.00
ArcPad Populations of 25 ,001 to 50 ,000 Small Government Enterprise License Agreement
Start Date : 01/01/2013
End Date : 12/31/2013
35 ,000 .00
750 .00
This quotation is valid for 90 days and is subject to your Esri License Agreement. The quotation information is proprietary and may not be copied
or released other than for the express purpose of system select ion and purchase/l icense . This information may not be given to outside parties or
used for any other purpose without consent from Environmental Systems Research Institute , Inc . (Esri).
Any estimated sales and/or use tax has been calculated as of the date of this quotation and is merely provided as a convenience for your
organization 's budgetary purposes . Esri reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing . If your
organization is tax exempt or pays state taxes directly , then prior to invoicing , your organization must provide Esri with a copy of a current tax
exemption certificate issued by your state's taxing authority for the given jurisdiction.
Issued By: Nicole Scott Ext: 1232 (ISAACST]
To expedite your order, please reference your customer number and this quotation number on your purchase order.
• 380 New York Street es r I• Redlands , CA 92373
Phone: 888-3n-45751232
Fax#: 909-307-3083
Date: 09/12/2012 Quotation No: 25546807
Item Qty Material#
Customer No: 1 0602
Quotation
Page 3
Unit Price Extended Price
BY SIGNING BELOW, YOU ARE INDICATING THAT YOU ARE AUTHORIZED TO OBLIGATE FUNDS FOR YOUR ORGANIZATION. DO
NOT USE THIS FORM FOR ORDER ACTIVATION IF YOUR ORGANIZATION WILL NOT HONOR AND PAY AN INVOICE THAT HAS
BEEN ISSUED AT YOUR DIRECTION WITHOUT ADDITIONAL AUTHORIZING PAPERWORK.
If you have made ANY alterations to the line items included in this quote and have chosen to sign the
quote to indicate your acceptance, you must fax Esri the signed quote in its entirety in order for the
quote to be accepted.
If your organization is a US Federal, state, or local government agency; an educational facility; or a
company that will not pay an invoice without having issued a formal purchase order, a signed quotation
will not be accepted unless it is accompanied by your purchase order.
If you choose to discontinue your support, you will become ineligible for support benefits and services.
All maintenance fees from the date of discontinuation will be due and payable if you decide to reactivate
your support coverage at a later date.
This transaction is governed exclusively by the terms of the above-referenced contract, if any,
or Esri•s standard terms and conditions at www.esri.com/legal.
In order to expedite processing, please reference the quotation number and any/all applicable Esri
contract number(s) (e.g. MPA, ELA, SmartBuy, GSA, BPA) on your ordering document.
By signing below, you are authorizing Esri to issue a software support invoice in the amount of
$ plus sales tax, if applicable.
Please check one of the following:
I agree to pay any applicable sales tax.
I am tax exempt . Please contact me if Esri does not have my current exempt information on file.
Please indicate on your purchase order if this purchase is funded through the American Recovery and
Reinvestment Act, and whether Esri is a Prime Recipient, Sub-recipient, or Vendor for reporting purposes.
Signature of Authorized Representative Date
Name (Please Print) Title
IISAACST]
• 380 New York Street es r I• Redlands. CA 92373
Phone: 888-377-45751232
Fax#: 909-307-3083
Date: 09/12/2012 Quotation Number: 25546807
Item Qty Material#
DUNS/CEC: 06-313-4175 CAGE: OAMS3
Quotation
Page2
Unit Price
Subtotal
Estimated Tax
Total
Extended Price
35 ,750.00
0 .00
$ 35,750.00
(ISAACST)
~ . ,
-" • .. City of •
?WheatRi_dge
ITEM NO:~
DATE: September 24,2012
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 42-2012 A RESOLUTION
AUTHORIZING THE EXECUTION OF AN AGREEMENT
WITH WALRUS 5560 TO PARTICIPATE IN THE WHEAT
RIDGE BUSINESS DEVELOPMENT ZONE PROGRAM FOR
A REBATE OF 25°/o OF THE ELIGIBLE CITY FEES,
CHARGES AND TAXES IN ASSOCIATION WITH THE
CONSTRUCTION OF A RESTAURANT AT 5560 W. 29TH
AVENUE
~ PUBLIC HEARING
D BIDS/MOTIONS
~ RESOLUTIONS
D ORDINANCES FOR 1ST READING
D ORDINANCES FOR 2 DREADING
QUASI-JUDICIAL: D YES ~ NO
¥~diM
ISSUE:
Walrus 5560 (Walrus) has made application and request to participate in the City's Business
Development Zone (BDZ) program , related to the construction of a new restaurant at 5560 W.
291h Avenue. The request is for the rebate of25% of the eligible city fees , charges and taxes for
an estimated total of $6 ,638.
PRIOR ACTION:
On May 14 , 2012 , City Council approved a resolution forming a Business Development Zone
encompassing the entire City. On August 25 , 2012 City Council reviewed a request from Walrus
for a BDZ agreement to rebate 100% of use tax , building permit and zoning fees in an amount
not to exceed $25 ,500. City Council opted to continue the item to a future study session to
further review the request and examine other options for the request by Walrus. On September
10 ,2012 City Council discussed the request at a study session and directed staff to draft an
ESTIP agreement to rebate 25% of future sales tax increment for a period of three years and a
BDZ agreement to rebate 25% of use tax , building permit and zoning fees.
FINAN CIAL IM PACT:
The total estimated use tax, building pennit fees and zoning fees for this project is $26,553. The
proposed BDZ agreement would rebate 25% of this amount for a total financial impact to the
City of $6,638.
B ACKGRO UN D :
Wheat Ridge Code of Laws Chapter 22, Article I, Division 5, establishes the BDZ, an economic
development tool. The goal of the BDZ is to encourage the development of private sector jobs,
revitalize deteriorating areas of the City and encourage the development, redevelopment and
expansion ofbusinesses within the City.
This tool allows the City Council to waive certain building permit fees and building use taxes in
association with construction projects that occur in established Business Development Zones.
The tool is intended to be used to refund fees and taxes for projects that have the potential to
generate future sales and use tax or provide substantial public benefit to the City.
Walrus LLC has purchased property located at 5560 W. 29th Avenue in Wheat Ridge. The site
included two older structures. The buildings are zoned commercial and had been leased as
residential units . For the past few years one of the buildings has remained vacant, contributing to
a blighting factor in the neighborhood, while the other structure was in need of major repairs and
was showing its age.
Adjacent to the Walrus site to the west is a small commercial project that contains a produce
market, a butcher, and a hair salon. To the east is a vacant structure and a small service industry
business.
Walrus is developing the site to accommodate a full-service, sit-down restaurant and bar with
interior seating for about 100. The project will include exterior patio seating. The project will
have an on-site parking lot for 16 vehicles and provide required accessible spaces. After
construction the facility will be leased to an un-named restaurant that expects to have an initial
staff of approximately 25 persons.
Public improvements being constructed at the expense of Walrus include two new curb cuts,
curb and gutter and sidewalks adjacent to the property.
During and upon completion of the project the end user will provide the following:
• Future sales and use tax revenue
• The generation of permanent jobs
• Construction-related jobs and the economic activity in the surrounding neighborhood
RECO MMENDATIONS:
Staff recommend s Council authori ze the execution of the BDZ agreement with Walrus 5560
providing a rebate of 25 % of the eligible city fees , charges and taxes for the following reasons:
1. The project is estimated to generate approximately $45 ,000 in new sales tax to the City
on an annual basis
2 . Twenty-five new permanent jobs will be created
3. A blighted, underutilized property will be revitalized with new public improvements
including sidewalk, curb and gutter
4. The project could act as a catalyst for other revitalization projects in east Wheat Ridge
along the 29th A venue corridor
5. The project assists in addressing the lack of full-service, sit-down restaurant options for
residents as noted in the City's comprehensive plan, citizen survey results and other
planning documents
RECOMMENDED MOTION:
"I move to approve Resolution No . 42-2012, a resolution authorizing the execution of an
agreement with Walrus 5560 to participate in the Wheat Ridge Business Development Zone
Program for a rebate of25% ofthe eligible city fees , charges and taxes in association with the
construction of a restaurant at 5560 W. 29th Avenue."
Or,
"I move to postpone indefinitely Resolution No. 42-201 2, a resolution authorizing the execution
of an agreement with Walrus 5560 to participate in the Wheat Ridge Business Development
Zone Program for the following reason(s) "
REPORT PREPARED/REVIEWED BY:
Steve Art, Economic Development/Urban Renewal Manager
Pat:Iick Goff, City Manager
ATTACHMENTS:
1. Resolution No. 42-2012
2. Agreement to Participate
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 42
Series of 2012
TITLE : A RESOLUTION AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH WALRUS 5560 TO PARTICIPATE IN THE
WHEAT RIDGE BUSINESS DEVELOPMENT ZONE PROGRAM
FOR A REBATE OF 25% OF THE ELIGIBLE CITY FEES,
CHARGES AND TAXES IN ASSOCIATION WITH THE
CONSTRUCTION OF A RESTAURANT AT 5560 W. 29TH
AVENUE
WHEREAS , the City has adopted as a portion of the Wheat Ridge Code of Laws
("Code ") Chapter 22 , Article I, Division 5, "Business Development Zone" (the
"Program "), to encourage , in part , continued development and expansion of
opportunities for employment in the private sector in the City; and
WHEREAS , Walrus 5560 (Walrus) has applied to participate in the Program and
a public hearing was posted and conducted ; and
WHEREAS , Walrus is the owner and operator of leased space and
improvements thereon within the City and known as the "Owner," and is the operator of
a commercial development serving residents of Wheat Ridge and surrounding
communities ;
WHEREAS , Owner plans to construct public improvements of approximately
$850 ,000 and a total project budget of approximately $1 ,000 ,000 ; and
WHEREAS , the project enhances services to the neighborhood and neighboring
communities and brings revenue to the City from surrounding communities -a true
d efinition of economic development; and
WHEREAS ; the project creates up to 25 full and part-time jobs, and
WHEREAS ; the project spurs reinvestment through remodeling and new
const ruction of a blighted structure , thus enhancing and preserving its economic viability
in the City; and
WHEREAS , cost-sharing at the rate prescribed herein will serve to aid the
expansion of Owner in that it will alleviate a portion of the costs associated with the
expans ion.
NOW, THEREFORE , BE IT RESOLVED by the City Council of the City of
Wheat Ridge, Colorado
Attachment 1
An Agreement to participate in the City of Wheat Ridge Business Development
Zone Program with Walrus 5560 is hereby approved wherein 25% of eligible City
fees , charges and taxes generated by the project will be rebated to Walrus 5560.
DONE AND RESOLVED this 24 1h day of September, 2012.
Jerry DiTullio , Mayor
ATTEST:
Janelle Shaver, City Clerk
AGREEMENT TO PARTICIPATE IN THE
CITY OF WHEAT RIDGE BUSINESS DEVELOPMENT ZONE PROGRAM
This Agreement to Participate in the City of Wheat Ridge Business Development Zone
Program (this "Agreement") is made and entered into as of the September 24, 2012 , by and
between WALRUS 5560 LLC located at 730 Kalamath Street, Denver, CO 80204 hereinafter
referred to as the "Owner" and the CITY OF WHEAT RIDGE , COLORADO , 7500 W . 29th
Avenue , Wheat Ridge , Colorado 80033 hereinafter referred to as the "City," collectively the
"Parties ," and each individually, as a "Party."
WHEREAS, the City has adopted as a portion of the Wheat Ridge Code of Laws
("Code") Chapter 22, Article I, Division 5, "Business Development Zone" (the "Program "), to
encourage, in part, continued development and expansion of opportunities for employment in the
pri vate sector in the City; and
WHEREAS , Owner has applied to participate in the Program and a public hearing was
posted and conducted; and
WHEREAS , Owner is the owner and operator of leasable space and improvements
thereon within the City and known as the "Owner," and is the operator of a commercial
development serving residents of Wheat Ridge and surrounding communities ; and
WHEREAS , pursuant to Code Sec. 22-86 (b), the City Council has designated the real
property leased by Owner as a ''Wheat Ridge Business Development Zone"; and
WHEREAS, Owner plans to construct tenant improvements totaling approximately
$850,000 ; and
WHEREAS , the project creates neighborhood services and brings revenue to the City
from surrounding communities -a true definition of economic development ; and
WHEREAS ; the project will create up to 25 jobs and construction related jobs prior to
the opening of the facility , and
WHEREAS ; the project creates new revenue through permit fees , and use tax on
furniture , fixtures and equipment ;
WHEREAS ; the project spurs reinvestment and remodeling of a blighted facility , thus
enhancing and preserving its economic viability in the City; and
WHEREAS ; the project should lead to the revitalization of the 29th A venue commercial
corridor and aid the existing commercial establishments ;
WHEREAS , the Program allows the City to provide for the sharing of certain categories
of fees , taxes and other business development-related charges for new development within the
business development district ("Eligible City Fees , Charges and Taxes" as defined in Code Sec.
2 2-87 (1 )) to the extent allowed by an agreement with a business owner; and
Attachment 2
WHEREAS, cost-sharing at the rate prescribed herein will serve to aid the expansion of
Owner in that it will alleviate a portion of the costs associated with the expansion.
NOW, THEREFORE, in consideration of the foregoing, and the covenants, promises, and
agreements of each of the Parties hereto, to be kept and perfonned by each of them, the Parties
agree as follows:
1. Recitals. The Recitals set forth above are incorporated in this Agreement by
reference.
2. Term.
The tenn of this Agreement shall commence on September 24, 2012 and shall terminate
upon full refund by the City to Owner of eligible City fees, charges and taxes as set forth in
Paragraph 7 (the "Term"). Notwithstanding the foregoing, it is an express provision of this
Agreement that this Agreement shall expire and be of no further force and effect upon the
occurrence of the earlier to occur of: (1) expiration of the Term or (2) payment ofthe maximum
amount to be shared as set forth in Paragraph 7 (whether or not the Tenn has expired), or (3)
determination by the City of Owner's default, as provided in Paragraphs 13 or 15.
3. The Project.
The project proposed by the Owner through which it desires to participate in the Program
consists of the following, generally: lease space property upon which to demolish a blighted
structure and construct tenant improvements in the amount of approximately $850 000 that
include interior and exterior improvements to the Owner site, the addition of a paved 16 stall
parking lot, the creation of an outdoor patio area, and development of a restaurant with a full
licensed commercial kitchen. The foregoing shall be collectively referred to herein as the
"Project," and is more fully described below at Paragraphs 4 and 8.
4. Representations of Owner. Pursuant to Code Sec. 22-94, Owner hereby represents
to the City the following:
a. Improvements justifying Project approval.
1. Revitalization of land. The project will invest an estimated $850,000 into an
interior and exterior remodel of the building with plans subject to approval by the
City of Wheat Ridge Community Development Department and attached as Scope
of Development and attached as Exhibit A which shall also be used as the
application for inclusion in the program. Estimated cost. The cost for the initial
phase of the Project including the improvements described above is estimated to
be approximately EIGHT HUNDRED AND FIFTY THOUSAND DOLLARS
($850,000)
b. Expected future tax revenue. Owner operates a Limited Liability Corporation. Any
future sales and use tax revenue will be directly generated by this Project. Benefits to the
community which may generate future sales and use tax indirectly have been identified
by the Owner as follows:
1. Short-term positive impact during construction : Prior to the completion of the
Project, the tenant improvement phase will employ additional personnel in the
construction phase.
11. Upon completion of the improvements, the project will provide new sales tax
production.
111. This project should lead to improving the neighborhood and providing more
dining options in the community.
tv. Creates new revenue through pem1it fees , use tax on furniture , fixtures and
equipment and sales tax ;
5. Personal agreement; non-transferable; no third party beneficiaries
The cost-sharing of Eligible City Fees, Charges and Taxes as approved herein shall
constitute a persona] agreement between the City and Owner. The terms of this Agreement do
not run with the land . The obligations, benefits and/or provisions of this Agreement may not be
assigned in whole or in any part without the express authorization ofthe City Council. No third
party shall be entitled to rely upon or enforce any provision hereof.
6. Agreement not to constitute debt or obligation of the City
Nothing herein shall be construed to constitute a debt or obligation of the City.
Notwithstanding any other provision of this Agreement to the contrary, the Parties understand
and acknowledge that the City is subject to Article X , § 20 of the Colorado Constitution
{"TABOR"). This Agreement does not create a multi-fiscal year direct or indirect debt or
obligation within the meaning of TABOR and , therefore, notwithstanding anything in this
Agreement to the contrary, all payment obligations of the City are expressly dependent and
conditioned upon the continuing availability of funds beyond the tenn of the City's current fiscal
period ending upon the next succeeding December 31. Financial obligations of the City payable
a fter the current fiscal year are contingent upon funds for that purpose being appropriated ,
budgeted , and otherwise made available in accordance with ordinances and resolutions of tl1e
City and other applicable law.
7. Cost-sharing
1) Estimated Eligible City Fees, Charges and Taxes . The following are estimates of the
Eligible City Fees , Charges and Taxes which are the subject of the cost-sharing herein.
1. Building Use Tax: The estimated project value submitted at the time of building
pennit application was $350,791 in new core and shell construction for a total
building use tax of $6,314 .
n. General Use Tax: Tenant finish , furniture , fixtures and equipment are estimated to
total $500,000 for a total general use tax of $15 ,000 .
iii. Plan Review Fees: Total permit fees were $5 ,239.
2) Cost-sharing. Pursuant to Code Sec. 22-88, cost-sharing of the Eligible City Fees, Charges
and Taxes may be granted up to the expected future incremental sales and use tax revenue
generated from the project. It is anticipated that the Eligible City Fees, Charges and Taxes
received from the Project will be $26,553. Notwithstanding the foregoing, and in reliance
upon the representation of Owner of the benefits to the City of the Project, the City and
Owner agree to the cost-sharing for the Eligible City Fees, Charges and Taxes as follows:
(1) 100% of the Eligible City Fees, Charges and Taxes shall be due and paid to the
City by Owner for tenant improvements based upon review and approval by the
City of properly documented requests for the same. Upon receipt thereof, the
City shall refund 25% of such Eligible City Fees, Charges and Taxes back to the
Owner in one (1) equal payment in the amount of$6,638.
8. Legal challenge
In the event of legal challenge to the Program as applied to Owner, any costs scheduled
to be shared-back to Owner shall be escrowed until resolution of the dispute.
9. Waiver of Code requirements
To the extent any requirements of Code Sees. 22-85 through 22-96 have been waived ;
such waiver has occurred pursuant to Code Sec. 22-93 (c) whereby the City Council has found
by a % majority vote that such waiver is in the public's interest and will provide a substantial
benefit to the City.
10. No joint venture
Pursuant to Code Sec. 22-95 nothing herein shall be construed to create a joint venture
between the City and Owner. Notwithstanding any provision hereof, the City shall never be a
joint venture in any private entity or activity which participates in the Program , and the City shall
never be liable or responsible for any debt or obligation of any participant, including the Owner,
in the Program.
11. Use of funds
Pursuant to Code Sec. 22-89, Owner expressly acknowledges and agrees that any Eligible
Use Tax, Fees , and Charges refunded to the Owner under this Agreement, up to the amount
agreed upon by the City Council pursuant to this Agreement may only be used for the purpose of
the Project, as described in Paragraph 13 , on Owner's Property within the underlying Business
Development Zone.
12. Uses enumerated
Pursuant to Code Sec. 22-90, the uses to which the Eligible Use Tax, Fees, and Charges
may be put by the Owner shall be strictly limited to those which are approved by the City
Council and which relate directly to the Project within the City, which Project is anticipated to
indirectly generate more municipal sales and use tax revenues for the City in the future. Uses
hereby expressly approved by City Council are as follows:
-Demolition of one structure and the interior and exterior improvements to the
site at 5560 W. 29th Avenue located at the southeast comer of 29th Avenue and
Depew Streets in Wheat Ridge ;
13. No covenant to construct or to operate.
The intent of this Agreement is to provide for Owner's participation in the Program , in
the event that Owner completes the Project. Notwithstanding any provision in this Agreement to
the contrary, Owner shall have no obligation under this Agreement to complete the Project. In
the event Owner fails to complete the Project, this Agreement may be terminated at the option of
the City.
14. Remedies
The Owner waives any constitutional claims against the City arising out of a breach of
this Agreement. The Owner's remedies against the City under this Agreement are limited to
breach of contract claims. In no event shall the City be liable for any form of damages, including
without limitation: exemplary punitive or consequential damages, including economic damages
and lost profits .
15. Termination
In the event Owner fails to comply with one or more of the terms of this Agreement, City
may, in its sole discretion, tenninate this Agreement.
16. Indemnification
To the fullest extent permitted by Jaw , Owner agrees to indemnify and hold the City
harmless from any damage, liability or cost (including reasonable attorneys ' fees and cost of
defense) to the extent caused by the Owner's negligent acts, errors or omissions in the
performance this Agreement and those of its sub-contractors, sub-consultants or anyone for
whom the Owner is legally liable. To the extent permitted by the Colorado Constitution and
statutes, the City agrees to indemnify and hold the Owner harmless from any damage, liability or
cost (including reasonable attorneys ' fees and costs of defense) to the extent caused by the City's
negligent acts , errors or omissions arising from this Agreement. These defense and
indemnification obligations shall survive the expiration or termination of this Agreement. The
Parties acknowledge that the provisions of this Paragraph are not intended to waive or alter any
of the rights and defenses afforded to the City under the common law , the Colorado
Governmental Immunity Act, C.R.S . §§ 24-10-101 , et. seq. or any other law.
17. Severability
If any part, term or provision of this Agreement or the Program is held by a court of
competent jurisdiction to be illegal or in conflict with any law of the State of Colorado, the
validity of the remaining portions or provisions shall not be affected, the rights and obli gations of
the Parties shall be construed and enforced as if the Agreement did not contain the particular
part, tenn or provision held to be invalid, and the Parties shall cooperate to cure any legal defects
in the Agreement or the Program. Should the sharing of Eligible City Fees, Charges and Taxes
pursuant to this Agreement be judicially adjudged illegal invalid or unenforceable w1der the
present or future laws effective during the Term of this Agreement by a court of competent
jurisdiction in a final , non-appealable judgment, the Parties shall utilize their best, good faith
efforts to restructure this Agreement or enter into a new agreement consistent with the purposes
of this Agreement. Should the Parties be unsuccessful in their efforts, the Agreement shall
terminate without penalty or recourse to either Party.
18. Governing law; venue
The laws of the State of Colorado shall govern the validity, performance and enforcement
of this Agreement. Should either Party institute legal suit or action for enforcement of any
obligation contained herein , it is agreed that venue of such suit or action shall be proper and
exclusive in the district court for Jefferson County, Colorado .
19. Notices
All notices required or permitted under this Agreement shall be in writing and shall be
hand delivered or sent by certified mail , return receipt requested , postage prepaid , to be
addressed to the Parties set forth below. All notices so given shall be considered effective upon
the earlier of the actual receipt or seventy-two (72) hours after deposit in the United States Mail
with the proper address. Either Party b y notice so given may change the address to which future
notices shall be sent:
Notice to the City:
Copy to :
Notice to the Owner:
Copy to:
20. Entire agreement-amendments
City Manager
City of Wheat Ridge
7500 W. 29th Ave.
Wheat Ridge , CO 80033
City Attorney
City ofWheat Ridge
7500 W. 291h Ave.
Wheat Ridge , CO 80033
Bud Starker
Walrus 5560 LLC
730 Kalamath Street
Denver, CO 80204
This Agreement embodies the whole agreement of the Parties. There are no promises,
tenus, conditions, or obligations other than those contained herein , and this Agreement shall
supersede all previous communications, representations or agreements , either verbal or written ,
between the Parties hereto. This Agreement may be amended only by written agreement
between the Owner and the City acting pursuant to City Council authorization .
21. Effective date
This Agreement shall be effective and binding upon the Parties upon the date first set
forth above.
IN WITNESS WHEREOF, Owner and City have each caused this Agreement to be executed by
their authorized representatives.
State of Colorado
County of Jefferson
)
)
)
OWNER
OWNER, LLC
By: ____________________________ __
Name: Bud Starker
Title: Owner -Walrus 5560 LLC
ss .
The foregoing Agreement was acknowledged before me this _ day of ______ , 2010, by
___________________ ,Starker Construction Company.
WITNESS MY HAND AND OFFICIAL SEAL.
My Commission expires: ________ _
CITY OF WHEAT RIDGE
ATTEST:
Name: Janelle Shaver
Title : City Clerk
NOTARY PUBLIC
By: -----------Name: Jerry DiTullio
Title: Mayor
Approved as to Form
Gerald E. Dahl , City Attorney
EXHIBIT A
SCOPE OF DEVELOPMENT
The project is a full-service sit-down restaurant and bar with interior seating for
about 100 as well as exterior patio seating. They will have an on-site parking lot
for 16 cars. They expect to have an initial staff of approximately 25 persons.
New improvements being constructed include:
• Two new curb cuts, curb and gutter and sidewalks adjacent to the property.
• A 16-stall parking lot with accessible spaces
• Demolition of a blighted structure on the site for patio and parking areas
• Remodel and addition to remaining commercial structure that will provide
for a commercial kitchen, accessible restroom facilities, new fa<;ade and
general improvements to the facility
• Outdoor seating patio
After construction the project will provide:
• The incremental future sales and use tax revenue expected from the
development of this property is significant;
• The project will generate many permanent good paying job opportunities, as
well as good construction-related jobs during construction and the economic
activity they bring to the sunounding neighborhood;
• The project will construct improvements in the public right-of-way which
will defer improvements being made by the city; and
• The project is in conformance with the best aspects of the comprehensive
plan.
.. ~·~ ... _ .,. City of •
JP'Wheat:R!_dge
TITLE:
ITEM NO: _3_,
DATE: September 24 ,2012
REQUEST FOR CITY COUNCIL ACTION
RESOLUTION NO. 49-2012 A RESOLUTION
AUTHORIZING THE EXECUTION OF AN AGREEMENT
WITH WALRUS 5560 FOR PARTICIPATION IN THE
ENHANCED SALES TAX INCENTIVE PROGRAM
(ESTIP) REBATING 25°/o OF THE ENHANCED SALES
TAX FOR A PERIOD OF THREE YEARS FOR THE
CONSTRUCTION OF A RESTAURANT AT 5560 W. 29TH
AVENUE
[:8J PUBLIC HEARING
D BIDS/MOTIONS
[:8J RESOLUTIONS
D ORDINANCES FOR 1ST READING
0 ORDINANCES FOR 2ND READING
D YES [:8J NO
ISSUE:
Walrus 5560 (Walrus) has made an application and request to participate in the City's Enhanced
Sales Tax Incentive Program (ESTIP), related to the construction of a new restaurant at 5560 W .
29 111 A venue. The request is for the rebate of 25% of the future sales tax increment for a period of
three years for an estimated total of$33 ,750.
PRIOR ACTION:
On August 25 , 2012 City Council reviewed a request from Walrus for a Business Development
Zone (BDZ) agreement to rebate 100% of use tax , building permit and zoning fees in an amount
not to exceed $25,500. City Council opted to continue the item to a future study session to
further review the request and examine other options for the request by Walrus. On September
10 , 2012 City Council discussed the request at a study session and directed staff to draft an
ESTIP agreement to rebate 25% of future sales tax increment for a period of three years and a
BDZ agreement to rebate 25% of use tax , building permit and zoning fees.
Council Action Form
September 24 , 2012
Page 2
FINANCIAL IMPACT:
This agreement will decrease future sales taxes to the City from the Walrus project by 25% of
the total City sales taxes generated for a period of three years for an estimated total of$33 ,750.
BACKGROUND:
Wheat Ridge Code of Laws Chapter 22, Article I, Division 4 , establishes the ESTIP , an
economic development tool. The goal of the ESTIP is to encourage the establishment and/or
substantial expansion of retail sales tax generating businesses within the City, stimulating the
economy of and within the City, and providing employment for residents of the City and others.
This tool allows the City Council to enter into agreements to rebate all or portions of enhanced
sales tax generated by terms of the agreement. The tool is intended to be used to expand the
goods available for purchase and consumption by residents and further increase the sales taxes
collected by the City.
Walrus has purchased property located at 5560 W. 29th Avenue in Wheat Ridge. The site
included two older structures. The buildings are zoned commercial and had been leased as
residential units. For the past few years one of the buildings has remained vacant, contributing to
a blighting factor in the neighborhood , while the other structure was in need of major repairs and
was showing its age.
Adjacent to the Walrus site to the west is a small commercial site that contains a produce market ,
a butcher, and a hair salon . To the east is a vacant structure and a small service industry business.
Walrus is developing the site to accommodate a full-service , sit-down restaurant and bar with
interior seating for about 100 . The project will include exterior patio seating. The project will
have an on-site parking lot for 16 vehicles and provide required accessible spaces . After
construction the facility will be leased to an un-named restaurant that expects to have an initial
staff of approximately 25 persons.
Public improvements being constructed at the expense of Walrus include two new curb cuts ,
curb and gutter, and sidewalks adjacent to the property.
During and upon completion of the project the end user will provide the following:
• Future sales and use tax revenue
• The generation of permanent jobs
• Construction-related jobs and the economic activity in the surrounding neighborhood
Business Incentive Package Request
Walrus is requesting a total financial contribution in the amount of25% of the enhanced sales
taxes generated by the project for a period of three years. In addition to the ESTIP rebate,
Walrus has requested a BDZ agreement to rebate 25% of the use tax , building permit and zoning
fees generated by the construction project. The ESTIP , as defined in Section 22-75 shall collect
Council Action Form
September 24, 2012
Page 3
and deposit into an account 25% of any enhanced sales taxes generated by the project above the
sales tax base amount of zero dollars.
RECOMMENDATIONS:
Staff recommends Council authorize the execution of the ESTIP agreement with Walrus 5560
providing a rebate of 25% of future sales tax increments for a period of three years for the
following reasons:
1. The project is estimated to generate approximately $45,000 in new sales tax to the City
on an annual basis
2. Twenty-five new permanent jobs will be created
3. A blighted, underutilized property will be revitalized with new public improvements
including sidewalk, curb and gutter
4. The project could act as a catalyst for other revitalization projects in east Wheat Ridge
along the 291h A venue corridor
5. The project assists in addressing the lack of full-service , sit-down restaurant options for
residents as noted in the City's comprehensive plan , citizen survey results and other
planning documents
RECOMMENDED MOTION:
"I move to approve adoption of Resolution No. 49-2012, a resolution authorizing the execution
of an agreement with Walrus 5560 for participation in the Enhanced Sales Tax Incentive
Program rebating 25% of the enhanced sales tax for a period of three years for the construction
of a restaurant at 5560 W. 29111 Avenue."
Or,
"I move to postpone indefinitely the adoption of Resolution No. 49-2012 , a resolution
authorizing the execution of an agreement with Walrus 5560 for participation in the Enhanced
Sales Tax Incentive Program for the following reason(s) "
REPORT PREPARED/REVIEWED BY:
Steve Art, Economic Development/ Urban Renewal Manager
Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution No. 49-2012
2. ESTIP Agreement
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 49
Series of 2012
TITLE: A RESOLUTION AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH WALRUS 5560 FOR PARTICIPATION IN
THE ENHANCED SALES TAX INCENTIVE PROGRAM (ESTIP)
REBATING 25% OF THE ENHANCED SALES TAX FOR A
PERIOD OF THREE YEARS FOR THE CONSTRUCTION OF A
RESTAURANT AT 5560 W. 29TH AVENUE
WHEREAS, the City has adopted as a portion of the Wheat Ridge Code of Laws
("Code") Chapter 22, Division 4, "Enhanced Sales Tax Incentive Program" (the
Program) to encourage, in part, continued development and expansion of opportunities
for employment in the private sector in the City; and
WHEREAS, Walrus 5560 (Owner) has applied to participate in the Program and
a public hearing was posted and conducted; and
WHEREAS, Owner is the owner and operator of leasable space and
improvements thereon within the City and is the operator of a commercial development
serving residents of Wheat Ridge and surrounding communities; and
WHEREAS, Owner plans to construct public improvements of approximately
$850,000 and a total project budget of approximately $1 ,000,000; and
WHEREAS, the project enhances services to the neighborhood and neighboring
communities and brings revenue to the City from surrounding communities -a true
definition of economic development; and
WHEREAS; the project creates up to 25 full and part-time jobs, and
WHEREAS; the project spurs reinvestment through remodeling and new
construction of a blighted structure, thus enhancing and preserving its economic viability
in the City; and
WHEREAS, cost-sharing at the rate prescribed herein will serve to aid the
expansion of Owner in that it will alleviate a portion of the costs associated with the
expansion.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Wheat Ridge, Colorado
An Agreement to participate in the City of Wheat Ridge Enhanced Sales Tax
Incentive Program with Walrus 5560 is hereby approved wherein 25% of
enhanced City sales tax generated by the project for a period of three years will
be rebated to Walrus 5560.
Attachment 1
DONE AND RESOLVED this 24th day of September 2012.
Jerry DiTullio, Mayor
ATTEST:
Janelle Shaver, City Clerk
AGREEMENT P URSUANT TO ENHANCED SALES TAX INCENTIVE PROGRAM
This Agreement Purs uant To Enhanced Sales Tax Incentive Program (this "Agreement")
is made and entered into as of the 24th day of September, 2012 , by and between WALRUS 5560
LLC located at 730 Kalamath Street, Denver, CO 80204, hereinafter referred to as the "Owner"
and the CITY OF WHEAT RIDGE , COLORADO, hereinafter referred to as the "City,"
collectively the "Parties ," and each individually, as a "Party."
RECITALS:
Whereas , the City has adopted Chapter 22 , Article I Division 4 of the Wheat Ridge Code
of Laws , entitled the Enhanced Sales Tax Incentive Program (the "ESTIP Program"), a copy of
which is attached hereto as Exhibit A, to encourage, in part , the establishment of retail sales tax
generating businesses within the City; and
Whereas , the Owner desires to participate in the ESTIP Program and to share in the
enhanced sales tax derived from the property described as a Restaurant , generally located at 5560
W . 29th Avenue in Wheat Ridge , Colorado and more particularly described in Exhibit B ,
attached hereto and incorporated by this reference (the "Property"), for the installation of Public
Improvements described in Exhibit C , attached hereto and incorporated by this reference (the
"Public Improvements") to the extent allowed by this Agreement and the ESTIP Program.
NOW , THEREFORE, in consideration of the foregoing premises and the covenants,
promises, and agreements of each of the Parties hereto , to be kept and performed by each of
them , the Parties agree as follows:
1. Recitals. The Recitals set forth above are incorporated in this Agreement by
reference.
2. Term. The term of this Agreement shall commence on the first day of the
calendar month following the month in which the Owner receives its Certificate of Occupancy
on the Property (the "Commencement Date") and shall terminate three (3) years thereafter,
unless earlier terminated as otherwise provided in this Agreement (the "Term ").
3. Application of City Code. This Agreement is subject to the limitations of the
ESTIP Program, as found in the City of Wheat Ridge Code of Laws. In the event of conflicts
between this Agreement and the ESTIP Program, the ESTIP Program shall control.
4. Qualification of Property for the ESTIP Program. The City agrees that the
Property qualifies for the ESTIP Program and the Public Improvements are improvements for
public and/or public related purposes that will stimulate the economy of and within the City,
pro vide employment opportunities for residents of this City and others, expand the goods
available for purchase and consumption by residents of the City, and increase sales taxes
collected by the City. The City finds the business is reasonably likely to generate enhanced sales
taxes of One Hundred Thirty-Fi ve Thousand ($135 ,000) over the full term of this Agreement.
The following provisions shall apply for each year in which the ESTIP Program is in effect for
the Property:
Attachment 2
a. Twenty Five percent (25%) of the "Enhanced Sales Taxes" collected by the City and
derived from the Property (the "Allocated Revenues") shall be segregated by the City to
be utilized for the ESTIP Program herein established and approved. For purposes of this
Agreement "Enhanced Sales Taxes" shall have the meaning set forth in the ESTIP
Program at Section 22-75 ofthe Wheat Ridge Code ofLaws.
b. The excess of collections in each year above the base amount shall be the Enhanced Sales
Taxes for that year. The actual amount of sales taxes collected on the Property during the
period for 12-months preceding the issuance of a certificate of occupancy by the City of
Wheat Ridge will be considered the "base amount".
c. The Owner shall share in the Enhanced Sales Taxes derived from the Property and the
business located thereon by the payment to the Owner of the Allocated Revenues as
provided herein.
d . The Allocated Revenues shall be disbursed to the Owner on an annual basis, following
the collection of sales taxes collected on and after the Commencement Date. The
maximum period of time that this Agreement shall be in effect shall for three (3) years,
commencing on the Commencement Date.
e. This Agreement is a personal agreement between the City and the Owner and does not
run with the Owner's property interest in the land. The obligations, benefits and/or the
provisions of this Agreement may not be assigned in whole or in part without the express
authorization of the City Council, acting in its sole and exclusive discretion and no third
party shall be entitled to rely upon or enforce any provisions herein. Notwithstanding the
foregoing, Owner may assign its interests in this Agreement to an affiliate or to a
successor by consolidation. For the purposes of this Paragraph, an affiliate means an
entity which controls, is controlled by, or is under common control with the Owner. This
Agreement shall never constitute a debt or obligation of the City within any constitutional
or statutory provision.
f. The Allocated Revenues subject to the Agreement shall be escrowed in the event there is
a legal challenge to the ESTIP Program or to the approval of this Agreement.
g. At the end of the Term of this Agreement, any monies segregated by the City which have
not been expended as hereunder provided may be transferred to another account of the
City or used in a manner determined by the City in its sole discretion, excluding any
amounts escrowed under Paragraph 4.f above.
h. As a precondition to the payment to Owner of any Allocated Revenues, , the Owner shall
first submit paid invoices to the City, for the City's review and approval as documenting
that the Owner has fully and completely constructed all of the Public Improvements
described on Exhibit C. Each invoice presented to the City by the Owner shall be
accompanied by an affidavit or other supporting documentation from the general
contractor stating:
1. that said improvements have been substantially completed pursuant to
plans and specifications approved by the City through the issuance of
permits and site plan approvals by the City in the ordinary course; and
11. that the Owner has paid the full amount specified on the invoice.
1. The Owner shall be deemed the "owner or proprietor" of the Property for the purposes of
this Agreement and the ESTIP Program, whether or not the Owner owns all or any
portion of the Property at any relevant time, since the Owner is coordinating the
installation ofthe Public Improvements.
5. City's Budget Process. Each year, the City Manager shall include in a budget
presented to the City Council pursuant to Chapter X, Sec. 10.2 of the Wheat Ridge Home Rule
City Charter, the appropriation of the Allocated Revenues for payment to the Owner as provided
in this Agreement. Nothing in this Agreement shall be construed as obligating the City Council
to appropriate the Allocated Revenues in any fiscal year.
6. No Debt or Pecuniary Liability. Notwithstanding anything in the Agreement to
the contrary, the Agreement is specifically subject to annual appropriation of sufficient funds to
pay the Allocated Revenue as provided in the ESTIP Program. No multiple year fiscal
obligation is created hereby. The decision of the City Council not to appropriate funds in any
given year shall not affect, impair or invalidate any of the remaining provisions of this
Agreement. None of the obligations of the City hereunder shall be payable from any source
other than Enhanced Sales Taxes.
7. Subordination. Notwithstanding anything in this Agreement to the contrary, the
Owner shall have no right, claim, lien, or priority, in or to the City's sales tax revenue that would
be superior to or on parity with the rights, claims, or liens of the holders of any sales tax revenue
that would be bonds, notes, certificates, or debentures payable from or secured by any sales
taxes, outstanding as of the Effective Date of this Agreement. All rights of the Owner are, and at
all times shall be, subordinate and inferior to the rights, claims and liens of the holders of any
and all such sales tax revenue bonds, notes, certificates, or debentures, issued by the City and
payable from or secured by any sales taxes.
8. No Covenant to Construct or to Open. The intent of this Agreement is to
provide for Owner's participation in the ESTIP Program, in the event that Owner constructs the
Public Improvements. Notwithstanding any provision in this Agreement to the contrary, Owner
shall have no obligation under this Agreement to construct the Public Improvements, and in that
event, the City shall have no obligation to share any of the Enhanced Sales taxes with Owner.
9. Remedies. The Owner waives any constitutional claims against the City arising
out of a breach of this Agreement. The Owner's remedies against the City under this Agreement
are limited to breach of contract claims. In no event shall the Owner be entitled to a claim, nor
shall the City be liable for, any special, exemplary, punitive or consequential damages of any
kind, including economic damages or lost profits.
10. Severability. It is understood and agreed by the Parties that if any part, term or
provision of this Agreement is held by the courts to be illegal or in conflict with any law of the
State of Colorado , the validity of the remaining portions or provisions shall not be affected , the
rights and obligations of the Parties shall be construed and enforced as if the Agreement did not
contain the particular part, term or provision held to be invalid , and the Parties shall cooperate to
cure any legal defects in the Agreement or the ESTIP . Should the allocation of the Enhanced
Sales Tax , or the payment of the Allocated Revenues be judicially adjudged illegal , invalid or
unenforceable under the present or future laws effective during the Term of this Agreement by a
court of competent jurisdiction in a final , non-appealable judgment, the Parties shall utilize their
best , good faith efforts to restructure this Agreement or enter into a new agreement consistent
with the purposes of this Agreement. Should the Parties be unsuccessful in their efforts, the
Agreement shall terminate without penalty or recourse to the City.
11. Governing Law. The laws of the State of Colorado shall govern the validity ,
performance and enforcement of this Agreement. Should either Party institute legal suit or
action for enforcement of any obligation contained herein , it is agreed that venue of such suit or
action shall be proper and exclusive in the district court for Jefferson County , Colorado.
12. Notices. All notices required or permitted under this Agreement shall be in
writing and shall be hand delivered or sent by certified mail ; return receipt requested , postage
prepaid , to be addressed to the Parties set forth below. All notices so given shall be considered
effective upon the earlier of the actual receipt or seventy-two (72) hours after deposit in the
United States Mail with the proper address. Either Party by notice so given may change the
address to which future notices shall be sent:
Notice to the City:
Copy to:
Notice to the Owner:
City Manager
City of Wheat Ridge
7500 W. 29 111 Avenue
Wheat Ridge , CO 80033
City Attorney
City of Wheat Ridge
7500 W. 29th Avenue
Wheat Ridge , CO 80033
Bud Starker
Walrus 5560 LLC
730 Kalamath Street
Denver, CO 80204
13. Entire Agreement -Amendments. This Agreement embodies the whole
agreement of the Parties . There are no promises, terms , conditions , or obligations other than
those contained herein and this Agreement shall supersede all previous communications,
representations or agreements , either verbal or written , between the Parties hereto. This
Agreement may be amended only by written agreement between the Owner and the City acting
pursuant to City Council authorization.
14. Effective Date. This Agreement shall be effective and binding upon the Parties
upon the date first set forth above . Notwithstanding any provision of this Agreement which may
be interpreted to the contrary, in the event that Owner does not acquire title to the Property and
construct and make improvements to the Property on or before June 30 , 2013 , then upon notice
by the Owner to the City, this Agreement shall terminate and both Parties shall be relieved of all
liability hereunder.
IN WITNESS WHERE OF , Owner and City have each caused this Agreement to be executed by
the authorized Parties.
State of Colorado
County of ____ _
)
) ss.
)
OWNER
Walrus 5560
Bud Starker
President
The foregoing Agreement was acknowledged before me this _ day of _____ , 20_,
by as [title] of
______________________ ,me.
WITNESS MY HAND AND OFFICAL SEAL.
My Commission expires: ________ _
Notary Public
ATTEST:
Name: Janelle Shaver
Title: City Clerk
State of Colorado )
) ss.
County of Jefferson )
CITY OF WHEAT RIDGE
By: --------------------
Name: Jerry DiTullio
Title: Mayor
The foregoing Agreement was acknowledged before me this ___ day of , 20_,
by Jerry DiTullio as Mayor and Janelle Shaver as City Clerk, respectively, of the City of Wheat
Ridge, Colorado.
WITNESS MY HAND AND OFFICAL SEAL.
My Commission expires: ______________ _
Notary Public
EXHIBIT A
Ordinance 2001-08
The Enhanced Sales Tax Incentive Program
(The "ESTIP Program")
Sec. 22-73. -Program established.
There is hereby established within the city an enhanced sales tax incentive
program.
(Ord. No . 1988-758, § 1(24-1), 5-23-88; Ord. No . 1272, § 1. 12-9-02)
Sec. 22-74. -Purpose.
The purpose of the enhanced sales tax incentive program created by this division
is to encourage the establishment and/or substantial expansion of retail sales tax
generating businesses within the city, thereby stimulating the economy of and within the
city, thereby providing employment for residents of the city and others, thereby further
expanding the goods available for purchase and consumption by residents of the city, and
further increasing the sales taxes collected by the city, which increased sales tax
collections will enable the city to provide expanded and improved municipal services to
and for the benefit of the residents of the city, while at the same time providing public or
public-related improvements at no cost, or at deferred cost, to the city and its taxpayers
and residents .
(Ord. No. 1988-758, §I (24-2). 5-23-88; Ord. No . 1272. §'I, 1 2-9-02)
Sec. 22-75. -Definitions.
The following words, tem1s and phrases, when used in this division, shall have
the meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Enhanced sales tax shall mean the amount of sales tax collected by the city over
and above a base amount negotiated by, and agreed upon by, the applicant and the city,
and which amount is approved by the city council , which base amount shall never be
lower than the amount of sales taxes collected by the city at the property in question in
the previous twelve (12) months plus a reasonable and agreed upon percentage of
anticipated increase in sales taxes , or, in the case of a newly established business , an
amount which represents the good faith determination by the applicant and the city as to
the amount of sales taxes which could be generated from the new business without the
participation by applicant in the ESTIP created under this division.
2
ESTIP means the enhanced sales tax incentive program created under this
division.
Owner or proprietor shall mean the record owner or operator of an individual
business, or, in the case of a shopping center, the owner of the real property upon which
more than one (1) business is operated, provided that the owner (whether an individual,
corporation, partnership or other entity) is the owner or less or of the individual
businesses operated thereon.
(On/. No. 1988-758,,\\ 1(24-3), 5-23-88; Ord. No. 1272, § 1, 12-9-02)
Sec. 22-76.-Participation.
Participation in ESTIP shall be based upon approval by the city council
exercising its legislative discretion in good faith. Any owner or proprietor of a newly
established or proposed retail sales tax generating business or location, or the owner or
proprietor of an existing retail sales tax generating business or location which wishes to
expand substantially, may apply to the city for inclusion within the ESTIP provided that
the new or expanded business is reasonably likely to generate enhanced sales taxes of at
least five thousand dollars ($5,000.00) in the first year of operation.
(Ord. No. 1988-758, § 1(24-4), 5-23-88; Ord. No. 1990-854, §· 1, ll-26-90: Ord. No.
1272, § 1, 12-9-02)
Sec. 22-77.-Approval of agreement; use offunds generally.
Approval by the city council of an agreement implementing this ESTIP shall
entitle the successful applicant to share in enhanced sales taxes derived from applicant's
property or business in an amount which shall not in any event exceed the enhanced sales
taxes; provided, however, that applicant may use such amounts only for public and/or
public-related purposes such as those specified herein and which are expressly approved
by the city council at the time of consideration of the application. The time period in
which the enhanced sales taxes may be shared shall not commence until all public or
public-related improvements are completed, and shall be limited by the city council , in its
discretion, to a specified time, or until a specified amount is reached.
(Ord. No. 1988-758, ,\r;; 1(24-5), 5-23-88: Ord. No. 2002-1240, § 1, 1-28-02; Ord. No.
1272, § 1, 12-9-02)
Sec. 22-78. -Uses enumerated.
The uses to which the shared enhanced sales taxes may be put by an applicant
shall be strictly limited to those which are public or public-related in nature. For the
purposes of this division, public or public-related purposes shall mean public
improvements, including but not limited to streets, sidewalks, curbs, gutters, pedestrian
malls, street lights, drainage facilities, landscaping, decorative structures, statuaries,
3
fountains, identification signs, traffic safety devices, bicycle paths, off-street parking
facilities, benches, restrooms, infonnation booths, public meeting facilities, and all
necessary, incidental, and appurtenant structures and improvements, together with the
relocation and improvement of existing utility lines, and any other improvements of a
similar nature wltich are specifically approved by the city council upon the city council's
finding that said improvement are public or public-related improvements, and that such
improvements shall enhance the competitive position of the applicant witltin the Denver
metropolitan area marketplace.
(On/. No. 1988-758,5 1(24-6). 5-23-88: Ord. No. 1272. 3'' 1. 12-9-01)
Sec. 22-79. -Increments, sharing of funds.
The base figure for sales taxes shall be divided into twelve (12) monthly
increments, which increments are subject to agreement between the parties, and approval
by the city council, and wltich increments shall be reasonably related to the average
monthly performance of the business or property in question, or similar businesses in the
area (i.e. adjust for seasonal variations). If in any month the agreed upon figure is not met
by applicant so as to create enhanced sales tax for that month, no funds shall be shared
with applicant for that month, and no increment shall be shared until that deficit, and any
other cumulative deficit, has been met, so that at the end of any twelve-month cycle,
funds in excess of those enhanced sales taxes agreed to be shared shall not have been
shared with any applicant.
(On/. 1\'o 1988-758, ~' 1(24-7), 5-23-88: On/. No. 1272, _,,. 1. 12-9-01)
Sec. 22-80.-Revenues restricted.
It is an overriding consideration and determination of the city council that
existing sources of city sales tax revenues shall not be used, impaired, or otherwise
affected by this enhanced sales tax incentive program. Therefore, it is hereby
conclusively detennined that only enhanced sales taxes generated by the properties
described in an application shall be subject to division under tltis ESTIP. It shall be the
affirmative duty of the treasurer to collect and hold all such enhanced sales taxes in a
separate account apart from the sales taxes generated by and collected from the other
sales tax generating uses and businesses witltin the city and to provide an accounting
system which accomplishes the overriding purpose oftltis section. It is conclusively
stated by the city council that tltis division would not be adopted or implemented but for
the provisions oftltis section.
(On/. No. 1988-758,,\ 1(24-8). 5-23-88: Ord. No. 1272. ·'' 1. 12-9-02)
Sec. 22-81.-Capital improvement fund.
The one ( l) percent of sales and use taxes earmarked for the capital improvement
fund may be utilized in this ESTIP for public improvements so long as the same are
4
within the meaning of the phrase capital improvements as defmed in the voter approved
sales tax referendum previously held within the city, and provided that the same are
found and determined by the city council to be capital improvements which could be
provided by the city from the capital improvement fund but for the provision of such
improvements by the applicant; provided, however, that such use of capital improvement
funds as part of this ESTIP shall be limited to the amount agreed pursuant to section 22-
83 hereof; provided further, however, that nothing contained herein shall limit the city
council in the determination to appropriate additional capital improvement funds for
capital improvements affecting the property in question as a part of the city's regular
appropriation and budget process.
(Ord. No. 1988-758, .'>' 1(2 4-9), 5-23-88; Ord. No. 1272, § 1, 12-9-02)
Sec. 22-82.-Criteria for approval of application.
Approval of an application for inclusion in this ESTIP shall be given by the city
council at a public hearing held as a portion of a regularly scheduled city council
meeting, based upon the following criteria :
(I)
(2)
(3)
(4)
(5)
(6)
The amount of enhanced sales taxes which are reasonably to be
anticipated to be derived by the city through the expanded or new retail
sales tax generating business;
The public benefits which are provided by the applicant through public
works, public improvements, additional employment for city residents,
etc;
The amount of expenditures which may be deferred by the city based
upon public improvements to be completed by the applicant;
The conformance of the applicant's property or project with the
comprehensive plan and zoning ordinances of the city;
The agreement required by section 22-83 having been reached, which
agreement shall contain and conform to all requirements of section 22-83
Approval shall be by motion adopted by a majority of the entire city
council.
(Ord. No. 1988-758. ,f 1(24-10). 5-23-R8: Ord. No . 1272., 1. 12-9-02)
Sec. 22-83. -Agreem ent required.
5
Each application for approval submitted to the city council shall be subject to
approval by the council solely on its own merits. Approval of an application shall require
that an agreement be executed by the owner and the city, which agreement shall , at a
minimum, contain:
(I)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
A list of those public or public-related improvements which justify
applicant's approval, and the amow1t which shall be spent on such
improvements ;
The maximum amount of enhanced sales taxes to be shared, and the
maximum time during which the agreement shall continue, it being
expressly understood that any such agreement shall expire and be of no
further force and effect upon the occurrence of the earlier to be reached
of the maximum time of the agreement (whether or not the maximum
amount to be shared has been reached) or the maximum amount to be
shared (whether or not the maximum time set forth has expired);
A statement that this is a personal agreement which is not transferable
and which does not run with the land;
That this agreement shall never constitute a debt or obligation of the city
within any constitutional or statutory provision ;
The base amount which is agreed upon by month , and the fact that if, in
any month as specified , sales taxes received from the property do not at
least equal such amount , that there shaJJ be no sharing of funds for such
month;
The base amount shall be agreed upon which shall consider the historic
level of sales at the property in question, or a similar property within the
area in the event of a new business , and a reasonable allowance for
increased sales due to the improvements and upgrades completed as a
result of inclusion within this program;
A provision that any enhanced sales taxes subject to sharing shall be
escrowed in the event there is a legal challenge to tlus enhanced sales tax
incentive program or the approval of any application therefor;
6
(9)
An affirmative statement that the obligations, benefits, and/or provisions
of this agreement may not be assigned in whole or in any part without the
expressed authorization of the city council , and further that no third party
shall be entitled to rely upon or enforce any provision hereof;
Any other provisions agreed upon by the parties and approved by the city
council.
(Ord. No. 1988-758. § 1(24-11}, 5-23-88: Ore/. No. 1272, § 1. 12-9-02)
Sec. 22-84.-Joint venture; liability.
The city council has enacted this ESTIP as a joint benefit to the public at large
and to private owners for the purposes of providing the city with increased sales tax
revenues generated upon and by properties improved as a result of this program; public
improvements being completed by private owners through no debt obligation being
incurred on the part of the city, and allowing applicants an opportunity to improve
properties which generate sales activities, which improvements make those properties
more competitive in the marketplace and further provide to the applicant additional
contingent sources of revenues for upgrading such properties. The city council
specifically finds and determines that creation of this ESTIP is consistent with the city's
powers as a home rule municipal corporation, and that exercise of such powers in the
manner set forth herein is in furtherance of the public health, safety and welfare.
Notwithstanding any provision hereof, the city shall never be a joint venture in any
private entity or activity which participates in this ESTIP, and the city shall never be
liable or responsible for any debt or obligation of any participant in ESTIP .
(Ord. No . 1988-758, §· 1(24-12), 5-23-88: Ord. No. 1272, § 1, 12-9-02)
7
EXHIBITB
Legal Description of the Property
8
Legal Description per Title Commitment:
Commitment Number: 1484948
effecti ve Date : SfPTE:MBER 6, 2011
LOTS 37, 38, 39 AND 40,
BLOCK 4,
LAKESIDE RESUBDIVISION OF BLOCKS 1 TO 7 AND THE
NORTH HALF OF BLOCK 8 IN THE ORIGINAL PLA TTTON
OF LAKESIDE,
COUNTY OF JEFFERSON,
STATE OF COLORADO.
SURVEYOR'S CERTIFICATE:
TO IHOR WOLOBYMYR & ODARKA MARIA FIGLUS &
MARIA WOLODYMYRA FIGLUS, WILLIAM J. STARKER
and CHICAGO TITLE OF COLORADO, INC.
This is to certify that this map or plat and the
survey on which it is based were made in
accordance with the 2011 Minimum Standard Detail
Requirements for ALTA/ASCM Land Title Surveys,
jointly established and adopted by .ALTA and NSPS,
and includes items 1, 4, 7(a) & b), 8, 9, and 11a
of Tab le'''A ~ tl:iereof. .· . .... \"""· .... ) .· .. : ,... •. --_
~.: . . . . . ' . -==-~
\-'\ ::: . ·. __ :· ... · __ : ii~~Ji:\;;
I~ OJ~e ~lfr----
-... 'U\ -,,, .... · ~-~~ ..... . <!/.-, '··-.. , ......... ··· -i:J«;:-,,, .._., .,....~ ,,, ·.:.._ ·Ji L . ANV ,,
--L tlf J ~ ..... .,.,,.,..... ..... .,.,.,./,llti/
Standard Notes:
1. Notice: According to Colorado Law you must
commence any legal action based upon any defect
in this survey within three years after you first
discover such defect. In no event may any action
based upon any defect in this survey be commenced
more than ten years from the date of the
certification shown hereon.
2. -An-_y person who -knowingly. rfHTJoves, -olters or · --· · ·
defaces any public land survey monument or land
boundary monument or accessory commits a Closs
Two (2) Misdemeanor pursuant to the Colorado
Revised Statute 18-4-508.
J. This survey does not constitute a title search by
AAA Surveying Services, LLC to determine ownership
or easements of record. For all Information
re ardin easements; ·rr ht-of-wa · -or -title aT'-· -~· ··--·------·· -·
EXHIBITC
Qualifying Public Improvement Costs
• Two curb cuts, curb and gutter and sidewalks adjacent to the property.
• A 16-stall parking Jot with accessible spaces.
• Demolition of a blighted structure on the site for patio and parking areas
• Outdoor seating patio
• Remodel and new construction to remove blight in the area.
9
~ ~ . ,
... ~ .. City of •
?WheatR.i___dge
ITEM NO:~
DATE: September 24, 2012
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 22-2012 AN ORDINANCE
AMENDING CHAPTER 26 CONCERNING THE REVIEW
PROCESS FOR PUBLIC SCHOOLS
D PUBLIC HEARING
D BIDS/MOTIONS
D RESOLUTIONS
ISSUE:
~ ORDINANCES FOR I ST READING (09/24/2012)
0 ORDINANCES FOR 2 ° READING (10/08/2012)
D YES
The City's zoning code requires a Special Use Permit (SUP) for public and private schools in all
residential zone districts, agricultural zone districts, and in the Neighborhood Commercial (NC),
Restricted Commercial (RC), and Commercial-One (C-1) districts. Prior to a new school opening
in one of these zone districts, the applicant is required to complete the SUP process. An SUP is
also required if an expansion beyond the size of the originally-approved school is proposed.
The State of Colorado adopted legislation about the siting and construction of public and charter
schools, codified in Section 22-32-124 of the Colorado Revised Statutes (CRS). According to the
City Attorney, the City's current requirement for an SUP for a public or charter school is in
conflict with this state law. The proposed ordinance would update the review process for public
schools so that it conforms to Colorado law.
PRIOR ACTION:
City Council reviewed a draft of this ordinance at a Study Session on August 6 , 2012. Planning
Commission recommended approval of the proposed ordinance at a Public Hearing on
September 6 , 2012 , with the condition that the use categories for schools be consistent across all
zone districts, to match the language in the Commercial Industrial di stricts. This condition has
been incorporated into the attached ordinance.
Council Action Form
September 24, 2012
Page2
FINANCIAL IMPACT:
There is no financial impact associated with this ordinance.
BACKGROUND:
Public and private schools are currently a special use in all residential zone districts , agricultural
zone districts , and in the Neighborhood Commercial (NC), Restricted Commercial (RC), and
Commercial-One (C-1) zone districts. Any special use requires an approved Special Use Permit
(SUP) in order to legally operate. The SUP process entails a neighborhood meeting, referral of
the application to outside agencies and utility providers, and a public noticing period . If public
objections are received , an SUP must be approved in a public hearing by City Council. If not, an
SUP may be approved administratively. SUP 's are approved, approved with conditions, or
denied based on a list of criteria that relate to the impacts of the use. The SUP process typically
takes about three months and entails the review of a site plan and , for some uses , also requires
review of a traffic study.
The City has been requiring SUPs for new or expanded schools in the zone districts listed above
for many years. Recently, a charter school in Wheat Ridge (located in residential and agricultural
zone districts) requested an expansion . Staff informed them of the typical process to apply for an
updated SUP that would address the impacts, particularly related to traffic, of a significantly
increased student body. The charter school protested , citing the regulations in CRS 22-32-124 ,
which state that local jurisdictions "cannot limit the authority of a board of education to finally
determine the location ofthe public schools of the school district and construct necessary
buildings and structures ." Staff consulted the City Attorney on this topic. After careful review of
the legislation and case law, the City Attorney concluded that Wheat Ridge cannot require a
public school or charter school to complete an SUP before granting permission to locate on a
new site or to expand at a current site.
The City Attorney did find , however, that it is acceptable to require review of a site plan and
other necessary documents , such as a traffic study, for a new or expanding public school. The
attached ordinance would replace the Special Use Permit requirement for public and charter
schools with a site plan review requirement.
RECOMMENDATIONS:
The primary purpose of this code change is to (a) bring Wheat Ridge zoning regulations into
conformance with state law and (b) continue to provide a method to review the impacts of a
school on its surrounding neighborhood. The first proposed code change is to clearly list public
schools , which includes charter schools , as a permitted use in all zone districts. According to the
City Attorney, this is the only way to ensure compliance with the state 's regulations. Private
schools, as well as colleges and universities , would remain special uses in the same zone districts
that they are today.
The second proposed code change is to clarify that , although public schools are a permitted use
in any zone district, they are subject to the site plan review process. Similar to the SUP process ,
the site plan process requires submittal of a site plan as well as any other supplemental material
Council Action Form
September 24 , 2012
Page 3
that staff deems necessary, such as building elevations, landscape plans , drainage studies, and
traffic impact studies . Also similar to the SUP process, staff places the proposed site plan on
review to outside agencies and utility providers for their comments. Unlike an SUP, the site plan
process does not require a neighborhood meeting or public comment period and there is no
chance that it will go to public hearing. All site plans are approved administratively.
Staff recommends approval of this ordinance in order to bring the City's regulations into
conformance with state law.
RECOMMENDED MOTION:
"I move to approve Council Bill No. 22-2012 , an ordinance amending Chapter 26
concerning the review process for public schools, on first reading, order it published,
public hearing set for Monday, October 8th at 7 p.m. in City Council Chambers, and that
it take effect 15 days after final publication."
Or,
"I move to postpone indefinitely the ordinance to amend Chapter 26 concerning the
review process for public schools for the following reason(s) "
REPORT PREPARED BY;
Sarah Showalter, Planner II
Kenneth Johnstone, Community Development Director
ATTACHMENTS:
1. Council Bill No . 22-2012
CITY OF WHEAT RIDGE
INTRODUCED BY COUNCIL MEMBER-----
COUNCIL BILL NO. 22
ORDINANCE NO. ___ _
Series of 2012
TITLE: AN ORDINANCE AMENDING CHAPTER 26 CONCERNING THE
REVIEW PROCESS FOR PUBLIC SCHOOLS
WHEREAS, the City Council of the City of Wheat Ridge is authorized by the
Home Rule Charter and the Colorado Constitution and statutes to enact and enforce
ordinances for the preservation of the public health, safety and welfare; and
WHEREAS, in the exercise of that authority, the City Council of the City of Wheat
Ridge has previously enacted Chapter 26 of the Wheat Ridge Code of Laws (the
"Code") pertaining to zoning, land use, and development; and
WHEREAS, the City's current requirement for public schools to complete a
Special Use Permit does not comply with the Colorado Revised Statutes, Title 22; and
WHEREAS, the City wishes to amend Chapter 26 so that the review process for
public schools complies with state law.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1: Section 26-123 of the Code is amended to include the following new
definitions in appropriate alphabetical order:
SCHOOL. PRIVATE. ANY PRIVATE OR PAROCHIAL SCHOOL FOR ANY GRADES
BETWEEN KINDERGARTEN AND TWELFTH THAT IS NOT A PUBLIC SCHOOL
AND THAT IS EITHER ACCREDITED BY THE COLORADO DEPARTMENT OF
EDUCATION OR RECOGNIZED BY AND IN GOOD STANDING WITH THE
COLORADO DEPARTMENT OF EDUCATION. THIS TERM SHALL NOT INCLUDE
DAY CAMPS OR TRADE OR BUSINESS SCHOOLS.
SCHOOL. PUBLIC. ANY SCHOOL THAT DERIVES ITS SUPPORT. IN WHOLE OR
PART. FROM MONEYS RAISED BY A GENERAL STATE. COUNTY, OR DISTRICT
TAX AND THAT IS ACCREDITED BY THE COLORADO DEPARTMENT OF
EDUCATION. A PUBLIC SCHOOL SHALL ALSO INCLUDE A SCHOOL THAT
OPERATES UNDER A CHARTER CONTRACT ENTERED INTO PURSUANT TO THE
PROVISIONS OF ARTICLE 30.5 OF TITLE 22, C.R.S.
Attachment 1
1
Section 2: Section 26-123 of the Code is amended to delete the following definitions:
SGhool, publiG, private and paroGhial. Any publiG, paroGhial or pri•Jate sGhool for
any grades between kindergarten and t\¥elfth that is either aGGredited by the
Colorado Department of EduGation or reGognized by and in good standing with
the Colorado Department of EduGation for purposes of Gompulsory eduGation
requirements. This term shall not inGiude "trade or business sGhools" or "day
Gamps."
Section 3: The Tables of Uses in Section 26-204 of the Code are amended to read:
Section 26-204. Zone district use schedule
Table of Uses-Residential
Uses Notes R-1 R-1A R-18 R-1C R-2 R-2A
One-family p p p p p p
dwelling
Two-family p p
dwelling
Three-family p
dwelling
Four-family p
dwelling
Multifamily
dwelling
Bed and breakfast See§ 26-608 s s s s s s
Church, parish s s s s s s
house
Day care home, s s s s s s
large
Electric s s s s s s
transmission
substation
Farmers' markets Not permitted as an p p p p p p
accessory use on
properties where the
2
R-3 R-3A
p p
p p
p p
p p
p p
s s
s s
p p
s s
p p
Uses Notes R-1 R-1A R-18 R-1C R-2 R-2A R-3 R-3A
primary use is a single-or
two-family home.
Submittal to community
development department
required . See§ 26-635
Foster care home p p p p p p p p
Governmental and No outside storage p p p p p p p p
quasi-
governmental
buildings, fire
stations and public
utility buildings
Governmental and Outside storage s s s s s s s s
quasi-
governmental
buildings, fire
stations and public
utility buildings
Parking of Shall be allowed only on p p p p p p p p
automobiles of lots containing
clients, patients or nonresidential or quasi-
patrons of public uses, subject to §
adjacent 26-501C.4
commercial or
nonresidential
uses
Parking of Shall be allowed on lots s s s s s s s s
automobiles of adjacent to business only
clients, patients or if the business owner also
patrons of owns the adjacent lot
adjacent
commercial uses
Parks Includes: Noncommercial p p p p p p p p
playgrounds or other
public recreation uses
Produce stands See § 26-636. Where p p p p p p p p
located on a lot with a
3
Uses Notes R-1 R-1A R-18 R-1C R-2 R-2A R-3 R-3A
residential dwelling unit,
must meet home
occupation regulations
per§ 26-613
Public or private Restaurants, lounges and s s s s s s s s
golf courses, bars permitted as
country clubs or accessory to a public or
clubs operated for private golf course
the benefit of
members only and
not for gain
P.,.blis and s s s s s s s s
pFi¥ate sshaals,
salleges and
.,.ni'J8FSities.
Residential group See§ 26-612 s s s s s s s s
home for children
Residential group See§ 26-612 p p p p p p p p
homes, nursing
homes, and
congregate care
facilities for 8 or
fewer elderly
persons
Residential group See§ 26-612 s s s s s s s s
homes , nursing
homes , or
congregate care
facility for 9 or
more elderly
persons
SCHOOLS FOR CONDUCTED ENTIRELY ~ ~ ~ § ~ ~ ~ ~
INDUSTRIAL OR WITHIN AN ENCLOSED
.BUSINESS BUILDING
TRAINING.
INCLUDING
VOCATIONAL
4
Uses Notes R-1 R-1A R-18 R-1C R-2 R-2A R-3 R-3A
TRADE OR
PROFESSIONAL
SCHOOLS AND
COLLEGES AND
UNIVERSITIES
SCHOOLSi MUST COMPLETE SITE f f f f f f f f
PUBLIC PLAN REVIEW
{KINDERGARTEN PROCESS PER § 26-111
THROUGH
TWELFTH INCLUDES THOSE
GRADE) ACCESSORY USES
COMMONLY
ACCEPTED AS
NECESSARY THERETO
WHEN LOCATED ON
THE SAME PREMISES.
SCHOOLS: INCLUDES: THOSE ~ ~ ~ ~ ~ ~ ~ ~
PRIVATEj ACCESSORY USES
{KINDERGARTEN COMMONLY
THROUGH ACCEPTED AS
TWELFTH NECESSARY THERETO
GRADE) WHEN LOCATED ON
THE SAME PREMISES
SCHOOLSj INCLUDES: THOSE ~ ~ ~ ~ ~ ~ ~ ~
COLLEGES AND ACCESSORY USES
UNIVERSITIES COMMONLY
WITH OUTDOOR ACCEPTED AS CAMPUS NECESSARY THERETO
1WHEN LOCATED ON
THE SAME PREMISES
Urban gardens See§ 26-637 p p p p p p p p
Wind powered Not in excess of 35 f eet s s s s s s s s
el ectri c generators
5
Table of Uses-Agricultural and Public Facilities
Uses Notes A-1 A-2 PF
Bed-and-breakfast Subject to requirements set forth in § s s
26-608
Cemeteries and Not including funeral homes s s
crematories
Churches parish s s
houses
Day care home, large s s
Day care center, large s s
Day care center, small s s
Dog kennels, Provided that outside runs which are s s
catteries, veterinary adjacent to residentially zoned or used
hospitals property are no closer than 25 feet to a
side or rear lot line
Electric transmission s s
substations
Farmers' markets Submittal to community development p p p
department required. See § 26-635
General farming and PROHIBITED in A-1: The raising or p p
raising or keeping of keeping of swine
stock, bee keeping,
INCLUDED in A-2: The keeping of poultry or small
animals such as swine and/or potbellied pigs, Sus
rabbits or chinchillas Scrota Vittatus, except such animals
shall not be fed garbage
Foster care home p p
Fish hatcheries p p
Governmental and No outside storage p p p
quasi-governmental
buildings, fire stations
and public utility
buildings
6
Uses Notes A-1 A-2 PF
Governmental and Outside storage s s p
quasi-governmental
buildings, fire stations
and public utility
buildings
Greenhouses and See§ 26-624 p p
landscape nurseries,
including both
wholesale and retail
sales of related
products
One-family dwelling p p
Parks Includes noncommercial playgrounds p p p
or other public recreation uses
Produce stands See § 26-636. Where located on a lot p p p
with a residential dwelling unit, must
meet home occupation regulations per
§ 26-613
py~liG aREi pFitn~le IR pY~Iis fasilily EtislFiGl eRiy pY~IiG s s p
ssheels, selleges, ssheels
aREi YRi~t8F6ilies
Public or private golf Not including a private club which s s
courses, country clubs provides service customarily carried on
or clubs operated for as a business
the benefit of
members only and not
for gain
Race track, fair s s
grounds, amusement
resorts, heliports,
radio towers and
stations
Residential group See§ 26-612 p p
homes for 8 or fewer
elderly persons
7
Uses Notes A-1 A-2 PF
Residential group or See§ 26-612 s
nursing homes, or
congregate care
facilities for 9 or more
elderly persons
SCHOOLS FOR CONDUCTED ENTIRELY WITHIN AN ~ ~ ~
INDUSTRIAL OR ENCLOSED BUILDING
BUSINESS
TRAINING.
INCLUDING
VOCATIONAL
TRADE OR
PROFESSIONAL
SCHOOLS AND
COLLEGES AND
UNIVERSITIES
SCHOOLS; PUBLIC MUST COMPLETE SITE PLAN ~ ~ ~
{KINDERGARTEN REVIEW PROCESS PER§ 26-111
THROUGH
TWELFTH GRADE) INCLUDES THOSE USES
COMMONLY ACCEPTED AS
NECESSARY THERETO WHEN
LOCATED ON THE SAME
PREMISES.
SCHOOLS; PRIVATE .INCLUDES: THOSE ACCESSORY ~ ~ §
(KINDERGARTEN USES COMMONLY ACCEPTED AS
THROUGH NECESSARY THERETO WHEN
TWELFTH) LOCATED ON THE SAME
PREMISES
SCHOOLS; INCLUDES: THOSE USES ~ ~ ~
COLLEGES AND COMMONLY ACCEPTED AS
UNIVERSITIES WITH NECESSARY THERETO WHEN
OUTDOOR CAMPUS LOCATED ON THE SAME
PREMISES
Residential group See§ 26-612 s
homes for children
Riding academies and Provided that any structure housing p p
animals which is adjacent to a
8
Uses Notes A-1 A-2 PF
public stables res identially zoned or used property
shall be no closer than 25 feet to a side
or rear lot line
Urban gardens See§ 26-637 p p p
W ind-powered electric s s
generators not in
excess of 35 feet.
Table of Uses-Commercial and Industrial Districts
Uses Notes NC RC C-1 C-2 1-E
Schools for Conducted entirely within an enclosed f s s
industrial or building f f
business training ,
including vocational
trade or professional
schools,AND
COLLEGES AND
UNIVERSITIES
SCHOOLS; MUST COMPLETE SITE PLAN f f f f f
PUBLIC REVIEW PROCESS PER § 26-111
(KINDERGARTEN
THROUGH
TWELFTH GRADE) INCLUDES: THOSE USES
COMMONLY ACCEPTED AS
NECESSARY THERETO WHEN
LOCATED ON THE SAME PREMISES
Schools: Publis; INCLUDES: Those uses commonly s s s p p
PRIVATE accepted as necessary thereto when
(KINDERGARTEN located on the same premises
THROUGH
TWELFTH GRADEl
SCHOOLS; INCLUDES: THOSE USES § § § f f
COLLEGES AND COMMONLY ACCEPTED AS
UNIVERSITIES NECESSARY THERETO WHEN
WITH OUTDOOR LOCATED ON THE SAME PREMISES
CAMPUS
Section 4: Safety Clause . Th e C ity Council he re by finds , dete rmin e s, a nd d e cl a res
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 publ ic and that this
9
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 5: Severability; Conflicting Ordinances Repealed . If any section ,
subsection or clause of the ordinance shall be deemed to be unconstitutional or
otherwise invalid , the validity of the remain ing sections, subsections and clauses shall
not be affected thereby. All other ordinances or parts of the ordinances in conflict with
the provisions of this ordinance are hereby repealed .
Section 6: Effective Date. This Ordinance shall take effect fifteen days after final
publ ication , as provided by Section 5.11 of the Charter.
INTRODUCED , READ, AND ADOPTED on first reading by a vote of _ to _
on this __ day of , 2012, ordered published in full in a newspaper of
general circulation in the City of Wheat R idge , and Public Hearing and consideration on
final passage set for Monday, October 8, 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 final reading by
a vote of_ to _, this day of , 2012 .
SIGNED by the Mayor on this __ day of _____ , 2012 .
ATIEST:
Janelle Shaver, City Clerk
First Publication :
S econd Publication :
Wheat Ridge Transcript
Effective Date:
Jerry DiTullio , Mayor
Approved as to Form
Gerald E. Dahl , City Attorney
10
~ ~ £ ..
.. ~ ., City of •
"?WheatR.i_dge
ITEM NO: _5_.
DATE: September 24, 2012
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 21-2012 AN ORDINANCE
AMENDING CHAPTER 26 CONCERNING THE CREATION
OF AN INDUSTRIAL-EMPLOYMENT ZONE DISTRICT
D PUBLIC HEARING
D BIDS/MOTIONS
0 RESOLUTIONS
ISSUE:
1:8:] ORDINANCES FOR 1ST READING (09/24/2012)
0 ORDINANCES FOR 2N° READING (10/08/2012)
D YES
City Manager
The proposed ordinance would update the City's existing Light Industrial zone district to become
the Industrial-Employment (I-E) zone district. The proposed changes, which are recommended
by the City's comprehensive plan, include adding more modern uses to the list of permitted uses,
updating the development standards for new development, and providing the opportunity to
rezone directly to I-E, rather than requiring a Planned Industrial Development.
PRIOR ACTION:
City Council reviewed a draft of the proposed ordinance at a Study Session on August 6 ,
2012. Planning Commission recommended approval of the ordinance at a Public Hearing
on September 6, 2012.
FINANCIAL IMPACT:
There is no direct financial impact anticipated from this ordinance.
BACKGROUND:
One of the major land use and economic development goals in Envision Wheat Ridge, the City's
comprehensive plan, is to promote employment uses that create quality jobs and attract new
employees to the City. The adopted Structure Plan identifies employment areas , mainly along the
I-70 corridor, where light manufacturing, office, and flex uses will support primary jobs. Most of
Council Action Form
September 24 , 2012
Page2
these areas are currently zoned Light-Industrial (I) or Planned Industrial Development (PID).
Envision Wheat Ridge notes that the current I zone district does not provide enough flexibility to
promote employment-based uses such as office-flex space. It also states that the I district should
be modified to change some special uses to permitted uses and to add contemporary uses , such as
office-light industrial flex space , to the permitted use chart. Finally, Envision Wheat Ridge
recommends consideration of employment zoning that would promote a wide range oflight
industrial, flex , office, and service uses to support employment centers.
The proposed ordinance addresses the recommendations in Envision Wheat Ridge by modifying
the current Light-Industrial (I) zone district into a combined Industrial-Employment (I-E) zone
district. The modifications would address all of the recommendations in the comprehensive plan
mentioned above, including the addition of modem uses and ensuring that a wide range of
employment uses (light manufacturing, flex space, office, and office services) are allowed.
RECOMMENDATIONS:
The proposed ordinance will fulfill goals related to land use and economic development in
Envision Wheat Ridge. It will also create a more up-to-date , flexible , zone district that is
intended to attract employment-based businesses to the City. In order to accomplish these goals ,
the ordinance includes the following changes:
Changes to Permitted Use Table and Corresponding Definitions
1. Add contemporary uses including renewable energy production , recycling centers ,
and flex space.
2. Convert some special uses into permitted uses , including contractor's storage
yards , body art establishments , and printing and engraving services.
3. Remove redundant or outdated uses such as carting services and motor regrinding
shops.
4. Add PV panels and wind turbines as permitted accessory uses .
Changes to Development Standards
1. Reduce landscaping requirement from 20 % to 15 %. Commercial zone districts
require 20 % landscaping but 15 % is more reasonable for employment and light
industrial uses . The mixed use zone districts , for comparison , require 10%
landscaping for a mixed use development and 15 % for single use.
2. Reduce minimum front yard setback from 50 feet to 1 0 feet. This provides more
development flexibility and better aligns with the goals in the Architectural and
Site Design Manual (ASDM) to place buildings close to the street with parking
and storage behind . The recently-updated ASDM also contains standards to
ensure quality fac;ade design where buildings are close to the street.
3. Reduce minimum side yard setback where adjacent to public streets from 30 feet
to 10 feet and reduce minimum rear yard setback where adjacent to public streets
from 15 feet to 10 feet. These proposed changes provide more development
flexibility and the recently-updated ASDM ensure that building facades close to
the street meet minimum design standards.
Council Action Form
September 24,2012
Page 3
4. Increase side and rear setbacks, with landscaped buffer, where adjacent to
residential uses from 5 feet to 15 feet.
5. Remove automatic increased setbacks for special uses and instead require greater
setbacks as needed through the Special Use Permit (SUP) review.
6. Clarify screening requirements for outdoor storage that already exists in Section
26-629 and 26-631 .
Changes to Rezoning Process
1. Update relevant sections of the code (including 26-112 and 26-301) to allow an
applicant to request to be rezoned to 1-E , rather than being required to complete a
planned development and be rezoned to PID. Planned developments require a
more lengthy and expensive review process and are difficult to track over time
since they often require amendments for any changes to the original
development.
Staff recommends approval of these changes, which will create a more modem, flexible
industrial zoning that fulfills the goals in the City's comprehensive plan.
RECOMMENDED MOTION:
"I move to approve Council Bill No. 21-2012, an ordinance amending Chapter 26
concerning the creation of an industrial-employment zone district, on first reading, order
it published, public hearing set for Monday, October 8 at 7 p.m. in City Council
Chambers, and that it take effect 15 days after final publication.
Or,
"I move to postpone indefinitely Council Bill No. 21-2012, an ordinance amending
Chapter 26 concerning the creation of an industrial-employment zone district for the
following reason(s) "
REPORT PREPARED BY;
Sarah Showalter, Planner II
Kenneth Johnstone, Community Development Director
ATTACHMENTS:
1. Council Bill No. 2 1-2012
CITY OF WHEAT RIDGE
INTRODUCED BY COUNCIL MEMBER-----
COUNCIL BILL NO. 21
ORDINANCE NO. ___ _
Series of 2012
TITLE: AN ORDINANCE AMENDING CHAPTER 26 CONCERNING THE
CREATION OF AN INDUSTRIAL-EMPLOYMENT ZONE
DISTRICT
WHEREAS, the City Council of the City of Wheat Ridge is authorized by the
Home Rule Charter and the Colorado Constitution and statutes to enact and enforce
ordinances for the preservation of the public health, safety and welfare; and
WHEREAS, in the exercise of that authority, the City Council of the City of Wheat
Ridge has previously enacted Chapter 26 of the Wheat Ridge Code of Laws (the "Code")
pertaining to zoning, land use, and development; and
WHEREAS, the City's Comprehensive Plan, Envision Wheat Ridge, recommends
that the City amend the Code to update the Light Industrial (I) zone district and to
develop a zone district that promotes employment uses; and
WHEREAS, the City wishes to amend the Code to create an Industrial-
Employment zone district that will accomplish the goals in the Comprehensive Plan.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1 : Section 26-112. B of the Code is amended to read:
B. Applicability
1. The requirements of this section shall be applicable within the municipal
boundaries of the City of Wheat Ridge and to any areas that are proposed to be
annexed to the city where one (1) of the following is proposed:
a. Change of zone of a parcel of land from one (1) zone district classification
to another zone district. This includes an application for private rezoning
within or to any mixed use, INDUSTRIAL-EMPLOYMENT, public facilities,
or conservation district; as well as a rezoning within or to any residential or
agricultural zone district for properties up to and including one (1) acres in
size.
b. Change of the conditions of an existing zone district where those conditions
were specifically established by a previous rezoning ordinance.
2. All applications for a zone change shall be to a planned development district
where any one (1) of the following conditions exists. Article II of this chapter
should be consulted for planned development requirements and procedures.
Attachment 1
a. An application for a zone change to any commercial district, with the
exception of a rezoning to any mixed use district OR TO THE
INDUSTRIAL-EMPLOYMENT DISTRICT. for properties of any size.
b. An application for a zone change to any industrial, residential or
agricultural district for property over one (1) acre in size, or for which an
applicant owns adjacent property which , taken together with the property
that is the subject of the application , totals more than one (1) acre .
Section 2: Section 26 -123 of the Code is amended to include the following new
definitions in appropriate alphabetical order:
ENERGY PRODUCTION, RENEWABLE. A FACILITY THAT GENERATES ENERGY
FROM RENEWABLE SOURCES INCLUDING SOLAR. WIND, AND GEOTHERMAL.
THE ENERGY MAY BE USED ON SITE OR SOLD FOR USE OFF-SITE.
FLEX SPACE. A STRUCTURE THAT ALLOWS FOR ANY COMBINATION OF
OFFICE, WAREHOUSE, MANUFACTURING, ASSEMBLY OR LIGHT INDUSTRIAL
OPERATIONS.
MANUFACTURING, HEAW. THE PRODUCTION, ASSEMBLY. FABRICATION OR
MANUFACTURE OF PRODUCTS PRIMARILY FROM EXTRACTED OR RAW
MATERIALS, INCLUDING THE BULK STORAGE AND HANDLING OF SUCH
MATERIALS. THIS TERM INCLUDES BUT IS NOT LIMITED TO MOTOR VEHICLE
MANUFACTURING, CONCRETE MANUFACTURING, AND CHEMICAL
MANUFACTURING.
MANUFACTURING, PROCESSING, ASSEMBLY, OR LIGHT INDUSTRIAL
OPERATIONS. THE PRODUCTION, PRIMARILY FROM PREVIOUSLY PREPARED
MATERIALS, OF FINISHED PRODUCTS OR PARTS, INCLUDING PROCESSING,
FABRICATION, ASSEMBLY, TREATMENT, AND PACKAGING OF SUCH
PRODUCTS, INCLUDING INCIDENTAL STORAGE, SALES, AND DISTRIBUTION OF
SUCH PRODUCTS.
RECYCLING CENTER. A FACILITY AT WHICH RECOVERABLE RESOURCES.
SUCH AS NEWSPAPERS, MAGAZINES. GLASS, METAL CANS. PLASTIC
MATERIALS, TIRES, GRASS AND LEAVES, AND SIMILAR ITEMS (BUT NOT
MUNICIPAL WASTE, MEDICAL WASTE. OR HAZARDOUS WASTE) ARE
COLLECTED. STORED. FLATTENED. CRUSHED. BUNDLED OR SEPARATED BY
GRADE OR TYPE. COMPACTED. BALED. OR PACKAGED FOR SHIPMENT TO
OTHERS FOR THE MANUFACTURE OF NEW PROJECTS. THIS DOES NOT
INCLUDE THE RECYCLING OF MOTOR VEHICLE PARTS.
RECYCLING COLLECTION STATION. AN ESTABLISHMENT ENGAGED IN
COLLECTING RECYCLABLE ITEMS SUCH AS NEWSPAPERS, MAGAZINES,
GLASS. METAL CANS, PLASTIC MATERIALS. TIRES. GRASS AND LEAVES. AND
SIMILAR ITEMS (BUT NOT MUNICIPAL WASTE. MEDICAL WASTE. OR
HAZARDOUS WASTE) FOR THE PURPOSE OF RESOURCE RECOVERY.
RECYCLING PLANT. A FACILITY WHERE RECOVERABLE RESOURCES, SUCH AS
NEWSPAPERS. MAGAZINES, GLASS. METAL. STEEL SCRAP, RUBBER. METAL
CANS, PLASTIC MATERIALS. TIRES. GRASS AND LEAVES. AND SIMILAR ITEMS
(BUT NOT MUNICIPAL WASTE. MEDICAL WASTE. OR HAZARDOUS WASTE)
AND/OR OTHER PRODUCTS ARE RECYCLED AND TREATED TO RETURN SUCH
PRODUCTS TO A CONDITION IN WHICH THEY MAY AGAIN BE USED FOR
PRODUCTION OR FOR RETAIL OR WHOLESALE TRADE.
TOW SERVICE. AN ESTABLISHMENT THAT PROVIDES FOR THE REMOVAL AND
TEMPORARY STORAGE OF VEHICLES BUT DOES NOT INCLUDE DISPOSAL.
SALVAGE, DISASSEMBLY OR ACCESSORY STORAGE OF INOPERABLE
VEHICLES.
Section 3: Section 26-123 of the Code is amended to delete the following definitions:
Man1:1faGt1:1re, laasiG. The first operation or operations wf:'tiGf:'t transform a material
from its raw state to a form suitatlle for fatlriGation proGessing.
Manl:lfaGti:IFiRg, fJFOGessing, v .. careho1:1sing. Instruments of professional, sGientifiG,
pf:'totograpf:'tiG, optiGal and otf:'ter similar uses; eleGtriGal maGhinery, equipment and
supplies; fountain and tle'Jerage dispensing equipment; plynood furniture and
similar wood produGts; small items, suGh as toys, GIOGks, jewelry, fountain pens,
penGils and plastiG produGts; transportation equipment; Gandy; foods (proGessing
and/or Ganning); glass and glass produGts; otf:'ter similar uses.
Section 4: The Table of Uses for Commercial and Industrial Zone Districts in Section 26-
204 of the Code is amended to read :
Table of Uses-Commerc ial and Industrial Districts
Uses Notes NC RC C-1 C-2 1-E
Adult entertainment In accordance with Wheat Ridge p p p
establishments Code of Laws , Chapter 3
Ambulance services p p p p
Amusement parks s p p
Animal veterin a ry With outsid e runs; no cremation p p
hospitals and clinics
Animal veterinary Where there are no outside pens or s p p p p
Uses Notes NC RC C-1 C-2 1-E
hospitals or clinics runs for dogs; no cremation
Antique stores In NC & RC Districts: Provided that s p p p p
no more than 200 square feet of
building area shall be allocated to
repair
Apparel and See Footnote 1 s p p p p
accessory stores
Appliance stores p p p
and incidental
service and repair
Art galleries or See Footnote 1 p p p p p
studios
Assembly halls and p p p
convention facilities
Auction houses s p p
Auto service , repair See§ 26-631 p p p
and maintenance
shops, minor
Auto service, repair See§ 26-631 s p p
and maintenance
shops, major
Automobile and See§ 26-628 s s s
light-duty truck sales
and rental
Automotive parts p p p
and supplies sales
Bail bonds See Footnote 2 . See§ 26-634 for p p
businesses distance requirements
Bakeries, retail See Footnote 1 s p p p p
Banks, loan and See§ 26-633 p p p p p
finance offices
Bed and breakfast Subject to requirements set forth in p p p p p
homes § 26-608
Bicycle stores See Footnote 1 s p p p p
Blueprinting , EXCLUDING: Large printing, s p p p p
photostatic copying publishing and/or book binding
and other similar establishments
reproduction
services
See Footnote 1
Boat , recreational See§ 26-628 s s s
vehicle and trailer
sales , rentals and
service
Uses Notes NC RC C-1 C-2 1-E
Body art s s s s
establishments p
Book stores, See Footnote 1 s p p p p
stationery and card
stores
Building OR See§ 26-629 s p p
LANDSCAPE
contractor's service
shop and storage
yard incidental to an
office/showroom
principal use.
Business machine See Footnote 1 s p p p p
or computer stores
Butcher shops and EXCLUDING : Food processing p p p
food lockers
Cabinet and s
woodworking shops
Camera and See Footnote 1 s p p p p
photographic
service and supply
stores
Candy, nut and See Footnote 1 s p p p p
confectionery stores
Caretaker residence Only one (1) unit for caretaker or p p p p
manager
Carpet cleaning and s
fumigating
CartiAg, express, TEMPORARY STORAGE MEANS s
hauliAg or storage THE STORAGE OF VEHICLES
yaFd THAT HAVE BEEN TOWED1
TOW SERVICE CARRIED1 OR HAULED FOR
WITH TEMPORARY IMPOUNDMENT AND SHALL
STORAGE YARD NOT INCLUDE THE PERMANENT
STORAGE OF OPERABLE OR
INOPERATIVE AUTOMOBILES1
THE STORAGE OF AUTOMOBILE
PARTS 1 OR THE REPAIR OR
RECYCLING OF AUTOMOBILES.
Car wash, automatic s p p
Car wash, coin s p p
operated
Caterers p p p
Day care center, p p p
large
Uses Notes NC RC C-1 C-2 1-E
Day care center, p p p
small
Clinics and offices C-1, C-2 & 1-E INCLUDE: s p p p p
for the counseling Residential facilities.
and treatment of
psychological,
social, marital ,
developmental or
similar conditions,
excluding substance
abuse clinics
NC & RC EXCLUDES: Residential
facilities
ALL districts INCLUDE : Counseling
and treatment for alcoholism
Cold storage plant p p
Commercial s p p
machine shops
Community e.g.: YMCA's , YWCA's, churches, p p p p p
buildings libraries, parks, museums,
aquariums and art galleries
Construction and See§ 26-629 p p
heavy equipment
sales, service , rental
and storage
CONTRACTOR'S s
PLANT
{INCLUDING BUT
NOT LIMITED TO
CONCRETE
PLANT1 ASPHALT
PLANTI BRICK
PLANTI OR
LUMBER MILL)
Contractor's plant SEE§ 26-629 s
9F storage yard p
{OUTDOOR
STORAGE YARD
WITH NO MAIN
1BUILDINGl
Dairy products See Footnote 1 s p p p p
stores
Day care center and p p p
preschools, large
Uses Notes NC RC C-1 C-2 1-E
Day care center and p p p
preschools, small
Department or p p p
variety stores
Drug stores p p p
Eating s s s s s
establishments,
drive through
Eating s p p p p
establishments, sit
down
Electric transmission s s s s s
and public utility
substations
&leGlFiGal meleFS s
anEI aFmaluFe .... ~--.. ~~.. ___ ·-u··,·-···u--... -
&leGlFiGal supplies &XGbUDING: GeRlFaGl9FS p p p
anEI seF¥iGe .................... u .........
ENERGY s
PRODUCTION I
IRE NEW ABLE
Equipment rental Subject to § 26-628; in RC District: p p p p
agencies Outside storage and display
prohibited
Exterminators p p p p
Farm equipment See§ 26-628 AND§ 26-631 p p
sales, service and
storage
Farmers' markets Submittal to community p p p p p
development department required.
See§ 26-635
Floral shops See Footnote 1 s p p p p
Furniture stores p p p
Garden supply See Footnote 1 s p p p p
stores
Gift, novelty or See Footnote 1 s p p p p
souvenir stores
Golf courses INCLUDES: Private clubs, p p p
restaurants and lounges, driving
ranges, and those uses commonly
accepted as accessory thereto
when located on the same
premises
Uses Notes NC RC C-1 C-2 1-E
Governmental and No outside storage p p p p p
quasi-governmental
buildings and
offices, fire stations
or public utility
buildings
Governmental and Outside Storage s s s p p
quasi-governmental
buildings and
offices, fire stations
or public utility
buildings
Greenhouses and See§ 26-624 s s p p p
landscape
nurseries, retail
Greenhouses and See§ 26-624 s p p
landscape
nurseries, wholesale
Grocery or See Footnote 1 p p p p p
convenience stores,
no _gas pumps
Grocery stores See Footnote 1 s s s p p
which may include
no more than 1
gasoline service
island with no more
than 2 dispensing
pumps
Hair, nail and p p p p p
cosmetic services
Hardware stores See Footnote 1 s p p p p
Hobby and craft See Footnote 1 s p p p p
stores
Home furnishing p p p
stores
Home p p p
improvements
supply stores
Hotels or motels for There shall be 1,000 square feet of s s s
transient occupancy gross lot area for each unit
Ice plants p p
Indoor amusement e.g.: Roller rinks, bowling alleys , p p p
Uses Notes NC RC C-1 C-2 1-E
and recreational arcades and similar uses
enterprises
Indoor flea markets PROHIBITED: Outdoor flea p p p
markets
Interior decorating s p p p p
shops
Itinerant sales See§ 26-630 s s s
Jewelry stores See Footnote 1 s p p p p
Kennels s
Laundry and dry s s p p p
cleaning shops
Laundry and dry p p p p p
cleaning pick up
stations
Leather goods and p p p
luggage stores
Linen supply p p p
Liquor stores p p p
Locksmith shops p p p p p
Lumber yards and Unenclosed storage of any p p p
building supply materials shall be screened from
stores view from adjacent properties and
streets -SEE § 26-629
Manufacture of PROVIDED: AA antiEtete e:adsts s
vaccines, serums aAEi is FeaEiily a¥ailable feF s~:~sh
and toxins ¥aGGiAe, seFYms eF texins; anEt
approval of such manufacture is
received from the state department
of health and the county health
department
Manufacturing, See§ 26 505;_§ 26-631 and§ 26-p p
processing, 123, definitions
assembly, or light
industrial operations
Manufacturing, s
HEAVY fabFiGatieA
anEtleF pFesessing
ef GGAGFete _ ............ _ .....
Massage therapist See Chapter 11, Article 10 Code of p p p p p
Laws for additional restrictions
Uses Notes NC RC C-1 C-2 1-E
Massage therapy See Chapter 11 , Article 1 0 Code of p p p p p
center Laws for additional restriction
Meat, poultry or See Footnote 1 s p p p p
seafood stores
Medical and dental Pharmacies and optical stores are p p p p p
offices, clinics or accessory use
laboratories,
excluding substance
abuse clinics
Medical marijuana p p
centers
Medical marijuana-p p
infused products
manufacturers
Optional premises p p
cultivation operation
Mini-warehouses for p p
inside storage
Mobile or modular See§ 26-628 s s
homes or building
sales
Mortuaries and s s s
crematories
Motor fueling s p p
stations
Motorcycle sales See§ 26-628 p p p
and service
Music stores See Footnote 1 s p p p p
Newsstands For the sale of newspapers, p p p p p
magazines, etc.
Office supply stores See Footnote 1 s p p p p
Offices: General p p p p p
administrative ,
business and
_Qrofessional offices
Optical stores See Footnote 1 s p p p p
Outdoor amusement s p p
facilities
Paint and wallpaper See Footnote 1 p p p p
stores
Parking of Subject to § 26-501 C.4 p p p p p
automobiles of
Uses Notes NC RC C-1 C-2 1-E
clients, patients or
patrons of adjacent
commercial or
nonresidential uses
Parking of not more See§ 26-619; § 26-123, definitions s s s
than 3 commercial
truck-tractors and/or
semi-trailers
When in conformance with the
parking design standards set forth
in§ 26-501
It is not intended that such parking
limitations shall apply to pickup and
delivery trucks normally associated
with business operations
Pawn shops s
Pet stores See Footnote 1 s p p p p
Pharmacies s p p p p
Picture framing See Footnote 1 s p p p p
shops
Plumi:JiRg aREi EXGbUDING: OutEtooF stoFage p p p
heatiRg supply yaFEiS
.............. ..,. ....... ,.,. .... h ...........
Printing, engraving s
and other related p
production
processes
Private clubs, social p p p
clubs, bingo parlors
and similar uses
Produce stands See§ 26-636 p p p p p
Psychic advisors s s s p
and similar uses
RECYCLING s s s
CENTER OR
RECYCLING
COLLECTION
STATION
RECYCLING s
PLANT
Research p p
laboratories , offices
and other faciliti e s
for research
Uses Notes NC RC C-1 C-2 1-E
Residential group p p p p p
and nursing homes
and congregate care
facilities for 8 or
fewer elderly
persons
Residential group s s s
and nursing homes
and congregate care
facilities for 9 or
more elderly
persons
Residential group s s s
home for children
Residential uses in Such residential uses may be p p p p p
existence on extended, enlarged, and/or
3/11/97 reconstructed so long as no
additional dwelling units are created
Residential uses in See§ 26-626 p p p p p
commercial zones
Rooming and s s p p p
boardinghouses
RV , boat , trailer and See§ 26-628 p p
travel trailer storage
Sales , repair, rental p p
and servicing of any
commodity that the
manufacture,
fabrication ,
processing or sale
of which is permitted
in the district
Schools for Conducted entirely within an p s s
industrial or enclosed building p p
business training ,
including vocational
trade or professional
schools
Uses Notes NC RC C-1 C-2 1-E
Schools: Public; INCLUDES: Those uses commonly s s s p p
private colleges and accepted as necessary thereto
universities when located on the same
premises
Shoe repair shops p p p p p
Shoe stores See Footnote 1 s p p p p
Shops for custom See § 26-631 ; § 26-632 p p
work or for making
articles, materials or
commodities to be
sold at retail on the
premises
Social club In accordance with Wheat Ridge p p p
Code of Laws, Chapter 11 , Article
XI
Sporting goods See Footnote 1 s p p p p
stores
Stone cutting or p p
polishing works
Studio for p p p p p
professional work or
teaching of fine arts,
photography, music,
drama or dance
Substance abuse s s p
clinics
Tailor, dressmaking p p p p p
or clothing alteration
shops
Taverns, night p p p
clubs, lounges,
private clubs and
bars
Television, radio, See Footnote 1 s p p p p
small appliance
repair and service
shops
Temporary See§ 26-627 p p p p
Christmas tree,
produce and
bedding plant sales
Uses Notes NC RC C-1 C-2 1-E
lots
Theatres, indoor p p p
Tobacco stores See Footnote 1 s p p p p
Toy stores See Footnote 1 s p p p p
Transit station, s s s
public or private
Upholstery shops p p p
Urban gardens See§ 26-637 p p p p p
Video rentals See Footnote 1 s p p p p
Warehousing and See§ 26-631 p p
outside storage
Warehouse/office Ma~dmum ~S% tetal aFea as s p p
AND FLEX SPACE wa.-eheuse; minimum 2S% as
tetal aFea as effiGe
Watch and jewelry p p p p p
repair shops
WHOLESALE s p p
Woodworking or See§ 26-632 s p p
carpentry shops for
the making of
articles for sale
upon the premises,
such as cabinets or
custom furniture
Footnote:
1 The amount of building space devoted to retail use is limited to 5,000 square feet in NC
and RC Districts.
2 In addition to being allowed as a Permitted Principal Use in the C-2 and I zone districts,
bail bonds businesses may be permitted in Planned Industrial Development districts if
approved as part of an Outline Development Plan (ODP) and in conformance with the
requirements of Code section 26-634.
Commercial and Industrial District Accessory Notes
Uses
Accessory buildings and structures See§ 26-625
Electric transmission or other public utility
lines and poles, irrigation channels, storm
drainage and water supply facilities
PHOTOVOLTAIC CPV) PANELS AND WIND
TURBINES
Farmers' markets See§ 26-635
Food services Primarily for the occupants of a building
containing a permitted use when located within
the same building
Produce stands See§ 26-636
Residential uses in commercial zones See§ 26-626
Outside storage or display See§ 26-631
Urban gardens See§ 26-637
Key:
P = Permitted Principal Uses
S = Special Uses
Section 5: Section 26-220 of the Code is amended to read :
Sec. 26-220. -bight Industrial-EMPLOYMENT District (1-E).
~ Intent and purpose. The intent of this district is TO ALLOW LIGHT INDUSTRIAL AND
COMMERCIAL USES THAT SUPPORT EMPLOYMENT. ta permit the use af
pre•.Jiaus Industrial (I) zaned praperty fer sammersial and light industrial uses.
Rezaning ta Industrial (I) Zane Distrist slassifisatian shall nat be permitted;
hawet~er, existing Industrial (I) zaned praperty m~ be det~elaped and used in
assardanse with prat~isians set f.erth herein.
B. Development standards.
1. Maximum height. Fifty (50) feet.
2. Minimum lot area . No limitation , provided that all other requirements can be
met.
3. Maximum lot coverage . 'Eighty (80) EIGHTY-FIVE (85) percent, with a
minimum of l\¥enty (20) FIFTEEN (15) percent of the lot being landscaped. (See
section 26-123 for definition.)
4. Minimum lot width . No limitations, provided that all other requirements can be
met.
5. Front yard setback. Fifty (SO) TEN (1 0) feet minimum. THE 1 0-FOOT
SETBACK AREA MUST BE LANDSCAPED TO MEET THE REQUIREMENTS OF
1SECTION 26-502 .
6. Side yard setback.
a . Principal permitted and accessory uses: Five (5) feet per story minimum,
except as follows:
(1) Zero setback where structures are constructed of masonry or
nonflammable material and in accordance with the uniform building code.
(2) Thirty (30) TEN (10) feet where adjacent to a dedicated public street.
THE 1 0-FOOT SETBACK AREA MUST BE LANDSCAPED TO MEET
THE REQUIREMENTS OF SECTION 26-505.
(3) Where a side yard abuts property zoned residential, or where zoned
agricultural and there is a residential USE structure within fifteen (15)
feet of the commercial property, a five foot per story FIFTEEN (15)
FOOT landscape buffer meeting the requirements of section 26-502E.
(landscape buffering for parking lots), shall be required.
(4) SPECIAL USES, ESPECIALLY IF ADJACENT TO RESIDENTIAL
USES, MAY BE REQUIRED TO MEET GREATER SIDE YARD
SETBACKS, TO BE DETERMINED THROUGH THE SPECIAL USE
PERMIT REVIEW PROCESS.
b. Special uses: The minimum width of side yard shall be twenty five
(25) feet except as follows:
(1) Thirty (30) feet 'llhere adjacent to a dedicated public street.
(2) Seventy five (75) feet where a side yard abuts property zoned
residential, or where zoned agricultural and there is a residential
structure within t\'lenty five (25) feet of the industrial property. There
shall be a six foot high solid decorative wall or fence and ten (10) feet
of landscaping adjacent to the property line.
(3) Where a side yard abuts a railroad right of way, no side yard
setback shall be required.
7. Rear yard setback.
a. Principal permitted and accessory uses: Ten (1 0) feet for a one-story
building and an additional five (5) feet per each additional story thereafter,
except as follows :
(1) Any rear yard which abuts a public street shall have a minimum
setback of fifteen (15) TEN (10) feet for all structures .
(2) Any rear yard which abuts a public alley shall have a m1mmum
setback for all structures of five (5) feet from the edge of the alley.
(3) Where a rear yard abuts property zoned residential, or where zoned
agricultural and there is a residential USE structure within fifteen (15)
feet of the commercial property, a FIFTEEN (15) FOOT landscaped
buffer meeting the requirements of section 26-502E . (landscape buffering
for parking lots), shall be required.
(4) SPECIAL USES, ESPECIALLY IF ADJACENT TO RESIDENTIAL
USES, MAY BE REQUIRED TO MEET GREATER REAR YARD
SETBACKS, TO BE DETERMINED THROUGH THE SPECIAL USE
PERMIT REVIEW PROCESS.
b. Spesial uses: Tl=le miAimum Eleptl=l of a rear yarEI sl=lall be tvJeAty (20)
feet exsept as fellot.¥s:
(1) Tl=lirty (30) feet wl=lere a~aGeAt to a EleEiisateEI publiG street.
(2) SeveAty five (75) feet wl=lere a siEie yarEI abuts property zoAeEI
resiEieAtial, or wl=lere zoAeEI agrisultural aAEI tl=lere is a resiEieAtial
strusture witl=liA tweAty five (25) feet of tl=le iAEiustrial property. Tl=lere
sl=lall be a six foot l=ligl=l soliEI Elesorative wall or feAGe a REI teA (1 0) feet
of laAEissapiAg aEijaGeAt to tl=le property liRe.
(3) Wl=lere a rear yarEI abuts a railroaEI rigl=lt of way, AO rear yarEI
setbask sl=lall be requireEI.
8 . Parking requirements. See section 26-501
9. Landscape requirements . See section 26-502
10 . Fencing requirements. See section 26-603
11. Sign requirements. See article VII.
12. Streetscape and architectural design guidelines . See Architectural and Site
Design Manual and Streetscape Design Manual, section 26-224
13. OUTDOOR STORAGE. MERCHANDISE, MATERIAL OR STOCK MAY NOT
IBE STORED IN THE FRONT OF BUILDINGS. OUTDOOR STORAGE MAY ONLY
pCCUR WITHIN THE SIDE OR REAR YARDS AND MUST BE COMPLETELY
SCREENED FROM ADJACENT PROPERTIES AND STREETS BY A SIX-FOOT
HIGH OPAQUE WALL OR FENCE IN ADDITION TO TREES TO BE PLACED AT
THIRTY-FOOT INTERVALS. MERCHANDISE. MATERIAL OR STOCK SHALL
NOT BE STACKED TO A HEIGHT GREATER THAN THAT OF THE SCREENING
WALUFENCE.
Section 6: Section 26-301.8 of the Code is amended to read :
B. Applicability. On and after the effective date of this chapter as set forth in section 26-
1003, all applications for a zone change shall be to a planned development district
where any one ( 1) of the following conditions exist:
1. An application for a zone change to any commercial district, with the exception of
a rezoning to any mixed use district OR TO THE INDUSTRIAL-EMPLOYMENT
ZONE DISTRICT, for properties of any size.
2. An application for a zone change to any industrial, residential or agricultural
district for property over one (1) acre in size , or for which an applicant owns
adjacent property which , taken together with the property that is the subject of the
application , totals more than one (1) acre .
Section 7: Section 26-502.D .3 of the Code is amended to read:
3. Nonresidential uses:
a. Required within the minimum building setbacks abutting public rights-of-way:
One (1) tree , deciduous or evergreen, for every thirty (30) feet (or portion
thereof) of street frontage. This should not be construed to mean trees
placed thirty (30) feet on center. Trees provided in building setbacks shall not
replace any requirements for street trees established in the Streetscape
Design Manual (see section 26-224).
b. In addition to trees required based upon public street frontage, one (1) tree
and ten (1 0) shrubs are required for every one thousand (1 ,000) square feet
of required landscape area .
c. Required landscaped areas shall be as follows:
(1) IN COMMERCIAL ZONE DISTRICTS. b!andscaping shall
not be less than twenty (20) percent of the gross lot area. IN
THE INDUSTRIAL-EMPLOYMENT ZONE DISTRICT.
LANDSCAPING SHALL NOT BE LESS THAN FIFTEEN
(15) PERCENT OF THE GROSS LOT AREA.
(2) On any nonresidentially zoned property abutting 44th
Avenue , 38th Avenue , Kipling Street , Wadsworth Boulevard ,
Youngfield Street, Ward Road , Sheridan Boulevard , or 1-70
frontage roads , a landscaped area measuring ten (10) feet
from the edge of the right-of-way is required for the entire
length of the property abutting these roadways , except for
curb cuts. This area may be used to meet the other area
requirements . This requirement may be waived by the
community development director where build-to requirements
from a mixed use zone district or the Architectural Site Design
Manual apply.
Section 8: Section 26-604 of the Code is amended to read :
Section 26-604. Storage of flammable liquid or gases.
No aboveground storage of flammable liquids or gases in excess of two thousand
(2,000) gallons shall be permitted in any district other than the industrial-EMPLOYMENT
district unless approved as a special use and in conformance with the Uniform Fire Code
and other applicable laws.
Section 9: Section 26-624 .A of the Code is amended to read :
A As permitted in various zone districts (see section 26-204):
1. Bulk storage or piles of materials must be screened from view of adjacent
properties by a view-obscuring fence six (6) feet in height;
2. In Agricultural Use Districts (A-1 and A-2), bulk storage or piles of such
materials shall not be permitted within a front yard setback and shall be
no closer than twenty-five (25) feet to side or rear lot line;
3. In restricted commercial, commercial and industrial-EMPLOYMENT use
districts , bulk storage or piles of such materials shall not be permitted
within a front yard setback and shall be no closer than twenty-five (25)
feet to a side or rear lot line which abuts residentially or agriculturally
zoned property.
Section 10: The heading for Chart 2 in Section 26-710 is amended to read:
TABLE .!1-~·SIGN STANDARDS IN COMMERCIAL, INDUSTRIAL, AND MIXED USE
DISTRICTS
(NC, RC, C-1, C-2, 1-E, MU-C, MU-C TOO, MU-C Interstate, MU-N)
Section 11: Safety Clause. The City Council 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 City Council further determines that the Ordinance
bears a rational relation to the proper legislative object sought to be attained.
Section 12: Severability; Conflicting Ordinances Repealed. If any section,
subsection or clause of the ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections , subsections and clauses shall
not be affected thereby. All other ordinances or parts of the ordinances in conflict with
the provisions of this ordinance are hereby repealed.
Section 13: Effective Date. This Ordinance shall take effect fifteen days after final
publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of_ to _
on this __ day of , 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 Monday, October 8, 2012 at 7:00 p.m., in the Council Chambers,
7500 West 29 1h 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 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
~ ~ #
... "' ~ .,. City of •
J?"WheatR!_dge
ITEM NO: _(p_,
DATE: September 24,2012
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 23-2012 -AN ORDINANCE APPROVING
A CITY-INITIATED REZONING OF PROPERTY LOCATED
AT 7750 THREE ACRE LANE FROM RESIDENTIAL-THREE
(R-3) TO MIXED USE-COMMERCIAL (MU-C) (CASE NO.
WZ-12-05)
0 PUBLIC HEARING
D BIDS /MOTIONS
0 RESOLUTIONS
ISSUE:
C8J ORDINANCES FOR 1ST READING (09 /24/2012)
0 ORDINANCES FOR 2 ND READING (10 /22 /2012)
C8J YES
City Manager
In 2011 , City Council approved a legislative rezoning of the Wadsworth Corridor to Mixed Use-
Commercial (MU-C). It has come to staffs attention that a 1.15-acre parcel just west of
Wadsworth at 7750 Three Acre Lane was inadvertently excluded from the zone change process.
This application is a City-initiated rezoning, and approval of the enclosed ordinance will rezone
the subject parcel to Mixed Use-Commercial (MU-C).
PRIOR ACTION:
City Council approved Ordinance 1496 in July 2011 to legislatively rezone the Wadsworth
Corridor to Mixed Use-Commercial (Case No. WZ-11-03). In early 2012, staff realized the
subject parcel was inadvertently left out of the rezoning area. This information was presented to
City Council at a study session on June 4 , 2012 at which time staff was directed to proceed with
the zone change process.
Planning Commission recommended approval at a public hearing on September 6 , 2012. The staff
report and meeting minutes from the Planning Commission public hearing will be included with
the ordinance for second reading .
Council Action Form
September 24, 2012
Page 2
FINANCIAL IMPACT :
The proposed rezoning is not expected to have a direct financial impact on the City. The rezoning
may, however, expand development opportunities for the property, which promotes the City's
economic development goals.
B ACKGROUN D :
The City's adopted plans, including Envision Wheat Ridge (2009) and the Wadsworth Subarea
Plan (2007) call for mixed use, higher density redevelopment along Wadsworth Boulevard. In
particular, the plans call for a mixed-use town center along Wadsworth between W. 38th and
W. 44th A venues, with a variety of retail, commercial, civic, and residential uses.
To this end, the City rezoned the Wadsworth corridor to Mixed Use-Commercial (MU-C) in July
2011 after a series of public meetings and hearings. The rezoning boundary was intended to
include all parcels within the Wadsworth urban renewal area, consistent with a 2009 charter
amendment which exempts these urban renewal properties from certain height and density caps.
The parcel at 7750 Three Acre Lane was inadvertently left out of the city-initiated zone change. Staff
discovered the omission when an agent contacted the City regarding development options for the
property. The subject parcel is 1.15-acres, undeveloped, and zoned Residential-Three (R-3).
The Wadsworth Urban Renewal Plan, originally adopted in 2001, indicates that that the subject
property is definitively included in the urban renewal area (URA). At some point in the last 10
years, however, a digital boundary file of the URA was incorrectly drawn, did not include the
subject parcel, and resulted in the property not being rezoned.
Staff met with the property owner to explain the error, and the owner has requested that the subject
parcel be rezoned to MU-C, as was originally intended. A city-initiated rezoning of the parcel will
correct the omission, increase development opportunities for the property, and fulfill the original
intent of the corridor rezoning.
The proposed zoning is consistent with the policies and goals of the City's comprehensive plan-
Envision Wheat Ridge-and Wadsworth Corridor Subarea Plan. Both plans call for higher density
mixed use development along Wadsworth Boulevard and within the boundary of the urban
renewal area. The Comprehensive Plan calls for a quality, mixed use town center between W.
38th Avenue and W. 44th Avenue, and Three Acre Lane is located centrally within that area.
The application has been through the standard referral process with no concerns raised by any
outside agencies or City departments. A separate referral process will be required as part of future
site development.
RECOMMENDED MOTION:
"I move to approve Council Bill No. 23-2012, an ordinance approving a city-initiated rezoning of
property located at 7750 Three Acre Lane from Residential-Three (R-3) to Mixed Use-
Commercial (MU-C), on first reading, order it published, public hearing set for Monday,
Council Action Form
September 24, 2012
Page 3
October 22, 2012 at 7 p.m. in City Council Chambers, and that it take effect 15 days after final
publication."
Or,
"I move to postpone indefinitely the ordinance to approve a city-initiated rezoning of property
located at 7750 Three Acre Lane Residential-Three (R-3) to Mixed Use-Commercial (MU-C) for
the following reason(s) "
REPORT PREPARED/REVIEWED BY:
Lauren Mikulak, Planner I
Meredith Reckert, Senior Planner
Kenneth Johnstone, Community Development Director
ATTACHMENTS:
1. Maps of Subject Property
2. Council Bill No. 23-2012
The tan shading in the image below shows that at some point the boundary of the urban renewal
area (URA) was incorrectly drawn into the City's mapping database, excluding the subject
parcel. The blue dashed line indicates the adopted URA boundary .
.....
WADIWOIITH COiliiiiDOII UIIIAN IIINIW L AIIEA
ourt
The digital file shown above was used as the boundary for the 2011 city-initiated rezoning of the
Wadsworth Corridor to Mixed Use-Commercial (MU-C). For that reason , the subject property
was inadvertently left out and still zoned Residential-Three (R-3 )-instead ofMU-C-as shown
in the zoning map below.
Attachment 1
CITY OF WHEAT RIDGE
INTRODUCED BY COUNCIL MEMBER ___ _
COUNCIL BILL NO. 23
ORDINANCE NO. ___ _
Series of 2012
TITLE: AN ORDINANCE APPROVING A CITY-INITIATED REZONING
OF PROPERTY LOCATED AT 7750 THREE ACRE LANE FROM
RESIDENTIAL-THREE (R-3) TO MIXED USE-COMMERCIAL
(MU-C) (CASE NO. WZ 12-05)
WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes
procedures for the City's review and approval of requests for land use cases; and,
WHEREAS, the City Council of the City of Wheat Ridge is authorized by Section
26-113 of the Wheat Ridge Code of Laws ("Code") to initiate rezoning of property; and
WHEREAS, the Wadsworth Corridor Subarea Plan adopted in 2007 and the
Envision Wheat Ridge comprehensive plan adopted in 2009 both recommend that the
Wadsworth corridor redevelop over time with a higher density, mixed use development
pattern; and
WHEREAS, the Wadsworth corridor was legislatively rezoned to Mixed-Use
Commercial (MU-C) in 2011; and,
WHEREAS, the corridor rezoning was intended to include all properties within
the urban renewal areas along Wadsworth Boulevard; and,
WHEREAS, the subject property is within the Wadsworth Corridor Urban
Renewal Area but was inadvertently excluded from the 2011 rezoning of the Wadsworth
corridor; and
WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing
on September 6, 2012 and voted unanimously to recommend approval of rezoning the
property to Mixed Use-Commercial (MU-C).
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Pursuant to the findings made based on testimony and evidence
presented at a public hearing before the Wheat Ridge City Council, a zone
change to Mixed Use-Commercial (MU-C) is approved for the following described
land:
THE WEST 303 FEET OF THE NORTH 165 FEET OF THE SOUTH 350 FEET
OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69
Attachment 2
WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON,
STATE OF COLORADO
Also known by street and number as 7750 Three Acre Lane, Wheat Ridge, CO.
Section 2. Vested Property Rights. 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 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
City Council further determines that the ordinance bears a rational relation to the
proper legislative object sought to be attained .
Section 4. Severabilitv: Conflicting Ordinance Repealed . If any section,
subsection or clause of the ordinance shall be deemed to be unconstitutional 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 5. Effective Date. This Ordinance shall take effect 15 days after final
publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of_ to _on
this 24th day of September, 2012, ordered it published with Public Hearing and
consideration on final passage set for Monday, October 22, 2012 at 7:00 o'clock p.m.,
in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it
takes effect 15 days after final publication .
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of to , this day of , 2012.
SIGNED by the Mayor on this ___ day of ______ , 2012.
Jerry DiTullio, Mayor
ATTEST:
Janelle Shaver, City Clerk
1st publication:
2nd publication:
Wheat Ridge Transcript:
Effective Date:
Approved as to Form
Gerald Dahl, City Attorney
"~ A~
.. J "' City of •
r wheatRi._dge
ITEMNO:i
DATE: September 24 ,2012
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 20-2012 AN ORDINANCE
APPROVING THE COMPREHENSIVE REZONING OF
PROPERTY ALONG 38TH A VENUE BETWEEN SHERIDAN
AND WADSWORTH TO THE MIXED USE-
NEIGHBORHOOD (MU-N) ZONE DISTRICT (CASE NO.
WZ-12-04)
0 PUBLIC HEARING
D BIDS/MOTIONS
D RESOLUTIONS
I:8J ORDINANCES FOR 1ST READING (09 /24/2012)
0 ORDINANCES FOR 2 N° READING (10/22 /2012)
D YES
City Manager
ISSUE:
The City's adopted plans , including Envision Wheat Ridge and the 38th Avenue Corridor Plan,
call for the redevelopment of 38th Avenue with mixed use, pedestrian-friendly development. The
current zoning on 38th Avenue contains outdated development standards and makes compact,
mixed use development difficult to achieve. The Mixed Use-Neighborhood (MU-N) zone
district, adopted by City Council in 2010, was designed to promote quality, mixed use
development on corridors like 38 th A venue.
In order to advance the City's goal of promoting a mixed use main street on 38 1h Avenue, the
City initiated a comprehensive rezoning of properties along the corridor, between Sheridan and
Wadsworth, to Mixed Use-Neighborhood (MU-N).
PRIOR ACTION:
City Council adopted a resolution to initiate the rezoning on July 9 , 2012 . City Council also held
a Study Session on the rezoning on June 4 , 2012. Planning Commission recommended approval
WZ-12-04
Council Action Form
September 24 , 2012
Page 2
of the ordinance at a public hearing on September 6 , 2012. Meeting minutes from the Planning
Commission Public Hearing will be included with the ordinance for second reading.
FINANCIAL IMPACT:
The proposed ordinance is not expected to have a direct financial impact on the City. However,
the new zoning should enable redevelopment that will advance the City's goals for economic
development and the creation of a diverse and resilient tax base.
BACKGROUND:
The property to be rezoned includes 160 properties on or near 38th Avenue between Sheridan and
Wadsworth. The properties in the rezoning area contain a wide range of land uses including
restaurant , retail , service, office, multifamily and some single family residential.
Existing Zoning
The existing zoning is primarily commercial but includes many zone districts: Neighborhood
Commercial (N-C), Restricted-Commercial (R-C), Commercial-One (C-1 ), Commercial-Two
(C-2), Planned Commercial Development (PCD), Planned Mixed Use Development (PMUD),
and Residential-Three (R-3). There are a few properties with lower density residential zone
districts : Residential-Two (R-2), Residential-One A (R-1 A), and Residential-One B (R-1 B).
Surrounding Zoning and Land Uses
The proposed rezoning area is surrounded by both commercial and residential zoning. To the
west , the area is bordered by commercial and mixed use zoning on Wadsworth. To the east, there
is a mix of commercial and residential zoning on Sheridan. The north and south are residential
zone districts. The majority of the residential areas to the north and south contain single-and
two-family homes but there are some multi-family properties adjacent to the rezoning area ,
especially to the south.
Adopted Plans for 38th A venue
The City is proposing that the subject property be rezoned to Mixed Use-Neighborhood (MU-N),
a zone district designed for neighborhood commercial corridors that is intended to support mixed
use development. It allows for commercial and neighborhood-serving retail uses, as well as
residential uses (including single-family, two-family, and multi-family). The proposed zoning is
consistent with the City 's adopted plans for the 38th A venue corridor.
Compreh ensive Plan (2009)
Envision Wheat Ridge, the Comprehensive Plan adopted in 2009, establishes 38 111 Avenue as the
City's main street. It identifies the street, between Sheridan and Wadsworth , as one of five
priority redevelopment areas and notes that the existing "checkerboard" zoning is a challenge to
redevelopment. The plan calls for a subarea, or corridor plan , to be developed for 38 1b Avenue to
develop specific recommendations related to land use , urban design , and economic development.
38'11 A venue Corridor Plan (201 1)
The 38 111 Avenue Corridor Plan, adopted in 2011 , establishes a vision for the revitalization of the
corridor into a mixed use main street. The Corridor Plan's Land U se and Urban Design
Council Action Form
September 24 , 2012
Page 3
Recommendation 4.3-1 calls for rezoning the street to mixed use zoning in order to remove the
outdated patchwork of zoning and to establish zoning that supports the vision for a mixed use
main street. The plan recommends MU-N as the most appropriate zone district to fulfill this goal.
Proposed Zoning: Mixed Use-Neighborhood (MU-N)
The MU-N zone district is intended for neighborhood main streets and commercial corridors. It
encourages medium-density mixed use development. It allows for neighborhood-serving
commercial and retail uses, as well as residential and civic land uses.
Allowed Uses
The MU-N zone district allows a range of commercial, retail, civic, and residential uses. The
current commercial and residential zone districts on 38th Avenue contain regulations that make
mixing land uses (such as live-work units or a mixed use building with retail on the ground floor
and apartments above) very difficult to achieve. Under the MU-N zoning, these restrictions
would be removed.
The MU-N zoning does contain several conditional uses, which are uses that are more likely to
impact adjacent properties. These conditional uses include car repair, drive-through uses, gas
stations, and large-scale retail uses (over 60,000 GSF in size). New or expanding conditional
uses require an additional administrative review, through a Conditional Use Permit (CUP), to
ensure that the building and site design have as few negative impacts as possible. Gas stations
and drive-through uses also have separation requirements to ensure that they do not dominate
one particular area.
Building Height and Density
The MU-N zone district matches the height and density restrictions contained in the City
Charter. For residential density, the limit is 21 units per acre. For building height, buildings with
residential uses may not exceed 35 feet and all other buildings may not exceed 50 feet.
Open Space Requirements
Under the MU-N zoning, 15% of the net development area must be open space for single-use
development. Mixed-use development has a 1 0% open space requirement. At least 75% of all
open space must be usable open space, such as parks and plazas.
Residential Transitions
In an effort to protect existing residential neighborhoods, the MU-N zone district contains
specific requirements for new development that is adjacent to residential uses. Where any
parking lot or drive-through abuts a lot that has a residential use, screening must be provided ,
including a six-foot tall wall/fence or hedge and a six-foot wide landscaped buffer. For any new
building that is adjacent to a lot with a single-or two-family residential use that has residential or
agricultural zoning, the following regulations apply:
• A minimum 1 0-foot wide landscape buffer for 1-2 story buildings. The buffer must be 15
feet wide for a three story building, and 20 feet wide for buildings four stories or taller.
Council Action Form
September 24, 2012
Page4
• In addition to the landscaped buffer, buildings over two stories must step the upper floors
back an additional five feet per story for the 3rd and 4 1h stories .
• Any portion of a building within I 00 feet of a residential use may not be taller than four
stories (except where an arterial or collector street separates the new building from the
residential use).
Architectural Standards
With the goal of ensuring high -quality development, the MU-N zone district contains
architectural standards. The design standards include:
• Requirements for fa9ade articulation and material variation
• A build-to requirement that places buildings close to the street, with parking at the side or
in the rear
• Transparency requirements at the ground floor to help create active and interesting
ground floor facades
• Screening and placement requirements for drive-throughs
• Screening requirements for utilities and loading areas
Process
Outreach to Property Owners
Outreach to property owners regarding mixed use zoning started in the spring of 201 0, when the
City was working on the content of the mixed use code. In April 2010, the City hosted a Mixed
Use Zoning Forum for 38th Avenue. Based on survey results from that meeting, which included
property owners, business owners, and residents who live close to the street, there was 87 %
interest in a City-initiated rezoning to mixed use. At the time, the City chose to delay a
legislative rezoning until the 38th A venue Corridor Plan was complete.
Once the Corridor Plan was adopted, staff, per the direction of City Council , re-initiated outreach
to property owners on the topic of the rezoning. At this time, a specific rezoning area was
developed based on the following criteria:
Property has frontage on 38th A venue
Property does not front on 38th Avenue, but is in the 381h Avenue Urban Renewal Area
Property does not front on 381h Avenue, but currently has commercial zoning and touches
a property that does front 38th A venue
Does not create split-zoning for the same property
Include commercially-zoned residential properties that are adjacent to rezoning area and
will become conforming under the MU-N zoning
Using these criteria, staff developed a rezoning area and contacted all property and business
owners in that area via two targeted mailings. First, 164 property owners and 182 businesses
with active business licenses in the area were notified by mail of an informational meeting
regarding the potential rezoning. The meeting was held on April 11 and approximately nine
people attended . C ity staff gave a presentation about the proposed z oning and the process for a
City-initiated rezoning. There were several questions from the meeting attendees about how the
proposed zoning would impact their property, especially for car repair and car sales businesses .
Council Action Fonn
September 24, 2012
Page 5
Second, on April 1 0 , 2012 , staff mailed a feedback form to all 164 property owners and 182
business owners. The form included a map of the proposed rezoning area , information on why
the City is considering a rezoning, and asked for a response within 30 days. Of the surveys
received , 73 % of property owners said that they would like to be included in the rezoning , 18%
(6) said that they would not, and 9% (3) said that they were undecided. Per the direction of City
Council , staff contacted all of those who responded negatively or undecided to ensure that they
had the correct information. After that outreach, four property owners still did not want to be
rezoned. These four properties are not included in the rezoning area.
There is one property within the rezoning area, located at 6965-85 W 38 1h A venue, for which the
owner is undecided about whether to be rezoned. Staff has contacted the owner several times and
spoken on the telephone once with the owner, but no official response has been received. The
property, which contains a 2-story mixed use building, is still within the rezoning area in order to
be consistent with the map previously adopted by resolution by City Council. Since this owner
has not confirmed the wish to be included in the rezoning area, staff is recommending that City
Council remove the property from the final ordinance.
Based on input from City Council, the rezoning ordinance also includes an option for property
owners to be remo ved from the rezoning area within 30 days after the adoption of the ordinance.
The Community Development Director will remove any property for which an owner submits a
written request for removal within this 30-day period.
All property owners within the rezoning area were also notified by mail of the neighborhood
meeting on August 8 and recently received a letter notifying them about the public hearing dates
for both Planning Commission and City Council.
Rezoning Criteria
City Council's decision on the proposed rezoning shall be based on the facts outlined in section
26-112 .E. Staff has provided an analysis of the zone change criteria, outlined as follows:
1. The change of zone promotes the health, safety, and general welfare of the community
and will not result in a significant adverse effect on the surrounding area.
The ch ange of zone promotes the health , safety, and general welfare of the community and will
not adversely affect the surrounding area. The new zoning is not anticipated to allow uses that
are more intensive than the existing zoning allows. The MU-N zoning contains required
residential transitions for new development that will help protect the character of these
neighborhoods. Any proposed new development will be reviewed for traffic impacts and
drainage through the required Site Plan review process. More intensive uses , such as car repair
and drive-throughs , would have to obtain a Conditional Use Permit (CUP) to evaluate site design
and impacts on the surrounding area.
S taff concludes th a t this criterion ha s been met.
Council Action Form
September 24, 2012
Page 6
2. Adequate infrastructure/facilities are available to serve the types of uses allowed by the
change of zone, or the applicant will upgrade and provide such where they do not exist
or are under capacity.
Prior to new development under the MU-N zoning, a Site Plan Review application will be
required. This application will include a referral to all impacted utility agencies. ln the event
that current capacity is not adequate, utility upgrades will be required when the future
development scenario is known.
Staff concludes that this criterion has been met.
3. City Council shall also find that at least one (1) of the following conditions exists:
a. The change of zone is in conformance, or will bring the property into conformance,
with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and
other related policies or plans for the area.
The proposed zoning is consistent with the policies and goals in the City's Comprehensive
Plan and the 38th A venue Corridor Plan . Both plans call for creating a Main Street with a mix
of uses, including commercial and residential, that will activate the street and encourage
redevelopment. The proposed MU-N zoning, which encourages mixed use development and
contains design standards, directly fits with these goals.
Staff concludes that this criterion has been met.
b. The existing zone classification currently recorded on the official zoning maps of the
City of Wheat Ridge is in error.
There is no known error in the existing recorded zoning.
Staff concludes that this criterion is not applicable.
c. A change of character in the area has occurred or is occurring to such a degree that
it is in the public interest to encourage redevelopment of the area or to recognize the
changing character of the area.
The 38th A venue corridor has seen significant change over the past few decades.
Underutilized land and vacancies led City Council and Urban Renewal Authority to adopt the
38 1h Avenue Corridor Redevelopment Plan, which designated an Urban Renewal Area on the
corridor in 2001. More recently, 38 1h Avenue has been the target area for major City
investments in the form of a lane reconfiguration and beautification project, as well as
funding to develop a branding/marketing strategy to capture new growth along the corridor.
The proposed MU-N zoning is intended to complement these efforts to revitalize the street
and encourage redevelopment of the corridor.
Council Action Form
September 24, 2012
Page?
Staff concludes that this criterion has been met.
d. The proposed rezoning is necessary in order to provide for a community need that
was not anticipated at the time of the adoption of the City of Wheat Ridge
comprehensive plan.
The proposed rezoning does not relate to an unanticipated need.
Staff concludes that this criterion is not applicable.
RECOMMENDATIONS:
The proposed MU-N zone district would encourage the type of quality, mixed use development
that is called for in the City's plans for 38 1h Avenue. Key aspects of the MU-N zone district that
would promote the mixed use redevelopment of this site include:
• A streamlined development review process
• A wide range of allowable land uses
• Architectural standards, such as build-to requirements and ground floor transparency, that
encourage quality design
• Requirements for residential transitions that will help protect the existing residential
neighborhood close to the site.
For these reasons, the proposed rezoning would help advance redevelopment of a priority
redevelopment area within the City, enabling high-quality mixed use development that
fulfills the City's adopted plans for a main street on 38th Avenue.
Per Council's previous direction to remove any property owners who do not wish to be
included in the rezoning area, staff is recommending that the property at 6965-85 W. 38th
A venue is removed from the rezoning map since the owner remains undecided.
RECOMMENDED MOTION:
"I move to approve Council Bill No. 20-2012 , an ordinance approving the comprehensive
rezoning of property along 38th Avenue between Sheridan and Wadsworth to the Mixed
Use-Neighborhood (MU-N) zone district, on first reading, order it published, public
hearing set for Monday, October 22 , 2012 , at 7 p.m. in City Council Chambers, and that
it take effect 30 days after final publication, with the following condition:
Or,
1. The property located at 6965-85 W. 38th Avenue is removed from the rezoning
area.
Council Action Form
September 24, 2012
Page 8
"I move to postpone indefinitely the ordinance approving the rezoning of property along
38th Avenue between Sheridan and Wadsworth to the Mixed Use-Neighborhood (MU-N)
zone district for the following reason(s) "
REPORT PREPARED BY;
Sarah Showalter, Planner II
Kenneth Johnstone , Community Development Director
ATTACHMENTS:
1. Council Bill No. 20-2012
2. Planning Commission staff report
TITLE:
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER------
COUNCIL BILL NO. 20
ORDINANCE NO. ___ _
Series 2012
AN ORDINANCE APPROVING THE COMPREHENSIVE
REZONING OF PROPERTY ALONG WEST 38TH AVENUE
BETWEEN SHERIDAN AND WADSWORTH TO THE MIXED
USE-NEIGHBORHOOD (MU-N) ZONE DISTRICT (CASE NO.
WZ-12-04)
WHEREAS, the City Council of the City of Wheat Ridge is authorized by Section
26-113 of the Wheat Ridge Code of Laws to initiate rezoning of property; and
WHEREAS, the City Council of the City of Wheat adopted a resolution on July 9,
2012 initiating the rezoning of property located along 38th Avenue to Mixed Use-
Neighborhood (MU-N); and
WHEREAS, the Envision Wheat Ridge comprehensive plan was adopted in 2009
and the 38th Avenue Corridor Plan was adopted in 2011; and
WHEREAS, both plans recommend that the 38th Avenue corridor redevelop into
a mixed use main street with commercial, retail, and residential uses; and
WHEREAS, the existing zoning designations in this area are outdated and make
mixed use development difficult to achieve; and
WHEREAS, the rezoning of the property to Mixed Use-Neighborhood (MU-N)
would support City's adopted policies for the corridor to redevelop over time with a mix
of uses; and
WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing
on September 6, 2012 and voted to recommend approval of rezoning to Mixed Use-
Neighborhood (MU-N).
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1: Pursuant to the findings made based on testimony and evidence presented
at the public hearing before the Wheat Ridge City Council, Mixed Use-Neighborhood
(MU-N) zoning is approved for the following land :
Attachment 1
The area located generally along West 38 1h Avenue between Sheridan and Wadsworth ,
as shown on the map below. The area to be rezoned includes adjacent right-of-way ,
extending to the centerline of that right-of-way.
JlTHAVE g
z
Iii ~
~ i
(!I 1 1 I
JoiTHPL
341rlAVE ~r
J4THAVE
Section 2: Approval of this zoning 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 Council 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 City Council further determines that the
Ordinance bears a rational relation to the proper legislative objective sought to be
attained.
Section 4: Severability; Conflicting Ordinances Repealed . If any section ,
subsection or clause of the ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections , subsections and clauses shall
not be affected thereby. All other ordinances or parts of the ordinances in conflict with
the provisions of this ordinance are hereby repealed .
Section 5: Effective Date. This Ordinance shall take effect 30 days after final
publication, as permitted by Section 5.11 of the Charter. Prior to said effective date , any
owner of real property within the area rezoned described in Section 1 hereof may
request that his or her property be removed from the area rezoned . Such request shall
be in writing, shall describe with particularity the property requested to be removed from
the area rezoned, shall be signed by all owners of record of said real property , and shall
be delivered to the Director of Community Development. Upon receipt of a proper,
signed request within the time period specified in this Section 5, said property shall be
removed from the area rezoned and shall retain the zone designation applicable to it
prior to the passage of this Ordinance.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of_ to __
on this _th day of , 2012, ordered it published with Public Hearing and
consideration of final passage set for Monday, October 22nd, 2012 at 7:00 p.m., in the
Council Chambers, 7500 West 291h Avenue, Wheat Ridge , Colorado , and that it takes
effect 30 days after final publication
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of to __ , this day of , 2012.
SIGNED by the Mayor on this ___ day of _______ , 2012 .
Jerry DiTullio, Mayor
ATTEST:
Janelle Shaver, City Clerk
Approved As To Form
Gerald E. Dahl, City Attorney
First Publication: ___________ _
Second Publication: __________ _
Wheat Ridge Transcript: _________ _
Effective Date: ____________ _
~·, ...... ~ ~ City of • --~Wheat&_dge ~OMMUNllY DEVELOPMENT
City of Wheat Ridge Municipal Building 7500 W. 29th Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857
Meeting Date:
Attending Staff:
Location of Meeting:
Land Use Proposal:
Attendees:
Existing Zoning:
NEIGHBORHOOD MEETING NOTES
August 8, 2012
Kenneth Johnstone, Community Development Director
Sarah Showalter, Planner II
Lauren Mikulak, Planner I
City of Wheat Ridge Municipal Building
7500 W. 29th Avenue
Wheat Ridge, CO 80033
City-initiated rezoning ofW. 38th Avenue to Mixed Use-
Neighborhood (MU-N)
Gene Wallachy James Johnson
Cathy Fonk Larry Disher
Cletus Kaup Earl Wonning
Marcella Kaup Britta Fisher
Gladys Leonardi Bill Cosselmon
Deb Ogden Paul Slingsby
Justen Ogden Bea Slingsby
Caroline Mallory Tom Lix
Choc Kettering Gary Goodnight
Pamela Sixta Matthews Chris Boardman
Ellen Goodnight Judy Thomton
Philip Czajkowski Sam Ciotola
Judy Wonning Steve Dyer
Rob McLeod Daniel Feimster
Rene Redford Todd
Margaret Gese Jill Farnham
Pat Huizinga A.J. Barron
Glick Huizinga Jean Nations
Dan Huizinga Pete Croonquist
Denise Balkas B.J. Dores
Neighborhood Commercial (N-C), Restricted Commercial (R-C),
Commercial-One (C-1), Commercial-Two (C-2), Planned
Commercial Development (PCD), Planned Mixed Use
Development (PMUD), Residential-Three (R-3), Residential-Two
(R-2), Residential -One A (R-lA), and Residential-One B (R-lB).
Attachment 2
www .ci. wheatridge.co.us
Comprehensive Plan: Main Street Corridor; Neighborhood Commercial Corridor;
Neighborhood Buffer; Primary Gateway
Existing Site Conditions: The proposed area for rezoning encompasses approximately 100 acres and
160 properties along 38 1h Avenue between Sheridan and Wadsworth . The properties that compose the
rezoning area consist of a wide range of commercial and residential uses. The existing zoning is
primarily commercial but includes many zone districts : Neighborhood Commercial (N-C), Restricted-
Commercial (R-C), Commercial-One (C-1), Commercial-Two (C-2), Planned Commercial Development
(PCD), Planned Mixed Use Development (PMUD), and Residential-Three (R-3). There are a few
properties with lower density residential zone districts: Residential-Two (R-2), Residential-One A (R-
1 A), and Residential-One B (R-1 B). The properties in the rezoning area contain a wide range of land
uses including restaurant/retail , service, office, multifamily and some single family residential.
Applicant/Owner Preliminary Proposal: The proposal is a City-initiated , comprehensive rezoning of
the 38 1h Avenue corridor. 38th Avenue is designated in the City's plans as the main street for Wheat
Ridge. The Comprehensive Plan , Envision Wheat Ridge , identifies the street as one of five priority
redevelopment areas in the City. In October 2011 , the City adopted the 38 th Avenue Corridor Plan ,
which contains a detailed strategy for revitalizing the corridor into a vibrant main street with a range of
uses , inducting commercial , retail , and residential. One of the major recommendations in the Corridor
Plan is to rezone 38th Avenue to the Mixed Use-Neighborhood (MU-N) zone district. This zoning is
intended for neighborhood commercial corridors. It allows for commercial and neighborhood serving
retail uses , as well as residential uses (inducting single family , two family , and multi-family). The
zoning would enable the quality, mixed-use development envisioned for the corridor over time. On July
9 , 2012 , City Council adopted a resolution to initiate the rezoning of 38 th A venue.
The following is a summary of the neighborhood meeting:
• Staff presented a 30-rninute overview of the proposal. The presentation addressed the following
topics:
o Purpose of the neighborhood meeting
o History of the formation ofthe four mixed use zone districts
o History of the City 's planning efforts along the corridor, including Envision Wheat Ridge
and the 38 th A venue Corridor Plan
o Overview of the current zoning and proposed rezoning area
o Explanation of the criteria used to establish the proposed rezoning boundary
o Overview of the Mixed Use-Neighborhood zone district , including: allowable uses ,
architectural standards , and residential buffers and transitions
o Overview of the rezoning process
o Overview of the site development process (assuming MU-N zoning is approved),
including the concept plan and site plan review procedures
• Staff informed attendees of the anticipated Planning Commission and City Council public
hearings. The hearings are required parts of the rezoning process at which members of the
public will be able to comment on the proposal. Staff anticipates public hearings in September
and October, and official notification of the public hearing dates will be posted on the City
website and in the Transcript newspaper.
2
The following issues were discussed regarding the rezoning proposal :
• Since there is only one vacant lot on the corridor [at Depew and 38 1h], how does the zoning help the
whole corridor?
It's true that there is very little undeveloped land on the corridor, but there are also vacant and
aging buildings throughout the corridor. The zoning will not only affect the development of the
vacant parcel, but it will also affect future tenants of existing buildings. The MU-N zoning will
give more flexibility for future tenants, and it will also allow rehab of buildings to become mixed
use with commercial and residential tenants. The MU-N zoning will be more attractive to new
businesses despite there being very little vacant land.
• Does the rezoning process overrule existing covenants?
The city does not enforce private covenants, so the zoning is not affected. Whoever enforces the
covenants (such as an HOA) could absolve the covenants or theoretically challenge a new use in
court.
• The MU-N zone district has lower parking ratios than the current zoning. What does that mean?
Standard commercial zone districts such as C-1 and R-C ask for lots off-street parking and the
MU-N district relaxes that standard. Many properties on 38'/z Avenue are small parcels, and
current standards are a burden because the sites cannot accommodate large off-street parking
lots and still have space for a business. The MU-N zoning will allow reduced parking
requirements where bike parking is provided and where there is adjacent on-street parking on
W 38'/z Avenue.
It should be noted that the reduced parking standards are not applicable to all use categories.
The standards have been primarily relaxedfor retail and restaurant uses. Schools, hospitals,
and other higher-intensity uses will still need to provide sufficient off-street parking. [There was
discussion of specific parking issues related to existing businesses; Sarah offered to talk to
residents off-line regarding existing parking complaints that may be handled through Code
Enforcement.]
• Over the last 45 years, I've seen lots of changes on W. 38th Avenue-how long will this effort last?
Staff appreciates that there have been lots of different planning initiatives over the years. The
recently adopted corridor plan sets a framework for the street for the next 20 years. Zoning is
actually one of the more permanent features of W 38'/z Avenue-most of the zoning that is in
place today has been in place since at least the 1970s. Staff hopes that the MU-N zoning would
likewise stay in place long enough to result in changes to the uses and buildings on the corridor.
There is momentum amongst the Leadership Committee and there are 14 new businesses that
have opened on 38'/z Avenue this year alone. Staff is hopeful the momentum continues and the
zoning will be an integral part in continuing to attract new uses to the corridor.
• How will the reconfiguration of the road and the presence ofbike lanes affect snow removal in the
winter? I'm afraid it will cost the City more money.
While not related to the zoning of private property, the issue of snow removal was raised by the
Leadership Committee early in the process. The committee has met with the Public Works
Department to develop a strategy. In the case of a snow event, there are two options: pile the
snow or remove the snow. Because snow removal and transport is costly, snow will be plowed
3
into a designated on-street parking space. Large snow events may result in the temporary loss of
on-street parking spaces until the snow pile has melted.
• How will zoning impact street intersections?
While everything on 38'" Avenue is connected and affects the experience of the corridor-such as
street design, building and site designs, businesses, and land uses-zoning only dictates how you
can use and develop private property. Zoning has no impact on street design.
• What has been the reaction to the street redesign?
We have received lots of comment including positive and negative feedback. Out of respect for
people's time, please limit comments to the proposed rezoning and we can discuss the street at
the end of the meeting or privately.
• What are the requirements for landscaping next to the street and sidewalk?
The zoning requires landscaping between the sidewalk and a parking area, but not necessarily
between the sidewalk and a building. A different document-the Streetscape Design Manual-
has requirements for landscaping between the street and the sidewalk. This area is called the
tree lawn and a good example is adjacent to the new Chase Bank near 38'" and Vance. When a
building expands by 50% or more, or when a site is completely redeveloped, the tree lawn is a
required improvement.
• The goal seems to be to make 38th A venue a more vibrant area with more vibrant businesses, but
there are large areas on 38th that are pretty set in stone-for example, some office buildings, and the
tall Highlands apartment, and nursing homes. How will those areas change and how do you get
consistency from Sheridan to Wadsworth?
Consistent zoning on the corridor is the best hope for a consistent physical environment, but we
do recognize that it will not mean everything changes . The City-initiated zone change paves the
way for private development to initiate change. The City cannot force existing structures to
come into conformance with the MU-N zoning; we cannot incentivize investment through zoning,
but we have other economic development tools for that purpose.
Existing uses such as Highlands South are integral parts of the corridor that provide density and
residents to support local businesses. The corridor plan recognizes that the entire street will not
be the exact same, and for that reason the plan breaks the street into three districts: a main
street district, a residential district, and a more traditional commercial district on the east end.
While the uses and densities and buildings may vary the MU-N zoning accommodates all three
districts.
• I live on 38th A venue in a single family home that is zoned Restricted Commercial (RC). What is
the benefit to me to rezone to MU-N?
A single family home zoned RC is currently considered a legal nonconforming use because the
zoning doesn't allow for new single family homes. In the MU-N district a single family home is a
permitted use, so by rezoning you would become a legal and conforming use which is considered
a benefit.
• How does the zoning affect neighborhood restaurants or liquor laws?
The zoning encourages restaurant uses, but does not affect liquor licensing. The City has a
Council-appointed Liquor License Authority that reviews and approves liquor license requests.
4
Several new licenses have been issued lately, but again neither the current nor the proposed
zoning has an impact on that process.
• Assuming the corridor is rezoned, what is the City's position when a residential property owner is
approached by a commercial developer but doesn't want to sell?
The City has no role in a private negotiation or land transaction. If a commercial developer
comes to the City looking for property, we can try to help match them with a willing seller.
• Is my property in the rezoning area?
Sarah offered to look at the large scale map with anyone trying to determine if they are within
the proposed rezoning area.
• If the zoning changes is the City going to look for businesses to relocate to 38th Avenue?
Regardless of the zoning, the City's Economic Development Manager is always looking to
attract businesses to 38'11 Avenue and to all parts of Wheat Ridge. The MU-N zoning will likely
be more attractive to potential businesses and developers because it is more predictable and
more flexible in terms of permitting residential and commercial uses.
• Will the neighborhood have input regarding which new businesses come to 38th A venue?
Businesses open and close on a daily basis throughout the city, and there is typically no public
review. In the mixed use districts, most site approvals are administrative. There is an
opportunity for public input if a development site is 10 acres or larger. This will be a rare
occurrence on 38'11 Avenue but is possible if someone assembles land.
• Where can I find the descriptions of other zone districts?
Descriptions of all zone districts are available on the City's website (.www.ci. wheatridge.co .us )
on the Community Development Department's "Zoning" webpage. Citizens may also contact
the department or Sarah directly.
• The handouts say that a conditional use is reviewed by the Community Development Director for
impacts such as gas, noise, etc? There is shooting range on 38th Avenue already that I can hear
constantly from my house. Is there anything that you can do about that noise?
It sounds like there could be nuisance issues. For an existing business that is generating noise,
the Police Department enforces and monitors noise nuisance and impacts and you could contact
their code enforcement officers.
• Are the recent physical changes to 38 1h A venue permanent and will there be additional public
meetings?
The changes along 38'11 Avenue are considered a pilot project that will be in place and monitored
for a period of about 12 to 18 months. At that point, staff, City Council, and the Leadership
Committee among others will assess what worked and what didn't work related to the street
design. If the community wants permanent changes related to the street design, there will be
additional public meetings and financing will be a major consideration.
While the street changes and the zoning are both recommendations of the 38'11 Avenue Corridor
Plan, they are not related. The proposed rezoning does not affect the street design.
5
• To whom can I give comment regarding the street design?
For more information or to provide comment, you may contact Sarah Showalter or Mark
Westberg.
• What is the grandfathering policy? Can an auto repair shop be sold and reopen?
A few existing uses-such as auto sales with outdoor display lots , auto repair with overnight
outdoor parking of vehicles, and car washes-would be legally nonconforming under the
proposed zoning. Legally nonconforming means that the use legally existed prior to the rezoning
but is not allowed under the new MU-N zoning.
Legally nonconforming uses are "grandfathered " in , meaning that they can remain in place and
are granted the following protections : they are allowed to remain in existence and transfer
ownership; they are allowed to rebuild if damaged; and they are allowed to expand by up to
25%. The right to a nonconforming use is lost ~(the use is discontinued/or 12 or more
consecutive months.
• Will the zone change affect property taxes?
Property taxes are assessed by the Jefferson County Assessor, and there is no correlation
between the zoning of a property and the assessed value. If investments are made under the
MU-N zoning on a property, then the improvements may have an effect on taxes. Likewise, if the
corridor revitalizes as a whole then property values may raise as the market goes up.
• I like the idea of having a tree lawn and landscaping between the street and the sidewalk. Will the
citizens be taxed to install something like that?
Th e Streetscape Design Manual is the document that outlines landscaping requirements between
the street and the sidewalk. When a building expands by 50 % or more, or when a site is
completely redeveloped, the tree lawn is a required improvement which the developer must
install.
If the community wants a corridor wide installation of a permanent tree lawn and landscaping,
that would be part of permanent improvements after the pilot project. This would require public
meetings and financing would be a major consideration. If, for example, a tax initiative was
proposed to fund street improvements, it would have to be approved by the voters as a ballot
initiative.
In addition to the questions raised at the meeting, staff also received a few emails or phone calls
from neighbors in the surrounding areas. These consisted of questions about the intent of the
rezoning as well as one email in support of the rezoning.
6
~ ~ , ~' ~ ., City of •
?WheatRi_dge
ITEMNO:_j_
DATE: September 24 ,2012
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 24-2012 -AN ORDINANCE AMENDING
CHAPTER 21-107 OF THE WHEAT RIDGE CODE OF LAWS
TO PERMIT WAIVER OF INSURANCE REQUIREMENTS FOR
CERTAIN LONG-TERM RIGHT-OF-WAY PERMITS
D PUBLIC HEARING
D BIDS/MOTIONS
0 RESOLUTIONS
QUASI-JUDICIAL:
tJ
ISSUE:
l:'g] ORDINANCES FOR 1sT READING (9/24/2012)
0 ORDINANCES FOR 2ND READING (1 0/08 /2012)
D YES
The existing ordinance allows right-of-way use permits to be issued for a maximwn time of five
years and requires that property owners provide evidence of insurance while right-of-way use
permits are in force. Some of the right-of-way use permits , which are routinely reissued,
authorize semi-permanent improvements, such as fences , walls , etc. The proposed amendment
to the City Code would allow such "long-term" permits to be issued without a defined
termination date. The proposed ordinance amendment would continue to require City
indemnification for long term right-of-way use permits, but would not require that insurance
certificates be provided to the City. Long-term permits would also be recorded against the
affected properties to ensure that future owners are aware of the penn its.
PRIOR ACTION:
The City Council discussed the proposed ordinance change at its August 6 , 2012 Study Session.
FINANCIAL IMPACT:
None
BACKGROUND:
Currently, right-of-way use permits are issued to allow property owners use of adjacent City
street right-of-way for temporary purposes. Many applications are , however, for semi-pennanent
V:\Forms\CAFtempl ate
Council Action Form
September 24 , 2012
Page2
improvements, such as fences , irrigation systems, retaining walls , etc. These permits are issued
for five years and must be re-issued to maintain the improvements. The City Code also requires
that property and liability insurance be maintained to the benefit of the City. Certificates of
insurance are kept on file for each permit.
Staff is recommending that the City Code be amended to allow some permits to be issued with
an indefinite termination. Such permits would be recorded with the County to ensure that future
property owners are aware of the permits, along with the liability associated with them. Long-
term permits could also be exempt from the obligation of supplying insurance certificates to the
City.
RECOMMENDATION:
Adopt the ordinance as attached.
RECOMMENDED MOTION:
"I move to approve Council Bill No . 24-2012, an ordinance amending Chapter 21-107 of the
Wheat Ridge Code of Laws to permit waiver of insurance requirements for certain long tenn
right-of-way permits, on first reading, order it published , public hearing set for Monday, October
8, 2012 at 7:00p.m. in the City Council Chambers, and that it take effect upon adoption."
Or,
"I move to table indefinitely Council Bill No. 24-2012 , an ordinance amending Chapter 21-107
of the Wheat Ridge Code of Laws to permit waiver of insurance requirements for certain long
term right-of-way permits, for the following reason(s) "
REPORT REVIEWED AND PREPARED BY:
Gerald E. Dahl, City Attorney
Tim Paranto , Director of Public Works
ATTACHMENTS:
1. Council Bill No. 24-2012
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER ___ _
Council Bill No. 24
Ordinance No. ___ _
Series 2012
TITLE: AN ORDINANCE AMENDING CHAPTER 21-107 OF THE WHEAT RIDGE
CODE OF LAWS TO PERMIT WAIVER OF INSURANCE
REQUIREMENTS FOR CERTAIN LONG TERM RIGHT-OF-WAY PERMITS
WHEREAS, Section 15.9 of the Wheat Ridge Home Rule Charter authorizes the
Council to permit use of City rights-of-way and other City property; and
WHEREAS, the City of Wheat Ridge, acting through its City Council has
authority to enact ordinances governing the use of City rights-of-way; and
WHEREAS, in the exercise of this authority the Council has previously enacted
Article Ill of Chapter 21 of the Wheat Ridge Code of Laws entitled "Permits for Use of
Right-of Way"; and
WHEREAS, the Council wishes to amend the Code to permit long-term right-of-
way use permits to be issued without requirement of insurance, conditioned upon the
permittee indemnifying the City and the permit being recorded.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Section 21-102 of the Wheat Ridge Code of Laws is amended to read:
Sec. 21-102.-Term of right-of-way use permits.
The term of the permit provided for by this article shall be no longer
than five (5) years from the date of issuance, UNLESS THE PERMIT
IS TO BE RECORDED AS PROVIDED BY SECTION 21-1 07(D), IN
WHICH CASE THE TERM MAY BE OF ANY LENGTH OR
INDEFINITE. The DIRECTOR OF PUBLIC WORKS city engineer
shall determine the appropriate term and issue the permit
accordingly. Issuance of any permit shall not preclude the city from
terminating said permit at any time, without liability to the city,
pursuant to the provisions of section 21-1 04 of this Code and Charter
section 15.9.
Section 2. Section 21-107 of the Wheat Ridge Code of Laws is amended by the
addition of a new subsection (d) to read:
Sec. 21-107. Insurance requirements.
Attachment 1
(a) ...
(d) The requirements of this section may be waived by the
director of public works upon the condition that the permittee
adequately indemnify the city and that the permit itself be
recorded in the real property records of the Jefferson County
Clerk & Recorder.
Section 3. Severability, Conflicting Ordinances Repealed. If any section ,
subsection or clause of this Ordinance shall be deemed to be unconstitutional 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 f ifteen (15) days after
final publication , as provided by Section 5 .11 of the Charter.
INTRODUCED , READ , AND ADOPTED on f irst reading by a vote of _ to _
on this 24 day of September, 2012 , ordered published in full in a newspaper of general
circulat ion in the City of Wheat Ridge , and Public Hearing and consideration on final
passage set for Monday, October 8, 2012 at 7:00 p.m., in the Council Chambers , 7500
West 29 th 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 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