HomeMy WebLinkAboutCouncil Packet 11/26/20126:45 p.m. Pre-Meeting
CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 291H AVENUE, MUNICIPAL BUILDING
November 26,2012
7:00p.m.
Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat
Ridge. Call Heather Geyer, Administrative Services Director, at 303-235-2826 at least one week in advance of a
meeting if you are interested in participating and need inclusion assistance.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLLCALL OF MEMBERS
APPROVAL OF MINUTES OF October 22. 2012
PROCLAMATIONS AND CEREMONIES
ICMA Presentation of Strategic Leadership and Governance Award
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. Motion to award RFP-12-34 Videography Services to I.O.T.K. Media in the Contract
amount of $41,431.
b. Resolution 56-2012-amending the Fiscal Year 2012 General Fund Budget to
reflect the approval of a Supplemental Budget appropriation in the amount of
$21,050.
c. Resolution 57-2012-approving the restatement and Amendment of the City of
Wheat Ridge Money Purchase Pension Plan for designated Police Department
Employees for the purpose of Clarifying the plan definition of "Earnings"
CITY COUNCIL AGENDA: November 26 , 2012 Page -2-
CONSENT AGENDA (cont'd)
d. Motion to accept 38th Ave. and Harlan Street Rights-of-Way from 4.02006, LLC
e . Resolution No . 55-2012-Amending the Fiscal Year 2012 General Fund Budget to
reflect the approval of a Supplemental Budget appropriation in the total amount of
$33 ,559.41 for the renewal of the 2013 Support Agreement for the WRTV8 Granicus
Video Streaming Service and the Emergency Newtek Tricaster Software and
Hardware Purchase
ORDINANCES ON FIRST READING
6. Council Bill No. 26-2012 -An Ordinance approving the Rezoning of property located at
12600 W. 42"d Ave . from Agricultural-One (A-1) to Mixed Use-Neighborhood (MU-N)
{Case No. WZ-12-08/ROCK)
~ Council Bill No . 27-2012-An Ordinance approving the Rezoning of Property located at
3775 Benton St. from Planned Residential Development {PRO) to the Mixed Use-
Neighborhood {MU-N) Zone District {Case NO . WZ-12-09).
4. Council Bill No. 28-2012 -An Ordinance approvin~ the Vacation of Sidewalk and
Streetscape Easements adjacent to 5995 West 38 h Ave.
DECISIONS, RESOLUTIONS AND MOTIONS
5. Resolution No. 53-2012-Adopting the City Budget and Appropriating sums of money
to the various funds and spending agencies in the amounts specified for the City of
Wheat Ridge , Colorado for the 2013 Budget Year.
6 . Resolution No. 54-2012-Levying General Property Taxes for the year 2012, to help
defray the costs of Government for the City of Wheat Ridge, Colorado for the 2013
Budget Year.
7. Motion to Ratify Mayoral Appointment to the Housing Authority
8 . Motion to Elect the Mayor Pro Tempore
9. Motion to Award Contract to Zoppe Circus, Inc. in the amount of $70,000 and Success
Resources Unlimited in the amount of $10,500 for performances and coordination of
performances respectively August 16-25, 2013.
CITY MANAGER'S MATTERS
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MATTERS
ADJOURNMENT
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
October 22. 2012
Mayor DiTullio called the Regular City Council Meeting to order at 7:00 p.m.
Boy Scout Troop 514 led the assembly in the Pledge of Allegiance.
The Mayor called for a moment of silence for the family of Jessica Ridgeway.
ROLLCALL OF MEMBERS
Davis Reinhart Bud Starker
Joyce Jay Kristi Davis
Mike Stites George Pond
Joseph DeMott Tracy Langworthy
Also present: City Clerk, Janelle Shaver; City Attorney, Gerald Dahl; City Manager,
Patrick Goff; Public Works Director, Tim Paranto; Community Development Director,
Ken Johnstone; Parks and Recreation Director, Joyce Manwaring; City Treasurer, Larry
Schulz; Director of Administrative Services, Heather Geyer; Police Commander, Joe
Cassa; interested parties and interested citizens.
APPROVAL OF MINUTES OF October 8, 2012
Motion by Mr. Stites for approval of the Minutes of October 8, 2012; seconded by Mr.
Starker; carried 8-0.
PROCLAMATIONS AND CEREMONIES
Starburst Award for Discovery Park
Matt Robbins from Colorado Lottery was on hand to present the Starburst Award to
Mayor DiTullio and Joyce Manwaring. He noted that through the years over $ 7.4 M
has come to Wheat Ridge through GOCO grants, Conservation Trust Fund monies and
Jeffco Open Space funds. The Starburst Award was started in 1992 for excellence in
use of Lottery funds. Mr. Robbins presented a poster that was created to
commemorate the award to Wheat Ridge. It is the same as an ad that was placed in
the paper. He also presented the Starburst Award which is a handsome marble and
glass figure.
CITIZENS' RIGHT TO SPEAK
Britta Fisher, director of WR2020, congratulated the City Council and staff on the grand
opening of the Wadsworth Town Apartments. Wazee Partners has done a very quality
housing project that will be a fine asset for the City.
City Council Minutes October 22, 2012 Page 2
APPROVAL OF THE AGENDA
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
.L Council Bill 20-2012 -An Ordinance approving the Comprehensive Rezoning of
property along West 381h Ave. between Sheridan and Wadsworth to the Mixed
Use-Neighborhood (MU-N) Zone District (Case No. WZ-12-04)
Mr. Reinhart recused himself and left the room as he has a financial interest in a
property on the corridor in question .
Mayor DiTullio opened the public hearing .
Mrs. Jay introduced Agenda Item 1.
Clerk Shaver assigned Ordinance No. 1526.
Mayor DiTullio swore in people who would testify during the hearing .
Staff Report (Sarah Showalter, project manager)
Sarah entered into the record the case file , the digital presentation and the ordinance .
The current zoning of 38th Avenue contains outdated development standards and
patchwork zoning which make compact, mixed use, pedestrian-friendly development
difficult to achieve. This rezoning to Mixed Use-Neighborhood (MU -N) provides a
detailed strategy for revitalizing the corridor with a range of uses . It will support:
• A range of commercial , neighborhood-serving retail, and civic uses
• Residential uses (single, double and multi-family)
• Live-work units
• Transparent ground floor commercial with apartments above
• Allowable residential density up to 21 units per acre for the entire corridor
• Increased landscaping requirements to provide buffering and usable open space
and plazas
• Requiring a tree lawn for expansion of 50% or more , or complete redevelopment
• Maintaining height limits of 35 ft. for residential and 50 ft. for all other buildings
• Existing auto-related uses (car repair, sales lots, car washes, gas stations, drive-
throughs , etc.) to be grandfathered as legal non-conforming uses, but not be an
allowed use for new development under the MU-N zoning
• Requiring Conditional Use Permits for new or expanding car repair, drive-through
uses, gas stations , and large scale retail uses (over 60,000 GSF in size)
• Administrative site approval for most developments , with public input included
only for developments 10 acres or larger
• Requiring new buildings to be placed close to the street (parking on side or rear)
• Extensive screening and fencing requirements for certain uses to protect
adjacent properties/neighborhoods
City Council Minutes October 22, 2012 Page 3
• Architectural guidelines and facade requirements
Any of the 159 properties included in the rezoning have 30 days from passage of the
ordinance to opt out and retain their current zoning.
Public Comment
Britta Fisher spoke on behalf of WR2020 in support of the Mixed Use rezoning.
Several Councilmembers had questions , concerns and comments.
Mayor DiTullio closed the public hearing.
Motion by Mrs. Jay 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 second reading
and that it take effect 30 days after final publication ; seconded by Mr. Pond ; carried 7-0 .
Mr. Reinhart returned to the Council Chambers at 7 :36pm .
2. Council Bill 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)
Mayor DiTullio opened the public hearing .
Ms. Davis introduced Agenda Item 2 .
Clerk Shaver assigned Ordinance No. 1527.
Staff Report (Mr. Johnstone)
In 2011 the previous City Council rezoned the Wadsworth Corridor to Mixed Use-
Commercial. The 1.5 acre parcel in question was inadvertently left out of this rezoning .
The property owner has requested to be rezoned to MU-C, so the City is initiating this
rezoning to correct that omission . No fees will be assessed to the property owner.
Public Comment none
Mayor DiTullio closed the public hearing.
Motion by Ms. Davis 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 second reading and that it take effect
15 days after final publication; seconded by Mr. Reinhart ; carried 8-0 .
City Council Minutes October 22, 2012 Page4
~ Council Bill25-2012 -An Ordinance amending Section 5-45 of the Wheat Ridge
Code of Laws concerning certain Escrow Agreements as security for Public
Improvements
Mayor DiTullio opened the public hearing.
Mr. Reinhart introduced Agenda Item 3.
Clerk Shaver assigned Ordinance No. 1528.
Staff Report
The City currently owns 14 escrows for public improvements associated with
commercial and industrial properties. It is unlikely that these improvements will ever be
done. The amount of money involved is $124,172.20, and includes projects that range
from 2 years ago to 15 years ago . The Council could either put the funds into the City's
Public Improvement Fund or refund the money to the original depositors. At a study
session the Council agreed unofficially to refund the money to the original depositors.
Public Comment none
Mayor DiTullio closed the public hearing .
Motion by Mr. Reinhart to approve Council Bill No. 25-2012, an ordinance amending
Section 5-45 of the Wheat Ridge Code of Laws concerning certain escrow agreements
as security for public improvements, on second reading and that it take effect 15 days
after final publication; seconded by Mr. DeMott; carried 8-0.
4. Public Hearing on the 2013 Proposed Budget
Mayor DiTullio opened the public hearing.
Public Comment
Ted Heyd, Lakewood resident and consultant for Live Well Wheat Ridge, thanked the
City for creating safer environments , supporting active transportation, increasing
access to public transportation, and providing valuable linkages to paths , trails and
services in the community. He encouraged implementation of:
1) continued pedestrian/bike friendly projects on 38th Avenue,
2) the environmental study on a section of Wadsworth to address multi-modal issues,
3) the Kipling multi-use path,
4) the 32"d Avenue widening project at 32"d & Youngfield, and
5) installation of the 39 new bus benches.
David Kueter, resident of District 1 and an avid bicyclist, echoed support for more bike
lanes, and recommended that bike lanes be added on Pierce Street.
City Council Minutes October 22, 2012 Page 5
Kristian Teegardin lives in Edgewater and works in Wheat Ridge. He works at Summit
House and he hopes bike paths will be added to Pierce. He also hopes that multi-
modal access will be included at the new medical building at 29th and Wadsworth.
Staff Report (City Manager)
Patrick Goff presented the proposed 2013 budget with a power point presentation that
outlined projected revenues and expenditures . Total (all funds) revenue is projected to
increase by 21% and proposed expenditures will be 5.5% higher than 2012. The
increase in revenue for 2013 is largely due to the amount of grant money the City will
be getting in 2013. General fund revenues are projected to increase by 2 .8% with an
increase of 3.1% in expenditures compared to the estimate for 2012.
Patrick went through details of how each of the City's goals is being addressed with the
budget. The goals and major projects include:
[Note : Amounts with an asterisk in the "Goals" section are listed again in the capital projects
budget (CIP). Both numbers refer to the same project.]
1: A Financially Sound City Providing Quality Services
• Employee compensation -$450,000
• Performance Management Program -$28,500
• Priority Based Budgeting (year 2)-$15,000
• Paid Time Off (PTO) Cash-Out-$50,000
• Fleet replacement-$385,000 ($2M in needs deferred)
• Preventative street maintenance projects-$1.6M* (CIP major project)
• Lakewood Crime Lab services-$68,900
• Transfer to Equipment Replacement Fund for future equipment needs -$100,000
(probably the last time we will transfer monies for this use)
• Employee safety and wellness programs-$13,100
2: Supporting Economically Viable Activity Centers
• 32"d & Youngfield interchange improvements-$5,517,000* (partly grant funded)
• 38th Avenue Corridor: Marketing plan implementation-$120,000
Events-$67,000
Street Improvements-$1 00,000* (CIP major project)
Marketing map and directory-$7,000
• Brownfields EPA Grant-$350,000 (grant funded)
• Live Local Events-$20,000
• Wheat Ridge Business District (WRBD) loan program-$90,000
• Wadsworth Planning Environmental Linkage (PEL) project-$1.2M* (partly grant funded)
• Urban renewal funding for Renewal Wheat Ridge (RWR) projects -$400,000
3: Provide a Choice of Viable Neighborhoods
• Aging population needs assessment-$3,000
• Block parties-$2,500
• CDBG energy efficiency grant program administration -$6,000
• Home Investment Loan Program (HIP)-$50,000
City Council Minutes October 22, 2012 Page 6
• 29th Avenue storm sewer improvements-$850,000* (CIP major project)
• Installation of 39 new bus benches-$250 ,000* (partially grant funded CIP project)
• District 2 neighborhood Park-$875,000* (partially grant funded Parks project)
• Police Dept. community oriented neighborhood programs-$17,655
• Police Dept. greenbelt patrol-$17,280
4: More Attractive Wheat Ridge
Bus shelter and bench maintenance and cleaning -$36,000
38th Avenue annual plantings -$2,000
Dumpster Days-$5,000 (not the same as Large item pick-up)
East Wheat Ridge targeted maintenance and upgrades-$20,000
Kipling St. multi-use path and lighting -$2,835,000* (partly grant funded CIP project)
Gateway signage program-$100,000* (CIP major project)
City Hall plaza improvements -$200,000* (with crime lab remodel under CIP projects)
Parks maintenance projects-$50,000* (listed as a Parks project)
Large item pick-up program-$5,000 (not the same as Dumpster Days)
50th Avenue median improvements-$10,000
Other Notable Budget Items
• Zoppe Family Circus-$105 ,376 (Ticket sales to mitigate this amount considerably)
• Outside Agency Requests-$10,000
• Feed the Future Backpack Program-$10,000
• ADA compliance consultants/upgrades for the new ADA regulations-$42,300
• Carnation Festival cash contribution-$12,500; in-kind assistance-$28,000
• City Council table sponsorship-$3,000
CIP Major Projects (Capital Investment Program)
• 32"0 & Youngfield interchange improvements-$5.5M * (partly grant funded)
• Kipling Street pedestrian improvements-$2.8M* (partially grant funded)
• Wadsworth Planning Environmental Linkage (PEL) project -$1 .2M* (partly grant funded)
• Preventative street maintenance projects -$1.6M*
• Major drainage projects at 29th and Chase Street-$850,000*
• City Hall improvements-courtyard and remodel of police crime lab -$340 ,000*
• Bus bench installation -$250,000* (partially grant funded)
• Public Improvements Projects-$150,000
• Revitalization projects on 38th Avenue Corridor-$100,000*
• Gateway signage program -$1 00,000*
• Police radio repeater site-$150,000
Open Space Fund Major Projects
• Kendall Park development-$675,000 (plus $200 ,000 from Cons. Tr . Fund)
• Parks staff-$464,782
• Public Works/Parks shared operations facility-$150 ,000
• Sign fabrications-$110 ,000
• Anderson Park Master Plan-$80 ,000
City Council Minutes October 22, 2012 Page 7
• Happiness Gardens improvements-$50,000
• Jeffco River Corridor Trail Match (starts in Clear Creek County)-$25,000
• Open Space Improvements (educational kiosks)-$10,000
• Trail ReplacemenVRepair-$10,000
Conservation Trust Fund Major Projects (Lottery money)
• Anderson Building replacement-$200,000
• Kendall Park Development-$200,000 (plus $675,000 from Open Space Fund)
• Recreation Center Maintenance-$66,500
• Park maintenance projects-$50,000 (listed under Goal #4)
• Resurface tennis/basketball courts -$8,100
Mr. Goff noted there will be no staff increases for 2013. A new Compensation Plan is
under development and will be presented to Council by the end of 2012. It involves a
Total Rewards Approach (pay, benefits, etc.) and pay for performance for certain
positions. The $450,000 figure is reflective of a 3% increase.
Budget Summary
• 2013 proposed General Fund budget is balanced without using reserves
• $16M is directly linked to Council goals
• Continue to defer maintenance and large equipment replacement
• Projected reserves of 27%-unrestricted reserves at 23%-just under policy
target of 25%
• Transfer to Equipment Replacement Fund of $100,000
• Transfer to CIP $860,000
• Projected last year of available funding for CIP
Long-term Budget Picture
• Perpetual systemic revenue/expenditure gap continues
• Annual adjustments to proposed 2013 budget to fill gap
• Deferral of maintenance to fill bigger gap
• Continued work and education on implementation plan for increasing revenue
• lntegrati.on of Priority Based Budgeting into budget process to align limited
resources with desired community results
• Economic Development
Following question from City Council Mayor DiTullio closed the public hearing. Adoption
of the budget and certification of property tax mill levy is scheduled for November 26.
DECISIONS. RESOLUTIONS AND MOTIONS
5. Motion to approve the First Amendment to the T-Mobile West Tower Lease
Mr. Starker introduced Agenda Item 5.
City Council Minutes October 22, 2012 Page 8
T -Mobile has had a lease agreement for space on the City's communication tower since
September 2006. T -Mobile wishes to upgrade its equipment on the tower to provide
better service to its customers. The magnitude of the change requires an amendment
to the existing agreement.
Motion by Mr. Starker to approve the First Amendment to the T-Mobile West Tower
Lease; seconded by Ms. Davis; carried 8-0.
§. Resolution 51-2012-A Resolution approving a Cooperative Agreement with the
Environmental Protection Agency for acceptance of a $400,000 Brownfields
Assessment Grant and amending the Fiscal Year 2012 General Fund Budget to
reflect the approval of a Supplemental Budget Appropriation in the amount of
$50,000
Mr. Stites introduced Agenda Item 6.
Brownfields are vacant or underutilized industrial or commercial properties that have the
potential to be environmentally contaminated by current or previous uses. This grant
money was awarded in June and is targeted for the Wadsworth urban renewal area.
WR2020 has identified 75 properties that will potentially be included in the assessment.
$50,000 will be s~ent in 2012 and the remaining $350,000 will be used in 2013. The
SW corner of 38t & Wadsworth has a history as a car dealership, gas station and dry
cleaners, so assessment for contamination is essential. The total amount for Phase I
and Phase II Assessments at this site us approximately $31,000.
Motion by Mr. Stites to approve Resolution 51-2012, a resolution approving a
Cooperative Agreement with the Environmental Protection Agency for acceptance of a
$400,000 Brownfields Assessment Grant and amending the fiscal year 2012 General
Fund budget to reflect the approval of a supplemental budget appropriation in the
amount of $50,000; seconded by Mr. Starker; carried 8-0.
7 . Resolution 52-2012 -A Resolution approving submittal of the application for a
2013 Local Government Grant to Jefferson County Open Space for Development
of a District II Neighborhood Park
Ms. Davis introduced Agenda Item 7.
This grant application is for the development of a District II neighborhood park on
previously acquired property at 44th and Kendall Street.
Motion by Ms. Davis to approve Resolution No. 52-2012, a resolution approving
submittal of the application for a 2013 Local Government Grant to Jefferson County
Open Space for development of a District II neighborhood park; seconded by Mrs. Jay;
carried 8-0.
City Council Minutes October 22, 2012 Page9
8 . Motion to award RFQ-12-19 Youngfield Restroom Renovation Design/Build
Contract to White Construction Group in the amount of $134,449 and approve a
Contingency Amount of $13,445
Mr. DeMott introduced Agenda Item 8.
The wooden foundation and the mechanics of the self-composting Clivus restroom at
the 41st & Youngfield trailhead have failed and need replacing. The system has been
well-maintained since its construction in 1993, but usage has increased and the system
now requires daily maintenance. Replacing the Clivus would cost approximately
$65 ,000 and probably need to be replaced again in 10-15 years. It currently requires
about $7 ,000 a year in additional routine maintenance due to the condition of the Clivus
system. A traditional sanitary sewer system would cost $134,000 up front, but would
last many more years and not accrue the additional routine maintenance costs. With
this project staff also recommends upgrading for compliance with the new ADA
requirements .
Motion by Mr. DeMott to award RFQ-12-19 Youngfield Restroom Renovation
Design/Build Contract to White Construction Group in the amount of $134,449 and
approve a contingency amount of $13 ,445; seconded by Mr. Pond; carried 7-1 , with Mr.
Reinhart voting no.
9. Motion to cancel the Study Session of November 5, 2012 due to the General
Election Date of November 6 , 2012
Mr. Pond introduced Agenda Item 9 .
Since the Council Chambers will be used as a polling place, set-up and preparations
are necessary the previous evening to get the Chambers ready for Election Day.
Motion by Mr. Pond to cancel the City Council Study Session scheduled for November
5, 2012 due to the General Election date of November 6, 2012; seconded by Mr. Stites;
carried 8-0 .
ELECTED OFFICIALS' MATTERS
Janelle Shaver
The Clerk had several points of information about voting.
• All Jefferson County ballots have been mailed . If you don't get your ballot by
Wednesday, go to the Voting Service Center at 20th & Wadsworth at the Motor
Vehicle Office . Explain your situation and they will take care of you .
• Early Voting started today. If you have not applied for a mail-in ballot, but would
like to vote before November 6 , you can go to that same Service Center and vote
early.
City Council Minutes October 22, 2012 Page 10
• A reminder again that Wheat Ridge voters need not vote on the WR Fire District
question. It's an Edgewater question and should not be on our ballots. Just
ignore it.
• As always, you can bring your ballot in to City Hall any time during business
hours, 8 am - 5 pm. It saves you a stamp and ensures that a) your ballot will not
get lost in the mail, and b) your ballot will get to the County on time.
Mrs. Jay announced the Trunk or Treat event at WR 5-8 School this Saturday evening.
Mr. DeMott asked for Council's support to become Mayor pro tern when that comes up.
Mr. Starker congratulated City staff and the developers on the Town Center
Apartments.
Mayor DiTullio mentioned the ribbon-cutting at the Wheat Ridge Town Apartments and
thanked a number of individuals, staff, committees and groups for their contributions.
He also acknowledged the nominees and winners of the business awards that were
presented at the yearly Business Breakfast on October 10. He noted there had been a
dinner for Boards and Commission member last Wednesday and thanked the many
volunteers who give of their time in service to their community.
Motion by Mr. Stites to go into Executive Session under Charter Section 5.7(B)(1) and
Section 24-6-402(4)(B), C.R.S., specifically for a conference with the City Manager and
City Attorney under charter Section 5.7 (B)(2) and C.R.S Section 24-6-402(4)(F) for a
personnel matter-the annual evaluation of the City Manager, and to adjourn following
the Executive Session; seconded by Mr. Reinhart; carried 8-0.
Meeting recessed to Executive Session at 9:03pm.
Janelle Shaver, City Clerk
APPROVED BY CITY COUNCIL ON November 26, 2012 BY A VOTE OF __ to __
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.
~ • 4
: • Cityof
_?WheatRl._dge
ITEM NO:~
DATE: November 26 , 2012
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO AWARD RFP-12-34 VIDEOGRAPHY
SERVICES TO I.O.T.K MEDIA IN THE CONTRACT
AMOUNT OF $41,431
0 PUBLIC HEARING
IZI BIDS/MOTIONS
D RESOLUTIONS
#~0
D ORDINANCES FOR I ST READING (rnmldd/yyyy)
0 ORDINANCES FOR 2ND READING (rnmldd/yyyy)
YES
Administrative Services Director City Manager
ISSUE:
The City works with videography service providers to create original programming for
Wheat Ridge Channel 8 (WRTV8) as well as online applications including the City
website and Y ouTube. Videography contractors also maintain, schedule and encode all
programming for WRTV8.
PRIOR ACTION:
City Council approved RFP-08-38 Video Services for Channel 8 at the December 8, 2008
City Council meeting.
FINANCIAL IMPACT:
Funding in the amount of$41 ,431 is budgeted in account #01-111-700-704 for 2013 .
BACKGROUND:
In 2009 , the City hired Jesse Johnson ofi.O.T.K. Media following the formal bid process
with the Purchasing Division to provide videography services for WRTV8.
Videography services for 2013 include: encoding and scheduling (includes uploading DVDs
from other communities such as Off the Page as well as programming the video streaming
software and scheduling programming each month), B-roil (gathering of video footage at events
V:\Forms\CAFtemp late
Council Action Form
November 26 , 2012
Page2
and programs used for future programming), taping of City Council and Planning Commission
meetings , Community Election forum and 12 Wheat Ridge Top of the Hour programs. There is
also a small amount budgeted for unplanned programming needs. In 2012, staff produced shows
for the Carnation Festival and LiveWell Wheat Ridge.
Since changing the Top of the Hour format in 2009 the City has been recognized with three
national awards from the City-County Communications and Marketing Association (3CMA).
The videos recognized were: Comprehensive Plan (1 st place regularly scheduled programming),
Coffee with a Cop (2nd place public service announcement), and Holdup (1 st place TV and
Videos-Promotional Video). In 2012 , the City along with LiveWell Wheat Ridge was awarded
an honorable mention by First Lady Michelle Obama's Let's Move organization for the video
highlighting local programs working to eliminate child obesity. The following funding is for
videography services only.
A breakdown of the Videography Services includes:
• Council Meetings -$11 ,050/year ($425 /meeting)
• Planning Commission Meetings -$11 ,050/year ($425 /meeting)
• Wheat Ridge Top of the Hour-$12 ,600/year ($1 ,050/episode)
• Community Election Forum -$333 /year
• Encoding -$2 ,200/year
• Programming & Scheduling -$2,200/year
• Two miscellaneous programs -$1 ,200
• WRTV8 B-roll-$666
RECOMMENDATIONS:
Following the formal bid process, staff recommends awarding I.O .T.K. Media the videography
services contract.
RECOMMENDED MOTION:
"I move to award RFP-12-34 Videography Services to I.O.T.K. Media in the contract
amount of$41 ,431."
Or,
"I move to deny the motion to award RFP-12-34 videographer services to I.O.T.K. Media
for the following reason(s) "
REPORT PREPARED BY:
Nathan Mosley, Management Analyst
ATTACHMENTS:
1. Bid tab sheet
PROJECT: RFP -12-34
VIDEOGRAPHY FOR CITY OF WHEAT RIDGE
DUE DATE/TIME:
:· : ... City of _
JP'"VVlieatR!_dge
REQUESTED BY: NATHAN , MOSLEY, ADMINI ,STRAT1VE SERV.ICES f
OPENED BY: JENNIFER NELLIS, PURCHASING AGENT
WITNESSED BY: DENISE WOOD, PURCHASING TECHNICIAN :(
WEDNESDAY, OCTOBER 17, 2012 BY 4 P.M. LOCAL TIME
VENDOR I.O.T.K . Media Open Media Foundation
LOCATION Arvada, CO Denver, CO
PROPOSER INFORMATION FORM YES YES
QUALIFICATIONS OF INDIVIDUAL OR FIRM YES YES
STAFF EXPERIENCE, VIDEO RESUME YES, (CD provided) YES, (internet l.ink provided)
TECHNICAL APPROACH YES YES
ILLEGAL ALIEN COMPLIANCE 'I YES YES
FEE SCHEDULES, ATTACHMENT A YES YES
Poge 1 of 1
~ ... c • E .c u as
~
~ ~ ~
..... .. City of
?WheatRt_,dge
ITEM NO:~
DATE: November 26 , 2012
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 56-2012 -A RESOLUTION AMENDING
THE FISCAL YEAR 2012 GENERAL FUND BUDGET TO
REFLECT THE APPROVAL OF A SUPPLEMENTAL
BUDGET APPROPRIATION IN THE AMOUNT OF$ 21,050
D PUBLIC HEARING
D BIDS /MOTIONS
~ RESOLUTIONS
QUASI-JUDICIAL:
ISSUE:
D ORDINANCES FOR 1ST READING
0 ORDINANCES FOR 2N° READING
D YES
The Police Pension Plan Board of Trustees has a fiduciary responsibility to pay the costs
associated with the operation of the Plan. The Police Pension Plan expenditures are made from
plan accounts held by ICMA-RC. The ICMA-RC payment process requires that funds from
these accounts be wired to the City upon receiving written authorization from the Police Pension
Plan Board of Trustees. Upon receipt of these funds, the City deposits them into a miscellaneous
revenue account. The Plan costs are paid through the Police Department Budget Account 01-
201-700-750. The funds , in the amount of$ 21,050, received by the City and deposited into the
miscellaneous revenue account must now be appropriated into this police department budget
account in order for the pension plan vendors to be paid.
PRIOR ACTION:
No action was required until the ICMA-RC payment process was changed.
FINANCIAL IMPACT:
There is no financial impact.
PD Supplemental Budget Appropriation
November 26, 2012
Page2
BACKGROUND:
There has been a change in ICMA-RC process of paying pension plan costs. Previously, ICMA-
RC disbursed authorized funds directly to pension plan vendors. The process change is detailed
in the 'Issue' portion ofthis request.
RECOMMENDATIONS:
Staff recommends approval of the resolution.
RECOMMENDED MOTION:
"1 move to approve Resolution No. 56-2012, a resolution amending the fiscal year 2012 budget
to reflect the approval of a supplemental budget appropriation in the amount of $21 ,050."
Or,
"I move to postpone indefinitely Resolution No. 56-2012 amending the fiscal year 2012 budget
to reflect the approval of a supplemental budget appropriation in the amount of $21 ,050 for the
following reason(s) "
REPORT PREPARED/REVIEWED BY:
Joseph Cassa, Division Commander
Daniel Brennan Chief of Police
ATTACHMENTS:
1. Resolution No. 56-2012
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 56
Series of 2012
TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2012
GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF
A SUPPLEMENTAL BUDGET APPROPRIATION IN THE
AMOUNT OF$ 21,050
WHEREAS, the Police Pension Plan Board of Trustees has a fiduciary
responsibility to pay the costs associated with the operation of the Police Pension Plan;
and
WHEREAS, the Police Pension Plan expenditures are made from plan accounts
held by ICMA-RC. The ICMA-RC payment process requires that funds from these
accounts be wired to the City upon receiving written authorization from the Police
Pension Plan Board of Trustees. Upon receipt of these funds, the City deposits them
into a miscellaneous revenue account; and
WHEREAS, the funds, in the amount of$ 21 ,050.00, received by the City and
deposited into the miscellaneous revenue account must now be appropriated into this
police department budget account in order for pension plan vendors to be paid; and
WHEREAS, the Wheat Ridge Charter requires that amendments to the budget
be effected by the City Council adopting a resolution;
NOW THEREFORE BE IT RESOLVED by the City Council of the City of
Wheat Ridge, Colorado, as follows:
A. The City Council authorizes the transfer of$ 21 ,050 from the
General Fund undesignated reserves to account number 01-201-
700-750 and the appropriate amendment of the General Fund.
DONE AND RESOLVED THIS 26TH DAY OF November 2012.
Jerry DiTullio, Mayor
ATTEST:
Janelle Shaver, City Clerk
Attachment 1
. '~
.... "' ~ " City of •
?Wheat:Rl_dge
ITEM NO: I c. I
DATE : November 26 , 2012
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 57-2012 - A RESOLUTION APPROVING
THE RESTATEMENT AND AMENDMENT OF THE CITY OF
WHEAT RIDGE MONEY PURCHASE PENSION PLAN FOR
DESIGNATED POLICE DEPARTMENT EMPLOYEES FOR
THE PURPOSE OF CLARIFYING THE PLAN DEFINITION OF
"EARNINGS"
D PUBLIC HEARING
D BIDS/MOTIONS
[8J RESOLUTIONS
D ORDINANCES FOR 1ST READING
0 ORDINANCES FOR 2ND READING
QUASI-JUDICIAL: D YES
Daniel Brennan, Chief of Police City Manager
ISSUE:
As a matter of routine and in accordance with the fiduciary responsibilities of the Police Pension
Board (the Board), a certified public accountant firm was engaged to review the Pension Plan
document (the Plan) regarding eligibility requirements , mandatory employee and employer
contributions, distributions , valuation of participant accounts and trust assets , and vesting.
The accountant firm found that the Pension Plan document provides for a fixed employer
contribution and mandatory participant contribution of 1 0% of earnings as defined. Earnings , per
the Plan document , are defined as W-2 wages excluding overtime and bonuses.
The accounting firm noted that taxable group term life, which is included as W-2 wages , was being
excluded from earnings in the calculation of the fixed employer contribution and mandatory
participant contribution.
PRIOR ACTION:
The City Council amended the ICMA Retirement Corporation Governmental Money Purchase Plan
and Trust Plan Adoption Agreement on September 24 , 2007.
Restatement of PO Pension Plan
November 26,2012
Page2
FINANCIAL IMPACT:
As a result of the finding of the accounting finn, it is necessary to make corrections for each plan
participant account. The cost of the corrections will be accomplished by amending the fiscal year
2013 General Fund Budget to reflect the approval of a supplemental budget appropriation.
If the resolution is not passed, the mandatory monthly contributions, by the employer and employee,
will increase on a monthly average of$ 4.80 per plan participant. The annual costs would be
approximately$ 360. These costs would also increase over time as plan participants receive salary
adjustments.
BACKGROUND:
The Money Purchase Plan has been updated and amended since it's inception in 1989. Some ofthe
amendments were the result of federal law and tax code changes. Other amendments customized the
Plan to meets the needs of the City and plan participants.
As part of its fiduciary responsibilities, the Board has the Plan reviewed by an independent certified
public accountant firm. The Board originally adopted the ICMA 401 Money Purchase Plan on
January 1, 2007. As a result, the definition of earnings was changed to include W-2 wages
excluding overtime and bonuses. Since 1998, the City has provided group term life insurance at the
rate of 1 Y2 times salary. When the definition of earnings was changed on January 1, 2007 , the
taxable term life insurance was not used in calculating the mandatory employer and employee
contributions.
RECOMMENDATIONS:
It is recommended that this resolution be passed in order to clarify the definition of Plan
"earnings" with respect to mandatory employer and employee contributions.
RECOMMENDED MOTION:
"I move to approve Resolution No. 57-2012, a resolution approving the restatement and amendment
of the City of Wheat Ridge Money Purchase Pension Plan for designated police department
employees for the purpose of clarifying the plan definition of"eamings."
Or,
"I move to postpone indefinitely Resolution No. 57-2012, a resolution approving the restatement
and amendment of the City of Wheat Ridge Money Purchase Pension Plan for designated police
department employees for the purpose of clarifying the plan definition of"earnings" for the
following reason(s) "
REPORT PREP AREDIREVIEWED BY:
Joseph Cassa, Pension Board President
Daniel Brennan, Chief of Police
Restatement of PD Pension Plan
November 26,2012
Page 3
ATTACHMENTS:
1. Resolution No. 57-2012
2. Restated Pension Plan Staff Report
3 . Amended Pension Plan Adoption Agreement
4. StaffReport addressing Council questions from November 19 Study Session
CITY OF WHEAT RIDGE
RESOLUTION NO. 57
Series of 2012
TITLE: A RESOLUTION APPROVING THE RESTATEMENT AND
AMENDMENT OF THE CITY OF WHEAT RIDGE MONEY
PURCHASE PENSION PLAN FOR DESIGNATED POLICE
DEPARTMENT EMPLOYEES FOR THE PURPOSE OF
CLARIFYING THE PLAN DEFINITION OF "EARNINGS"
WHEREAS, the City of Wheat Ridge established and maintains the Money
Purchase Pension Plan for Designated Police Department Employees (the
"Plan"), most recently amended and restated on January 8, 2007 effective as of
January 1, 1997; and
WHEREAS, the Plan's Pension Board (the "Board") has determined that it
is in the best interest of the City of Wheat Ridge and the City of Wheat Ridge
employees to amend the Plan to clarify the plan definition of "earnings"; and
WHEREAS, in accordance with Municipal Code § 19-52(e), a summary of
the amendment has been provided to all members of the Plan, who have been
polled and have provided their approval of the amendment as provided in C.R.S .
§ 31-30.5-101 et seq.; and
WHEREAS, the City of Wheat Ridge is authorized to amend the Plan
pursuant to Section 14.01 of the Plan and Municipal Code§ 19-52(e).
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WHEAT RIDGE THAT:
1. Effective as of January 1, 2013, the City of Wheat Ridge Money
Purchase Pension Plan for Designated Police Department
Employees is hereby amended as reflected on the attached
amended Adoption Agreement, which shall be substituted for the
Adoption Agreement approved and adopted on January 8, 2007.
DONE AND RESOLVED this 26th day of November, 2012.
ATTEST:
Janelle Shaver, City Clerk
Jerry DiTullio, Mayor
Attachment 1
1
~ ~ ~ ~
... ~ .-City of •
.. ~Wheat~dge ~OLICE DEPARTMENT
Memorandum
TO: Mayor Jerry DiTullio and City Council
THROUGH: Patrick Goff, City Manager
Daniel Brennan, Chief of Police
FROM: Joseph Cassa, Police Pension Board President
DATE: November 19,2012
SUBJECT: The City of Wheat Ridge Money Purchase Pension Plan for Designated
Police Department Employees: 2013 Plan Restatement
BACKGROUND
The sworn personnel of the police department participate in The City of Wheat Ridge Money
Purchase Pension Plan for Designated Police Department Employees ("The Plan"). The plan was
originally established effective as of October 1, 1981. The Plan is a money purchase pension plan
intended to be a qualified governmental plan under the Internal Revenue Service Code of 1986.
The Plan is governed by a seven-member board consisting of the following individuals:
1. Mayor: Jerry DiTullio
2. City Clerk: Janelle Shaver
3. City Treasurer: Larry Schulz
4. Chief of Police: Daniel Brennan
5. Pension Plan Participant: Police Officer Keith Weimer
6. Pension Plan Participant: Sergeant Kevin Armstrong
7. Pension Plan Participant: Division Commander Joe Cassa (Board President)
STATEMENT OF ISSUES
The current Plan was restated effective January 1, 2007. Major revisions were made to the Plan in
order to bring it into compliance with applicable IRS tax codes.
On June 3, 2009, I received notification from our account representative at ICMA-RC that they had
received IRS approval of an updated prototype 401(a) plan that would become effective on July 15,
2009. I was advised by the account representative that, providing no changes were needed, ICMA-
RC did not need any notification and the updated plan would be automatically adopted as of July
15 , 2009. The updated plan was reviewed by the legal counsel of Holland & Hart who represents
the pension board. Legal counsel advised me that the updated plan did not require restatement by
the City Council. No further action was taken by the Board and the updated plan became effective
on July 15 , 2009.
On November 22,2011, the Pension Board executed a letter of agreement with Brock and
Attac hme nt 2
Money Purchase Pension Plan for Designated Police Department Employees
November 19,2012
Page2
Company. Brock and Company is a professional corporation of certified public accountants and
business advisors. The Pension Board has a fiduciary responsibility to ensure the accuracy of the
plan participant accounting perfonned by ICMA-RC. It is the policy of the Pension Board to have
this service performed every three years. Brock and Company were engaged to perform this service
for the time period from January 1, 2009 through December 31, 2011. The agreed upon procedures
included:
o Review the Plan document regarding eligibility requirements, mandatory employee and
employer contributions, distributions, valuation of participant accounts, trust assets, and
vesting; and
o Select a representative sample of25 current and former participant accounts and compare
the infonnation in those records to payroll information, contribution information,
distribution information, investment information and the Plan document for accuracy; and
o Review ICMA-RC's calculation for each participant selected for accuracy. The review will
also include comparing the underlying data to the Plan document and each selected
participant's employee record.
On January 13, 2012, I received notification from Brock and Company of one of their findings.
Based upon the procedures performed, Brock noted that taxable group term life insurance, which is
includable as W-2 wages, was being improperly excluded from earnings in the calculation of the
fixed employer contribution and mandatory participant contribution. Notification was made to all
Board members of this finding.
On May 9, 2012, I sent a letter to our legal counsel regarding the Brock and Company findings.
Legal counsel reviewed the letter and made the following recommendations:
o There was a minor operational failure of the plan which can be easily corrected through the
IRS corrections process.
o The 2009 plan be restated through a City Council Resolution
o The ICMA-RC 2007 adoption agreement be restated to restore the definition of"eamings"
to conform to current city ordinance (section 19-53) and the original intent of the plan to
define "earnings" as participant base sa lary only.
o Individual plan participant pension accounts be made whole beginning January 1, 2007
through December 31 , 2012.
At the next regularly scheduled pension board meeting (May 17 , 2012), I presented this matter to
the Board. The Board concurred with the plan legal counsel and directed me to proceed with the
IRS corrections process. Subsequently, I began working with ICMA-RC and legal counsel on
restating the 2009 plan and the restatement of the plan adoption agreement.
The Pension Board undertook an education effort to inform plan participants of the above
recommendations. The education effort included the following activities:
o E-mail notification was sent to all plan participants.
o Police Department Board members met with plan participants individually and
in group settings to include patrol roll call briefings, and the investigations
bureau regularly scheduled meetings.
Money Purchase Pension Plan for Designated Police Department Employees
November 19 ,2012
Page 3
An election was required in order for the plan changes to be adopted. There are seventy-two (72)
active pension plan participants. The Plan requires at least sixty-five percent (65%) of plan
participants cast ballots in the election. The election was held beginning on October 19 , 2012,
through and including November 9, 2012. The election process was supervised and conducted by
the City Clerk 's Office. There were 72 ballots distributed. The official results of the election as
counted and certified by City Clerk Janelle Shaver are as follows:
o Question 1: 62 -Yes, 1 -No
o Question 2: 62 -Yes , 1 -No
The ballot questions were:
o Question 1: "The Plan was restated effective July 15 , 2009 and requires City Council
approval to reflect necessary law changes. Plan members are asked to ratify the adoption of
the plan restatement. Changes incorporated into the Plan at that time did not impact
participant benefits."
o Question 2: "The Plan Pension Board wishes to currently amend and restate the 2009 Plan
through a City Council Resolution to reflect necessary law changes as well as amend the
Plan prospectively to exclude taxable term life insurance premiums from the definition of
Plan earnings."
The adoption amended agreement is attached to this report.
The restated plan does not require any City ordinance changes.
ALTERNATIVES
There are two alternatives available to the City Council. The first alternative is not to approve the
restated pension plan. The result of failing to approve the restated plan includes:
o The current pension plan will not be in compliance with the IRS. Significant action and
penalties may be imposed by the IRS up to and including declaring the pension plan to be
out of IRS compliance.
The second alternative is to approve the restated plan. Upon approval, the restated plan will:
o Provide a current and up to date police pension plan which complies with IRS tax codes.
o Provides the mechanism to make all active plan participants accounts whole.
FINANCIAL IMP ACT
The financial impact upon the City cannot be determined until the requested Resolution to restate
the pension plan and adoption agreement is approved by the City Council. It is expected that the
financial impact will not exceed $15,000.
RECOMMENDATION
Staff recommends the City Council approve a resolution to adopt the amended ICMA-RC prototype
pension plan. Upon approval , this newly restated plan will become effective on January 1, 2013.
The resolution will be presented to City Council on November 26 , 2012.
Page 1 of 10
ICMA RETIREMENT CORPORATION
GOVERNMENTAL MONEY PURCHASE PLAN & TRUST
{AMENDED) ADOPTION AGREEMENT
(As Amended on January 1, 2013)
Plan# 10-002
The Employer hereby establishes a Money Purchase Plan and Trust to be known as _The City of Wheat
Ridge Money Purchase Pension Plan for Designated Police Department Employees {the "Plan") in the
form of the ICMA Retirement Corporation Governmental Money Purchase Plan and Trust (MPP
01101/06).
This Plan is an amendment and restatement of an existing defined contribution money purchase plan.
I8J Yes [J No
If yes, please specify the name of the defined contribution money purchase plan which this Plan hereby
amends and restates:
_The City of Wheat Ridge Money Purchase Pension Plan for Designated Police Department Employees
Effective Date: September 24, 2007
Summary of Change: Clarifies the definition of "earnings" and the application of the definition to
the employer and employee mandatory contribution rates.
I. Employer: The City of Wheat Ridge
II. The Effective Date of the Plan shall be the first day of the Plan Year during which the Employer
adopts the Plan, unless an alternate Effective Date is hereby specified: :January 1, 2013 (e.g.,
January 1, 2006 for the MPP 01101106 Plan)
Ill. Plan Year will mean:
Jg]l The twelve (12) consecutive month period which coincides with the limitation year. (See
Section 5.03(f) of the Plan.)
CJ : The twelve (12) consecutive month period commencing on _____ and each
anniversary thereof.
401 Money Purchase Plan Adoption Agreement
Attachment 3
Page2 of 10
IV. Normal Retirement Age shall be age 55 (not to exceed age 65).
V. ELIGffiiLITY REQUIREMENTS:
1. The following group or groups of Employees are eligible to participate in the Plan:
--·
----'
I
All Employees
All Full-Time Employees
Salaried Employees
Non-union Employees
Management Employees
Public Safety Employees
General Employees
Other Employees (specify describe the group(s) of eligible
employees below)
Any person who is a full-time paid sworn police officer
emoloyed by the police department of the Employer, as determined by the Employer under the
Employer's standard personnel policies and practices as may from time to time be in effect.
Notwithstanding the foregoing, any person employed as police chief of the Employer police
department Lh8ntiiiV-@-the option olw!MiifW'Qthe..Jui;:oj!lmg out of participation in ttie.Pian in
lieu of participation in the separate plan maintained by the Employer for its department heads.
The group specified must correspond to a group of the same designation that is defined in the
statutes, ordinances, rules, regulations, personnel manuals or other material in effect in the state or
locality of the Employer. Also, the eligibility requirements for participation in the Plan cannot be
such that Employees become Participants only in the Plan Year in which the Employees terminate
employment (i.e., stand-alone ftnal pay plans).
2. The Employer hereby waives or reduces the requirement of a twelve (12) month Period of Service
for participation. The required Period of Service shall be N/A (write N/A if an Employee is
eligible to participate upon employment).
If this waiver or reduction is elected, it shall apply to all Employees within the Covered
Employment Classification.
3. A minimum age requirement is hereby specified for eligibility to participate . The minimum age
requirement is N/A (not to exceed age 21. Write N/A if no minimum age is declared.)
VI. CONTRIBUTION PROVISIONS
1. The Employer shall contribute as follows (choose all that apply):
1&1 Fixed Employer Contributions With or Without Mandatory Participant Contributions.
(If section B or Cis chosen, please complete section D . Section E is optional .)
401 Money Purchase Plan Adoption Agreement 2
Page 3 oflO
A. Fixed Employer Contributions. The Employer shall contribute on behalf of each
Participant !lO %of Earnings or$ for the Plan Year (subject to the limitations
of Article V of the Plan). Mandatory Participant Contributions
Qgare required Oi are not required
to be eligible for this Employer Contribution.
B. Mandatory Participant Contributions for Plan Participation. A Participant is required to
contribute (subject to the limitations of Article V of the Plan)
(i) ·10% ofEarnings,
(ii) $ ' or
(iii) a whole percentage of Earnings between the range of :(insert
range of percentages between 0% and 20% (e .g., 3%, 6%, or 20%; 5% to 7%)},
as designated by the Employee in accordance with guidelines and procedures
established by the Employer
for the Plan Year as a condition of participation in the Plan. A Participant shall
not have the right to discontinue or vary the rate of such contributions after
becoming a Plan Participant.
The Employer hereby elects to "pick up" the Mandatory Participant
Contributions.!
!g) Yes 0 No
C. Mandatory Participant Contributions for this Portion of the Plan. Each Employee
eligible to participate in the Plan shall be given the opportunity to irrevocably elect to
participate in the Mandatory Participant Contribution portion of the Plan by electing to
contribute (insert range of percentages between 0% and
20% (e.g., 3%, 6%, or 20%; 5% to 7%)) of the Employee's Earnings to the Plan for each
Plan Year (subject to the limitations of Article V of the Plan).
A Participant shall not have the right to discontinue or vary the rate of such
contributions after becoming a Participant in this portion of the Plan.
The Employer hereby elects to "pick up" the Mandatory Participant Contributions.2
1 Neither an IRS advisory letter nor a determination letter issued to an adopting Employer is a
ruling by the Internal Revenue Service that Participant contributions that are picked up by the
Employer are not Includable In the Participant's gross income for federal income tax purposes.
Pick-up contributions are not mandated to receive private letter rulings, however, if an adopting
employer wishes to receive a ruling on pick-up contributions they may request one in
accordance with Revenue Procedure 2007-4 (or subsequent guidance).
2 See footnote 1 above.
401 Money Purchase Plan Adoption Agreement 3
Page 4 oflO
(J Yes 0 No
D . Election Window. Newly eligible Employees shall be provided an election window of
___ days (no more than 60 calendar days) from the date of initial eligibility during
which they may make the election to participate in the Mandatory Participant
Contribution portion of the Plan. Participation in the Mandatory Participant Contribution
portion of the Plan shall begin the first of the month following the end of the election
window.
An Employee's election is irrevocable and shall remain in force until the Employee
tenninates employment or ceases to be eligible to participate in the Plan. In the event of
re-employment to an eligible position, the Employee's original election will resume. In no
event does the Employee have the option of receiving the pick-up contribution amount
directly.
[J Fixed Employer Match of Voluntary Participant Contributions.
The Employer shall contribute on behalf of each Participant __ % of Earnings for the Plan
Year (subject to the limitations of Article V of the Plan) for each Plan Year that such
Participant has contributed L__% of Earnings or $ __ . Under this option, there is a single,
fixed rate of Employer contributions, but a Participant may decline to make the required
Participant contributions in any Plan Year, in which case no Employer contribution will be
made on the Participant's behalf in that Plan Year.
· CJ Variable Employer Match of Voluntary Participant Contributions.
The Employer shall contribute on behalf of each Participant an amount determined as fol-
lows (subject to the limitations of Article V of the Plan):
_o/o of the Voluntary Participant Contributions made by the Participant for the Plan Year
(not including Participant contributions exceeding __ % of Earnings or$ );
PLUS __ % of the contributions made by the Participant for the Plan Year in excess of
those included in the above paragraph (but not including Voluntary Participant Contributions
exceeding in the aggregate ___,~/o of Earnings or $ ).
Employer Matching Contributions on behalf of a Participant for a Plan Year shall not exceed
$ :or __flo of Earnings, whichever is~ more or I_ less.
2. Each Participant may make a voluntary (unmatched), after-tax contribution, subject to the
limitations of Section 4.05 and Article V of the Plan.
Di Yes 181No
401 Money PW'chase Plan Adoption Agreement 4
Page 5 oflO
3 . Employer contributions for a Plan Year shall be contributed to the Trust in accordance with the
following payment schedule (no later than the 15th day of the tenth calendar month following the
end of the calendar year or fiscal year (as applicable depending on the basis on which the
Employer keeps its books) with or within which the particular Limitation year ends, or in
accordance with applicable law):
On a Payroll by Payroll basis
4. Participant contributions for a Plan Year shall be contributed to the Trust in accordance with the
following payment schedule (no later than the 15th day of the tenth calendar month following the
end of the calendar year or fiscal year (as applicable depending on the basis on which the
Employer keeps its books) with or within which the particular Limitation year ends, or in
accordance with applicable law):
On a Payroll by Payroll basis.
Vll. EARNINGS
Earnings, as defined under Section 2.09 of the Plan, shall include:
(a) Overtime
0 ; Yes f81No
(b) Bonuses
0 : Yes I8J No
(c) Other Pay (specifically describe any other types of pay to be excluded below)
Taxable term life insurance premiums are excluded.
VID. The Employer will permit roUover contributions in accordance with Section 4.11 of the Plan.
I8J Yes 0 No
IX. LIMITATION ON ALLOCATIONS
If the Employer maintains or ever maintained another qualified plan in which any Participant in this
Plan is (or was) a participant or could possibly become a participant, the Employer hereby agrees to
limit contributions to all such plans as provided herein, if necessary in order to avoid excess
contributions (as described in Sections 5.02 of the Plan).
401 Money Purchase Plan Adoption Agreement 5
Page 6 oflO
1. If the Participant is covered under another qualified defined contribution plan maintained by the
Employer, the provisions of Section 5 .02(a) through (f) of the Plan will apply unless another
method has been indicated below.
0 Other Method. (Provide the method under which the plans will limit total Annual Additions
to the Maximum Permissible Amount, and will properly reduce any excess amounts, in a
manner that precludes Employer discretion.)
2. The limitation year is the following 12-consecutive month period:
The twelve (12) consecutive month period ending evezy December 1st.
X. VESTING PROVISIONS
The Employer hereby specifies the following vesting schedule, subject to (1) the minimum vesting
requirements and (2) the concurrence of the Plan Administrator. (For the blanks below, enter the
applicable percent-from 0 to 100 (with no entry after the year in which 100% is entered), in
ascending order.)
Period of
Service
Completed
Percent
Vested
Zero 0 :% -----,
One 0 •%
Two 0 1%
Three 20 !%
Four 40~%
Five ___.@_%
Six _!QJ%
Seven 100 :% -.
Eight __ ,%
Nine '%
Ten 1%
Notwithstanding the foregoing, vesting for Participants who are employed as police chiefs on September
24, 2007 shall be 100% regardless of service completed, and vesting for Participants who are employed as
police chiefs after September 24, 2007, shall be as follows:
Period of
Service
Completed
Zero
401 Money Purchase Plan Adoption Agreement
Percent
Vested
___g__;%
6
One
Two
Page 7 oflO
50 %
100 %
XI. Loans are permitted under the Plan, as provided in Artic:Je XIII of the Plan:
XII.
1.
D , Yes r&Jj No
In-service distributions are permitted under the Plan after a participant attains (select one of
the below options as provided in Section 9.08):
r&J Age 70 112 (Default)
0 Normal Retirement Age
0 Not permitted at any age
2. Tax-free distributions of up to $3,000 for the payment of qualifying insurance premiums for
eligible retired public safety officers are available under the Plan.
Q9 Yes 0 No (Default)
Xlll. In-service distributions of the Rollover Account are permitted under the Plan as provided in
Section 9.07.
D Yes ~ No (Default)
XIV. SPOUSAL PROTECTION
The Plan will provide the following level of spousal protection (select one):
·o A. Participant Directed Election. The normal form of payment of benefits under the Plan is a
lump sum. The Participant can name any person(s) as the Beneficiary of the Plan, with no
spousal consent required.
l8l B. Beneficiary Spousal Consent Election (Article Xll). The nonnal form of payment of
benefits under the Plan is a lump sum. Upon death, the surviving spouse is the Beneficiary,
unless he or she consents to the Participant's naming another Beneficiary. (This is the
default provision under the Plan if no selection is made.)
D C. QJSA Election (Article XVII). The normal form of payment of benefits under the Plan is a
50% qualified joint and survivor annuity with the spouse (or life annuity, if single). In the
event of the Participant's death prior to commencing payments, the spouse will receive an
annuity for his or her lifetime.
401 Money Purchase Plan Adoption Agreement 7
Page 8 ofiO
XV. FINAL PAY CONTRIBUTIONS
The Plan will provide for Final Pay Contributions if either 1 or 2 below is selected.
Final Pay shall be defmed as (select one):
A. D Accrued unpaid vacation
B. 0 Accrued unpaid sick leave
c. D Accrued unpaid vacation and · sick leave
D. 0 Other (insert definition of final pay)
that would otherwise be payable to the Employee in cash upon termination.
D 1. Employer Final Pay Contribution. The Employer shall contribute on behalf of each
Participant ' NIA o/o of Final Pay to the Plan (subject to the limitations of Article
V of the Plan).
D 2. Employee Designated Final Pay Contribution. Each Employee eligible to participate in
the Plan shall be given the opportunity at enrollment to irrevocably elect to contribute N/ A
(insert fixed percentage of final pay to be contributed) or up to : N/A ;% (insert
maximum percentage of final pay to be contributed) of Final Pay to the Plan (subject to the
limitations of Article V of the Plan).
Once elected, an Employee's election shall remain in force and may not be revised or
revoked. If the employer elects to ')lick up" these amounts, in no event does the Employee
have the option of receiving the pick-up contribution amount directly.
The Employer hereby elects to "pick up" the Employee Designated Final Pay Contribution
thereby treating such contributions as Employer-made contributions for federal income tax
purposes.
D! Yes 0 No
XVI. ACCRUED LEAVE CONTRIBUTIONS
The Plan will provide for accrued unpaid leave contributions if either 1 or 2 is selected below.
Accrued Leave shall be defined as (select one):
A. 0 Accrued unpaid vacation
B. 0 Accrued unpaid sick leave
401 Money Purchase Plan Adoption Agreement 8
Page 9 oflO
C. D Accrued unpaid vacation and sick leave
D. 0 Other (insert definition of accrued leave)
that would otherwise be payable to the Employee in cash.
0 1. Employer Accrued Leave Contribution. The Employer shall contribute as follows
(choose one of the following options):
Q ; For each Plan Year, the Employer shall contribute on behalf of each Eligible
Participant the unused Accrued Leave in excess ofi NIA (insert number of
hours/days/weeks) to the Plan (subject to the limitations of Article V of the Plan).
O ! For each Plan Year, the Employer shall contribute on behalf of each Eligible
Participant N/A %of unused Accrued Leave to the Plan (subject to the
limitations of Article V of the Plan).
D 2. Employee Designated Accrued Leave Contribution.
Each eligible Participant shall be given the opportunity at enrollment to irrevocably elect to
contribute N/ A % (insert fzxed percentage of accrued unpaid leave to be contributed)
or up to N/ A % (insert maximum percentage of accrued unpaid leave to be
contributed) of Accrued Leave to the Plan (subject to the limitations of Article V of the
Plan).
Once elected, an Employee's election shall remain in force and may not be revised or
revoked. If the employer elects to "pick up" these amounts, in no event does the Employee
have the option of receiving the pick-up contribution amount directly.
The Employer hereby elects to "pick up" the Employee Designated Final Pay Contribution
thereby treating such contributions as Employer-made contributions for federal income tax
purposes.
0 Yes 0 No
In order to allow for Final Pay Contributions and/or Accrued Leave Contributions, as defined in
sections XV and XVI above, the Plan must also include additional sources of ongoing contributions,
such as Fixed Employer Contributions or Mandatory Participant Contributions. In accordance with
IRS Guidance, ICMA-RC will not process Final Pay Contribution or Accrued Leave Contribution
Features as part of a "Stand Alone" Final Pay Plan.
xvn. The Employer hereby attests that it is a unit of state or local government or an agency or
instrumentality of one or more units of state or local government.
401 Money Purchase Plan Adoption Agreement 9
Page 10 of 10
XVlll. The Plan Administrator hereby agrees to infonn the Employer of any amendments to the Plan
made pursuant to Section 14.05 of the Plan or of the discontinuance or abandonment of the
Plan.
XIX. The Employer hereby appoints the ICMA Retirement Corporation as the Plan Administrator
pursuant to the terms and conditions of the ICMA RETIREMENT CORPORATION
GOVERNMENTAL MONEY PURCHASE PLAN & TRUST.
The Employer hereby agrees to the provisions of the Plan and Trust.
XX. The Employer hereby acknowledges it understands that failure to properly fill out this Adoption
Agreement may result in disqualification of the Plan.
XXI. An adopting Employer may rely on an advisory letter issued by the Internal Revenue Service as
evidence that the Plan is qualified under section 401 of the Internal Revenue Code to the extent
provided in applicable IRS revenue procedures and other official guidance.
In Witness Whereof, the Employer hereby causes this Agreement to be executed on this 1st _ day of
_January_, 2013_.
EMPLOYER
By:
Title:
Attest: ______________ __
401 Money Purchase Plan Adoption Agreement
ICMA RETIREMENT CORPORATION
777 North Capital St., NE
Washington, DC 20002-4290
202-962-8096
By: --------------------
Title:
Attest: -------------------
10
.. ~4 ..
.. ~ ., City of • A~WheatRi_dge
_jVp'OLICE DEPARTMENT
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
Memorandum
Mayor DiTullio and City Council
Patrick Goff, City Manager ....... ~
Daniel Brennan, Chief of Police '1\lf
Joseph Cassa, Police Pension Board President
November 20, 2012
Staff Report addressing City Council questions from November 19 Study
Session
During the November 19, 2012 City Council Study Session, two questions were asked regarding
the Adoption Agreement for the 2013 Police Pension Plan Restatement. I have discussed both
questions with the Police Pension Plan Attorney (Ms. Rebecca Hudson) and the ICMA-RC Vice
President, Field Sales, Western Region (Mr. Gary Helm).
The first question is in regards to the plan provision found on page 3 of the adoption agreement
and is: VI. Contribution Provisions, 1. B. titled Mandatory Participant Contributions for Plan
Participation. The question is why the section on the employer electing to pick up the mandatory
participant contributions is checked "yes", what does "pick up" mean and is the box correctly
checked for our plan?
The answer to the first question is a "pick up" plan is a special type of tax qualified plan
authorized by the Internal Revenue Code and is solely avai lable to state or local governments.
The "pick up" feature is adopted as part of a government pension plan and coverts the employee
mandatory contributions in the plan to a pre-tax employee contribution. The box is correctly
checked "yes" as the conversion of the employee contribution as a pre-tax contribution is an
intended plan feature and to do so, has to be treated as if it is "picked up" and paid by the City.
The second question is in regards to the plan provision found on page 4 of the adoption
agreement and is: VI. Contribution Provisions, 1.C. titled Mandatory Participant Contributions
for this Portion of the Plan. The question is why there is no box checked for the section on the
employer electing to "pick up" the mandatory participant contributions?
The answer to the second question is this plan provision is optional, however, it is not very
common in the ICMA-RC 40 I (a) plans. If this option is selected, it allows for plan participants
to make additional contributions over and above the current required percentage. Our police
pension plan is not set up to include this provision , thus leaving both the "yes" and "no" check
boxes blank is appropriate.
Please let me know if there is additional infonnation needed.
JC Attachme n t 4
... ~ ' " .... ~ .,. City of •
:P"WheatRi__dge
ITEM NO: \ • d.
DATE: November 26, 2012
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO ACCEPT 38TH A VENUE AND HARLAN
STREET RIGHTS-OF-WAY FROM 4.02006, LLC
D PUBLIC HEARING
~ BIDS/MOTIONS
D RESOLUTIONS
D ORDINANCES FOR 1ST READING (mm/ddlyyyy)
0 ORDINANCES FOR 2N° READING (mm/dd/yyyy)
QUASI-JUDICIAL: D YES ~ NO
----~ _)_~
Director o Public Works
_QflliwMoM
City Manager
ISSUE:
In conjunction with the redevelopment of property at 5995 West 38th Avenue, current right-of-
way easement areas are being dedicated to the City.
PRIOR ACTION:
None
FINANCIAL IMPACT:
None
BACKGROUND:
The proposed redevelopment of 5995 West 38th A venue to a new 7-Eleven store will require that
the streetscape along 38th Avenue and Harlan Street be modified to the current streetscape
standards. The property owner, 4.02006 , LLC, is willing to dedicate the current areas utilized for
streetscape at this time. It is recommended that the existing sidewalk and streetscape easements
be vacated to minimize the legal encumbrances on the new right-of-way.
RECOMMENDATIONS:
Staff recommends that the warranty deed be accepted by the City.
Council Action Form
November 26 , 2012
Page2
RECOMMENDED MOTION:
"I move to accept the 38 1h Avenue and Harlan Street rights-of-way from 4.02006, LLC."
Or:
"I move not to accept the 38th Avenue and Harlan Street rights-of-way from 4.02006, LLC, for
the following reason(s) "
REPORT PREPARED BY;
Tim Paranto, Director of Public Works
ATTACHMENTS:
I. Warranty Deed with Exhibit A
WARRANTY DEED
Loc:auoo . 5995 Wllth Avt
What Rid&e. CO 80033
WITNESSETH THAT 4.02006, LLC, whose address is 2700 South Broadway, Suite 300, Englewood,
County of Arapahoe, State of Colorado, 80113, for the consideration of TEN and NO/I 00 ($1 0.00), in
hand paid, acceptance, sufficiency, and receipt of which is hereby acknowledged, do hereby grant. bar-
gain, sell, and convey unto the City of Wheat Ridge, a municipal corporation in the State of Colorado,
whose address is 7500 West 29th Avenue, Wheat Ridge, County of Jefferson, State of Colorado, 80033,
the following real propeny situate, lying and being in the City of Wheat Ridge, County of Jefferson,
State of Colorado, to wit :
A tract of land lying in the SEY. of Section 24, Township 3 South, Range 69 West of the 6th Prin-
cipal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, as described at Re-
ception Number F0859511, in the official records of the County of Jefferson, State of Colorado,
more particularly described as: ·
See the attached two-page Exhibit A hereunto incorporated with this deed -
NOTE: All bearings are relative to one another and are based on the bearing of the South line of
theSE Y. of said Section 24 beingS. 89°59 '57" E.
Said tract contains 3359 square feet (0.077 acres) more or less.
Said tract to be used as: Right-of-Way
Also known by street and number as: 5995 W38th Ave, Wheat Ridge Colorado, 80033.
With all its appurtenances, and warrant the title to the same subject to easements, rights of way and
restrictions of record, if any .
Signed this \ ~ay of Novern\oe.v-2012.
STATE OF COLORADO
g-~;y OF J Jmzl~
)
) ss.
)
The foregoing instrument was acknowledged before me this ~~ day of~. 2012, by
4.02006, LLC
My commission expires: P/'21, , 'l.Olle . Witness my hand and official seal.
JEANNE M . ROONEY
NOTARY PUBLIC
STATE OF COlORA~(). •
NOTARY 10 • 1818401IML
IIY COMMISSION Eli"IJIEI OCT08111 U . 2011
The drafter of this ~scription is Alan II . Bailey, P.L .. , prepared on bchalfof7·Eievcn, 5995 W. 38"' Avenue. Wheat Ridge,
Colorado, 80033 and is not to be construed as representing a monumcntcd land survey.
Attachment 1
EXHIBIT A
RIGHT -OF-WAY DEDICATION
PARCEL DESCRJPOON
A PORTION OF LOT 1, CARTER MINOR SUBDIVISION, RECORDED AT RECEPTION No. F0859511 OF THE
JEFFERSON COUNTY CLERK AND RECORDER'S OFFICE, SITUATED IN THE SOUTHEAST % OF SECTION
24, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON,
STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 24; THENCE SOUTH 89"59'5r EAST,
ALONG THE SOUTH LINE OF SAID SOUTHEAST % OF SECTION 24, A DISTANCE OF 169.85 FEET; THENCE
NORTH 00"00'03" EAST A DISTANCE OF 30.00 FEET TO THE NORTHERLY RIGHT -OF-WAY LINE OF WEST 38"'
AVENUE AND THE MOST SOUTH, EAST CORNER OF SAID LOT 1, SAID POINT BEING THE POINT OF
BEGINNING;
THENCE ALONG THE SOUTHERLY AND WESTERLY LINES OF SAID LOT 11HE FOLLOWING THREE (3)
COURSES:
1. NORTH 89"59'5r WEST, ALONG SAID NORTHERLY RIGHT -OF-WAY LINE, A DISTANCE OF 125.00
FEET TO A POINT OF CURVE;
2 . CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, ALONG THE ARC OF SAID CURVE TO
THE RIGHT, HAVING RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 90"16'34", AND AN ARC
LENGTH OF 23.64 FEET (CHORD BEARS NORTH 45"08'23" WEST, 21.26 FEET) TO THE EASTERLY
RIGHT-OF-WAY LINE OF HARLAN STREET;
3. THENCE NORTH 00"16'48" WEST, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF
167.25 FEET TO THE MOST NORTH, WEST CORNER OF SAID LOT 1, FROM WHENCE THE CENTER
OF SAID SECTION 24 BEARS NORTH 00"59'18.WEST, 2426.66 FEET;
THENCE SOUTH 89"59'5r EAST, ALONG THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 5.00 FEET;
THENCE SOUTH 00"16'48" EAST, PARALLEL WITH AND 5.00 FEET EASTERJ. Y OF, WHEN MEASURED
PERPENDICULAR TO, SAID WEST LINE OF LOT 1 AND SAID EASTERLY RIGHT -OF-WAY LINE, A DISTANCE
OF 135.51 FEET;
THENCE NORTH 89"43'12" EAST A DISTANCE OF 5.50 FEET;
THENCE SOUTH 00"16'48" EAST A DISTANCE OF 21.18 FEET;
THENCE SOUTH 44"48'58" EAST A DISTANCE OF 12 .10 FEET;
THENCE SOUTH 89"59'5r EAST, PARALLEL WITH AND 17.00 FEET NORTHERJ. Y OF, WHEN MEASURED
PERPENDICULAR TO, SAID SOUTH LINE OF LOT 1 AND SAID NORTHERLY RIGHT-OF-WAY LINE, A
DISTANCE OF 121 .00 FEET TO THE EAST LINE OF SAID LOT 1;
THENCE SOUTH 00"16'48" EAST, ALONG SAID EAST LINE, A DISTANCE OF 17.00 FEET TO SAID MOST
SOUTH, EAST CORNER OF LOT 1 AND THE POINT OF BEGINNING.
CONTAINING 3359 SQUARE FEET (0.077 ACRES) MORE OR LESS.
BASIS OF BEARINGS: BEARINGS ARE BASED ON THE SOUTH LINE OF THE SOUTHEAST %OF SECTION
24, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6111 PRINCIPAL MERIDIAN AS BEARING SOUTH 89"59'57"
EAST. THE SOUTH 1/4 CORNER AND THE SOUTHEAST CORNER OF SAID SECTION 24 ARE MONUMENTED
BY A 3-1/4" BRASS CAP IN RANGE BOX. STAMPED: "LS 13212", WITH ALL BEARINGS RELATIVE HEREON.
SAID LINE BEARS sn•59'57"E,
ALAN H. BAILEY, PLS
COLORADO PROFESSIONAL LAND SURVEYOR No . 38035
FOR AND ON BEHALF OF;
BAILEY PROFESSIONAL SOLUTIONS, LLC
10F2
N00"59'18"W
2426.66'
f TOCENTER
~FSEC24
~~~~~ ~~~~C/)
I ~~~~~
I ~~~~~~~ ~a~ ~ a C/)
IL
30.00'
EXHIBIT A
LOT 12 HAHN SUBDIVISION
LOT1
CARTER MINOR SUBDIVISION
RECORDED IN THE OFFICE OF THE
CLERK AND RECORDER OF JEFFERSON COUNTY
ON MAY 4, 1999 AT REC. NO . F0859511
00°16'48"E
21.18'
S89"59'57"E
169.85"
8 W. 38th Ave. 6
(60'ROW) <'>
AREA
3359 sq.ft.±
0.077 ac.±
LOT3
LOT2
-S LINE , SE 1/4 S C 24."" E , ,
SOUTH 1/4 CORNER, SEC 24, TJS. T3S, R69W, 6TH PM TJS, R69W, 6TH PM
R69W, 6lli PM S89"59'57"E 2648.06' F0UN:1 3-1/4" BRASS CN>
FOUND 3-1/<4" BRASS CAP (BASIS OF BEARINGS) IN RANGE BOX,
IN RANGE BOX , STAMPED AS SHOMo! STAMPED AS SHO'MII
THIS IS NOT A LAND SURVEY PLAT AND ONLY REPRESENTS THE ATTACHED PARCEL DESCRIPTION.
SCALE : 1"=30'
PROJECT: HF-12-07
DRAWING FILE : ROW DEDICATION
DATE : NOV2, 2012
DRAWN: RJE
CHECKED: AHB
bp .... ~~; . .')' .. -, f l
"'
BAILEY
PROFESSIONAL
SOLUTIONS
BAILEY PROFESSIONAL SOLUTIONS , LLC
5737 SOUTH KENTON STREET ENGLEV«>>O, CO 80111
303.587.1672 BAILEYPROFESSIONALSOLUTIONS.COM
20F2
~ A ~ -~ _ r City of •
:.P'WheatRi_dge
ITEM NO:~
DATE: November 26, 2012
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 55-2012 -A RESOLUTION AMENDING
THE FISCAL YEAR 2012 GENERAL FUND BUDGET TO
REFLECT THE APPROVAL OF A SUPPLEMENTAL
BUDGET APPROPRIATION IN THE TOTAL AMOUNT OF
$33,559.41 FOR THE RENEWAL OF THE 2013 SUPPORT
AGREEMENT FOR THE WRTV8 GRANICUS VIDEO
STREAMING SERVICE AND THE EMERGENCY NEWTEK
TRICASTER SOFTWARE AND HARDWARE PURCHASE
D PUBLIC HEARING
D BIDS/MOTIONS
rgj RESOLUTIONS
D ORDINANCES FOR 1ST READING
0 ORDINANCES FOR 2N° READING
QUASI-JUDICIAL: D YES
#JJF
Administrative Services Director
ISSUE:
Should the City Council approve a supplemental budget appropriation in the amount of
$33 ,559.41 for the renewal of the 2013 annual support agreement for the WRTV8 Granicus
video streaming service for $16 ,365 and the emergency NewTek Tricaster software and
hardware replacement purchase for $17,194.41?
PRIOR ACTION:
City Council approved the previous WRTV8 Granicus support renewal in 2012. The renewal
will be paid for using City Public Education Government fee funds (PEG). The emergency
NewTek Tricaster purchase allows us to use the camera(s) to video tape City Council and
Planning Commission meetings. The gear died unexpectedly 10 days before the November 26th
Council Meeting and required us to immediately replace the system.
V :\Forms \CAFtemplate
Council Action Form
November 26 ,2012
Page2
FINANCIAL IMPACT:
The requested amount of the supplemental budget appropriation is $33,559.41 for the annual
renewal of Granicus video streamjng for $16,365.00 and the emergency NewTek Tricaster
software and hardware replacement purchase for $17,194.41. The IT division has negotiated a
$2 ,800.59 saving on the cost of the NewTek gear.
BACKGROUND:
The Granicus video streaming is an essential communication tool and provides timely and useful
information to citizens about City services and programs via the web and Channel 8. The City
contracts with Granicus, Inc. to provide the software, hardware and services to stream video of
Council meetings. In order to continue to provide WRTV8 service, staff is requesting approval
of a supplemental budget appropriation in the amount of $16,365. The contract renewal is
required because the Granicus existing support contract expires on January 13, 2013.
In addition , the hardware that controlled the three cameras in Council chambers, unexpectedly
failed 10 days before the November 261h Council meeting and had to be replaced. The
emergency NewTek Tricaster software and hardware replacement cost $17 ,194.41. The IT
division has negotiated a $2 ,800.59 saving on the cost of the NewTek gear. Without this new
gear, meetings conducted in the Council chambers could not be recorded or transmitted on
ChannelS.
The supplemental budget appropriation consists of transferring a total of$33,559.41 in revenues
from the general fund undesignated reserves.
Per the City's franchise agreement with Comcast, PEG (Public Education Government) fee
revenues may only be utilized to support equipment, software and maintenance associated with
the operation ofWRTV8. PEG fee revenues cannot be co-mingled with other general fund
revenues and the purpose of the funding is solely to support WRTV8 operations (not to include
staff salaries or the purchase of programming). Additionally, staff tracks the balance of PEG fee
funding. The current balance of available PEG fee funds is $202,322.72. Tills total does not
include a 2012 estimated fourth-quarter PEG fee payment. Revenues have averaged
approximately $42,000 per year. The estimated remairung balance for January 2013 is
$178,863.31 less the proposed PEG fee expenditures.
RECOMMENDATIONS:
Staff recommends that City Council approve the supplemental budget request. Funiling for the
contract renewal and three additional licenses is not budgeted in the General Operating Budget
since PEG fee funding can be utilized for this WR TV8 service.
RECOMMENDED MOTION:
"I move to approve Resolution No. 55-2012-a resolution amending the fiscal year 2012 general
fund budget to reflect the approval of a supplemental budget appropriation in the amount of
$33,559.41 for the renewal of the 2013 support agreement for the Granicus video streaming
service and the emergency NewTek Tricaster software and hardware purchase."
Council Action Form
November 26 ,2012
Page 3
Or,
"I move to postpone indefinitely Resolution No. 55-2012 a resolution amending the fiscal year
2012 general fund budget to reflect the approval of a supplemental budget appropriation in the
amount of$33 ,559.41 for the renewal ofthe 2013 support agreement for the Granicus video
streaming service and the emergency NewTek Tricaster software and hardware purchase
for the following reason(s) "
REPORT PREPARED BY:
Heather Geyer, Administrative Services Director/PIG
Michael Steinke, IT Manager
ATTACHMENTS:
1. Resolution No. 55-2012
2. Granicus Proposal
3. Peak Media Quote
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 55
Series of 2012
TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2012
GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A
SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT
OF $33,559.41 FOR THE RENEWAL OF THE 2013 SUPPORT
AGREEMENT FOR THE WRTVB GRANICUS VIDEO
STREAMING SERVICE AND THE EMERGENCY NEWTEK
TRICASTER SOFTWARE AND HARDWARE PURCHASE
WHEREAS, the City Council recognizes the Channel 8 video streaming and
broadcasting as an important communication tool in informing the community about City
programming and services; and
WHEREAS, the Newtek Tricaster Software and Hardware is essential for the
broadcast of City Council and Planning Commission meetings on Channel 8. This
equipment failed 10 days prior to the November 261h City Council meeting requiring
emergency replacement of the equipment; and
WHEREAS, the use of Public Education Government (PEG) Fees can only be
utilized for equipment, software and maintenance needed for operating Channel 8; and
WHEREAS, the Wheat Ridge Charter requires that amendments to the budget
be effected by the City Council adopting a Resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Wheat Ridge, Colorado, as follows:
A. The City Council authorizes the renewal of the Granicus support
agreement and the purchase of the emergency NewTek Tricaster software
and hardware
B. The City Council authorizes the transfer of $33,559.41 from the general
fund undesignated reserves to account number 01-111-700-755 and
amending the 2012 fiscal year budget and revenues accordingly.
DONE AND RESOLVED this 26th day of November 2012.
Jerry DiTullio , Mayor
ATTEST:
Janelle Shaver, City Clerk
Attachment 1
!': ..
Dt n ::r
3
CD :s ..
N
Pre po·-.J
------
Budgetary Impact
Your Granicus solution was based on Wheat Ridge's specific government transparency and public meeting efficiency needs. Our
pricing reflects our commitment to supply customers with the highest value and quality software and support. Wheat Ridge's
solution pricing is detailed below.
Current Wheat Ridge Monthly Managed Services
Proposed Suites Upgrade 2 $2,625.00
• Granicus Open Platform and Government Tra
2012-2013 Fiscal Year (Upfront plus 1 year of Managed Services
TOTAl $2,625.00 $100.00
• All suites require the Granicus Open Platform
• All suites (except Meeting Efficiency add-ons) Include hardware and software
• Sales tax may apply depending on your organization's tax status and the tax laws unique to your state, county and/or
~ u dtfl!'-<tLC-('; ~,)riJI~ &ttl )'1, ---------------~~~
municipality
This proposal expires on November 1, 2012
Quote#:
Date:
Quote Prepared For:
Company:
Phone#:
1J 1312-3Tf
November 13 , 2012
Mike Steinke
Chy of Whatridge
(303 ) 235-2824
PEAK MEDIA Email: msteinke@ci .wheatrtdge co .us
Quote Prepared ·By: Trevor Thring
303-778-1807
www.peakmediainc.com trevor@peakmediainc.com
Peak Media, Inc. Price Qu ote
Qty Model# Description
I 4S E00190-B 101 Newtek 450 Demo Unil & Control Surface
I 455 Upgrad e Ne wTe.k 450 to 455 upgrade
Notes: Includes lnstill•tlon -and I hour ovuvi~w training. s~~ emailed warranty lnrormation ror
specific warranty coverage.
Pt<~k Medin ~''CS the n Jill iO tejecl orchan,ge hny or all Quo tes due to Rue11111lo n in the mtnuflllllllrdl ptaeang
All eqwpmenl les .m: fl no l or $UbJCCl 10 a 20"/o re!lOCICIIIS rec.
• Applicable taxes will be added to the final invoice.
Unit Price
$17,194 .41
$0.00
Equipmebt
Labor!
Sales Tax:
Shipping:
Total:
Peak Media , Inc. 1393 So Inca St. Denver, CO 80213 ·Phone: (303) 778-1807 . Fax: (303) 778-7608
Attachment 3
Total Price
$17,194.41
$0.00
$17,194.41
$0.00
•TBD
$0.00
$17,194.41
Net 30
~ ~ ~
-_ , City of •
:rwheatRl.__dge
ITEMNO:k
DATE: November 26, 2012
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 26-2012 -AN ORDINANCE APPROVING
THE REZONING OF PROPERTY LOCATED AT 12600 W. 42N°
AVENUE FROM AGRICULTURAL-ONE (A-1) TO MIXED
USE-NEIGHBORHOOD (MU-N) (CASE NO. WZ-12-08/ROCK)
D PUBLIC HEARING
D BIDS/MOTIONS
0 RESOLUTIONS
QUASI-JUDICIAL:
ISSUE:
[8:1 ORDINANCES FOR 1ST READING (11/26/2012)
0 ORDINANCES FOR 2ND READING (1/14/2013)
[8:1 YES
City Manager
The applicant is requesting approval of a zone change from Agricultural-One (A-1) to Mixed Use-
Neighborhood (MU-N) for property located at 12600 W. 42"d Avenue.
The proposed rezoning area includes one parcel, the total size of which is approximately 1.1 acres.
Currently, the subject property is vacant, and the purpose of the zone change request is to provide
the owner with expanded options for development of the site.
The zone change is the first step in the process for approval of future development on this site. If
approved, and prior to any construction, an administrative site plan review will be required to
confirm that proposed development meets the standards of the mixed use zone district.
PRIOR ACTION:
Planning Commission heard the request at a public hearing on October 18, 2012 and
recommended denial. The staff report and meeting minutes from the Planning Commission public
hearing will be included with the ordinance for second reading.
Case No. WZ-12 -08/Rock
Council Action Form
November 26,2012
Page2
FINANCIAL IMPACT:
Fees in the amount of$1,175 were collected for the review and processing of Case No. WZ-12-08.
If the proposed rezoning is approved and results in development, there could be an advancement
of the City's goals for economic development and the creation of a diverse and resilient tax base.
BACKGROUN D :
The subject parcel is located at 12600 W. 42nd Avenue, at the southwest corner ofW. 42nd
Avenue and Xenon Street; it is south and east oflnterstate-70 and immediately north of the Clear
Creek Greenbelt.
Property History
The property is currently zoned Agricultural-One (A-1 ), which allows for single-family dwellings
and agricultural uses. The applicant purchased the property in 1998, but the site has remained
undeveloped since that time. In 2003 and in 2004, the applicant met with staff to discuss the
possibility of rezoning to a planned commercial development (PCD). The PCD zone change
proposal did not move forward; however the property was consolidated from two lots to one in
2005 in anticipation of future development (Case No. MS-05-02).
The resulting parcel is trapezoidal in shape, with the western property line being nearly twice the
length of the eastern property line. The Lee & Baugh Ditch previously traversed the lot but was
relocated and now runs along the southern and eastern property lines. Currently, the subject
property is undeveloped and is the only vacant parcel along this portion ofW. 42nd Avenue.
Surrounding Land Uses
The surrounding properties include a variety of commercial and residential land uses and zoning
designations. To the west is a single-family residential home, to the east is the Prospect
Recreation and Park District administration and maintenance facility , and to the south are Clear
Creek and the Wheat Ridge Greenbelt. All three are zoned A-1.
Across 42nd A venue to the north are properties zoned Neighborhood Commercial (NC) and
Restricted Commercial (RC). These include businesses such as Grainger Supply and Radio
Source, as well as the Jefferson County Head Start facility. The offices for Modern Log Homes
and a multitenant commercial building are located two lots to the west at the comer ofW. 42nd
Avenue and Youngfield; these are zoned NC and Commercial-One (C-1), respectively.
Current and Proposed Zoning
Under the current A-1 zoning, permitted uses include single family homes and some agricultural
functions. Under the proposed zoning, a single family home would still be a permitted use, but the
MU-N zoning expands development options to include live/work scenarios or neighborhood-
serving commercial uses. The applicant does not have any specific development plans but has
expressed a desire to see a live/work development and a site design that takes advantage of the
nearby Greenbelt and recreation opportunities.
Council Action Form
November 26, 2012
Page 3
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. 26-2012 an ordinance approving the rezoning of property
located at 12600 W. 42"d Avenue from Agricultural-One (A-1) to Mixed Use-Neighborhood
(MU-N) on first reading, order it published, public hearing set for Monday, January 14, 2013 at
7 p.m. in City Council Chambers, and that it take effect 15 days after final publication."
REPORT PREPARED/REVIEWED BY:
Lauren Mikulak, Planner I
Kenneth Johnstone, Community Development Director
ATTACHMENTS:
I. Council Bill No. 26-2012
CITY OF WHEAT RIDGE
INTRODUCED BY COUNCIL MEMBER-------
COUNCIL BILL NO. 26
ORDINANCE NO. ___ _
Series of 2012
TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY
LOCATED AT 12600 W. 42ND AVENUE FROM
AGRICULTURAL-ONE (A-1) TO MIXED USE-NEIGHBORHOOD
(MU-N) (CASE NO. WZ 12-08/ROCK)
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, Matthew Rock has submitted a land use application for approval of a
zone change to the Mixed Use-Neighborhood zone district for property located at
12600 W. 42nd Avenue; and,
WHEREAS, the subject property has long been underutilized, and development
may be more likely under the mixed use zoning which allows for a wider range of uses;
and,
WHEREAS, the proposed zone change is supported by the City's
Comprehensive Plan-Envision Wheat Ridge-and by the 1-70/Kipling Corridors Urban
Renewal Plan.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Upon application by Matthew Rock for approval of a zone change
ordinance from Agricultural-One (A-1) to Mixed Use-Neighborhood (MU-N) for
property located at 12600 W. 42nd Avenue, and pursuant to the findings made
based on testimony and evidence presented at a public hearing before the
Wheat Ridge City Council, a zone change is approved for the following described
land:
LOT 1, BLOCK 1, ROCK SUBDIVISION FILING NO. 1
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
ATTACHMENT 1
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 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 26th day of November, 2012, ordered it published with Public Hearing and
consideration on final passage set for Monday, January 14, 2013 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 , 2013.
SIGNED by the Mayor on this ___ day of ______ , 2013.
ATTEST:
Janelle Shaver, City Clerk
1st publication:
2nd publication:
Wheat Ridge Transcript:
Effective Date:
Jerry DiTullio, Mayor
Approved as to Form
Gerald Dahl, City Attorney
... \ 4 #
.. ~ r City of •
_JP"WheatRi_dge
ITEMNO: 3.
DATE: November 26 ,2012
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 27-2012 AN ORDINANCE
APPROVING THE REZONING OF PROPERTY LOCATED
AT 3775 BENTON STREET FROM PLANNED
RESIDENTIAL DEVELOPMENT (PRD) TO THE MIXED
USE-NEIGHBORHOOD (MU-N) ZONE DISTRICT (CASE
NO. WZ-12-09)
D PUBLIC HEARING
D BIDS/MOTIONS
0 RESOLUTIONS
ommunity Deve
j
ISSUE:
C8) ORDINANCES FOR 1ST READING (11/26/2012)
0 ORDINANCES FOR 2N° READING (01 /14/2013)
C8) YES D NO
ce~.~
The City's adopted plans, including Envision Wheat Ridge and the 381b Avenue Corridor
Plan, call for the redevelopment of 38 1h A venue with mixed use, pedestrian-friendly
development. The applicant requests approval of a zone change from Planned Residential
Development (PRD) to Mixed Use-Neighborhood (MU-N) for property located at 3775
Benton Street.
The zone change is the first step for approval of development of this site with mixed use
zoning. If approved, the applicant will be required to complete the site plan review
process to demonstrate compliance with the zoning requirements prior to any
construction.
PRIOR ACTION:
Planning Commission reviewed this request and recommended approval at a public
hearing held on November I , 2012. A motion was made for approval for the follow i ng
reasons:
WZ-12-09
Council Action Form
November 26,2012
Page2
1. The proposed zone change is consistent with the goals and objectives of the
Comprehensive Plan and the 38th Avenue Corridor Plan.
2. The proposed zone change is compatible with the surrounding area and provides a
reasonable transition between a commercial corridor and multi-family zoning to the
south.
3. The proposed zone change will not adversely impact the public health, safety, or welfare.
4. The subject property is currently underutilized. The zone change may increase the
likelihood of the site developing in a way that supports the City's goals for 38th Avenue
and that provides a transition between existing commercial and residential uses.
There were no recommended conditions of approval.
The Planning Commission staff report and meeting minutes will be provided with the Council
packet for second reading.
FINANCIAL IMPACT:
One-time fees for the zone change were submitted for the application in the amount of $1,050. If
the property is redeveloped, it would help to advance the City's goals for economic development
and attracting strong households .
BACKGROUND:
The property is located at 3775 Benton Street, one property south from the southwest comer of
38th A venue and Benton Street. The property is currently zoned Planned Residential
Development (PRD). The parcel is Lot 2 of the Cadence Subdivision. In 2006-2007, the property
was rezoned from C-1 to PRD through the Advance Auto Single-Family Outline Development
Plan to allow for development of a single-family home.
The parcel is rectangular in shape with an angled front property line along Benton Street. It is
approximately 50 feet wide. It is 125 feet long on the southern edge and 135 feet long on the
northern edge. The property is currently vacant and undeveloped. It is the only vacant parcel on
this block of Benton Street.
Most of the properties to the north, northeast, and northwest of the subject property were part of
the recent legislative rezoning to Mixed Use-Neighborhood (MU-N) for the 38th Avenue
corridor. The MU-N zoning was approved by City Council on October 22, 2012 but will not go
into effect until November 24 , 2012. The subject property was not included in the proposed
boundaries for the MU-N legislative zoning since staff used the criterion that properties zoned
PRD would not be included and staff was not aware at the time that the current owner wished to
be rezoned to MU-N. The current owner and applicant purchased the property in summer 2012
after the proposed boundaries for the MU-N corridor rezoning were drawn.
The applicant is requesting that the subject property be rezoned to Mixed Use-Neighborhood
(MU-N), a zone district intended for neighborhood commercial corridors and neighborhood
commercial centers. The zone district is established to encourage medium density mixed use
Council Action Form
November 26, 2012
Page 3
development in which a range of residential uses are permitted, in addition to a limited range of
neighborhood-serving commercial and retail uses.
The current PRD zoning only allows for single-family development. The applicant desires to be
rezoned to MU-N to allow more flexibility for development of the lot. The applicant does not
have a specific development plan but has expressed interest in constructing a new residential use
such as a duplex. The applicant would like to build upon the City plans for the revitalization of
38th A venue and develop a quality residential product that will attract new residents.
Guiding Documents
The community's comprehensive plan, Envision Wheat Ridge (2009), identifies 38 1h Avenue as a
priority redevelopment area and calls for small-scale, mixed-use infill along the corridor. The
38th Avenue Corridor Plan (2011) establishes the vision for a vibrant, mixed-use main street and
specifically encourages zoning that will support quality infill development.
Process
The application has been through a standard City and outside agency referral process. No
comments were received and any necessary upgrades to utilities will be required at the expense
of the developer at the time of redevelopment.
RECOMMENDED MOTION:
"I move to approve Council Bill No. 27-2012-an ordinance approving the rezoning of property
located at 3775 Benton Street from Planned Residential Development (PRD) to the Mixed Use-
Neighborhood (MU-N) zone district, on first reading, order it published, public hearing set for
Monday, January 14, 2013, at 7 p.m. in City Council Chambers and that it take effect 15 days
after publication."
REPORT PREPARED BY:
Sarah Showalter, Planner II
Kenneth Johnstone, Community Development Director
ATTACHMENTS:
1. Council Bill No. 27-2012
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER------
COUNCIL BILL NO. 27
ORDINANCE NO. ___ _
Series 2012
TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY
LOCATED AT 3775 BENTON STREET FROM PLANNED
RESIDENTIAL DEVELOPMENT (PRO) TO THE MIXED USE-
NEIGHBORHOOD (MU-N) ZONE DISTRICT (CASE NO. WZ-12-09)
WHEREAS, the City of Wheat Ridge would like to encourage mixed use zoning
and development; and
WHEREAS, the City of Wheat Ridge has adopted the 38th Avenue Corridor Plan,
which calls for the mixed use redevelopment of the 38th Avenue Corridor; and
WHEREAS, Dumindu and Seun Realty has submitted a zone change application
to Mixed Use-Neighborhood for property located at 3775 Benton Street; and
WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing
on November 1, 2012 and voted to recommend approval of rezoning the property to
Mixed Use-Neighborhood (MU-N).
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Upon application by Dumindu and Seun Realty, approval of a zone change
ordinance for property located at 3775 Benton Street from Planned Residential
Development (PRO) to Mixed Use-Neighborhood (MU-N), and pursuant to the findings
made based on testimony and evidence presented at a public hearing before the Wheat
Ridge City Council, the following zone change is approved for the following described
parcel:
LOT 2, CADENCE SUBDIVISION, CITY OF WHEAT RIDGE, COUNTY OF
JEFFERSON, STATE OF COLORADO.
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 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
Attachment 1
Ordinance bears a rational relation to the proper legislative objective sought to be
attained.
Section 4: Severability. If any clause, sentence, paragraph, or part of this Zoning
Code or the application thereof to any person or circumstances shall for any reason be
adjusted by a court of competent jurisdiction invalid, such judgment shall not effect
application to other persons or circumstances.
Section 5: Suppression Clause. If any provision, requirements or standard
established by this Ordinance is found to conflict with similar provisions, requirements or
standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in
existence as of the date of adoption of this Ordinance, the provisions, requirements and
standards here shall supersede and prevail.
Section 6: Effective Date. This Ordinance shall take effect 15 days after final
publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of_ to __
on this_ day of , 2012, ordered it published with public hearing and
consideration of final passage set for Monday, January 14, 2013 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 , 2013.
SIGNED by the Mayor on this ___ day of ________ , 2013.
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: ____________ _
~ ~ ~ ~
... 4 ..-City of •
JP"WlieatRL_dge
ITEM NO:
DATE: November 26,2012
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 28-2012 AN ORDINANCE
APPROVING THE VACATION OF SIDEWALK AND
STREETSCAPE EASEMENTS ADJACENT TO 5995 WEST
38TH AVENUE
D PUBLIC HEARING
D BIDS/MOTIONS
D RESOLUTIONS
[g) ORDINANCES FOR 1ST READING (11/26/2012)
0 ORDINANCES FOR 2N° READING (12110/2012)
Z?LL YES
Director of Public Works
ISSUE:
In conjunction with the redevelopment of property at 5995 West 38 1h Avenue, current right-of-
way easement areas are being dedicated to the City. Existing sidewalk and streetscape
easements are now redundant.
PRIOR ACTION:
Acceptance of street rights-of-way on November 26, 2012.
FINANCIAL IMPACT:
None
BACKGROUND:
The proposed redevelopment of 5995 West 38th Avenue to a new 7-Eleven store will require that
the streetscape along 38th Avenue and Harlan Street be modified to the current streetscape
standards. The property owner, 4.02006, LLC, is willing to dedicate the current areas utilized for
streetscape at this time. It is recommended that the existing sidewalk and streetscape easements
be vacated to minimiz e the legal encumbrances on the new right-of-way.
Council Action Form
November 26, 2012
Page2
RECOMMENDATIONS:
Staff recommends that the sidewalk and streetscape easements be vacated by the City.
RECOMMENDED MOTION:
"I move to approve Council Bill No. 28-2012 , an ordinance approving the vacation of sidewalk
and streetscape easements adjacent to 5995 West 38 1h Avenue, on first reading, order it
published , public hearing set for Monday, December 10 , 2012 at 7:00p.m. in the City Council
Chambers, and that it take effect upon adoption."
Or,
"I move to postpone indefinitely Council Bill No. 28-2012, an ordinance approving the vacation
of sidewalk and streetscape easements adjacent to 5995 West 38th Avenue, for the following
reason( s) "
REPORT PREPARED BY;
Tim Paranto, Director of Public Works
ATTACHMENTS:
1. Council Bill No. 28-2012
2. Exhibits A-C
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER-------
Council Bill No. 28
Ordinance No. ____ _
Series of 2012
TITLE: AN ORDINANCE APPROVING THE VACATION OF
SIDEWALK AND STREETSCAPE EASEMENTS ADJACENT
TO 5995 WEST 38TH AVENUE
WHEREAS, the City of Wheat Ridge ("City") possesses sidewalk and
streetscape easements along 38th Avenue and Harlan Street at 5995 West 38th Avenue,
more particularly described on Exhibit A, Exhibit B and Exhibit C attached hereto and
fully incorporated herein by this reference; and
WHEREAS, the City has accepted a Warranty Deed for street right-of-way along
38th Avenue and Harlan Street adjacent to 5995 West 38th Avenue; and
WHEREAS, the existing sidewalk and streetscape easements are now
redundant; and
WHEREAS, the City wishes to vacate the sidewalk and streetscape easements
at 5995 West 38th Avenue; and
WHEREAS, vacation of the easements will further the public health, safety and
welfare of the City; and
WHEREAS, Section 16.5 of the Home Rule Charter authorizes disposal of City-
owned real property by ordinance when approved by three-fourths of the entire City
Council; and
WHEREAS, Section 16.5 of the Charter does not require monetary consideration
in connection with such easement vacations.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Easement vacations approved. The City Council hereby
approves the vacation of the sidewalk and streetscape easements described on
the attached Exhibit A, Exhibit B and Exhibit C.
Section 2. 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.
Attachment 1
1
Section 3. Effective Date. This Ordinance shall take effect upon adoption, as
permitted by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of_ to_ on
this 26th day of November, 2012, ordered it published with Public Hearing and
consideration on final passage set for Monday, December 10, 2012, at 7:00 p.m., in
the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and it take
effect upon adoption.
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: __________ _
2
EXHIBIT A
PERMANENT STREETSCAPE EASEMENT VACATION
PARCEL DESCRIPTION
A PARCEL OF LAND AS DESCRIBED IN THE DOCUMENT RECORDED AT RECEPTION No.
F1332966 OF THE JEFFERSON COUNTY CLERK AND RECORDER'S OFFICE, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
A PORTION OF LOT 1, CARTER MINOR SUBDIVISION , RECORDED AT RECEPTION No. F0859511
OF SAID CLERK AND RECORDER 'S OFFICE , SITUATED IN THE SOUTHEAST% OF SECTION 24 ,
TO\NNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN , COUNTY OF
JEFFERSON , STATE OF COLORADO:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 24 ; THENCE
SOUTH 89°59 '57" EAST , ALONG THE SOUTH LINE OF SAID SOUTHEAST% OF SECTION 24 , A
DISTANCE OF 169.85 FEET; THENCE NORTH 00°00'03" EAST A DISTANCE OF 30.00 FEET TO THE
NORTHERLY RIGHT ..OF-WAY LINE OF WEST 38111 AVENUE AND THE MOST SOUTH, EAST
CORNER OF SAID LOT 1, SAID POINT BEING THE POINT OF BEGINNING;
THENCE ALONG THE SOUTHERLY AND WESTERLY LINES OF SAID LOT 1 THE FOLLOWING
THREE (3) COURSES:
1. NORTH 89°59 '57 " WEST, ALONG SAID NORTHERLY RIGHT ..OF-WAY LINE, A DISTANCE OF
125.00 FEET TO A POINT OF CURVE ;
2. CONTINUING ALONG SAID NORTHERLY RIGHT ..OF-WAY LINE , ALONG THE ARC OF SAID
CURVE TO THE RIGHT, HAVING RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 90°16'34 ",
AND AN ARC LENGTH OF 23.64 FEET (CHORD BEARS NORTH 45°08'23" WEST ,
21 .26 FEET) TO THE EASTERLY RIGHT ..OF-WAY LINE OF HARLAN STREET ;
3. THENCE NORTH 00°16'48 "WEST, ALONG SAID EASTERLY RIGHT-OF -WAY LINE , A
DISTANCE OF 26.00 FEET, FROM WHENCE THE CENTER OF SAID SECTION 24 BEARS
NORTH 00°57'00" WEST , 2566 .42 FEET;
THENCE SOUTH 89°59'57 " EAST A DISTANCE OF 13.89 FEET;
THENCE SOUTH 00°45 '59• EAST A DISTANCE OF 19 .00 FEET;
THENCE SOUTH 44°48'57 " EAST A DISTANCE OF 7.05 FEET;
THENCE SOUTH 89°59 '57 " EAST, PARALLEL WITH AND 17.00 FEET NORTHERLY OF, WHEN
MEASURED PERPENDICULAR TO , SAID SOUTH LINE OF LOT 1 AND SAID NORTHERLY
RIGHT-OF-WAY LINE, A DISTANCE OF 121.00 FEET TO THE EAST LINE OF SAID LOT 1;
THENCE SOUTH 00°16 '48 " EAST , ALONG SAID EAST LINE , A DISTANCE OF 17.00 FEET TO SAID
MOST SOUTH, EAST CORNER OF LOT 1 AND THE POINT OF BEGINNING.
CONTAINING 2680 SQUARE FEET (0.061 ACRES) MORE OR LESS .
10F 3
Attachment 2
EXHIBIT A
BASIS OF BEARINGS: BEARINGS ARE BASED ON THE SOUTH LINE OF THE SOUTHEAST Y. OF
SECTION 24 , TOWNSHIP 3 SOUTH , RANGE 69 WEST OF THE 6~t~ PRINCIPAL MERIDIAN AS
BEARING SOUTH 89°59'57" EAST. THE SOUTH 1/4 CORNER AND THE SOUTHEAST CORNER OF
SAID SECTION 24 ARE MONUMENTED BY A 3-1/4 " BRASS CAP IN RANGE BOX, STAMPED:
"LS 13212", WITH All BEARINGS RELATIVE HEREON.
ALAN H. BAILEY, PLS
COLORADO PROFESSIONAL LAND SURVEYOR No. 38035
FOR AND ON BEHALF OF:
BAILEY PROFESSIONAL SOLUTIONS, LLC
20F3
~
-I N ..... 00-.5-T.-OO'W
~ ~ ~ 2566.42'
0 ~~~ TO CENTER
:I
II
I
I
I
I ,, :I
I
I
I
I
II
II
EXHIBIT A
LOT 12 HAHN SUBDIVISION
LOT1
CARTER MINOR SUBDIVISION
RECORDED IN THE OFFICE OF THE
CLERK AND RECORDER OF JEFFERSON COUNTY
ON MAY 4, 1999 AT REC . NO . F0859511
LOT3
LOT2
I
tPROPOSED RIGHT-OF-WAY
! ;j; ~ s;c\24
uio::io ·~ ~ ~1~ a!~
~ lz ~
L~~··~ I z&.oo·
I
~ R:15.00'
11:90°16'34"
L::23.64'
ChB N45°08'23''W
ChL::21.26'
'
PERMANENT EASEMENT
(REC. No. F1332966)
S89"59'57"E (60" ROW)
169.8S
su . s 1/4 c24. -. c 4,
SOUTH 114 CORtER, SEC 24,135, T3S, RfliiW, 6TH PM 135, RI69'N, 6TH PM
R69W, 6TH PM S89"59'57"E 2648.06' FOliN) 3-1/4" BRASS C/IJ'
FOUN> 3-1/4" BRASS C/IJ' (BASIS OF BEARINGS) IN RANGE BOX,
IN RANGE BOX. STAMPED AS SHOWN STAMPED AS SHOII\.4Ij
THIS IS NOT A LAND SURVEY PLAT AND ONLY REPRESENTS THE ATIACHED PARCEL DESCRIP110N .
SCALE: 1"=30'
PROJECT: HF-12-07
DRAVIIING FILE: EASEMENT VACATIONS
DATE: NOV 2, 2012
DRAWN: RJE
CHECKED: AHB
b BAILEY
PROFESSIONAL
SOLUTIONS
BAILEY PROFESSIONAL SOLUTIONS, LLC
5737 SOUTH KENTON STREET ENGLEWOOD, CO 80111
303.587 .1672 BAILEYPROFESSIONALSOLUTlONS.COM
30F3
EXHIBIT 8
PERMANENT SIDEWALK EASEMENT VACATION
PARCEL DESCRIPTION
A PARCEL OF LAND AS DESCRIBED IN THE DOCUMENT RECORDED AT RECEPTION No.
91056581 OF THE JEFFERSON COUNTY C LERK AND RECORDER'S OFFICE, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
A PORTION OF LOT 1, CARTER MINOR SUBDIVISION , RECORDED AT RECEPTION No. F0859511
OF SAID CLERK AND RECORDER'S OFFICE, SITUATED IN THE SOUTHEAST Y. OF SECTION 24 ,
TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN , COUNTY OF
JEFFERSON, STATE OF COLORADO:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 24; THENCE
SOUTH 69.59'57" EAST, ALONG THE SOUTH LINE OF SAID SOUTHEAST Y. OF SECTION 24 , A
DISTANCE OF 169.65 FEET; THENCE NORTH oo•oo'03" EAST A DISTANCE OF 30.00 FEET TO THE
NORTHERLY RIGHT -OF-WAY LINE OF WEST 36th AVENUE AND THE MOST SOUTH, EAST
CORNER OF SAID LOT 1, SAID POINT BEING THE POINT OF BEGINNING;
THENCE ALONG THE SOUTHERLY AND WESTERLY LINES OF SAID LOT 1 THE FOLLOWING
THREE (3) COURSES:
1. NORTH 69.59'57" WEST, ALONG SAID NORTHERLY RIGHT-OF-WAY LINE , A DISTANCE OF
125.00 FEET TO A POINT OF CURVE ;
2. CONTINUING ALONG SAID NORTHERLY RIGHT -OF-WAY LINE, ALONG THE ARC OF SAID
CURVE TO THE RIGHT, HAVING RADIUS OF 15.00 FEET, A CENTRAL ANGLE OF 90.16'34",
AND AN ARC LENGTH OF 23.64 FEET (CHORD BEARS NORTH 45.08'23" WEST,
21 .26 FEET) TO THE EASTERLY RIGHT -OF-WAY LINE OF HARLAN STREET;
3. THENCE NORTH oo•16'46" WEST, ALONG SAID EASTERLY RIGHT -OF-WAY LINE , A
DISTANCE OF 7.08 FEET, FROM WHENCE THE CENTER OF SAID SECTION 24 BEARS
NORTH 00.56'42" WeST, 2585.34 FEET;
THENCE SOUTH 67.02'18" EAST A DISTANCE OF 38.65 FEET;
THENCE SOUTH 89°59'57" EAST, PARALLEL WITH AND 7.00 FEET NORTHERLY OF , WHEN
MEASURED PERPENDICULAR TO, SAID SOUTH LINE OF LOT 1 AND SAID NORTHERLY RIGHT-
OF-WAY LINE, A DISTANCE OF 104.49 FEET TO THE EAST LINE OF SAID LOT 1;
THENCE SOUTH 00.16'48" EAST, ALONG SAID EAST LINE, A DISTANCE OF 7.00 FEET TO SAID
MOST SOUTH, EAST CORNER OF LOT 1 AND THE POINT OF BEGINNING.
CONTAINING 1200 SQUARE FEET (0 .027 ACRES) MORE OR LESS.
lOF 3
EXHIBITS
B ASIS OF BEARINGS: BEARINGS ARE BASED ON THE SOUTH LINE OF THE SOUTHEAST %OF
SECTION 24, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6111 PRINCIPAL MERIDIAN AS
BEARING SOUTH 89°59'57" EAST. THE SOUTH 1/4 CORNER AND THE SOUTHEAST CORNER OF
SAID SECTION 24 ARE MONUMENTED BY A 3-1/4" BRASS CAP IN RANGE BOX, STAMPED:
"LS 13212", WITH ALL BEARINGS RELATIVE HEREON.
ALAN H. BAILEY, PLS
COLORADO PROFESSIONAL LAND SURVEYOR No. 38035
FOR AND ON BEHALF OF:
BAILEY PROFESSIONAL SOLUTIONS, LLC
20F3
jN00°16'4rW
I 7.08'
t
R:15.00'
A::90°16'34"
l:23.64'
ChB N45°08'23"W
Chl::21.26'
:I
II
I
I
I
EXHIBIT B
HAHN SUBDIVISION
LOT1
CARTER MINOR SUBDIVISION
RECORDED IN THE OFFICE OF THE
CLERK AND RECORDER OF JEFFERSON COUNTY
ON MAY 4, 1999AT REC . NO . F0859511
PERMANENT EASEMENT
(REC. No. 91056581)
W.38th Ave.
S89.59'57"E (60' ROW)
169.85'
LOT3
LOT2
SLINE, SE 1/4 C 24, SE , EC 2",
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FOI.JN> 3-1 14" BRASS CAP (BASIS OF BEARINGS) IN RANGE BOX ,
IN RANGE BOX , STAMPED P.s SHCN\otll STAMPED AS SHC'.M-1
THIS IS NOT A LAND SURVEY PLAT AND ONLY REPRESENTS THE ATTACHED PARCEL DESCRIPTION.
SCALE: 1 "=30'
PROJECT: HF-12-07
DRAWING FILE: EASEMENT VACATIONS
DATE : NOV2, 2012
DRAVVN : RJE
CHECKED: AHB
b p BAILEY
PROFESSIONAL
SOLUTIONS
BAILEY PROFESSIONAL SOLUTIONS , LLC
5737 SOUTH KENTON STREET ENGLEWOOD, CO 80111
303.587.1672 BAILEYPROFESSIONALSOLUTIONS .COM
30F3
EXHIBITC
PERMANENT SIDEWALK EASEMENT VACATION
PARCEL DESCRIPTION
A PARCEL OF LAND AS DESCRIBED IN THE DOCUMENT RECORDED AT RECEPTION No.
F1577001 OF THE JEFFERSON COUNTY CLERK AND RECORDER'S OFFICE, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
A PORTION OF LOT 1, CARTER MINOR SUBDIVISION, RECORDED AT RECEPTION No. F0859511
OF SAID CLERK AND RECORDER'S OFFICE, SITUATED IN THE SOUTHEAST X OF SECTION 24,
TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF
JEFFERSON, STATE OF COLORADO:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 24; THENCE
NORTH 00°16'48" WEST, ALONG THE WEST LINE OF SAID SOUTHEAST X OF SECTION 24, A
DISTANCE OF 212.32 FEET; THENCE NORTH 89°43'12" EAST A DISTANCE OF 30.00 FEET TO THE
EASTERLY RIGHT -OF-WAY LINE OF WEST 38111 AVENUE AND THE MOST NORTH, WEST CORNER
OF SAID LOT 1, SAID POINT BEING THE POINT OF BEGINNING;
THENCE SOUTH 89°59'57" EAST, ALONG THE NORTH LINE OF SAID LOT 1, A DISTANCE OF
2.67 FEET;
THENCE SOUTH 00°11'48" EAST A DISTANCE OF 115.16 FEET;
THENCE NORTH 89°45'03" EAST A DISTANCE OF 3.00 FEET;
THENCE SOUTH 00°11'50" WEST A DISTANCE OF 25.05 FEET;
THENCE SOUTH 89°45'03" WEST A DISTANCE OF 5.29 FEET TO THE WEST LINE OF SAID LOT 1
AND SAID EASTERLY RIGHT -OF-WAY LINE, FROM WHENCE THE CENTER OF SAID SECTION 24
BEARS NORTH 00°57'10" WEST, 2565.39 FEET;
THENCE NORTH 00°16'48" WEST, ALONG SAID WEST LINE AND SAID EASTERLY RIGHT -OF-WAY
UNE, A DISTANCE OF 140.22 FEET TO SAID MOST NORTH , WEST CORNER OF LOT 1 AND THE
POINT OF BEGINNING.
CONTAINING 433 SQUARE FEET (0.010 ACRES) MORE OR LESS.
10F3
EXHIBITC
BASIS OF BEARINGS: BEARINGS ARE BASED ON THE SOUTH LINE OF THE SOUTHEAST %OF
SECTION 24, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6th PRINCIPAL MERIDIAN AS
BEARING SOUTH 89°59'57" EAST. THE SOUTH 1/4 CORNER AND THE SOUTHEAST CORNER OF
SAID SECTION 24 ARE MONUMENTED BY A 3-1/4" BRASS CAP IN RANGE BOX, STAMPED:
"LS 13212", WITH ALL BEARINGS RELATIVE HEREON.
ALAN H . BAILEY, PLS
COLORADO PROFESSIONAL LAND SURVEYOR No. 38035
FOR AND ON BEHALF OF:
BAILEY PROFESSIONAL SOLUTIONS, LLC
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LOT 12 HAHN SUBDIVISION
AREA
433 sq.ft.i:
0.010ac.:l:
LOT 1
CARTER MINOR SUBDIVISION
RECORDED IN THE OFFICE OF THE
CLERK AND RECORDER OF JEFFERSON COUNTY
ON MAY 4, 1999 AT REC. NO. F0659511
PERMANENT SIDEWALK EASEMENT
(REC. No . F1577001)
soo•11'SO"W
25.05'
589°45'03"\V
5.29'
LOT3
~---------------------
POINT Of COMMENCEMENT
SOUTli 1/4 CORNER, SEC 24,
T3S, R69VV, 6TH PM
SE CORNER, SEC 24,
g T3S , R69W, 6TH PM
0 W • 38th Ave. FOUND 3-1/4" BRASS CAP FOUND 3-114" BRASS CAP
IN RANGE BOX, STAMPED
AS SHOWN
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STAMPED AS St-fO'M\I
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T3S, R69VV, 6TH PM
S89"59'57"E 2648.06'
(BASIS Of BEARINGS)
THIS IS NOT A LAND SURVEY PLAT AND ONLY REPRESENTS THE ATTACHED PARCEL DESCRIPTION.
SCALE : 1 "=30'
PROJECT: HF-12-07
DRAWING FILE : EASEMENT VACATIONS
DATE : NOV 2 , 2012
DRAVVN : RJE
b BAILEY
PROFESSIONAL
SOLUTIONS
BAILEY PROFESSIONAL SOLUTIONS, LLC
5737 SOUTH KENTON STREET ENGLEWOOD, CO 80111
LOT2
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3 OF3
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:P'WheatR.l__dge
ITEM NO:~
DATE: November 26 ,2012
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 53-2012 - A RESOLUTION ADOPTING
THE CITY BUDGET AND APPROPRIATING SUMS OF
MONEY TO THE V ARlO US FUNDS AND SPENDING
AGENCIES IN THE AMOUNTS SPECIFIED FOR THE CITY
OF WHEAT RIDGE, COLORADO FOR THE 2013 BUDGET
YEAR
0 PUBLIC HEARING
D BIDS /MOTIONS
~ RESOLUTIONS
D ORDINANCES FOR 1ST READING
0 ORDINANCES FOR 2ND READING
#$YES
Administrative Services Director
ISSUE:
Section 10.9 of the Wheat Ridge City Charter requires that the budget be adopted by resolution
on or before the final day (December 15, 2012) established by state statute for the certification of
the next year's tax levy to the county. The proposed 2013 budget includes the following:
• A balanced budget without using reserves
• $16 million in proposed expenditures directly linked to City Council strategic goals
• Proposed General Fund budget in the amount of$27,746,549
• Proposed Capital Investment Program (CIP) Fund in the amount of$13 ,092,000
• Proposed Special Revenue Funds in the amount of$4,896,755
• Proposed budget (all funds) in the amount of$45,735,304
PRIOR ACTION:
• July 23 , 2012 -first public meeting to provide opportunities for citizens to
comment on the budget
Council Action Form
November 26 , 2012
Page2
• August 13 , 2012 -second public meeting to provide opportunities for citizens to
comment on the budget
• September 21 , 2012 -proposed 2013 Budget distributed to City Council and made
available for public review
• October 1, 2012 -City Manager presented the proposed budget to City Council during a
Study Session
• October 22 ,2012 -as required by Section 10.7 of the Wheat Ridge City Charter a public
hearing was held to provide additional opportunities for citizens to comment on the
proposed budget prior to adoption of the budget
• The proposed budget was made available for review by the public at the following
locations:
Wheat Ridge City Hall
City Clerk's Office
7500 W. 29 1h Avenue
Wheat Ridge Library
5475 West 32nd Avenue
The 2013 Proposed Budget was also made available for purchase based on the City fee
schedule from the City Clerk's Office. The proposed budget and PowerPoint
presentation were available for review on the City Website at: www.ci .wheatridge .co.us .
FINANCIAL IMPACT:
A total budget of $45,735,304 is to be appropriated to the vanous funds m the attached
resolution.
BACKGROUND:
At the October 1, 2012 Budget Retreat, City Council provided staffwith consensus to bring the
proposed budget to public hearing and to add $10,000 to the Legislative Program budget (1 02)
for a contribution to the Feed the Future Backpack program. This program benefits school
children by providing them with nutritious food over the weekends during the school year. In
order to keep the budget balanced, staff decreased the Police Department Patrol budget by
$10,000. This change is reflected on pages 30 and 31 ofthe General Fund Expenditures
Summary in Attachment 2.
The 2013 Proposed Budget Message found on pages 1 -6 of the budget book are included
below:
Overall Summary
Wheat Ridge's total proposed General Fund operating budget for 2013 is $27,746,549, excluding
transfers. The City's total 2013 operating budget represents a 0.3% increase compared to the
adjusted 2012 Budget. The projected 2013 General Fund ending fund balance is $7,667,017 or
Council Action Form
November 26 ,2012
Page3
27% of expenditures. The total City Budget for 2013 , which includes the General Fund , CIP and
Special Revenue Funds is $45,735,304.
Sales tax , the City's largest revenue source, is projected to increase in 2012 by 2.4% compared to
2011 actual revenue, and decrease by 1.5% compared to 2012 projected revenue. Total General
Fund revenues for 2012 are projected to increase by 2.4% compared to 2011 actual revenue, and
decrease by .06% compared to 2012 projected revenue. Sales tax is expected to increase by 3.0%
in 2013 and total General Fund revenues should experience about a 2 .8% increase.
The estimated 2012 Budget ending fund balance is $8 ,627 ,017 or 30% of operating expenditures.
The proposed 2013 Budget ending fund balance is projected to decrease to $7,667 ,017 , or 27%
of operating expenditures , to allow for an $860 ,000 transfer to the CIP Budget and a $100,000
transfer to the Capital Equipment Replacement Fund. The fund balance will not be used to
balance the General Fund operating budget in 2013.
Wheat Ridge Goals 2017
The Mayor, City Council and staff work together annually to develop and update a strategic plan
including a vision , goals and action agenda. Staff used these goals as a guide to develop
strategies and priority projects for the 2013 Budget.
The Mayor and Council identified four key strategic prioritized goals for the next five years:
1. Financially Sound City Providing Quality Services
2. Economically Viable Activity Centers
3. Choice of Desirable Neighborhoods
4 . More Attractive Wheat Ridge
In addition , at the May 2012 retreat , the Mayor and City Council agreed to continue the
2011 /2 012 Action Agenda for another year as many of the agenda items are large multi -year
projects that require additional staff time or council direction to complete. The proposed 2013
Budget includes the following expenditures to address the 2017 Goals and the 2012/2013 Action
Agenda:
Goal 1: Financially Sound City Providing Quality Services
• Employee Compensation
o Implementation of new Compensation Plan $450 ,000 (610)
o Implementation of the new Performance Management Program (PMP) $28 ,500
(112 & 117)
• Service Priorities and Funding
o Priority Based Budgeting (Year 2) $15 ,000 (1 06)
• Paid Time Off(PTO) Cash-Out $50 ,000 (112)
• Fleet Replacement $385 ,000 -$2 million in fleet replacement needs are being deferred
for 2013 (303)
• Preventative street maintenance $1 ,600 ,000 (CIP)
Council Action Form
November 26,2012
Page4
• Lakewood Crime Lab services $68,900 (212)
• Transfer to Equipment Replacement Fund for future equipment replacement $100,000
(610)
• Employee safety and well ness programs $13 ,100 (112)
Goal 2: Economically Viable Activity Centers
• Clear Creek Crossing Development Agreement
o 32nd and Youngfield interchange improvements $5 ,517 ,000 (CIP) -Partially
Grant funded
• 38th Avenue Corridor Plan
o 38th A venue marketing plan implementation $120,000 (120 and I 05 to WR2020)
o 38th Avenue events $67,000 (105)
o 38th A venue street improvements $100,000 (CIP)
o 38th Avenue Corridor marketing map and directory $7,000 (105)
• Brownfields EPA Grant $350,000 (123)-Grantfunded
• Live Local Events $20,000 (1 05 to WR2020)
• Wheat Ridge Business District (WRBD) loan program $90,000 (105 to WRBD)
• Building up Business Loan Program (BUBL) $100,000 (105 to WR2020)
• Wadsworth Planning Environmental Linkage (PEL) project $1 ,200,000 (CIP)-Partially
Grant funded
• Urban renewal funding for Renewal Wheat Ridge (RWR) projects $400,0000 (1 05 to
RWR)
Goal3: Choice of Desirable Neighborhoods
• Aging Population Needs Assessment and Plan
o Aging needs assessment $3 ,000 (111)
• Block parties $2,500 ( 105 to WR2020)
• CDBG Energy Efficiency grant program administration $6,000 (105 to WR2020)
• Home Investment Loan Program (HIP) $50,000 (I 05 to WR2020)
• 29th A venue storm sewer improvements $850,000 (CIP)
• Installation of 39 new bus benches $250,000 (CIP) -Partially Grant funded
• District 2 neighborhood park $875 ,000 (CTF and OS)-Partially Grant funded
• Police Department community oriented neighborhood programs $17 ,655 (211)
• Police Department greenbelt patrol $17,280 (211)
Goal4: More Attractive Wheat Ridge
• Bus shelter and bench maintenance and cleaning $36 ,000 (303)
• 38th Avenue annual plantings $2 ,000 (604)
• Dumpster days $5 ,000 (I 05 to WR2020)
• East Wheat Ridge targeted maintenance and upgrades $20,000 (105 to WR2020)
• Kipling Street multi-u se path and lighting $2,835 ,000 (CIP)-Partially Grant funded
• Gateway signage program $100,000 (CIP)
• City Hall plaza improvements $200,000 (CIP)
• Parks maintenance projects $50,000 (CTF)
Council Action Form
November 26 , 2012
Page 5
• Large-item pickup program $5 ,000 (303)
• 50th Avenue median improvements $10 ,000 (604)
Additionally, the following budget expenditures , that are not directly related to any one of the
City Council goals but are worthy of noting, are also included in the proposed 2013 Budget:
• Zoppe Family Circus $105 ,376 (102)
• Outside Agency Requests $10 ,000 (102)
• ADA compliance consultants and upgrades and for new ADA regulations $42 ,300 (602
and 605)
• Carnation Festival cash contribution $12 ,500 and in-kind assistance $28 ,000 (1 02)
• City Council table sponsorships $3 ,000 (1 02)
PRIORITY BASED BUDGETING
The City has engaged the Center for Priority Based Budgeting to facilitate the transition from a
more traditional incremental budgeting process to a priority-driven budgeting process. The
Center's mission is to "lead communities to Fiscal Health and Wellness." Priority Based
Budgeting is another tool that will allow department staff and the City 's management team to
improve the programs and services provided by aligning resource allocation with the results the
City is working to achieve.
Although the Priority Based Budgeting process was not been fully ingrained into the 2013
Budget process , the goal is to continue developing this model for a more direct integration into
the 2014 budget process . However, the data collected during this year's process has provided
valuable information to enable staff and policy makers to look at the budget data through a
different lens.
One aspect of the Priority Based Priority process we did incorporate into the 2013 Budget
process was the focus on annual budget variances. Budget variances generally occur because
certain line-items must be budgeted based on projected use such as staffing, fuel , and utilities.
However, circumstances such as employee turnover, the weather or the economy dictate what
those true expenditures will be on an annual basis. We made approximately $300 ,000 in
reductions to those line-items where budget variances generally occur. However, if we
experience an unusually bad winter or fuel prices skyrocket, for example, mid-year supplemental
budget appropriations may be required.
REVENUES AND EXPENDITURES
The total 2013 Proposed Budget is $45 ,735 ,304. The Budget is based on projected revenues of
$40,486 ,276. In addition, the beginning fund balance for 2013 is projected at $14 ,822 ,762 which
brings the total available funds to $55 ,309 ,038. This will provide for a projected ending fund
balance of $9 ,573 ,734 which is a 3% decrease compared to the 2012 Budget. Detailed revenue
and expenditure tables are presented in the Revenue and Expenditure Summary section of this
Budget.
Council Action Form
November 26 , 2012
Page6
General Fund
General Fund revenue is projected at $27 ,746,549 which is a 2.8% increase compared to 2012
estimated revenues. In addition, the beginning fund balance for 2013 is projected at $8,627,017
which brings the total available funds for the General Fund to $36,373,566.
General fund expenditures total $27,746,549, excluding transfers. General Fund expenditures
represent a 0.3% increase compared to the adjusted 2012 Budget and a 3.1% increase compared
to the estimated 2012 Budget. This will provide for a projected ending fund balance of
$7,667,017 or 27% of expenditures which is an 11% decrease compared to the 2012 estimated
Budget.
Capital Investment Program Fund
CIP Fund revenue is projected at $9,637,000 ($860,000 transferred from the General Fund)
which is a 289% increase compared to the 2012 estimated revenue of $2,4 77,500. The CIP Fund
will receive a significant amount of grant revenue in 2013. In addition , the beginning fund
balance for 2013 is projected at $3,479,917 which brings the total available funds for the CIP
Fund to $13,116,917.
The proposed 2013 CIP includes the following major projects:
• $5.5 million for the 32nd and Youngfield interchange improvements -Partially Grant
funded
• $2.8 million for Kipling Street Pedestrian improvements-Partially Grant funded
• $1.2 million for Wadsworth Plannjng Environmental Linkage project -Partially Grant
funded
• $1.6 million for preventative street maintenance projects
• $850,000 for major drainage projects to address the drainage issues at 29th and Chase
Streets
• $340,000 City Hall Improvements -Courtyard and remodel of Police Crime Lab
• $250,000 for bus bench installation -Partially Grant funded
• $150,000 for Public Improvement Projects
• $100,000 for Revitalization Projects on 38th Avenue Corridor
• $1 00 ,000 for the Gateway Signage Program
• $150,000 Police Radio Repeater Site
CIP expenditures total $13,092,000 which is a 26% increase compared to the adjusted 2012
Budget and a 258% increase compared to the estimated 2012 Budget. This will provide for a
projected ending fund balance of $24,917.
Typically the CIP Budget is funded primarily with General Fund undesignated reserves. The City
Council adopted a General Fund reserve policy in 2011 setting the minimum reserve level at
17 %. In order to maintain this minimum reserve balance in the General Fund in 2013 and
beyond , the General Fund will no longer be able to fund the CIP Bud get after 2013 . To continue
funding CIP projects, City Council will need to consider substantial cuts in the City's operating
budget or new revenue sources.
Council Action Form
November 26, 2012
Page 7
Without additional funding, the proposed CIP Budget for 2014 to 2022 will be limited to the
following projects:
• $740,000 for Tabor Street improvements associated TOD site in 2015 (100% Grant
funded)
• $1 ,700,000 between 2016 and 2022 for preventative street maintenance
Open Space Fund
Open Space revenue is projected at $1,148,720 which is a 14% increase compared to the 2012
estimated revenue of$1,008,000. In addition, the beginning fund balance for 2013 is projected at
$473,558 which brings the total available funds for the Open Space Fund to $1,622,278.
Open Space projects for 2013 include parks and open space sign fabrication; open space
improvements; funding for the construction of a District II park; parks equipment storage
facility; Anderson Park master plan; City contribution towards the Jefferson County Open Space
River Corridor project; and improvements to Happiness Gardens. Funding is also appropriated
for five Parks employees. Open Space expenditures total $1,574,782 which is a 2.6% decrease
compared to the adjusted 2012 Budget and a 12% decrease compared to the estimated 2012
Budget. This will provide for a projected ending fund balance of $4 7 ,496.
The future Five-Year Open Space Budget proposes the continuation of miscellaneous open space
improvements, park maintenance projects, trail replacement and repair, a new soccer field, public
works and parks operations facility and funding for five Parks employees.
Conservation Trust Fund
Conservation Trust revenue is projected at $281,000, which is a 3.5% decrease compared to the
2012 estimated revenue of $291 ,100. In addition, the beginning fund balance for 2013 is
projected at $291 ,973 which brings the total available funds for the Conservation Trust Fund to
$572,973.
Conservation Trust projects for 2013 include Recreation Center maintenance projects; District II
park site development; park maintenance projects; resurfacing of tennis/basketball courts ; and
initial funding for the replacement of the Anderson Building. Conservation Trust expenditures
total $524,600, which is a 2.1% decrease compared to the adjusted 2012 Budget and a 72%
increase compared to the estimated 2012 Budget. This will provide for a projected ending fund
balance of$48,373.
The future Five-Year Conservation Trust Budget proposes to provide funds for Recreation
Center maintenance needs ; park maintenance projects; resurfacing of tennis/basketball courts ;
and Boyds Crossing and Prospect Park playgrounds.
Recreation Center Operations Fund
Recreation Center Operations revenue for 2013 is projected at $2,140,3 57, which is a 0.2%
increase compared to the 201 2 estimated revenue of $2 ,135 ,544. In addition , the beginning fund
Council Action Form
November 26, 2012
Page 8
balance for 2013 is projected at $1,379,639 which brings the total available funds for the
Recreation Center Operations Fund to $3,519,996.
Recreation Center expenditures total $2,395,076, which is a 2.4% decrease compared to the
adjusted 2012 Budget and a 4.1% increase compared to the estimated 2012 Budget. This will
provide for a projected ending fund balance of $1,124,920.
Miscellaneous Special Revenue Funds
Several other miscellaneous Special Revenue Funds are also included in this Budget to track
revenues and expenditures that are legally restricted for specific purposes or to simplify the
budgeting process. Those funds include Police Investigation, Municipal Court, Capital
Equipment Replacement, Crime Prevention, and Public Art Fund. Detailed revenue and
expenditure information for these funds can be found in the Special Revenue Funds and the Line
Item Accounts sections of the Budget.
Compensation, Benefits and Staffmg
Personnel-related expenses account for the largest portion of the City's Budget; therefore,
maintaining this investment is a high priority. Unfortunately, due to the economic recession , the
City's existing pay plan consisting of market adjustments and step increases has been deferred
for the past three years. In the current pay plan as approved by City Council , the City strives to
remain at the 70th percentile of the market for law enforcement (sworn) positions and 55th
percentile for all civilian positions.
In 2009 staff did not receive market adjustments and two mandatory furlough days were
instituted. In 2010 staff did not receive market adjustments or step increases. In 2011, staff
received a one-time stipend of approximately $700 in-lieu of market adjustments and step
increases. In 2012 civilian staff received a 3 percent increase with sworn officers receiving a
step adjustment of2 to 5.8 percent, depending on rank.
In 2012, staff conducted a compensation review process and a survey of the 2012 pay scales for
City positions was conducted. The survey indicated that for the City to maintain the 70th and
55th percentiles and to remain competitive, our compensation plans required upward adjustments
of, on average, 1.6% for civilian positions and 1.5% for police officer positions. However, I felt
it was prudent to forgo any mid-year adjustments to the compensation plan while we were in the
middle of an extensive compensation plan review and analysis.
To remain competitive and to retain and attract the best employees, it will be crucial to adopt a
new compensation plan that provides competitive pay and merit incentives as finances allow .
Staff is continuing development of a 2013 Compensation Plan that will be presented to Cow1cil
by the end of 2012. The new compensation plan will include pay-for-performance for certain
positions within the City. Staff has budgeted $450,000 in the 2013 Central Charges budget to
implement the new plan once approved by City Council.
Council Action Form
November 26 ,2012
Page 9
The City continues to provide a competitive benefit package to employees to include medical,
dental, life and disability benefits. Staff works closely with the City's benefit broker, IMA ,
throughout the year to ensure that the City is controlling benefit costs while providing a
competitive benefit package to its employees. Medical premiums will experience no increase for
2013 while dental premiums will increase 3%. Life and short-term disability premiums will also
remain constant; however long-term disability is quoted to increase 8% and the City has
experienced service issues with the carrier so we have asked IMA to obtain quotes for these
services from other carriers.
The City currently provides Kaiser Permanente for employee medical benefits. In 2013 the City
will be moving towards a consumer model of health care paired with a Health Savings Account
(HSA) in 2013. A High Deductible High Plan (HDHP) will be added to the plan as an option
along with the traditional HMO and Deductible HMO. The premiums for both the employee and
the City are lower for a HDHP but the out-of-pocket costs to the employee are higher. The goal
of the consumer driven HDHP is to encourage employees to manage costs through effective use
ofhealth care.
To incentivize employees to transition from the HMO with no deductible to a HDHP with a
$1,500 deductible, the City will provide one-time seed money in the amount of $1 ,000 for
employees in the family and employee + 1 plans, and $700 for employees in the single plan. The
seed money will be deposited into a HSA to be used for medical expenses not covered by the
insurance plan such as deductibles and coinsurance.
In addition, the City will also be providing incentives to encourage employees to participate in
the City's Wellness program to improve employee health and to reduce the risk of long-term
health issues that have a significant impact on the City's premiums . Although the City will not
realize significant premium reductions at the outset of the transition to a HDHP , the goal of this
Integrated Wellness and Health Plan strategy is to control and reduce employee benefit costs
over time.
The 2013 staffing level will remain the same at 226.015 PTE 's in all funds. Staffing levels
continue to remain well below the 233.755 PTE's authorized in 2002 before the budget reduction
program and elimination of positions in 2003 and 2004.
RECOMMENDATIONS:
Adopt the 2013 Budget as proposed.
RECOMMENDED MOTION:
"I move to approve Resolution No. 53-2012, a resolution adopting the City Budget and
appropriating sums of money to the various funds and spending agencies in the amounts
specified for the City of Wheat Ridge, Colorado for the 2013 Budget Year."
Or,
Council Action Form
November 26,2012
Page 10
"I move to postpone indefinitely Resolution No. 53-2012, a resolution adopting the City Budget
and appropriating sums of money to the various funds and spending agencies in the amounts
specified for the City of Wheat Ridge, Colorado for the 20 I 3 Budget Year for the following
reason( s) "
REPORT PREP AREDIREVIEWED BY:
Heather Geyer, Administrative Services Director
Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution No. 53-2012
2. Revised 2013 Proposed Revenues & Expenditures Summary
TITLE:
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 53
Series of 2012
A RESOLUTION ADOPTING THE CITY BUDGET AND
APPROPRIATING SUMS OF MONEY TO THE VARIOUS
FUNDS AND SPENDING AGENCIES FOR THE CITY OF
WHEAT RIDGE, COLORADO, FOR THE 2013 BUDGET
YEAR
WHEREAS, the City of Wheat Ridge annual budget for the fiscal year 2013 has
been established and public hearings and meetings have been held after duly published
public notices; and
WHEREAS, the budget provides for the combination of revenues and excess
fund balance reserves equal to or greater than the total proposed expenditures as set
forth in said budget in the total amount of $45,735,304 which includes the following
funds:
1. Fund 01 -General Fund $28,706,549
2. Fund 12 -Public Art Fund $0
3 . Fund 17 -Police Investigation Fund $30,000
4. Fund 30 -Capital Investment Fund $ 13,092,000
5. Fund 32 -Open Space Fund $ 1,574,782
6. Fund 33 -Municipal Court Fund $24,000
7. Fund 54 -Conservation Trust Fund $524,600
8. Fund 57 -Equipment Replacement Fund $0
9. Fund 63 -Crime Prevention Fund $348,297
10. Fund 64 -Recreation Center Operation Fund ~ 213951076
Total: $46,695,304
Less Transfers: ($ 9601000}
Total Expenditures: $45,735,304
Attachment 1
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Wheat Ridge, Colorado, that the City of Wheat Ridge Total Budget as stated in the
Resolution be hereby approved, adopted, and appropriated for the entire fiscal period
beginning January 1, 2013 and ending December 31, 2013.
DONE AND RESOLVED THIS ___ day of _____ , 2012.
Jerry DiTullio, Mayor
ATTEST:
Janelle Shaver, City Clerk
1t .. ·~ ~of
WlieatRJ8ge
Operating Funds
General
Fund Balance Percentage
Capital Funds
Capital Investment Program
Special Revenue Funds
Police Investigation
Open Space
Municipal Court
Conservation Trust
Equipment Replacement
Crime Prevention/Code
Public Art Fund
Recreation Center
Total Operating Funds
Total Capital Funds
Total Special Revenue
Funds
(Less Transfers)
2013 Proposed Budget
Budget Summary by Fund
Beginning
Balance
(1/1/13)
+ Revenues • Funds
Available
$8,627,017 + $27 ,746,549 = $36,373,566
Sl.t27,8tT
Fund
Expenses = Balance
(12131/13)
= $7,667 ,017
26.7%
$3,479 ,917 + $9,637 ,000 = $13 ,116 ,917 $13,092,000 =
$3,471,1'17 •
$42 ,276 +
$473 ,558 +
$33 ,078 +
$291,973 +
$270 ,069 +
$211 ,701 +
$13 ,534 +
$1 ,379,639 +
$25 =
$1 ,148,720 =
$30,550 =
$281 ,000 =
$101 ,000 =
$307 ,800 =
$53,275 =
$2 ,140 ,357 =
$42 ,301
$1 ,622 ,278
$63 ,628
$572 ,973
$371 ,069
$519,501
$66 ,809
$3 ,519 ,996
$8 ,627 ,017 + $27 ,746,549 = $36 ,373 ,566
$3,479,917 + $9,637 ,000 = $13 ,116 ,917
$2 ,715 ,828 + $4 ,062 ,727 =
+ ($960 ,000) =
25
Attachment 2
$6 ,778 ,555
($960 ,000)
$30,000 =
$1 ,574,782 =
$24 ,000 =
$524,600 =
$0 =
$348 ,297 =
$0 =
$2 ,395,076 =
$12 ,301
$47 ,496
$39 ,628
$48 ,373
$371 ,069
$171 ,204
$66 ,809
$1 ,124 ,920
$28 ,706 ,549 = $7 ,667 ,017
$13 ,092 ,000 = $24 ,917
$4 ,896,755 = $1 ,881 ,800
($960 ,000) =
Revenues & Expenditures Summary
Budget Summary by Fund
~~·#
~of
2013 Proposed Budget WheatRl_dge
General Fund Revenues
2011 2012 2012 2013
Actual Adjusted Estimated Proposed
SALES TAXES
Sales Tax $14 ,643 ,189 $15 ,225 ,130 $15 ,000,000 $15 ,450 ,000
Sales Tax Audit Revenue $152 ,250 $325 ,000 $225 ,000 $250 ,000
URA-Wheat Ridge Cyclery $47,429 $25 ,000 $52 ,000 $52 ,000
URA-Town Center $376 ,358 $210 ,000 $393 ,000 $400 ,000
URA-Walgreens iQ iQ iQ iQ
TOTAL SALES TAXES 15,219,226 $15,785,130 $15,670,000 $16,152,
OTHER TAXES
Real Property Tax $765 ,892 $775 ,000 $760 ,000 $765 ,000
Liquor Occupational Tax $49 ,200 $55 ,000 $55 ,000 $55 ,000
Auto Ownership Tax $49 ,542 $51 ,000 $53 ,000 $53 ,000
Xcel Franchise Tax $1 ,274,962 $1 ,200 ,000 $1 ,225 ,000 $1 ,250 ,000
Telephone Occupation Tax $329 ,265 $300 ,000 $325 ,000 $325 ,000
Lodgers Tax $471 ,257 $450 ,000 $453 ,000 $453 ,000
Admissions Amusement Tax ~45,842 ~45,000 ~43,000 ~43,000
TOTAL OTHER TAXES $2886,960 $2,876,000 $2,914,000 $2,9-M,
USE TAXES
Use Tax -Retail/Professional $945 ,747 $1 ,069 ,000 $1 ,000 ,000 $1 ,000 ,000
Use Tax -Building $561 ,566 $659 ,000 $675 ,000 $675 ,000
Use Tax -Auto ~1 ,006,334 ~1,019,000 ~1 ,200,000 ~1,200,000
TOTAL USE TAXES $2,513,647 $2,747,000 $2,875,000 $2,875
LICENSE
Amusement Machine License $6 ,720 $8 ,500 $8 ,500 $8 ,500
Arborist License $1 ,665 $1 ,700 $1 ,760 $1 ,800
Contractors License $110 ,845 $100 ,000 $90 ,000 $90 ,000
Liquor License Fee $12 ,502 $10 ,000 $10 ,000 $10 ,000
Building Permits $356 ,692 $450 ,000 $400 ,000 $400 ,000
Street Cut Permits $59 ,760 $80 ,000 $70 ,000 $70 ,000
Cable TV Permits $350 ,631 $345 ,000 $350 ,000 $350 ,000
Elevator Inspection Fees $26 ,040 $26 ,880 $25 ,000 $25 ,000
Pawn Shop License Fees $10 ,000 $10 ,000 $10 ,000 $10 ,000
Business License Fees ~72,878 ~77 ,584 ~72,261
TOTAL LICENSE $1,007,733 $1,109,664 $1,037,521
Revenues & Expenditures Summary 26
General Fund Revenues
"~ .. ,
~
~ ~tyof~ eat e
2011
Actual
INTERGOVERNMENTAL
Cigarette Tax $98 ,327
County Road and Bridge $309 ,225
Arvada Ridge Redevelopment $100 ,000
Highway Users Tax $995 ,811
Motor Vehicle Registration $107 ,509
Wheat Ridge Fire Radio $24 ,394
E911 Reimbursements $46,489
EPA Brownfields Grant $0
Adm . Serves . IT-SIPA $5 ,000
P&R -Xcel Tree Grant $4 ,000
Police-CATPAAuto Theft Grant $90 ,644
Pol ice -Seat Belt Safety Grant $6 ,588
Police - Drug Overtime Grant $18 ,130
Police -COPS Grant $100 ,301
Police -Bryne Grant $30,022
Police -Child Safety Grant $4 ,902
Police -Ballistic Vest Grant $6 ,291
Police -LEAP Energy Grant $67 ,170
Police -LEAF Grant $4 ,999
Scientific & Cultural Grant $2 ,205
Police-Metro Denver DUI $2 ,200
Police -Checkpoint Colorado $0
Police-HVI DE $0
CDBG Grant $84 ,798
Live Well Colorado Grant $12 ,250
JCHD Bicycle Count ~
2012
Adjusted
$100 ,000
$350 ,000
$100 ,000
$1 ,024 ,645
$100 ,000
$29 ,529
$40 ,000
$0
$0
$0
$51 ' 131
$2 ,500
$15 ,000
$128 ,137
$51 ,089
$0
$5 ,250
$0
$12 ,000
$2 ,100
$0
$7 ,000
$0
$0
$0
27
20 13 Proposed Budget
2012 2013
Estimated Proposed
$92 ,000 $90 ,000
$350 ,000 $300 ,000
$100 ,000 $100 ,000
$980 ,000 $988 ,346
$115 ,000 $115 ,000
$32,500 $34 ,000
$36 ,000 $35 ,000
$0 $350 ,000
$0 $0
$0 $0
$51 ,131 $51 ' 131
$2 ,500 $2 ,500
$15 ,000 $7 ,500
$128 ,137 $128 ,137
$45 ,885 $35 ,580
$0 $5 ,000
$5 ,500 $5 ,200
$62 ,880 $0
$5 ,000 $5 ,000
$2 ,400 $2 ,400
$0 $0
$7 ,000 $0
$10 ,460 $12 ,000
$12 ,892 $0
$0 $0
$2 .000 iQ
Revenues & Expenditures Summary
General Fund Revenues
2013 Proposed Budget
SERVICES
Zoning Applications
Planning Reimbursement Fees
Engineering Fees
Misc. Zoning Fees
Plan Review Fees
Pavilion/Park Rental Revenue
Athletics Revenue
Active Adult Center Revenue
Parks Historic Facilities
Gen . Prog . Revenue
Anderson Building Revenue
P&R Security Deposits
Outdoor Swimming Fees
Police Report Fees
Pawn Shop Ticket Fees
Sex Offender Registration
Police Drug Destruction Fees
Police Fees
Police Duty Reimbursement
TOTAL SERVICES
Revenues & Expenditures Summary
General Fund Revenues
2011
Actual
$92,840
$4,395
$9 ,118
$771
$157,070
$22 ,812
$132,473
$211 ,581
$0
$173,864
$13,343
$0
$171 ,696
$11 ,721
$24,386
$8,772
$740
$4 ,075
~~ .. ,
~of WlieatRt.._dge
2012 2012 2013
Adjusted Estimated Proposed
$40,200 $30,000 $37,400
$3,000 $4,000 $4,000
$6,500 $4,000 $4 ,000
$2,000 $1 ,000 $1 ,000
$135,000 $120 ,000 $120 ,000
$29,000 $28,000 $27 ,500
$142 ,945 $126 ,810 $144 ,650
$210,500 $204 ,210 $210,590
$25,000 $22,500 $24,000
$171 ,556 $175 ,000 $177 ,352
$14 ,000 $8 ,000 $10,000
$0 $0 $0
$160,000 $165,751 $165,751
$8,700 $11 ,800 $11 ,000
$22,000 $24 ,000 $22 ,000
$7 ,000 $7 ,200 $7 ,000
$400 $400 $400
$4,150 $4 ,700 $4 ,500
~25,000 ~25,000
,808,951 $982.871
28
FINES & FORFEITURES
Municipal Court Fines
Nu isance Violations Fees
Handicap Parking Fees
Traffic
General
Other
Parking
No Proof of Insurance
INTEREST
Interest Earnings
OTHER
Cable Peg Fees
Passport Processing Fee
Zoppe Family Circus
otal General Fund ------
Transfers In
Fund Balance Carryover
Total Funds Available
2011
Actual
$133 ,178
$66,517
$660
$530 ,544
$79,151
$23 ,251
$2 ,715
$163,408
$41,725
$6 ,150
$0
$26,315,766
$55,774
$11,084,074
$37,455,614
2012
Adjusted
29
$130 ,000
$68 ,000
$900
$495 ,000
$70 ,000
$15 ,000
$1 ,500
$150,000
$44 ,200
$6 ,000
$0
$26,915,131
$98,520
$10,631,489
$37,645,140
2013 Proposed Budget
2012
Estimated
$134 ,000
$52 ,000
$400
$486,000
$85 ,000
$16 ,000
$3,420
$150,000
$44 ,200
$6,000
$60,000
$26,899,197
$98,520
$10,631,479
$37,629,196
2013
Proposed
$135 ,000
$52 ,000
$800
$510 ,000
$85 ,000
$19 ,000
$4,000
$160,000
$44,200
$5 ,000
$60,000
$27,746,549
$0
$8,627,017
$36,373,566
Revenues & Expenditures Summary
'-' ~ ~ ,
~ w£:tyof ~ 20 13 Proposed Budget eat e
General Fund Expenditures
2011
Actual
Legislative
Legislative Services ~2!2~.496
I $283,498
City Manager's Office
City Manager $259,330
Economic Development ~6Q~. 14Q
otal 1,082,470
City Attorney
City Attorney ~284,298
I $214,288
City Clerk's Office
City Clerk ~155,907
otal $155,907
City Treasurer
City Treasurer ~~6 Q~9
I $38,059
Central Charges
Central Charges ~2,427,542
otal $2,427,542
Municipal Court
Municipal Court ~692,730
I $892,730
Revenues & Expenditures Summary 30
2012 2012 2013
Adjusted Estimated Prol!osed
~42Q.469 ~~12,202 ~415,717
$420,489 $412,202 $415,71
$253,552 $252,052 $252,672
~774,227 ~7!24,79!2 ~1 '1Q4,6~2
$1,027,779 $1,018,848 $1,357.
~258,000 ~258,000
$258,000 $258.000
~132,070 ~132,070
$132,070 $132,070
~3~,276 ~~4.776 ~~Q,778
$35,278 $34,778 $36,77
~2,666,700 ~2,483,220 ~2,961,660
$2.666.700 $2,483,220 $2,981,
P51,241 P42,556 ~754,542
751,241 $742,556 $754.
Revenues & Expenditures Summary
General Fund Expendi tures
. ~ '' ~of WheatRi.._dge
Administrative Services
Administration
Finance
Human Resources
Sales Tax
Purchasing and Contracting
Information Technology
Community Development
Administration
Planning
Building
Police
Administration
Grants
Community Services Team
Communications Center
Crime Prevention Team
Records Team
Training and Public Information
Patrol
Investigations Bureau
Crime & Traffic Team
Special Investigations
Emergency Operations
Revenues & Expenditures Summary
General Fund Expenditures
2011
Actual
$347 ,638
$225 ,133
$409 ,434
$218 ,324
$107 ,513
$189 ,894
$208 ,445
$287 ,370
$664 ,578
$301 ,875
$279 ,343
$703,206
$246 ,215
$259 ,076
$221 ,027
$3 ,863 ,326
$1 ,620 ,003
$345 ,005
$63
31
2012
Adjusted
$421,934
$238,328
$508 ,806
$233 ,051
$121 ,817
$217 ,812
$223 ,831
$370 ,335
$743 ,185
$333 ,490
$260 ,019
$771 ,577
$297 ,647
$271 ,758
$241 ,371
$3 ,907,771
$1 ,895 ,178
$363 ,901
$0
2013 Proposed Budget
2012
Estimated
$421 ,434
$238 ,328
$508,807
$225,327
$104 ,683
$194 ,985
$220 ,584
$316 ,927
$736 ,310
$314 ,665
$260 ,019
$765,822
$292 ,387
$271 ,758
$241 ,084
$3 ,905 ,671
$1 ,895 ,178
$349 ,261
$0
2013
Proposed
$385 ,960
$240 ,946
$532 ,805
$223,072
$103 ,187
$207 ,345
$224 ,416
$337 ,542
$721 ,346
$249 ,247
$241 ,613
$753,475
$298 ,269
$226 ,471
$263 ,200
$3,831 ,573
$1 ,842 ,550
$407 ,263
$0
Revenues & Expenditures Summary
2013 Proposed Budget
2011
Actual
Public Works
Administration $152 ,268
Engineering $963 ,338
Operations ~2,846 , 117
$3,961,723
Parks and Recreation
Administration $205 ,268
Recreation $188 ,019
Parks Maintenance $1 ,245 ,331
Forestry $286 ,812
Natural Resources $235 ,961
Anderson Building $65 ,798
Athletics $171 ,942
General Programs $228 ,070
Outdoor Pool $145 ,403
Act ive Adult Center $596 ,456
Historic Buildings $0
Facility Maintenance ~406,542
$3,775,802
Total Fund $24,558,123
Transfers 12,285,000
Total With Transfers $28,824,123
Revenues & Expenditures Summary 32
lit"'#
~ C1ly of
WheatR!._dge
2012 2012 2013
Adjusted Estimated Proposed
$156,848 $155 ,848 $157 ,966
$1 ,093 ,103 $1 ,092 ,896 $998 ,340
~3,281, 133 ~3,138,123 ~3. 105,285
$4,531,084 $4,386,867 $4,281,581
$232 ,270 $232 ,270 $227 ,848
$200 ,480 $197 ,579 $233 ,173
$1 ,364 ,381 $1 ,350 ,058 $1 ,350 ,983
$328 ,433 $327 ,328 $370 ,749
$269 ,351 $261 ,369 $284 ,695
$84 ,510 $70 ,386 $79,498
$229 ,423 $185 ,310 $189 ,091
$237 ,326 $234 ,982 $254 ,236
$257 ,814 $220 ,229 $252 ,006
$577 ,113 $516 ,107 $558 ,373
$69 ,151 $67 ,818 $62 ,855
~548, 116 ~544,114
$4,398,388 $4,207,550 $4,
$27,658,886 $26,902,243 $27,748
$2,100,000 $2.100,000
$29,758,888 $29,002,243 $28701
Revenues & Expenditures Summary
General Fund Expenditures
... ~ t ~
... _ "' City of
JP'"WheatRi_dge
ITEM NO :~
DATE: November 26 ,2012
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 54-2012 - A RESOLUTION LEVYING
GENERAL PROPERTY TAXES FOR THE YEAR 2012, TO
HELP DEFRAY THE COSTS OF GOVERNMENT FOR THE
CITY OF WHEAT RIDGE, COLORADO FOR THE 2013
BUDGET YEAR
D PUBLIC HEARING
D BIDS/MOTIONS
[gJ RESOLUTIONS
D ORDINANCES FOR 1ST READING
0 ORDINANCES FOR 2ND READING
QUASI-JUDIC L: D YES
Administrative S ~
ISSUE:
Levying property taxes for the 2012 fiscal year
PRIOR ACTION:
None
FINANCIAL IMPACT:
The City's mill levy will be set at 1.830, raising $742,532 in property tax revenue.
BACKGROUND:
Section 39-5-128 ofthe Colorado Revised Statutes (C.R.S.) requires the Jefferson County
Assessor to certify to the City the total valuation for assessment of all taxable property located
within the territorial limits of the City ofWheat Ridge. The total net assessed valuation for the
City for the year of2012 is $405 ,755 ,414 which is a decrease of$5 ,706 ,530 compared to the
year of2011 . The City is also required by this same section of the C.R.S. to officially certify the
property tax mill levy to the Jefferson County Board of County Commissioners by December 15 ,
2011. The City's property tax mill levy will remain at 1.830 mills for the 2013 budget,
potentially raising $742 ,532 in property tax revenue, a decrease of$10,443 compared to 2011 .
Council Action Form
November 26 ,2012
Page 2
Section 20 of Article X of the Constitution of Colorado , the Taxpayers Bill of Rights (TABOR),
restricts increases in property tax revenue to inflation plus local growth (defined as the
percentage change in actual value of real property from construction oftaxable real property
improvements). Wheat Ridge voters exempted the City from this TABOR revenue limitation at
the November 2006 election. However, TABOR still restricts the City from raising the property
tax mill levy without voter approval unless the mill levy was temporarily reduced in a previous
year.
RECOMMENDATIONS:
Set the mill levy at 1.830.
RECOMMENDED MOTION:
"I move to approve Resolution No. 54-2012 , a resolution levying a mill levy of 1.830 on general
property taxes for the year 2012, to help defray the costs of government for the City of Wheat
Ridge , Colorado for the 2013 budget year."
Or,
"I move to table indefinitely Resolution No. 54-2012 , a resolution levying a mill levy of 1.830
on general property taxes for the year 2012 , to help defray the costs of government for the City
of Wheat Ridge , Colorado for the 2013 budget year for the following reason(s) "
REPORT PREPARED/REVIEWED BY:
Heather Geyer, Administrative Services Director
Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution No . 54-2012
2. 2012 Certification ofValue from Jefferson County
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 54
Series of 2012
TITLE: A RESOLUTION LEVYING GENERAL PROPERTY TAXES
FOR THE YEAR OF 2012, TO HELP DEFRAY THE COSTS
OF GOVERNMENT FOR THE CITY OF WHEAT RIDGE,
COLORADO FOR THE 2013 BUDGET YEAR
WHEREAS, the City Council of the City of Wheat Ridge adopted the 2013 annual
budget on November 26, 2012 in accordance with the Local Government Budget Law,
and;
WHEREAS, the amount of money necessary to balance the budget for general
operating purposes from real property tax revenue is $742,532, and;
WHEREAS, the Local Government Budget Law requires certification of the
annual property tax mill levy by December 15, 2012, and;
WHEREAS, the total net assessed valuation of all taxable property subject to
taxation for the year of 2011 is $405,755,414 and;
WHEREAS, the City for the fiscal year 2012 has determined to levy 1.830 mills
on all taxable property within the City;
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE:
A. That for the purpose of meeting all general operating expenses of the City
of Wheat Ridge during the 2013 budget year, there is hereby levied a tax
of 1.830 mills placed upon each dollar of the total valuation of all taxable
property within the City of Wheat Ridge for the year 2012.
B. That the Mayor of the City of Wheat Ridge is hereby authorized and
directed to immediately certify to the County Commissioners of Jefferson
County, Colorado the mill levy for the City of Wheat Ridge as herein above
determined and set.
DONE AND RESOLVED THIS __ day of _____ , 2012 .
Jerry DiTullio, Mayor
ATTEST :
Janelle Shaver, City Clerk
Attachment 1
OFFICE OF COUNTY ASSESSOR
100 JEFFERSON COUNTY PARKWAY
GOLDEN , CO 80419-2500
JIM EVERSON
WHEAT RIDGE -3110
% CITY OF WHEAT RIDGE
7500 W 29TH AVE
WHEAT RIDGE, CO 80215
SUBJECT: 2012 Certification of Value
Assessor
August 23, 2012
The total ASSESSED valuation for your authority for the year 2012 is $ 405,937,617.
TIF District (Urban Renewal) Increment: $ 182,203
Current year net assessed valuation: $ 405,755,414
Last year your gross assessed value was: $ 407,709,984
New construction assessed value: $ 1,178,239
Increased production of producing Mine*: $ 0
Annexation/Inclusion assessed value: $ 0
Previously exempt federal property*: $ 0
Exclusion assessed value: $ 0
The law (39-10-114(B)C.R.S.1973, as amended) requires that we report to you the
amount of abatements and refunds granted during the past year. Pursuant to 29-1
-301, we are also reporting revenue received from property previously omitted
from the tax roll. These amounts, for the one year period preceding September 1,
2012, are as follows:
Abatements & Refunds:
Revenue from Omitted Property:
$
$
9,746
22
* Jurisdiction must submit a certification to the Division of Local Government
in order for the value to be counted as growth.
Attachment 2
http://assessor.jeffco.us
WHEAT RIDGE -3110
LOCAL GROWTH
Amendment 1 requires that you consider "local growth" in calculating your revenue
limitation. Pursuant to Division of Property Taxation Guidelines, the following
are the relevant ACTUAL value figures for your authority:
The actual value of all taxable real property plus the actual value of religious,
private schools, and charitable real property:
$ 3,175,242,152
The actual value of newly constructed taxable real property improvements:
$ 5,564,929
The actual value of real property annexed to or included in the authority:
$ 0
The actual value of real property that changed from exempt to taxable:
$ 991,860
The actual value of omitted real property:
$ 0
The actual value of new oil, gas, or mining production:
$ 0
The actual value of demolished taxable real property:
$ 5,388,025
The actual value of excluded real property:
$ 0
The actual value of real property that changed from taxable to exempt:
$ 262,170
Your local growth calculation within Jefferson County is:
.0003
~A~
... ~ 4 ~ City of •
J?'WheatRi._dge
ITEM NO:~
DATE: November 26 ,2012
REQUEST FOR CITY COUNCIL ACTION
~(j "
TITLE: MOTION TO RATIFY MAYORAL APPOINTMENT TO THE
HOUSING AUTHORITY
D PUBLIC HEARING
rgj BIDS/MOTIONS
0 RESOLUTIONS
QUASI-JUDICIAL:
Clerk
ISSUE:
D ORDINANCES FOR 1ST READING
0 ORDINANCES FOR 2N° READING
D YES
City Manager
The members of the Housing Authority are appointed by the Mayor and ratified by City Council.
Katie Vanderveen has served on the Housing Authority representing District II since 2009. Ms.
Vanderveen has moved out of the City of Wheat Ridge and therefore had to resign. The current
term that she vacated expires March 2, 2014.
One application was received for the vacant position. That applicant is Zachary Urban of District
II .
PRIOR ACTION:
None
FINANCIAL IMPACT:
None
BACKGROUND:
Members of the Housing Authority are appointed by the Mayor and ratified by City Council.
Council Action Form
November 26, 2012
Page2
RECOMMENDATIONS:
Due to Mr. Urban's background and experience in the housing market Mayor DiTullio is
recommending that he be appointed to the Housing Authority representing District II.
RECOMMENDED MOTION:
"I move to ratify the District II Mayoral appointment of Zachary Urban to the Housing
Authority, term to expire March 2, 2014."
Or
"I move to deny the appointment of Zachary Urban to the Housing Authority for the following
reason( s) "
REPORT PREPARED BY:
Bruce Roome, Deputy City Clerk
ATTACHMENTS:
I . Application
.. ~~
• ., City of
?WlieatR!_dge
Board and Commission Application
APPLICATION FOR APPOINTMENT TO THE:
Wheat Ridge Housing Authority
(Board/Commission/Committee)
DATE: 10/31/2012 DISTRICT: 2
HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE? 10
ARE YOU A REGISTERED VOTER? Yes
WHY ARE YOU SEEKING TillS APPOINTMENT?
I have dedicated my career to providing home ownership opportunities to Colorado residents . I have a deep desire to serve my fellow citizens of
the City of Wheat Ridge. I want to apply my professional set of housing/real estate related skills for the benefit of our fellow citizens. I have a vast
knowledge of all federal funding opportunities for housing, and all persons connected to housing related organ izations in Colorado
DO YOU HAVE EXPERIENCE IN TillS AREA?
I created the Colorado Foreclosure Hotline. I ran the operations for the Colorado Division of Real Estate. I have served as a board member for the
Colorado Board of Real Estate Appraisers. I am an executive committee member of the Colorado Foreclosure Prevention Task Force. I am
currently the President of the Colorado Housing Counseling Coalition . As the Director of Housing Counseling for the Adams County Housing
Authority I oversee the homeownership and foreclosure prevention programs for Adams County.
HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A
BOARD/COMMISSION/COMMITTEE AND IF SO, WIDCH ONE? HOW
LONG?
I have applied previously but have yet to serve the citizens of Wheat Ridge in this capacity .
ARE THERE ANY CONFLICTS WIDCH WOULD INTERFERE WITH
REGULAR ATTENDENCE OR DUTIES?
I have no conflicts of interest or other interference with serving on this board.
PRINT NAME
Zachary D. Urban
ADDRESS
4740 Reed Street
HOME PHONE no-252-5930 BUSINESS PHONE 303-227-2059
E-MAIL ADDRESS zachary.me l ind a .urban@gma il.com
II Checking here completes your application, constitutes your signature and
affirmation that the statements made are true.
APPLICATION WILL BE KEPT ON FJLE FOR ONE YEAR
City Clerk's Office, 7500 W. 29'b Ave., Wheat Ridge CO 80033
Attachment 1
~~A_,
.. ~ .-City of •
:rwheatRi_dge
ITEM NO:~
DATE: November 26 ,2012
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO ELECT THE MAYOR PRO TEMPORE
0 PUBLIC HEARING
rg) BIDS/MOTIONS
0 RESOLUTIONS
QUASI-JUDICIAL:
ty Clerk
ISSUE:
D ORDINANCES FOR 1ST READING
0 ORDINANCES FOR 2ND READING
D YES
At the first or second business meeting in November of each year, the Council shall nominate by
secret paper ballot, and elect by motion upon a majority vote, a Mayor Pro Tern who shall serve
until their successor is elected. The Council is encouraged to confirm the nomination
unanimously.
Each Council Member has been provided one Nomination Form in their agenda packets. These
forms are to be completed, one each, by Council Members, folded and handed to the City Clerk
during the hearing of this item. The City Clerk will announce the results of the secret nomination
of Council Members for Mayor Pro Tern.
PRIOR ACTION:
Council Member Stites currently serves as Mayor Pro Tern.
FINANCIAL IMPACT:
None
BACKGROUND:
Mayor Pro-Tern Authority and Duties
1. To preside over the meetings of Council in the absence of the Mayor
2. To function as the Council Parliamentarian and advise the Chair and Council Members
on Parliamentary Rules
3. To review and set the Agenda on Wednesday prior to Council Meetings
Council Action Form
November 26 , 2012
Page2
4 . To determine Emergency Items at Council Meetings
5. May pull any item off the Agenda with the exception of an item placed on the Agenda by
two (2) Council Members
6. To arrange for , and coordinate the orientation of aJl newly elected officials within two
months after the election.
RECOMMENDATIONS:
None
RECOMMENDED MOTION:
"I move to elect _____ as Mayor Pro Tern , effective immediately, tenn to expire upon
election of their successor."
REPORT PREPARED/REVIEWED BY:
Janelle Shaver, City Clerk
ATTACHMENTS:
I. Council Nomination Form
Below Space For Office Use Only
Council Nomination for Mayor Pro Tempore
Council Rules, CHAJRMAN, MAYOR P ROTEM AND THE IR DUTIES , Section 8 .(1): At the first or econd business meeting in
ovember of each year, the Council shall nominate by secret paper ballot, and elect by motion upon a majority vote, a Mayor Pro Tern who
shall erve until their succes or is elected. The Council is encouraged to confirm the nomination unanimously.
Name of Council Member to be Nominated
This Council Memb er nomination of candidate for Mayor
P ro Tempo re was ma d e and submitted to the City C lerk on
thi s 26th day ofNovember, 2012.
City Clerk: _________ _
Attachment 1
C it y of Wheat Ridge Fo nn Rev.: 0 6/09
... ~~#
... ~ r City of • ~Wheat:Ri_dge
ITEM NO:~
DATE: November 26 ,2012
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO AWARD CONTRACT TO ZOPPE CffiCUS,
INC. IN THE AMOUNT OF $70,000 AND SUCCESS
RESOURCES UNLIMITED IN THE AMOUNT OF $10,500
FOR PERFORMANCES AND COORDINATION OF
PERFORMANCES RESPECTIVELY AUGUST 16-25, 2013
D PUBLIC HEARING
I:8J BIDS/MOTIONS
D RESOLUTIONS
QUASI-JUDICIAL:
ISSUE:
D ORDINANCES FOR 1ST READING
0 ORDINANCES FOR 2ND READING
D YES
City Manager
Contract award to the Zoppe Family Circus, Inc. and Success Resources Unlimited for 17
performances , August 16-25 , 2013 , in conjunction with the Wheat Ridge Carnation Festival.
PRIOR ACTION:
City Council approved a Performance Agreement with Zoppe Family, Inc. and a Consulting
Agreement with Success Resources Unlimited for the 2012 season to provide for the production
ofthe Zoppe Italian Family Circus in August 2012. At the October 8, 2012 , Study Session,
Council reached a consensus to approve services for the 2013 season. Automatic renewal of the
contract for the 2014 season is based on revenue benchmarks for the event in 2013 .
FINANCIAL IMPACT:
The contract amount for Zoppe Circus, Inc. and Success Resources Unlimited are appropriated in
the 2013 budget in the amount of is $105 ,376. The City will receive all revenues from ticket
sales and sponsorships for the Zoppe Circus to offset a portion of this expense. Based on the
proposed budget, if revenues meet or exceed $73 ,650, the contract will renew automatically for
one additional year.
CAF -Zoppe Italian Family Circus
November 26 , 2012
Page2
The total projected revenues from circus performances, vendors and sponsorships are $73 ,650.
Total projected expenses are $105,61 0. The net difference in expenses and revenues is ($31 ,960)
Additional in-kind services will be provided by the City including staff labor and other
miscellaneous expenses.
Expenses:
Marketing/ Advertising/Misc.
Artist Services
Circus Tech Rider/Logistics
Sub Total
Event Coordination
Contract Labor
City of Wheat Ridge Overtime
Sub Total
TOTAL EXPENSES
Revenues:
Sponsorships/ Advertising/Sales
Ticket Sales
Total Revenue
Difference
BACKGROUND:
$ 9 ,885
70 ,000
8.000
$87,885
$10 ,500
4 ,225
3,000
$17,725
$105,610
$17 ,250
56,400
$73,650
($31,960)
The Zoppe Family Circus approached the City in 2011 about the possibility ofbringing the
Circus to the City of Wheat Ridge in the summer of2012. Discussions were held with the
Carnation Festival Board to determine if the Circus could be added to the Carnation Festival
activities as its signature event. The Board unanimously voted to support the event and to work
with the City to ensure its success.
The Zoppe Circus was founded in 1842 in Venice, Italy, by Napoleone Zoppe and his wife
Ermengilda. Napoleone 's great-grandson , Alberto Zoppe inherited the Circus almost 100 years
later. The Zoppe's offer an "unapologetically authentic, one-ring circus where you will sit on
wood-plank bleachers and enjoy the great traditions of circus ."
Based on the success of the circus in 2012 , City Council reached a consensus to approve the
return of the circus in 2013.
The Circus is scheduled to present 1 7 performances at Anderson Park starting on August 16 ,
2013 , and ending on August 25 ,2013 . Tickets will be sold for $15 each and coupons will be
distributed to discount this price to $10.
The City will be obligated to a budget of approximately $105 ,610 to pay for the perfonnances
and those expenses related to the operations of the Circus. The City will receive all ticket sales
and sponsorships to offset a portion of these expenses .
CAF -Zoppe Italian Family Circus
November 26 , 2012
Page3
RECOMMENDATIONS:
Staff recommends approval of the contract award to Zoppe Circus in the amount of $70,000 and
to Success Resources Unlimited in the amount of $10,500.
RECOMMENDED MOTION:
"I move to approve the contract award to Zoppe Circus, Inc. in the amount of $70,000 and to
Success Resources Unlimited in the amount of $1 0,500 for performances and coordination of
performances respectively August 16-25, 2013."
Or,
"I move to deny the contract award to Zoppe Circus, Inc. and Success Resources Unlimited for
the following reason(s) "
REPORT PREPARED AND REVIEWED BY:
Joyce Manwaring, Parks and Recreation Director
Patrick Goff, City Manager
ATTACHMENTS:
1. Zoppe Circus contract
2. Success Resources Unlimited contract
3. Event budget (contract exhibit)
Classics
Kerby Lovallo , Director
27 Snipsic Lake Road , Ellington CT 060293521
Telephone : (860) 8701583 Email : kl@newworldclassics .com
Performance Agreement
This Agreement, entered into as of November 26, 2012 between the City of Wheat Ridge, Colorado
1h
(Presenter),with offices at 7500 W. 29 Avenue, Wheat Ridge, CO 80033; who are contacted through the
Director of Parks & Recreation ; 303-231 -1308; by e-mail: jmanwaring@ci.wheatridge.co .us , together
referred to herein as the "Parties."
And
Zoppe Family, Inc. (Artist), represented by New World Classics (Agent) contacted through Kerby
Lovallo 860-870-1583 kt @ newworldclassics.com to provide the production ZOPPE, an Italian
Family Circus (Artist), contacted through Gina Hallisey, Success Resources Unlimited, Inc., dba Get
Connected Events, 303-726-6111 gina@getconnectedevents.com (Producer).under the following terms
and conditions:
1. Performance Schedule & Duration
AUGUST 2012 Wheat Ridge, CO Performance Run. Artist will present circus performances on the
following dates at Anderson Park, Wheat Ridge, Colorado (the "Park") unless otherwise indicated:
•!• All Performances in the Park shall be no less than ninety (90) minutes, exclusive of the
intermission , if any. School presentations and PR appearances shall be of a duration at
discretion of Artist. Exact dates and times of school performances to be determined.
th
•:• Wed, August 14th & Thurs, August 15 -Setup oftent on site (some company members may
arrive late on Tuesday)
th
(• Fri , August 16 -Public Performance at 7pm
•:• Sat, August 17th -Public Performances at 1 pm , 4pm and 7pm
1h
•:• Sun , August 18 -Public Performances at 1 pm & 4pm
•:• Mon or Tues, August 19th and 20th -PR appearances by Nino and/or others
(There must be one day completely free of activities for the circus and its members -a rest day)
•:• Wed, August 21 51
-School Performances at I Oam and I pm
•:• Thurs, August 22nd -School Performance at lOam , Public Performance at 7pm
•:• Fri, August 23rd -School Performance at lOam , Public Performance at 7pm
•:• Sat, August 24 th-Public Performances at 1 pm , 4pm & 7pm
•:• Sun , August 25 111 -Public Performances at I pm & 4pm
th •:• Teardown to be completed no later than Tuesday, August 27 .
•:• PERFORMANCE FACILITY: Anderson Park, at 4355 Field Street, Wheat Ridge, CO 80033 .
2. Fee
For the Artist's services, Presenter will pay a total fee of$70,000 (Seventy Thousand Dollars)
(the "Fee") according to this payment schedule:
1st DEPOSIT $24,000 (Twenty-four Thousand Dollars) PAYABLE TO: New World Classics_by Check
w ith returned signed A g reement, and
Attachment 1
2"" DEPOSIT $23,000 (Twenty-three Thousand Dollars) PAY ABLE TO: Zoppe Family, Inc. by Check
DUE: On arrival of artist at venue for setup (2 days prior to first perfonnance), and
BALANCE $23,000 (Twenty-three Thousand Dollars) PAYABLE TO: Zoppe Family, Inc.
(represented by Giovanni Zoppe) (CERTIFIED CHECK DRAWN ON A LOCAL BANK OR BY
WIRE TRANSFER) DUE: August 19,2013.
3. Taxes: This Agreement is for professional services; Artist is responsible for payment of all
Federal, State, City and County withholding and other taxes.
4. Renewal: This agreement shall automatically renew for one additional year under the same
conditions, (dates subject to change), WITH SUCH MODIFICATIONS AS MUTUALLY AGREED
UPON BY THE PARTIES, PROVIDED HOWEVER such renewal shall take place only if the
Presenter's net costs (total expenses minus total revenue) do not exceed $31 ,960. For purposes of this
Paragraph, "Presenter's net costs" shall mean the Presenter's total costs to sponsor the event, including
without limitation, the Artist Fee of $70,000 in Paragraph I , the cost of the Technical Requirements in
Paragraph 8 and all other direct or indirect costs of the Presenter in connection with its obligations under
this Agreement, minus the total revenue received by Presenter through ticket sales, advertisements and
sponsorships as described in Paragraph 5. By way of example only:
• if total costs to Presenter are $1 05 ,610 and revenue is $73 ,650, the net costs to Presenter equals
$31 ,960, and the Agreement would be automatically renewed for an additional year;
• iftotal costs to Presenter are $105,610 and total revenue is less than $73 ,650, the net costs to
Presenter are greater than $31 ,960 and the Agreement would not be automatically renewed for an
additional year, unless the Parties agreed to do so.
5. Ticket and Sponsorship Revenue: The Presenter shall be entitled to all revenue from ticket and
sponsorship sales. Furthennore, the Carnation Festival shall be entitled to all revenue from alcohol sales
within the circus tent during the public perfonnances if it is detennined by the festival committee to sell
alcohol at the event.
6. Force Majeure; Cancellation of A&reement: If Artist is unable to perfonn any engagement set
forth in Paragraph No. I above as a result of a strike, epidemic, Act of God, war, physical disability,
interruption or tennination of transportation, etc., all parties named above are relieved of their respective
obligations under this Agreement, and no named party may make a claim of damages of any kind,
including lost profits, against the other. Inclement weather does not relieve Presenter from its obligations
provided that Artist is ready and able to perfonn the engagement. If Presenter cancels the engagement for
any reason other than those described as acceptable in this paragraph, the Agreement remains payable in
full. If Artist or Agent cancels the Agreement for any reason prior to August 14 , 201 3 , Artist shall
promptly return the $24 ,000 First Deposit of the Fee to the Presenter this Agreement shall be deemed
void, the Presenter is relieved from all further obligations hereunder. If the Arti st or Agent cancels the
Agreement at any time on or after August 14 , 2013 , Artist shall retain the $24,000 first Deposit and the
Presenter shall pay to Artist a pro-rated amount of the remainder of the Fee ($46 ,000) in proportion to the
number of perfonnances which were presented under Paragraph I before the Agreement was cancelled.
For example purposes only, if Artist cancels the Agreement after 10% ofthe perfonnances have been
perfonned, Presenter shall pay Arti st $4,600 and the Parties shall be relieved from further obligations
under the Agreement.
7. Insurance & Indemnification: Artist shall maintain general liability, motor vehicle liability, and
workers compensation in s urance for the duration of the perfonnance schedule described in Paragraph
No.I , in amounts s ufficient to adequately cover Arti st 's employees, property and activities contemplated
hereunder. Such insurance shall be primary, and a certificate thereof shall be provided to Presenter on or
before July I , 2013 , which certificate shall name Presenter as an additional named insured. Within the
limitations of the Colorado Constitution and Revised Statutes, the Parties agree to indemnify and hold
each other harmless from and against any claims or causes of action for damages or injury to persons or
property, including attorney fees and court costs, arising out of each Parties ' actions hereunder, it being
the intention of the Parties that each shall be responsible for their own negligent acts. Presenter does not
hereby waive the protections and limitations of the Colorado Governmental Immunity Act·CRS
24-10-101 , et seq.
8. Technical Requirements: The Technical Requirements Rider, which is attached is a part of this
Agreement. Presenter is to fund and provide, either directly, or through the services of Producer, all of the
requirements listed in the Technical Rider.
9 ... Broadcast and Recording: Presenter agrees that no performance will be recorded, broadcast,
televised, videotaped, photographed, filmed or otherwise extended beyond the tent without the prior
written consent of Artist or Agent.
10. Agent's Authority: The Agent who is executing this Agreement on behalf of Artist represents that
he/she has the full power and authority to bind Artist on whose behalf he/she is executing this Agreement
and acknowledges that he/she is making this representation with the understanding that Presenter is
relying thereon. Artist, by its execution below, confirms Agent's authority as described herein.
11. Entire Agreement; Effective Date; Governing Law: This Agreement sets forth the full and
complete understanding of the Presenter and the Agent (and thereby, the Artist) and cannot be amended
except by a written document signed by the Presenter and the Agent. Notwithstanding any provision
herein to the contrary, this Agreement shall not become effective unless and until a consulting agreement
is entered into between Presenter and Producer, providing for the obligations of Producer in facilitating
the presentation of the performance schedule. All claims, disputes or other matters of issue arising out of
or relating to thi s Agreement will be first submitted to mediation in accordance with the rules of a neutral
mediation service, selected through agreement of all parties. If mediation does not resolve the claim or
dispute, the Parties may submit the same to binding arbitration , if they mutually agree to do so, or may
seek recourse through the courts. Jurisdiction and venue for any action concerning thi s Agreement shall
be proper and exclusive in the district Court for Jefferson County, Colorado. Thi s Agreement shall be
governed by the laws of the State of Colorado.
12. Fuel Surcha e: If the national average price of diesel fuel reaches $5.00 @ g allon or higher, by one
week prior to the first performance listed above, then the Presenter will pay to the Artist a fuel surcharge
of $1 ,000 by check, to be delivered to the Artist prior to the last performance.
13 . Compliance with Laws: The Presenter, as a political subdivision of the State of Colorado, is subject
to Article X Section 20 of the Colorado Constitution. All oblig ations herein extending beyond calendar
year 20 13 are s ubject to annual appropriation by the Wheat Ridge City Council. This Agreement is
s ubject to Section 2-3 ofthe Wheat Ridg e Code of Laws (no contract to exceed appropriations; calendar
year is fiscal year). The Parties agree to comply with all applicable state and federal laws, including those
concerning immigration, Americans with Disabilities, and no contracting with illegal aliens in the
performance of public contracts for services.
T hi s Ag reement is execute d as of th e date fi rst above written.
Presenter: City of Wheat Ridge, Colorado
By: ________________ Title:. ___________ _
Date:---------------
Attest:----------' Janelle Shaver, City Clerk
Approved as to Form by the City Attorney:----------------
Agent: New World Classics
By: _______________ Title: ___________ _
Date:---------------
Artist: Zoppe Family, Inc.
By: ___________________ __ Title: -----------------
Date: ___________ _
ZOPPE CIRCUS TECHNICAL REQUIREMENTS RIDER
Revised January 20 12
The Presenter or Producer, as set forth in association with each Paragraph and Subparagraph below, are to
provide the following as part of the November 26,2012 Perfonnance Agreement. It is the intention of the
Parties that the Presenter is responsible for all costs associated with complying with this Technical
Requirements Rider, whether those requirements are supplied directly by Presenter or through the
Producer as Presenter's agent for that purpose.
1) FREE PARKING FOR RECREATIONAL VEHICLES (obligation of Presenter(
Our artists travel and live in recreational vehicles while on tour. Therefore, there
must be a reserved space near the perfonnance area for up to five (5) R.V.'s upon
arrival. The following is required:
A) Electricity in R. V. Area (obligation of Producer]
Six (6) Electrical Edison outlets with 20 amp breakers in each outlet in the R.V. parking location.
Ifnonanimal R.V.'s are not able to park next to the tent area, additional power and lights will be
required in that area. Hard wired electricity is not available at this location; gas or diesel
generators are pennitted and will be provided by Agent.
B) Water (obligation of Presenter)
Water faucet connection for garden hose near R.V. parking. If system uses a key, Artist is to be
given the key upon arrivaL Artist will return key to Presenter prior to vacating the premises.
Standard hose coupling is acceptable.
C) Animal Parking (obligation of Presenter]
Animal vehicles should be pennitted to park on asphalt by the circus tent. lfR.V. trailer parking
is located in an area other than by the circus tent, additional electric and water is required.
Dumpster should be placed close to the animal parking in the location Artist designates upon
arrival of the Company, provided that dumpster must be located on asphalt are due to the weight
of the delivery truck and the method the truck uses to load and unload the dumpster.
2) EMERGENCY INFORMATION (obligation ofProducer)
The Producer should give Artist a list containing the names and phone numbers of local veterinarians,
blacksmiths (for horseshoes) and hospitals to be used in case of emergency. Directions from the
perfonnance area to the hospital should also be provided upon Artist's arrival.
3) ANIMAL REQUIREMENTS
The following supplies are required:
A) Two (2) bales of regular grass hay per perfonnance
day.(obligation of Producer]
B) Fifteen ( 15) bags of kiln-dried wood shavings at time of set-up, with two (2)
additional bags per perfonnance day.(obligation of Producer(
C) If site is not grass, Presenter to provide one load of dirt (approx. 8 cubic yards)
(baseball diamond dirt is best), and additional bags of shavings may be needed.
Horses may not be kept on any grass fields or open space areas at the Park without
prior approval of the Parks and Recreation Director. Producer, in consultation with
Artist, may detennine to house horses in another non-grass area at the Park.
(obligation of Producer]
D) One (I ) eight yard dumpster for animal waste should be placed close to animal parking in
the location ARTIST designates upon arrival of the Company. This will also be used for
disposal of trash from the performances and performers. If local codes require trash and
animal waste to remain separate, then two (2) dumpsters are required. All dumpsters must
be located on asphalt areas. (obligation of Presenter!
4) PERFORMANCE REQUIREMENTS
A) Performance Space. A space measuring approximately 172 ' diameter circle ( 150 '
diameter is the minimum), is required for the setup of the tent. Additional space is required
for the living quarters for the performers and their animals . This space should be free and
clear of all obstacles, and it is preferable that the space is a grass lot. Presenter should make
Artist aware of any underground obstacles (such as water pipes, electrical or gas lines) prior
to the setup of the tent. Presenter is responsible for obtaining all licenses and permits as may
be required. (obligation of Presenter(
B) Power. 220 single-phase 200 amp electrical service is required for use by the Artist for
the lighting, sound, and electricity for the circus tent and for the performer's living quarters.
Hard wired electricity is not available at this location ; gas or diesel generators are permitted .
(obligation of Producer]
5) MISCELLANEOUS (obligation of Producer!
A) Setup Assistance. A minimum of8 able-bodied persons to help with the setup and take
down of the tent, in the form of volunteers obtained by Producer. Time of setup and take
down will be determined by the Artist. Setup is approx. 10 hours, Strike is approx. 6 hours ;
bleacher assembly is approx. 6 hours .
B) Accommodations . Up to three (3) motel rooms may be required to be supplied by the
Producer. Producer will be notified no later than one ( 1) month prior to performance date as
to whether these rooms are in fact needed.
C) Ushers, Ticket takers, Concessions. The Artist shall provide ushers. The Producer can
also provide ushers. The Producer provides ticket takers and people to sell tickets at the
door. Artist may sell concessions and souvenirs related to the Zoppe' Family Circus only.
CONSULTING AGREEMENT
This Agreement is made effective as of November 26 , 2012 , by and between , the City of
Wheat Ridge , CO of 7500 West 29111 Avenue , Wheat Ridge , CO 80033 and Success
Resources Unlimited , Inc . dba Get Connected Events , of P.O. Box 1132 , Arvada,
Colorado 80001 .
In this Agreement, the party who is contracting to receive services shall be referred to as
''Wheat Ridge", and the party who will be providing the services shall be referred to as
"Gina Hallisey" or the "Producer". Together, Wheat Ridge and Gina Hallisey are referred
to as the "Parties ."
Whereas , Gina Hallisey has a background in Event Planning and Management and is
willing to provide services to Wheat Ridge based on this background , and
Whereas , Wheat Ridge desires to contract for the services to be provided by Gina
Hallisey as described herein
Now , therefore , the Parties agree as follows :
1. DESCRIPTION OF SERVICES. Beginning on November 26 , 2012 Gina Hallisey will
provide the following services (collectively , the "Services"): Duties of Event Planner and
Coordinator (Producer) for the Zoppe ' Family Circus Event to take place August 16-25,
2013 as the main attraction of the Wheat Ridge Carnation Festival. Gina Hallisey will
work with the Carnation Festival Committee providing consulting and event expertise to
ensure an effective process of incorporating the Zoppe ' Circus attraction into the current
Carnation Festival event. Without limiting the generality of the foregoing , Gina Hallisey
will provide the following specific Services :
a . All obligations of "Producer" in that certain Performance Agreement dated
November 26 , 2012 between Wheat Ridge as "Presenter" and Zoppe Family , Inc .
"Artist", through New World Classics, as "Agent", including the Technical
Requirements Rider thereto (hereinafter, the "November 26 , 2012 Circus
Agreement"). A copy of the Technical Requirements Rider is attached hereto as
Exhibit A and is fully incorporated herein by this reference .
b. All liaison and communication requested or required between and among the
Carnation Festival Committee , Zoppe ' Family, Inc. and Wheat Ridge .
c . Coordination of all volunteers , to the extent recruited by the Carnation Festival ,
and engaging contract labor, all as necessary to fulfill the requirements for onsite
personnel to facilitate the Zoppe' Family Circus attraction, and as required by the
Technical Requirements Rider.
d . Contact neighboring attractions within Anderson Park to coordinate with them
and to ensure no conflicts with their separate uses and activities .
e . Advertise and promote the Zoppe ' Family Circus Event through all available
methods , including without limitation production and distribution of coupons , use
of software programs to distribute the same over the Internet and to sell tickets ,
and use of advertising and promotion techniques generally.
f. Contact, solicit and engage sponsors for the Event.
g . Other duties as assigned by Joyce Manwaring , Parks and Recreation Director, to
accomplish the Services .
Attachment 2
2. PERFORMANCE OF SERVICES; SUPERVISION. The manner in which the
Services are to be performed and the specific hours to be worked by Gina Hallisey shall
be determined by Gina Hallisey. Wheat Ridge will rely on Gina Hallisey to work as many
hours as may be reasonably necessary to fulfill Gina Hallisey's obligations under this
Agreement. Gina Hallisey will perform the Services in coordination with Joyce
Manwaring , Parks and Recreation Director.
3. PAYMENT. Wheat Ridge will pay a fee to Gina Hallisey for the Services in the
amount of $10,500.00 (the "Fee"). The Fee shall be payable in a deposit of $1,500
upon signing of This Agreement with the remainder to be paid in monthly payments of
$1 ,000.00 for nine (9) months beginning on January 1, 2013 and ending with the last
payment on September 1, 2013. Gina Hallisey shall submit monthly invoices for
payment, which shall detail the particular services rendered during the previous month ,
as well as out-of-pocket expenses incurred .
4. EXPENSE REIMBURSEMENT. Gina Hallisey shall be entitled to reimbursement
from Wheat Ridge for all "out-of-pocket" expenses related specifically to the presentation
of the Zoppe' Circus event in Wheat Ridge , CO , and which expenses are not otherwise
budgeted in the budget exhibit attached hereto as Exhibit B , and fully incorporated
herein by this reference . Wheat Ridge shall fund all expenses detailed in the Event
Budget by check and/or purchase order, in the manner customarily employed by Wheat
Ridge for expenses of this nature. Individual expenses over $50 , whether out-of-pocket
or budgeted , shall be approved by Wheat Ridge prior to purchase via a purchase order
or other document and/or process as chosen by Wheat Ridge . The total of out-of-pocket
expenses incurred during the term of this Agreement shall not exceed $500 unless prior
approval is obtained in writing from Wheat Ridge .
5. SUPPORT SERVICES. Wheat Ridge will provide the following support services for
the benefrt of Gina Hallisey: office space for sponsor meetings , and any other support
services as determined necessary by both Parties for the presentation of the Zoppe '
Circus event.
6. ADDITIONAL EVENT LABOR. Gina Hallisey and Wheat Ridge recognize that if the
Carnation Festival cannot provide enough volunteers , Gina Hallisey's Services will
include the procurement of contract event labor for the on-site portion of the Zoppe'
Circus event being planned for Wheat Ridge and payment for such contract labor will be
the responsibility of the City of Wheat Ridge . Gina Hallisey shall obtain the approval of
Wheat Ridge prior to the hiring of contract laborers. In no event shall the contract
laborers be employees of Wheat Ridge , it being the intention of the Parties that any such
laborers shall be employees of a service or other company hired by Gina Hallisey to
perform the work. Gina Hallisey shall arrange for such company or service to invoice
Wheat Ridge and Wheat Ridge will pay that invoice or invoices directly unless both
Parties agree to another process in the handling of contract labor.
7. TERM/TERMINATION. This Agreement shall commence on November 26, 2012 and
terminate automatically on September 1, 2013 upon the final payment to Gina Hallisey
unless both Parties agree to extend the term in writing prior to that date . Should the
November 26 , 2012 Zoppe ' Circus Agreement meet the 2013 budget requirements and
be automatically renewed for 2014, this Consulting Agreement shall also be renewed for
2014 under these same terms. This Agreement may be terminated by either Party upon
thirty (30) days written notice to the other of a default, whereupon the defaulting Party
shall have ten (10) days to cure the default to the satisfaction of the non-defaulting Party.
This Agreement shall automatically terminate in the event the November 26, 2012 Circus
Agreement is terminated for any reason. In the event of termination of this Agreement,
payment of the Fee shall be made prorata to the date of termination .
8. RELATIONSHIP OF PARTIES. It is understood by the parties that Gina Hallisey is
an independent contractor with respect to Wheat Ridge, and not an employee of Wheat
Ridge. Wheat Ridge will not provide any fringe benefits, including health insurance
benefits, paid vacation, or any other employee benefit, for the benefit of Gina Hallisey.
9. TAX OBLIGATION. Gina Hallisey shall be obligated to comply with all applicable
federal, state and local income and withholding tax, social security, worker's
compensation, unemployment insurance, and any other similar or related status
regulations, ordinances and obligations. Wheat Ridge shall have no obligation or duty
with regard to any of the foregoing matters as pertaining to Gina Hallisey.
10. DISCLOSURE. Gina Hallisey is required to disclose any outside activities or
interests, including ownership or participation in the development of prior inventions, that
conflict or may conflict with the best interests of Wheat Ridge. Prompt disclosure is
required under this paragraph if the activity or interest is related, directly or indirectly, to:
-the Zoppe' Circus event scheduled for August 16-25, 2013 in Wheat Ridge,
Colorado .
11. ASSIGNMENT. Gina Hallisey's obligations under this Agreement may not be
assigned or transferred to any other person, firm, or corporation without the prior written
consent of Wheat Ridge, which may be given or withheld in the City's sole discretion .
12. CONFIDENTIALITY, PART 1. Wheat Ridge recognizes that Gina Hallisey has and
will have the following information:
-future plans
-business affairs
-trade secrets
-customer lists
and other proprietary information (collectively , "Information") which are valuable, special
and unique assets of the Carnation Festival event and need to be protected from
improper disclosure . In consideration for the disclosure of the Information , Gina Hallisey
agrees that Gina Hallisey will not at any time or in any manner, either directly or
indirectly, use any Information for Gina Hallisey's own benefit, or divulge, disclose, or
communicate in any manner any Information to any third party without the prior written
consent of the Carnation Festival or the City of Wheat Ridge . Gina Hallisey will protect
the Information and treat it as strictly confidential.
13. CONFIDENTIALITY, PART 2. The City of Wheat Ridge recognizes that Gina
Hallisey will be providing Wheat Ridge with possible business connections with known
clients of Gina Hallisey during the time of this Agreement. These clients of Gina Hallisey
will be acknowledged at the time of introduction, in writing, to the City of Wheat Ridge
and these clients will remain the clients of Gina Hallisey during and after termination of
Agreement even if they become a part of the Carnation Festival's customer list due to
the efforts of Gina Hallisey. Wheat Ridge also recognizes Gina Hallisey's businesses
prior to this Agreement as Rolling Thunder Productions LLC and Success Resources
Unlimited Inc. dba Get Connected Events and accepts that the clients and business
functions of these companies are not considered part of the confidentiality clause
(Paragraph 12) under this Agreement.
14. RETURN OF RECORDS. Upon termination of this Agreement, Gina Hallisey shall
deliver all records, notes, data, memoranda , models, and equipment of any nature that
are in Gina Hallisey's possession or under Gina Hallisey's control and that are Wheat
Ridge's property or relate to Wheat Ridge's business in regards to the 2013 Carnation
Festival and the Zoppe' Circus as part of the 2013 Carnation Festival .
15. INDEMNIFICATION. Within the limitations of the Colorado Constitution and
Statues, each Party hereby agrees to indemnify, hold harmless and defend and/or
compensate the other Party, its managers, members, agents, successors, assigns, and
legal representatives for asserted claims against, or liability damages, including attorney
fees and court costs incurred by the other Party due to the negligence, willful
misconduct, violation of law, acts or omissions of the indemnifying first Party . Each
Party shall agree to accept the full responsibility for their own negligence and actions.
Wheat Ridge does not waive the protections and limitations of the Colorado
Governmental Immunity Act, CRS 24-10-101 et seq.
16. INSURANCE. Gina Hallisey shall provide her own general liability and auto
insurance to cover her activities during the term of this Agreement. The Parties
anticipate that the Carnation Festival in turn will place Gina Hallisey on its general
liability policy for the event.
17. NOTICES. All notices required or permitted under this Agreement shall be in writing
and shall be deemed delivered when delivered in person or deposited in the United
States mail, postage prepaid , addressed as follows :
IF for Wheat Ridge:
City of Wheat Ridge
Joyce Manwaring .
Parks & Recreation Director
4005 Kipling Street
Wheat Ridge, Colorado 80033
IF for Gina Hallisey:
Success Resources Unlimited, Inc.
Regina R. Hallisey
President
P .O. Box 1132
Arvada, Colorado 80001-1132
Such address may be changed from time to time by either Party by providing written
notice to the other in the manner set forth above .
18. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the
Parties and there are no other promises or conditions in any other agreement whether
oral or written, other than the obligations of Gina Hallisey as "Producer" in the November
26, 2012 Circus Agreement, including the Technical Requirements Rider and 2013
Budget attached thereto, which Agreement, Rider and Budget are specifically
incorporated herein by this reference. This Agreement supersedes any prior written or
oral agreements between the Parties.
19. AMENDMENT. This Agreement may be modified or amended only if the
amendment is made in writing and is signed by both Parties.
20. SEVERABILITY. If any provision of this Agreement shall be held to be invalid or
unenforceable for any reason, the remaining provisions shall continue to be valid and
enforceable. If a court finds that any provision of this Agreement is invalid or
unenforceable, but that by limiting such provision it would become valid and enforceable,
then such provision shall be deemed to be written, construed, and enforced as so
limited .
21. WAIVER OF CONTRACTUAL RIGHT. The failure of either Party to enforce any
provision of this Agreement shall not be construed as a waiver or limitation of that Party's
right to subsequently enforce and compel strict compliance with every provision of this
Agreement.
22. APPLICABLE LAW. This Agreement shall be governed by the laws of the State of
Colorado. The prevailing Party in any litigation concerning this Agreement shall be
entitled to its reasonable attorney fees and court costs. Venue and jurisdiction shall be
proper and exclusive in the District Court for Jefferson County, Colorado,
23. COMPLIANCE WITH LAWS. Wheat Ridge, as a political subdivision of the State of
Colorado, is subject to Article X Section 20 of the Colorado Constitution. All obligations
herein extending beyond the calendar year 2013 are subject to annual appropriation by
the Wheat Ridge City Council. This Agreement is subject to Section 2-3 of the Wheat
Ridge Code of Laws (no contract to exceed appropriations; calendar year is fiscal). The
Parties agree to comply with all applicable state and federal laws , including those
concerning immigration, Americans with Disabilities, and no contracting with illegal
aliens in the performance of public contracts for services.
City of Wheat Ridge, Colorado
By:
Jerry DiTullio, Mayor
Attest:------------
Janelle Shaver, City Clerk
Approved as to form:
By: _____________________ __
Gerald Dahl, City Attorney
Success Resources Unlimited, Inc.
FEIN# 84-1549675
By :
Regina R. Hallisey, President
Exhibit A
TECHNICAL REQUIREMENTS RIDER
(attached]
Exhibit B
2013 EVENT BUDGET
[attached]
BUDGET FOR 2013
ZOPPE' ITALIAN FAMILY CIRCUS (CIRCUS ONLY)
Created by Gina Hallisey, Get Connected Events
PREPARED 10/08/12
REVENUE
Sponsorship I Advertising Sales
Circus Ticket Sales
GENERAL EXPENSES
Marketing I Advertising I Misc.
Circus Fee
Circus Tech Rider I Logistics
LABOR EXPENSE
Contract Labor-Event Coordination
Other Contract Labor
City of WR Staff over time
Event Security (police)
BUDGET SUMMARY
TOTAL REVENUE
TOTAL EXPENSES
TOTAL REVENUE
GENERALEXP.TOTAL
LABOR TOTAL
TOTAL EXPENSES
NET
Attachment 3
2013
2013
17,250.00
56,400.00
73,650.00
2013
9,885.00
70,000.00
8,000.00
87,885.00
2013
10,500.00
4,225 .00
3,000.00
WR
17,725.00
105,610.00
PROJECTED
73,650.00
105,610.00
(31,960.00)