HomeMy WebLinkAboutCouncil Packet 02/14/2011
6:30 p.m. Pre-Meeting CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING February 14. 2011 7:00 p.m. Individuals with disabilities are encouraged
to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer, at 303-235-2826 at least one week in advance of a meeting
if you are interested in participating and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF January 24. 2011 PROCLAMATIONS AND
CEREMONIES CITIZENS' RIGHT TO SPEAK a. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 Minutes and sign the Public Comment Roster. b. Citizens who wish
to speak on Agenda Items, please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be heard. APPROVAL OF AGENDA PUBLIC HEARINGS AND ORDINANCES
ON SECOND READING Item 1. Council Bill 02-2011 -An Ordinance amending Chapters 11 and 22 of the Wheat Ridge Code of Laws concerning Business License Requirements and Taxpayer Remedies.
ORDINANCES ON FIRST READING Item 2. Council Bill 04-2011 -An Ordinance amending Section 13-6 (D) of the Wheat Ridge Code of Laws concerning Penalty Assessment Fines for Excess Vehicle
Weight Violations.
CITY COUNCIL AGENDA: February 14, 2011 Page -2-ORDINANCES ON FIRST READING (CON'T) Item 3. Item 4. Council Bill 03-2011 -An Ordinance approving the Rezoning of Property located at 11808
W. 44th Ave. from Commercial-One (C-1) and Commercial-One with Use Restrictions to Mixed Use -Commercial Interstate (MU-C Interstate) and Mixed Use -Neighborhood (MU-N) Zone Districts
(Case No. WZ-10-09/RV America) Council Bill 05-2011 -An Ordinance amending Section 2-59 of the Wheat Ridge Code of Laws, concerning the Membership and Powers of the Building Code Advisory
Board. DECISIONS, RESOLUTIONS AND MOTIONS Item 5. Item 6. Item 7. Resolution 06-2011 -A Resolution amending the Fiscal Year 2011 Budget to reflect the approval of a Supplemental Budget
appropriation for the reappropriation and re-encumbrance of 2010 Fiscal Year Encumbered Funds in the amount of $510,348.43. Motion to approve payment of Murray Dahl Kuechenmeister &
Renaud LLP January 2011 Invoices for Legal Services in the amount of $17,889.26. Motion to Ratify Ratify Mayoral Appointment to Renewal Wheat Ridge. CITY MANAGER'S MATTERS CITY ATTORNEY'S
MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT to STUDY SESSION
CITY OF WHEAT RIDGE, COLORADO January 24, 2011 Mayor DiTullio called the Regular City Council Meeting to order at 7:00 p.m. Council Members present: Karen Adams, Joseph DeMott, Karen
Berry, Joyce Jay, Davis Reinhart, Tracy Langworthy, Wanda Sang and Mike Stites. Also present: City Clerk, Michael Snow; City Treasurer, Larry Schulz; City Attorney, Gerald Dahl; Administrative
Services Director, Heather Geyer; Police Chief, Dan Brennan; Public Works Director, Tim Paranto; staff and interested citizens. APPROVAL OF MINUTES OF January 10, 2011 Motion by Mr.
Stites for approval of the Minutes of January 10, 2011; seconded by Mrs. Langworthy; carried 7-0-1 with Mrs. Sang abstaining due to her absence from the meeting. CITIZENS' RIGHT TO SPEAK
Dean Gokey complimented Exempla Lutheran Staff Doctors, Nurses and Surgeons in the Kidney Department for their exemplary service during his recent stay. Mr. Gokey also reflected on his
experiences in speaking with numerous citizens concerning their complaints about the City of of Wheat Ridge Building Department and specifically the Chief Building Officer John Schumacher,
stating that people feel intimidated and dominated by him. The Exit Surveys and Questionnaires that the Building Department sends out are not always answered truthfully as they feel
that if they complain there will be reprisal from the Building Department. Even though they say that the Building Department is finally enforcing regulations this is not accurate. A
medical group that was interested in moving to Wheat Ridge hired a realtor who stated that because of the costs and time it would take to gain approval they believed another city would
be easier and cheaper, so they chose Lakewood. Contractors will charge more for work in Wheat Ridge because of the difficulty in working with the Building Department. The City is losing
hundreds of thousands of dollars in tax and inspection revenues as law-abiding citizens are being forced to subvert building division regulations. Mr. Gokey asked Staff and Council to
look closer into issues and find a winwin solution. Jesse Hill thanked Council for posting meeting video on-line and asked if audio of Study Sessions might also be posted regularly.
City Council Minutes Page 2 Lonna Harris spoke of the progress in the Wheat Ridge 2020 NSP program and how rewarding the change is in the neighborhood she lives in and provided photos
of before and after photos of the refurbished home on her street. APPROVAL OF AGENDA Motion by Mrs. Sang to remove Agenda Items 4 and 5; seconded by Mr. Stites and Mrs. Jay; carried
8-0. 1. CONSENT AGENDA A. Motion to approve the purchase of one passenger van, three marked police sedans, one marked police SUV, one large 4 x 4 pickup truck, one small light duty 4
x 4 pickup truck and two small light duty 4 x 2 pickup trucks in an amount not to exceed $313,723. B. Motion approving Murray Dahl Kuechenmeister & Renaud LLP December 31,2010 invoices
for Attorney services in the amount of $18,612.78. C. Motion to approve payment to Colorado Intergovernmental Risk Sharing Agency (CIRSA) for 2011 Workers' Compensation Premium in the
amount of $257,288 and 2011 Property/Casualty Premium in the amount of $170,897. D. A motion for the approval of the 2011 Annual Assessment Fee in the amount of $27,932 to support operations
of the Foothills Animal Shelter for the provision of necessary animal sheltering services to the community. E. Motion to encumber funds for On-Call Storm Sewer Cleaning and On-Call Traffic
Signal Repair services in a total amount not to exceed $65,000. F. Resolution No. 03-2011 -A Resolution designating the Official Public Notice location and the Official Newspaper of
general circulation for the City of Wheat Ridge, Colorado. G. Motion to award ITB-11-03 2011 Crack Seal to Precise Striping LLC in the amount of $107,240. H. Motion to approve the Annual
License and Maintenance Renewal of the Computer Aided Dispatch, Records Management, and Mobile Field Reporting Systems for a total amount of $78,432 to Logistic Systems, Inc. I. Resolution
No. 04-2011 -A Resolution amending the Fiscal Year 2011 General Fund Budget to reflect the approval of a Supplemental Budget Appropriation in the amount of $12,533.40 for the renewal
of the the WRTV8 Video Streaming Software. J. Motion to accept a Permanent Easement from SCI Colorado Funeral Services, Inc. for a sidewalk along Wadsworth Boulevard, and approval of
a $3,264 payment for the Easement.
City Council Minutes Page 3 K. Motion to approve payment of the Annual Sales Tax Increment for the Town Center and Wheat Ridge Cyclery Projects in the amount of $248,862 to Renewal Wheat
Ridge. L. Resolution No. 05-2011 -A Resolution approving the renewal of an Intergovernmental Agreement for Ambulance Services among the City, the Wheat Ridge Fire Protection District
and Rural/Metro of Central Colorado, Inc. Consent Agenda was introduced and read by Mrs. Langworthy. Mr. Stites asked to pull Items 1A and 1 G from the Consent Agenda. Motion by Mrs.
Langworthy for approval of the Consent Agenda Items 1 B through 1 F and 1 H through 1 L; seconded by Mr. Reinhart; carried 8-0. Motion by Mr. Stites to approve Item 1A with the following
changes: purchase (3) 2011 Chevy Caprice Police Option marked sedans, (1) 2011 Chevy Tahoe Police Option marked SUV; (1) 2011 Chevy Silverado 4 x 4 Extended Cab Pick-up; seconded by
Mrs. Sang; Motion to Amend by Mr. Reinhart to also approve the 2011 Chevy G-1500 8 passenger van for for purchase; seconded by Mrs. Langworthy; carried 5-3 with Council Members Stites,
Sang and DeMott voting No. Original Motion by Mr. Stites carried as amended 7-1 with Mrs. Adams voting No. Motion by Mr. Stites to award ITB-11-03 2011 Crack Seal to Precise Striping
LLC in the amount of $107,240; seconded by Mrs. Langworthy; carried 8-0. ORDINANCES ON SECOND READING 2. Council Bill 01-2011 -An Ordinance approving the Amendment of Section 26-803
of the Wheat Ridge Code of Laws pertaining to Floodplain Control. Mayor DiTullio opened the public hearing. Council Bill 01 -2011 was introduced on second reading by Mrs. Adams. City
Clerk Michael Snow assigned Ordinance No. 1475. Mr. Paranto, Director of Public Works, presented slides showing the previous and current flood plain as shown in the present mapping.
Mayor DiTullio closed the public meeting.
City Council Minutes Page 4 Motion by Mrs. Adams to approve Council Bill 01-2011 (Ordinance 1475) on second reading and that if take effect 15 days after final publication; seconded
by Mr. Stites; carried 8-0. ORDINANCES ON FIRST READING 3. Council Bill 02-2011 -An Ordinance amending Chapters 11 and 22 of the Wheat Ridge Code of Laws concerning Business License
Requirements and Taxpayer Remedies. Council Bill 02-2011 was introduced on first reading by Mr. Stites. Motion by Mr. Stites to approve Council Bill No. 02-2011 on first reading, order
it published, public hearing set for Monday, February 14, 2011 at 7:00 p.m. in the City Council Chambers, and that it take effect 15 days after final publication; seconded by Mrs. Adams;
carried 8-0. DECISIONS, RESOLUTIONS, AND MOTIONS As noted earlier, Items #4 and #5 were removed from the Agenda. ELECTED OFFICIALS' MATTERS Mr. Snow advised the Council and the public
that the City Clerk's Office is working on a redistricting plan for the City of Wheat Ridge to incorporate newly annexed land in the City and in order to comply with State law regulating
the proportional sizes and boundaries of municipal districts. Mr. Snow stated that Council districts need to be approximately the same in terms of population. Based on estimates from
the 2000 census and likely to be confirmed by the 2010 Census figures, it appears there are some districts that are significantly larger or smaller than the mean. The Clerk's Office
will present a redistricting plan to the City Council at the February 14th Study Session. Mayor DiTullio announced for any Wheat Ridge residents that live north of Clear Creek and south
of the rail road tracks in District IV there will be two Open Houses, one on Saturday, February 5th from 9 am -12 pm and another on Saturday, February 1ih from 9 am -12 pm at the Wheat
Ridge Recreation Center, hosted by Mr. DeMott and Mayor DiTullio. At this meeting the Wheat Ridge Fire Department will be presenting options and opportunities to reduce property taxes
by having Wheat Ridge Fire cover this area versus Arvada Fire. There has been a committee formed called Committee for Lower Fire Taxes. Come meet with Fire Department officials to learn
how to opt out of Arvada Fire and in to Wheat Ridge Fire. Contact either your elected official or the Wheat Ridge Fire Department for information.
City Council Minutes Page 5 Mrs. Langworthy announced that in Wheat Ridge there is a non-profit group called Lead the Future that is assisting the students at mainly Kullerstrand and
Pennington Elementary Schools that participate in the free or reduced lunch program to receive meals on the weekend. They are holding a fund raiser on February 5th from 10 am -4 pm and
on February 1 ih from 10 am -4 pm at the Wheat Ridge Wal-Mart at 32nd and Youngfield. They will accept either a monetary or non-perishable food donation. Mr. Stites stated that early
Friday morning long-time Wheat Ridge resident Mike Halbach passed away and he sends his condolences to his family. Mr. Stites would like to see everyone do something nice for someone
in need. Now is a good time to consider moving your business or residence or both to Wheat Ridge and as always try to find and buy in Wheat Ridge. Mrs. Jay happily announced that Martenson
Elementary School and others will not be closed this year but citizens need to be aware that this is a real possibility in the future. ADJOURNMENT TO STUDY SESSION Meeting adjourned
at 7:41p.m. Michael Snow, City Clerk APPROVED BY CITY COUNCIL ON January 24, 2011 BY A VOTE OF __ to __ Tracy Langworthy, Mayor pro tem 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.
, .. ~' _ r City of p WheatRL-dge ITEMNO:~ DATE: February 14, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 02-2011 AN ORDINANCE AMENDING CHAPTERS 11 AND 22 OF THE WHEAT
RIDGE CODE OF LA WS CONCERNING BUSINESS LICENSE REQUIREMENTS AND TAXPAYER REMEDIES D PUBLIC HEARING D BIDSIMOTIONS D RESOLUTIONS D ORDINANCES FOR 1sT READfNG (01124/2011) ~ ORDfNANCES
FOR 2ND READfNG (02/14/2011) QUASI-JUDICIAL: D YES /:;:!-7 /A"""V--LJ./7 /7 ~ City Attorney City Manager ISSUE: Staff has reviewed Chapters 11 and 22 of the Code and identified certain
amendments to Sections 11-26, 11-29, 11-226 and 22-45 which will be beneficial to the administration of the City's tax and business license program. The amendments include changes in
fees imposed for licenses, unifying language in the Code and amendments needed as a result of recent changes in State Statute. PRIOR ACTION: None FINANCIAL IMPACT: Concerning fees for
business license applications, as the Code is currently written, there is a flat fee of $50.00 for late applications. This ordinance provides that the late fee will increase from $10
at the least to $100 at the most, depending on the tardiness of the application. The application fee has increased from $5.00 to $10.00. That increase is offset by the elimination of
an existing $5.00 license replacement fee . BACKGROUND: To aid the COlmcil in a more comprehensive review of the various sections ofthjs ordinance, the proposed amendments are reviewed
below in turn: V:IFormsICA Ftemplate
Council Action Form February 14, 20 II Page 2 Sec. 11-26(c): This section was amended in order to clarify when the merger of two businesses requires a new business license. Sec. 11-29:
This section raises the license application fee from $5.00 to $10.00, creates a sliding scale for the imposition of late fees on license applications, eliminates the license replacement
fee and allows for City staff to review and increase the license fees from time to time. Sec. 11-226: This section specifically relates to nonresident vendors. The amendments accomplish
several aims. A nonresident vendor now is given 20 days, rather than 10 days, to remit sales tax for collections over $100. Subsections (t)(2)-(3) now simply refer to the fees set forth
in Sec. 11-29. The site clean-up fee is now internally referenced to existing subsection (q). Subsections (u), (w) and (x) contain simple non-substantive wording changes to clarify and
unify the code. Sec. 22-45: This section contains three changes. First, subsection (a) has been amended to expressly state that deficiency notices in excess of $500 must be delivered
by certified mail, or similar method. Next, the change from 20 to 30 days contained in subsection (b) is dictated by a change in State Statute. Finally, the last sentence added to subsection
(b) requests that a taxpayer disputing the imposition of a tax provide detailed information to the City concerning the nature of the dispute. This is to aid staff in the processing and
resolution of these disputes. RECOMMENDATIONS: Adopt Council Bill No 02-20 II . RECOMMENDED MOTION: "I move to approve Council Bill No. 02-20 II, an ordinance amending chapters II and
22 of the Wheat Ridge Code of Laws concerning business license requirements and taxpayer remedies, on second reading, and that it take effect 15 days after final publication. Or, "I
move to postpone indefmitely Council Bill No. 02-2011, an ordinance amending chapters II and 22 of the Wheat Ridge Code of Laws concerning business license requirements and taxpayer
remedies for the following reason(s) ________ " REPORT PREPARED/REVIEWED BY: Gerald Dahl, City Attorney Kathy Franklin, Sales Tax Supervisor Heather Geyer, Administrative Services Director
A TT ACHMENTS: I. Council Bill No. 02-2011
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STITES Council Bill No. 02 Ordinance No. ::-:-:--__ Series 2011 TITLE: AN ORDINANCE AMENDING CHAPTERS 11 AND 22 OF THE WHEAT
RIDGE CODE OF LAWS CONCERNING BUSINESS LICENSE REQUIREMENTS AND TAXPAYER REMEDIES WHEREAS, the City of Wheat Ridge ("City") is a home rule municipality having all powers conferred by
Article XX of the Colorado Constitution and the City's home rule charter ("Charter"); and WHEREAS, pursuant to this power, the City Council has previously adopted Chapters 11 and 22
of the City of Wheat Ridge Code of Laws ("Code") conceming business licenses and taxes, respectively; and WHEREAS, the City Council has determined that Section 11-26 of the Code should
be amended to clarify the consequences and effect of a merger on a business license issued by the City; and WHEREAS, in order to recoup the administrative cost of issuing licenses in
the City, the City Council has determined it is in the best interest of the City to amend the fees set forth in Section 11-29 of the Code, and to unify references to such fees in Section
11-226 of the Code; and WHEREAS, the City Council has further determined that Section 22-45 of the Code should be amended to comply with recent amendments to the Colorado Revised Statutes
and to clarify general provisions concerning information which the taxpayer can provide to aid in the resolution of a dispute between the City and the taxpayer. NOW THEREFORE BE IT ORDAINED
BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Chapter 11, Section 11-26 (c) of the Code is hereby amended as follows: Sec. 11-26. Licenses. (c) No license shall
be transferred from one person, business or location to another. Any change of ownership, nature of business or location shall require a new application and license, including the applicable
fees. A MERGER OF AN EXISTING LICENSED BUSINESS WITH ANY OTHER BUSINESS THAT DOES NOT NECESSITATE A MANDATORY CHANGE IN THE FEDERAL EMPLOYER IDENTIFICATION NUMBER SHALL NOT BE CONSIDERED
A A CHANGE OF OWNERSHIP FOR LICENSING PURPOSES. IN ADDITION TO ANY OTHER AUDIT PERMITTED PURSUANT TO CHAPTER 22 OF THIS CODE, IN THE FIRST YEAR FOLLOWING ANY MERGER, TAX DIVISION PERSONNEL
SHALL Attachment 1
HAVE THE RIGHT TO AUDIT THE MERGED BUSINESS IN ORDER TO CONFIRM THAT THE MERGER OF THE BUSINESSES DID NOT CONSTITUTE FRAUD TO AVOID OUTSTANDING DEBTS OR LIABILITIES. Section 2. Chapter
11, Section 11-29, subsections (b), (g), (h) and (i) of the Code are hereby amended as follows: Sec. 11-29. Fees. (b) A nonrefundable application fee of five TEN dollars ($6 .00) ($10.00)
shall be paid at the time of filing an application. (g) A fifty dollar ($60.00) late applieatioA fee and/or fine shall be assessed, in addition to the regular application and license
fees, for aAY applieatioA reeei'Jed more thaA thirty (aO) days after the eommeAeemeAt of busiAess withiA the eity, or iA the ease of a reAewal, aAY applieatioA reeeived after JaAuary
ao of the ealeAdar year for whieh the lieeAse is sought AS FOLLOWS: This late applieatioA fee shall be iA additioA to all other fees aAd peAalties that may be assessed pUFSuaAt to the
City Code. 1. $10 FEE IF APPLIED FOR OR RENEWED MORE THAN THIRTY (30) BUT NOT MORE THAN SIXTY (60) DAYS AFTER THE COMMENCEMENT OF BUSINESS WITHIN THE CITY OR EXPIRATION OF THE PRIOR
YEAR'S LICENSE. 2. $50 FEE IF APPLIED FOR OR RENEWED MORE THAN SIXTY (60) DAYS BUT NOT MORE THAN NINETY (90) DAYS AFTER THE COMMENCEMENT OF BUSINESS WITHIN THE CITY OR EXPIRATION OF
THE PRIOR YEAR'S LICENSE. 3. $100 FEE IF APPLIED FOR OR RENEWED MORE THAN NINETY (90) DAYS AFTER THE COMMENCEMENT OF BUSINESS WITHIN THE CITY OR EXPIRATION OF THE PRIOR YEAR'S LICENSE.
4. IF A SUMMONS TO MUNICIPAL COURT IS REQUIRED TO OBTAIN LICENSING COMPLIANCE, THE MUNICIPAL COURT SHALL IMPOSE A FINE UNDER SECTIONS 1-5 AND 1-6 OF THIS CODE OF NO LESS THAN $5 PER
DAY OF OPERATION WITHOUT A LICENSE OR WITH AN EXPIRED LICENSE IN ADDITION TO THE MAXIMUM LATE FEE. 5. LATE FEE WAIVERS SHALL BE GRANTED AT THE DISCRETION OF TAX DIVISION STAFF ONLY IN
ACKNOWLEDGMENT OF EXIGENT AND UNAVOIDABLE CIRCUMSTANCES. (h) The city treasurer MAY NOT CHARGE A FEE FOR THE REissue OF A replacement for a lost or damaged license UpOA paymeAt of a
five dollar ($6 .00) fee.
fee. (i) ALL BUSINESSfTAX LICENSING FEES MAY BE REVIEWED OCCASIONALLY BY CITY STAFF. CITY STAFF MAY THEN FORWARD RECOMMENDATIONS CONCERNING AMENDING SUCH FEES TO THE CITY COUNCIL; PROVIDED,
HOWEVER, THE FEES MAY NOT BE INCREASED BY MORE THAN A PERCENTAGE EQUAL TO THE SUM OF THE DENVER-BOULDER ANNUAL CONSUMER PRICE INDICES SINCE THE LAST INCREASE, ROUNDED TO THE NEAREST
DOLLAR. Section 3. Chapter 11, Section 11-226, sUbsections (t), (u), (w) and (x) of the Code are hereby amended as follows: Sec. 11-226. Nonresident vendor. (t) License and required
fees for solicitors and peddlers: All fees for solicitors and peddlers must be paid with cash, certified check or money order as follows: (1) One hundred dollar ($100.00) deposit to
be applied against sales tax collections; applicant must bring in sales receipts within ten (10) days after sales to claim any refund on overpayment of sales tax deposit. Failure to
provide proof of sales receipts will mean forfeiture of deposit. Sales tax collections over one hundred dollars ($100.00) must be remitted within ten (10) TWENTY (20) days of sales.
(2) Five dollars ($13.00) THE_application fee AS SET FORTH IN (section 11-249~ . (3) Ten dollars ($10.00) THE GGENERAL business license fee AS SET FORTH IN (section 11-29~. (4) One hundred
dollars ($100.00) THE site clean up deposit SET FORTH IN PARAGRAPH (q) OF THIS SECTION. SUCH FEE SHALL BE Rrefundable upon ISSUANCE OF A certificate of site clean up by code enforcement
or city zoning officials. (u) Licenses to be displayed. The city treasurer shall issue the license. Each license shall bear the words "Lioensed Peddler" or "Lioensed Solicitor," and
the period for which the license is issued. (w) Duty of enforcement personnel: It shall be the duty of any police officer, sales tax inslleotor TAX DIVISION PERSONNEL or code enforcement
officer of the city to require any person required to have a license, as provided in this chapter, to produce his license and to enforce the provisions of this chapter against any person
found to be violating the same. (x) Treasurer shall maintain records: The chief of police shall report to the sale tax inslleotor THE TAX DIVISION all violations of this chapter and
all violations of this Code by licensees. af\tI... The sales talE inslleotor TAX DIVISION shall maintain a record for each license issued and record the SUCH reports THEREIN from the
ohief of Ilolioe.
Section 4. Chapter 22, Section 22-45, subsections (a) and (b) of the Code are hereby amended as follows: Sec. 22-45. Taxpayer remedies. (a) When the city asserts that sales or use taxes
are due in an amount greater than the amount paid by a taxpayer, the city shall mail a deficiency notice to the taxpayer by first class mail. The deficiency notice shall state the additional
sales and use taxes due. The deficiency notice shall contain notification, in clear and conspicuous type, that the taxpayer has the right to elect a hearing on the deficiency pursuant
to this section. A DEFICIENCY NOTICE EXCEEDING $500, INCLUDING PENALTIES AND INTEREST, RESULTING FROM AUDIT ACTIVITY SHALL BE DELIVERED BY A RECEIPTED OR TRACEABLE METHOD SUCH AS BUT
NOT LIMITED TO CERTIFIED MAIL. (b) In the event that the taxpayer disputes the tax liability imposed by the city either by any deficiency notice or otherwise, he shall file a written
demand for an informal hearing and determination of tax liability within twenty (2Q) thirty (30) days from the date of mailing of the notice, which demand will stay the sale under any
distraint warrant until the conclusion of the hearing. TO AID IN RESOLUTION OF THE DISPUTE, THE CITY REQUESTS THAT THE TAXPAYER'S WRITTEN DEMAND INCLUDE THE FOLLOWING INFORMATION: NAME,
BUSINESS ADDRESS AND LICENSE NUMBER OF THE TAXPAYER, A COPY OF THE NOTICE SENT BY THE CITY, THE TAXABLE PERIODS AND THE AMOUNTS OF TAX WHICH ARE BEING DISPUTED, AND A STATEMENT OF THE
GROUNDS UPON WHICH THE TAXPAYER BASES THE CLAIM. Section 5. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be
unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict
with the provisions of this Ordinance are hereby repealed . Section 6. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section
5.11 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 24th day of January, 2011 , ordered published in full in a newspaper of general circulation
in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for February 14, 2011 at 7:00 p.m. , in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge,
Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2011 .
SIGNED by the Mayor on th is __ day of _____ , 2011 . ATTEST: Michael Snow, City Clerk First Publication: January 27, 2011 Second Publication: Wheat Ridge Transcript Effective Date:
Jerry DiTullio, Mayor Approved as to Form Gerald E. Dahl, City Attorney
, • < .' _ ~ City of p WheatRL-dge ITEMNO: ~ DATE: February 14, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 04-2011 AN ORDINANCE AMENDING SECTION 13-6 (D) OF THE WHEAT
RIDGE CODE OF LAWS CONCERNING PENALTY ASSESSMENT FINES FOR EXCESS VEHICLE WEIGHT VIOLATIONS o PUBLIC HEARING o BIDSIMOTIONS o RESOLUTIONS QUASI-JUDICIAL: ISSUE: [gJ ORDINANCES FOR 1ST
READING (02114/2011) o ORDINANCES FOR 2ND READING (02/2812011) DYES City Manager The State Df Colorado has revised its fine schedule for overweight violations for commercial vehicles
traveling on state and federal highways. As a result, the City of Wheat Ridge Code of Laws, Section 13-6, Safety Standards and Specifications, has fallen well behind the state's fine
schedule. In addition, a comparison study of three other Jefferson County municipalities revealed that Wheat Ridge is well behind the fine schedules adopted by those jurisdictions as
well. PRIOR ACTION: The City of Wheat Ridge last revised the municipal fine schedule for these violations in 1997. FINANCIAL IMPACT: The Crime and Traffic Team (CATT) conducts commercial
vehicle weight and safety inspection checkpoints on regular duty time as a scheduled workday event. Less than 2% of the citations issued have resulted in court appearances in 2010. Adopting
the Colorado state fine schedule would increase revenues generated from fines, and those fines would be transferred to the City'S General Fund.
Amending Article V of the Code of Laws (Overweight Vehicle Schedule) February 14,2011 Page 2 BACKGROUND: The City of Wheat Ridge has a significant amount of commercial vehicle traffic
traveling along the 1-70 corridor and on the state highways, which traverse our City. Overweight vehicles present a significant safety hazard to other motorists because of their weight,
which also causes additional wear to critical safety items like brakes. In addition, overweight vehicles cause additional damage to our roadway infrastructure. The Police Department
regularly conducts commercial vehicle weight and safety checkpoints in conjunction with Colorado Department of Revenue Port of Entry personnel. Eight of these checkpoints were conducted
in 20 I O. A comparison study of surrounding municipalities showed that most local communities have taken steps to increase fines associated with overweight commercial vehicles. The
City of Lakewood adopted a fine schedule in accordance with the fmes set forth by the state. Fines over and above the $999 limit are written into Jefferson County Court; 50% of the fine
is then returned to the City. The City of Westminster is in the process of revising their fine schedule to be in accordance
with the state fine schedule, with the same $999 limit provision as Lakewood. Lastly, the City of Arvada revised their fine schedule in 2006, and is in the process of revising their
schedule again to reflect the state fines, with the same $999 limit provision. RECOMMENDATIONS: It is recommended that City Council consider and approve an amendment to Section 13-6,
Safety Standards and Specifications, increasing the fine schedule for overweight commercial vehicles based on the State of Colorado's fine schedule. RECOMMENDED MOTION: "I move to approve
Council Bill No. 04-2011 , an ordinance amending Section 13-6 (D) of the Wheat Ridge Code of Laws concerning penalty assessment fines for excess vehicle weight violations." Or, "I move
to postpone indefinitely Council Bill No. 04-20 11 , an ordinance amending Section 13-6 (D) of the Wheat Ridge Code of Laws concerning penalty assessment fines for excess vehicle weight
violations for the following reason(s) " REPORT PREPARED/REVIEWED BY: Tracy Wardell, Sergeant, Patrol Operations Division Daniel G. Brennan, Chief of Police A TT ACHMENTS: I. Revised
Ordinance, Section 13-6 (D) of the Wheat Ridge Code of Laws 2. Staff Report of January 13,2011
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER _____ _ Council Bill No. 04 Ordinance No. ___ _ Series of 2011 TITLE: AN ORDINANCE AMENDING SECTION 13-6(D) OF THE WHEAT RIDGE
CODE OF LAWS CONCERNING PENALTY ASSESSMENT FINES FOR EXCESS VEHICLE WEIGHT VIOLATIONS WHEREAS, the City of Wheat Ridge (the "City"), acting through its City Council (the "Council"),
has authority to enact ordinances for the protection of public health, safety and welfare; and WHEREAS, exercising this authority, the Council has previously enacted Chapter 13 of the
Wheat Ridge Code of Laws (the "Code") concerning the regulation of motor vehicles and traffic upon roadways within the City; and WHEREAS, Section 13-6(d) of said Chapter 13 sets forth
a fine schedule that applies to penalty assessments issued for violating City laws concerning maximum wheel and axle loads and maximum gross vehicle weight; and WHEREAS, the state of
Colorado has established a similar fine schedule for violations of the same offenses under state law; and WHEREAS, the state has updated its fine schedule to generally increase the amounts
of penalty assessments and several other jurisdictions neighboring the City have updated their respective fine schedules to mirror the state's fine schedule; and WHEREAS, the Council
finds that it is desirable and in the City's best interest to impose penalties for vehicle weight violations that are uniform with those imposed by the state and neighboring communities
for the same offenses. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Subsection 13-6(d) of the Wheat Ridge Code of Laws, concerning
penalty assessments issued for violations of maximum vehicle weight restrictions, is hereby amended as follows: (d). Excess weight-Penalty assessment. Any person who pleads guilty or
is convicted of violating the weight limitations of either section 507 or section 508 of the Model Traffic Code, as amended, shall be subject to the penalties of SUbsection (b) of this
section and for each axle and/or gross weight violation an additional penalty assessment fine according to the following schedule: Attachment 1
Excess Weight Penalty Assessment in PQ!,mds Eioe 8mQ!.mt 1 tQ 999 :s 4Q,QQ 1,QQQ to 1,2QQ 5.Q..QQ 1 2Q1 tQ 1 4QQ Th.QQ 1 4Q1 tQ 1 6QQ 1QQ,QQ 1,6Q1 tQ 1,8QQ 125.QQ 1,8Q1 tQ 2,000 150
QQ 2,QQ1 to 2,20Q 175.QQ 2 2Q1 tQ 2 4QQ 2QQ,QQ 2,4Q1 tQ 2,6QQ 225.QQ 2 6Q1 tQ 2 8QQ 25Q QQ 2 8Q1 tQ 3 QQQ 275.QQ 3,QQ1 tQ 3,2QO 3QQ.QQ 3 201 to 3,4QQ 325.QQ 3 4Q1 tQ 3,6QQ 35Q.QQ 3 6Q1
tQ 3 8QQ 375.0Q 3,8Q1 104,QOQ 4QO.QQ 4 QQ11Q 4 2QQ 425.QQ 4 2Q1 lQ 4,4QQ 45Q.00 40401 to 4,6QO 475.QQ 4 6Q11Q 4 8QQ 5QQ,QQ 4 8Q1 lQ MQQ 525.QO 5,QQ1 to 5,2QQ 55Q.QQ 5 2Q1 tQ 5,4QQ 5Z5.QQ
5,4Q1 to 5,6QO 6QQ.QQ 5,6Q1 lQ 5 8QQ 625.QQ 5 8Q1 lQ 6 QQQ 65Q.QQ 6 QQ1 lQ 6,2QQ 6Z5.QO 6,2Q1 tQ 6,400 7QQ.QQ M Q1 tQ 66QQ Z25,QQ 6 6Q1 tQ 6 8QQ 750,QO 6,8Q1 lQ Z,QQO 775.QQ 7, QQ1 tQ
7 2QQ 8QQ.QQ 7, 2Q1 tQ Z 4QQ 825.QO 7 4Q1 to Z,6QQ 850.0Q 7,6Q1 tQ 7,8QQ 8Z5.QQ
7 8Q1 tQ 8 QQQ 9QQ.QQ 8 QQ1 tQ 82QQ 925.QQ 8,2QQ tQ 8,4QQ 95Q.QQ 8 4Q1 tQ MQQ 9Z5 QQ 8,6Q1 tQ 8 8QQ 1,QQQ.QQ PeRalty ElEoess \'Veight /\sseSSFReRt iR Pmm9s FiRe AFRO~Rt ~ to a,QQQ $
aQ.QQ a.QQ~ to 4,2aQ e&.-OO 4 ,2a~ to 4,aQQ 8(hOO 4 ,aQ~ to 4,7aQ 9&.00 4,7a~ to a,QQQ ~ ~Q . QQ a,QQ~ to a,2aQ ~2a.QQ a,2a~ to a,aQQ ~4Q . QQ a,aQ~ to a,7aQ ~aa . QQ a,7a~ to e,QQQ
HQ.QQ e,QQ~ to e,2aQ ~ lla.QQ e,2a~ to e,§QQ 2~Q . QQ e , aQ~ to e,7aQ 2aa.QQ e,7a~ to 7,QQQ 2eQ.QQ 7 , QQ~ to 7,2aQ 2Ila .QQ 7,2a~ to 7,aQQ a2a.QQ 7 , aQ~ to 7,7aQ aea.QQ 7,7a~ to Il,QQQ
4Qa.QQ Il,QQ~ to 1l,2aQ 44a.QQ 1l,2a~ to ll,aQQ 49a.QQ 1l,§Q~ to 1l,7aQ a4a.QQ 1l,7a~ to 9,QQQ a9a.QQ 9,QQ~ to 9,2aQ e4a.QQ
9 , 25~ te 9,5QQ 7Q5.QQ 9,5Q~ te 9,75Q 765.QQ 9,75~ te ~Q,QQQ 825.QQ 1Q,QQ~ te 885.QQ ~ Q,25Q ~Q,25~ te 92Q.QQ ~ Q,5QQ ~ Q,5Q~ te 955.QQ ~ Q,75Q ~Q,75~ te 99Q.QQ ~ ~ ,QQQ ~ ~ , QQ~ aRE:!
e",eF 999.QQ 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 . Section 3.
Severability; Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid , the validity of the
remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.
Section 4. Effective Date. This Ordinance shall take effect fifteen (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 14th day of February, 2011 , ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and
consideration on final passage set for February 28, 2011 , at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this 28th day of February, 2011. SIGNED by the Mayor on this ___ day of _______ _ , 2011 . ATTEST: Michael
Snow, City Clerk First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Jerry DiTullio, Mayor Approved As To Form Gerald E. Dahl, City Attorney
" \. .. ~ -_ r City of. ArYrWheat&...dge ~OLlCE DEPARTMENT Memorandum TO: Mayor DiTullio and City Council THROUGH: Patrick Goff, City Manager FROM: Daniel Brennan, Chief of Police DATE:
January 13, 2011 SUBJECT: Revision of the City Fine Schedule Concerning Overweight Commercial Vehicle Fines ISSUE The State of Colorado has revised its fine schedule for overweight violations
for commercial vehicles traveling on State and Federal Highways. As a result, the City of Wheat Ridge Code of Laws, Section 13-6, Safety standards and specifications, has fallen well
behind the State's fine schedule. Tn addition, a comparison study of three other Jefferson County municipalities revealed that Wheat Ridge is well behind the fine schedules adopted by
those jurisdictions as well. PRIOR ACTION: The City of Wheat Ridge last revised the municipal fine schedule for these violations in 1997. FINANCIAL IMP ACT: The Crime and Traffic Team
(CATT) conducts commercial vehicle weight and safety inspection checkpoints on regular duty time as a scheduled workday event. Less than 2% of the citations issued have resulted in court
appearances in 2010. Adopting the State fine schedule would increase revenues generated from fines and those fines transferred to the City's General Fund. BACKGROUND: The City of Wheat
Ridge has a significant amount of commercial vehicle traffic traveling along the T-70 corridor and on the State highways, which traverse our city. Overweight vehicles present a significant
safety hazard to other motorists, because of their weight, which also causes additional wear to critical safety items like brakes. In addition, overweight vehicles cause additional damage
to our roadway infrastructure. The Police Department regularly conducts commercial vehicle weight and safety checkpoints in conjunction with the Colorado Department of Revenue Port of
Entry personnel. Eight of these checkpoints were conducted in 20 I 0, resulting in the following: I. Two hundred and sixty-nine trucks were weighed and/or inspected in 20 I 0, an average
of 33.6 trucks per day. 2. Two hundred and sixty-four violations were cited, an average of 1.01 violation per commercial vehicle. Attachment 2
Staff Report: Revision of the City Fine Schedule Concerning Overweight Commercial Vehicle Fines January 13, 20 II Page 2 of2 3. These violations generated $29,508 in fines in 2010. 4.
While the number of checkpoints has doubled in an effort to address safety issues with commercial vehicles, there has been no reduction in the number of safety and weight violations
cited due to the additional enforcement efforts. 5. Nationally, data shows that commercial vehicles account for a significant number of traffic accidents and the need for local municipalities
to increase education and enforcement efforts related to safety and weight violations remains a priority .. A comparison study of surrounding municipalities showed that surrounding communities
have taken steps to increase fines associated with overweight commercial vehicles. The City of Lakewood adopted a fine schedule in accordance with the fines set forth by the State. Fines
over and above the $999 limit are written into County Court, 50% of the fine is then then returned to the city. The City of Westminster is in the process of revising their fme schedule
to be in accordance with the State fine schedule, with the same $999 provision as Lakewood. Lastly, the City of Arvada revised their fine schedule in 2006, and are in the process of
revising their schedule again to reflect the State fines, with the same $999 provision. ALTERNATIVES Department staff considered several alternatives regarding this topic to include:
I. The Police Department could continue its operations with the current fine schedule. Our fines would be behind the State fine schedule and not reflective of fine schedules in surrounding
communities. This is a cost neutral approach for the City. 2. The Department could discontinue commercial vehicle weight and safety checkpoints. Staff does not recommend this approach.
The Department's education and enforcement strategies along the 1-70 corridor and high accident locations has resulted in a reduction of property damage, serious injury and fatal accidents.
4. Approve the updated fine schedule. The Police Department recommends that City Council consider and approve an increase in the fine schedule for overweight commercial vehicles based
on the State of Colorado's fine schedule. RECOMMENDATION The Police Department is seeking City Council direction specific to developing an ordinance revising the fine schedule for overweight
commercial vehicles. Staff recommends City Council approve this recommendation. Report Prepared By: Tracy Wardell, Sergeant Crime and Traffic Team ATTACHMENTS: Wheat Ridge Code of Laws,
Section 13-6 Comparison Table of Proposed Fine Schedule
ARTICLE I. -IN GENERAL Page 10f2 Sec. 13-6. -Safety standards and specifications. (a) Adopted. The "Rules and Regulations Govern ing the Safety Standards and Specifications of All Commercial
Vehicles," as promulgated by the Colorado Department of Public Safety, and as the same may be amended from time to time, are hereby adopted. Copies of said ru les and regulations are
available for inspection at the office of the city clerk. (b) Penalties. Any person, firm or corporation violating any of the provisions of subsection (a) of this section or Part 5 of
the Model Traffic Code for Colorado Municipalities, as amended, upon a plea of guilty or no contest, or upon a conviction thereof, shall be fined in a sum not to exceed nine hundred
ninety-nine dollars ($999.00) for each violation. In the alternative, any person, firm or corporation violating any of the provisions of subsection (a) of this section or Part 5 of the
Model Traffic Code, as amended , may be fined a penalty assessment fin e of seventy-five dollars ($75.00) for each violation. Each and every day which a violation is permitted to exist
shall constitute a separate and distinct offense. The penalties herein shall not preclude the city from initiating any other action to abate or prevent the occurrence of any violation
of the provisions specified in this section. (c) Immobilization. Police officers are hereby authorized to immobilize, impound or otherwise direct the disposition of commercial vehicles
when it is determined that the motor vehicle or operation thereof is unsafe and when such immobilization, impoundment or disposition is appropria te under the "Rules and Regulations
Govern ing the Safety Standard s and Specifications of All Commercial Vehicles," as promulgated by the Colorado Department of Safety, and as the same may be amended from time to time.
(d) Excess weight-Penalty assessment. Any person who pleads guilty or is convicted of violating the weight limitations of either section 507 or section 508 of the Model Traffic Code,
as amended, shall shall be subject to the penalties of subsection (b) of this section and for each axle andlor gross weight violation an i ~ ~to the I I sched~ Excess Weight Penalty
Assessment in Pounds Fine Amount 1 to 3 ,000 S 50.00 3,001 to 4,250 65.00 4,251 to 4,500 80.00 4,501 to 4,750 95.00 4,751 to 5,000 110.00 5,001 to 5, 250 125.00 5,251 to 5,500 140.00
5,501 to 5,750 155.00 5,751 to 6,000 170.00 6,001 to 6 ,250 185.00 6,251 to 6 , 500 210.00 6,501 to 6,750 235 .00 6,751 to 7 ,000 260.00 7,001 to 7 ,250 285 .00 7 ,251 to 7,500 325.00
7, 501 to 7 ,750 365 .00 7,751 to 8,000 405 .00 8,001 to 8 ,250 445 .00 8,251 to 8 , 500 495.00 8, 501 to 8 ,750 545.00 8,751 to 9 ,000 595.00 9,001 to 9 ,250 645.00 http://library.municode.com/HTMLl
I 1707Ileve13/PTllCOLA_ CH 13MOVETR ARTII N... 0 II3 II20 I I
ARTICLE I. -TN GENERAL Page 2 of2 9,251 to 9,500 705.00 9,501 to 9,750 765.00 9,751 to 10,000 825.00 10,001 to 10,250 885 .00 10,251 to 10,500 920.00 10,501 to 10,750 955.00 10,751 to
11 ,000 990.00 11,001 and over 999.00 (Ord. No. 1990·842, § 3, 9·24·90; Ord. No. 1996-1063, § 1, 1-13-97) http://library.municode.com/HTMLlI 1707/level3IPTIICOLA_CHI 3MOVETR_ARTIlN...
01131 /2011
ARTICLE I. -IN GENERAL Page I of2 Sec. 13-6. -Safety standards and specifications. (a) (b) (c) <d) Adopted. The "Rules and Regulations Governing the Safety Standards and Specifications
of All Commercial Vehicles," as promulgated by the Colorado Department of Public Safety, and as the same may be amended from time to time, are hereby adopted. Copies of said rules and
regulations are available for inspection at the office of the city clerk. Penalties. Any person, firm or corporation viotating any of the provisions of subsection <a) of this section
or Part 5 of the Model Traffic Code for Colorado Municipalities, as amended, upon a plea of guilty or no contest, or upon a conviction thereof, shall be fined in a sum not to exceed
nine hundred ninety-nine dollars ($999.00) for each violation. In the alternative, any person, fimn or corporation violating any of the provisions of subsection <a) of this section or
Part 5 of the Model Traffic Code, as amended, may be fined a penalty assessment fine of seventy-five dollars ($75.00) for each violation. Each and every day which a violation is permitted
to exist shall constitute a separate and distinct offense. The penalties herein shall not preclude the city from initiating any other action to abate or prevent the occurrence of any
violation of the provisions specified In this section. Immobilization. Police officers are hereby authorized to Immobilize, impound or otherwise direct the disposition of commercial
vehicles when it is determined that the motor vehicle or opera lion thereof is unsafe and when such immobilization, impoundment or disposition Is appropriate under the "Rules and Regulations
Governing the Safety Standards and Specifications of All Commercial Vehiclas," as promulgated by the Colorado Department of Safety. and as the same may be amended from time to time.
Excess weight-Penalty assessment. Any person who pleads guilty or is convicted of violating the weight limitations of either section 507 or section 50B of the Model Traffic Code, as
amended, shall be subject to the penalties of subsection (b) of this section and for each axle andlor gross weight violation an additional penalty assessment fine accordino to the followino
schedule: Excess Weight Penalty Assessment in Pounds Fine Amount 1 to 3,000 $ 50.00 3,001 to 4,250 65.00 4,251 to 4,500 80.00 4,501 to 4,750 95.00 4,751 to 5,000 110.00 5,001 to 5,250
125.00 5,251 to 5,500 140.00 5,501 to 5,750 155.00 5,751 to 6,000 170.00 6,001 to 6,250 185.00 6,251 to 6,500 210.00 6,501 to 6,750 235.00 6,751 to 7,000 260.00 7,001 to 7,250 285.00
7,251 to 7,500 325.00 7,501 to 7,750 365.00 7,751 to 8,000 405.00 8,001 to 8,250 445,00 8,251 to 8,500 495.00 8,501 to 8,750 545.00 8,751 to 9,000 595.00 9,001 to 9,250 645.00 http:
//library.municode.comlHTMUI1707Ileve13fPTIICOLA CHI3MOVETR_ ARTIIN... 01 /13/20 II I
ARTICLE 1. -IN GENERAL Page 2 of2 9,251 to 9,500 705.00 9,501 to 9,750 765.00 9,751 to 10,000 825.00 10,001 to 10,250 885.00 10,251 to 10,500 920.00 10,501 to 10,750 955.00 10,751 to
11 ,000 990.00 11,001 and over 999.00 (Ord. No. 1990·842, § 3, 9-24-90; Ord. No. 1996-1063, § 1, 1-13-97) ... -----..... __ .. __ ._ .. _----_._------_. __ ... _ ._--_ .. _--_._ .. ---_._
.... _--_. I, I I http: //library.municode.comIHTMLI11707I1eve13IPTIICOLA_CHI3MOVETR_ARTIIN... 01113/2011
CURRENT SCHEDULE PROPOSED MUNICIPAL FINE SCHEDULE for Overweight Axle Load~ (B800 100 max) Excess Weight in Penalty Assessment Fine Excess Weight Penalty Assessment Pounds Amount in
Pounds Fine Amount 1 to 3,000 $ 50,00 1 to 999 $ 40,00 3,001 to 4,250 65,00 1,000 to 1,200 50,00 4,251 to 4,500 80.00 1,201 to 1,400 75.00 4,501 to 4,750 95.00 1,401 to 1,600 100.00
4,751 to 5,000 110.00 1,501 to 1,BOO 125.00 5,001 to 5,250 125.00 I,BOI to 2,000 150.00 5,25t to 5,500 140.00 2,001 to 2,200 175.00 5,501 to 5,750 . 155.00 2,201 to 2,400 200.00 5,751
to 6,000 170.00 2,401 to 2,600 225.00 6,001 to 6,250 tB5.00 2,601 to 2,BOO 250.00 6,251 to 6,500 210.00 2,801 to 3,000 275.00 6,501 to 6,750 235.00 3,001 to 3,200 300.00 6,751 to 7,000
260.00 3,201 to 3,400 325.00 7,001 to 7,250 285.00 3,401 to 3,600 350.00 7,251 to 7,500 325.00 3,601 to 3,600 375.00 7,501 to 7,750 365.00 3,801 to 4,000 400.00 7,751 to 6,000 405.00
4,001 to 4,200 425.00 B,OOI to 8,250 445.00 4,201 to 4,400 450.00 6,251 to 6,500 495.00 4,401 to 4,600 475.00 B,501 to 6,750 545.00 4,601 to 4,BOO 500.00 6,751 to 9,000 595.00 4,BOI
to 5,000 525.00 9,001 to 9,250 645.00 5,001 to 5,200 550.00 9,251 to 9,500 705.00 5,201 to 5,400 575.00 9,501 to 9,750 765.00 5,401 to 5,600 600.00 9,751 to 10,000 B25.00 5,601 to 5,600
625.00 10,001 to 10,250 B85.00 5,BOI to 6,000 650.00 10,251 to 10,500 920.00 6,001 to 6,200 675.00 10,501 to 10,750 955.00 6,201 to 6.400 700.00 10,751 to 11,000 990.00 6,401 to 6,600
725.00 11,001 and over 999.00 6,601 to 6,600 750.00 6,BOI to 7,000 775.00 7, 001 to 7,200 BOO.OO 7,201 to 7,400 625.00 7,401 to 7,600 B50.00 7,601 to 7,BOO B75.00 7,601 to B,OOO 900.00
6,001 to B,200 925.00 6,200 to 6,400 950.00 6:401 to 8,600 975.00 B,601 to B,600 1,000.00
~ ~ A ~ ~ , • City of p WheatRL..dge ITEMNO:l DATE: February 14,2011 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 03-2011 -AN ORDINANCE APPROVING THE REZONING OF PROPERTY
LOCATED AT 11808 W. 44TH AVENUE FROM COMMERCIAL-ONE (C-l) AND COMMERCIAL-ONE WITH USE RESTRICTIONS TO MIXED USE -COMMERCIAL INTERSTATE (MU-C INTERSTATE) AND MIXED USE NEIGHBORHOOD (MU-N)
ZONE DISTRICTS (CASE NO. WZ-IO-09/RV AMERICA) D PUBLIC HEARING D BlDS/MOTIONS D RESOLUTIONS ISSUE: IZ1 ORDINANCES FOR 1ST READING (02/14/2011) D ORDINANCES FOR 2ND READING(03/14/2011)
IZ1 YES D NO g~~ In September of 20 I 0, City Council adopted new mixed use zone districts which are intended to create a streamlined development review process, allowing higher density,
mixed use development and with a range of land uses, including residential. This is the first privately initiated zone change to mixed use since adoption of the mixed use zone district
regulations this fall. The applicant requests approval of a zone change from C-l and C-I with use use restrictions to Mixed Use -Commercial Interstate and Mixed Use -Neighborhood for
property located at 11808 W. 44th Avenue. The zone change is the first step of the process for approval for redevelopment of this site with mixed use zoning. If approved and prior to
construction of any new structures, a site development plan will be required meeting the standards in the mixed use zone districts. The zone change is recommended to be conditioned on
approval of a future subdivision plat. Case No. WZ-IO-09/RV America
Council Action Form February 14, 2011 Page 2 PRIOR ACTION: Planning Commission reviewed this request and recommended approval with conditions at a public hearing held on January 20,
20 II. A motion was made for approval for the following reasons: I. The rear portion of the property is currently underutilized. 2. The relocation of the 1-70 on and off ramps dramatically
changes the commercial development potential of this property. 3. The rezoning request is consistent with Envision Wheal Ridge, the City's comprehensive plan. 4. The evaluation criteria
support approval of this request. With the following conditions: I. The proposed zoning boundary between the two districts is consistent with the A-I zoning line on the east side of
Tabor Street. 2. The zone change ordinance will not become effective until a plat document is reviewed and approved. 3. Upon platting, a 20' right-of-way be dedicated along the entire
frontage of Tabor Street. There were two people in the audience who spoke in opposition to the request. FINANCIAL IMPACT: One-time fees for the zone change were submitted for the application.
I f the property is redeveloped, there could be an advancement of the City's goals for economic development and the creation of a diverse and resilient tax base. BACKGROUND: The property
is 3.5 acr~s in size and has frontage on W. 44th Avenue and Tabor Street. There is an existing structure on the northeast corner of the property utilized as a Recreational Vehicle sales
office. RV's for sale are displayed on the front portion. The remainder of the site is used for RV storage. Existing zoning In 1993, City Council approved a zone change for the property
from RC, Restricted Commercial, and A-I , Agriculture-One, to C-l. The zoning approval was heavily conditioned allowing unrestricted C-I zoning on the front portion of the property but
restricting the rear portion of the property to RV storage only. There have been three prior unsuccessful zone change applications on the property; all were to rezone so that use restrictions
on the rear portion were lifted. The most recent land use application was initiated in 2009 for a zone change to Planned Commercial Development and approval of a concept Outline Development
Plan. The case was recommended for approval by Planning Commission but denied by City Council. Staff would note that at the City Council public hearing a recommendation of approval was
made but did not pass due to the requirement for three-fourth's vote of Council when a zone change is subject to a legal protest.
Council Action Form February 14,2011 Page 3 Proposed zoning The applicant is requesting a zone change which would allow Mixed Use Commercial -Interstate (MU-C Interstate) on the northern
portion of the property with Mixed Use Neighborhood (MU-N) on the southern portion. Staffs recommendation is that the location of the zoning line be consistent with the location of the
A-I zoning line on the property to the east side of Tabor. The MU-C interstate is intended for areas generally within 500' ofI-70, located on major commercial corridors with direct access
to 1-70. The MU-N district is appropriate along neighborhood streets and at neighborhood commercial centers. It was established to encourage medium density mixed use development but
allow for a more limited range of neighborhoodserving commercial and retail uses, in addition to residential. Changed conditions In November of2010, the COOT project was completed which
relocated the I-70 onlofframps from the previous location east of Ward Road roughly 1000' to the east. The new ramps tie into the north side of W. 44th Avenue across from the western
boundary line of the subject land. This relocation dramatically changes the commercial development potential of this property. Allowing additional uses on the rear of the parcel would
allow a currently underutilized commercial property to be developed into a tax generating property. Guiding documents Envision Wheat Ridge, the comprehensive plan adopted in October
2009, designates the north half of the property as Neighborhood Buffer Area. These areas should be located on the "edges" of neighborhoods to act as buffers between low intensity residential
areas and higher intensity commercial corridors. Desired uses in these areas are full scale commercial uses with higher density residential and office. The southern half of the property
is designated as Neighborhood and could include owneroccupied single family and high quality multi-family development. West 44th Avenue is designated as Neighborhood Commercial Corridor.
The West 44th Avenue/Ward Road redevelopment area plan identifies desirable land use as community commercial on the front and residential on the rear. The Comprehensive Plan is an advisory
document and meant to be taken for general advice in making policy decisions. The designations on the Comprehensive Plan Structure Plan are not intended to be absolute. There are several
sections of Chapter 26, including section 112, which applies to the consideration of private zone change requests. The purpose statement provides in part, that if a proposed amendment
is not consistent with the Comprehensive Plan, then the request may only be approved if it can be demonstrated that the request is justified because of changed or changing conditions
in the area or in the city in general.
Council Action Form February 14,2011 Page 4 Staff has concluded that because the MU-N zoning allows a variety of residential development, the request is consistent with both of the Comprehensive
Plans. Staff further concludes that the proposal also meets several other goals and policies of the Comprehensive Plan and Neighborhood Revitalization Strategy, including the broader
mission of the City to be "open for business". The application has been through a standard City and outside agency referral process. Upgrades will be required at the expense of the developer
upon future redevelopment of the property. Tabor Street abutting the property is only 20' wide. Public Works has requested a 20' right-of-way reservation for the length of the property
to accommodate future traffic improvements to Tabor Street. The Planning Commission staff report and minutes will be attached at the time of second reading for additional background
on this application. RECOMMENDED MOTION: " I move to approve Council Bill No. 03-20 II, an ordinance approving the rezoning of property located at 11808 W. 44th Avenue from Commercial-One
(C-I) and Commercial-One (C-I) with use restrictions to Mixed Use -Commercial Interstate (MU-C Interstate) and Mixed Use Neighborhood (MU-N) zone districts on first reading, order it
published, public hearing set for Monday, March 14,2011 at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after final publication. Or, " I move to postpone indefinitely
Council Bill No. 03-20 II , an ordinance approving the rezoning of property located at 11808 W. 44th Avenue from Commercial-One (C-I) and Commercial-One (C-I) with use restrictions to
Mixed Use -Commercial Interstate (MU-C Interstate) and Mixed Use -Neighborhood (MU-N) zone districts for the following
reason(s) " REPORT PREPAREDIREVIEWED BY; Meredith Reckert, Senior Planner Kenneth Johnstone, Community Development Director A TT ACHMENTS: I. Council Bill No. 03-20 II
INTRODUCED BY COUNCIL MEMBER, ______ _ TITLE: Council Bill No. 03 Ordinance No. --, __ _ Series of 2011 AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 11808 W. 44TH AVENUE
FROM COMMERCIAL-ONE (C-1) AND COMMERCIAL-ONE WITH USE RESTRICTIONS TO MIXED USE-COMMERCIAL INTERSTATE (MU-C INTERSTATE) AND MIXED USE NEIGHBORHOOD (MU-N) ZONE DISTRICTS (CASE NO. WZ-10-09/RV
AMERICA) WHEREAS, the City of Wheat Ridge is trying to encourage mixed use zoning and development; and WHEREAS, the zoning and development code was recently modified to add four new
mixed use zoning districts; and, WHEREAS, Michael Pharo on behalf of RV America has submitted a zone change application to Mixed Use-Commercial Interstate and Mixed-Use Neighborhood
for property located at 11808 W. 44th Avenue; and, WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on January 20, 2011 and voted to recommend approval of a
rezoning of the property to be rezoned to Mixed-Use Commercial Interstate and Mixed-Use Neighborhood. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO
THAT: Section 1. Upon application by Mike Pharo for RV America, approval of a zone change ordinance for property located at 11808 W. 44th Avenue from Commercial-One (C-1) and Commercial-One
(C-1) with use restrictions to Mixed Use -Commercial Interstate (MU-C Interstate) and Mixed Use -Neighborhood (MU-N) zone districts, 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 changes are approved. MIXED USE -INTERSTATE COMMERCIAL (MU-C INTERSTATE): The northern
250' of the parcel described below shall be zoned MU-C Interstate. MIXED USE -NEIGHBORHOOD (MU-N): The southern 228' of the parcel described below shall be zoned MU-N. LEGAL DESCRIPTION
FOR ENTIRE PARCEL: THE EAST ONE-HALF OF THE NORTH ONE-THIRD OF LOT 11 , LEE'S SUBDIVISION, AS RECORDED IN PLAT BOOK 2 AT PAGE 23 OF THE Attachment 1
RECORDS OF THE JEFFERSON COUNTY CLERK AND RECORDER, LYING NORTH OF THE NORTH LINE OF THOSE PARCELS OF LAND DESCRIBED IN QUITCLAIM DEEDS RECORDED AT RECEPTION NUMBERS 93127939 AND 93127940,
EXCEPT THE EAST 10.00 FEET THEREOF, LOCATED IN THE NORTHEAST QUARTER OF SECTION 20, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON,
STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE SOUTHLINE OF THE NORTHEAST QUARTER OF SECTION 20 ASSUMED TO BEAR S89°09'18''W. COMMENCING AT THE
EAST QUARTER CORNER OF SECTION 20, THENCE S89°09'18"W A DISTANCE OF 674.37 FEET ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 20, THENCE NOoo50'42'W, 118.00 FEET TO THE
NORTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN QUITCLAIM DEED RECORDED AT RECEPTION NO. 93127939 BEING THE TRUE POINT OF BEGINNING; THENCE S89°23'27"W ALONG THE NORTH LINE OF SAID
PARCEL, A DISTANCE OF 156.13 FEET TO THE NORTHWEST CORNER OF SAID PARCEL AND THE NORTHEAST CORNER OF THAT PARCEL OF LAND DESCRIBED IN DEED RECORDED AT RECEPTION NO. 93127940; THENCE
S86°48'38"W ALONG THE NORTH LINE OF SAID PARCEL, A DISTANCE OF 165.96 FEET TO THE NORTHWEST CORNER OF SAID PARCEL, AND A POINT ON THE WEST LINE OF THE EAST HALF OF THE SAID LOT 11; THENCE
NOoo24'47"W ALONG THE WEST LINE OF THE EAST HALF OF SAID LOT 11, A DISTANCE OF 485.46 FEET TO THE NORTHWEST CORNER OF THE EAST HALF OF SAID LOT 11 AND THE SOUTH RIGHT OF WAY LINE OF
WEST 44TH AVENUE; THENCE N89°13'26"E ALONG THE NORTH LINE OF SAID LOT 11 AND SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 321 .90 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF TABOR
STREET; THENCE SOoo24'47"E ALONG THE WEST RIGHT-OF-WAY LINE OF TABOR STREET, A DISTANCE OF 478.93 FEET TO THE TRUE POINT OF BEGINNING. Section 2. Vested Propertv Riahts. Approval of
this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City
of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the
City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the
protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained.
Section 4. 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 affect application to other persons or circumstances. Section 5. Supersession Clause. If any provision, requirements
or standard established by this Ordinance is found to conflict with similar provisions, requirements or standards found elsewhere in the Code of Laws of the City of Wheat Ridge, 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. This Ordinance shall take effect
15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to __ -, on this 14th day of February, 2011 , ordered published in full in a newspaper of
general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for March 14, 2011 , at 7:00 o'clock p.m. , in the Council Chambers, 7500 West
29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this 14th day of March, 2011 . SIGNED by the Mayor on this ___ day
of ________ , 2011 . ATTEST: Michael Snow, City Clerk 1st publication: 2nd publication: Wheat Ridge Transcript Effective Date: Jerry DiTullio, Mayor Approved as to form by City Attorney
Gerald Dahl, City Attorney
'" ~ A ~ r• _ ' City of Wheat RL.dge ITEM NO: ---=L DATE: February 14,2011 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 5-2011 -AN ORDINANCE AMENDING SECTION 2-59 OF THE WHEAT
RIDGE CODE OF LAWS, CONCERNING THE MEMBERSHIP AND POWERS OF THE BUILDING CODE ADVISORY BOARD D PUBLIC HEARING D BIDS/MOTIONS D RESOLUTlONS ISSUE: [gJ ORDlNANCES FOR 1 ST READING 02/1412011
D ORDINANCES FOR 2ND READING 02/28120 II City Manager Consideration of whether the membership and duties of the Building Code Advisory Board should be altered to provide for more flexibility
in reviewing the decisions of the Building OfficiaL PRIOR ACTION: None FINANCIAL IMPACT: The Building Code Advisory Board will likely be required to hold more meetings to accommodate
the appeals permitted by the ordinance. These meetings will result in an incremental increase in associated costs (packet production, building facilities and staffing).
Council Action Form February 14, 20 II Page 2 BACKGROUND: This ordinance concerns the creation and membership of the Building Code Advisory Board (the "Board"). The criteria for decisions
of the Board should be broadened to include economic hardship, within the limitations that such decisions not violate law. This ordinance strengthens the appeal rights of applicants,
allowing decisions of the building official to be overturned even when his ruling correctly reflects the code. In addition the eight person board with a three member quorum creates a
large pool of board members; the low quorum gives the highest likelihood of quick review, minimizing applicant delays. RECOMMENDATION: Adopt Council Bill Number 05-2011, amending Section
2-59 of the Wheat Ridge Code of Laws. RECOMMENDED MOTION: "I move to adopt Council Bill No. 05-2011. an ordinance amending Section 2-59 of the Wheat Ridge Code of Laws concerning the
membership and powers of the Building Code Advisory Board, on first reading, order it published, public hearing set for Monday, February 28, 2011, at 7 p.m. in City Council Cbampers
and that it take effect l5 days after publication. Or, "I move to postpone indefinitely Council Bill No. 05-2011. an ordinance amending Section 2-59 of the Wheat Ridge Code of Laws concerning
the membership and powers of the Building Code Advisory Board for the 'following reason(s) " REPORT PREPi\RED BY: Gerald Dahl, City Attorney ATTACHMENTS: I. Council BiJJ No. 05-2011
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ____ _ Council Bill No. 05 Ordinance No. =-:-:--__ Series 2011 TITLE: AN ORDINANCE AMENDING SECTION 2-59 OF THE WHEAT RIDGE
CODE OF LAWS, CONCERNING THE MEMBERSHIP AND POWERS OF THE BUILDING CODE ADVISORY BOARD WHEREAS, the City of Wheat Ridge ("City") is a home rule municipality having all powers conferred
by Article XX of the Colorado Constitution; and WHEREAS, the City Council has exercised these powers by the adoption of Chapter 2 of the Wheat Ridge Code of Laws ("Code") concerning
administration, and including the creation and membership of a Building Code Advisory Board (the" Board"); and WHEREAS, The City Council wishes to permit flexibility in filling vacancies
on the Board within the constraints imposed by the City's Home Rule Charter and Section 2-53 of the Code; and WHEREAS, the City Council wishes to amend the review criteria applied by
the Board in its decision-making process. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 2-59 of the Wheat Ridge Code
of Laws is hereby amended to read in its entirety as follows: (a) There is hereby established a building code advisory board in order to determine the suitability of alternate materials
and methods of construction and to provide for reasonable interpretation of the provisions of the "INTERNATIONAL Uniform Building Code," AS ADOPTED BY SECTION 5-76 OF THIS CODE. (b)
The building code advisory board shall have the authority and obligation to propose, revise, and annually review provisions for energy conservation in buildings for the city, AND SHALL
HAVE SUCH OTHER DUTIES AS SET FORTH IN THIS CHAPTER. (c) The board shall consist of EIGHT (8) members who are qualified by experience and trained to pass upon matters pertaining to building
construction aM. THE BOARD shall have representatives from the following categories as regular members of the board: one (1) licensed engineer; one
(1) licensed architect; one (1) builder; and two (2) at-large members from fields related to the construction industry. The alternate members of the building code advisory board may
be members from any fields related to the construction industry. ALTERNATES MAY BE APPOINTED TO FILL VACANCIES IN THE REGULAR MEMBERSHIP OF THE BOARD. IN THE EVENT THERE ARE NOT SUFFICIENT
QUALIFIED CANDIDATES FROM THE REQUIRED FIELDS TO FILL ANY VACANCY ON THE BOARD, THE CITY COUNCIL SHALL BE PERMITIED TO APPOINT ANY OTHERWISE QUALIFIED PERSON FROM ONE OF THE OTHER FIELDS
TO FILL SUCH VACANCY. A QUORUM SHALL CONSIST OF THREE (3) MEMBERS INCLUDING ANY ALTERNATE SERVING IN THE ABSENCE OF A REGULAR MEMBER. (d) The board shall have the authority to review
AN APPEAL FROM any written final decision of the chief building inspector Ul30n the written request of the al3l3liGant within ten (10) Elays of the EleGision By filing SUGh al3l3eal
with the BuilEling Elel3artment AT ITS NEXT REGULARLY SCHEDULED MEETING, BUT NOT EARLIER THAN FIVE ((5) DAYS FROM THE DATE OF SUBMISSION OF THE APPEAL. ANY SUCH APPEAL SHALL BE MADE
IN WRITING WITHIN TEN (10) DAYS OF THE FINAL WRITIEN DECISION OF THE CHIEF BUILDING OFFICIAL upon the building division forms designated for such purposes. The board shall not have the
authority to recommend decreasing public safety. or fire resistive stanElarEls set forth in any Gity orElinanGe. Where sl3eGifiG materials, tYl3es of GonstruGtion or fire resistive I3rOl3erties
are requireEl, SUGh requirements shall be the minimum requirements, anEl any materials, tYl3es of GonstruGtion or fire resistive I3roteGtion whiGh will afforEl an equal or greater Elegree
of safety or resistanGe to fire as sl3eGifieEl in Gity orElinanGes may be reGommenEleEl (e) Procedures for hearing of appeals from written decisions of the chief building inspector shall
be pursuant to subsection (d) above. In all hearings the petitioner shall have the opportunity to appear on his own behalf, with or without the assistance of legal counsel, present evidence
in his own behalf, and cross-examine witnesses presented against him. The building inspection division shall be given the opportunity to present evidence at all hearings. (f) The building
code advisory board shall have the authority to promUlgate rules and regulations for the conduct and standards of review to be applied in all appeals to the board from written EleGisions
of the Ghief BuilEling insl3eGtor. (g) THE BOARD SHALL HAVE THE RIGHT TO OVERTURN DECISIONS ON THE BASIS THAT THE DECISION CAUSES UNDUE ECONOMIC HARDSHIP, PROVIDED SUCH DECISION DOES
NOT DECREASE THE PUBLIC SAFETY NOR VIOLATE COUNTY, STATE OR FEDERAL LAW. -2-
(h) THE BOARD MAY PROVIDE, WITH RESPECT TO ANY DECISION MADE BY THE BOARD OR PORTION THEREOF, THAT SUCH DECISION OR PORTION SHALL HAVE GENERAL APPLICABILITY WITHIN THE CITY ON THE MATIERS
THEREIN ADDRESSED, AND THAT THE SAME SHALL CONSTITUTE A REGULATION OF THE BOARD AND OF THE CITY. Section 2. Severability, Conflicting Ordinances Repealed. If any section, subsection
or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, SUbsections and clauses shall not be affected thereby.
All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 3. Effective Date. This Ordinance shall take effect fifteen
(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 14th day of February, 2011,
ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for February 28, 2011 , at 7:00
p.m. , in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _ to _ , this day of , 2011
. SIGNED by the Mayor on this __ day of _____ , 2011. ATIEST: Michael Snow, City Clerk First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Jerry DiTullio, Mayor
Approved as to Form Gerald E. Dahl, City Attorney -3-
'" ~ A ~ ~ _ • City of p WheatRl...dge ITEMNO:~ DATE: February 14,2011 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 06-2011 -A RESOLUTION AMENDING THE FISCAL YEAR 2011 BUDGET
TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR THE RE-APPROPRIATION AND RE-ENCUMBRANCE OF 2010 FISCAL YEAR ENCUMBERED FUNDS IN THE AMOUNT OF $510,348.43 D PUBLIC
HEARING D BIDSIMOTIONS [g] RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR 1ST READING D ORDINANCES FOR 2ND READING DYES [g] NO City Manager There are 55 open purchase orders from
the 20 I 0 budget that need to be carried over into the 2011 budget. Each purchase order is associated with a specific project that was not fully completed in the 20 I 0 fiscal year.
The funds which were encumbered for these purchase orders were transferred to the unreserved fund balance of the relevant fund when the purchase orders were closed. To continue these
projects in 2011, a supplemental budget appropriation in the amount of$510,348.43 is necessary to allow transfer of these funds into specific budget line items in the 2011 Budget. PRIOR
ACTION: None FINANCIAL IMPACT: A supplemental budget appropriation is requested in the amount of$510,348.43. When the purchase orders were closed on December 31 , 2010 the funds encumbered
for those purchase orders were transferred to the unreserved fund balance in each of the funds V:IFormslCAFtemplate
Council Action Form February 14,2011 Page 2 listed below. Therefore, there are adequate funds in the various unreserved fund balances to meet this request and there will not be a net
negative effect to the unreserved fund balances. A detailed list of open purchase orders for 2010 is attached. The funds will be distributed as follows: General Fund Capital Investment
Fund Open Space Fund Conservation Trust Fund Richards Hart Estate Fund Total BACKGROUND: $217,684.45 $ 80,000.00 $203,818.96 $ 845.02 $ 8,000.00 $510,348.43 Swanhorst & Company LLC,
the City's independent auditor, included the following note and recommendation in their 2004 Audit Management Letter dated March 25, 2005: The City currently utilizes encumbrance accounting.
State budget law requires the reappropriation of purchase orders and projects for each new budget year. While the City is a home-rule City and is not required to follow the State law,
current practice throughout Colorado does not include the use of encumbrances. We recommend that the City consider utilizing generally accepted accounting principles (GAAP) for its budgeting
basis. This will allow the City to use a single basis of accounting and simplify the budgeting and accounting processes. City Council adopted the 2004 Comprehensive Annual Financial
Report on August 8, 2005 and approved a motion to direct staff to implement this recommendation. RECOMMENDATIONS: Staff recommends approval of the supplemental budget appropriations.
RECOMMENDED MOTION: "[ move to approve Resolution No. 06-2011 -A resolution amending the Fiscal Year 2011 Budget to reflect the approval of a supplemental budget appropriation for the
re-appropriation and re-encumbrance of the 2010 fiscal year encumbered funds in the amount of$510,348.43 Or, "[ move to postpone indefinitely Resolution No. 06-20 II , a resolution amending
the Fiscal Year 20 II Budget to reflect the approval of a supplemental budget appropriation for the reappropriation and re-encumbrance of the 2010 fiscal year encumbered funds in the
amount of $510,348.43 for the following reason(s) "
Council Action Form February 14,2011 Page 3 REPORT PREPARED AND REVIEWED BY: Heather Geyer, Administrative Services Director Patrick Goff, City Manager A TT ACHMENTS: 1. Resolution No.
06-2011 2. Open Purchase Orders for 20 I 0
TITLE: CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 06 Series of 2011 A RESOLUTION AMENDING THE FISCAL YEAR 2011 BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION
FOR THE RE-APPROPRIATION AND REENCUMBRANCE OF 2010 FISCAL YEAR ENCUMBERED FUNDS IN THE AMOUNT OF $510,348.43 WHEREAS, the City's independent auditor has recommended that the City utilized
generally accepted accounting principles (GAAP) for its budgeting basis which requires all encumbrances to expire at year end; and WHEREAS, 55 open purchase orders from 2010 were closed
on December 31 , 2010;and WHEREAS, to continue these projects in 2011 a supplemental budget appropriation is necessary to transfer the funds from unreserved fund balances to specific
2011 budget line items: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. The City of Wheat Ridge fiscal year 2011 Budget be amended
accordingly, specifically transferring a total of $510,348.43 from the following unreserved fund balances to specific 2011 Budget line items as detailed in the attached spreadsheets:
General Fund Capital Investment Fund Open Space Fund Conservation Trust Fund Richards Hart Estate Fund Total $217,684.45 $ 80,000.00 $203,818.96 $ 845.02 $ 8,000.00 $510,348.43 DONE
AND RESOLVED this 14th day of Februarv 2011. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Attachment 1
PO/LINE General Fund 01-103-650-651 60298/1 01-103-650-651 Description: 01-109-650-660 60127/1 60127/2 60127/3 01-109-650-660 Description: 01-112-700-731 60304/1 01-112-700-731 Description:
01-118-700-774 60287/1 01-118-700-774 Description: 01-120-700-750 59632/1 01-120-700-750 Description: ORDERED 12/29/10 CITY OF WHEAT RIDGE OPEN PURCHASE ORDERS AS OF 12/31/2010 DESCRIPTION
OFFICE SUPPLIES WIDMER T-3 TIME/DATE STAMP TOTAL OPEN QTY 1. 00 OPEN AMT 659 . 00 659.00 ORIG AMT 659.00 VENDOR NO/NAME 19931 DENVER CHECKWRITER, INC . A new date/time stamp needed for
the Finance Division which could not be shipped until early 2011. 03/30/10 03/30/10 03/30/10 OPERATING SUPPLIES FED . AMERICAN EAGLE #AE38B CCI BLAZER .357 MAGNUM #3542 .45 ACP FEDERAL
CLASSIC #45D TOTAL Ammunition for Municipal court security. 12/31/10 WELLNESS PROGRAM SCREENING /ASSESSMENT TOTAL 1. 00 1. 00 2.00 1. 00 Funds to cover the costs of Wellness Screenings
for 2011. 12/17/10 FACILITY REPAIR & MAINT. 13' PLATE RAIL COUNCIL ROOM TOTAL 1. 00 .00 .00 454.00 454.00 1,931.02 1,931.02 1,025.00 1,025.00 174.00 226.00 454.00 1,931.02 1 , 025.00
22923 ULTRAMAX AMMUNITION 22923 ULTRAMAX AMMUNITION 22923 ULTRAMAX AMMUNITION 30334 LIFE HEALTH 30449 MIKE INGRAM Funds for second Carnation Festival plate rail in Council Chambers.
Item could not be shipped in 2010 . 12/05/08 PROFESSIONAL SERVICES CONSULT CONVERT LAND DATABASE TOTAL . 00 900.00 900 . 00 2,200.00 29929 THOMAS BLACK Market consultant and visual preference
survey for 38th Avenue, projected completion date October 2011 . Attachment 2 Page 1
CITY OF WHEAT RIDGE OPEN PURCHASE ORDERS AS OF 12/31/2010 PO/LINE ORDERED DESCRIPTION OPEN QTY OPEN AMT ORIG AMT VENDOR NO/NAME 01-123-700 -750 PROFESSIONAL SERVICES 60274/1 12/31/10
38TH AVENUE CORRIDOR STUDY 1. 00 67,250.00 67,250.00 30458 ENTELECHY, LLC 01-123-700-750 TOTAL 67,250.00 Description: Consulting services to facilitate community input meetings for 38
th Avenue, 38th Avenue Traffic Study and Roadway design alternatives analysis. 01-201-800-802 OFFICE FURN & EQUIP 60280/1 12/13/10 CHAIRS 5 EACH CONCIEVE FABRIC 1. 00 733.00 1,465.00
29694 BC INTERIORS 01-201-800 -802 TOTAL 733 . 00 Description: Equipment ordered in 2010 and shipped in 2011. 01-207-650-657 RANGE SUPPLIES 59983/1 12/02/09 PART#24448 64 GR GDSP 20CT
7.00 . 00 1,673 . 00 22923 ULTRAMAX AMMUNITION 59983/2 12/02/09 PART#XM193 55 GR FMJ MILITARY 40.00 . 00 5,440 . 00 22923 ULTRAMAX AMMUNITION 59983/3 12/02/09 PART#45D 230 GR HI-JHP
50CT 10.00 2,220.00 2,220 . 00 22923 ULTRAMAX AMMUNITION 59983/4 12/02/09 PART#AE40Rl 180 GR FMJ 50CT 10 . . 00 .00 1,960 . 00 22923 ULTRAMAX AMMUNITION 59992/1 12/11/09 BC9NT3 100 GR
CQT FRANGIBLE 3.00 .00 969 . 00 22923 ULTRAMAX AMMUNITION 59992/2 12/11/09 BC40CTl 125 GR RHT FRANGIBLE 5 . 00 1 , 660.00 1,660 . 00 22923 ULTRAMAX AMMUNITION 59992/3 12/11/09 BC45CTl
155 GR RHT FRANGIBLE 5.00 .00 1,635.00 22923 ULTRAMAX AMMUNITION 60153/1 05/05/10 . 40 S&W 180GR FMJ #AE40Rl 12 . 00 . 00 2,352.00 22923 ULTRAMAX AMMUNITION 60153/2 05/05/10 .45 ACP
230 GR. FMJ #AE45A 12 . 00 2,736 . 00 2,736.00 22923 ULTRAMAX AMMUNITION 60282/1 12/13/10 #53617 SPEER GOLD DOT 9MM 1. 00 288.00 288 . 00 22923 ULTRAMAX AMMUNITION 60282/2 12/13/10 #53962
SPEER GOLD DOT .40 S&W 4 . 00 1 , 240.00 1,240 . 00 22923 ULTRAMAX AMMUNITION 60282/3 12/13/10 #53966 SPEER GOLD DOT .45 ACP 2.00 684.00 684.00 22923 ULTRAMAX AMMUNITION 60282/4 12/13/10
#53920 SPEER GOLD DOT .357 MAG 1. 00 545.00 545 . 00 22923 ULTRAMAX AMMUNITION 60285/1 12/16/10 #24448 SPEER .223 GOLD DOT 4 . 00 976.00 976 . 00 22923 ULTRAMAX AMMUNITION 60285/2 12/16/10
#BC9NT3 FEDERAL FEDERAL 9MM 100 GRAIN 2.00 646.00 646.00 22923 ULTRAMAX AMMUNITION 60285/3 12/16/10 BC40CTl FEDERAL . 40 S&W 5.00 1 , 660.00 1,660.00 22923 ULTRAMAX AMMUNITION 60285/4
12/16/10 BC45CTl FEDERAL .45 ACP 5.00 1,635.00 1,635.00 22923 ULTRAMAX AMMUNITION 60285/5 12/16/10 #AE9AP FEDERAL 9MM 5.00 745.00 745.00 22923 ULTRAMAX AMMUNITION 60285/6 12/16/10 #AE40Rl
FEDERAL . 40 S&W 10.00 1,960.00 1,960 . 00 22923 ULTRAMAX AMMUNITION 60285/7 12/16/10 #AE45A FEDERAL .45 ACP 5.00 1,140.00 1,140.00 22923 ULTRAMAX AMMUNITION Page 2
PO/LINE ORDERED 60285/8 12/16/10 01-207 -650-657 CITY OF WHEAT RIDGE OPEN PURCHASE ORDERS AS OF 12/31/2010 DESCRIPTION OPEN QTY #XM193 FEDERAL MILITARY .223 30.00 TOTAL OPEN AMT 4,080.00
22,215.00 ORIG AMT 4,080 . 00 VENDOR NO/NAME 22923 ULTRAMAX AMMUNITION Description: (ULTRAMAX) Ammunition takes between two and eighteen months to ship. Unknown delivery date. Opticsplanet.com
equipment is backordered . Anticipate receipt by March with payment following . 01-211-700-730 60237/1 01-211 -700-730 Description: 01-211 -700-776 60249/1 60249/2 01-211-700-776 Description:
01-302-700-750 60007/1 01-302-700-750 Description: 01-603-800-812 59728/1 59996/1 60116/1 01-603-800-812 Description: 09/27/10 UNIFORMS & PROT. CLOTHING TACTICAL VESTS SPECIAL ORDER
TOTAL Equipment ordered but not received until 2011. 10/13/10 10/13/10 OTHER EQUIP. MAINT. 11.5 BARREL ASSEMBLY SHIPPING TOTAL Equipment ordered but not received until 2011 . 11/01/10
PROFESSIONAL SERVICES ACCESS UPDATE/PROJECT TRACKING TOTAL 3.00 4.00 1. 00 1. 00 1,560.00 1,560.00 1,676.00 52.00 1,728 . 00 1,500.00 1,500.00 Records retention/scanning project. Work
will be completed in 2011. 12 /31/08 12/16/09 03/08/10 BUILDING IMPROVEMENTS MATCHING GRANT FUND BAUGH FND ALARM SERVICES FOR BAUGH HOUSE BAUGH HOUSE MECHANICAL ENG SVC TOTAL .00 1.
00 .00 Baugh House restoration work to be completed in early 2011 . 11,451.21 2,422.22 412.00 4,285 .43 8,385.00 1,676.00 52 . 00 1,500.00 45,000.00 6,581.79 6,500.00 9460 NEVE'S UNIFORMS,
INC . 29868 DPMS PANTHER ARMS 29868 DPMS PANTHER ARMS 29929 THOMAS BLACK 22233 VARIOUS VENDORS 22249 DAILEY SERVICES 30270 SEWARD MECHANICAL SYSTEMS Page 3
CITY OF WHEAT RIDGE OPEN PURCHASE ORDERS AS OF 12/31/2010 PO/LINE 01-605-700-774 60292/1 01-605 -700-774 Description: 01-624-800-812 60286/1 01-624-800-812 ORDERED 12/23/10 DESCRIPTION
FACILITY REPAIR & MAIN TRAIL SIGNS TOTAL OPEN QTY 1.00 Order in 2010 and to be shipped in 2011 . 12/16/10 BUILDING IMPROVEMENTS ENERGY AUDIT & IMPROVEMENT AAC 1.00 TOTAL OPEN AMT 5,704.00
5,704.00 97,740 . 00 97,740.00 Description: Active Adult Center work started in 2010 and will be completed in 2011. TOTAL 01 GENERAL FUND Capital Improvement Program (CIP) 30-303-800-884
60009/1 60009/2 60016/1 30-303-800-884 05/14/10 05/14/10 11/22/10 217,684.45 PREVENTATIVE MAINT STREET MAINTENAN 2010 OVERLAY PROGRAM CONTRACT 1. 00 .00 2010 OVERLAY CONTINGENCY .00
2,000 . 00 WADSWORTH MEDIAN 1. 00 78,000.00 TOTAL 80,000.00 ORIG AMT 5,704 . 00 97,740.00 729,979.08 72,998.00 78,000.00 VENOOR NO/NAME 30267 VISUAL PRODUCTS CORP 22233 VARIOUS VENDORS
21376 BRANNAN SAND & GRAVEL 21376 BRANNAN SAND & GRAVEL 22233 VARIOUS VENDORS Description: #60009 -Holding $2,000 of retention due to claim from sub contractor. This PO should be released
in January 2011. #60016-City will be receiving full reimbursement from COOT for the Wadsworth sidewalk project to be built early this year. TOTAL 30 CAPITAL PROJECT FUND BO,OOO.OO Page
4
PO/LINE Open Space Fund 32-601-800-862 59893/1 59894/1 59997/2 59997/4 59998/1 60085/1 60087/1 60087/2 60167/1 32-601-800-862 Description: CITY OF WHEAT RIDGE OPEN PURCHASE ORDERS AS
OF 12/31/2010 ORDERED DESCRIPTION OPEN QTY OPEN AMT ORIG AMT VENDOR NO/NAME PARKS IMPROVE & DEVELOP PARKS & REC 10/16/09 ITB-09-29 WILDLIFE BOARDWALK 1. 00 16,339 . 13 144,966 . 00 29696
IBEC CONSTRUCTION 10/16/09 ITB-09-29 BRDWALK CONTINGENCY 1. 00 153 . 25 14,000.00 22233 VARIOUS VENDORS 12/16/09 CONSTRUCTION 38TH&KIPLING PARK 1. 00 .00 551,000.00 53016 GOLDEN TRIANGLE
CONSTRUCTI 12/16/09 ADD 2010 FUNDING LINE 2 1. 00 116,810.80 272,888.00 53016 GOLDEN TRIANGLE CONSTRUCTI 12/16/09 CONTINGENCY FUNDS 38TH&KIPLING 1. 00 57,001 . 68 100,000.00 22233 VARIOUS
VENDORS 12/31/09 ELECTRICAL SERVICES/BAUGH HSE 1. 00 2 ,137.60 4,276.00 30285 ALWAYS BEST CHOICE ELECTRI 12/31/09 BAUGH HOUSE RESTORATION 1. 00 2,476 . 50 91,104.00 23047 HISTORICAL
APPLICATIONS IN 12/31/09 ADD FUNDS SEE MEMO .00 .00 3,610.00 23047 HISTORICAL APPLICATIONS IN OS/25/10 DESIGN/BUILD PARK SIGNS 1. 00 8,900.00 25,000.00 30267 VISUAL PRODUCTS CORP TOTAL
203,818 .96 #59893 -final payment has not been made to this vendor which will be paid in Feb 2011. #59894 -final payment has not been made for Watchable Wildlife Boardwalk project which
will be paid in Feb 2011. #59998 -various vendors for the Discovery Park project will be paid in Feb 2011, work was not completed in 2010. #60085 -electrical work for the Baugh House
which should be completed in 2011. #60087 -Baugh House restoration work will be completed in 2011. #60167 -updated park signage work has not yet been completed
and will be in 2011. TOTAL 32 OPEN SPACE FUND 203,818.96 Richards Hart Estate Fund 35-601-800-890 60288/1 35-601-800-890 Description: 12/17/10 RICHARS/HART EST IMPROVEMENTS 75 FABRIC
STACKING CHAIRS TOTAL Equipment ordered in 2010 and shipped in 2011. TOTAL 35 RICHARDS HART IMP FUND 1. 00 8,000.00 8,000.00 8,000.00 8,000.00 30450 BERTOLINI Page 5
PO/LINE ORDERED Conservation Trust Fund 54-601-800-862 59790/1 59997 /1 59997/3 54-601 -800-862 04/14/09 12/16/09 12/16 /09 CITY OF WHEAT RIDGE OPEN PURCHASE ORDERS AS OF 12/31/2010
DESCRIPTION OPEN QTY OPEN AMT ORIG AMT PARKS IMPROVE & DEVELOP PARKS & REC BAUGH HSE INTERIOR RESTORATION 1. 00 845.02 9,300.00 CONSTRUCTION 38TH&KIPLING PARK 1. 00 .00 389,755 . 00
ADD 2010 FUNDING LINE 1 1. 00 .00 300,245.00 TOTAL 845.02 VENDOR NO/NAME 21727 ANDREWS & ANDERSON, P.C. 53016 GOLDEN TRIANGLE CONSTRUCT I 53016 GOLDEN TRIANGLE CONSTRUCT I Description:
Baugh House project is 95 percent complete . Discovery Park final payment pending. Work did not get completed in 2010. TOTAL 54 CONSERVATION TRUST FUND 845.02 *** GRAND TOTAL *** 510,348
. 43 Page 6
, . , ~' _ • City of p WheatRL.dge ITEMNO: ~ DATE: February 14,2011 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE PAYMENT OF MURRAY DAHL KUECHENMEISTER & RENAUD LLP JANUARY
2011 INVOICES FOR LEGAL SERVICES IN THE AMOUNT OF $17,889.26 o PUBLIC HEARING C8J BlDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING o ORDINANCES FOR 2ND READING QUASI-JUDICIAL:
DYES C8J NO City Attorney City Manager ISSUE: Request to approve the January, 2011 invoices for legal services received from Murray Dahl Kuechenmeister & Renaud LLP (MDKR). The MDKR
services for the month of January exceed the $15,000 limit on manager-approved expenditures; thus requiring Council approval. FINANCIAL IMPACT: MDKR is within the estimated budget for
legal services as projected in the 20 II budget. RECOMMENDATIONS: Staff recommends approval of the invoices. RECOMMENDED MOTION: "I move to approve payment of the January 20 II invoices
for legal services in the amount of $17,889.26 payable to Murray Dahl Kuechenmeister & Renaud LLP." Or, Or, V:IFormsICA Ftemplate
Council Action Form February 14, 2011 Page 2 "I move to table indefinitely the payment of the January 2011 invoices for legal services in the amount of $17,889.26 payable to Murray Dahl
Kuechenmeister & Renaud LLP, for the following reason(s) " REPORT PREPAREDIREVIEWD BY: Gerald Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: I. January 2011 MDKR Invoices
Murray Dahl Kuechenmeister & Renaud LLP Attorneys at Law 1530 16th Street, Suite 200 Denver, CO 80202 Ph: 303-493-6670 Fax:303-477-0965 City of Wheat Ridge 7500 West 29th Ave. Wheat
Ridge, CO 80033 Attention: City Manager Matter Description 53027 City Attorney: General 53027.17 1-70 Dev. -Cabela's 53027.2 Municipal Court 53027.3 Personnel & Litigation 53027.6 WRURA
53027.9 Housing Authority Totals: Attachment 1 Fees $11,238.00 $2,296.00 $ 1,919.00 $966.25 $502.50 $802.50 $17,724.25 Disbs $130.22 $ 16.35 $1.90 $16.54 $0.00 $0.00 $165.D1 Jan 31,
2011 Total $11,368.22 $2,3 12.35 $1,920.90 $982.79 $502.50 $802.50 $17,889.26
, • < .' _ r City of. pWheat~dge ITEMNO:~ DATE: February 14,2011 REQUEST FOR CITY COUNCIL ACTION ~ ~ ~ TITLE: MOTION TO RATIFY MAYORAL APPOINTMENT TO RENEWAL WHEAT RIDGE o PUBLIC HEARING
~ BIDS/MOTIONS o RESOLUTIONS QUASI-JUDICIAL: ~ City Clerk ISSUE: o ORDINANCES FOR I ST READING o ORDINANCES FOR 2 ND READING o YES ~ NO City Manager The members of Renewal Wheat Ridge
(RWR) are appointed by the Mayor and ratified by City Council. There is a vacancy in District I. Jesse Hill has submitted an application to serve on Renewal Wheat Ridge. Mayor DiTullio
is recommending that Jesse be appointed as the District I representative, term to expire, November, 2013. PRIOR ACTION: Jesse has served on the Building Code Advisory Board. FINANCIAL
IMPACT: None BACKGROUND: Members of the R WR Board are appointed by the Mayor and ratified by City Council. RECOMMENDATIONS: Mayor DiTullio is recommending that Jesse Hill be appointed
to the Renewal Wheat Ridge Board, representing District I. V :IFormslCA Ftemplate
Council Action Form February 14, 2011 Page 2 RECOMMENDED MOTION: "1 move to ratify the District { Mayoral appointment of Jesse Hill to the Renewal Wheat Ridge Board, term to expire November,
2013." Or "{ move to deny the appointment of Jesse Hill to the Renewal Wheat Ridge Board for the following reason( s) " REPORT PREPARED BY: Janice Smothers, Administrative Assistant
to the Mayor and City Council Michael Snow, City Clerk ATTACHMENTS: I. Jesse Hill application
Cily o r 'Wheatl~ge Board and Commission Application APPLICATION FOR APPOINTMENT TO THE: R E" N EWA ~ 'WH f..A' P-zo<;,E (Board/ComUllssioll/Committee) DlSTRICT:__l ______ HOW LONG HAVE
YOU BEEN A RESLDENT OF WHEAT RmGE:~YU~5 ARE YOU A REGISTERED VOTEn'! -!.Y..1. '5: :..:'-----WHY ARE YOU SEEKING THIS APPOINTMENT? To flU..-£. My DO YOU HAVE EXPERIENCE L"l THIS AREA?
Yes, ~ H .. v E e. fUfe,,<£. II'-' 1..110"6£ ,c/4"E. fAo~£''fS .. 2oVf..I-''. P"'''Y~'''61 /£'DJoIt>,..p... D6-..,l-.... f'_E,...~1 6"'$l..l>~"'c; aDes /" f I-~~O If~'''''"L'''''''cA!-0
evE~.r"F-"'t HAVE YOU EVEn SEnVED, OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITTEE AND IF SO, WHlCH ONE? HOW LONG? ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATTENDENCE
OR DUTlES?_~....:O,--________ _ SIGNATURE ~ ~ /" ( PRINT NAME JES5E HJ:Lt--ADDRESS 2.'1'15 c.H",re 'iT.,, ""HE-itT p.u.e., <:'0 '/D~I" HOME PHONE 3 0 3 -7 2-5 -GlS}o BUSINESS PHONE I
oJ -ns -q 'lo E-MAIL ADDRESS JEsf!!@'" (3c.HTel< · Co "" APPLICA nON WILL BE KEPT ON FILE .FOR FOR ONE YEAR City Clerk's Office, 7500 W. 29'h Ave., Wheat Ridge CO 80033 Attachment 1