HomeMy WebLinkAboutCouncil Packet 06/27/2011
6:30 p.m. Pre-Meeting CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING June 27.2011 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 June 13. 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 .1. Council Bill 15-2011 -temporarily waiving two cents of the City's Sales Tax within the Boundaries of the Longs Peak Metropolitan District. 2. Council Bill 21-2011
-reappointing Presiding Municipal Judge Christopher Randall, increasing his hourly compensation and approving a Presiding Municipal Judge Services Agreement. ORDINANCES ON FIRST READING
Council Bill 22-2011 -approving the Comprehensive rezoning of property along the Wadsworth Corridor between W. 35th and W. 45th Avenues to the Mixed UseCommercial (MU-C) Zone District
(Case No. WZ-11-03)
CITY COUNCIL AGENDA: June 27,2011 Page -2-DECISIONS, RESOLUTIONS, AND MOTIONS 4. Motion to award RFP-11-26 to Ennovate Corporation in the amount of $97,740 for technical energy audit
and improvement for the Active Adult Center. Q. Motion to award RFP-11-07 Right-of-Way (ROW) Maintenance Services to Terracare Associates, LLC, Centennial, Colorado, in the amount of
$53,920. 6. Resolution 20-2011 -amending the Fiscal Year 2011 General Fund Budget to reflect the approval of a Supplemental Budget Appropriation in the amount of $4,000 for the acceptance
of a Grant from Xcel Energy Foundation/Colorado Tree Coalition for the purpose of purchasing trees and tree supplies. 7. Motion to approve award of RFP-11-23 for Connections Newsletter
Design and Print Services to Mile High Newspapers in an amount not to exceed $24,260. CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT
CITY OF WHEAT RIDGE, COLORADO June 13, 2011 Mayor DiTullio called the Regular City Council Meeting to order at 7:00 p.m. Council Members present: Karen Adams, Davis Reinhart, Joseph
DeMott, Karen Berry, Joyce Jay, Wanda Sang and Mike Stites. Also present: City Clerk, Michael Snow; City Treasurer, Larry Schulz; City Manager, Patrick Goff; Public Works Director, Tim
Paranto; City Attorney, Gerald Dahl; Police Chief, Dan Brennan; Community Development Director, Kenneth Johnstone; staff and interested citizens. Council Member Langworthy was absent.
APPROVAL OF MINUTES OF May 23, 2011 Motion by Mr. Stites for approval of the Minutes of May 23, 2011 ; seconded by Mrs. Adams; carried 6-0-1 with Mr. Reinhart abstaining due to his absence.
PROCLAMATIONS AND CEREMONIES Mayor DiTullio awarded the Colfax Marathon Relay Award team members to Davis Reinhart, Patrick Goff, Jerry Dahl, Betsy Sailor, and Sarah DiTullio. Medals
for their participation in the race were awarded. The Wheat Ridge team finished ih in their municipal category and 74th overall. CITIZENS' RIGHT TO SPEAK Chad Harr spoke on behalf of
Wheat Ridge Cultural Commission who along with Wheat Ridge Parks and Recreation, LiveWell Wheat Ridge, and Wheat Ridge 2020 will host the first ever discover Wheat Ridge garden tour.
This event takes place on Sunday, June 26th starting at Richard Harts Estate, rain or shine. Tickets may be purchased the day of event for $10 each. Britta Fisher, Executive Director
of Wheat Ridge 2020 announced the next LiveLocal Event to take place July 14th, 2011, 7-9pm at Dairy Queen. Wheat Ridge 2020 is also co-sponsoring a Candidate Education Night along with
the Jefferson County Association of Realtors (JCAR) and The White House Project to provide information and training for anyone interested in running for elected office in the City of
Wheat Ridge. Wheat Ridge City Clerk, Michael Snow, will also attend and provide valuable information on technical and legal requirements for candidates. The event will take place on
Tues June 28th, 2011 from 6-8pm at 950 Wadsworth Blvd. at the JCAR office.
City Council Minutes June 13, 2011 Page 2 APPROVAL OF AGENDA Council gave unanimous consent to add to the agenda, Item 10, Extension of City Manager contract for one month. 1. CONSENT
AGENDA A. Resolution 14-2011 -amending the Fiscal Year 2011 General Fund Budget to reflect the approval of a Supplemental Budget Appropriation in the amount of $3,635 for the renewal
of the WRTVS Community Bulletin Board Software for 2011 . B. Resolution 17-2011 -approving an Intergovernmental Agreement between Jefferson County and the City of Wheat Ridge for inclusion
of the City as part of the Urban County for the County's Entitlement to receive Community Development Block Grant Funds. C. Resolution 1S-2011 -approving a contract with the City of
Edgewater for the maintenance of streets that are common to both cities. Consent Agenda was introduced and read by Mrs. Adams. Motion by Mrs. Adams for approval of the Consent Agenda;
seconded by Mr. Stites; carried 7-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Council Bill 20-2011 -amending Chapter 5 of the Code of Laws concerning the regulation of Hoop
Houses. Mayor DiTullio opened the public hearing. Council Bill 20-2011 was introduced on second reading by Mrs. Jay. City Clerk Michael Snow assigned Ordinance No. 1494. No staff report
was provided. No citizens were present to speak on the issue. Mayor DiTullio closed the public hearing. Motion by Mrs. Jay to approve Council Bill 20-2011 (Ordinance 1494) on second
reading and that if take effect 15 days after final publication; seconded by Mr. Reinhart; carried 7-0.
City Council Minutes June 13, 2011 Page 3 3. Council Bill 15-2011 -temporarily waiving the City's Two-Cent Sales Tax within the Boundaries of the Longs Peak Metropolitan District. (Public
Hearing continued from April 25, 2011) Public Hearing was continued from the meeting of May 23rd , 2011. Council Bill 15-2011 had been previously assigned Ordinance No. 1490. Motion
by Mr. Stites to continue the hearing of Council Bill 15-2011, Series 2011 temporarily waiving the City's Two-Cent Sales Tax within the Boundaries of the Longs Peak Metropolitan District
until June 27,2011 at 7:00 p.m. in the City Council Chambers; seconded by Mrs. Adams; carried 7-0. ORDINANCES ON FIRST READING 4. Council Bill 21-2011 -reappointing Presiding Municipal
Judge Christopher Randall, increasing his hourly compensation and approving a Presiding Municipal Judge Services Agreement. Council Bill 21-2011 was introduced on first reading by Mr.
Stites. Motion by Mr. Stites to approve Council Bill No. 21-2011, on first reading, order it published, public hearing set for Monday, June 27th at 7:00 p.m. in City Council Chambers
and that it take it effect upon adoption at second reading; seconded by Mr. Reinhart; carried 7-0. DECISIONS, RESOLUTIONS, AND MOTIONS ~ Resolution 15-2011 -adopting a Debt Policy and
Unrestricted Fund Balance Policy. Resolution 15-2011 was introduced by Mrs. Jay. Motion by Mrs. Jay to approve Resolution 15-2011, a resolution embracing the City's financial stability
and unrestricted fund balance with the following amendment: That spending below the targeted 25% unrestricted fund balance will require a majority vote of City Council unless such use
reduces the balance below the 17% level, in which case approval would require a super-majority vote of Council; seconded by Mrs. Sang; carried 6-1 with Mr. DeMott voting No.
City Council Minutes June 13, 2011 Page 4 Q. Resolution 16-2011 -amending the Fiscal Year 2011 General Fund Budget to reflect the approval of a Supplemental Budget Appropriation in the
amount of $40,000 for the Wheat Ridge Business District (WRBD) Revitalization Incentive Grant Program. Motion by Mr. DeMott to approve Resolution 15-2011 ; seconded by Mr. Stites; Janeece
Hoppe spoke in support of funding for Business District grant program as an appointed member of the Wheat Ridge Business District emphasizing the program provides matching grant funds
to businesses throughout the City, not just along 38th Avenue. Ms. Hoppe reported the District has issued 12 grants in the past year for a total grant amount of $72,244 for a total estimated
project cost of $632,662. Another six grants are pending award with the district. Ms. Hoppe decided to locate her current business in the City of Wheat Ridge partly due to the availability
of these grants and believes the program is an effective means to improve the business community and attract other strong businesses. John Marriott, chairperson of Wheat Ridge Business
District, emphasized the importance of the district's role as the economic development program for the City. He encouraged Council further support their programming by approval of the
proposed funding from the City of Wheat Ridge to the Business District. However, he asked Council, rather than trying to manage the program from the City Council, to continue utilizing
the voice of the Council-appointed citizens and Council membership on the District board to appropriately direct the use of the District's funding. Motion by Mr. Reinhart to amend Resolution
16-2011 with the following conditions: Prior to the release of funds the Wheat Ridge Business District will provide the city manager with: 1. A full accounting of the prior expenditures
including log of funds received, the amount, names and addresses of prior grants, administrative fees and current balance. 2. A written statement from the business district board agreeing
to the following conditions: a. Maximum grant award i. $3,000 cap for a sign ii. $6,000 cap for a fac;ade iii. $2,000 cap for architectural design b. Applicant shall always spend funds
equal to or greater than the Business District Grant. c. No more than two grants may be made to anyone land owner or their immediate family member. Seconded by Mrs. Jay;
City Council Minutes June 13, 2011 Page 5 Motion to further amend the resolution by Mr. Reinhart to allow a 10% increase to the previously stated grant caps if the project uses Wheat
Ridge contractors, in accordance with current Wheat Ridge Business District practice; seconded by Mrs. Jay; fails 4-3 with Council Members Berry, Jay and Reinhart voting Yes. First amendment
to Resolution 16-2011 by Mr. Reinhart carried 4-3 with Council Members DeMott, Stites and Sang voting No. Motion by Mr. Stites to amend Resolution 16-2011, increasing the funding amount
from $40,000 to $75,000; seconded by Mrs. Sang; Mr. Marriott answered Council questions pertaining to the backlog of funding requests for grant funds, as justification for the increase
in City funding. The District has recently approved two additional grants, bringing the funding balance to zero. Month by month requests cannot be foreseen. They expect the same pace
of requests as in the past, with an increase expected over the construction season. Amendment by Mr. Stites failed 4-3 with Council Members DeMott, Stites and Sang voting Yes. Ms. Berry
called the question; call failed 4-3 with Council Members Berry, Adams, Jay and Reinhart voting Yes. Motion by Mr. Stites to reconsider the vote on Mr. Reinhart's second amendment to
the Resolution; seconded by Mr. DeMott; carried 4-3 with Council Members Berry, Adams and Sang voting No. Motion by Mr. Stites to amend Resolution 16-2011 allowing an additional 10%
grantfor applicants using Wheat Ridge contractors or businesses; seconded by Mr. Reinhart and Mrs. Sang; carried 5-2 with Council Members Berry and Adams voting No. Motion by Mr. Stites
to amend Resolution 16-2011 increasing the funding amount from $40,000 to $55,000; seconded by Mr. DeMott; carried 4-3 with Council Members Berry, Adams and Jay voting No. Main motion
to approve Resolution 16-2011 as amended carried 6-1 with Mrs. Sang voting No. L Resolution 19-2011 -approving the Jefferson County Multi-Jurisdictional, MultiHazard Mitigation Plan.
Motion by Ms. Ms. Berry to approve Resolution 19-2011; seconded by Mr. DeMott; carried 7-0.
City Council Minutes June 13, 2011 Page 6 8. Motion to award RFB-11-21, for the purchase of a Street Sweeper, to OJ Watson, Denver, Colorado, at a total cost of $157,300. Motion by Mr.
DeMott to award RFB-11-21, for the purchase of a Street Sweeper, to OJ Watson, Denver, Colorado, at a total cost of $157,300; seconded by Mrs. Jay; carried 5-2 with Council Members Stites
and Sang voting No. ~ Motion to approve appointment of Amanda Deerr to the Parks and Recreation Commission -District I. Motion by Mr. Reinhart to appoint Amanda Deerr to the Parks and
Recreation Commission -District I, term to expire March 2, 2013; seconded by Ms. Berry; carried 7-0. 10. Motion to extend the employment contract for the City Manager. Motion by Mrs.
Jay to extend the current employment contract for the City Manager for a period of one month beyond its current expiration date; seconded by Mr. Reinhart; carried 7-0.
City Council Minutes June 13, 2011 Page 7 ELECTED OFFICIALS' MATTERS Mr. Snow announced the participation of the Clerk's Office in the June 28th Candidate's Education Night sponsored
by Wheat Ridge 2020, The White House Project and Jefferson County Association of Realtors. The Potential Candidate's Forum currently scheduled by the Clerk's Office for July th will
be rescheduled to a date later in July and will provide more in-depth information on the legal and organizational requirements for a campaign. All citizens interested in running for
office or their campaign officers are encouraged to attend these events. EXECUTIVE SESSION City Manager Evaluation Executive Session was not held due to the Council's temporary extension
of the City Manager's employment contract. Meeting adjourned at 8:00p.m. Michael Snow, City Clerk APPROVED BY CITY COUNCIL ON June 27, 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.
City of ? WheatRL-dge ITEM NO: I. DATE: June 27, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 15-2011 AN ORDINANCE TEMPORARILY WAIVING THE CITY'S TWO-CENT SALES TAX WITHIN
THE BOUNDARIES OF THE LONGS PEAK METROPOLITAN DISTRICT ~ PUBLIC HEARING D BIDSIMOTIONS D RESOLUTIONS QUASI-JUDICIAL: City Attorney ISSUE: D ORDINANCES FOR 1 ST READING 04/11 /2011 ~
ORDINANCES FOR 2ND READING 06/27/2011 D YES ~ NO ), Ordinance temporarily waiving two cents of the City'S retail sales tax within the boundaries of the Longs Peak Metropolitan District.
PRIOR ACTION: None FINANCIAL IMPACT: The waiver of a portion of the City sales tax is intended to be temporary only and not a change in the City's tax policy. The waiver only affects
sales within the Longs Peak Metropolitan District. The waiver will not affect current revenues, as there are presently no retail uses within the boundaries of the District.
CouncifAction Fonu June 27, 2011 Page 2 BACKGROUND: The Longs Peak Metropolitan District is obligated, by the tenus of an Intergovernmental Agreement with the City, to construct certain
public improvements for the Cabela's development, which improvements will be of benefit to residents of and visitors to the City. In order to fund construction of the public improvements,
the District has agreed to impose certain public improvement fees (of2 cents and 0.6 cents) on transactions which are also subject to sales taxation by the City. As an inducement to
the imposition by the District of the public improvement fees and construction of the improvements, this ordinance will temporarily waive two cents ($0.02) of the City sales tax on taxable
retail sales transactions within the boundaries of the District. RECOMMENDATION: Move to continue public hearing to July 11,2011. RECOMMENDED MOTION: "I move to continue the hearing
on Council Bill No. 15-2011, Series 2011, an ordinance temporarily waiving two cents of the City's sales tax within the boundaries of the Longs Peak Metropolitan District until July
11,2011 at 7 p.m. in City Council Chambers." Or: I move to table indefinitely Council Bill No. 15-20 II, an ordinance temporarily waiving two cents ofthe City's sales tax within the
boundaries of the Longs Peak Metropolitan District for the following reasons " REPORT PREPARED BY: Gerald Dahl, City Attorney ATTACHMENTS: I. Ordinance No. 15-2011
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STITES Council Bill No. 15 Ordinance No. 1490 Series 2011 TITLE: AN ORDINANCE TEMPORARILY WAIVING TWO CENTS OF THE CITY'S SALES
TAX WITHIN THE BOUNDARIES OF THE LONGS PEAK METROPOLITAN DISTRICT WHEREAS, the City of Wheat Ridge currently imposes a sales tax of three percent (3.0%) or three cents ($0.03) on every
$1 .00 of all taxable retail sales within the City pursuant to Article I of Chapter 22 of the Wheat Ridge Code of Laws; and WHEREAS, the City, acting by its City Council, has, prior
to the effective date of this Ordinance, approved an "Amended and Restated Intergovernmental Agreement Between the City of Wheat Ridge, Colorado and the Longs Peak Metropolitan District,"
(the "Intergovernmental Agreement"), which Agreement provides, among other things, for the issuance by the District of bonds for the purpose of raising funds to construct certain public
improvements within the boundaries of the District; and WHEREAS, all the real property within the District is also located within the boundaries of the City; and WHEREAS, the Longs Peak
Metropolitan District is obligated by the terms of the Intergovernmental Agreement to construct the public improvements, which improvements will be of benefit to residents of and visitors
to the City; and WHEREAS, the Intergovernmental Agreement provides for payment of debt service on the bonds with two separate public improvement fees of two cents ($.02) ("Credit PIF")
and six-tenths of one cent ($0.006)("Add-on PIF") respectively, imposed by private covenant on retail sale transactions within the boundaries of the District, which transactions are
also subject to sales taxation by the City; and WHEREAS, as an inducement to the imposition by the District of the public improvement fees, the City has or will agree in the Intergovernmental
Agreement to temporarily waive two cents ($0.02) of its sales tax on every $1 .00 of taxable retail sales transactions within the boundaries of the District; and WHEREAS, temporary waiver
by the City of this portion of its imposed sales tax will facilitate construction of the needed public improvements and be of great benefit to the City, its residents and visitors; and
WHEREAS, the waiver of this portion of the City sales tax is intended to be temporary only and not a change in the City's tax policy within the meaning of applicable law. Attachment
1
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Recitals incorporated. The foregoing recitals are fully incorporated herein by this
reference. Section 2. Temporarv waiver of sales tax rate. Two cents ($0.02) of the current three cents ($.03) sales tax imposed by Section 22-56 of the Wheat Ridge Code of Laws, as such
section may be renumbered or re-codified from time to time, is hereby temporarily waived with respect to taxable retail sales transactions taking place within the boundaries of the Longs
Peak Metropolitan District, as those boundaries may be adjusted from time to time. This temporary waiver of two cents ($0.02) shall not limit the City's right to change its citywide
sales tax rate, provided that the waiver granted hereby shall remain at two cents ($0.02) within the boundaries of the District until such waiver is terminated pursuant to the terms
hereof. This temporary waiver shall commence on the first day of the month prior to the date of issuance of any bonds issued by the Longs Peak Metropolitan District (the "First Bonds")
and shall expire on the earlier to occur of: I. payment of all principal and interest on the First Bonds, or ii. twenty five (25) years from the date of the original issuance of the
Bonds, or iii. on the date that, for whatever reason, the "Credit PIF" public improvement fee of $0.02 provided for in Section 8 of the Intergovernmental Agreement ceases to be collected
within the District. The term of the temporary waiver of sales tax established hereby is absolute and shall not be extended for any reason, including without limitation extension of
the term of any bonds issued by the District, whether by refunding or otherwise, or by default in the payment of principal or interest on any of said bonds. Upon termination of the temporary
waiver hereby granted, retailers within the boundaries of the District shall collect and remit to the City the full amount of the City sales tax then in effect, in accordance with state
and local law. Section 3. Effective date. This ordinance shall be effective upon adoption on second reading, as permitted by Section 5.11 of the Charter, provided, however, that should
the District fail, for any reason, to issue the First Bonds on or before December 31, 2011 , this ordinance and the temporary sales tax waiver granted hereby shall be null and void.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 5 to 0 on this 11th day of April, 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 April 25, 2011 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. Public Hearing
continued to May 9, 2011 , May 23, 2011 , continued to June 13, 2011 , further continued to June 27, 2011 . -2-
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 . Jerry DiTullio, Mayor ATTEST:
Michael Snow, City Clerk Approved as to Form Gerald E. Dahl, City Attorney First Publication: April 14, 2011 : April 28, 2011 : May 12, 2011 : May 26, 2011 Second Publication: Wheat
Ridge Transcript Effective Date: -3-
City of ? WheatRL.dge ITEMNO:L DATE: June 27, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 21-2011 AN ORDINANCE REAPPOINTING PRESIDING MUNICIPAL JUDGE CHRISTOPHER RANDALL,
INCREASING IDS HOURLY COMPENSATION AND APPROVING A PRESIDING MUNICIPAL JUDGE SERVICES AGREEMENT o PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR
1ST READING (06/13/2011) [gJ ORDINANCES FOR 2ND READING (06/27/2011) DYES [gJ NO City Manager The City'S Home Rule Charter provides for appointment of the Municipal Court Judge for a
term of two years. The current term of Presiding Judge Christopher Randall expires June 30, 2011. PRIOR ACTION: The Judge was reappointed in June 2009. FINANCIAL IMPACT: The Judge is
presently compensated at $87.15 per hour. This rate has been in effect since 2007. The Judge requests an increase to $99.78 per hour, representing a 3.5% adjustment per year for the
past four years. BACKGROUND: The Judge has provided a letter and materials (attached) requesting reappointment and certain minor changes to his contract.
Council Action Form June 27, 2011 Page 2 RECOMMENDATIONS: The City Attorney recommends reappointment. RECOMMENDED MOTION: "1 move to approve Council Bill No. 21-2011, an ordinance reappointing
Presiding Municipal Judge Christopher Randall, increasing his hourly compensation and approving a presiding municipal judge services agreement, on second reading, and that it take effect
upon adoption, as permitted by the Charter." Or, "1 move to approve Council Bill No. 21-2011, an ordinance reappointing Presiding Municipal Judge Christopher Randall, and approving a
presiding municipal judge services agreement, on second reading, and that it take effect upon adoption, as permitted by the Charter." Or, "1 move to table indefinitely Council Bill No.
21-2011, an ordinance reappointing Presiding Municipal Judge Christopher Randall, increasing his hourly compensation and approving a presiding municipal judge services agreement, for
the following reason(s) " REPORT PREPARED BY: Gerald Dahl, City Attorney ATTACHMENTS: I. Council Bill No. 21-2011 2. Letter and materials from Judge Randall 3. Municipal Judge Services
Agreement 4. Salary Survey
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STITES COUNCIL BILL NO. 21 ORDINANCE NO. Series of 20-:1""71---TITLE: AN ORDINANCE REAPPOINTING PRESIDING MUNICIPAL JUDGE CHRISTOPHER
RANDALL, INCREASING HIS COMPENSATION AND APPROVING A PRESIDING MUNICIPAL JUDGE SERVICES AGREEMENT WHEREAS, the current presiding municipal judge, Christopher Randall was reappointed
effective July 1, 2009 for a two-year term expiring on June 30, 2011 ; and WHEREAS, the Judge has continued to serve since that date; and WHEREAS, pursuant to Charter Section 8.3, the
City Council shall appoint all judges for a term of two (2) years; and WHEREAS, Judge Randall has requested reappointment at the end of his current term, as well as an increase in his
hourly rate and other minor amendments to the Presiding Municipal Judge Services Agreement (the "Agreement"); and WHEREAS, the Council wishes to reappoint Judge Randall, and to approve
an increase in his compensation and other changes to the Agreement; and WHEREAS, Charter Section 8.5 requires the Council to set the Judge's compensation by ordinance. NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Pursuant to Sections 8.3 and 8.5 of the Home Rule Charter, Presiding Municipal Judge Christopher Randall
is hereby reappointed for a term of two (2) years, expiring on July 1, 2013. The Presiding Judge's compensation shall be $99.78 per hour. The remainder of the terms and conditions of
the Presiding Judge's employment shall be as set forth in the Presiding Municipal Judge Services Agreement, effective as of July 1, 2011 , attached hereto and incorporated herein by
this reference. 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. Attachment 1
Section 3. Effective Date. This Ordinance shall take effect upon adoption at second reading, as permitted by the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of
7 to 0 on this 13th day of June, 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 June 27, 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 day of , 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
,', Cilyof ~""Wheat:R.:l...dge ~MUN I CI PAl COURT City of Wheal Ridge Municipal Bui lding 7500 W. 191h A ve. Wheat Ridge, CO 80033~SOO 1 P: 303.235.2835 F: 30).235.2829 Christopber
D. Randall Presiding Jlldge City of Wheat Ridge 7500 W. 291h Ave. Wheat Ridge, CO 80033 Re: Presiding Judge Agreement Renewal Dear Mayor and City Council: It is with great pleasure that
I request re-appointment as Presiding Judge and Department Director for the City. The Court's primary goal has been and continues to be to provide a fair and efficient forum to adjudicate
city ordinance violations. Over the past nine years that I have been Presiding Judge we have continued to rehabilitate domestic violence offenders, address thefts (of up to a thousand
dollars), adjudicate serious assaults, manage dangerous dogs, help substance abusers, supervise the mentally ill, and abate rea l property nuisances. I have taught at the
City's citizen's police and civic academies. I am only one of two department directors that graduated from the Mountain States Employer's Council Supervisor's Certificate Program. Attached
is a list of the Court's accomplishments over the last four years. A copy of the Court's formal mission and goals is attached, as is a list of favorable comments from defendants, parents,
and other court customers. The Presiding Judge has a two year agreement. I am requesting the following amendments to the agreement: 1. Renewal: The old contract terminates June 30, 2011.
The new contract if approved begins July 1, 2011, and is a two year appointment. 2. An increase in the hourly rate from $87.15 to $99.78: In deference to the economy and the City's budget
I have not requested an increase in salary over the last four years. (There was also no increase in sa lary from 2002 to 2007.) The increase reflects a 3.5% adjustment per year for four
years. 3. A clarification in the contract: Reimbursable expenses should include mileage and routine expenses. Attachment 2 www.ti.whent ridge.cll. lIs
4. Delete a provision: Delete the provision on invoicing and replace it with the use of biweekly time sheets. I have been submitting hours worked in this manner for several years. Most
City employees submit hours by this method. The Court continues to be a leader in the Denver metropolitan area in addressing a high volume of challenging and sometimes serious offenders.
The Court's experienced staff continues to provide service that always matches and often exceeds other courts. I look forward to serving as Presiding Judge and Department Director for
the next two years. Sincerely yours, ~?/~ Enclosures: accomplishments, mission and goals, and comments
, , . . ',. City of -~W1ieat~dge ~MUNIClrAl COURT City orWhcat Ridge M unicipal Building 7500 W. 29111 Ave. Whenl Ridge, CO 80033-8001 P: 303.235.2835 F: 303.235.2829 Christophel-D.
Randall Presiding Judge ACCOMPLISHMENTS WHEAT RIDGE MUNICIPAL COURT An ongoing goal is to simplify cowt procedure when possible, fairly administrate court business, and eliminate unjustiliable
expense and delay. Implement program to address juvenile contempt o[ court and sentencing issues in cooperation with the Jefferson County Juvenile Assessment Center. Eliminate small
fiJc folders and implement fu ll size [olders to improve storage, readability, and handling_ . Require Peace Officer State Training (POST) certification for court marshals. Upgrade audio-video
prisoner arraignment system; improve security; comply with criminal procedural rule; avoid transport. Create and follow procedure for failure to pay (fine) warning letter and issuance
of bench warrant for breach. Create sentencing form for animal (dog) cases; increase accumcy, certainty, compliance, and uniformity. lmplement sentencing protocol for repeat offenders
ill domestic violence cases. Continue annual shredding of documents and files that no longer need to be kept in hard copy. Annual presenter for citizen's police and civic academies.
Enter orders directly on computer rather 111an band \wite to increase speed and accuracy. Upgrade file storage system. Court Marshals use reminder phone calls to defendants for court
dates; increased court appearances; reduced bench warrants. Handle approximately 225 prisoners by audio-video jail electronic connectinn without the risle of transportation to court.
Add one additional day per month to docket to level docket and reduce congestion. Implement expedited lile scanning schedule to reduce handling and storage of files and records. Develop
emergency evacuation plan. Work wiUl DMV to electronically transfer di spositions in traflic cases. Work WiUl police department to electronically transfer case files [rom police department
to court. 1 www.ci.wileatridge.co.us
Install and use barcode readers :U1d barcode labels on files . Eliminate duplicate entries. Meet with Jefferson Cnunty sheriff's staffand county plaruung cOlllmission to address jail
usage. Develop municipal court mission and goals. Continue witb successful file scanning program to reduce tile storage. [nvestigate alternatives lor the collection of outstanding and
aged fines. Implement cross-training program for deputy court clerks. Replace inoperative walk-through metal detector. Research the possibility of on-line payments. Continue to monitor
the numbcr of prisoners and length of sentences in cooperation with the county. Due to loss of staff reassign and redistribute work load among remaining clerks. Create lilliiorm standard
lor acceptance of payments for penalty assessments in traffic cases. Pre-screen cases for tbe likelihood of restitution and contact victims pre-sentence. Hire two temporary deputy court
clerks to cover additional staff shortages. Continue to consider additional altcl1latives to jail jail sentences. Enter into agreement with City of Edgewater for Edgewater to use Cbeat
Ridge court room audio-video equipment to address Edgewater's prison population. Employ Jefferson County Sherriff's Deputies to transport prisoners iTom metro jails to Jefferson COWlty
Jail. Allows prioritization of Court Marshal 's limited (half-time) work hours. Implement system to allow prospective jurors to contact court to determine if tileir appearance is necessary.
Operate without Deputy COUJt Clerk position to conform with budgetary limitations. Review post-conviction audio-viden prisoner Jiles pre-hearing to reduce time spent with prisoners and
increase jail security. Review post-conviction files for compliance with sentencing requirements (usually classes) tn decrease time defendants spend in-court. Continue to seek ways to
eliminate unjustifiable expense and delay for defendants, witnesses, attorneys, and jurors. Due to staff shortage develop alternative staffing plan. Recruit for and hire Deputy Court
Clerk 11 11 . Redistribute work load for deputy court clerks; add court room duties for marshals; add duties for probation officer. Add on-line research capability to obtain current
backgmund information on persons with outstanding bench warrants and to provide restitution to victims. Train, implement and successfully use new software from Colorado Bureau of [nvestigation
to obtain criminal hi stories. Elinunate creation of file folders for traffic cases that may not require a court appearance. 2
Amend and supplement court policies and procedures. Continue to monitor number of prisoners tUld length of sentences to attempt to curb prison population. Begin design offront coullter
to improve service, efficiency, and ergonomics. Improve tbe payment plan process; require application and addit ional information on income and expenses [rom defendants. Research x-ray
scanning devices for use by court security guard. Attend trainings for and implement new domestic violence sentencing standards. Continue successful Youth Alcohollntervention Program
for first time juvenile offenders. Rcduce budget 9%. Begin use of telephone interpreter service to save costs and provide back up to in-person interpreter. One of only two depaTtmellt
directors to complete (in early 201 1) Mountain States Employer's Coullcil Supervisor's Celtificate Program. 201 1 Objectives Finalize on-line payment capabilitics. Finish redesign of
front counter area; begin and complete construction. Monitor and evaluate the success of probationers probationers pursllant to the new domestic violence sentencing standards. Contract
with a collection agency to collect delinquent [mcs. Update COillt policies and procedilles. Develop a sentencing form for general adult and juvenile criminal cases to improve accuracy,
consistency, and clarity. Purchase, install, and train personnel to use x-ray scarming device for bags and pillses. Closely monitor court operating budget; develop 20 12 budget. 3
WHEAT RlDGE MUN1ClP AL COURT COURT GOALS AND MISSION 2009 I. Provide efficient and professional service to cllstomers. Assist customers to the extent permitted by law. 2. Treat each
customer eq ually regmdless of gender, race, nationality, economic circlllllstances, or cultural background. 3. Provide a safe cnvironment for employees and customers. ,~. Attract, reward,
compensate and retain exce ptional employees. 5. Develop ways to provide services more effectively and efticiently. 6. Use various measurement tools as a process of evaluation to alig11
customer service level expectations to available personnel and fiscal resources. 7. Develop a customer service action plan. 8. Incrcasc customer's acccss to information regarding court
services through maintenance and improvement orthe court web site. 9. Develop strategies, programs, and sentences that mitigate crime, traffic vio lations, and code issues that aHeet
the quality of life. 10. Seek to upgrade old teclmologies and equipment within budgetary limits.
I , , City of ~Wheat::RL.dge ~MUNICIPAl. COURT City of Wheat Ridge t'o lunici pal Building 7500 W. 29th Ave. Wlieat Ridge, CO 800:;3-800 I P: 303.235.2835 F: 303.235.2829 Christopher
D. Ranoall Presiding Judge 2008 COMMENTS WHEAT RIDGE MUNICIPAL COURT CmuSTOPHER D RANDALL "Judge Randall made me feel very comfortable and he talked to each [unreadable]." "Judge was
helpful and very considera te." "Judge Randall is awesome! I am proud to have him as ajudge [or our City! It's obvious that he is a man of virtue ." 2009 "Clu'istopher Randall worked
with our needs, very generous." "DA [City Attorney] & Magistrate [Judge] worked with me." "The judge was wonderful to talee tbe time!" "Left the court with a helter understanding and
a heightened awareness of how the system works." "Judge exceptionally informative." 2010 "Christopher Randall is a very mee and courteous Judge." "Best Judge I ever seen. Compassionate,
caring, professional." Court instituted a new evaluation Conn: Customer checked offhox on new eval uation form for "courteous" for five staffmemhers including Judge. Customer checked
off boxes 011 new evaluation form for "courteous, respectful, and knowledgeable" for five staff members including Judge. Customer checked off boxes on new evaluation fom, for "courteous,
respectful, and knowledgeable" [or fivc staff members including Judge. Customer checked of[ boxes on new evaluation form for "colli'teous, respectful, and knowledgeable" for eight staIf
members including Judge. WWW.t·i.whC:llridgc.co.us
20 11 Customer checked off boxes on evaluation form for "courteous, respectful, and knowledgeable" for five staff members including Judge. Customer checked off box on evaluation Conn
far "courteous" for live stalTmembers including Judge. Customer checked offbaxes on evaluation form for "courteous, respectful , and kJ1owledgeable" for three staff members including
Judge. [Comment cards and evaluation forms available from Clerk afCour!.) 2
CITY OF WHEAT RIDGE PRESIDING MUNICIPAL JUDGE SERVICES AGREEMENT THIS PRESIDING MUNICIPAL JUDGE SERVICES AGREEMENT is entered into and effective as of the 1st day of July 2011 ("Effective
Date"), by and between the CITY OF WHEAT RIDGE, COLORADO (the "City") and CHRISTOPHER D. RANDALL, ("Presiding Judge"), together referred to herein as the "Parties." In consideration
of the mutual promises and covenants contained herein, the Parties agree as follows: ARTICLE 1 -SERVICES Pursuant to Chapter VIII of the Wheat Ridge Home Rule Charter (the "Charter"),
Presiding Judge shall have the following duties: A. Ensure the presence of a municipal judge at all Wheat Ridge Municipal Court ("Municipal Court") cases, by either presiding over such
cases personally or by scheduling an Associate Judge to hear such case(s) and by establishing an on-call municipal judge schedule; B. Formulate and amend the local rules of the Municipal
Court with the approval of the Colorado Supreme Court; C. Supervise the Associate Judges, if any, and all Municipal Court personnel; serve as Department Head for the Municipal Court
staff; attend Department Director meetings, in person or by designee, and meetings with the City Manager, City Attorney and City Council as needed; and D. Submit a yearly budget request
to the Wheat Ridge City Council for the proper functioning of the Municipal Court. ARTICLE 2 -QUALIFICATIONS The Presiding Judge shall continuously maintain the following qualifications:
A. Licensed to practice law in all Colorado courts, including the U.S. District Court for the District of Colorado; and B. Resident within 40 miles of the Wheat Ridge Municipal Court.
ARTICLE 3 -TERM; TERMINATION Pursuant to Section 8.3 of the Charter, this Agreement shall be for a two (2) year term, ending on July 1, 2013. This Agreement may be terminated for any
of the reasons enumerated in Section 8.3 of the Charter. ARTICLE 4 -PAYMENT AND FEE SCHEDULE The Parties agree that Presiding Judge shall be compensated at Ninety-Nine dollars and seventy-eight
($99.78) per hour for services rendered under this Agreement. Presiding Judge may also be compensated for reimbursable expenses properly invoiced to the City as set forth below. For
purposes of this Agreement, "reimbursable expenses" shall mean those expenses WR Muni Judge Contract· Rundall Attachment 3
directly incurred by Presiding Judge in the performance of his duties under this Agreement, including mileage and travel expense. A. Invoices. Presiding Judge shall submit bi-weekly
timesheets to the City for services rendered and reimbursable expenses. Payment will be made within twenty-five (25) days of receipt of the invoice by mailing payment to an address designated
by Presiding Judge. B. Funding This Agreement is specifically subject to the provisions of Section 2-3(c) of the Code of Laws of the City of Wheat Ridge, which limits the amount for
which the City shall be liable to the amount expressly appropriated by the City Council, either through budgeted appropriation, or contract or bid appointment. The Parties further recognize
and agree that the City, as a political subdivision of the State of Colorado, is subject to the Constitution and laws of the State of Colorado. Notwithstanding any provision of th is
Agreement to the contrary, the obligation of the City to make payment to Presiding Judge is expressly subject to annual appropriations by the City of funds for the next ensuing budget
year. ARTICLE 5 -INDEPENDENT CONTRACTOR; INSURANCE AND BENEFITS A. This Agreement is one for independent contractor services. Neither Presiding Judge, nor any employee or agent of Presiding
Judge, shall be considered an employee of the City for purposes of any federal or state law. Notwithstanding the fact that Presiding Judge is compensated as an independent contractor,
pursuant to the Colorado Governmental Immunity Act, §§ 24-10-101 et seq., C.R.S., he is considered an appointed official of the City entitled to any and all benefits of law pertaining
to judicial or sovereign immunity and to coverage by the City's insurance applicable to persons holding such a position for claims brought against him in his official capacity or arising
our of his performance of his official duties as described herein. B. Presiding Judge shall be eligible to participate in the following insurance and benefit programs available to City
employees, at a pro-rated level equal to the average number of hours of work per week performed by the Presiding Judge, which for purposes of this Agreement, the Parties agree shall
be twenty-five (25) hours per week: short term disability; long term disability; worker's compensation; group term life insurance; employee assistance plan; retirement plan; official
holidays; personal time off leave; extended sick leave; jury duty pay; employee recreation program benefit; Kaiser Permanente HMO; Delta Dental; RPS section 125 cafeteria plan; and Eye-Med
vision. The City agrees to pay the applicable premium for the rate level, consistent with the City insurance plan as amended from time to time. For all such insurance and benefit programs,
to the extent the programs or any of their features are altered, amended or eliminated with respect to all eligible City employees, such alteration, amendment or elimination shall also
apply to Presiding Judge in the same manner. C. Presiding Judge warrants that he has not employed employed or retained any company or person, other than a bona fide employee working
solely for him, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than bona fide employees working solely for Presiding Judge,
any commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the appointment or making of this Agreement. For breach or violation of
this warranty, the City will have the right to annul this WI{ MuniCoun/MuniJudgcContracl -R<lndnll -2-
Agreement without liability, or in its discretion to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage
fee, gift, or contingent fee. ARTICLE 6 -CHARTER, LAWS AND ORDINANCES Presiding Judge shall at all times during the performance of this Agreement, strictly adhere to all applicable federal,
state and local laws, rules, regu lations, and ordinances that affect or govern the work as herein contemplated. ARTICLE 7 -EQUAL EMPLOYMENT OPPORTUNITY The Presiding Judge shall not
discriminate against any employee or applicant for employment because of age, race, color, religion, sex, or national origin. The PreSiding Judge shall adhere to acceptable affirmative
action guidelines in selecting employees and shall ensure that employees are treated equally during employment, without regard to their age, race, color, religion, sex or national origin.
Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of payor
other forms of compensation, and selection for training, including apprenticeship. ARTICLE 8 -LAW AND VENUE The laws of the State of Colorado shall govern as to the interpretation, validity,
and effect of this Agreement. The Parties agree that venue and jurisdiction for disputes regarding any aspect of this Agreement is proper and exclusive with the District Court of Jefferson
County, Colorado. ARTICLE 9 -NOTICES Any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent
by certified mail or registered mail, postage and fees prepaid, addressed to the party to whom such notice is to be given at the address set forth below. Such notice shall be deemed
to have been given when deposited in the United States Mail. If to the City: With a copy to: If to Presiding Judge: City Manager 7500 W 291h Avenue Wheat Ridge, CO 80215 Fax: (303) 234-5924
City Attorney 7500 W 29th Avenue Wheat Ridge, CO 80215 Fax: (303) 234-5924 Christopher D. Randall, Esq. P.O. Box 280911 Lakewood, CO 80228-0911 Fax (303) 980-1721 WR tviuniCoun/MuniJudgcConlmCl
. Rand(lll -3-
ARTICLE 10 -ASSIGNMENT AND SUBCONTRACTORS The duties and obligations of Presiding Judge may not be assigned, delegated, or subcontracted except with the express written consent of the
City. ARTICLE 11 -SEVERABILITY To the extent that the Agreement may be executed and performance of the obligations of the Parties may be accomplished within the intent of the Agreement,
the terms of this Agreement are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or fa ilure shall not affect
the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term, or the same term upon subsequent breach.
ARTICLE 12 -INTEGRATION OF UNDERSTANDINGS This Agreement is intended as the complete integration of all understandings between the Parties. No prior or contemporaneous addition, deletion,
or other amendment hereto shall have any fo rce and effect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto
shall have any force or effect unless embodied in writing and signed by Presiding Judge and an authorized representative of the City. ARTICLE 13 -AMENDMENTS The City may, from time to
time, require changes in the scope of services of the Presiding Judge to be performed herein. Such changes, including any increase or decrease in the amount of the Judge's compensation,
must be mutually agreed upon in writing by the City and the Presiding Judge, as an amendment to this agreement IN WITNESS WHEREOF, the Parties have executed this Agreement in two (2)
copies, each of which shall be deemed an orig inal, as of the day and year first written above. ATTEST: CITY OF WHEAT RIDGE, COLORADO Michael Snow, City Clerk By: Jerry DiTullio, Mayor
(Seal) APPROVED AS TO FORM: Gerald E. Dahl, City Attorney WR MuniCourt/MuniJuugcContracl -Rlllldall -4-
PRESIDING JUDGE Chrislopher D. Randall WR MuniCourt/MuniJudgcConlmcl. Rnnd,lI l -5-
2011 -Judge Compensation AGENCY Pop. \/\/heal Ridge I 33,000 (.625 FTE ) (Relief Judge) Arvada 107,000 ,-.f. _,. ~ ----,.," .:. "r c_. (; Base Hourly Rate :"I' c: .g ,.,~ C. .! )( ~
~'" .0 .o.., .50 1! ,., :. cj ~ c: j" '-RETIREMENT PLAN(s) ~ ~"' ~ .2 1;' • Q. 0. E w -CD c .. ,., 0 :10-2o.S <Ewo . ~ U) u o U) ~ ~ ~ EMPLOYER's ANNUAL COST for BENEFITSIPROGRAMS ~
o" .5;;; :> Gi~ ~ " ~ c: o~ C5 ~ o 0 ~= « $87.15 $ -Jul-11 1 9 1 Jan-0711 5.00% $5,665 1 7.65% II $6,669 1 $465 1 $ -$1,347-Life, STD, LTD; Ree Pass, Sect. 125, EAP $58 $ -No Benefits
$2400 ANNUAL ALLOCATION of LEAVE HOURS ~ ,., ~ u '" .. " :!! ~" .. u; (5 ~ > '" 0 100 ----, 50 I . -----$59.42 1 lime I Jun-10 116 I Mar-0911 10.2% I $12,600 11.45% II $9,624 I $783
I $305 10457 ----,,----, 160 1 96 1 96 • $700-full day; (Relief Judge) I· $350-half day; I $ -1 --1--1 -----II No Benefils • $90-2 hr minimum I I I I I rl Life Ins, 0-2yrl 0 Hllh Svgs,
96· Aurora 1 325,Q781 $57.46 1 $ -1 Jan-12 1 .~ Jan-l0 5.5% 5.5% 7.65% $12,575 $503 '6 " LTD, 457, 15+/1 81104180 24 -------> ::; £ EAP 4 0 Relief Judge) I $61.18 I $ -I -------I ~ Jan-09
No Benefits Boulder 1,03,,00 $59.40 $ -JUI-11 8 Jul-l0 13.70% #REF! 1.45% $15,658 $1 ,260 I $ -I --------I ------11--------1,84 11121 80 24 (Part-Time) $67.01 $ -Oct-II 9 Oct-l 0 13.70%
#REF! 1.45% $ -$ -I $ -I ------1 ------11-------1 92 1 561 40 12 Broomfield 1 57,864 I $34.62 1 $ -1 Jan-121 0 1 Jul-11 II 6% 1 $4,320 1 7.65% II $6,325 1 $34 1 $ -$450-Llfe' l II I
I I I Id iS:'~ STD & ----------168 0 0 funer~1 (Part-Time) $60 I $ -I Jan-12I 8 I Feb-0311 No Benefils ,., Englewood I 32,491 I $58.48 I $ -tJnknowrj 14 I Nov-0811 10% I $12,163 I -------11
$8,079 I $750 I $ -I $250 I ~ f ~ .. ------, -------Well ness ;; 13 g ~< (Part-Time) I $50 per hour No Benefits Fort Collins 143,986 $55.92 $ -Dec-II 22 Jan-09 13% $12,095 7.65% $8,425
$552 $ -$505-Lifej II 1 II (.8 FTE) & LTD ----------------240 120 72 Attachment 4
2011 -Judge Compensation AGENCY Pop. Greeley 87,596 (Part-Time) Lakewood Presiding 148300 Lakewood Municipal (Part-Time) Longmont 86,303 (Part-Time) Loveland 67,455 (Relief Judge) Thornton
121 ,241 (Part-Time) IWestminsterll09,838 (.8 FTE -not contractual) SALARY DATA RETIREMENT PLAN(s) EMPLOYER's ANNUAL COST for BENEFITSIPROGRAMS ANNUAL ALLOCATION of LlAVEHOURI Base Hourly
Rate $43.27 $64.02 $59.16 $70 $56.99 $56.45 $60.00 $60.06 $60 $50.81 Not Provided :'"J C o III $ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -~ .~ l( it ~'" ..g., .E ,~. Mar-12I 1 Mar-12 3 ... :.
u ~ c "'-~ Mar·09 Mar-ll ~ .. ... ", 0 ... of! Q. CI:I Eo.. w 6% 10% ~ -.. c ..... 0 ::J 0 ._ c-1o c Co 0 <Ewo .. u <"II g <II .. u 'g :IE $5,400 I 7.65% II $1 ,112 ~ ,3 $353 Not Applicable
-No Part-Time Judges $12,869 1.45% II 92.50% 90% c o 'iii '> $15 ili~ .c " ~ c o " III ~ . o ~ o 0 "5= « ~ u ~ "u" <Ii i;' :2 '0 :I: 160 I --------~-1 80 ~ 5 8 3% I $000 100% I contribute
11--------1 144 961112, -----to 457 plan per yea 3% Mar-12 I 21 I Mar-ll 10% $12,86911.45%1192.50% I 90% 1100% 1 contribute I --------11--------1 160 11441112, ------to 457 plan 7/1/11
10% 25 I Jan-0911 (5% ea.) #REF! 1.45% II $4,022 $419 Not Applicable -No Part-Time Judges Oec-11 I 12 I Oec-08 8% $9,393 7.65% 11 $11,4421 $518 Sep-11 I 22 I Oec-08 10% $12,492 I 7.65%
II $7,882 Varies .~ !: Varies Jan-12I 151 Jan-091110.25% 1$22,00011.45% 11 $11 ,797 Jan-l0 I 11 Jan-0911 10.25% I EmPlodyee I 1.45% II $4,515 pal $396 .1l -g :;; E E-.g1l :;; No Benefits
$30 $ -$400-Retiree HAS $1 ,646 -Life, L TO, STO, Wellness No Benefits $ -Life Insurance No Benefits $ -$ ---------11-----1 168 96 72 8 --------11--------1 185 64 88 --------11 -------.
1 192 96 80 16 $6,000 II 214 80 10 190 80 10
", ~' _ • . City of , WheatRL.dge ITEMNO: l DATE: June 27,2011 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 22-2011 AN ORDINANCE APPROVING THE COMPREHENSIVE REZONING OF PROPERTY
ALONG THE WADSWORTH CORRIDOR BETWEEN W. 35TH AND W. 45TH AVENUES TO THE MIXED USE-COMMERCIAL (MU-C) ZONE DISTRICT (CASE NO. WZ-11-03) D PUBLIC I-IEARING D BIDS/MOTIONS D RESOLUTIONS
[8J ORDINANCES FOR 1 ST READING (06/27/2011) D ORDINANCES FOR 2ND READING (07/1112011) QUASI-JUDICIAL: DYES ISSUE: The Wadsworth Corridor Subarea Plan, adopted in 2007, and the Envision
Wheat Ridge comprehensive plan, adopted in 2009, call for medium and high density mixed use redevelopment along the Wadsworth Corridor between W. 35th and W. 45'h Avenues. Both plans
envision a mixed use town center with compact, pedestrian-friendly development on Wadsworth between W. 38'h and W. 45'h Avenues. In September 2010, City Council adopted new mixed use
zone districts. One zone district, Mixed Use-Commercial (MU-C) was developed for primary commercial commercial corridors like Wadsworth. The MU-C zoning creates a streamlined development
process and encourages pedestrian-friendly, medium and high density mixed use development. In order to advance the City'S goal of promoting mixed use redevelopment on Wadsworth, the
Cit?,' initiated a comprehensive rezoning of properties along Wadsworth, roughly between W. 35" and W. 45'h Avenues, to the MU-C district. WZ-II -03
Council Action Form June 27, 2011 . Page 2 PRIOR ACTION: City Council adopted a resolution to proceed with the proposed rezoning on March 14,2011. City Council also held Study Sessions
on the topic of the rezoning and outreach sessions to property owners on February 14,2011 and May 2, 2011. Planning Commission voted unanimously to recommend approval of the rezoning
at a public hearing on June 16,2011. The attorney for the owner of7525 W. 44th Avenue, located at the northeast corner of W. 44th and Wadsworth, provided testimony in opposition of the
rezoning. He cited opposition from his client due to (a) a belief that the rezoning will not lead to a successful mixed use town center (b) concern that the new zoning would make property
owners unlikely to invest in improving their property (c) existing easements and development restrictions on this and adjacent parcels that would make a mixed use development difficult
to achieve. Planning Commission discussed the possibility of removing the property (7525 W. 44th 44th Avenue) from the rezoning area hut ultimately decided that it should be included
since the existing use on the lot would be legally conforming under the MU-C zoning and because, if someone did assemble land at this corner in the future for a mixed use development,
the zoning for one of the parcels would remain C-I and would not support mixed use redevelopment. Meeting minutes from the Planning Commission Public Hearing will be included with the
ordinance for second reading. FINANCIAL IMPACT: The proposed ordinance is not expected to have a direct financial impact on the City. However, the new zoning should enable redevelopment
that will advance the City's goals for economic development and the creation of a diverse and resilient tax base. BACKGROUND: The property to be rezoned includes multiple parcels on
or near Wadsworth Boulevard between W. 35th and W. 45th Avenues. All of the properties in the rezoning area fall within the Wadsworth Corridor and Times Square Urban Renewal Areas. The
majority of the the rezoning area includes commercial and retail uses however there are some properties that contain multifamily residential uses. Wadsworth is a state-owned highway
and major commercial arterial that serves regional vehicular and bus traffic. Existing Zoning The majority of the rezoning area is currently zoned Commercial One (C-l). There is one
small area zoned Commercial Two (C-2), one small area zoned Neighborhood Commercial (N-C), and a handful of parcels zoned Restricted
Commercial (R-C). The rezoning area also includes three Planned Commercial Development (PCD) zoning designations. While there are a few properties that currently have residential uses,
there are no properties with residential zoning in the rezonmg area.
Council Action Form June 27, 2011 . Page 3 Overall, the existing commercial zoning in the area allows for a wide range of commercial uses, especially in the C-I district. The existing
commercial zoning places considerable restrictions on residential development, including the following conditions: • No new residences as a primary or principal use shall be allowed
• The amount of floor area devoted to commercial use must exceed the amount devoted to residential use • Residential use density shall not exceed one dwelling unit per 5,000 square feet
(roughly 8.7 units per acre) In terms of building height, the current zoning limits commercial buildings to a maximum of 50 feet and any building with a residential use to a maximum
of 35 feet. Any development under the current zoning would also be subject to the Architectural and Site Design Manual (ASDM). The ASDM contains site and building design standards that
encourage quality architecture and pedestrian-friendly design. Surrounding Zoning and Land Uses The proposed rezoning area is surrounded by both commercial and residential zoning. The
east and west boundaries of the rezoning area are generally bordered by residential uses in established residential neighborhoods. Toward the northern and southern ends of the rezoning
area, existing land uses include commercial and residential uses. Adopted Plans for Wadsworth The City is proposing that the subject property be rezoned to Mixed Use-Commercial (MU-C),
a zone district that allows a wide range of uses -including commercial, civic, and residential uses -and that encourages mixed use development. The proposed zoning is consistent with
the City's adopted plans for the Wadsworth corridor. The City has two recently-adopted plans that establish the goals and policies for the future of Wadsworth: Wadsworth Corridor Subarea
Plan Adopted in 2007, this plan calls for the redevelopment of Wadsworth with mixed use, medium and high density development. The proposed rezoning to the MU-C zone district will enable
the redevelopment of the Wadsworth corridor over time in a manner that fits goals in the Subarea Plan, including the development of a mixed use town center on Wadsworth and an increase
in density along the corridor to provide a critical mass of uses and residents to support businesses in the area. Comprehensive Plan Envision Wheat Ridge, the comprehensive plan adopted
in 2009, also promotes the vision for Wadsworth to become a mixed use town center. The plan identi fies the Wadsworth corridor as one of five priority redevelopment areas in the City
and specifically recommends that the City, in collaboration with economic development partners, guide the development of a pedestrianfriendly, mixed use town center at this location.
Council Action Form June 27, 2011 . Page 4 Proposed Zoning: Mixed Use-Commercial (MU-C) District The MU-C zone district is intended for major commercial corridors and community activity
centers. It permits a wide range of land uses and encourages quality, higher density, mixed use development. Allowed Uses The MU-C zone district allows a wide range of commercial, retail,
civic, and residential uses. Unlike the commercial zoning that is prevalent on the Wadsworth corridor today, it does not contain restrictions that make residential development difficult
to attain. While there are many land uses allowed under MU-C zoning, several higher-impact and auto-oriented uses are conditional uses, which require an additional administrative review
by staff to ensure that the building and site design have as few negative impacts as possible. New drive-through uses also have separation requirements to ensure that they do not become
a dominate use in one particular area. Building Height and Density The MU-C zone district does not contain a unit per acre limit on residential development. Instead, it regulates density
through building height, setbacks, and open space requirements. Buildings are allowed up to a height of four stories. To incentivize mixed use development, buildings that contain a mix
ofland uses (such as office and retail, or retail and residential) may be as high as six stories. Open Space Requirements Under the MU-C zoning, for single-use development, 15% of the
net development area must be open space. Mixed-use development has a 10% open space requirement. At least 75% of all open space must be usable open space, such as parks and plazas. Residential
Transitions In an effort to protect existing residential neighborhoods, the MU-C zone district contains specific requirements for new development that is adjacent to residential uses.
Where any parking lot or drive-through abuts a lot that has a residential use, screening must be provided (including a six-foot tall wall/fence or hedge and a six-foot wide landscaped
buffer). For any new building that is adjacent to a lot with a single-or two-family residential use that has residential or agricultural zoning, the following regulations apply: • A
minimum 1 O-foot wide landscape buffer for one or two-story buildings. The buffer must be IS-feet wide for a three-story building, and 20-feet wide for buildings four stories or taller.
• In addition to the landscaped buffer, buildings over two stories must step the upper floors back an additional five feet per story for the third or forth stories. • Any portion of
a building within 100 feet of a residential use may not be taller than four stories (except where an arterial or collector street separates the new building from the residential use).
Council Action Form June 27, 2011 . Page 5 Architectural Standards With the goal of ensuring high-quality development, the MU-C zone district contains architectural standards. The design
standards include: • Requirements for fayade articulation and material variation • A build-to requirement that places buildings close to the street, with parking at the side or in the
rear. The build-to requirement in the MU-C district is flexible, allowing a 0-20 foot build-to zone for 50% of the lot frontage, to enable a wide range of building types • Transparency
requirements at the ground floor to help create active and interesting ground floor facades • Screening and placement requirements for drive-throughs • Screening requirements for utilities
and loading areas Process Outreach to Property Owners Staff started outreach to property owners about a potential City-initiated rezoning in January 20 I 0 at the Wadsworth Summit. At
this time, the MU-C zoning was still being drafted and staff requested feedback from property property owners on the content of the code, as well as whether they were in support of a
City-initiated legislative rezoning. Sixty-seven percent of property owners who completed a survey said that they were strongly in favor of a legislative rezoning and 25% said that they
were somewhat in favor. Based on this high level of interest, staff held a study session with City Council in the summer of2010 to discuss proceeding with a legislative rezoning along
Wadsworth once the new mixed use zoning was adopted. City Council directed staff to proceed with a potential rezoning, but to first conduct additional outreach to property owners, including
another survey. City Council adopted the mixed use zoning in September of2010. Two months later, staff held a meeting for all property owners in the target rezoning area on Wadsworth
to share the newly adopted code and ask again whether there was support for a legislative rezoning. Staff also mailed a survey to every property owner in the rezoning area asking them
to state support or opposition for the rezoning. Of the 56 surveys mailed, 13 were returned. Ten owners stated support and three owners indicated opposition. At a study session with
City Council in February of2011, City Council directed staff to move forward with the rezoning but to directly contact the three property owners who expressed opposition. Staff met with
the two owners who live in Colorado to discuss their concerns. After meeting with staff, both owners are now in favor of the rezonmg. The third owner who expressed opposition is out-of-state
and owns the property at 7525 W. 44th Avenue, which is currently leased to a Pep Boys facility. Staff has spoken on the phone and exchanged letters with the owner's attorney (see attachment
2). Reasons cited for opposition include existing easements and development restrictions tbat are recorded on the property and other adjacent properties, as well as concern that the
mixed use zoning will not lead to successful mixed use development in the area. While it is true that the easements and restrictions on the property would need to be removed in order
for any significant redevelopment of the land to occur, the proposed new zoning would not directly impact any privately recorded restrictions on
Council Action Form June 27, 2011 · Page 6 the land. Staff has exchanged letters with the owner's attorney and requested to speak directly with the owner via phone regarding their concerns,
but thus far the owner has not responded beyond the attorney's letters. Most recently, staff mailed another letter to all property owners in the rezoning area to notify them that the
rezoning is moving forward (see Attachment 4). The letter included the dates for the Planning Commission and City Council public hearing dates and informed owners that the public hearings
were their final opportunity to comment on the proposed rezoning. A map showing current owner responses to the survey mailed in late 2010 is included in Attachment 3. Code-Required Process
for Comprehensive City-Initialed Rezonings Section 26-113 of the Wheat Ridge Zoning Code allows the City to initiate rezonings without consent of affected property owners. The first
step in the process is for City Council to adopt a resolution that indicates the proposed area to be rezoned and states the intended purpose of the rezoning. This was completed on March
14, 20 II. The next step is for the City to hold a neighborhood meeting, to which any property owner within 600 feet of the site is invited. The City held a neighborhood meeting on April
13,2011 (please see neighborhood meeting notes in Attachment 5). Meeting attendees asked questions about how the new zoning might impact future development on Wadsworth. They also asked
questions about the future of Wadsworth in general, including the potential for the street to be widened in the future. After the neighborhood meeting, the proposed rezoning must go
to a public hearing before Planning Commission, who shall make a recommendation to City Council to approve, approve with modifications, or deny the rezoning proposal. Upon receipt of
the Planning Commission's recommendation, the City Council shall hold a public hearing on the proposal and shall vote to approve, approve with modifications, or reject the proposal.
City Council's decision shall be based on the facts presented in the public hearing in consideration of the criteria for review specified in Section 26-1120. Staff has provided an analysis
of the zone change criteria, outlined as follows: 1. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error; or Staff
has not found any evidence that there is an error with the current zone districts as they appear on the City zoning map. 2. A change in character in the area has occurred due to installation
of public facilities, other zone changes, new growth trends, deterioration, or development transitions. The Wadsworth corridor has seen significant change over the past few decades.
Traffic congestion, underutilized land, and blight along the corridor led the City Council and Urban
Council Action Form June 27, 2011 . Page 7 Renewal Authority to adopt the Wadsworth Boulevard Corridor Redevelopment Plan in 2001. This plan, which coincides with the rezoning area,
calls for the redevelopment of Wadsworth in order to remove blight, improve pedestrian safety, and provide economic benefits for the City as a whole. 3. The Planning Commission shall
also find that the evidence supports the finding of at least four of the following: a. The change of zone is in conformance, or will bring the property into conformance, with the City
of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area. The proposed zoning is consistent with the policies and goals in the
City's Comprehensive Plan and the Wadsworth Corridor Subarea Plan. Both plans call for higher density, mixed use development along Wadsworth Boulevard. More specifically, the Comprehensive
Plan identifies the land between W. 38th and W. 44th Avenues as a quality, mixed use town center. The proposed MU-C zoning, which encourages mixed use development and contains design
standards, directly fits with these goals. b. The proposed change of zone is compatible with the surrounding area and there will be minimal adverse impacts considering the benefits to
be derived. The proposed change of zone is compatible with the surrOlmding area, especially since Wadsworth Boulevard is a primary commercial corridor targeted for higher density commercial
and mixed use development. Where there are existing residential neighborhoods adjacent to the rezoning area, required residential transitions in the MU-C code should help protect the
character of these neighborhoods and ensure that there are minimal, ifany, adverse impacts. c. There will be social, recreational, physical and/or economic benefits to the community
derived by the change of zone. The proposed zone change should be a benefit to the community. The new zoning will enable mixed use redevelopment of an urban renewal area, bringing new
uses that are likely to improve the character of the street, generate sales tax for the City, create housing to attract new residents, and provide a balanced mix of land uses. The new
zoning also requires that any new development provides new open space, which will benefit the community. d. Adequate infrastructure/facilities are available to serve the type of uses
allowed by the change of zone, or that the applicant will upgrade and provide such where they do not exist or are under capacity. Any new development under the proposed MU-C zoning will
be required to complete a site plan review process, which includes referral to all impacted utility agencies. Where utility
Council Action Form June 27, 2011 . Page 8 upgrades are needed to service new development, the applicant will be required to provide those upgrades. e. The change of zone will not adversely
affect public health, safety or welfare by creating excessive traffic congestion, creating drainage problems, or seriously reducing light and air to adjacent properties. The change of
zone will not adversely affect public health, safety or welfare. While the new zoning would allow high-density development that could generate additional traffic, it is not clear that
development under the proposed zoning would generate any more traffic than might occur with development under the existing commercial zoning along the corridor. Any larger proposed development
under the new MU-C zoning would be required to complete a traffic study as part of the site plan submittal and to install infrastructure and traffic signal improvements as required by
Public Works. Development proposals will also be required to meet storm water drainage and water quality requirements in order to be approved, thus no drainage problems are anticipated.
4. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. This criterion is not applicable since the Architectural
and Site Design Manual does not apply in the MU-C zone district. RECOMMENDATIONS: The proposed MU-C zone district would encourage the type of quality, mixed use development that is called
for in the City's plans for Wadsworth. Key aspects of the MU-C zone district that would promote the mixed use redevelopment of this site include: • A streamlined development review process
• A wide range of allowable land uses, including residential • Architectural standards, such as build-to requirements and ground floor transparency, that encourage quality design but
allow for more flexibility than the ASDM, which currently applies to the site • Higher allowable building heights and densities • Flexible parking requirements • Requirements Requirements
for residential transitions that will help protect the existing residential neighborhood close to the site For these reasons, the proposed rezoning would help advance redevelopment of
a priority area within the City, enabling high-quality mixed use development that fulfills the City'S adopted plans for a mixed use town center on Wadsworth. RECOMMENDED MOTION: "I move
to approve Council Bill No. 22-2011, an ordinance approving the comprehensive rezoning of property located along the Wadsworth corridor between W. 35th and W. 45th
Council Action Form June27, 201l Page 9 Avenues to the Mixed Use-Commercial (MU-C) zone district, on first reading, order it published, public hearing set for Monday, July 11,2011, 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. 22-2011, an ordinance approving the
comprehensive rezoning of property located along the Wadsworth corridor between W. 35'h and W. 45'h Avenues to the Mixed Use-Commercial (MU-C) zone district for the following reason(s)
" REPORT PREPARED BY; Sarah Showalter, Planner II Kenneth Johnstone, Community Development Director A TT ACHMENTS: I. Council Bill No. 22-2011 2. Letters from the attorney representing
the owner of7525 W. 44'h Avenue 3. Map showing property owner responses to the survey on rezoning 4. Letter to property owners with notification of public hearings 5. Neighborhood meeting
notes
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER -::--____ _ COUNCIL BILL NO. 22 ORDINANCE NO .. "77---Series 2011 TITLE: AN ORDINANCE APPROVING THE COMPREHENSIVE REZONING
OF PROPERTY ALONG THE WADSWORTH CORRIDOR BETWEEN W. 35TH AND W. 45TH AVENUES TO THE MIXED USE-COMMERCIAL (MU-C) ZONE DISTRICT (CASE NO. WZ-11-03) WHEREAS, the City Council of the City
of Wheat Ridge is authorized by Section 26-113 of the Wheat Ridge Code of Laws to initiate rezoning of property; and WHEREAS, the City Council of the City of Wheat adopted a resolution
on March 14, 2011 initiating the rezoning of property located along the Wadsworth Corridor Mixed Use-Commercial (MU-C); and WHEREAS, the Wadsworth Corridor Subarea Plan was adopted in
2007 and the Envision Wheat Ridge comprehensive plan was adopted in 2009; and WHEREAS. both plans recommend that the Wadsworth corridor redevelop over time with a higher density, mixed
use development pattern; and WHEREAS, the existing zoning designations in this area are commercial, which only allows for limited residential development; and WHEREAS, the rezoning of
the property to Mixed Use-Commercial (MU-C) would support City's adopted policy for the corridor to redevelop over time in a higher density, mixed use pattern; and WHEREAS, the City
of Wheat Ridge Planning Commission held a public hearing on June 16, 2011 and voted unanimously to recommend approval of rezoning to Mixed Use-Commercial (MU-C). NOW THEREFORE BE IT
ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1: Pursuant to the findings made based on testimony and evidence presented at the public hearing before the
Wheat Ridge City Council, Mixed Use-Commercial (MUC) zoning is approved for the following land: Attachment 1
The area located generally north of West 35th Avenue, west of Upham Street, south of West 45th Avenue, and east of Yarrow Street, as shown on the below map. The area to be rezoned includes
adjacent right-of-way, extending to the centerline of that right-ofway. 1-1 () I-Z I-(f) 0 (f) ;: >:: i>: :::J 4TH PL >-0 >-I J: i>: "-i>: W ~ .'''''1,,,'1'1'1'1'1 N i i i i I 41ST AVE
) • ) 0 J .I t ... (f) z 0 (f) :i ..J < .....4 ,.5 .T. ,H. . A. .V..E.-i l-~ (f) • w i ~ 44TH PL i i :! i 11'1'1111 1111'1'1"" i ... ,. .... ,. .......... .44TH AVE! 35TH PL1 I-(f) i>:
W ..J ..J W l-... () J: C> ~ :1$1"1( I 4!'~
Section 2: Approval of this zoning does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code
of Laws of the City of Wheat Ridge. Section 3: Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power
of the City of Wheat Ridge, that it is promulgated for the health, safety and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and
for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative objective sought to be
attained. Section 4: Severability; Conflicting Ordinances Repealed. If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid,
the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of the ordinances in conflict with the provisions of this
ordinance are hereby repealed. Section 5: Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED,
READ, AND ADOPTED on first reading by a vote of _ to __ on this 27th day of June, 2011 , ordered it published with Public Hearing and consideration of final passage settor Monday, July
11th, 2011 at 7:00 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 , 2011 . SIGNED by the Mayor on this ___ day of _______ , 2011 . Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk
Approved As To Form Gerald E. Dahl, City Attorney First Publication: ____________ _ Second Publication: --,---__________ _ Wheat Ridge Transcript: _________ _ Effective Date: _____________
_
JACOBS CHASE Michael A. Smith (303) 389-4643 msmith@jac:obsdlase.c:om • AIr 0 R ~ [ y S· 1050 17th Street Suite 1500 December 10,2010 City of Wheat Ridge Community Development Department
7500 West 29th Avenue, Second Floor Wheat Ridge, Colorado 80033 ATTENTION: Sarah Showalter sshowalter@ci.wheatridge.co.us Re: REZONING OF WADSWORTH BOULEVARD -WEST 38TH TO WEST 44TH
Dear Ms. Showalter: I am writing on behalf of Pacific Realty Associates, LP, which is the owner of the property located at the northeast corner of the intersection of 44th Avenue and
Wadsworth Boulevard in Wheat Ridge. That property is occupied by a Pep Boys store. It is a large site, containing 113,974 square feet, on which there is located a 27,756 square foot
building and an approximately 86,000 square foot parking lot. Last year, this parcel generated $33,827.28 in real property taxes and in excess of $200,000.00 in sales taxes. My client
strongly opposes the proposed rezoning. Additionally, my client would request that their property not be be included in the area of the proposed rezoning if the City Council decides
to proceed ahead. My client's opposition is based on a number of points. The first point has to do with the encumbrances, easements and restrictions of record. This portion of Wadsworth
Boulevard has been an automobile-focused development since it was initially developed. As a result, the development of the individual properties along this portion of Wadsworth Boulevard
has proceeded using schemes that supported and enhanced commercial uses and development based on automobiles. An examination of the status of the underlying title to many of these properties,
including my client's property, would indicate that there are complementary cross easements and access easements that burden and benefit many of these properties. These easements generally
exist to provide access from Wadsworth, 44th and 38th to a group of businesses sharing a parking lot. and to provide back and forth access across shared parking lots to those businesses.
Because these easements affect multiple properties, it would take the consent of all of the owners of the affected properties to Denver, CO 80265 303·685·4800 303·685·4869 fax www.jacobschase.com
Attachment 2
City of Wheat Ridge Community Development Department ATTN: Sarah Showalter December 10, 20 I 0 Page 2 make any changes to those agreements. Additionally, the consent of any lenders who
have encumbered any of these properties would also be required for changes. The Pacific Realty Associates, LP Property is encumbered by the attached AGREEMENT CREATING GRANT OF EASEMENTS
WITH COVENANTS AND RESTRICTIONS AFFECTING LAND. This document imposes a number of restrictions and easements on my client's property. Many of those restrictions are fundamentally inconsistent
with the terms of the proposed rezoning, however, the proposed rezoning does nothing to eliminate or modify the provisions of the AGREEMENT CREATING GRANT OF EASEMENTS WITH COVENANTS
AND RESTRICTIONS AFFECTING LAND. This problem is critical, because no development can take place that would be inconsistent with these easements and rights without the amendment of the
easements and rights, short of the exercise of eminent domain. A property owner who might be interested in developing its property in accordance with the proposed standards would find
that the easements and other rights which affect his property would not allow the proposed development. Unless all of the property owners would be willing to amend their property rights,
and all of their lenders would be willing to consent to those amendments, the proposed rezoning does not provide any meaningful opportunities for change. The proposed rezoning, even
with the provisions for non-conforming uses, would only discourage the existing property owners from investing in those buildings and properties. The requirements for parking lot screening,
street orientation and transparent facades, as examples, only serve to discourage property owners from improving their existing properties. The businesses along this portion of Wadsworth
Boulevard provide substantial sales tax revenue to the City of Wheat Ridge. Any evaluation of the proposed rezoning should consider seriously whether the types of businesses that would
occupy the proposed development would produce sales tax revenue that would replace the sales tax revenue generated by the existing businesses. Additionally, this concept of pedestrian-friendly
development is not appropriate for this location. The portion of Wadsworth Boulevard proposed for this change is immediately south of Interstate 70 -a large and very busy multi-lane
highway. There is no prospect that Interstate 70 will ever be relocated away from its current location. The most likely future for Interstate 70 will be continued expansion. Interstate
70 serves as an almost complete barrier to persons coming on foot or by bicycle from north of Interstate 70. Additionally, the exit and entrance ramps on the south side ofInterstate
70 make getting to this portion of Wadsworth Boulevard, (00275186.DOC 2}
City of Wheat Ridge Community Development Department AnN: Sarah Showalter December 10,2010 Page 3 north of the interstate, also problematic and dangerous for pedestrians. Each of Wadsworth,
44th Avenue and 38th Avenue are major thoroughfares. Pedestrians will not easily be strolling across Wadsworth to window shop and explore. Additionally, this portion of Wadsworth Boulevard
is not within a meaningful proximity to the FasTracks station proposed for the Gold Line to take advantage ofthe transit-oriented development possibilities. The proximity of Interstate
70 serves to provide a serious detriment to any residential development that would be proposed for these properties along Wadsworth--one of the goals of the proposed changes. The noise
alone would discourage residential Jiving. Additionally, the residential development planned in the proposed rezoning would be on the upper floors of vertical development. Those upper
floors would be even more adversely affected by the noise from Interstate 70,
Wadsworth Boulevard, 44th Avenue and 38th Avenue. The vision of a town center, as contemplated by the proposed rezoning, does not have a strong track record of success. Before any rezoning
is adopted, other attempts at creation of town centers should be examined to evaluate the factors that led to success or failure. The most recent example in the metropolitan area was
the attempt in Aurora, which has not yet succeeded in creating a pedestrian-friendly town center. In other locations where a town center has been created, the first, and most significant
differentiating factor has been the fact that the entire property involved has been under the control of a master developer. Both Belmar and the Stapleton Town Center had that advantage.
Here the properties covered by the proposed rezoning are owned by a fairly large number of owners, some of whom own large parcels and some of whom own small parcels. Both Belmar and
Stapleton also had the advantage of being large parcels where the entire parcel was going to be developed over time. Both were designed with adjacent high density residential complements.
The Wadsworth corridor does not have either ofthose advantages. Neither Belmar nor the Stapleton Town Center has a sufficient track record to determine if this type of town center development
will be successful in the long term. Pacific Realty Associates, L.P.has significant experience in mixed use development. It is the developer of the 200-acre nationally recognized Orenco
Station in Hillsboro, Oregon. This project was awarded the National Home Builders Association "Best Planned Community in America" in 2000 and the "ULI Top 10 Communities in the World"
in 2002. Pacific Realty Associates, L.P. believes the requisite components for successful mixed use development does not exist in this Wadsworth Boulevard location. (002751 86.DOC2)
City of Wheat Ridge Community Development Department ATI"N: Sarah Showalter December 10, 20 \0 Page 4 Pacific Realty Associates, LP strongly opposes the proposed rezoning. If the proposed
rezoning proceeds, Pacific Realty Associates, LP would request that the boundary of the proposed rezoning ends at the south side of 44th Avenue, or that the Pacific Realty Associates,
LP property be excluded from the proposed rezoning. MAS:jc Attachment l0027S186.DOC2}
City of ~Whcat&'-dgc ~OMMUNllY DEVELOPMENT City or Wheat Ridge Municipal Building 7500 W. 2<J" Ave. Wheat Ridge, CO 80033-8001 P: 303.235 .2846 F: 303.235.2857 April 21 2011 Mr. Michael
A. Smith Jacobs Chase Attorneys 1050 17th Street, Suite 1500 Denver, CO 80265 Re: City-Initiated Rezoning of the Wadsworth Corridor Dear Mr. Smith, I am writing in response to your letter,
dated December 10, 20 10, which you wrote on behalf of your client, Pacific Realty Associates, LP, the owner of7525 W. 44th Avenue. I, along with the Community Development Director,
Kcnncth Johnstone, attcmpted to set up a conversation with you and your client to discuss your client's reasons for opposing the rezoning. Since we have not heard back from you or your
client, we wanted to send a letter addressing the concerns raised in your letter from December. As indicated during a brief phone call on March 2 1, 20 II , the Wheat Ridge City Council
adopted a resolution on March 14, 20 II that officially started the process of a legislative rezoning of properties on the Wadsworth corridor, roughly between W. 35th and W. 45th Avenues,
to the Mixed Use-Commercial (MU-C) zone district. The resolution included a map (enclosed) depicting the proposed rezoning area, which includes your client's property. The boundaries
of the rezoning arca align with the urban renewal areas, established in the I 990s, along Wadsworth Boulevard. We have reviewed your client's reasons for opposition to the proposed rezoning
to MU-C. We are aware of the easements and covenants that cncumber your client's property and the limitations that this creates for new development on the property. However, this situation
is also true under your client's current zoning, Commercial-One (C-I), due to an architectural overlay that was put in place with the adoption of the Architectural and Streetscape Design
Manual (ASDM) in 2007. Your client's property is within the Contemporary Overlay, which has build-to requirements very similar to those in the MU-C zone district, as well as architectural
requirements that, in some cases, are less flexible than those in the MU-C zoning. While the easements and covenants that encumber your client's property pose some challenges to redevelopment
of the site, they in no way preclude new development that would comply with the proposed MU-C zoning. It is possible that the various property owners subject to the restrictions would
agree to amending the restrictions. It is also possible that, in the future, one owner would gain control of all of the properties and have the ability to amend or terminate the restrictions.
The document that establishes the easements and covenants is a private agreement that could change, that expires in 2023, and that is not directly related to the zoning of the site.
www.ci.wheatridge.co.u!l
We understand your client's position that Wadsworth has traditionally been an auto-oriented street. We purposely developed the MU-C zone district to encourage a greater mix of uses and
an increased emphasis on the pedestrian, while also recognizing the auto-oriented nature of this major arterial. For that reason, several car-Iocused uses such as auto repair (with no
outdoor display) are allowed as conditional uses. This means that these uses are allowed, subject to an administrative review focused on site design in order to mitigate impacts on neighboring
properties. We would also like to emphasize that the City's adopted plans for the area, including the Wadsworth Subarea Plan (2007) and the City's Comprehensive Plan, Envision Wheat
Ridge (2009), call for the transformation of the Wadsworth area with higher-density, mixed usc development. The intent of the rezoning is to help enable such changes over the coming
decades. In response to your client's concern that the new zoning would discourage existing property owners from investing in their properties, there is language in the MU-C zoning that
allows some flexibility for existing structures. For example, an existing building can expand up to 15 percent without having to meet the requirements of the code. Second, an existing
building that is nonconforming due to design requirements in the code may be altered or expanded as long as the nonconformity is not made any worse. This means that a property owner
could upgrade an existing fa«ade, for example, without having to meet the transparency requirements in the code. Overall, the proposed rezoning to MU-C is intended to be a win-win for
the City and property owners. It increases the development options for properties through higher allowable densities, a wide range of permitted uses, reduced open space requirements,
and flexible parking requirements. In addition, the MU-C zoning creates a streamlined, administrative review process for all new development proposals. I hope that this letter helps
to clarify some of of the issues related to your client's concerns. Please do not hesitate to contact me or Kelmeth Johnstone to discuss any of these points in further detail. S~?( JZ~
Sarah Showalter, AICP, LEED AP Planner II
JACOBS CHASE Michael A. Smith (303) 389-4643 msmlthGj&cobschase.com , ~ ~ I I U H " r r ' 1050 17th Street Suite 1500 Denver, CO 80265 303-685-4800 303-685-4869 fax www.jacobschase.com
June 13,2011 City of Wheat Ridge Community Development Department 7500 West 29th Avenue, Second Floor Wheat Ridge, Colorado 80033 ATTENTION: Sarah Showalter sshowalter@cLwheatridge,co.us
Re: REzONING OF WADSWORTH BOULEVARD -WEST 3811t TO WEST 4411t Dear Ms. Showalter: I am writing on behalf of Pacific Realty Associates, LP, which is the owner of the property located
at the northeast comer of the intersection of 44th Avenue and Wadsworth Boulevard in Wheat Ridge. This letter is in response to your letter of April 21, 2011. In addition to the objections
that I raised on behalf of Pacific Realty Associates, LP in my December 20, 20 I 0 letter, your letter prompts additional questions and objections. First, let me point out that, in order
for any development of the property to be successful under the proposed new zoning, something has to happen on the part of the owners of my client's property, as well as any other property
that has an interest in the common easements. Additionally, any property lenders having a lien against the property must consent to any changes. The City's premise is that something
is "possible". "Possible" does not lead to a necessary conclusion that any redevelopment will happen and, if it happens, will be successful. You make reference to the 2007 Architectural
and Streetscape Design Manual and its potential effect on my client's property and the general neighborhood. The fact that little has occurred along this portion of Wadsworth Boulevard
using the new standards contained in the 2007 Architectural and Streetscape Design Manual is telling. Property owners have not engaged in any significant redevelopment or improvement
of their properties in response to the 2007 Architectural and Streetscape Design Manual. There has been no groundswell of participation in the new standards. This lack supports the point
I made in my December letter. This location does not lend itself to the type of redevelopment that has been successful in other locations. There are few true success stories in this
type of rezoning, as I pointed out in my (OO283004.IX>C 2)
City of Wheat Ridge Community Development Department ATTN: Sarah Showalter June 13,2011 Page 2 December letter. And there are far more examples of this type of attempt that are unsuccessful
than have been successful. Right now, the City's existing and proposed development restrictions do not foster redevelopment for the existing property owners and uses. Instead, the effect
will be that the existing property owners have an economic incentive to not make changes to or redevelop their properties. The most logical financial response is to minimize investment
in properties which are in the proposed rezoning area. Finally, the map itself poses some very interesting questions. For example, the properties along the east side of Wadsworth Boulevard,
from 3Sth to 38th, are not included, while the properties on the west side of Wadsworth Boulevard, from 3 Slh to 38th, are included. The most glaring omission is the southeast comer
of Wadsworth Boulevard and 441h Avenue. Three of the four comers of that intersection are included in the proposed rezoning, while the fourth comer is excluded. The map of the proposed
Commercial MU-C district shows that my client's parcel is an isolated island on the northeast end of the district. The boundaries indicated that there is a two block section of the east
side of Wadsworth and a two block section on the south side of 44th that are not included. These gaps defeat the purpose of a pedestrian friendly district. The two block gap as a pedestrian
walks north along the east side Wadsworth will discourage pedestrian traffic from proceeding any further north than 42nd Street. And the exclusion ofthe south side of 441h means that
the businesses on the north side of 441h are also disadvantaged. The exclusion of the southeast quadrant of Wadsworth and 441h does not make sense. If the intent is to create a pedestrian
friendly development scheme, leaving out key parcels is a critical flaw, especially at a major intersection. Since the City finds it critical to exclude that parcel, the north east quadrant
is not enhanced by the proposed rezoning. It does not become a parcel that supports pedestrian friendly development. In your letter, you posit that one owner might gain control of all
of the properties. If the City is interested in creating new pedestrian centric development, then that is probably the best option. My client would be willing to discuss the possibility
of selling its parcel to the City so that the City can proceed to carry out the type of development that the City desires. Again, my client, Pacific Realty Associates, LP strongly opposes
the proposed rezoning. If the proposed rezoning proceeds, Pacific Realty Associates, LP would request that the boundary of the proposed rezoning ends at the south side of 44th A venue,
or that the Pacific Realty Associates, LP property be excluded from the proposed rezoning. Either of those results is consistent with the exclusion of the (00283004.DOC 2)
City of Wheat Ridge Community Development Department ATTN: Sarah Showalter June 13, 2011 Page 3 southeast corner of the Wadsworth and 44th intersection and the exclusion of the east
side of Wadsworth between 35th and 38th, MAS:jc {00283004,OOC 2)
, City of ~Wheat~£Te ~OMMUN[n' DEVELOPMENT ~ City of Wheat Ridge Municipal Building 7500 W. 29" Ave. Wheat Ridge. CO 80033·8001 P: 303.235 .2846 f : 303.235.2857 May 17, 2011 Dear Property
Owner, On March 14,2011 the Wheat Ridge City Council formally initiated a legislative rezoning of properties located on the Wadsworth Boulevard corridor, roughly between W. 35'" and
W. 45" Avenues (pl""se see enclosed map for the boundaries of the rezoning area). The rezoning would apply the IyIixed UseCommercial (MU-C) to all of the properties in the rezoning area.
The purpose of the rezoning is to help implement the vision for Wadsworth to be redeveloped with higher-density, mixed-use development, as established in the Wadsworth Corridor Subarea
Plan (2007) and the City's Comprehensive Plan, Envision Wheat Ridge (2009). The City started work on mixed use zoning targeted for Wadsworth and other priority redevelopment areas in
early 2010. That process involved a meeting with property owners in the targeted rezoning area. Staff also held a meeting for property owners on November 9, 2011 to inform them of the
MU-C zoning and seek input on a City-initiated rezoning for Ihe corridor. Since the rezoning was formally initiated by City Council on March 14, the City held a neighborhood meeting
lor all property owners within 600 feet of the rezoning area on April 13, 20 II. Now that the neighborhood meeting is complete, the next steps in the rezoning process are public hearings
before Planning Commission and City Council. At the Planning Commission Public Hearing, the COllumssion will recommend either approval or denial of the rezoning. City Council will then
vote to approve or deny the rezoning at a final Public Hearing. The purpose of this letter is to inform you that the City is proceeding with the public hearings for the Wadsworth rezoning
on the following dates: (I) Planning Commission Public Hearing -June 16'" at7pm (2) City Council Public Hearing -July 11'" at 7pm Both meetings will be held at Wheal Ridge City Hall,
7500 W. 29" Avenue, in the City Council Chambers on the first floor. These public hearings represent the final opportunity for property owners to comment on the proposed rezoning. If
you have specific questions about the proposed MU-C zoning or the meeting dates outlined above, please contact Sarah Showalte~, Planner II, at 303-235-2849. ~ Kcnneth Johnstone, Community
Development Director Attachment 4 www.ci.whcatridgc.co.us ,I. . I ,I I I I ! i !
\ , < . • r City of_ '~Wheat&"'dge ~OMMUNllY DEVELOPMENT City orWheat Ridge Municipal Building 7500 W. 29-Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 Meeting Date:
Attending Staff: Location of Meeting: Land Use Proposal: Attendees: NEIGHBORHOOD MEETING NOTES April 13,2011 Kenneth Johnstone, Community Development Director Sarah Showalter, Planner
II Lauren Mikulak, Planner I City of Wheat Ridge Municipal Building 7500 W. 29th Avenue Wheat Ridge, CO 80033 City-initiated rezoning of the Wadsworth Corridor to Mixed UseCommercial
(MU-C); proposed rezoning boundary is the area within the urban renewal area Jackie Ingenthrone Tom and Gay Anne Fey AI Buerger Jeff Sparkman Dave and Debbie Dowda Don Matoush Ana and
Lynne Martineli David Gardenas Susan Peguero Linda Wolf Katie and John Field John Bever Dan Boise Chad Harr Todd Hammond F. Schiller Deanna Leind Lorraine Newmann Maria Nunez John Minshall
Alice and Richard Doyle Scott Ohm Jerry Roach Jen Embree-Bever Rolly Sorrentino Margaret Schalt Attachment 5 www.ci.wheatridge.co.us
Existing Zoning: Com prehensive Plan: Wadsworth Subarea Plan: Neighborhood Commercial (N-C), Restricted Commercial (R-C), Commercial-One (C-I), Commercial-Two (C-2), Planned Commercial
Development (PCD) Mixed Use Town Center; Primary Commercial Corridor Medium to High Density Mixed Use Existing Site Conditions: The proposed area for rezoning encompasses over 60 properties
along the Wadsworth corridor, roughly between W. 35th Avenue and W. 45th Avenue. The proposed rezoning boundaries follow the urban renewal boundaries for this area. The properties that
compose the rezoning area consist of a wide range of commercial uses and all have a commercial zoning designation today (CI, C-2, N-C, R-C or PCD). There are a few properties with residential
uses and commercial zoning. Wadsworth Boulevard is a 5-lane commercial arterial, owned by the Colorado Department of Transportation (COOT). Applicant/Owner Preliminary Proposal: The
Wadsworth corridor, between W. 38th and W. 44'h Avenues, is designated in the City's plans as a priority area for mixed use, medium-to high-density redevelopment. The Wadsworth Corridor
Subarea Plan, adopted in 2007, designates this portion of the corridor for future medium-to high-density development with a mix of land uses. This vision was refined in the City'S recently
adopted Comprehensive Plan, Envision Wheal Ridge, which designates Wadsworth as a primary commercial corridor and calls for a mixed use town center between W. 38th and W. 44th Avenues.
Envision Wheal Ridge identified this area of Wadsworth as one of five priority redevelopment areas and recommended the development of new mixed use zoning that could be utilized on Wadsworth,
along with other priority redevelopment areas, to allow and encourage high-quality, mixed-use development. To this end, the City developed a mixed-use zoning ordinance that was adopted
by City Council in September, 20 I O. One of the mixed use zone districts, Mixed Use-Commercial (MU-C), was specifically designed for major commercial arterials like Wadsworth . The
zoning is intended to allow greater flexibility than the existing commercial zoning in the area (particularly by allowing residential uses), to ensure quality design through the incorporation
of design standards, and to create a streamlined development review process for any new development under the MU-C zoning. In order to help implement the City'S plans for Wadsworth and
establish zoning that will allow for medium-and high-density mixed use development, City Council adopted a resolution on March 14, 2011 to pursue a comprehensive legislative rezoning
of the Wadsworth corridor. The following is a summary of the neighborhood meeting: • Staff presented a 30-minute overview of the proposal. The presentation addressed the following topics:
o Purpose of the neighborhood meeting o Overview of the current zoning o Overview of the proposed boundary and proposed zoning o History of the City's planning efforts along the corridor,
including the Wadsworth 2
Subarea Plan and Envision Wheat Ridge o Overview ofthe Mixed Use-Commercial zone district, including: allowable uses, building height, and architectural standards o Overview of the rezoning
process o Overview of the site development process (assuming MU-C zoning is approved), including the concept plan and site plan review procedures • Staff informed attendees of the anticipated
Planning Commission and City Council public hearings. The hearings are required parts of the rezoning process at which members of the public will be able to comment on the proposal.
Notification of the hearings will be posted on the City website and in the Transcript, but there will be no mailings to property owners. The following issues were discussed regarding
the rezoning proposal: • Wadsworth is already very busy road, and the proposed mixed use zoning could attract additional traffic. What plans does the City have for widening Wadsworth
Boulevard, so it can handle the additional traffic? Wadsworth Boulevard is planned to be upgraded to a 6-lane facility within a 150-loot right-o~ way envelope. Wadsworth is a state highway
and is controlled by the Colorado Department of Transportation (CDOT). CDOT will be responsible for conducting environmental assessments and a public planning process to identifY a final
roadway design for the corridor. The City's Department of Public Works is working with CDOT to secure funding for these processes, but it will likely be at least a couple of years before
they begin. In the meantime, new development will be subject to the requirements of the Streetscape Design Manual which will help to improve the pedestrian environment along Wadsworth
before and after the road is widened • Are there currently any development proposals for the west side of Wadsworth between W. 38th and W. 35th Avenues (vacant land and the former GO
Ford dealership)? No; no specific development proposals have been identifiedfor the site at this time. City Council has identified the property as a high priority redevelopment area
and and will be defining their vision for the site in the upcoming months. • Why is the southeast corner of Wadsworth and W. 38th Avenue not included within the boundary for the proposed
rezoning? This corner includes a church and residential neighborhood The area is not included in the rezoning because it is not part of the urban renewal area. It was probably excludedfrom
the urban renewal area because it is a well-established area and with no finding of blight. • Will the intersection of W. 41 st Avenue and Wadsworth (by the elementary school) become
a signalized intersection? This intersection was identified as a signalized intersection in the Wadsworth Subarea Plan, but CDOT has not taken any action to put a light at this location.
The signal was proposed as a tr~ifc engineering solution to create better traffic flow and even spacing between 38''', 41'f, and 44f' Avenues. Discussion of signal locations will be
part ofCDOT's planning process if or when Wadsworth is widened. • The vacant lot at W. 35th Avenue Avenue and Wadsworth (south of the former Ford dealership) used to be a running water
wetlands, but it currently retains stagnant water. Does this standing water have to stay? To accommodate regional water flow and meet water detention requirements, it probably needs
to remain. The water stagnancy may be a reflection of recent drought conditions. Future developers may reengineer the water detentionfacility to improve itsftmction andjlow. (Some discussion
followed regarding unsuccessftd attempts to drain this facility by developers in 3
the past.) o There are no sidewalks along Wadsworth from W. 35th to W. 38th Avenues. Are there any future plans to install sidewalks? The City wants to see sidewalks along Wadsworth
from W 35'h to W 46'10 Avenues, and we can require that sidewalks be installed as new development occurs along the corridor. Typically a right-oI-way reservation will be required with
new development to accommodate the jii/ure widening of Wadsworth. Based on the reservation, the City will estimate where developers can put sidewalks now so they remain inlact even as
the road is widened in the future. o How will the neighborhoods on the east and west sides of Wadsworth be connected, and will there be improved ways to cross Wadsworth as a pedestrian?
Different options for crossing Wadsworth will be considered during CDOT's planning process for the roadway widening. Future crossings will probably continue to be at grade (as opposed
to an elevated walkway), however there are improvements that can be considered to make the crossingfeel more safe. For example, medians would allow pedestrians to stop safely in the
roadway and adjusted signals would allow more time for crossing. o Will the mixed use zoning allow six (6) story apartment buildings? It depends. The Mixed Use-Commercial zone district
only allows six (6) story structures for mixed use buildings. For example, if the first floor contains commercial uses, an additional five (5) stories may include residential uses. Single
use buildings in the MU-C district are only allowed up to jour (4) stories. For point of reference, the Commercial-One (C-I) zone district currently allows structures up to 50-jeet in
height. o If the mixed use zoning is approved, how do you prevent the construction of thousands of rental apartments in six (6) story buildings? The zoning code does not distinguish
between renter-occupied and owner-occupied residential units, and six (6) story structures would only be allowedfor mixed use buildings. Based on market conditions and preliminary utility
capacity studies, it is unlikely that the corridor will be able to support thousands of new residential units. That being said, there is the potential for several hundred new residential
units, and the City is encouraging this type of development. New residential construction al/racts more people ta the corridor, supports business in the area, and provides more housing
options for the City. For a variety of reasons, the City wants more people living and working along Wadsworth. o Will there be a new public library on Wadsworth? There is currently no
proposaljor a new library on Wadsworth, although civic uses are allowed and encouraged under the mixed use zoning. o If the rezoning is approved and existing property owners want to
make improvements to their property, will they be subject to the new architectural standards? The Community Development Department has met with many property owners along the corridor
and recognizes the limitalions of existing properties. In response, the mixed use code includes language that provides some relief for current structures that do not meet the architectural
requirements in the code. If an existing structure is expanded by more than 15% of the gross floor area, the new standards will apply to the expansion, where practical. o The residential
transition requirements address new mixed use development adjacent to single-and two-family uses. What are the setback requirements for mixed use development next to the Residential-Three
(R-3) zone district (where there is multi-family residential)? Residential transition and upper story stepbacks are required where new mixed use development abuts residentially or agriculturally
zoned lots that contain single-or two-jamily residential uses. These upper story stepbacks do not apply where new development is adjacent to properties zoned R-3, however there are other
setbacks and buffers that will apply. For example, surface 4
parking lots on MU-C property are subject to landscape buffer requirements, and all other development is subject to a 5-/00t rear yard setback. • If the rezoning is approved, how soon
can someone build and be subject to the mixed use requirements? The Wadsworth rezoning is expected to be approved by late summer, and the mixed use zone district would become effective
15 days after Cily Council approval. • When the property at 44th and Wadsworth was rezoned, wasn't there discussion of including County buildings? Is Jefferson County still expected
to build on that site? The Urban Renewal Authority has been negotiating wilh potenlial end users of this sile. While Jefferson County had indicated significant in/erest in locating services
at 44'" and Wadsworth, they have since withdrawn from the sile. A recent change in County Commissioners has resulted in a review of the Counly 'S capital investment budgel. At this point
there are no plans for a County building on the sile. • Didn't City Council approve $1 million million for infrastructure at 44th and Wadsworth to attract the County to the site? Cily
Council did authorize money to supplement the Urban Renewal Authority in the short-term for infrastructure costs. They are using some of that money now for demolilion of the existing
structures, and will continue to use the fimds for infrastructure regardless of whether the County is an end user on the site. • Within the proposed boundary are you planning to rezone
only the C-I properties to MU-C? No, the proposal includes rezoning all parcels within the boundary to Mixed Use-Commercial. This includes properties that are currently zoned Neighborhood
Commercial (N-C), Restricted Commercial
(R-C), Commercial-One (C-1), Commercial-Two (C-2), and Planned Commercial Development (PCD). • What is the timeline for this rezoning process? Although it is not a required step in the
rezoning process, Ollr next action will be a study session with Cily Council. After the study session there will be a public hearing before Planning Commission, followed by a public
hearing before Cily Council. The Cily Council public hearing is expected to take place sometime in mid to late slimmer. 5
", .' _ • Cilyor ]?"WheatRL..dge ITEMNO:~ DATE: June 27, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AWARD RFP-1l-26 CORPORATION IN THE AMOUNT TECHNICAL ENERGY AUDIT AND FOR
THE ACTIVE ADULT CENTER TO ENNOVATE OF $97,740 FOR IMPROVEMENT D PUBLIC HEARING ~ BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1 ST READING D ORDINANCES FOR 2ND READING QUASI-JUDICIAL:
D YES ISSUE: Through the American Recovery and Reinvestment Act (ARRA) of2009, the City received Community Development Block Grant-Recovery (CDBG-R) funds from Jefferson County. The
project approved for use of these funds is an energy audit and subsequent energy efficiency upgrades to the Wheat Ridge Active Adult Center. The scope of work includes evaluating the
Active Adult Center for energy efficiency equipment or facility upgrades and providing a comprehensive technical energy audit report, which will include energy upgrade recommendations,
project management, and supervision of the implementation/construction phase. The scope also includes tracking of both short-term gains and the long-term results of the energy upgrades
implemented. On April 27, 2011, five proposaJs were received for the project. All firms met the initiaJ proposal requirements. Proposals were evaluated and short listed. Interviews were
conducted with four firms. Ennovate Corporation of Aurora, Colorado was the firm ranked number one. References were checked. Staff recommends award to Ennovate Corporation based on qualifications,
experience, approach and fee schedule.
Council Action Form June 27, 2010 ' Page 2 PRIOR ACTION: A resolution amending the fiscal year 2010 budget was done to reflect acceptance ofCDBG-R funds in the amount of$97,740; the
funds were encumbered for expenditure in 2011. FINANCIAL IMPACT: $97,740 was appropriated in the General Fund Budget, account #01-624-800-812. Expenditure of these funds is required
by September 2012. BACKGROUND: The American Recovery and Reinvestment Act (ARRA) of2009 was signed into law in February 2009. The Recovery Act awards $1 billion in CDBG-Recovery (CDBG-R)
funds to be distributed to 1,200 cities, counties and jurisdictions that received regular CDBG funding in fiscal year 2008. The purpose of the CDBG-R funds is to stimulate the economy
through measures that modernize the nation's infrastructure, improve energy efficiency and expand educational opportunities. The Department of Housing and Urban Development (I-IUD) strongly
urged grantees to use CDBG-R funds for hard development costs associated with activities that provide basic services to residents, or activities that promote energy efficiency and conservation
through rehabilitation or retrofitting of existing buildings. It was the recommendation of the Community Development Advisory Board (CDAB) that the County CDBG-R funds be distributed
to jurisdictions or organizations in Jefferson County. At the request of the Parks and Recreation Department, the City originally suggested the funds be used for energy improvements
to the Recreation Center. This idea was presented to HUD with the determination that the Recreation Center could be construed as an entertainment venue which did not meet the intent
of the CDBG-R regulations. The funds could not be used at the Municipal Building due to the general conduct of government which is not eligible under CDBG regulations. The funds could,
however, be used for energy improvements to the Wheat Ridge Active Adult Center. RECOMMENDATIONS: Staff recommends approval of this award. RECOMMENDED MOTION: "I move to award RFP-11-26
to Ennovate Corporation, Aurora, Colorado in the total amount not to exceed $97,740 for a technical energy audit and improvements to the Active Adult Center. Or, "I move to deny the
award ofRFP-11-26 to Ennovate Corporation, Aurora, Colorado in the total amount not to exceed $97,740 for a technical energy audit and improvements to the Active Adult Center for the
following reason(s) "
Council Action Form June 27, 2010 . Page 3 REPORT PREP ARED/REVIEWED BY: Julie Brisson, Recreation and Facilities Manager Joyce Manwaring, Parks and Recreation Director Linda Trimble,
Purchasing Agent ATTACHMENTS: I. Bid Tabulation Sheet
PROJECT: RFp·11·26 ESCO FOR ACC ENERGY AUDIT DUE DATE/TIME: WED., 04/27/11 AT 4 P.M. lOCAL TIME _ City of • p Wheat RL-dge REQUESTED BY: SAllY PAYNE OPENED BY: LINDA TRIMBLE PURCHASING
AGENT j.-. ...... C QI E J: U 1"11 .... VENDOR ENNOVATE ENERGY SYSTEM HONEYWELL JOHNSON CONTROL NORESCO cC LOCATION AURORA IN ENGLEWOOD LlTILETON MA ADDENDUM #1 & 2 YES YES YES YES YES
YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES
", ~' _ • City of • ? WheatRi9ge ITEM NO: 5. DATE: June 27, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AWARD RFP-11~07 RIGHT-OF-WAY (ROW) MAINTENANCE SERVICES TO TERRACARE
ASSOCIATES, LLC, CENTENNIAL, COLORADO, IN THE AMOUNT OF $53,920 o PUBLIC HEARING [8J BIDS/MOTIONS o RESOLUTIONS QUASI-JUDICIAL: ISSUE: o ORDINANCES FOR 1ST READING o ORDINANCES FOR 2ND
READING DYES [8J NO • .00000.lJ4 City Manager The 201 1 right-of-way maintenance program provides for weed control, mowing and trimming, trash and debris removal, sidewalk and median
cleaning, street sweeping, and sidewalk cleaning and blowing services in various locations in the City of Wheat Ridge on right-of-way turf and sidewalk areas as required, or as needed.
In order to comply with the City of Wheat Ridge storm water ordinance, and according to best management practices, the street sweeping component was added for 2011. The scope of work
included in this contract is one cycle per month at each location, for seven months, April through October. For the remaining five months of the year only debris and trash removal will
be performed. On May 12, 2011 four responsive proposals were received. All met the initial proposal requirements. Two firms were short listed and interviews conducted. The ntlmber one
firm following the interviews was Terracare Associates, LLC., Centennial, CO. Pricing was negotiated. Staff recommends award to Terracare Associates, LLC based on qualifications, experience,
past performance and pricing. PRIOR ACTION: The previous year's agreement with Terracare Associates was in the not-to-exceed amount of $75,800. The final year for a one-year contract
renewal period was 2010.
Council Action Form June 27, 2011 . Page 2 FINANCIAL IMPACT: Total financial impact for this program will not exceed $53,920 and is appropriated in the general fund park maintenance
program budget. Staff time will be required to administer the right-of-way program. BACKGROUND: The City maintenance of sidewalks and the right-of-way program has been in effect since
2005. This is a multi-year contract for one year with the option to renew for three one-year periods. The 20 I 0 contract period was extended to rewrite new speci fications for street
sweeping, stormwater requirements, new mapping, and revision of area measurements for bidding purposes. The scope of work included in this contract is one cycle per month for seven months,
April through October. Duties included in each cycle are debris and trash removal and mowing and weed control for both right-of-way and sidewalk maintenance. For the remaining five months
of the year only debris and trash removal services will be performed. Other on-call services provided are: 1. Increased calls outside the one per month and/or seven month cycle at locations
included in the base bid 2. Services at additional locations not included in the base bid Additional services are charged by a flat fee or on a time and materials basis, depending on
the service needed. RECOMMENDATIONS: Though not the lowest competitive bidder, based upon the contractor's past demonstrated capabilities, and experience and performance, staff recommends
approval of the one-year contract with the option to renew the contract for three one-year periods to Terracare Associates, Centennial, CO in the total no-to-exceed amount of$53,920
for year 2011. RECOMMENDED MOTION: "I move to award RFP-II-07 for right-of-way maintenance services to Terracare Associates, LLC, Centennial, Colorado, in the amount of$53,920 for the
year 2011." Or, "I move to deny award of RFP-II-07 for right-of-way maintenance services to Terracare Associates, LLC, Centennial, Colorado for the following reason(s) " REPORT PREP
AREDIREVIEWED BY: Rick Murray, Parks, Forestry and Open Space Manager Joyce Manwaring, Parks and Recreation Director Linda Trimble, Purchasing Agent ATTACHMENTS: I. ROW Maintenance Services
Bid Sheet
PROJECT: RFP-11-07 ROW MAINTENANCE SERVICES DUE DATE/TIME: THURS., 05/12/11 AT 4 P.M. LOCAL TIME , , < -"' _ ~ City of ~WheatRt...dge DENVER li:~, :f}1 '" ' 'f·"r:,::i'· #" 'ii, ' .,.
. '.',. .' . ·'.'if,"!'''' '1;-. YES YES ADDENDUM #1 YES YES #2 YES YES VISA NO NO I FIRM QUALIFICATIONS I YES I YES YES TRASH AND DEBRIS STREET Page 1 ------........ --_._--REQUESTED
BY: MARK RUOTE . !l OPENED BY: LINDA TRIMBLE PURCHASING AGENT?"' WITNESSED BY: DENISE WOOD, PURCHASING TECH. TERRACARE r';jl':i,,!'"j.' ');;".: ":ite YES YES 1 YES NO YES YES YES YES
YES YES YES YES :::;:::·1,:::",:::;: Attachment 1
· . , .' • r City of. , WheatRL.-dge ITEMNO:~ DATE: June 27, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 20-2011 -A RESOLUTION AMENDING THE FISCAL YEAR 2011 GENERAL FUND
BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $4,000 FOR THE ACCEPTANCE OF A GRANT FROM XCEL ENERGY FOUNDATION/COLORADO TREE COALITION FOR THE
PURPOSE OF PURCHASING TREES AND TREE SUPPLIES o PUBLIC HEARING o BIDS/MOTIONS ~ RESOLUTIONS QUASI-JUDICIAL: ISSUE: o ORDINANCES FOR I ST READING o ORDINANCES FOR 2ND READING o YES Two
naturally occurring events in recent years have adversely effected the native tree population. The July 20, 2009, storm resulted in the loss of hundreds of mature trees in the Wheat
Ridge Greenbelt, generally in the area bounded by Tabor Street and Kipling Street. Anderson Park also experienced tree loss. Additionally, the down cutting of Clear Creek's stream bed
over the past two decades has effectively prevented the sprouting of young cottonwoods. PRIOR ACTION: Immediately after the storm, Jefferson County and Urban Drainage and Flood Control
provided funding to aid in the clean up and replacement of trees in the developed Wheat Ridge Parks and the Greenbelt. To date, no trees have been replanted in the Wheat Ridge Greenbelt.
Council Action Form June 27, 2011 Page 2 FINANCIAL IMPACT: There is no direct cost to the City of Wheat Ridge in the acceptance of this grant. There are no matching funds required. Staff
time will be required to administer the grant and coordinate, supervise and train volunteers. BACKGROUND: A grant was applied for and received from the Xcel Energy Foundation/Colorado
Tree Coalition in the amount of$4,000 for the purchase of trees and supplies to help protect and water these trees. Volunteers will be used in planting efforts and in the installation
of protective and watering devices as well as supplemental watering. Staff will supplement the watering efforts of volunteers when gaps in volunteer assistance occur and check on the
trees periodically. Funding from this grant will make it possible to purchase and plant varying age classes of trees in numerous locations and allow for installation of fencing for herbivore
protection and for a volunteer watering network to help these native cottonwoods establish. RECOMMENDATIONS: Staff recommends acceptance of this grant for the purpose of purchasing,
planting, protecting, and watering of new trees to help replace those lost in the July 20, 2009, storm. RECOMMENDED MOTION: "[ move to approve Resolution No. 20-2011, amending the fiscal
year 2011 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $4,000 for the acceptance of a grant from Xcel Energy Foundation/Colorado
Tree Coalition for the purpose of purchasing trees and tree supplies." Or, "I move to deny approval of Resolution No. 20-20 II , amending the fiscal year 2011 General Fund Budget to
reflect the approval of a supplemental budget appropriation in the amount of $4,000 for the acceptance of a grant from Xcel Energy Foundation/Colorado Tree Coalition for the following
reason(s) " REPORT PREPARED/REVIEWED BY: Joyce Manwaring, Parks and Recreation Director ATTACHMENTS: I. Resolution No. 20-2011 2. Xcel Energy Foundation/Colorado Tree Coalition Grant
approval letter
TITLE: CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 20 Series of 2011 A RESOLUTION AMENDING THE FISCAL YEAR 2011 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET
APPROPRIATION IN THE AMOUNT OF $4,000 FOR THE ACCEPTANCE OF A GRANT FROM XCEL ENERGY FOUNDATION/COLORADO TREE COALITION FOR THE PURPOSE OF PURCHASING TREES AND TREE SUPPLIES WHEREAS,
on the evening of Monday, July 20, 2009, Wheat Ridge was hit by a major storm which uprooted and downed numerous trees throughout the City; and WHEREAS, the City wishes to replace these
trees; and WHEREAS, the City received a grant in the amount of $4,000 from Xcel Energy Foundation/Colorado Tree Coalition for this purpose; 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:
1. The City Council authorizes amending the fiscal year 2011 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $4,000 to account 01-604-650-660
for the acceptance of a tree grant from Xcel Energy Foundation/Colorado Tree Coalition for the purpose of purchasing trees and supplies to protect and water these trees in the Wheat
Ridge Greenbelt. DONE AND RESOLVED this 27th day of June 2011 . Jerry DiTullio, Mayor ATTEST: Michael D. Snow, City Clerk Attachment 1
Margaret Paget City of Wheat Ridge 7500 W. 291h Ave. Wheat Ridge, CO 80033 February 17, 20 11 Dear Margaret: LEADING STATEWIDE EFFORTS TO PRESERVE, RENEW AND ENHANCE COMMUNITY FORESTS
Congratu lations! The application you submitted for the Wheat Ridge Greenbelt Revegetation Project was approved by the Colorado Tree Coalition (CTC) and Xeel Energy Foundation Grant
Review Committee for the amount of $4,000. Funding for this project comes via the Xcel Energy FOWldation, so please ensure they, along with the CTC, receive recognition for the project.
Please sign thc attached agreement and return it as soon as possible to the Colorado Tree Coalition at: Colorado Tree Coalition P.O. Box 808 Broomfield, CO 80038-0808 Also enclosed is
a check request fmm and press release. Please sign and return the check request fom) no sooncr than 30 days prior to starting yonr project. Yow' check will be mailed within 10 working
days. Please distribute the press release to appropriate media outlets in your area. The Colorado Tree Tree Coalition is a non-profit organization dedicated to lcading statewide efforts
in preserving, renewing and enhancing community forests. Your support of tills organization is appreciated and we request that you encourage individuals, families, businesses, and eOIDluWlities
to become members. Without membership support, our abi lity to continue a grants program will dwindle. We look forward to hearing about the success of your project. ]'Icasc remember
that any literature or publications produced sbould include both the CTC and Xcel Energy logos. If you'd like an electronic copy of the CTC or Xcc1 Energy logo, just let me know. Also,
please suhmit any digital photos or prints of pictures taken for this project. Xcel and the Colorado Tree Coalition would like to have as many pbotos of tbe project as possible. If you
have any questions regarding your grant, contact me at 303-795-3766 or Keitll Wood at 303-438-9338. Sincerely, 17""",{ w. f'f-? David Flaig Attachment 2 Grants Chair Colorado Tree Coalition
• P.P.O. Box 808 • Broomfield, CO 80038-0808 www.coloradotrccs.org
", .' _ • City of • , WheatR;L.dge ITEMNO: ~ DATE: June 27, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE A WARD OF RFP-ll-23 FOR CONNECTIONS NEWSLETTER DESIGN AND PRINT
SERVICES TO MILE mGH NEWSPAPERS IN AN AMOUNT NOT TO EXCEED $24,260 o PUBLIC HEARING [8J BlDS/MOTIONS o RESOLUTIONS QUASI-JUDICIAL: ISSUE: o ORDINANCES FOR I ST READING o ORDINANCES FOR
2ND READING DYES [8J NO -UK"Jd4 City Manager As part of the 2011 budget process, City Council provided staff with direction to bring back costcutting options for the Connections Newsletter.
Staff presented several options to Council at tbe February 14,2011 City Council Study Session and received Council consensus to move forward with changing the Connections to a color,
newsprint option. In early 20 II, staff decided to put the Connections Newsletter out to bid since the design changes were significant and we were unable to reach an agreement with CrG
to meet tbe new budgeted amount. The original budgeted amount for the Connections Newsletter was $73,377 and the recommended award of $24,260 (this amount is rounded up from $24,259.18
as shown on Attachment 2) results in a cost savings of approximately $49,117. Due to the delay in production in 20 II, three editions of tbe Connections Newsletter will be produced.
Four editions of the Connections Newsletter will be produced in 2012. Staff estimates the City will spend approximately $24,260 on the Connections in 2011. On April 27, 2011 bids were
received. All proposals met the initial bid requirements. Four firms were interviewed. The award is based on qualifications, project approach, experience, product, and fee schedule.
Mile High Newspapers meets all the bid specifications and budget. V:IFormslCAFtcmplate
Council Action Form June 27, 2011 . Page 2 References were checked. Staff recommends award to Mile High Newspapers, not to exceed $24,260. PRIOR ACTION: City Council provided staff with
direction to bring back cost-cutting options for the Connections Newsletter during the 20 II budget process. Staff presented several options to Council at the February 14, 2011 City
Council Study Session and received Council consensus to move forward with changing the Connections to a color, newsprint option. FINANCIAL IMPACT: The original budgeted amount for the
Connections Newsletter was $73,377 and the recommended award results in a cost savings of approximately $49,117. On June 8, 2009, City Council established a spending limit of$15,000
for the City Manager's Office. Total expenditures for design and print services for the newsletter will exceed $15,000, thus requiring approval by City Council. BACKGROUND: The purpose
of the Connections Newsletter is to provide information to citizens about City programs and services. The Newsletter is intended to be one of many communication tools available for citizens
in addition to the City Website, Mayor's E-Newsletter, news releases and media advisories, etc. Since 2007, the City has worked to improve the Connections Newsletter. Staff does not
think the design change will impact the efforts that the City has made over the past four-plus years. The City will publish three editions of the Connections Newsletter in 2011. The
first edition will be out in late August. Four editions will be published in 2012. The bid award is based on a notto-exceed amount of $24,260. For the first edition of the Connections,
staff will include the following information: • Short article on the Connections cost-cutting measures • Short survey that residents can fill out and return to us with feedback on the
changes we've made to the Connections Newsletter • Short ads encouraging residents to read the newsletter online and provide the option to "opt-out" of receiving the newsletter hard
copy Pricing A breakdown of the Mile High Newspapers proposed pricing is attached. The cost to develop the City's new template will be $250. The estimated cost for design and printing
of a 12-page edition of the newsletter is $4,205.06. Mailing Method The mailing method for Connections will be simplified mailing not postal patron. This method of mailing will allow
us to manage a mailing list of residents and businesses so if individuals want to opt out of receiving the Connections via hard copy they may do so.
Council Action Form June 27, 2011 . Page 3 Flipbook A new feature that staff plans to add to the City Website for viewing the Connections is a flip book feature. The Recreation Center
has been utilizing this new feature For the Recreation Guide which provides easy navigation and is more user-Friendly. The flipbook through BlueToad is $4 per page. Based on a 12-page
edition, the cost is $48 per newsletter for a total of$l92 annually. The amount for 2011 will be $144. The agreement with Mile High Newspapers will include three, one-year renewal options
which staff will bring back to City Council for approval each year. RECOMMENDATIONS: Staff recommends approval of the requested award of RFP-II-23 for Connections Newsletter design and
print services to Mile High Newspapers. RECOMMENDED MOTION: "I move to award RFP-II-23 for Connections Newsletter design and print services to Mile High Newspapers in an amount not to
exceed $24,260 for 2011." Or, "I move to postpone indefinitely the award of RFP-II-23 Connections Connections Newsletter design and print services to Mile High Newspapers in an amount
not to exceed $24,260 in 20 II for the following reason(s) " REPORT PREPARED BY: Heather Geyer, Administrative Services Director/PIO Linda Trimble, Purchasing Agent A TT ACHMENTS: I.
Bid Tabulation Sheet 2. Connections Newsletter Fee Breakdown
PROJECT: RFP-11-23 CONNECTIONS NEWSLmER DUE DATE/TIME: WED., 04/27/11 AT 4 P.M. LOCAL TIME • REQUESTED BY: HEATHER GEYER .J ~ OPENED BY: LINDA TRIMBLE PURCHASING AGENT r -~ City o f
~Wheat~dge VENDOR BATRES & MUNOZ BOOMERANG CRYSTAL PEAK EASYCHAIR MEDIA HANNA DESIGN LOCATION CO SPRINGS BROOMFIELD CO SPRINGS WINDSOR GREENWOOD VILLAGE SIGNATURE PAGE YES YES YES YES
YES ACKNOWLEDGE ADDENDUM #1 YES YES YES YES YES ACCEPTS VISA YES YES YES YES YES ILLEGAL ALIEN COMPLIANCE YES YES YES YES YES FIRM QUALIFICATIONS YES YES YES YES YES TEAM EXPERIENCE
YES YES YES YES YES APPROACH, TIMELIMES, WORKLOAD YES YES YES YES YES FEE SCHEDULES 2011 PRICING: (3) 8-PAGE COLOR PER EDITION $ 960.00 $ 1,810.83 $ 1,116.88 SEE BID $ 1,098.00 (3) 12-PAGE
COLOR PER EDITION $ 1,291.00 $ 2,704.29 $ 1,465.36 SEE BID $ 1,643.00 (3) 8-PAGE B&W PER EDITION $ 864.00 $ 795.84 $ 988.91 SEE BID $ 892.00 (3) 12-PAGE B&W PER EDITION $ 1,115.00 $
1,208.22 $ 1,263.43 SEE BID $ 1,231.00 FINAL VERSION IN PDF FILE: $ 25.00 NO COST NO BID NO COST $ 100.00 2012 PRICING: (4) 8-PAGE COLOR EDITIONS $ 960.00 $ 1,810.83 $ 1,116.88 SEE BID
$ 1,098.00 (4) 12-PAGE COLOR EDITIONS S 1,291.00 $ 2,704.29 $ 1,465.36 SEE BID S 1,643.00 (4) 8-PAGE B&W EDITIONS $ 864.00 $ 795.84 $ 988.91 SEE BID $ 892.00 (4) 12-PAGE B&W EDITIONS
$ 1,115.00 $ 1,208.22 $ 1,263.43 SEE BID $ 1,231.00 FINAL VERSION IN PDF FILE: $ 25.00 NO COST NO BID NO COST $ 100.00 Page 1 of 3 Attachment 1
PROJECT: RFP-l1-23 CONNECTIONS NEWSLETIER DUE DATE/TIME: WED., 04/27/11 AT 4 P.M. LOCAL TIME ------VENDOR JET MARKETING MILE HIGH LOCATION FT. COLLINS GOLDEN SIGNATURE PAGE YES YES ACKNOWLEDGE
ADDENDUM #1 YES YES ACCEPTS VISA NO YES ILLEGAL ALIEN COMPLIANCE YES YES FIRM QUALIFICATIONS YES YES TEAM EXPERIENCE YES YES APPROACH, TIMELIMES, WORKLOAD YES YES FEE SCHEDULES 2011
PRIONG: (3) 8-PAGE COLOR PER EDITION $ 8,332.00 $ 2,891.03 (3) 12-PAGE COLOR PER EDITION $ 9,710.00 $ 4,015.06 (3) 8-PAGE B&W PER EDITION $ 8,332.00 $ 2,389.33 (3) 12-PAGE B&W PER EDITION
$ 9,710.00 $ 3,055.79 FINAL VERSION IN PDF FILE: $ 125.00 NO COST 2012 PRICING: (4) 8-PAGE COLOR PER EDITION $ 8,332.00 $ 2,891.03 (4) 12-PAGE COLOR PER EDITION $ 9,710.00 $ 4,015.06
(4) 8-PAGE B&W PER EDITION $ 8,332.00 $ 2,389.33 (4) 12-PAGE B&W PER EDITION $ 9,710.00 $ 3,055.79 FINAL VERSION IN PDF FILE: $ 125.00 NO COST Page 2 of 3 $ $ $ $ $ $ $ $ $ $ REQUESTED
BY: HEATHER GEYER f) OPENED BY: LINDA TRIMBLE PURCHASING AGENT r POM DESIGN RR DONNELLEY RAVEN PRINTING CRESTONE DENVER LAKEWOOD _. -------YES YES YES YES YES YES NO YES SEE BID YES
YES YES YES YES DESIGN ONLY YES YES YES YES NONE YES 1,380.00 $ 1,894.00 SEE BID 2,170.95 $ 2,929.00 SEE BID 1,106.79 $ 1,510.00 SEE BID 1,643.27 $ 2,192.00 SEE BID 27S.00 NO BID SEE
BID 1,504.20 $ 1,894.00 SEE BID 2,366.30 $ 2,929.00 SEE BID 1,206.40 $ 1,510.00 SEE BID 1,791.16 $ 2,192.00 SEE BID 275.00 NO BID SEE BID
PROJECT: RFp·11·23 CONNECTIONS NEWSLETIER DUE DATE/TIME: WED., 04/27/11 AT 4 P.M. LOCAL TIME VENDOR TACITO DESIGN LOCATION CENTENNIAL SIGNATURE PAGE YES ACKNOWLEDGE ADDENDUM #1 YES ACCEPTS
VISA NO ILLEGAL ALIEN COMPLIANCE YES FIRM QUALIFICATIONS YES TEAM EXPERI ENCE YES APPROACH, TIMELIMES, WORKLOAD YES FEE SCHEDULES 2011 PRICING: (3) 8·PAGE COLOR PER EDITION $ 970.00
(3) 12·PAGE COLOR PER EDITION $ 1,450.00 (3) 8·PAGE B&W PER EDITION $ 764.00 (3) 12·PAGE B&W PER EDITION $ 1,038.00 FINAL VERSION IN PDF FILE: NO COST 2012 PRICING: (4) 8·PAGE COLOR
PER EDITION $ 970.00 (4) 12·PAGE COLOR PER EDITION $ 1,450.00 (4) 8·PAGE B&W PER EDITION $ 764.00 (4) 12·PAGE B&W PER EDITION $ 1,038.00 FINAL VERSION IN PDF FILE: NO COST $ $ $ $ $
$ $ $ $ $ UNDERSCORE ARVADA YES YES NO YES YES YES YES 2,193.00 3,008.00 1,813.00 2,350.00 65.00 2,193.00 3,008.00 1,813.00 2,350.00 65.00 Page 3 of 3 REQUESTED BY: HEATHER GEYER OPENED
BY: LINDA TRIMBLE PURCHASING AGENT j--
Attachment 2 Connections Budget -2011 Issue #1 Issue #2 Issue #3 Fee breakdown Set up of new design template $ 250.00 Design* &Printing $ 4,205.06 $ 4,205.06 $ 4,205.06 Mail Processing
Set up fee $ 650.00 $ 650.00 $ 650.00 Postage (.16 per piece 12 pg.) $ 3,100.00 $ 3,100.00 $ 3,100.00 Flipbook cost $ 48.00 $ 48.00 $ 48.00 Subtotals: $ 8,253.06 $ 8,003.06 $ 8,003.06
Overall Total: $ 24,259.18 *Design fee hourly rate $ 60.00 Attachment 2