HomeMy WebLinkAboutCouncil Packet 09/12/20116:30 p.m. Pre-Meeting
CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
September 12, 2011
7:00p.m.
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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 August 22, 2011
PROCLAMATIONS AND CEREMONIES
Mayor's Presentation to Jefferson Center for Mental Health
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 25-2011 -approving a Planned Commercial Development (PCD) Specific
Outline Development Plan on property located at 7495 W . 291h Ave. (Case No. WZ-11 -
04/MCPN).
Council Bill 24-2011 -concerning appeals from decisions of the Director of Public
Works .
Council Bill 27-2011 -amending the Wheat Ridge Code of Laws concerning Annexation
of Real Property to the City .
CITY COUNCIL AGENDA: September 12, 2011 Page -2-
DECISIONS. RESOLUTIONS, AND MOTIONS
4 . Resolution 27-2011 -authorizing assignment to the Colorado Housing and Finance
Authority of a Private Activity Bond allocation of the City of Wheat Ridge pursuant to the
Colorado Private Activity Bond Ceiling Allocation Act.
§. Motion to approve payment to Insight Public Sector in the amount of $51 ,618.51 for the
Annual Renewal of the Microsoft Enterprise Agreement.
6. Resolution 29 -2011 -approving a Right-Of-Way Purchase , Maintenance and Access
Agreement with Enayatallah Boroumand (Panda King) and amending the Fiscal Year
2011 Capital Investment Program Fund Budget to reflect the approval of a
Supplemental Budget Appropriation in the amount of $42 ,221 for the purchase of the
Right-Of-Way.
7. Resolution 28-2011 -amending the Fiscal Year 2011 Police Investigations Seizure
Fund Budget to reflect the approval of a Supplemental Budget appropriation in the
amount of $9 ,250 for the addition of supplemental cabinetry for the Pol ice Training
Room .
CITY MANAGER'S MATTERS
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MATTERS
ADJOURNMENT
:
CITY OF WHEAT RIDGE, COLORADO
August 22, 2011
Mayor DiTullio called the Regular City Council Meeting to order at 7 :00 p.m. Counci l
Members present: Karen Adams, Karen Berry, Mike Stites , Davis Reinhart, Joseph
DeMott, Joyce Jay, Wanda Sang and Tracy Langworthy. Also present: City Clerk,
Michael Snow; City Manager, Patrick Goff; Administrative Services Director, Heather
Geyer; Parks and Recreation· Director, Joyce Manwaring ; Chief of Police , Dan Brennan;
Municipal Court Judge, Cristopher Randall ; City Attorney, Gerald Dahl ; staff and
interested citizens .
APPROVAL OF MINUTES OF August 8, 2011
Motion by Mr. Stites for approval of the Minutes of August 8 , 2011 ; seconded by Mr.
DeMott; carried 8-0.
PROCLAMATIONS AND CEREMONIES
September 11th Anniversary Proclamation
Mrs. Wheat Ridge Karen Thaler, on behalf of Mayor DiTullio , read the
proclamation declaring September 11 , 2011 as a day of service and
remembrance. Mayor DiTullio held a moment of silence in remembrance of the
victims of September 11 , 2001.
Pro Challenge Proclamation
Mrs. Wheat Ridge Karen Thaler, on behalf of Mayor DiTullio, read the
proclamation regarding the USA Pro Cycling Challenge in Colorado August 22nd
through August 28th _
CALEA National Accreditation Presentation
Colorado Springs Police Chief Richard Myers, Commissioner on the National
Accreditation Board acknowledged the July 30th award of accreditation to the City
of Wheat Ridge Police Department. Chief Brennan cited accomplishments of the
department's leaders in their pursuit and attainment of national accreditation .
City Council Minutes August 22 , 2011 Page 2
CITIZENS' RIGHT TO SPEAK
Genevieve Wooden spoke on behalf of Wheat Ridge 2020 regarding a mid-century
and modern home tour in Wheat Ridge on Saturday, September 24, 2011 from 1:00pm
to 5:00pm. The organizers need volunteers as hosts at the homes to assist with
directions and questions from those on the tour. Call 720-259-1 030 to sign up or visit
www.tourmodernwheatridge com for information.
Jesse Hill thanked the citizens of District I who nominated him as a candidate for the
position of City Council Representative . Mr. Hill has accepted the nomination and is
excited about the potential impact he can have as a City Council member. Visit
www.vote1essehill .com for more information.
Ken Wiig spoke on behalf of the Second Wind Fund which is a teen suicide prevention
program started ten years ago in Lakewood . Colorado has the 6th highest teen suicide
rate in the country so these teen suicide services are needed . Over 2 ,500 children have
been provided services since its inception with dozens here in Wheat Ridge . Second
Wind Fund is hosting a fund raiser September 18th . This will be a 5k race/walk & music
festival featuring over ten bands . For more info visit www.5kmusic .org .
APPROVAL OF AGENDA
By unanimous consent, Council added to the agenda as Item 5 , Council Resolution 26-
2011 .
PUBLIC INPUT ON THE BUDGET
Ted Heyd spoke on behalf of LiveWell Wheat Ridge and commended the Mayor and
Council for the expansion of the bike and pedestrian network as well as handicap
facilities . Funding for projects such as the Wadsworth and Kipling multi-use trails will
increase the city's multi-modal transportation network. For the 2012 budget, Mr. Heyd
recommends funding Phase Ill of Bike and Pedestrian Master Plan. Knowing the budget
constraints , LiveWell Wheat Ridge supports striping on Pierce from 32"d to 38th (Half of
proposed project.) This would support the ongoing revitalization of 38th Avenue Corridor
by providing access to hundreds of homes in the area. Support is offered in the 2012
budget by LiveWell Wheat Ridge for specific improvement funding .
Janeece Hoppe owner of Compass Construction asked City Council to continue
supporting new businesses to the area, including those programs offered by Wheat
Ridge 2020 and the Wheat Ridge Business District. Ms. Hoppe hopes the City of Wheat
Ridge will continue to fund Wheat Ridge 2020 loan programs for outreach , branding and
business support.
Genevieve Wooden, licensed realtor and resident, believes the City should continue to
support Wheat Ridge 2020 programs to revitalize homes. Ms. Wooden would like to see
continued support from Council for implementation of 38th Avenue Revitalization Plan .
City Council Minutes August 22, 2011 Page 3
Jesse Hill supports continued capital improvements in the City, more specifically the
sidewalks and street improvements in District I. Mr. Hill feels that the City cannot expect
to attain federal budgeting as has been done in the past and it is the responsibility of
Council to plan and budget for these capital improvements.
Mayor DiTullio recommends fully funding Wheat Ridge 2020 as it was decided in the
beginning with meaningful brick and mortar project that were dedicated to certain areas
of the City.
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
2 . Council Bill 26-2011 -submitting a proposed Amendment to the Wheat Ridge
Home Rule Charter to the Voters of the City pursuant to Charter Section 16.8 (b),
setting the Ballot Title and Giving Notice and Call of an Election concerning the
same.
Mayor DiTullio opened the public hearing .
Council Bill 26-2011 was introduced on second reading by Mr. Stites. City Clerk
Michael Snow assigned Ordinance No. 1498.
No staff report was given.
No citizens were present to speak on the item.
Mayor DiTullio closed the public hearing .
Motion by Mr. Stites to approve Council Bill 26-2011 (Ordinance 1498) on second
reading and that if take effect immediately upon adoption; second by Mr. Reinhart;
carried 8-0 .
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DECISIONS, RESOLUTIONS, A~D MOTIONS
~ Resolution 25-2011 -amending the Fiscal Year 2011 General Fund Budget to
reflect the approval of a Supplemental Budget Appropriation in the amount of
$15,000 for the replacement of the Audio-Video Communications System in the
Municipal Court.
Resolution 25-2011 was introduced by Mrs. Sang .
Motion by Mrs. Sang to approve Resolution 25-2011; seconded by Mrs. Jay; carried 8-
0 .
City Council Minutes August 22. 2011 Page4
~-Motion to approve payment of Murray Dahl Kuechenmeister & Renaud LLP July
2011 Invoices for Legal Services in the Amount of $17,836.63 .
Motion by Mrs. Langworthy to approve payment of July 2011 Invoices for Legal
Services in the Amount of $17 ,836.63 to Murray Dahl Kuechenmeister & Renaud LLP ;
seconded by Mr. Stites; carried 8-0 .
5 . Resolution 26-2011 -supporting the Denver Regional Council of Governments
(DRCOG) Comprehensive Joint Application to the U.S . Department of Housing
and Urban Development's Sustainable Communities Reg ional Planning Grant
Program .
Resolution 26-2011 was introduced by Ms. Berry.
Motion by Ms. Berry to approve Resolution 26-2011 ; seconded by Mrs. Jay; carried 8-0.
CITY MANAGER'S MATTERS
The City celebrates the opening this past weekend of a new restaurant at 7000 W . 38th
Avenue called Cebiche Authentic Peruvian Dining . Mr. Goff encouraged citizens to visit
this new restaurant in Wheat Ridge.
Construction of the City's new dog park at Fruitdale Park is expected to begin this
month with completion anticipated in early September.
Wheat Ridge Police Officer Sergeant Paula Balafas was recently elected to the National
Association of Women Law Enforcement Executives (NAWLEE) Board of Directors.
ELECTED OFFICIALS' MATTERS
City Clerk Snow, Council and Mayor DiTullio congratulated and commended the Police
Department on their award for National Accreditation .
Mayor DiTullio announced that September is Traffic Safety Month and the Police
Department will be paying particular attention to red light, stop sign and turning
violations during this time.
Commendations and thanks to the Carnation Festival Committee for their hard work in
creating a quality event from the Mayor and Council.
September 18th is the 30th Anniversary of the Wheat Ridge Farmer's 5000 race which is
a fund raising event for Wheat Ridge High School. Participation from all is encouraged .
City Council Minutes August 22 , 2011 Page 5
Meet~ ~rned to Special Study Session at 8:00 pm .
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Michael Snow, City Clerk
APPROVED BY CITY COUNCIL ON September 12, 2011 BY A VOTE OF __ to __
Tracy Langworthy, Mayor pro. tem
The preceding Minutes were prepared according to §47 of Robert's Rules of Order, i.e .
they contain a record of what was done at the meeting, not what was said by the
members. Recordings and DVD's of the meetings are available for listening or viewing
in the City Clerk's Office , as well as copies of Ordinances and Resolutions.
~ ~ ~ ~~ r City of
?WheatRl._dge
ITEM NO: I.
DATE: September 12,2011
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 25-2011 -AN ORDINANCE APPROVING
A PLANNED COMMERCIAL DEVELOPMENT (PCD)
SPECIFIC OUTLINE DEVELOPMENT PLAN ON PROPERTY
LOCATED AT 7495 W. 29th A VENUE (CASE NO. WZ-11-
04/MCPN)
~ PUBLIC HEARING
D BIDS/MOTIONS
D RESOLUTIONS
ISSUE:
D ORDINANCES FOR 1ST READING (08/08/2011)
~ ORDINANCES FOR 2ND READING (09112/2011)
The applicant is requesting approval of an amendment to a Planned Commercial Development
(PCD) Specific Outline Development Plan (ODP) for property located at 7495 W. 29th Avenue
for construction of a medical clinic.
This case is being processed as a "specific" ODP which establishes development s tandard s as
well as preliminary site planning for the property and architecture of the s tructure. If approved,
the applicant can proceed to administrative Final Development Plan (FOP), platting and building
permit.
The Planning Commission recommended approval of thi s request at a public hearing held on
July 21, 2011.
Adoption of the attached council bill on fir st reading set the public hearing to consider the
Specific Outline Development Plan on September 12, 2011.
Case No. WZ-1 1-04/MCPN
Council Action Form
September 12 , 20 11
Page 2
PRIOR ACTION:
The property was rezoned from R-2 to Planned Commercial Developme nt pursuant to Case No.
WZ-05-lO. The approved ODP document was heavily conditioned with items pertaining to use
areas and maintenance of the then -existing structures.
A s ub sequent Specific ODP for construction of a restaurant, retail and office was approved
purs uant to Case No. WZ-08-01 but was never built.
The applicant, Metro Community Providers Network (MCPN), is reques ting approval of a
Specific Outline Development Plan for an approximate 46,000 square-foot medical clinic so they
can proceed to administrative FDP, platting and building permit.
Planning Commission reviewed thi s reques t at a public bearing held on July 2 1,2 011.
A recommendation of approval was given for the following reasons:
1. Due to changed market conditions, the property is no longer appropriate fo r retail.
2. The proposed Specific ODP is consis tent with the Wadsworth Subarea Plan and Envision
Wheat Ridge.
3. The proposed site design and architectural. elevations are consistent with the
Commercial/Industrial Design Sta ndards in the Architectural and Site Des ign Manual.
4. The zone change evaluation criteria s upport approval of this request.
5. With modifications recommended by Staff, all requirements of an Outline Development
Plan have been met which will allow administrative approval of an FDP fo r the property.
With the following conditions:
1. Problems with the legal desc riptio n be resolved prior to firs t readin g
2. The applicant continues working with Public Works to re solve drainage design o n the s ite
3. The proposed materials and colors be s pec ified on the architectural elevations where
they are not indicated and a sample board be provided prior to City Council publi c hearing
4. On Sheet A4, the graphic be modified to s how a detached sidewalk along the entire length
of W. 29 1h A venue
5. Redes ign of 30th Avenue access to provide entrance to the north side of the s ite without
connecting to Webster
There were numerous attendees in the audience who gave public comment on the application.
Copies of the Planning Commission s taff report a nd meeting minutes have been provide d with
this packet.
With regard to the conditions o f approval in the Pl a nning Commission motion, the applicant has
agreed to the fir s t four. The applicant continues to work with Public Works to address minor
mo difi cati o ns to the drainage design. With regard to condition 5, Staff has met with the
a pplicant and the s ite design has been modified to allow access from Wadsworth.
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Council Action Form
September 12, 2011
Page 3
FINANCIAL IMPACT:
Fees in the amount of $1750 were collected for the review and processing of Case No. WZ-11-
04. If the proposed Specific ODP is approved and the property develops accordingly, there
would be an advancement of the City's goals for economic development and a diverse and
resilient tax base.
BACKGROUND:
The property addressed as 7495 ·W. 29th Avenue is located at the northeast corner of W. 29th
Avenue and Wadsworth and contains 4.6 acres. The property is surrounded by a variety of land
uses. To the north and east are residential neighborhoods zoned R-lA and R-2. Immediatel y to
the south is property containing the City Hall building and Hayward Park. To the west across
Wadsworth is the Olinger Crown Hill Mortuary and Cemetery located in unincorporated
Jefferson County.
The property was rezoned to PCD in 2005 with a plan for general commercial, office and retail.
The intent of the ODP document was to maintain several existing structures on the property
while providing an area for new development. A change of zoning conditions for the property
was approved in 2008 which allowed removal of the exi sting structures. A restaurant, office and
retail space were proposed for the site but never built.
The new development proposal is for construction of an approximate 46,000 square foot medical
clinic which will offer medical, dental and mental health services. No emergency services will be
provided.
A departure from the two previously approved ODP documents is that access was shown from
the north via West 30Lh Avenue rather than from Wadsworth. The ODP plan reviewed by
Planning Commission reflected access from 30th Avenue. This would have required dedication
of the outhern half of 30th A venue (25 ') and full-width street construction of 301h between
Wadsworth and Webster Street. This concept of extension of 30th from Wadsworth to Webster
was not supported by Planning Commission due to potential cross traffic impact on the
neighborhood. Staff worked with the:_ applicant to redesign access into the property from
Wadsworth which eliminates the need for West 301h Avenue to be extended to Webster. The
redesign has been approved by CDOT and is reflected on page 2 of the plan set being reviewed
by City Council. The access redesign has slightly modified the interior parking arrangement and
has increased the number of spaces from 225 to 228. The applicant has agreed to build a
pedestrian connection in the right-of-way for 30Lh Avenue from Webster to Wadsworth.
Thi app li cation has been through a tandard City and outside agency referral process.
No major outstanding issues of concern have been raised.
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Council Action Form
September 12, 20 1 l
Page4
Guiding documents
Subarea Plan
The Wadsworth Corridor Subarea Plan, adopted by the Wheat Ridge City Council in 2007, is
considered an addendum to the Comprehensive Plan for this portion of the City. The property is
shown as Commercial on the Recommended Land Use' Map in the subarea plan . The subarea
plan calls for the redevelopment of Wadsworth with a mix of uses which are pedestrian friendly
and wilJ enhance the corridor aestheticaJiy.
Comprehensive Plan
Envision Wheat Ridge, the Comprehensive Plan adopted in 2009, also promotes the vision for
Wadsworth as a priority commercial corridor appropriate for redevelopment. The goal for
improving the appearance and function of the corridor is being met with this development
proposal through upgraded landscaping, trees and architecture. The subject property is also
located within a neighborhood buffer area and should act as a transition between the low density
neighborhood to the east and Wadsworth.
Staff has concluded that the proposed ODP is consistent with recommendations, goals and
policies in the Wadsworth Corridor Subarea Plan and Envision Wheat Ridge.
RECOMMENDED MOTION:
"I move to approve Council Bill No. 25-2011, an ordinance approving a request for a Planned
Commercial Development Specific OutJine Development Plan for property located at 7495 W.
291h Avenue on second reading and that it take effect 15 days after final publication.
With the following condition:
1. The applicant continue working with Public Works to resolve drainage design on the
site."
Or,
"[move to deny Council Bill No. 25:2011, an ordinance approving a request for a
Planned Commercial Development Specific Outline Development Plan for property
located at 7495 W. 29[h Avenue for the following reason(s) "
REPORT PREPARED BY;
Meredith Reckert, Senior Planner
Kenneth Johnstone, Community Development Director
ATTACHMENTS:
l. Council Bill No. 25-2011
2. Planning Coiillilission minutes
3. Planning commission report with revised ODP
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CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER REINHART
Council Bill No. 25
Ordinance No. ----
Series of 2011
TITLE: AN ORDINANCE APPROVING A PLANNED COMMERCIAL
DEVELOPMENT (PCD) SPECIFIC OUTLINE DEVELOPMENT
PLAN ON PROPERTY LOCATED AT 7495 W. 29th AVENUE
(CASE NO. WZ-11-04/MCPN)
WHEREAS, the property located at 7495 W. 29th Avenue was rezoned from R-2 ,
Residential-Two, to Planned Commercial Deve lopm ent pursuant to Case No. WZ-05-
1 0; and ,
WHEREAS , a subsequent request for approval of a Specific Outline
Development Plan was approved for the same property pursuant to Case No. WZ-08-
01; and,
WHEREAS, neither of these approved development scenarios were constructed;
and,
WHEREAS, a land use application ha s been filed for a Planned Commercial
Development Specific Outline Development plan for said property in orde r to co nstru ct a
medical clinic.
. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WHEAT RIDGE, COLORADO THAT:
Section 1. Upon application by Metro Community Providers ' Network (MCPN),
approval of a Pl anned Commercial Deve lopme nt (PCD) Specific Outline Development
Plan for property located at 7495 W. 29th Avenue, and pursuant to the findings made
based on testimony and evidence presented at a public hearing before th e Wheat Ridg e
City Council, a PCD Specific Outline Devel op ment Plan is hereby approved for th e
following described property:
A TRACT OF LAND IN THE SOUTHEAST 1/4 OF SECTION 26 ,
TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P .M ., COUNTY OF
JEFFERSON , STATE OF COLORADO, STATE OF COLORADO, BEING
THE WEST 1/2 OF LOT 3, BLOCK 1, BARTH'S SUBDIVISION, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE CENTER QUARTER CORNER OF SAID SECTION ;
THENCE SOUTH 02 DEGREES 55 MINUTES 34 SECONDS EAST, 66 1.25
FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF
WADSWORTH BOULEVARD , WHICH IS THE TRUE POINT OF
BEGINNING ; THENCE SOUTH 00 DEGREES 19 MINUTES 32 SECONDS
EAST ALONG SAID RIGHT OF WAY LINE 635.80 FEET TO A POINT ON
THE NORTH RIGHT-OF-WAY LINE OF WEST 29th AVENUE; THENCE
Attachment 1
NORTH 89 DEGREES 50 MINUTES 18 SECONDS EAST, ALONG SAID
NORTH RIGHT-OF-WAY LINE , 315.06 FEET ; THENCE NORTH 00
DEGREES 16 MINUTES 56 SECONDS WEST, 635 .39 FEET TO A POINT
ON THE SOUTH RIGHT-OF-WAY LINE OF WEST 30th AVENUE; THENCE
SOUTH 89 DEGREES 54 MINUTES 45 SECONDS WEST , ALONG SAID
SOUTH RIGHT-OF-WAY LINE, 315.54 FEET TO THE TRUE POINT OF
BEGINNING.
BASIS OF BEARINGS: THE WEST LINE OF THE SOUTHEAST
QUARTER OF SAID SECTION 26 , BEING MONUMENTED ON THE
NORTH END BY A 4" BRASS CAP IN RANGE BOX STAMPED "LS 13212"
AND ON THE SOUTH END BY A 4 " BRASS CAP IN RANGE BOX ,
ILLEGIBLE, AND HAVING A BEARING OF SOUTH 00 DEGREES 19
MINUTES 32 SECONDS EAST PER CITY OF WHEATRIDGE
HORIZONTAL AND VERTICAL CONTROL BASE MAP.
Section 2. Vested Property Rights . Approval of this zoning and Specific ODP
approval does not create a vested property right. Vested prop e rty rights may only arise
and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City
of Wheat Ridge. ·
Section 3. Safety Clause. The City of Wheat Ridge hereby finds , determines,
and declares that this ordinance is promulgated under the general police power of the
City of Wheat Ridge, that it is promulgated for the health , safety , and welfare of the
public and that this ordinance is necessary for the preservation of health and safety and
for the protection of public convenience and welfare. The City Council further
determines that the ordinance bears a rational relation to the proper legislative object
sought to be attained.
Section 4. Severability. If any clause , sentence , paragraph , or part of this
Zoning Code or the application thereof to any person or circumstances shall for any
reason be adjusted by a court of competent jurisdiction invalid , such judgment shall not
affect application to other persons or circumstances.
Section 5. Supersession Clause. If any provision , requirements or standard
established by this Ordinance is found to conflict with similar provisions , requirements or
standards found elsewhere in the Code of Laws of the City of Wheat Ridge, which are in
existence as of the date of adoption of this Ordinance , the provisions , requirements and
standards here shall supersede and prevail.
Section 6 . This Ordinance shall take effect 15 days after final publication .
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on
this 8th day of August, 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 September 12 , 2011, at 7:00 o 'clock p.m., in the Council Chambers ,
7500 West 29th Avenue, Wheat Ridge, Colorado.
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READ, ADOPTED AND ORDERED PUBLISHED on s eco nd and final reading by
a vote of to , this 1 i h day of September, 2011 .
SIGNED by the Mayor on this ___ day of ________ , 2011.
ATTEST:
Michael Snow, City Clerk
1st publication : August 11 , 2011
2 nd publication :
Wheat Ridge Transcript
Effective Date :
Jerry DiTullio , Mayor
Approved as to form by City Attorney
Gerald Dahl , City Attorney
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... ~ City of
?Wheat:Ri_dge
PLANNING COMMISSION
Minutes of Meeting
July 21, 2011
1. CALL THE MEETING TO ORDER
The meeting was called to order by Chair BU CKNAM at 7 :00p.m. in the City
Council Chambers ofthe Municipal Building, 7500 West 29th Avenue, Wheat
Ridge, Colorado.
2. ROLL CALL OF MEMBERS
Commission Members Prese nt:
Commission Members Absent:
Staff Members Present:
3 . PLEDGE OF ALLEGIANCE
Anne Brinkman
Alan Bucknam
Dick Matthews
Scott Ohm
George Pond
Steve Timms
Marc Dietrick
Tracy Guildner
Meredith Reckert, Sr. Planner
Tim Paranto, Director of Public
Works
Ann Lazzeri, Recording Secretary
4. APPROy.E THE ORDER OF THE AGENDA
It was moved by Commtssioner MATTHEWS and seconded by
Commissioner TIMMS to approve the order of the agenda. The motion
carried 6-0.
S. APPROVAL OF MINUTES-June 16, 2011
It was moved by Commissioner MATTHEWS and seconded by
Commissioner BRINKMAN to approve the minutes of June 16, 2011 as
presented. The motion carried 5-0 with Commissioner POND abstaining.
6. PUBLIC FORUM (This is the time for any person to speak on any subject not
appearing on the agenda. Public comments may be limited to 3 minutes)
Plan ning Commi ssion Minutes July 2 1,201 1
Attachment 2
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No members of the public wished to speak at this time.
7. PUBLIC HEARINGS
A. Case No. WZ-11-04: An application filed by David Mye rs for Metro
Community Provider Network for approval of a Specific Outline
Development Plan for property zoned Planned Commercial D e vel opment
(PCD) and located at 7495 West 29th Avenue.
Meredith Reckert presented this item. She entered all pertinent documents into
the record, including a letter dated May 21, 2011 from Jack Kent Anderson
requesting that no entrance or exit to the property be incorporated into the
development from the north side, and a letter dated May 26, 2011 from Myrtle A.
Morris stating she is in favor of the application. Ms. Reckert advised the
Commission there was jurisdiction to hear the case.
Staff recommended approval for reasons, and with conditions, outlined in the staff
report.
In response to a question from Commissioner BRINKMAN, Ms. Reckert
explained that the request to extend 30th A venue was initiated by city staff. Half
of the street is already dedicated and it makes sense to extend the street to help
pedestrian connections and neighborhood traffic. It would eliminate another
access from Wadsworth.
Tim Paranto stated he did not believe the proposed development would create
additional traffic within the neighborhood. There is also a renewed interest by
City Council for connectivity and multi-mobile transportation.
In response to questions from Commissioner TIMMS, Ms. Reckert stated that 30th
Avenue was probably dedicated in the early 1960's when the properties to the
north were platted. She also explained that the legal description needs minor
corrections prior to first reading. Regarding drainage issues, Mr. Paranto
explained that the city wants to make sure drainage issues are not created for
properties downstream.
Commissioner BUCKNAM asked about funding for construction of 30th A venue.
Mr. Paranto stated that the city would share half of the cost with the developer.
Regarding transparency issues, Commissioner BUCKNAM urged staff to revisit
the ASDM standards in an attempt to codify more realistic transparency standards
for specific applications.
Planning Commission Minutes 2 July 21,2011
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David Myers
CEO, Metro Community Providers Network (MCPN)
Mr. Myers presented an overview of his organization's services as well as a
financial background. MCPN has existed since 1989 with eleven locations
offering medical, dental and mental health services and is committed to
community partnerships.
Dr. Barry Martin
Vice President, Metro Community Providers Network
Dr. Martin has been a physician with MCPN since 1992 . He also serves on the
board of the City's Senior Resource Center. MCPN is a family practice. Hours
are designed to accommodate working patients by staying open in the early
evening. There will be no late evening hours. Some weekend hours may be
considered.
Stacey Root
Boulder Associates Architects
Ms. Root is the architect for the project. She stated that the entrance was located
on 30th Avenue directly across from Webster Street according to Public Works
request. The applicant would also be fine with access from Wadsworth if that
should be approved. The design will preserve the park-like quality of the
property. Both blue spruce trees and an American sycamore on the southern end
of the property will be preserved. The design includes as much glass as possible
facing the neighborhood. She reviewed proposed elevations and building
materials. The building is designed to be energy efficient
John Ouelette
Landscape architect
In response to a question from Commissioner BRINKMAN, Mr. Ouelette stated
that design gives consideration to snow removal storage.
In response to a question from Commissioner BRINKMAN, Mr. Myers stated
that overnight parking will not be allowed. There will be security staff on-site
during operating hours and security cameras will be in use during non-operating
hours.
In response to questions from Commissioner TIMMS regarding employment,
David Myers stated that experienced staff will launch the program with additional
staff being hired as the program grows. Ms. Root explained that it is intended to
keep the well house as it is "grandfathered." If any modifications are made to lhe
well, it would be necessary to go through a well-permitting process.
Chair BUCKNAM opened the public hearing .
Planning Commission Minutes 3 July 21,2011
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Don Edelen
2935 Webster
Mr. Edelen stated that he was in favor of the application and believes this is the
best use for the property . He asked about the size of the detention pond and asked
ifthere were plans for mosquito control. He wanted to know if a fence was still
planned between the east side of property and residents; if there will be a
dedicated pull-off on Wadsworth for buses; and if there will be a stop sign at the
western end of 30th Avenue. He was in favor of a right-in, right-out tum into the
property because it is not feasible to turn south onto Wadsworth. He asked that
consideration be given to the entrance to the duplexes on the frontage road.
Blu and Kate Hartkopp
3190 Wadsworth
Mr. Hartkopp expressed concern about access to the frontage road where his
home is located if 30th Avenue is extended. Ms. Hartkopp expressed concern
about the number of existing vacant medical facilities in Wheat Ridge.
Donald Wilson
2915 Webster
Mr. Wilson stated that he is opposed to extending 30th Avenue to connect with
Webster.
Christian Mucilli
2940 Webster
Ms. Mucilli asked that access to the building come from 32nd and 29th Avenues
rather than 30th A venue. He expressed concern about increased traffic on 30th
A venue. He stated that he was in favor of the medical building.
Pat Mucilli
2940 Webster
Mr. Mucilli expressed his opposition to access from 30th A venue because of
increased traffic through the neighborhood. He didn't believe tax money should
be spent to extend 30th Avenue.
Margaret Baumann
3005 Vance
Mr. Baumann expressed concern that extending 30th A venue would bring more
traffic onto Vance and Webster. An entrance into the facility could be made from
30th as it is now but she was opposed to extending it.
David Law
1045 Cody, Lakewood
Mr. Law owns a duplex at 3010 Wadsworth. He stated that he is in favor of the
facility but expressed concern about extending 30th Avenue that would increase
traffic and negatively affect quality of life for residents.
Planning Commission Minutes 4 July 21, 20 II
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Ted Hyde
Live Well Wheat Ridge (LWWR)
Mr. Hyde stated that L WWR has reviewed the plans and supports the project.
MCPN would serve as an important safety net in Wheat Ridge given their
expertise and proven ability to serve clients with a wide range of needs and
resources. The project will also provide jobs and be an aesthetic improvement to
this section of Wadsworth. He suggested that the city consider implementing a
crosswalk between the development and Hayward Park.
In response to a question from Commissioner BRINKMAN, Mr. Myers estimated
that 20-30% of clients would come to the facility by bus.
Marta Wood
7385 West 28th Avenue
Ms. Wood expressed concern about vacant medical space around town. She lives
across the street from the drainage pond and expressed concern about melting
snow moving south. She commented that Hayward Park is a drainage pond itself.
She also expressed concern about possible future expansion of the facility.
Bill Logan
Mr. Logan stated that he presently works for Olingers/Crown Hill and worked for
many years in the old location where the development is proposed to take place.
He spoke in favor of the medical facility. He understood the 30th Avenue
dilemma and commented that it is dangerous to turn south on Wadsworth from
the subject location. He stated that he would like to see bus stop room and an
acel/decellane.
Jack Anderson
3120 Webster
Mr. Anderson stated his opposition to an entrance from 301h which would
substantially increase traffic and parking on Webster and intrude on the integrity
of the neighborhood.
Katherine Snyder
2995 Webster
Ms. Snyder expressed opposition to 30th A venue going through. She stated that
residents have been assured over and over that this would not happen. She
believed that 29th and 32"d Avenues were adequate thoroughfares in the
neighborhood and did not see a reason to have a third one on 30th. She suggested
a partial access so traffic could not go through to Webster. She spoke in favor of
the facility and believed the property is accessible the way it is now. She also
wanted to know if a fence would be constructed between the development and the
residences.
Planning Commission Minutes 5 July 21,2011
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Rene Bergstrom
3025 Vance
Ms. Bergstrom stated that she has lived in the neighborhood for ten years during
which time she has seen an influx of young families into the neighborhood. She
expressed concern about traffic sounds and would like to see the structure closer
to the neighborhood to absorb sounds. She also expressed concern about
additional traffic coming into the residential area. She could see people wanting
to turn onto Webster from 32"d Avenue and would like to see the entrance from
Wadsworth.
Laura Edelen
2935 Webster
Ms. Edelen stated that she was in favor of the facility but opposed to 301h A venue
going through.
Don Edelen
2935 Webster
Mr. Edelen expressed concern about large pools of water that develop after heavy
rains and snow on the south end of the duplexes where the 30th A venue easement
is located. He stated his understanding that there is an old drainage ditch that runs
along the north side of the 30th Avenue easement and suggested the city look into
it.
Katherine Snyder
Ms. Snyder asked if the development's utilities would be underground.
Commissioner MATTHEWS asked the applicant to address the fence, detention
and underground utility questions. He also asked for an explanation of 3/4
intersections.
Alex Areniello
Traffic consultant
Mr. Areniello stated that the Colorado Department of Transportation (CDOT) will
determine whether there will be a 3/4 or right-in, right-out access from
Wadsworth. He explained that 3/4 access would allow entrance from the north
and south on Wadsworth but exit south onto Wadsworth would not be allowed.
He stated that opening 30°' A venue would allow residents to get out of their
neighborhood in a way they couldn't before. He stated that traffic projections are
that about 300 vehicles per day (VPD) would go out to Wadsworth using 30th
Avenue. There would be about 600 VPD leaving the site on 30th Avenue. He
estimated that about 5% of the total traffic would use Webster. He stated that the
typical residential street carries about 800 VPD.
In response to a question from Commissioner TIMMS, Mr. Areniello estimated
that about 45% of the traffic would come in on 29th from Wadsworth and 10%
Planning Commission Minutes 6 July 21,2011
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from the east on 29th. There would be about 40% coming from the north on
Wadsworth and about 5% coming from 32"d.
Commissioner BRINKMAN asked if it would be difficult to gain CDOT approval
for an entrance from Wadsworth. Mr. Areniello stated that a major facility such
as this needs two ways in and out and CDOT would take that into consideration.
Ms. Root stated that a fence will be provided along the entire eastern edge of the
development. She did not have sufficient information about underground utilities
at this time.
Ms. Reckert stated that the City does not provide utilities. While new utilities are
required to be underground, she was unsure about existing utilities.
Commissioner POND asked if a bus tum-out lane is proposed. Mr. Paranto
explained that there is presently no plan for a bus turn-out. RTD is resistant to
bus tum-outs because it is difficult for the bus to get back into traffic. The plan
shows the bus stop just south of the decel lane.
Commissioner POND asked about future expansion. Ms. Reckert explained that
the applicant would have to come back for approval from Planning Commission
and City Council for any expansion. It is unlikely they would expand due to
parking requirements, but it is not impossible.
In response to a question from Commissioner TIMMS, Mr. Paranto stated he
agreed with the traffic numbers. He also commented that 3/4 access makes sense.
There is also greater chance of getting a 3/4 access approved at a city street versus
a private drive connection.
In response to a question from Commissioner POND, Ms. Reckert stated there
would be two monument signs on the site.
Commissioner TIMMS asked if30th Avenue would interface with the frontage
road if it were to be constructed. Mr. Paranto stated that access to the frontage
road would be from 30th Avenue and would provide a safer way for residents to
access their properties. CDOT maintains the frontage road.
Commissioner BUCKNAM asked the applicant about impact on medical vacancy
rates in the city. Mr. Myers responded that MCPN is a primary care facility and
there are not enough of these facilities to meet the need. He bad no concern about
not having enough patients.
Ms. Reckert commented that many of the medical facility vacancies in the city do
not meet the needs oftoday's physicians.
Mr. Myers stated that areas of expansion do not include Wheat Ridge at this time.
Planning Commission Minutes 7 July 21,2011
Chair BUCKNAM closed the public hearing.
(Fhe meeting was recessed from 9:06p.m. to 9 :17p.m.)
Commissioner BRJNK.MAN stated that she is highly in favor of the project.
While she had deep respect for city staff's recommendations, she expressed
concern with punching 30th Avenue through to Webster. She didn't have a
problem with 30th Avenue connecting with Wadsworth because it is already
dedicated and would provide safer access for properties on the frontage road. She
commented that Wheat Ridge does a great j ob with the review and approval of
detention ponds.
Commissioner MATTHEWS shared Commissioner BRINKMAN's conce rn s
about punching 30th A venue through.
Commissioner POND stated that while he agreed with most of the reasons for
punching 301
h A venue through, he believed it was a good compromise to allow
access from 30th Avenue while not extending it. He stated that he was in favor of
the project that will provide economic development and an improvement to the
property. He expressed appreciation of the developer's commitment to green
building.
Commissioner OHM indicated his strong support for the project.
Commissioner BUCKNAM commended the applicant for dedication to
developing an attractive, useful site that will be beneficial to the community while
retaining many of the existing trees. While he could understand the city's goal in
creating a grid, the character of this neighborhood is not necessarily grid-oriented.
He didn't see a need to extend 30th Avenue to Webster.
It was moved by Commissioner POND and seconded by Commissioner OHM
to recommend approval of Case No. WZ-11-04, a request for a Planned
Commercial Development Specific Outline Development Plan for property
located at 7495 West 291b Avenue for the following reasons:
1.
2.
3.
4.
Due to changed market conditions, the property is no longer
appropriate for retail.
The proposed Specific ODP is consistent with the Wadsworth Subarea
Plan and Envision Wheat Ridge.
The proposed site design and architedural elevations are consistent
with the Commercial/Industrial Design Standards in the
Architectural and Site Design Manual.
The zone change evaluation criteria support approval of this request.
Planning Commission Minutes 8 July 21 ,2011
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5. With modifications recommended by Staff, all requirements of an
Outline Development Plan have been met which will allow
administrative approval ofFDPs for the property.
With the following conditions:
1. Problems with the legal description be resolved prior to first reading.
2. The applicant continue working with Public Works to resolve
drainage design on the site.
3. The proposed materials and colors be specified on the architectural
elevations where they are not indicated. A sample board be provided
prior to City Council public hearing.
4. On Sheet A4, the graphic be modified to show a detached sidewalk
along the entire length of West 29th Avenue.
5. Redesign the 301h Avenue access to provide entrance to the north side
of the site without connecting to Webster Street.
The motion carried 6-0.
8. OTHER MATTERS
A. 381h Avenue Corridor Plan Update
Meredith Reckert infom1ed the Commission that the third and final public
meeting will be held August 9, 2011 beginning at 6:30p.m . at the Recreation
Center.
9. ADJOURNMENT
It was moved by Commissioner POND and seconded by Commissioner
BRINKMAN to adjourn the meeting at 9:28 p.m. The motion carried 6-0.
Planning Commission Minutes 9 July 2 1,2011
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-" City of
?WheatR.i_dge
ITEM NO:_&
DATE: Sept. 12 ,2011
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 24-2011 -AN ORDINANCE CONCERNING
APPEALS FROM DECISIONS OF THE DIRECTOR OF PUBLIC
WORKS
[g) PUBLIC HEARING
D BIDS/MOTIONS
D RESOLUTIONS
D ORDINANCES FOR 1ST READING (07/25/2011)
[g) ORDINANCES FOR 2N° READING (09112 /2011)
QUASI-JU DICIAL: D YE S
-)7
s
City Attorney
ISSUE:
An ordinance providing for a right of appeal to the Board of Adjustment from certain decisions
of the Director of Public Works, and repealing an obsolete provision of Chapter 13 in connection
therewith.
PRIOR ACTION:
Council discussed this issue in a study session. The City Attorney and Public Works Director
met with Council members Reinhart and Berry. The attached ordinance is the product of that
meeting. The Planning Commission recommended approval at its September 1, 2011 meeting by
a vote of five to zero.
FINANCIAL IMPACT:
None
BACKGROUND:
The Public Works Director is given authority under various chapters of the Code of Laws to
enforce those Code sections. Under Chapter 26, the Public Works Director makes certain
administrative decisions following fmal approval of a development application by the Co uncil or
V :\Forms\CAFte mplate
Counci l Action Form
September 12, 20 11
Page2
Planning Commission. The attached ordinance creates a right of appeal of these decisions to the
Board of Adjustment, which may grant the appeal based on proof of hardship. The ordinance
also deletes an obsolete provision of C hapter 13 referring to the "street committee of t he C ity
Council ," which no longer exists.
RECOMMENDATION:
Adopt the ordinance as attached.
RECOMMENDED MOTION:
"I move to approve Council Bill No. 24-201 1, an ordinance concerning appea ls from decisions
of the Director of Public Works, on second reading, and that it take effect 15 days after final
publication."
Or,
"I move to postpone indefinitely Co uncil Bill No. 24-2011, an ordinance concerning appeals
from decisions of the Director of Public Works. for the following reason(s) "
REPORT PREPARED BY:
Gerald E. Dahl, City Attorney
ATTACHMENTS:
1. Ordinance No. 24-2011
TITLE :
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER REINHART
Council Bill No. 24
Ordinance No. 1497
Series 2011
AN ORDINANCE CONCERNING DECISIONS OF THE DIRECTOR
OF PUBLIC WORKS
WHEREAS, the City of Wheat Ridge ("City ") is a home rule municipality having
all powers conferred by Article XX of the Colorado Constitution ; and
WHEREAS, in the exercise of these powers , the City Council has adopted
Chapter 26 of the Wheat Ridge Code of Laws ("Code ") concerning zoning and
development, and Chapter 13 concerning motor vehicles and traffic; and
WHEREAS, the City Council wishes to provide for a right of appeal from certain
decisions of the Director of Public Works as authorized by said Chapter 26 and to delete
an obsolete provision of Chapter 13 in connection therewith.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO :
Section 1. Section 26-115 of the Wheat Ridge Code of Laws , pertaining to the
authority of the Board of Adjustment, is hereby amended by the addition of a new
subsection E.3 , to read as follows :
E. Interpretations. The board of adjustment is empowered to hold public hearings to
decide upon requests for interpretation of certain provisions of this chapter in such a
way as to carry out their intent and purpose . This authority shall extend only to the
following :
1 . The basic intent and purpose of words , phrases or paragraphs as applied to a
specific proposal or instance.
2 . Use of property as an "other similar use;" however in no instance shall the
board make an interpretation that a particular use may be permitted in a zone
district where that use is specifically enumerated in a higher, that is a more
intensive , zone district.
3 . ADMINISTRATIVE DECISIONS TAKEN BY THE DIRECTOR OF PUBLIC
WORKS FOLLOWING FINAL APPROVAL BY THE PLANNING
COMMISSION OR CITY COUNCIL , AS APPROPRIATE , MAY BE
APPEALED TO THE BOARD , WHICH IS EMPOWERED TO REVERSE OR
MODIFY SUCH DECISIONS , IN WHOLE OR IN PART, UPON A SHOWING
BY THE APPLICANT THAT THE EFFECT OF THE DIRECTOR'S DECISION
WOULD IMPOSE A PARTICULAR AND UNIQUE HARDSHIP UPON THE
Attachment 1
OWNER OF THE SUBJECT PROPERTY, AS DISTINGUISHED FROM
MERE INCONVENIENCE, AND WHICH HARDSHIP HAS NOT BEEN
CREATED BY ANY PERSON PRESENTLY HAVING AN INTEREST IN THE
SUBJECT PROPERTY.
Section 2. Section 13-1 of the Wheat Ridge Code of Laws , entitled "Standard
manual ," is amended by the deletion of reference in subsection (c) thereof to the "Street
Committee of the City Council ," as follows:
(c) Review for compliance; requests for placement or removal; appeals. All
traffic regulatory signs and control devices shall be reviewed by the director of
public works or his designee for compliance with the warrants stated in
subsection (b) above . Any requests for placement or removal of regulatory
signs (being defined as stop or yield signs) shall be completed by any person
requesting review , and review shall be made by the public works director, or his
designee, indicating what criteria or warrants as specified above have been met,
or not met, which review shall contain a recommended action to be taken . AU
suoh reoommendations shall be submitted to the street oommittee of the oity
oounoil , v1hioh shall revimv and disouss the reoommendation . Any person
aggrieved by the deoision of the oity oounoil 's street oommittee to approve or
disapprove said reoommendation may appeal suoh deoision to the oity oounoil
for the purpose of obtaining a final deoision from the oity oounoil. It is expressly
stated herein that the appeal prooess shall relate only to VVarrant No. (5)
speoified in subseotion (b).
Section 3. Severability, Conflicting Ordinances Repealed. If any section,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall
not be affected thereby . All other ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed .
Section 4. Effective Date. This Ordinance shall take effect fifteen (15) days after
final publication , as provided by Section 5.11 of the Charter.
INTRODUCED, READ , AND ADOPTED on first reading by a vote of 7 to 0 on
this 25th day of July, 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 September 12, 2011 at 7 :00p.m., in the Council Chambers , 7500 West
291h Avenue, Wheat Ridge , Colorado .
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of _ to _, this 12th day of September, 2011 .
SIGNED by the Mayor on this __ day of _____ , 2011 .
Jerry DiTullio, Mayor
ATTEST:
Michael Snow, City Clerk
Approved as to Fo rm
Gerald E. Dahl , City Attorney
First Publication: July 28, 2011 : August 11 , 2011
Second Publication :
Wheat Ridge Transcript
Effective Date:
.. ~
... -City of
_:?Wheat:Ri_dge
ITEM NO : __3_,_
DATE: Sept. I2, 20 II
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 27-2011-AN ORDINANCE AMENDING
THE WHEAT RIDGE CODE OF LAWS CONCERNING
ANNEXATION OF REAL PROPERTY TO THE CITY
[gj PUBLIC HEARING
D BIDS/MOTIONS
0 RESOLUTIONS
City Attorney
ISSUE:
D ORDINANCES FOR I ST READING (08/08/20II)
[gj ORDINANCES FOR 2ND READING (09/12/20II)
D YES [gj NO
£~
Ordinance adopting procedures for annexation and de-annexation of real property.
PRIOR ACTION:
It was recommended for approval by the Planning Commission at its September 1, 2011 meeting
by a vote of five to zero.
FINANCIAL IMPACT:
None
BACKGROUND:
The Wheat Ridge Code of Laws does not currently specify procedures for annexation of property
to or de-annexation of property from the City. The proposed ordinance incorporates state
statutory procedures and requires Council approval by ordinance for any deannexation.
RECOMMENDATIONS:
Staff recommends adoption of the ordinance and to schedule public hearing for September I2,
2011 to allow this ordinance to be considered by the Planning Commission on September 1,
2011.
V:\Forms\CAFtemplate
C ouncil Action Form
Septembe r 12, 2011
Page2
RECOMMENDED MOTION:
"I move to approve Council Bill No. 27-2011 , an ordinance amending the Wheat Ridge
Code of Laws concerning annexation of real property to the City, on second reading, and
that it take effect 15 days after ftnal publication."
Or,
"I move to postpone indefinitely Council Bill No. 27-2011 , an ordinance amending the
Wheat Ridge Code of Laws concerning annexation of real property to the City, for the
following reason (s) "
REPORT PREPARED BY:
Gerald Dahl, City Attorney
ATTACHMENTS:
l. Ordinance No. 27-2011
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER JAY
Council Bill No. 27
Ordinance No. ---Series 2011
TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS
CONCERNING ANNEXATION OF REAL PROPERTY TO THE CITY
WHEREAS, the City of Wheat Ridge is a home rule municipality operating under
the constitution and laws of the state of Colorado and a home rule charter adopted
pursuant to the authority granted by Article XX of the Colorado Constitution ; and
WHEREAS, the Wheat Ridge City Council (the "Council") is empowered by the
Wheat Ridge Home Rule Charter and the Colorado Constitution to adopt ordinances on
matters of local concern; and
WHEREAS, the Council finds that it is necessary to specify the applicability of
the Colorado Revised Statutes to annexation of property to the City.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE, COLORADO:
Section 1. Chapter 26 of the Wheat Ridge Code of Laws is amended by the addition of
a new Article XII , entitled "Annexation ," to read in its entirety as follows :
ARTICLE XII ANNEXATION
Sec. 26-1201. Reserved.
Sec. 26-1202. Annexation procedure.
All annexations of real property to the city shall follow the requirements of Article 12 of
Title 31 of the Colorado Revised -Statutes , as amended .
Sec. 26-1202. Disconnection procedure.
All requests for disconnection of real property from the city shall follow the applicable
requirements of Article 12 of Title 31 of the Colorado Revised Statutes, as amended,
provided , however, no such disconnection shall be initiated or completed unless and
until the city council , acting in its sole and exclusive discretion , adopts an ordinance
approving such disconnection .
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
Attachment 1
not be affected thereby. All other ordinances or parts of ordinances in conflict w ith the
provisions of this Ordinance are hereby repealed .
Section 3. Effective Date. This Ordinance shall take effect fifteen (15) days after
final publication , as provided by Section 5 .11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on
this 8th day of August , 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 September 12, 2011 at 7:00p.m., in the Council Chambers , 7500 West
291h Avenue , Wheat Ridge , Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of_ to_, this 12th day of September, 2011 .
SIGNED by the Mayor on this __ day of _____ , 2011 .
ATTEST:
Michael Snow, City Clerk
First Publication: August 11 , 2011
Second Publication:
Wheat Ridge Transcript
Effective Date:
Jerry DiTullio , Mayor
Approved as to Form
Gerald E. Dahl, City Attorney
~ " .. ·.. City of
?Wheat~dge
ITEM NO: __ 4....
DATE: September 12 , 2011
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 27-2011 A RESOLUTION
AUTHORIZING ASSIGNMENT TO THE COLORADO
HOUSING AND FINANCE AUTHORITY OF A PRIVATE
ACTIVITY BOND ALLOCATION OF THE CITY OF
WHEAT RIDGE PURSUANT TO THE COLORADO
PRIVATE ACTIVITY BOND CEILING ALLOCATION ACT
I:8J PUBLIC HEARING
D BIDS/MOTIONS
i:8J RESOLUTIONS
D ORDINANCES FOR 1 ST READlNG
0 ORDINANCES FOR 2N° READING
D YES I:8J NO
ISSUE:
The City of Wheat Ridge has received an allocation of $1 ,506,083 for the purpose of issuing
Private Activity Bonds (PAB) in 20 l1 under the state ceiling imposed by the Tax Reform Act of
1987. Staff recommends assigning the City's allocation to the Colorado Housing and Finance
Authority (CHF A) for the purposes of providing affordable for-sale housing, affordable rental
housing development, or economic development.
PRIOR ACTION:
The City of Wheat Ridge has traditionally assigned the City's PAB allocation to either CHFA or
the Metro Mayors Caucus for single family mortgage revenue bonds. The Metro Mayor Caucus is
not accepting allocations in 2011 because of the decline in the financial markets and the impact
that has had on investor interest in P AB.
Assignment of Private Activity Bonds
September 12, 2011
Page 2 ..
FINANCIAL IMP ACT:
There is no direct financial impact to the City of Wheat Ridge. However, injectin g P AB capital
into the community has a direct impact on real estate, construction, and financial markets by
stimulating economic activity and jobs. The City of Wheat Ridge's allocation ofPAB may create
$2.8 million in economic activity and 20 jobs in the single family industry or $3.2 million in
economic activity and 26 jobs in the multifamily industry or $3 .5 million in economic activity and
27 jobs in the manufacturing industry. Between 2005 and 2010, CHFA provided 40 single family
loans in Wheat Ridge for a total of $5.8 million.
BACKGROUND:
PAB are tax exempt bonds designed to offer low-cost financing to private sector borrowers for
projects that create jobs and expand the tax bases of local communities . PAB may be used to
finance a broad array of community development projects including housing, manufacturing,
higher education, infrastructure, and environmental projects. The bonding authority which allows
the issuance ofPAB is Volume Cap, created under the federal Tax Reform Act of 1986 . The
federal government allocates a maximum amount of Volume Cap use to each state annually, based
OI?-population.
Per Colorado statute, the Department of Local Affairs (DOLA) administers the state's allocation
of Volume Cap. Under the statute, 50 percent of Colorado 's allocation is given to five statewide
authorities, with DOLA deciding the proportional allocation of each.
As a political subdivision of the state and an authority, CHF A is eligible to receive an allocation of
Volume Cap, which it uses to issue tax exempt bonds throughout Colorado. CHF A uses its annual
allocation to issue tax exempt bonds for single family mortgages, multifamily rental
developments, manufacturers, and mortgage credit certificates.
The remaining 50 percent of annual Volume Cap is allocated to local issuing authorities. A local
is suing authority consists of"any city, town, county, or city and county which has a population in
any year which would result in the local issuing authority having any allocation of the state ceiling
in excess of one million dollars" (CRS 24-32-1702-8). After allocating Volume Cap to local
issuing authorities, any remaining balance becomes available by application to the statewide
balance.
RECOMMENDATIONS:
Staff recommends assigning the City's PAB allocation to CHFA. CHFA has an extensive history
of partnering with cities and counties to support local projects by leveraging Volume Cap.
Partnering with CHF A is a beneficial option for Wheat Ridge to ensure its Volume Cap is used in
a timely manner, since any unused Volume Cap is relinquished back to the statewide balance and
administered by DOLA, meaning it is not likely to be used in Wheat Ridge, as the original
allocation wo uld be. When Wheat Ridge transfers its annual allocation of Volume Cap to CHF A,
it can take advantage ofCHFA's bond issuance expertise and AI /A+ Issuer Credit Rating.
A ssignment of Private Activity Bonds
September 12, 2011
Page 3
RECOMMENDED MOTION:
"I move to approve the Assignment of Allocation between the Colorado Housing and Finance
Authority (CHF A) and the City of Wheat Ridge and to adopt Resolution No. 27-2011 authorizing
assignment to the Colorado Housing and Finance Authority of a Private Activity Bond Allocation
of the City of Wheat Ridge purs uant to the Colorado Private Activity Bond Ceiling Allocation Act
in the amount of $1 ,506,083 thereby designating the City 's PAB allocation to CHFA for th e
purpose of providing single-family mortgage loans to low-and moderate-income persons and
families."
Or,
"I move to return the unused portion of the P AB allocation to the Statewide Balance for the
following reason(s) "
REPORT PREPARED BY:
Patrick Goff, City Manager
ATTACHMENTS:
l . Certificate Assigning P AB Allocation
Exhibit A: Resolution No. 27-2011
Exhibit B: Assignment of Allocation
CERTIFICATE OF THE CITY OF WHEAT RIDGE, COLORADO
CONCERNING ASSIGNMENT OF
PRIVATE ACTIVITY BOND VOLUME CAP ALLOCATION
I, the undersigned, hereby certify that I am a duly chosen, qualified and City Attorney of
the City of Wheat Ridge, Colorado (the "City"), and that:
1. The City is a public body politic and corporate, duly organized and existing under
the constitution and laws of the State of Colorado.
2. The City has been previously notified that, pursuant to Section 24-32-1706 of the
Colorado Private Activity Bond Ceiling Allocation Act, Part 17 of Article 32 of Title 24,
Colorado Revised Statutes (the "Allocation Act"), it has an allocation of the State ceiling (as
defined in the Allocation Act) for 2011 in the amount of $1 ,506,083 (the "20 11 Allocation").
3. Attached hereto as Exhibit A is a true and correct copy of a resolution and the
related minutes thereto (the "Resolution") authorizing the assignment to the Colorado Housing
and Finance Authority (the "Authority") of all or a portion of the 2011 Allocation in an amount
equal to $1 ,506,083 (the "Assigned Allocation"), and authorizing the execution and delivery of
an Assignment of Allocation dated as of September 12 , 2011 (the "Assignment of Allocation")
between the City and the Authority in connection therewith, which Resolution was duly adopted
by the City Council of the City (the "City Council ") at a meeting thereof held on September 12 ,
201 1, at which meeting a quorum was present and acting throughout and which Resolution has
not been revoked, rescinded, repealed , amended or modified and is in full force and effect on the
date hereof.
4. The meeting of the City Council at which action has been taken with respect to
the Assignment of Allocation was a regular meeting properly called and open to the public at all
times.
5. With respect to the Assigned Allocation, the City has not heretofore: (a) issued
private activity bonds; (b) assigned the Assigned Allocation to another "issuing authority," as
defmed in the Allocation Act; (c) made a mortgage credit certificate election; or (d) treated the
Assigned Allocation as an allocation for a project with a carryforward purpose, as defmed in the
Allocation Act.
6. The Assignment of Allocation, attached hereto as Exhibit B , is in the form
presented to and approved by the City Council at the meeting thereof held on September 12,
2011.
7. On or before the date hereof, counterparts of the Assignment of Allocation were
officially executed by the Mayor and the City Clerk of the City. On the date of such signing,
such persons were the duly sworn, qualified and acting officers of the City authorized to execute
the Assignment of Allocation and holding the offices of the Mayor and City Clerk, respectively .
Attachment 1
J :\Counc il Acti on Fom1s\20II Coun cil Action FomJs\110912 PAB 20 11 City Attorney Cert Fom1 (2).doc
Vers ion: I (07 .20 10)
8. The City has authorized the execution, delivery and due performance of the
Assignment of Allocation, and the execution and delivery of the Assignment of Allocation and
the compliance by the City with the provisions thereof, will not, to the best of my knowledge,
conflict with or constitute on the part of the City a breach of or a default under any existing
Colorado law, City resolution, court or administrative regulation, decree or order or any
agreement or other instrument to which the City is subject or by which it is bound.
9. To the best of my knowledge, there does not exist any action, suit, proceeding or
investigation pending, or threatened against the City, contesting (a) the corporate existence of the
City, (b) the title of its present officers or any of them to their respective offices, including,
without limitation, the members of the City Council, (c) the validity of the Assignment of
Allocation or (d) the power of the City to execute, deliver or perform the Assignment of
Allocation.
10. No referendum petition has been filed concerning the Resolution; and to the best
of my knowledge none is being circulated or planned for circulation.
WITNESS my hand and the seal ofthe City this _______ , 2011.
City Attorney
(SEAL)
2
J:\Council Actio n Forms\2011 Council Action Fo mls\11 09 12 PAB 2 0 11 City Attorney Cert Form (2).doc
Vers ion: I (07.2010)
EXHIBIT A
RESOLUTION
A-1
CITY OF WHEAT RIDGE , COLORADO
RESOLUTION NO. 27
Series of 2011
TITLE : A RESOLUTION AUTHORIZING ASSIGNMENT TO THE
COLORADO HOUSING AND FINANCE AUTHORITY OF A
PRIVATE ACTIVITY BOND ALLOCATION OF THE CITY OF
WHEAT RIDGE PURSUANT TO THE COLORADO PRIVATE
ACTIVITY BOND CEILING ALLOCATION ACT
WHEREAS, the City of Wheat Ridge is authorized and empowered under the
laws of the State of Colorado (the "State") to issue revenue bonds for the purpose of
providing single-family mortgage loans to low-and moderate-income persons and
families ; and
WHEREAS, the Internal Revenue Code of 1986, as amended (the "Code"),
restricts the amount of tax-exempt bonds ("Private Activity Bonds") which may be
issued in the State to provide such mortgage loans and for certain other purposes ; and
WHEREAS, pursuant to the Code , the Colorado legislature adopted the
Colorado Private Activity Bond Ceiling Allocation Act , Part 17 of Article 32 of Title 24 ,
Colorado Revised Statutes (the "Allocation Act"), providing for the allocation of the
State Ceiling among the Colorado Housing and Finance Authority (the "Authority") and
other governmental units in the State, and further providing for the assignment of such
allocations from such other governmental units to the Authority; and
WHEREAS, pursuant to an allocation under Section 24-32-1706 of the Allocation
Act, the City of Wheat Ridge has an allocation of the 2011 State Ceiling for the
issuance of a specified principal amount of Private Activity Bonds prior to September
15, 2011 (the "2011 Allocation "); and
WHEREAS, the City of Wheat Ridge has determined that, in order to increase
the availability of adequate affordable housing for low-and moderate-income persons
and families within the City of Wheat Ridge and elsewhere in the State , it is necessary
or desirable to provide for the uti!ization of all or a portion of the 2011 Allocation ; and
WHEREAS, the City of Wheat Ridge has determined that the 2011 Allocation , or
a portion thereof, can be utilized most efficiently by assigning it to the Authority to issue
Private Activity Bonds for the purpose of providing single-family mortgage loans to low-
and moderate-income persons and families ; and
WHEREAS, the City Council of the City of Wheat Ridge has determined to
assign $1,506,083 of its 2011 Allocation to the Authority , which assignment is to be
evidenced by an Assignment of Allocation between the City of Wheat Ridge and the
Authority (the "Assignment of Allocation "),
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat
Ridge as follows :
legal\bondcap\homcown\2006reassgn.doc
I
Attachment 2
1. The assignment to the Authority of $1 ,506 ,083 of the City of Wheat Ridge's 2011
Allocation be and hereby is approved .
2 . The form and substance of the Assignment of Allocation be and hereby are
approved ; provided , however, that the Mayor be and hereby is authorized to
make such technical variations , additions or deletions in or to such Assignment
of Allocation as he shall deem necessary or appropriate and not inconsistent with
the approval thereof by this resolution .
3. The City Council of the City of Wheat Ridge be and hereby is authorized to
execute and deliver th.e Assignment of Allocation on behalf of the City of Wheat
Ridge and to take such other steps or actions as may be necessary, useful or
convenient to effect the aforesaid assignment in accordance with the intent of
this resolution .
4 . If any section , paragraph, clause, or provision of this resolution shall for any
reason be held to be invalid or unenforceable, the invalidity or unenforceability of
such section , paragraph , clause, or provision shall not affect any of the
remaining provisions of this resolution .
5 . This resolution shall be in full force and effect upon its passage and approval.
PASSED, ADOPTED AND APPROVED this 12th day of September, 2011 .
ATTEST :
Michael D. Snow, City Clerk
[SEAL]
ATTEST:
By : __________ __
Assistant Secretary
leg al\bondcap\homeown\2006reassgn.d oc
2
Jerry DiTullio, Mayor
COLORADO HOUSING AND FINANCE
AUTHORITY
By : ____________ _
Executive Director
EXHIBIT B
ASSIGNMENT OF ALLOCATION
B-1
ASSIGNMENT OF ALLOCATION
(Single Family Mortgage Revenue Bonds)
This Assignment of Allocation (the "Assignment"), dated this 12th day of
September, 2011 , is between the City of Wheat Ridge (the "Assignor") and the Colorado
Housing and Finance Authority (the "Assignee").
WITNESSETH:
WHEREAS, the Assignor and the Assignee are authorized and empowered under
the laws of the State of Colorado (the "State") to issue revenue bonds for the purpose of
providing single-family mortgage loans to low-and moderate-income persons and
families ; and
WHEREAS, the Internal Revenue Code of 1986, as amended (the "Code"),
restricts the amount of tax-exempt bonds ("Private Activity Bonds") which may be issued
in the State to provide such mortgage loans and for certain other purposes (the "State
Ceiling"); and
WHEREAS , pursuant to the Code, the Colorado legislature adopted the Colorado
Private Activity Bond Ceiling Allocation Act, Part 17 of Article 32 of Title 24 , Colorado
Revised Statutes (the "Allocation Act"), providing for the allocation of the State Ceiling
among the Assignee and other governmental units in the State, and further providing for
the assignment of allocations from such other governmental units to the Assignee; and
WHEREAS , pursuant to an allocation under Section 24-32-1706 of the Allocation
Act, the Assignor has an allocation of the 2011 State Ceiling for the issuance of a
specified principal amount of Private Activity Bonds prior to September 15, 2011, the
"20 11 Allocation"); and
WHEREAS, the Assignor has determined that, in order to increase the availability
of adequate affordable housing for low-and moderate-income persons and families
within the City of Wheat Ridge and elsewhere in the State, it is necessary or desirable to
provide for the utilization of all or a portion of the 20 11 Allocation ; and
WHEREAS , the Assignor has determined that the 2011 Allocation, or a portion
thereof, can be utilized most efficiently by assigning it to the Assignee to issue Private
Activity Bonds for the purpose of providing single-family mortgage loans to low-and
moderate-income persons and families ("Revenue Bonds"), and the Assignee has
expressed its willingness to attempt to issue Revenue Bonds with res pect to the 2011
Allocation ; and
Attachment 3
I
J:\Coun cil Action Form s\20 11 C oun ci l Ac ti on Form s\1109 12 PAB 20 11 Ass ign (2).doc
Vers ion : I (0 7 .2 0 I 0)
WHEREAS, the City Council of the Ass ignor has determined to assign to the
Assignee $1 ,506,083 of its 2011 Allocation , and the Assignee has agreed to accept s uch
ass ignment, which is to be evidenced by this Assignment.
NOW, THEREFORE, in consideration of the premises and the mutual promises
hereinafter set forth, the parties hereto agree as follows:
1. The Assignor hereby assigns to the Assignee $1 ,506,083 of its 2011
Allocation, subject to the terms and conditions contained herein. The Assignor represents
that it has received no monetary consideration for said assignment.
2. The Assignee hereby accepts the assignment to it by the Assignor of
$I ,506,083 of Assignor's 20 II Allocation, subject to the terms and conditions contained
herein. The Assignee agrees to use its bes t efforts to issue and sell Revenue Bonds, in
one or more series, and to make proceeds of such Revenue Bonds available from time to
time during the period of two (2) years from the date of this Assignment for the purchase
of mortgage loans in at least the aggregate amount of$1,506,083 to finance single-family
housing facilities located in the City of Wheat Ridge. Unless otherwise agreed to in
writing, the mortgage loans will be subject to all applicable current requirements of
Assignee 's mortgage revenue bond program, including Assignee's income and purchase
price limits.
3. The Assignor hereby consents to the election by the Assignee, if the
Assignee in its discretion so decides, to treat all or any portion of the assignment set forth
herein as an allocation for a project with a carryforward purpose.
4 . The Assignor and Assignee each agree that it will take such further action
and adopt such further proceedings as may be required to implement the terms of this
Assignment.
5. Nothing contained in this Assignment shall obligate the Assignee to
finance mortgage loans in any particular amount or at any particular interest rate or to use
any particular percentage of the proceeds of its Revenue Bonds to provide mortgage loans
to finance single-family housing facilities located in the City of Wheat Ridge.
6. This Assignment is effective upon execution and is irrevocable.
2
J :\Council Ac ti o n Fo rms\2011 Coun cil Action Fo mls\11 09 12 P/\13 20 11 Assign (2).doc
Vers io n: I (07.2 01 0)
lN WITNESS WHEREOF, the parties hereto have duly executed this Assignment
on the date first written above.
[SEAL]
ATTEST:
By:
Title: __________ _
[SEAL]
ATTEST:
By:
Assistant Secretary
CITY OF WHEAT RIDGE
By:
Title:
COLORADO HOUSING AND FINANCE
AUTHORITY
By:
Chief Financial Officer
3
J :\Counci l Action Form s\2 011 Counc il Action Forms\1109 12 PAB 20 11 Assign (2).d oc
Version : I (07.2 010)
~ £ ...
• ~ ~ City of
J?"WheatRLdge
ITEMNO:~
DATE: September 12 ,2011
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPROVE PAYMENT TO INSIGHT PUBLIC
SECTOR IN THE AMOUNT OF $51,618.51 FOR THE
ANNUAL RENEWAL OF THE MICROSOFT ENTERPRISE
AGREEMENT
D PUBLIC HEARING
[g) BIDS/MOTIONS
0 RESOLUTIONS
QUASI-JUDICIAL:
ISSUE:
D ORDINANCES FOR I ST READING
0 ORDINANCES FOR 2ND READING
D YES
This is a scheduled, budgeted and licensed replacement of obsolete Microsoft software at all sites
and the support and maintenance that is inherent with upgrades or new software. The annual
renew of licensing and support will cost $51,618.51 which has been approved in the 2011 IT
Budget.
PRIOR ACTION:
It was approved by Council in 2010-and budgeted in the 2011 Budget.
FINANCIAL IMP ACT:
Staff recommends awarding the renewal purchase of the Microsoft Software Licensing
Enterprise Agreement to Insight , Inc. in the total amount of $51,618.51. This will keep the City
of Wheat Ridge current on all Microsoft licenses. These funds are budgeted in the 2011
Information Technology Division budget.
BACKGROUND:
This is our sixth year participating in the Microsoft Enterprise Agreement (EA) program and
Staff recommends the renewal ofthe term for another year.
Council Action Form
September 12, 20 11
Page 2
Prior to 2005, software licensing control and purchases were decentralized; non-s tandardized and
recordkeeping was sporadic and incomplete. In 2005, based on an Information Technology
Divi s ion (IT) evaluation of the status of the City's s oftware needs and requirements, IT Staff
decided to engage in a five-year agreement with Microsoft to get the City of Wheat Ridge
properly licensed and create annual cost savings through participation in the annual licensing
program. The cost of the license renewal program for 2011 is $51 ,618.51. The estimated cost
savings in 2011, compared to the 2010 program, is $9,220.05.
As a result of participating in the program, the City has been compliant with Microsoft's
licensing ruJes and reguJations since 2005. In addition, this program allows for discounts on
software licenses, professional services and planning and training vouchers from Microsoft. We
have used these services to implement Outlook web application, upgrades to Exchange 20 1 0 ,
Windows 7 , Office 2010 and other features of the Microsoft software.
RECOMMENDATIONS:
Staff recommends approval ofthe annual renewal for the Microsoft Enterprise Agreement.
RECOMMENDED MOTION:
"I move to approve payment to Insight Pub I ic Sector in the amount of $51,618.51 for the annual
renewal of the Microsoft Enterprise Agreement.
Or,
"I move to deny payment to Insight Public Sector in the amount of $51 ,618.51 for the annual
renewal of the Microsoft Enterprise Agreement.
REPORT PREP ARE DIRE VIEWED BY:
Michael Steinke, IT Manager
Heather Geyer, Administrative Services Director
ATTACHMENTS:
1. Insight Microsoft Quote # 08_1 1
Insight
City of Wheat Ridge
August 18, 2011
}3/LII.Ull
Microsoft Enterprise Agreement (USD)
Contact Name :
Contact Phone#:
Reference Number:
MFG Part Number
Jinny Williams
509-979-1773
0811-wheatridge-EA1 annual-jw
Product Name
Software Assurance Onlv (Renewal)
A07-00042 ProDsktp ALNG SA MVL
312-02257 ExchgSvrStd AL NG SA MVL
H30-00238 PrjctPro ALN G SA MVL w1 PrjctSvrCAL
359-00792 SQLCAL ALNG SA MVL DvcCAL
228-04433 SQLSvrStd A LNG SA MVL
228-03148 SQLSvrStd A LNG SA MVL 1 Proc
J3A-00162 SysCtrCnfgMgrSvr ALNG SA MVL
087-01159 Visi oPro ALNG SA MVL
P72-00 188 WinSvrE nt ALNG SA MVL
P73-00226 WinSvrSt d ALNG SA MVL
Annual Payment Total :
Five Year Total:
TR UE UP FE E S
Pavm ent for Desktops Added in Year 1·
A07-0004 1 ProDsktp A LN G LicSAPk MVL
312-02177 ExchgSvrStd A LNG Li cSAPk MVL
H30-00237 Prj ctP ro ALNG LicSAPk MVL w1 Prj ctSvrCAL
359-00765 SQLCAL ALNG LlcSAPk MV L DvcCAL
228-04437 SQLSvrStd ALNG LicSAP k MVL
Co nfid e ntial. EA Annual Pa yment
I Level D -15000+ PC 's
Product
Price Qty
$ 147.25 275
$ 114.81 1
$ 168.36 10
$ 26 .53 50
$ 145 .56 2
$ '1 ,163.79 2
$ 93.95 1
$ 86.35 5
$ 382.54 5
$ 117.71 25
$ 939.41
$ 976.02
$ 1,338.06
$ 225.76
$ 1,237.54
Extended
Product Price
$ 40,493.75
$ 114.81
$ 1,683.60
$ 1,326 .50
$ 291.12
$ 2,327 .58
$ 9 3.95
$ 431 .75
$ 1 ,912.70
$ 2,942.75
1 $ 51,618.51
t-'age ·1 or L
1 $258,092.55 I
Th ank yo u f or the op portunity to qu ote .
Insight
City of Wheat Ridge
August 18 , 2011
!::I /:L/:LU1 1
Microsoft Enterprise Agreement {USD)
Contact Name:
Contact Phone #:
Reference Number:
MFG Part Number
228-03159
J3A-00167
087-01057
P72-00165
P73-00203
Confidential.
Jinny Williams
509-979-1773
08 11 -wheatridge-EA1annual-jw
Product Name
SQLSvrStd ALNG LicSAPk MVL 1 Proc
SysCtrCnfgMgrSvr ALNG LicSAPk MVL
VisioPro ALNG LicSAPk MVL
WinSvrEnt ALNG LicSAPk MVL
WinSvrStd ALNG LicSAPk MVL
EA Annual Payment
!Level D-15000+ PC's
Product
Price Qty
$ 9 ,892 .34
$ 798.67
$ 686.33
$ 3,251 .74
$ 1,000 .62
Extended
Product Price
t-'age Lot L
Thank you for the opportunity to quote .
~ A ~
_.. _ • City of •
_?WheatR:l__dge
ITEM NO:~
DATE: September 12 ,2011
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 29-2011 - A RESOLUTION APPROVING
A RIGHT-OF-WAY PURCHASE, MAINTENANCE AND
ACCESS AGREEMENT WITH ENAYATALLAH
BOROUMAND (PANDA KING) AND AMENDING THE
FISCAL YEAR 2011 CAPITAL INVESTMENT PROGRAM
FUND BUDGET TO REFLECT THE APPROVAL OF A
SUPPLEMENTAL BUDGET APPROPRIATION IN THE
AMOUNT OF $42,221 FOR THE PURCHASE OF THE
RIGHT-OF-WAY
0 PUBLIC HEARING
D BIDS/MOTIONS
~ RESOLUTIONS
D ORDINANCES FOR 1ST READING
0 ORDINANCES FOR 2ND READING
QUASI-JUDICIAL: D YES ~ NO
~~Ajff~ L{~.f/
City Attorney City Manager
ISSUE:
Purchase of right-of-way for the widening of 44th Avenue and the construction of Vance Street
south of 44th Avenue.
PRIOR ACTION:
None
FINANCIAL IMPACT:
Supplemental budget appropriation of $42,211 which includes the acquisition and estimated
closing costs. There are adequate funds in the Capital Investment Program Fund budget
undesignated reserves.
V :\Forms\CAFte mplate
Council Action Form
September 12 , 2011
Page 2
BACKGROUND:
As the Mayor and Council are aware, the Urban Renewal Authority ("URA'') is activeJ~ working
on the Town Center North (the "Project") subdivision at Wadsworth Boulevard and 44t Avenue.
The approximately 8.9-acre Project is being developed by the URA through a Master
Development Agreement with Weston Solutions.
A large portion of the project includes the widening of 44th Avenue, and the extension of Vance
Street from 44th Avenue south, into the subdivision. This action requires the City to acquire a
portion of right-of-way property· along both streets of property currently owned by Enayatallah
Boroumand, the property owner where the Panda King restaurant is located.
Tonight's action will enable the City to acquire a parcel 14 feet in width extending along the
northern boundary of 44th Avenue and 37.5 feet in width extending along the eastern boundary
for the extension of Vance Street.
Staff and legal counsel have met with Boroumand 's representative, Larry Ackerman of
Commercial West Real Estate, to negotiate the acquisition of the property. In the Agreement,
Boroumand has agreed to dedicate a portion and sell a portion of the above mentioned ROW.
Along Vance Street, Boroumand has agreed to convey 30 of the 37.5 feet without any
compensation. The City agrees to compensate Boroumand for the remaining 7.5 feet along
Vance and the entire 14 feet along 44th Avenue.
Using a July 18 , 2011 appraisal commissioned by Weston and performed by James Real Estate
Services, staff determined a reasonable offer to Boroumand would be $5.65 per square foot for
the Vance Street property and $7.92 per square foot for the 44th Avenue property. The purchase
price for the Vance Street component totaled $8,362.62 and the 44th Avenue property was
offered at $32,266.08 for a total price of $40,648.70.
As part of the project and acquisition, the URA will also be responsible for the construction of
the roadways at no cost to Boroumand. The URA will fund the road surfaces, curb, gutter,
sidewalks, street and pedestrian lighting, landscaping, and placement of the irrigation system.
Once the project is complete, Boroumand will be responsible for the maintenance of the
landscaping including water and utility costs.
During construction of the subdivision, the URA and the City will provide full access to the
Panda King restaurant. The URA will assure there is always at least one access point to the
restaurant and will create and place a banner along 44th A venue announcing the establishment is
'Open for Business' during construction. The URA will also pay for the restriping of the parking
lot adjacent to Panda King and any reconfiguration of the lot. The URA will also be responsible
for any closing costs, documentation or recordation fees associated with the acquisition.
Council Action Form
September 12, 2011
Page 3
RECOMMENDATIONS:
Approve the Right-of-Way Purchase, Maintenance and Access Agreement and supplemental
budget appropriation in the amount of $42,211 for the purchase of the right-of-way and
associated estimated closing costs.
RECOMMENDED MOTION:
"I move to approve Resolution No. 29-2011 -a resolution approving a Right-of-Way Purchase,
Maintenance and Access Agreement with Enayatallah Boroumand (Panda King) and amending
the Fiscal Year 2011 Capital Investment Program Fund Budget to reflect the approval of a
supplemental budget appropriation in the amount of$42,211 for the purchase ofthe right-of-way
and estimated closing costs."
Or,
"I move to postpone indefinitely Resolution No. 29-2011, a resolution approving a Right-of-Way
Purchase, Maintenance and Access Agreement with Enayatallah Boroumand (Panda King) and
amending the Fiscal Year 2011 Capital Investment Program Fund Budget for the following
reason( s) "
REPORT PREPARED BY:
Steve Art, Economic Development/Urban Renewal Manager
Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution No. 29-2011
2. Right-of Way Purchase, Maintenance and Access Agreement
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 29
Series of 2011
TITLE: A RESOLUTION APPROVING A RIGHT-OF-WAY PURCHASE,
MAINTENANCE AND ACCESS AGREEMENT WITH
ENAYATALLAH BOROUMAND (PANDA KING) AND AMENDING
THE FISCAL YEAR 2011 CAPITAL INVESTMENT PROGRAM
FUND BUDGET TO REFLECT THE APPROVAL OF A
SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT
OF $42,221 FOR THE PURCHASE OF THE RIGHT -OF-WAY
WHEREAS, Owner is the owner in fee simple of certain real property located
at 7540 West 44th Avenue within the City of Wheat Ridge, Colorado (the "Owner's
Property");and
WHEREAS, the Property is bordered on the north by 44th Avenue and is
bordered on the east by a 30 foot easement for Vance Street; and
WHEREAS, both 441h Avenue and Vance Street are public roadways with i n
the City; and
WHEREAS, the Wheat Ridge Urban Renewal Authority ("URA") is the owner
of certain real property adjacent to the Owner's Property to the east and the south
("URA Property"), which the URA is redeveloping in cooperation with the City; and
WHEREAS, in order to benefit the existing and future uses of the Owner's
Property and the redevelopment of the URA Property, it is necessary for the City to
acquire from Owner certain additional right-of-way from Owner's Property as it
adjoins 44th Avenue and within and adjacent to the present easement for Vance
Street; and
WHEREAS , in return for the conveyance by the Owner of certain of Owner's
Property for the 44th Avenue and Vance Street improvements, the City wishes to
agree to provide compensation, access and other guarantees to Owner; and
WHEREAS, the parties also w ish to agree concerning the installation and
maintenance of certain landscaping , lighting , sidewalk and curb and gutter to be
installed on and adjacent to the rebuilt and widened 44th Avenue and Vance Street.
WHEREAS, in consideration of the promises and agreements of the parties
contained here i n, the sufficiency of which are hereby acknowledged by Owner and
the City, the parties hereby do promise and agree as follows:
Owner agrees to sell to the City, and the City agrees to purchase by special
warranty deed , those portions of Owner's Property bordering 44th Avenue and
the Vance Street easement in the amount of $42 ,211 which includes
estimated closing costs, hereto and as follows :
Attachment 1
1
• 44th Avenue Parcel: a parcel 14 feet in width extending along the
northern boundary of Owner's Property adjacent to 44th Avenue.
• Vance Street Parcel: a parcel 37 .5 feet in width extending along the
eastern boundary of Owner's Property and of which the easternmost 30
feet is subject to an easement granted to the City of Wheat Ridge by
plat recorded November 19 , 1982 at reception number 82081495 .
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat
Ridge, Colorado , as follows:
1. The City Council .approves the Right-of-Way Purchase , Maintenance and
Access Agreement with Enayatallah Boroumand .
2. The City Council authorizes the transfer of $42 ,211 from the Capital
Investment Program budget undesignated reserves to account 30-610-
800-801 and amendment of the 2011 fiscal year budget accordingly .
DONE AND RESOLVED this 1 ih day of September, 2011 .
Jerry DiTullio , Mayor
ATTEST
Michael Snow, City Clerk
2
RIGHT-OF-WAY PURCHASE, MAINTENANCE AND ACCESS AGREEMENT
THIS RIGHT-OF-WAY PURCHASE, MAINTENANCE & ACCESS AGREEMENT
("Agreement") is entered into as of the day of September, 2011 by and
between Enayatallah Boroumand and Enayatallah Boroumand , as Trustee of the 1980
ABG Trust ( collectively,"Owner"), and the City of Wheat Ridge, Colorado ("City"),
hereinafter co ll ectively referred to as the parties.
RECITALS
WHEREAS , Owner i s the ovyner in fee simple of certain real property located at 7540
West 44th Avenue w ithin the City of Wheat Ridge, Colorado (the "Owner's
Property");and
WHEREAS , the Property is bordered on the north by 44th Avenue and is bordered on
the east by a 30 foot easement for Vance Street; and
WHEREAS , both 44th Avenue and Vance Street are public roadways within the City;
and
WHEREAS , the Wheat Ridge Urban Renewal Authority ("URA") is the owner of certain
real property adjacent to the Owner's Property to the east and the south ("URA
Property"), which the URA is redeveloping in cooperation with the City; and
WHEREAS , in order to benefit the existing and future uses of the Owner's Property and
the redevelopment of th e URA Property, it is necessary for the City to acquire from
Owner certain add iti ona l right-of-way from Owner's Property as it adjoins 44th Avenue
and within and adjacent to the present easement for Vance Street; and
WHEREAS , in return for the conveyance by the Owner of certain of Owne r's Property
for the 44th Avenue and Vance Street improvements, the City wi shes to agree to
provide compensation, access and other guarantees to Owner; and
WHEREAS , the parties a lso wish to agree concerning the in stallation and maintenance
of certain land scaping, lighting, sidewa lk and curb and gutter to be installed on and
ad j acent to the rebuilt and widene-d 44th Avenue and Vance Street.
NOW THEREFORE, in consideration of the promises and agreement s of the parties
contained herein , the sufficiency of which are hereby acknowledged by Owner and the
C ity, the parties hereby do promise and agree as follows:
AGREEMENT
1. Right-of-way Purchase and Sale. Owner agrees to sell to the City, and
the C ity agrees to purchase by specia l warranty deed, those portions of Owner's
Property bordering 44th Avenue and the Vance Street easement , more particu larly
described on Exhibits A and B attached hereto and as follows:
Attachment 2
• 44th Avenue Parcel (Exhibit A): a parcel 14 feet in width extending
along the northern boundary of Owner's Property adjacent to 44th Avenue .
• Vance Street Parcel (Exhibit 8): a parcel 37 .5 feet in width extending
along the eastern boundary of Owner's Property and of which the
easternmost 30 feet is subject to an easement granted to the City of
Wheat Ridge by plat recorded November 19 , 1982 at reception number
82081495.
Collectively, the 44th Avenue Parcel and the Vance Street Parcel are referred to herein
as the "Property."
2. Purchase Price. Owner's conveyance of the easternmost 30 feet of the
37.5 feet of the Vance Street Parcel shall be without monetary compensation. The City
agrees to compensate Owner for the westernmost 7.5 feet of the total 37 .5 feet of the
Vance Street Parcel in the total amount of $5.65 per square foot , or $8382.62. The
City agrees to compensate Owner for the 14 foot 44th Avenue Parcel in the total
amount of $7.92 per square foot, or $32 ,266.08. The total purchase price for both
parcels of the Property (the "Purchase Price") to be paid by the City to Owner shall be
$40,648.70. The Purchase Price, as adjusted for any other credits and prorations
specifically provided for herein, or otherwise mutually agreed upon by the parties, shall
be paid by City to Owner at the Closing by certified check, cashier's check , wire
transfer, or other immediately available funds acceptable to Owner.
3. Title. On or before August 15 , 2011 , City shall obtain a current
commitment from a title company of City's choice ("Title Company") for an ALTA
owner's title insurance policy in an amount equal to the Purchase Price, ('Title
Commitment") together with copies of those documents listed in schedule B2 of the title
commitment, collectively the ("Title Documents "). Owner represents to the City that as
of the date of this Agreement the Owner is in fee simple title to the Vance Street and
44th Avenue Parcels. Owner agrees to reasonably cooperate with the City in obtaining
release of any exception shown on Schedule B-2 of the Title Commitment as requested
by the City, to the extent Owner is able to do so without cost.
4. Inspection; Right to Terminate. City shall have until August 31, 2011 or
the date of Closing, whichever occurs first, the right to inspect and evaluate the Property
and to evaluate the Title Documents and to determine whether the Property is materially
contaminated by any Hazardous Materials (as defined by Paragraph 6(d) below). City
shall have the right to terminate this Agreement on or before August 31 , 2011 , if
acquiring the Property is not in the City's interest for any reason.
5 . Access; Mechanics' Liens. City, its agents, employees, contractors, or
subcontractors may, at all times after the date hereof, at no charge to City, and until the
earlier of the Closing or the termination of this Agreement, have the right of access to
the Property to test, inspect, and evaluate the Property as City deems appropriate.
City shall promptly restore any alterations made to the Property by City, or at City's
-2 -
instance or request, and City shall pay for all work performed on the Property by City , or
at City's instance or request, as such payments come due. Any and all liens on any
portion of the Property resulting from the actions or requests or otherwise at the
instance of City shall be removed by City at its expense . City shall, at City's expense ,
defend , indemnify, and hold harmless Owner from and against any and all obligations ,
claims , loss, and damage, including costs and attorneys' fees , resulting from or related
to City's access to the Property.
6. Owner's Representations. Owner hereby represents to City as of the
date of this Agreement and as of the Closing as follows:
(a) No Violations . To the best of Owner's knowledge, the Property is
not in violation, nor has been or is currently under investigation for violation of
any federal, state , or local laws , ordinances or regulations.
(b) Non -Foreign Person. Owner is not a "foreign person" as that term
is defined in the federal Foreign Investment in Real Property Tax Act of 1986, the
1984 Tax Reform Act , as amended , and Section 1455 of the Internal Revenue
Code , and applicable regulations and, at Closing , will deliver to City a certificate
standing that Owner is not a "foreign person" as defined in said laws in a form
complying with the federal tax law.
(c) Authority . Owner has the authority to enter into and execute this
Agreement.
(d) Hazardous Materials . To the best of Owner's actual knowledge,
without any special investigation, since Owner acquired the Property , Owner has
not caused or contributed to : (i) any toxic or Hazardous Materials being present
on , over, under, or around the Property , (ii) any present or past generation ,
recycling , use, reuse, sale, storage , handling , transport, and/or disposal of any
toxic or Hazardous Materials on, over, under, or around the Property, (iii) any
failure to comply with any applicable local, state , or federal environmental laws,
(iv) any spills, releases , discharges, or disposal of toxic or Hazardous Material
that have occurred or are presently occurring on or onto the Property or any
adjacent properties, or (v) any spills or disposal of toxic or Hazardous Materials
that have occurred or are presently occurring off the Property as a result of any
construction or operation and use of the Property. The term "Hazardous
Materials" includes, but is not limited to , substances defined as Hazardous
Substances as defined in the Comprehensive Environmental Response ,
Compensation and Liability Act, as amended, the Hazardous Materia ls
Transportation Act, as amended, the Toxic Substances Control Act, or any other
law, statute, rule, or regulation pertaining to the protection of the environment or
the health and safety of persons or property .
-3-
(f) Leases . The Property is presently subject to a commercial
restaurant lease. Owner shall obtain the release of same with respect to the
44th Avenue and Vance Street Parcels prior to or at Closing .
(g) Materiality of Representations . Each of the representations made
by Owner in this Agreement, or in any document or instrument delivered
pursuant hereto, shall be true and correct in all material respects on the date
hereof, and shall be deemed to be made again as and at the date of the Closing
and shall then be true and correct in all material respects. The material truth
and accuracy of each of the representations and the material performance of all
covenants of Owner contained in this Agreement are conditions precedent to the
Closing .
7 . Closing. The closing of the sale of the Property from Owner to City (the
"Closing") shall take place on or before September 23 , 2011 at a time and location
mutually agreed upon . At Closing , the following shall take place:
a. City shall pay to Owner the Purchase Price by certified check, cashier's
check, wire transfer, or other immediately available funds acceptable to
Owner.
b. Owner shall convey fee simple title to the Property to City by special
warranty deed , (the "Deed").
c . Owner shall deliver exclusive possession of the Property to City.
d. The parties shall each do or cause to be done such other matters and
things as shall be reasonably necessary to close the transaction
contemplated herein . City shall pay any charges imposed by the Title
Company to prepa re the closing documents and provide similar closing
services. Taxes and assessments shall be prorated to the date of
Closing and shall be a final settlement.
8 . Brokerage Commissions. The parties each hereby warrant and
represent to the other that they have not dealt with any broker in connection with the
transaction contemplated herein ,-and no broker's commissions are or will be due as a
result of this transaction.
9 . Demolition and Reconstruction of 44th Avenue and Vance Street. The
City agrees to demolish and reconstruct all necessary improvements along the frontage
of 44th Avenue and Vance Street pursuant to the general plan for the same attached
hereto as Exhibit C. This demolition and reconstruction shall include replacement and
new plantings of trees, shrubs, ground coverings and plants and installation of sidewalk ,
curb and gutter, and street and pedestrian lighting on both rights-of-way as generally
shown on Exhibit C.
10. Access to Owner's Property. The City agrees that a complete and
-4 -
separate, exclusive ingress and egress to and from Owner's Property f rom either 44t h
Avenue or Vance Street shall always be provided , before and during redevelopment of
the URA Property. Permanent access shall be provided from 44th Avenue and Vance
Street after redevelopment of the URA Property. The permanent Vance Street Access
shall be subject to a mutually agreed "Mutual Access Agreement," providing for access
through the URA Property and to the southeastern corner of Owner's Property and
providing access to both Owner's Property and the URA Property, such that both
properties can be accessed and to the greatest degree possible , future commercial
uses of both properties is facilitated .
1 1. Improvement .Survey Plat. The City agrees to provide Owner with an
"improvement survey plat" of Owner's Property showing the legal description of the
Owner's Property and the location of improvements thereon , giving effect to and
showing the conveyance of the Vance Street and 44th Avenue Parcels as contemplated
herein .
12. Parking Lot Striping. The City will provide for and implement all needed
changes to the striping and restriping of Owner's Property parking lot, including
handicap parking space requirements , as a result of the property conveyances herein
contemplated , the City's construction of the 44th Avenue and Vance Street
improvements , and the reconfiguration of access to Owner's Property as a result of the
URA Property redevelopment.
13. Maintenance . The City agrees to install , or cause the URA to install ,
sidewalks, curb and gutter, landscaped areas and pedestrian and street lighting along
Vance Street and 44th Avenue, all as shown on Exhibit C. No changes or expansion
of such improvements will be required of Owner's Property unless Owner's Property is
redeveloped with an entirely new building and development plan . Owner and City shall
be responsible for maintenance of these improvements as follows :
a. Landscaping and sidewalks : Owner shall maintain all landscaping from
curb to Owner's Property line , including water utility charges. Owner shall
maintain sidewalks adjacent to Owner's Property on 44th Avenue and
Vance Street.
b. Street lighting: City shall maintain all street lighting , including electric
utility charges .
c. Pedestrian lighting : Owner shall maintain all pedestrian lighting from curb
to Owner's Property line , including electric utility charges .
d . Curb and gutter: City shall maintain all curb and gutter.
14. Temporary Banner. The City will create , place and maintain a temporary
banner sign at approximately the western edge of Owner's Property along 44th Avenue
at a location approved by the Planning Department for the City, indicating an access
-5-
point along 44th Avenue and informing the general public that the Panda King
restaurant located on Owner's Property is open for business during construction. This
banner will be removed upon completion of the 44th Avenue and Vance Street
improvements.
15 . Right of Entry. Owner hereby grants the City a right of entry to the
Owner's Property during construction of the 44th Avenue and Vance Street
improvements, including the parking lot striping , temporary and permanent access
construction , curb, gutter and sidewalk construction , and lighting and landscaping
improvements contemplated in this Agreement.
16. Existing Legal Nonconformities. The parties acknowledge that certain
existing improvements on Owner's Property are nonconforming w ith respect to the
Wheat Ridge Code of Laws and the existing Mixed Use zone district applicable to that
property. These nonconformities include : (i) current surface parking design; (ii)
current surface parking screening; and (iii) current bicycle parking . The City agrees
that these conditions are legal nonconformities which are permitted to remain without
change under the Wheat Ridge Code of Laws until such time as Owner's Property is
redeveloped in a manner requiring change in these conditions . Owner's conveyance of
the Property will not increase the degree of such legal nonconformities .
17 . Costs of Document Preparation; Legal Fees . The City agrees to
prepare, and pay the cost of preparing, all documentation required to effect the transfer
of the Vance Street Parcel , the 44th Avenue Parcel, and all of the other obligations of
the City as contained herein . Notwithstanding the foregoing , the parties agree to each
be solely and exclusively responsible for any and all legal fees and costs of consultants
retained by each of them .
18. Assignment. This Agreement shall be binding and effective on and inure
to the benefit of the successors and assigns of the parties hereto . Any assignment
hereof shall be in writing and shall require the prior written consent of both parties ;
provided , however, that the City may assign any of its rights or obligations hereunder to
the URA without any such prior written consent.
19 . Attorney Fees . In the event that a lawsuit is brought to enforce or
interpret all or any portion of this Agreement, the prevailing party in such suit shall be
entitled to recover, in addition to any other relief available to such party, reasonable
costs and expenses, including , without limitation, reasonable attorney fees incurred in
connection with such suit.
20 . Remedies . In the event of any breach or default under this Agreement
by the City at or prior to Closing, Owner shall be entitled to terminate this Agreement
and to receive a copy of the Improvement Survey Plat referenced at Paragraph 11 , to
the extent such plat is in existence at the time of default. In the event of any breach or
default by Owner at or prior to Closing , the City may elect to treat this Agreement as
terminated , or the City may elect to treat this Agreement as being in full force and effect
-6-
and may seek specific performance from a court of competent jurisdiction .
21 . Obligations to Survive Closing . The obligations of Paragraphs 9 , 10,
11, 12 , 13, 14, 15, 16, 17, 18, 19, 20 , 21 , 22,23 and 24 herein shall survive Closing.
22 . Notices. All notices provided for herein shall be in writing and shall be
deemed given to a party when a copy thereof, addressed to such party as provided
herein, is actually delivered, by personal delivery, by commercial courier or by
successful facsimile transmission, at the address of such party as provided below.
If to City: Economic Dev~lopment Director
City of Wheat Ridge
7500 W . 29th Avenue
Wheat Ridge, Colorado 80033
Fax: 303-235-2857
If to Owner: Enayatallah Boroumand
c/o Larry Ackerman
Commercial West Real Estate
1767 -A Denver West Boulevard
Golden, CO 80401
Fax: 303-423-0717
23 . Counterparts: Execution. This Agreement may be executed in
counterparts and, when such counterparts have been executed and delivered by both of
the parties hereto, this Agreement shall be fully binding and effective , just as if both of
the parties hereto had executed and delivered a single counterpart hereof. Without
limiting the manner in which execution of this Agreement may otherwise be effected
hereunder, execution by either party may be effected by facsimile transmission of a
signature page hereof executed by such party. If either party effects execution in such
manner, such party shall also promptly deliver to the other party the counterpart
physically signed by such party , but the failure of such party to do so shall not invalidate
the execution hereof effected by facsimile transmission.
24. Entire Agreement. This Agreement contains the entire understanding
and agreement between the parties with respect to the subject matter hereof and
supersedes all prior commitments, understandings , warranties, and negotiations , all of
which are by the execution hereof rendered null and void . No amendment or
modification of this Agreement shall be made or deemed to have been made unless in
writing, executed by the party or parties to be bound thereby.
-7-
STATE OF _____ _
COUNTY OF _____ _
)
) ss
)
OWNER:
ENAYATALLAH BOROUMAND
ENAYATALLAH BOROUMAND, AS
TRUSTEE FOR THE 1980 AGB TRUST
The foregoing Agreement was acknowledged before me this day of
August, 2011 , by Enayatallah Boroumand , individually and Enayatallah Boroumand , as
Trustee for the 1980 AGB Trust.
My commission expires: _________ _
SEAL]
Notary Public
CITY OF WHEAT RIDGE, COLORDO:
By: ___________ _
Patrick Goff, City Manager
STATE OF COLORADO )
)ss:
COUNTY OF JEFFERSON _)
The foregoing Agreement was acknowledged before me this __ day of August, 2011 ,
by Patrick Goff as City Manager of the City of Wheat Ridge , Colorado .
My commission expires: __________ _
[SEAL]
Notary Public
-8-
EXHIBIT A
LEGAL DESCRIPTION OF 44th Avenue Parcel
[two pages, attached]
-9-
EXHIBIT "A"
LEGAL DESCRIPTION:
A tract of lond being a portion of Lot 4, Time Square Subdivision in the City of Wheotr idge,
Jefferson County. Colorado as record under Reception No. 82081495 of the records of said
County and is located in a portion of the East half of the Northwest quarter of the
Northwest quarter of the Southeast quarter (E1 12 NW1 I 4 NW1 I 4 SE1 /4) of Section 23,
Township 3 South, Range 69 West of the 6th P.M., Jefferson County, Colorado, being more
particularly described as follows:
BEGINNING at the Northwest corner of said Lot 4;
thence N89'41'34"E on the South right-of-way line of 44th Avenue, a distance of 290.99
feet;
thence S00'11'59"E a distance of 14.00 feet to a point fourteen ( 14.00) feet South of said
South right-of-way line as measured perpendicular thereto;
thence S89' 41'34"W parallel to said South right-of-way line, a distance of 290.99 feet to
the West line of said lot 4;
thence N00'11'00"W on said West line, a distance of 14.00 feet to the POINT OF BEGINNING
and containing 0.094 acre or 4,074 square feet of land, more or less .
Prepared by:
John L. Bailey PLS # 19586
for and on behalf of
Weston Solutions, Inc .
August 25, 2011
355 S. Teller St.
Suite 300
Lakewood, CO 80226
(303) 729-6100
WHEAT RIDGE PROPERTY -PAHOA KING
WHEAT RIDGE, COLORADO, 80033
SUBJECT PROPERTY LEGAL DESCRIPTION
Page 1 of 2
EXHIBIT
A
FILE: 14761EXJ r -nm 07 .DWG
EXHIBIT "A"
____ l _________________ ll
WEST 44TH AVENUE ------------------_l ______ _
N00.1J'OO"W~ ,-P.O.B. ~ ~ !11'59"E 14·00 ( o_ N89.41'34"E 290.99' J 14.00'
F ,.i_ ---.-L.--1 l----~~ __ ""!!).-S89.41'M~ 290.9191 -1 --I
/AREA = 0.094 ACRE± g I I OR 4,07 4 SQ. FT. 3' SLOPE EASEMENT
I LOT 4 I
TIME SQUARE SUBD IVISION I I RECEPTION NO. 82081495
60' 0 60' 120'
----------"----------~----1 SCALE: 1 "=60'-0"
355 S. Teller St.
Suite 300
Lakewood, CO 80226
(303) 729-6100
WHEAT RIDGE PROPERTY -PANDA KING
WHEAT RIDGE, COLORADO, 80033
SUBJECT PROPERTY LEGAL DESCRIPTION
I
Poge 2 of 2
EXHIBIT
A
FILE : 1 4 76 t EX3 r -nm 07 .owe
EXHIBIT 8
LEGAL DESCRIPTION OF Vance Street Parcel
[two pages, attached]
-10-
EXHIBIT "8"
LEGAL DESCRIPTION:
A tract of land being a portion of Lot 3 and Lot 4, Time Square Subdivision in the City of
Wheat Ridge, Jefferson County, Colorado as recorded under Reception No . 82081495 of the
records of said County and is located in a portion of the East half of the Northwest quarter
of the Northwest quarter of the Southeast quarter (E1 12 NW1 I 4 NW 1 I 4 SE 1 I 4) of Section
23, Township 3 South, Range 69 West of the 6th P.M., Jefferson County, Colorado, being
more particularly described as follows:
BEGINNING at the Northeast corner of said Lot 4;
thence S00'11'59"E on the East line of said Lot 4 and the East line of said Lot 3, a
distance of 197.82 feet to the adjusted lot line as recorded under Reception No. F04601 02
of the records of said Jefferson County;
thence S89' 41'34"W on said adjusted lot line , a distance of 37 .50 feet to a point
thirty-seven and one-half (37.50) feet West of said East line as measured perpendicular
thereto;
thence N00'11'59"W parollel ·to said East line, a distance of 197 .82 feet to the North line of
said Lot 4;
thence N89'41'34"E on the South right -of-way line of 44th Avenue, a distance of 37.50 feet
to the POINT OF BEGINNING and containing 0.170 acre or 7.418 square feet of land, more
or less.
Prepared by:
John L. Bailey PLS # 19586
for and on behalf of
Weston Solutions, Inc.
August 25, 2011
355 S. Teller St.
Suite JOO
Lakewood, CO 80226
(303) 729-6100
PANDA KING
WHEAT RIDGE, COLORADO, 80033
SUBJECT PROPERTY LEGAL DESCRIPTION
Page 1 of 2
EXHIBIT
8
FIL E: 14761EX4 r -nm 07.DWG
EX HIB IT "8"
. -----------_I_L---_l_ _l_----
WEST 44TH AVENUE --------------,.------------------~
00 g; _________ (_
: V AREA = 0.170 ACRE±
I ~.. OR 7,418 SQ. FT.
LOT 4
TI ME SQUARE SU BDIVISION
RECEPT ION NO. 82081495
~I I~ ,....I
0)1 0) ~I t0
;ill ·~~
·------, ::I ~
4' SLOPE ~~~"!!__ _ _ ~,I __ -:~
LOT3 ~
TIME SQUARE SUBDIVISION II
RECEPTION NO . 8208 1495 I
I
LOT LINE ADJUSTMENT I --~CEPTION NO. F0460102--~-J~·
S89"41 '34"W
37.50' I
LOT 3
TIME SQUARE SUBD NI SION
RECEPTION NO. 82081 495
60' 0 ...--
I
I
I
I
I
60'
I
SC ALE: 1"=60'~0"
Wl/2 NE1/4 NW1/4 SE1 /4
SECTION 23, T. 3 S., R. 69 W.
RECEPTION NO . 82081495
120'
I
Poge 2 of 2
PANDA KING J55 S. Tener Sl
Suite JOO
Lakewood, CO 80226
(JOJ) 729-6 100
WHEAT RIDGE, COLORADO, 80033
EXHIBIT
8
SUBJECT PROPERTY LEGAL DESCRIPTIO N
FILE: 147 61 EX4 r -nm 07.DWG
EXHIBIT C
DEMOLITION AND RECONSTRUCTION
OF VANCE STREET AND 44TH AVENUE
[attached]
-11-
4 0' 0 4 0' -----SCA LE: 1 '=40'-0'
80 '
I
I
J
J
l
L
f 1
W. 44TH AVE.
(R.O.W. VARIES)
\
~EXIsnNC
SIOEWAI.J(
_EXISTING PROPERTY BOUNDARY _
EXISTING OVERHEAD
ELECTRIC
_.....-EXISTING CURB EX!STlM: TREES ~--1-(r(P) ----4.
\ EXl5!1NG ~RB
------t
~y ....... , ,., .... Dnl <" __,/ ~1.----4-
, 1 EXJsnNC CURd
ENDS EXIsnNC WATER _
LINE '-.
EXISTING PANDA I<INC
RESTAURANT
I
---+-+EX!snNC CURB
--+-t-EX!STlNC GAS UN£
I
I
~~RouND
EXIsnNG 41 " RCP
STORI.I DRAIN
TO WN CENTER NORTH
PAN DA KING -EXISTING SITE EXHIBIT
8 /1 8 /11
40' 0 40' -----SCALE: 1'=40'-0'
~,
I
{
(
= = =---= :==::::::-: ;-:))
"=PROPOSED CURB W. +41li AVE.
I
(EXTENDED t.IEDIAN ) (R.O.W. VARIES)
\
F<EVISED BOUNDARY
HO lt.IPACT TO EXISTlNG SIGN
14' ADOIT1ClHAl RIGHT Of WAyPROPOSED UGiffi>
FOR W. +41li AVE, (ft'P)
L
--EXISTlNC CONTOURS
I l .. ..
PROPOSEO GAS AHO El£CRIC UNE
TREHCHED TOGrniER
ASPHALT ORf\IEWAY ENTRANCE 10 BE
L EX1Sl1NG PROPERlY BOLitiOARY COHSTRUCTED fOR PAHOA KING ~ESS
PRIOR TO FINAL DEVElOPioiEHT Of LOT J
r---~---,~~~--~
r------------~------------------------
11 \s· lJTlUTY AND DRAINAGE 30' ACCESS EASEioiENT
I EASEMENT
~------------------------------------
TOWN CENTER NORTH
PANDA KING -PROPOSED SITE
8/18/11
' • 4 ... ~ City of
__?WheatRi_dge
lTEMNO: 7
DATE : September 12~
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 28-2012 - A RESOLUTION AMENDING
THE FISCAL YEAR 2011 POLICE INVESTIGATIONS
SEIZURE FUND BUDGET TO REFLECT THE APPROVAL
OF A SUPPLEMENTAL BUDGET APPROPRIATION IN
THE AMOUNT OF $9,250 FOR THE ADDITION OF
SUPPLEMENTAL CABINETRY FOR THE POLICE
TRAINING ROOM
0 PUBLIC HEARING
D BIDS/MOTIONS
IZJ RESOLUTIONS
D ORDINANCES FOR 1ST READING
0 ORDINANCES FOR 2N° READING
QUASI-JUDICIAL: D YES
c~ City Manager
ISSUE:
In addition to training programs, the Police Training Room is used as a local Emergency
Operations Center (EOC) and a me~ting and program venue for other City departments. The
remodeling of this room and the updating of the audio visual system has been identified as a
priority for the Police Department. ln order for the functionality of this room to be maximized,
additional cabinetry will be required .
PRIOR ACTION:
The Police Seizure Board has authorized funds from the Police Investigation Fund to be used to
purchase and install additional cabinetry.
FINANCIAL IMPACT:
The requested amount of $9,250 is from Fund 17, the Police Investigations Fund and no General
Fund dollars will be utilized.
Resolution Amending the Police Investigation Fund
September 12, 2011
Page2
BACKGROUND:
The remodel and update of the Police Training Room is divided into three phases. One phase of
the project is additional cabinetry to store the audio visual equipment and EOC equipment, as
well as the items used for presentations and police training. The Police Seizure Board has
approved the use of seizure funds to cover the $9,250 cost.
Other phases include new tables and chairs designed to maximize the flexibility and functionality
of the room as a training and program presentation environment. The Police Seizure Board
approved the use of$13,706 for. thi s purpose and that money had been budgeted in the Police
Investigations Building Improvements Fund for 2011. In addition, the Department will update
the audio visual components of the room to maximize the training potential, as well as the
Emergency Operations Center function ofthe room. The Jefferson County Emergency
Communications Authority Board has approved a grant for $45,000 for this purpose.
RECOMMENDATIONS:
Staff recommends that City Council approve the supplemental budget request. Staff further
recommends that $9,250 be transferred from the Police Investigations Fund 17-580-00-589, to
the Police Investigations Building Improvement Fund, 17-202-800-812.
RECOMMENDED MOTION:
"I move to approve Resolution No. 28-2011, a resolution amending the F iscal Year 2011 Police
Investigations Seizure Fund Budget to reflect the approval of a supplemental budget
appropriation in the amount of $9,250 for the purchase and installation of additional cabinetry."
Or,
"I move to postpone indefinitely Resolution No. 28-2011, a resolution amending the Fiscal Year
2011 Police Investigations Seiz ure Fund Budget to reflect the approval of a supplemental budget
appropriation in the amount of $9,250 for the purchase and installation of additional cabinetry
for the following reason(s) "
REPORT PREPARED/REVIEWED BY:
Dave Pickett, Lieutenant
ATTACHMENTS:
1. Resolution No. 28-2011
2. Seizure Fund Board Approval
3. Metro Contracting pricing bid
TITLE:
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 28
Series of 2011
A RESOLUTION AMENDING THE FISCAL YEAR 2011
POLICE INVESTIGATIONS SEIZURE FUND BUDGET TO
REFLECT THE APPROVAL OF A SUPPLEMENTAL
BUDGET APPROPRIATION IN THE AMOUNT OF $9,250
FOR THE ADDITION OF SUPPLEMENTAL CABINETRY
FOR THE POLICE TRAINING ROOM
WHEREAS, the City Council recognizes the importance of having a professional
and functional training environment and Emergency Operations Center; and
WHEREAS, the use of the Police Investigations Fund can only be used for law
enforcement purposes; and
WHEREAS, the Seizure Board has approved the use of Police Investigations
Funds for the purchase of additional cabinetry for the Police Training Room; and
WHEREAS, the Wheat Ridge Charter requires that amendments to the budget
be effected by the City Council adopting a Resolution .
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Wheat Ridge, Colorado, as follows:
A. The City Council authorizes the use of the Police Investigations Fund for
the additional cabinetry for the Police Training Room .
B. The City Council authorizes the transfer of $9 ,250 from the Police
Investigations Fund undesignated reserves to account 17-202-800-812
and amendment of the 2011 fiscal year budget accordingly.
DONE AND RESOLVED this 121h day of September, 2011 .
Jerry DiTullio , Mayor
ATTEST:
Michael D . Snow, City Clerk
Attachment 1
TO:
FROM:
DATE:
SUBJECT:
Memorandum
Daniel Brennan, Chief of Police
Dave Pickett, Lieutenant
Investigations Bureau
June 20,2011
Police Training Room C abinetry
The updating a nd remode lin g or the Po li ce Tra inin g Room has been id e ntifi ed as a priority for
th e Poli ce Dcpatim e nl. The lir s t phase of thi s project in,·o lvcd upd a tin g th e tables all(i c hai rs.
The Seiz ure Boa rd a ppro ved fundin g that po rtion ol'thc proj ect. The seco nd phase is th e
additi o n of more s tora ge s pace to a ll ow th e room to remain nea l and c lea n even thuu g h a lar ge
number of it e m s used for trai ning , EOC a nd presentati ons mu s t be s tored th ere.
A bid process \\'as cl one a nd a ve nd or \Vas c hosen who co uld pro v id e th e ne w cab in e t ry to mat c h
th e ex is tin g s torage. Som e of th e ex is tin g cab in e ts wi ll be moved to tak e advant age o f so me
unu sed s pa ce . Th e cab in e ts a rc d es ig ned to sto re all trainin g mat erial s includin g la rge it em s lik e
m a ps a nd ease ls . The y wi ll be \\'ire d to s to re th e audio ,·isu a l equ ipment th at is being requ es ted
in th e 20 12 bud ge t a nd \\'ill be the thir d a nd final ph ase or thi s project.
The t ot a l cost for nw ' ing th e existing cahinctr) a ncl in s ta ll ing additi o n a l mat ching ca bin e tr y is
$10,500. Thi s in c ludes a I 0 ° o con tingency requ es ted by purc ha s ing beca use thi s is a
co n ~tru c ti o n proj ect. I res pec tfull y req uest that yo u. alo ng wit h Cou nc il Me mber S ti te s a nd
Di s tri c t At to rn ey S ture: app ro' e th e usc (1 1' Fund 17 f(l rl ci turc mo ney for thi s proj ect.
A PPR OVE D
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Traimrf$ Rnom Cabinelly
August 3. 20 11
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Mtkc Stites
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Scoll St·orey
P1rst Judicio! District Atromcy
Metro
Contracting
Services
500 The res a Dri ve
B o uld e r. C O XOJ O_)
Project 1&2 pricing
Project one:
Cabinet Relocation and New Installation :
City of Wheat Ridge:
On-Call Building Remodel
Projects Under $50,000
Metro contracting will relocated existing cabinets to the other side of the east wall in the Police
Training Room. There will be an additional full he ight cabinet and a bank of shelves installed on the
north end of the existing cabinets. All power and cable outlets will be moved to the appropriate
location to be of good practical use with the new ca binet configuration.
A new bank of cabinets will be installed in the current location of the existing cab inets. The left
side will have full height cabinets with doors that will open and slide back into the cabinet. There will be
the proper shelf set up for media and two(2) 4 plex boxes in the ba ck of the cabinet for cab l e and power
hook-ups . The other cabinets to fill out the space will be of standard design and set up with two lower
and mid slide out shelves.
All the Cabinets and counter tops will match exiting co lor and design .
Cost: $9,250.00
Project two:
Demolition of wall and applicable repairs
An "L" Shaped wall in an office space will be removed . All Electrical will be places in
boxes and set in the drop ceiling. The light switch on the eas t side will be relocated to th e opposite wall.
The drop ceiling will be repaired as well as some drywall areas that tied into the wall to be removed.
The work will be completed at night or weekends. Metro will be responsible for all removal and disposa l
of Debris. The city will supply the carpet as well as paint color.
Cost: $4,850.00
Attachment 3
303/543 -9549 Fax: 303/554-1270