HomeMy WebLinkAboutCouncil Packet 09/26/20116:30 p.m. Pre-Meeting
CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
September 26, 2011
7:00p.m.
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the City of Wheat Ridge. Call Heather Geyer, Public Information Officer, at 303-235-2826 at
least one week in advance of a meeting if you are interested in participating and need inclusion
assistance.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS
APPROVAL OF MINUTES OF September 12, 2011
PROCLAMATIONS AND CEREMONIES
Walk to School Day-October 5, 2011
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 .
APPROVALOFAGENDA
ORDINANCES ON FIRST READING
.L Council Bill 29-2011-amending Chapters 5 and 26 of the Wheat Ridge Code of Laws
concerning General Code Revisions and clarification related to Buildings , Development
and Improvements and required submission and permits for the same.
~ Council Bill 30-2011 -approving the transfer of ownership of Ye Olde Firehouse located
at 3232 Depew Street, Wheat Ridge , Colorado, to the Seniors' Resource Center, Inc.,
3227 Chase Street, Wheat Ridge CO
CITY COUNCIL AGENDA: September 26 , 2011 Page -2-
3. Council Bill 28-2011-amending the Wheat Ridge Code of Laws Chapter 18
renumbering Article II as Article I and enacting a new Article II , concerning funding for
Public Art
DECISIONS, RESOLUTIONS, AND MOTIONS
4 . Public Hearing on the 2012 Proposed Budget
~ Resolution 30-2011 -approving a 3-Lot Minor Subdivision Plat with Right-Of-Way
dedication on property zoned MU-C located at 7340 W . 441h Ave . (Case No . MS-11-02)
§. Motion to approve payment to ESRIInc. in the amount of $35 ,750 for the annual license
renewal for the Graphical Information Systems
7 . Resolution 31 -2011 -amending the Fiscal year 2011 General Fund Budget to reflect
the approval of a Supplemental Budget Appropriation of $1 ,000 for the purchase and
installation of a Bus Stop Bench on the South Side of 32"d and Lamar Street in Wheat
Ridge
!L Motion to approve the Annual Police Radio System Contract payment to the West Metro
Fire Protection District in the amount of $73,181 for Police Radio System Services
~ Resolution 33-2011 -approving the First Amendment to an Intergovernmental
Agreement dated May 25 , 2011 between Jefferson County and the City of Wheat Ridge ,
Colorado concerning Community Development Block Grant Programs
CITY MANAGER'S MATTERS
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MATTERS
ADJOURNMENT
CITY OF WHEAT RIDGE, COLORADO
September 12.2011
Mayor DiTullio called the Regular City Council Meeting to order at 7 :00 p .m . Council
Members present: Karen Adams , 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; Community
Development Director, Kenneth Johnstone; Chief of Police , Dan Brennan ; City Attorney,
Gerald Dahl ; staff and interested citizens .
Council Member Karen Berry was absent.
APPROVAL OF MINUTES OF August 22, 2011
Motion by Mr. Stites for approval of the Minutes of August 22 , 2011 ; seconded by Mr.
Reinhart; carried 7-0 .
PROCLAMATIONS AND CEREMONIES
Mayor's Presentation to Jefferson Center for Mental Health
Mayor DiTullio received a check from Tom Currigan , Director of Community and
Local Government Relations for Kaiser Permanente and Creigh Kelley, Race
Director of the Colfax Marathon. This was because the City of Wheat Ridge 's
running team finished the event in the top ten.
Mayor DiTullio then donated the winnings to Jeanne Oliver on behalf of the
Jefferson Center for Mental Health.
CITIZENS' RIGHT TO SPEAK
Tracy Guildner spoke on behalf of her campaign for the District IV City Council seat.
Ms. Guildner currently serves on the Planning Commission and is a fourth generation
Wheat Ridge citizen . She is committed to not oppose ideas based on who holds them
and she feels elected officials should listen to each other and not just talk to each other.
Call Ms. Guildner at 720-297-0123 should you want to speak with her.
Autumn Ehrhardt spoke on behalf of the Wheat Ridge High School Theater fall play .
This year is they are performing Louis Carrole's "Alice In Wonderland ". Ms. Ehrhardt
welcomes all members of the community to come see the play. The community can also
support the Theater Group by advertising in the program and attending a show. Shows
are December 1st, 2"d, and 3rd and the tickets cost $9 per seat.
City Council Minutes September 12, 2011 Page 2
Dick Matthews spoke on behalf of the USA Pro-Cycling Challenge by contending that
Wheat Ridge was not showcased well enough for such a big event. Mr. Matthews feels
that should the event come through Wheat Ridge again next year that the City should
take advantage of the opportunity with banners, signs, and events may be planned .
Monica Duran announced her candidacy for District I City Council and asked voters for
their support. She promises a commitment to the citizen 's interests and to bring forward
fresh ideas.
Maureen Keller announced she is running for City Clerk. Ms . Keller retired after 30
years as a journalist and managing editor for a newspaper in San Diego . She asked for
support from the public by voting for her.
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
.L 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).
Mayor DiTullio opened the public hearing .
Council Bill 25-2011 was introduced on second reading by Mr. Reinhart. City Clerk
Michael Snow assigned Ordinance No. 1499.
Mr. Johnstone provided the staff report (amended to this packet)
David Myers and Dr. Barry Marlin with Metro Community Providers Network (MCPN),
spoke on behalf of the applicant. MCPN currently serves 7-8% of the Wheat Ridge
community even though they do not have a presence in the City. They are excited to
build a new facility that serves those residents even better. The campus will house
family medicine, dentists, and senior care services. Mr. Myers hopes to show they are a
good neighbor that is sensitive to the needs of the community, city and the citizens .
Stacy Root project architect, shared additional details of the site's design . Their goal is
to illuminate the park-like design with intent to preserve three of the very mature trees
on the site. The building will be placed close to the street setbacks in order to minimize
the proximity to the residential neighbors to the east and north . Fencing will be provided
along the east boundary of the property , as requested by the neighbors, to shield their
homes from interference from the site .
Ted Heyd spoke on behalf of LiveWell Wheat Ridge, first thanking MCPN for their
efforts to collaborate with members of the community to design a beneficial project. In
support of the project, Live Well Wheat Ridge serves as an important safety net to some
members of the community that otherwise struggle to attain needed medical services.
Mr. Heyd also believes the new medical development would bring needed jobs to the
City and would also offer an aesthetic improvement to the site .
City Council Minutes September 12 , 2011 Page 3
Louise Canjar was unable to attend the July Planning Commission hearing and
thanked the Commiss ion and staff for removing the road access to 301h Avenue and
Webster Streets .
The MCPN representatives answered citizen and Council questions , indicating that a
fence was not to be built along the north boundary of the site . Also , because the site is
being funded partly through Federal funds , this assures that the s ite cannot be vacated
at any time in the near future . Last, MCPN is pursuing Gold LEED standards , which
adhere to high sustainability standards in its building .
Mayor DiTullio closed the public hearing.
Motion by Mr. Re i nhart to approve Council Bill 25-2011 (Ordinance 1499) on second
reading and that that if take effect 15 days after final publication ; with the following
condition :
1 . The applicant continues working with the Public Works Department to resolve
drainage design on the site.
Seconded by Mr. DeMott and Mrs . Sang ; carried 7-0 .
Mayor DiTullio called for a five minute break at 7:46pm ., reconvening at 7 :51pm .
2. Council Bill 24-2011 -concerning appeals from decisions of the Director of
Public Works .
Mayor DiTullio continued the public hearing .
Council Bill 24-2011 was introduced on second reading by Mr. Reinhart. City Clerk
Michael Snow previously assigned Ordinance No . 1497 .
Mr. Dahl stated that the particular decisions that can be taken to the Board of
Adjustment must follow final approval of a project by the Planning Commission and City
Council.
No citizens were present to speak on the item .
Mayor DiTullio closed the public hearing .
Motion by Mr. Reinhart to approve Council Bill 24-2011 (Ordinance 1497) on second
reading and that that if take effect 15 days after final publication; second by Mrs .
Adams; carried 7-0.
3 . Council Bill 27-2011 -amending the Wheat Ridge Code of Laws concerning
Annexation of Real Property to the City.
City Council Minutes September 12, 2011 Page4
Mayor DiTullio opened the public hearing.
Council Bill 27-2011 was introduced on second read ing by Mrs . Jay. City Clerk
Michael Snow assigned Ordinance No . 1500 .
No staff report was given .
No citizens were present to speak on the item.
Mayor DiTullio closed the public hearing .
Motion by Mrs . Jay to approve Council Bill 27-2011 (Ordinance 1500) on second
reading and that that if take effect 15 days after final publication ; second by Mrs. Sang ;
carried 7-0.
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.
Resolution 27-2011 was introduced by Mr. DeMott.
Per Mr. Dahl this Resolution was noticed as a Public Hearing because this is how these
types of Resolutions have always been handled in the past.
Mayor DiTullio opened the public hearing .
No staff report was given .
No citizens were present to speak on the item.
Mayor DiTullio closed the public hearing .
Motion by Mr. DeMott to approve Resolution 27-2011 ; seconded by Mrs. Langworthy;
carried 7-0.
5. Motion to approve payment to Insight Public Sector in the amount of $51 ,618.51
for the Annual Renewal of the Microsoft Enterprise Agreement.
Motion by Mr. Stites approve payment to Insight Public Sector in the amount of
$51 ,618.51 for the Annual Renewal of the Microsoft Enterprise Agreement; seconded
by Mr. Reinhart; carried 7-0 .
City Council Minutes September 12 , 2011 Page 5
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.
Resolution 29-2011 was introduced by Mrs. Sang .
Motion by Mrs. Sang to approve Resolution 29-2011 , in a form approved by the City
Attorney, in an amount of $42 , 221 ; seconded by Mr. Reinhart; carried 7-0 .
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 Police Training Room.
Resolution 28-2011 was introduced by Mr. Stites .
Motion by Mr. Stites to approve Resolution 28-2011 ; seconded by Mr. Reinhart; carried
7-0.
CITY MANAGER'S MATTERS
Mr. Goff stated that the 2012 Proposed Budget is completed and available for review on
the city website at www.ci.wheatridge .co.us . The Public Hearing for the budget before
City Council is slated for September 26 , 2011 with adoption scheduled for October 10,
2011.
Mr. Goff would also like to thank Weston Solutions who is the master developer for the
Urban Renewal project at 441h Avenue and Wadsworth Boulevard . They were in town
last Friday for a "giving back" event to the community. They were at the Fruitdale School
that the Wheat Ridge Housing Authority purchased last spring and helped clean up the
school to get it ready for the future.
ELECTED OFFICIALS' MATTERS
City Clerk Michael Snow: all mail-ballot election , all registered Active and Inactive voters
will be sent a ballot. Also please attend the upcoming Election Forum on September
29, 2011, 7 :00pm at City Hall , or citizens may watch live on Government Access
ChannelS.
Mrs. Jay stated that the Wheat Ridge 2020 sponsored mid-century and modern home
tour is coming up on September 24, 2011 .
Mr. DeMott told the story of the annual blue vs . gray softball game at this year's
Carnation Festival where off-duty Wheat Ridge Police officers play the Silver Foxes
City Council Minutes September 12, 2011 Pag e 6
Softball team and apparently they didn 't finish the game. It turns out this was because
there was a missing child in Wheat Ridge and the off-duty officers left the game to go
search for the child . A special thanks from Mr. DeMott to all the members of the very
dedicated department.
Mrs. Adams reminded the citizens that this weekend is the annual Farmer's 5000 5K
run where the proceeds fund various Wheat Ridge High School programs. Mrs . Adams
encouraged all to participate and support our high school.
Mr. Reinhart commended our Police and those community service officers who served
and perished in the events of 9/11/2001 .
Mayor DiTullio listed the candidates that are running for City offices this November.
Information may be found on our website regarding district boundaries and the
candidates.
Mayor DiTullio echoed the sentiments from Council Members DeMott and Reinhart
regarding our police department. Wheat Ridge Police Department attained National
Accreditation which makes them part of only 1 0% of police departments nationwide to
earn this distinction .
Meeting Adjourned at 8:16pm
Michael Snow, City Clerk
APPROVED BY CITY COUNCIL ON September 26 , 2011 BY A VOTE OF __ to __
Tracy Langworthy , Mayor pro tern
The preceding Minutes were prepared according to §47 of Robert's Rules of Order, i.e .
they co ntain a record of what was _done at the meeting , not what was said by the
members . Recordings and DVD 's of the meetings are available for listening or viewing
in the City Clerk's Office , as well as copies of Ordinances and Resolutions .
... 4 " ~ r City of
JP'WheatRi_dge
ITEMNO: .i.
DATE: September 26, 2011
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 29-2011 AN ORDINANCE
AMENDING CHAPTERS 5 AND 26 OF THE WHEAT RIDGE
CODE OF LAWS CONCERNING GENERAL CODE
REVISIONS AND CLARIFICATION RELATED TO
BUILDINGS, DEVELOPMENT AND IMPROVEMENTS AND
REQUIRED SUBMISSION AND PERMITS FOR THE SAME
D PUBLIC HEARING
D BIDS/MOTIONS
D RESOLUTIONS
IZ! ORDINANCES FOR 1sT READING (9/26/2011)
0 ORDINANCES FOR 2ND READING (10/10/2011)
~~: DYEs ~~' ~
Director of Public Works City Manager
ISSUE:
Existing ordinances require construction of public improvements adjacent to properties where
new buildings are being constructed and where significant additions are being added to existing
buildings. Construction of public improvements is also required on new and adjacent existing
streets when property is subdivided._ The proposed ordinance would reduce those requirements
m many cases.
Existing ordinances require grading permits when more than 50 cubic yards of dirt is excavated
or imported. The proposed ordinance would greatly reduce required grading permits.
Chapter 26 is not current relative to the City's adopted survey and GIS standards.
PRIOR ACTION:
Council discussed these issues in a Study Session on July 18 , 2011. The attached ordinance is the
product of that meeting. The proposed ordinance was reviewed by the Planning Commission on
September 1, 2011 and recommended to the City Council with two minor changes.
V :\Forms\CA Fte mplate
Council Action Form
September 26, 2011
Page2
FINANCIAL IMPACT:
None
BACKGROUND:
Curb, Gutter and Sidewalk Requirements
Section 5-45 of the City Code has historically been interpreted to require construction of public
improvements adjacent to properties where new buildings are being constructed and where
significant additions to existing buildings are being constructed. Section 26-412 requires that
public improvements be provided for all subdivisions.
The attached draft changes to Section 5-45 would limit the requirement for sidewalks to
pedestrian routes identified in the City Bicycle and Pedestrian Master Plan and on collector and
arterial streets identified in the City Streetscape Design Manual. Curbs, gutters and sidewalks
would only be required if such improvements exist within the block on which the subject
property fronts. The draft ordinance also would eliminate the currently required escrow of funds
when construction of public improvements is not practical. The estimated cost of the required
public improvements would , instead , be paid as a condition of approval to be used for
construction of public improvements in the City. The intent is to use the impact fees to fund
sidewalk, curb and gutter projects, such as provided by the previous "Missing Links Sidewalk
Construction Program."
The proposed changes to Section 26-412 would limit the requirement for construction of curbs,
gutters and sidewalks to new streets proposed with a subdivision and on adjacent existing streets
that are pedestrian routes identified in the City Bicycle and Pedestrian Master Plan or on
collector and arterial streets identified in the City Streetscape Design Manual.
Grading Permits
The existing City Code Section 26-623 requires grading permits when more than 50 cubic yards
of dirt is excavated or imported. Typically, projects that require grading permits also require
building permits . To develop a less restrictive development environment, Staff is suggesting that
a grading permit be required only when one acre or more of a property is disturbed and the
activity is not associated with a builcjing permit. Additional changes are recommended to assist
with compliance with the Stormwater Management Program. The permit bond insuring re-
vegetation of the site should also be increased to $20,000 to provide sufficient funding if City
involvement is necessary.
Technical Updates
Chapter 26 of the City Code should be amended to incorporate current requirements concerning
land use document submittals. The changes will provide the necessary documentation in
compliance with the City's adopted survey and GIS standards.
RECOMMENDATION:
Adopt the ordinance as attached .
Council Action Form
September 26, 2011
Page 3
RECOMMENDED MOTION:
"I move to approve Council Bill No. 29-2011, an ordinance amending Chapters 5 and 26 ofthe
Wheat Ridge Code of Laws concerning general Code revisions and clarification related to
buildings, development and improvements and required submission and permits for the same, on
first reading, order it published, public hearing set for October 10, 2011 , and that it take effect 15
days after fmal publication."
Or,
"I move to table indefmitely Council Bill No. 29-2011, an ordinance amending Chapters 5 and
26 of the Wheat Ridge Code of Laws concerning general Code revisions and clarification related
to buildings, development and improvements and required submission and permits for the same
for the following reason(s) "
PREP AREDIREVIEWED BY:
Gerald E. Dahl , City Attorney
Tim Paranto, Director of Public Works
ATTACHMENTS:
1. Ordinance No. 29-2011
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER __
Council Bill No. 29
Ordinance No. ----Series 2011
TITLE: AN ORDINANCE AMENDING CHAPTERS 5 AND 26 OF THE WHEAT
RIDGE CODE OF LAWS CONCERNING GENERAL CODE REVISIONS AND
CLARIFICATION RELATED TO BUILDINGS, DEVELOPMENT AND
IMPROVMENTS AND REQUIRED SUBMISSION AND PERMITS FOR THE
SAME
WHEREAS, the City of Wheat Ridge ("City") is a home rule municipality having
all powers conferred by Article XX of the Colorado Constitution and the City's home rule
charter ("Charter"); and
WHEREAS, pursuant to this power, the City Council has previously adopted
Chapters 5 and 26 of the City of Wheat Ridge Code of Laws ("Code") concerning
business licenses and taxes , respectively; and
WHEREAS, Chapter 5 controls buildings and building regulations in the City ; and
WHEREAS, Chapter 26 controls zoning and development in the City ; and
WHEREAS, the City Council finds it is in the best interest of the City to, from time
to time , update said Chapters to provide for greater ease of administration and to reflect
both the practical and new technology facing both the City and applicants for
development.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Chapter 5 , Section 5-45 of the Code is hereby amended (with appropriate
re -numbering and re-lettering) as follows :
-
Sec. 5-45. Public improvements required.
(a) Applications for building permits shall be reviewed by the department DIRECTOR
of pub lic works to determine whether the proposed construction will require the
installation or construction of public improvements including , but not limited to , street
paving , curbs , gutters, sidewalks, drainage facilities, or other public improvements as
may be required by THIS ordinance or the subdivision regulations .
(b) If it is determined by the department DIRECTOR of public works that any such
public improvements (INCLUDING, BUT NOT LIMITED TO , DRAINAGE , TRAFFIC,
STREET CONTINUITY, CURB , GUTIER AND SIDEWALK, RELOCATION OR
UNDERGROUNDING OF UTILITIES , STREET LIGHTING , OR ROADWAY
Attachment 1
CONSTRUCTION) are necessitated by the proposed construction based upon the
specific adverse effects created by the proposed construction , including , but not limited
to , drainage, traffic, street continuity , curb, gutter and sidewalk, relocation or
undergrounding of utilities, street lighting , roadway construction), the department
DIRECTOR of public works shall so inform the building official , and in such event a
condition shall be inserted in the building permit which shall require the construction of
such public improvement or public improvements by the property owner and the
dedication thereof to the city. All such improvements are to be constructed in full
compliance with the city's engineering division regulations, design standards and
construction specifications . The cost of any such improvements shall be borne by the
property owner, and the construction thereof shall be at the sole cost , risk and expense
of the property owner, subject to the provisions of any applicable city ordinance,
regulations or policies . Subject to the requirements of paragraph (c) below THIS
SECTION , failure to construct any such required public improvements shall entitle the
city to withhold any certificate of occupancy .
(c) SIDEWALKS SHALL ONLY BE REQUIRED ON STREETS IDENTIFIED AS
PEDESTRIAN ROUTES IN THE CITY OF WHEAT RIDGE BICYCLE AND
PEDESTRIAN MASTER PLAN AND ON COLLECTOR AND ARTERIAL STREETS AS
IDENTIFIED IN THE CITY OF WHEAT RIDGE STREETSCAPE DESIGN MANUAL.
If it is determined by the department of public works , after consideration of the factors
set forth below that such public improvements may be placed at a later date . An escrow
amount equalling one hundred ( 1 00) percent of the estimated cost of the required public
improvements shall be deposited 'Nith the city . The cost estimate 1Nill be prepared by the
engineering division, based upon current construction costs prior to issuance of a
building permit.
(1) The installation of curbs , gutters and sidmvalks and related roadway
impro\'ements may not be required where less than half of the properties on
the street extending five hundred (500) feet from the lot lines of the property
in question , on both sides of the fronting street, have in existence eurbs ,
gutters and side1Nalks .
(d) THE INSTALLATION OF CURBS , GUTIERS AND SIDEWALKS AND RELATED
ROADWAY IMPROVEMENTS SHALL ONLY BE REQUIRED IF SUCH
IMPROVEMENTS ARE PRE -EXISTING ADJACENT TO ANY PROPERTY ON EITHER
SIDE OF THE STREET BLOCK ON WHICH THE PROPERTY IS LOCATED.
t21
(e) No curbs , gutters and sidewalks shall be required for a remodeling of an existing
building.
f3t Installation of cu rbs , gutters and sidewalks would be impractical or
economically unfeasible or not in the best interest of the city at the time of
issuance of the certificate of occupancy .
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(f) In no event shall installation of curbs, gutters or sidewalks be required if the cost
of installation of such curbs , gutters, sidewalks and other improvements exceeds ten
(1 0) percent of the cost of the building permit value. In this case, an escrow in the
amount of ten (1 0) percent of the ¥alue of the building permit shall be deposited with the
city by the property O\\'ner prior to issuance of a building permit for the impro¥ements .
In addition, the installation of curbs, gutters and side•Nalks shall neither be required nor
allowed upon any street designated as an exempt local street in the city's
comprehensi¥e plan nor shall the department require an escrow for public
impro'lements.
(e) In any such e¥ent, a de¥elopment agreement shall be signed by the owner of the
property, pursuant to the subdi'lision regulations of the city, which de'lelopment
agreement shall remain in full force and effect for ten (1 0) years from the date of
execution by the property owner, unless sooner released of record by the city.
(g)~ If it is determined by the department DIRECTOR of public works, after
consideration of the factors set forth below that INSTALLATION OF such public
improvements WOULD BE IMPRACTICAL OR ECONOMICALLY UNFEASIBLE OR
NOT IN THE BEST INTEREST OF THE CITY AT THE TIME OF ISSUANCE OF THE
BUILDING PERMIT, THE ESTIMATED COST OF THE PUBLIC IMPROVEMENTS
SHALL BE PAID TO THE CITY AS CONDITION OF APPROVAL TO BE USED TO
CONSTRUCT PUBLIC IMPROVEMENTS IN AN AMOUNT AND LOCATION
ROUGHLY PROPORTIONAL TO THOSE IN LIEU OF WHICH THE PAYMENT IS
REQUIRED .. may be placed at a later date. An escrow amount equaling one hundred
(1 00) percent of the estimated cost of the required public impro•1ements shall be
deposited with the city. The cost estimate will be prepared by the engineering di'lision ,
based upon current construction costs prior to issuance of a building permit.
(h)ff) Any owner, contractor or developer who is aggrieved by a decision of the
department DIRECTOR of public works requiring installation of such public
improvements or escrowing PAYMENT of funds in lieu of construction shall have the
right to appeal the department's DIRECTOR'S determination to the board of adjustment
pursuant to section 2-61 of the city's Code of Laws .
Section 2. Chapter 26, Section 26-111 , Subsection D .1.m of the Code is hereby
amended as follows:
m . In addition to the information included on the site plan document, the following
supportive information may be required IN HARD COPY, IN ELECTRONIC FILE
FORMAT, OR BOTH :
(1) FINAL Drainage REPORT AND Pplan ;
(2) Elevations and perspective drawings;
(3) Traffic !impact Rreport;:-
(4) CIVIL CONSTRUCTION PLANS ;
(5) STORMWATER MANAGEMENT PLAN (SWMP);
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(6) STORMWATER OPERATIONS & MAINTENANCE MANUAL (0 & M
MANUAL).
Section 3. Chapter 26 , Section 26-308 , Subsection C .2 .p of the Code and
Subsection D .2 .a are hereby amended as follows:
p . METES AND BOUNDS bLegal description (metes and bounds) OF THE TOTAL
SITE INCLUDING AREA IN SQUARE FEET, WITH SECTION TIES ON THE
CURRENT CITY DATUM , IN CONFORMANCE WITH CITY GEODETIC
SURVEYING REQUIREMENTS . of total site , including area .
a . METES AND BOUNDS Lbegal description WITH SECTION TIES ON THE
CURRENT CITY DATUM, IN CONFORMANCE WITH CITY GEODETIC
SURVEYING REQUIREMENTS , of the entire planned development, and if the
final development plan is for only a portion of the site , a legal description of that
portion of the site included within the final development plan .
Section 4 . Chapter 26, Section 26-403 of the Code is hereby amended as follows:
City datum: Those three-dimensional coordinate values established during the 6Hy
monumentation program STATE PLANE COORDINATE CONVERSION PROGRAM for
all quarter corners, and SECTION CORNERS, AND PERMANENT HIGH ACCURACY
CONTROL (PHAC) POINTS within and adjacent to the City of Wheat Ridge .
GEODETIC SURVEYING: "GEODETIC SURVEYING" MEANS THE PERFORMANCE
OF SURVEYS IN WHICH MEASURE OR ACCOUNT IS TAKEN OF THE SHAPE,
SIZE , AND GRAVITATIONAL FORCES OF THE EARTH TO DETERMINE OR PRE-
DETERMINE THE HORIZONTAL OR VERTICAL POSITIONS OF POINTS,
MONUMENTS, OR STATIONS FOR USE IN THE PRACTICE OF PROFESSIONAL
LAND SURVEYING OR FOR STATING THE GEODETIC POSITION OF CONTROL
POINTS , MONUMENTS, OR STATIONS BY USING A COORDINATE SYSTEM OR
DERIVATIVE THEREOF RECOGNIZED BY THE NATIONAL GEODETIC SURVEY.
PHAC POINTS: PERMANENT HIGH ACCURACY CONTROL POINTS
ESTABLISHED DURING THE CITY OF WHEAT RIDGE STATE PLANE COORDINATE
CONVERSION PROGRAM BY AND FOR USE IN GLOBAL POSITIONING SURVEYS.
Section 5. Chapter 26 , Section 26-407 , Subsection C.1 is hereby amended as
follows :
1. Maps of the subdivision plat shall be drawn at not less than a scale of one (1)
inch equals one hundred (1 00) feet with the use of black, waterproof drawing ink and
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the outer dimensions of the map shall be twenty-four (24) inches by thirty-six (36)
inches with a margin of at least two (2) INCHES to be reserved along the narrow left
side of each drawing, A MARGIN OF AT LEAST ONE (1) INCH ALONG THE TOP
MARGIN, and a margin of at least one-half (%) inch shall be reserved around the
balance of the drawing .
Section 6 . Chapter 26 , Section 26-407 , Subsections D.2 , D.6 , D .8 and D.9 of the
Code are hereby amended as follows ; further , new Subsections D.17 and 18 are added:
2 . Accurate dimensions for all lines , angles , and curves used to describe
boundaries, streets, alleys, easements , areas to be reserved for public use, and other
important features. All curves shall be circular arcs and shall be defined by at least three
(3) of the following : the radius , central angle , tangent, ARC LENGTH , CHORD
LENGTH, AND CHORD BEARING. All dimensions, both linear and angular, are to be
determined by an accurate control survey in the field which must balance and close
within a limit of at least one (1) in fifty thousand (50 ,000). No final plat showing plus or
minus dimensions will be approved .
6. Total acreage and a surveyed METES AND BOUNDS legal description of the
area, with SECTION ties to two (2) section corners IN CONFORMANCE WITH CITY
GEODETIC SURVEYING REQUIREMENTS . Coordinates for all section corners, and,
QUARTER-SECTION CORNERS, AND PHAC POINTS used will SHALL be consistent
with the CURRENT City of Wheat Ridge Datum and are available from the public works
department.
8 . MONUMENTS :
i.A description of all monuments THAT MARK THE BOUNDARIES OF THE
PROPERTY, both found and set , and a description of all control monuments
used in conducting the survey.
ii.RIGHT-OF-WAY SURVEY MONUMENTS SHALL BE ESTABLISHED PER CITY
OF WHEAT RIDGE STANDARD SPECIFICATIONS FOR ALL NEW
ROADWAYS OR RELOCATION OF EXISTING ROADWAYS, AT ALL NEW
ROAD RIGHT-OF-WAY -CENTERLINE INTERSECTIONS, CENTER OF
RADIUS FOR CUL-DE -SACS, AND AT THE END OF THE CENTERLINE FOR
DEAD END STREETS. RIGHT-OF-WAY SURVEY MONUMENTS MAY ALSO
BE REQUIRED AT ROADWAY CENTERLINE POINTS OF CURVATURE,
POINTS OF REVERSE OR COMPOUND CURVATURE , AND POINTS OF
TANGENCY, AS DETERMINED BY THE DEPARTMENT OF PUBLIC WORKS .
iii.Coordinates for all control monuments used will SHALL be consistent with the
CURRENT City of Wheat Ridge datum .
9 . A statement by the land surveyor A COLORADO LICENSED PROFESSIONAL
LAND SURVEYOR that the survey was performed by him or under his direct
responsibility , supervision , and checking , and in accordance with all CITY OF WHEAT
-5 -
RIDGE REQUIREMENTS AND applicable Colorado Statutes , current revised edition, as
amended . THE PROFESSIONAL LAND SURVEYOR SHALL PROVIDE A
STATEMENT OF ACCURACY WHICH CERTIFIES THE ACCURACY AND
CONFORMANCE OF THE FINAL PLAT DOCUMENT TO ALL APPLICABLE STATE
LAWS AND REQUIREMENTS SET FORTH HEREIN.
17. ALL ITEMS ON THE CITY OF WHEAT RIDGE GEODETIC SURVEYING
REQUIREMENTS FOR FINAL PLATS SHALL BE ADHERED TO AND PROVIDED ON
THE PLAT.
18. THE PURPOSE, WIDTH , LENGTH , AND LOCATION OF ALL EASEMENTS
AND ALL ABUTTING EASEMENTS SHALL BE CLEARLY LABELED AND
IDENTIFIED. IF ANY EASEMENT ALREADY OF RECORD CANNOT BE DEFINITELY
LOCATED , A STATEMENT OF ITS EXISTENCE AND ITS RECORDED REFERENCE
SHALL APPEAR ON THE PLAT TITLE SHEET.
Section 7. Chapter 26 , Section 26-407, Subsections E.3 and E.13 of the Code are
hereby amended as follows; further , new Subsections E.18 and 19 are added :
3. Complete engineering plans and specifications SHALL BE SUBMITTED IN
HARDCOPY AND MAY BE REQUIRED IN AN ELECTRONIC FILE FORMAT
ACCEPTABLE TO THE CITY for all public facilities to be installed , i.e ., water and sewer
utilities , traffic control devices , traffic calming features, streets, street lights , street signs
and related public improvements , bridges , and storm drainage , including design
analysis when required .
13. A computer readable drawing OF THE FINAL PLAT SHALL BE SUBMITTED
may be required to be submitted on a floppy disk CD-ROM, DVD-ROM, OR OTHER
ELECTRONIC FILE FORMAT ACCEPTABLE TO THE CITY . The information shall be
ON THE CURRENT CITY OF WHEAT RIDGE DATUM IN CONFORMANCE WITH
CITY GEODETIC SURVEYING REQUIREMENT STANDARDS AS ESTABLISHED BY
THE PUBLIC WORKS DEPARTMENT, be compatible with the current Autocad release
CITY MAPPING SOFTWARE AND LAYERING STANDARDS , and include , but not
limited to, SECTION TIES, ties to a minimum of two (2) section (land) corners,
CONTROL MONUMENTS, exterior boundaries , interior lot lines, easements, rights-of-
way (existing and proposed), all to include bearings and distances.
18. A CLOSURE REPORT FROM THE PROFESSIONAL LAND SURVEYOR
CONTAINING THE CLOSURE CALCULATIONS AND ERROR OF CLOSURE WITH
AREA (ROUNDED TO THE NEAREST SQUARE FOOT) FOR THE SUBDIVISION
BOUNDARY.
-6-
19 . A COPY OF THE CITY GEODETIC SURVEYING REQUIREMENTS
CHECKLIST, COMPLETED AND INITIALED BY THE PROFESSIONAL LAND
SURVEYOR CERTIFYING THE PLAT.
Section 8. Chapter 26, Section 26-412, Subsection C.1.b of the Code is hereby
amended as follows :
b. Concrete curbs, gutters , and sidewalks.
(1) CURBS, GUTIERS AND SIDEWALKS SHALL BE PROVIDED FOR ALL
SUBDIVISIONS THAT REQUIRE NEW STREETS .
(2) SUBDIVISIONS OF PROPERTY LOCATED ADJACENT TO EXISTING
STREETS WILL REQUIRE CONSTRUCTION OF CURBS , GUTIERS AND
SIDEWALKS IF THE EXISTING STREETS ARE DESIGNATED AS
PEDESTRIAN OR TRAIL ROUTES IN THE CITY OF WHEAT RIDGE
BICYCLE AND PEDESTRIAN MASTER PLAN OR ARE COLLECTOR OR
ARTERIAL STREETS AS IDENTIFIED IN THE CITY OF WHEAT RIDGE
STREETSCAPE DESIGN MANUAL.
Section 9. Chapter 26, Section 26-412, Subsection H of the Code is hereby amended
as follows :
1. In conjunction with the required drainage certification, the owner will furnish the
city, free of charge , A HARDCOPY, SIGNED AND SEALED BY THE ENGINEER
OF RECORD , OF THE drawings and specifications , including supplemental
drawings , relating to improvements , showing them in their as-built locations ON
THE CURRENT CITY OF WHEAT RIDGE DATUM .
2. The as-built's shall be prepared and certified by a registered professional
engineer in accordance with the requirements of Wheat Ridge and prior to the
city's issuance of the first certificate of occupancy in the subdivision.
3. AN ELECTRONIC FILE CONTAINING THE AS-BUILTS SHALL ACCOMPANY
THE SIGNED AND SEALED HARDCOPY, AND BE FURNISHED IN A FORMAT
COMPATIBLE WITH THE CITY MAPPING SOFTWARE AND LAYERING
STANDARDS ON CD-ROM , DVD-ROM, OR OTHER ELECTRONIC MEDIA
ACCEPTABLE TO THE CITY .
Section 10. Chapter 26 , Section 26-413, Subsection B of the Code is hereby amended
as follows :
1. The public 'Narks department COMMUNITY DEVELOPMENT DEPARTMENT
and the subdivider shall prepare an agreement in substantially the form of
Appendix B [on file in the office of the city clerk], which details the obligations of
the city and the subdivider, the estimated costs of public improvements to the
property and the amount of letter of credit to be supplied by the subdivider.
Section 11. Chapter 26 , Section 26-623 of the Code is hereby amended (and re -
lettered) as follows :
-7 -
A. Generally. FOR OPERATIONS WHEREBY A BUILDING PERMIT IS NOT
REQUIRED PURSUANT TO THE UNIFORM CODES ADOPTED BY THE
CITY AND CONTAINED IN CHAPTER 5 OF THIS CODE, NNo deposit,
GRADING, and/or extractive operation DISTURBING AN AREA OF ONE (1)
ACRE OR MORE SHALL BE PERMITTED IN ANY DISTRICT EXCEPT IN
THE MANNER PRESCRIBED HEREIN . WHERE DISTURBED AREAS ARE
LESS THAN ONE (1) ACRE AND SUCH OPERATION IS A PART OF A
LARGER COMMON PLAN OF DEVELOPMENT LARGER THAN ONE (1)
ACRE IN SIZE , NO DEPOSIT, GRADING, AND/OR EXTRACTION
OPERATION shall be permitted in any district except in the manner prescribed
herein. It is the intent and purpose of this section to establ ish reasonable
uniform limitations, safeguards and controls in the City of Wheat Ridge for the
conservation and wise utilization of property through deposit, GRADING, and/or
extraction of soil, sand, gravel, rock, minerals , CONCRETE OR ASPHALT
PAVEMENT, and other similar resources MATERIALS . However, a primary
intent and purpose is to protect surrounding properties from adverse impacts,
including , but not limited to , drainage problems, soil erosion, traffic problems,
changes in ground elevation relative to adjacent properties , etc., which may be
created by such operations. All fees shall be in accordance with those fees
established by the Uniform Building Code. ALL OPERATIONS SHALL
COMPLY WITH ALL PROVISIONS IN CHAPTER 20 OF THIS CODE
(STORMWATER QUALITY AND CONTROL), AND AAny fill operation which is
proposed for a parcel located within a 1 00-year floodplain shall additionally
comply with the Floodplain Zoning Ordinance, article VIII of this chapter.
B. Minor excavation and fill permits.
1. One to fifty (50) cl:Jbic yards. No permit is required for dumping or
excavation of materials which does not exceed fifty (50) cubic yards,
provided , howe\'er, that any fill deposited is on natural terrain of less
than three (3) to one (1), or such fill is less than three (3) feet in depth
and is not intended to support permanent structu res, and such fill or
excavation does not obstruct o r otherwise adversely affect any
drainageway. Should any of the above standards be exceeded or a
drainagmvay be affected , a permit as required in subsection B.2 ., belo'N ,
shall be required .-
2 . Fifty one (51 ) to five h EJRdred (500) cl:Jbic yards. Dumping or exca'lation
of earth materials not exceeding five hundred (500) cubic yards may be
allo•Ned with a permit appro•1ed by the city engineer. Application shall be
made to the public works department on the appropriate form and shall
be accompanied by the appropriate fee . A sketch plan indicating the
following information shall also be submitted :
a. Location and dimensions of all property boundaries and structures
on the site .
b . Location and extent of areas to be filled or excavated .
c . Location of existing and p roposed drainageways, irrigation ditches,
etc., and indication of how and where historic runoff will be
-8 -
maintained on site .
d. Cross section of area to be filled or excavated, indicating original
slope , new slope and depth of fill.
e . Statement which indicates the proposed use or purpose for said fill
or excavation .
3 . Fiv-e hundred one (501) to twenty thousand (20,000) cubic yards .
Operations in which earth material fill or excavation exceeds five
hundred (500) cubic yards but does not exceed twenty thousand
(20,000) cubic yards may be allowed by a permit issued by the city
engineer after reviewing an application and supporting information
submitted to the public works department. The following information shall
be submitted with the required application form :
Site plan, prepared by a registered professional engineer, at a
scale of no less than one (1) inch to twenty (20) feet , which illustrates the
following :
a . Location and dimensions of all property boundaries and structures
on the site.
b. Location and extent of areas to be filled or excavated.
c . Location of existing waterways and drainage courses indicating any
change. (For any site containing an established irrigation ditch, a
letter of approval from the appropriate ditch company or agency is
required .)
d . Location of existi ng and proposed points of ingress/egress.
e . Location and extent of existing vegetation , proposed changes in
such vegetation and including methods to rehabilitate the
vegetation after filling .
f. 1\ complete drainage and grading plan and report, if required , at the
discretion of the city engineer.
g . Plans for wind and '.Vater erosion control during operations , and
plans for rehabilitation and stabilization upon completion .
4. Performance standards. The following provisions shall apply to all minor
excavation and fill permits:
a . RehabiJitation. Within thirty (30) days after the cessation of filling or
excavation, rehabilitation of the site shall have been completed in
accordance with the approved plans . Rehabilitation shall consist of
acceptable le\•eling, grading , landscaping or any combination
thereof to minimize potential erosion .
b . Debris. Debris andJor contaminants shall not be used except when
endorsed by the city engineer. For the purpose of this section , the
term "debris" shall have the same meaning as the terms "garbage ,"
"trash" or "junk," as defined in the V\'heat Ridge Code of Laws,
section 20 24 .
5 . Limit on permits. In no event shall a single property receive acc umulative
permits in excess of twenty thousand (20,000) cubic yards within any
-9-
consecuti·1e t\vel¥e month period, except as provided under paragraph
C ., below.
C . Major kmdfi/1 and m<oava#on control operations: Dumping , landfill and/or
extraction operations which exceed twenty thousand (20 ,000) cubic yards may
be allowed in any zone district only by special use permit under section 26 114 .
Such deposit or extraction of earth , sand , gra¥el , rock, minerals, broken
concrete or broken asphalt or other similar resources , and/or storage thereof,
are subject to the following conditions. (In cases of isolation or unusual
characteristics of the operation or the location thereof, partial waiver of these
requirements may be made.) A special use permit may be issued for a period of
time not to exceed one (1) year and may be renewed upon written request
GRADING PERMITS. DUMPING, LANDFILL, GRADING , AND/OR
EXTRACTION OPERATIONS WHICH DISTURB AN AREA OF ONE (1) ACRE
OR MORE IN SIZE MAY BE ALLOWED BY A PERMIT ISSUED BY THE
ENGINEERING MANAGER AFTER REVIEWING AN APPLICATION AND
SUPPORTING INFORMATION SUBMITIED TO THE PUBLIC WORKS
DEPARTMENT. SUCH DEPOSIT OR EXTRACTION OF EARTH , SAND,
GRAVEL, ROCK, MINERALS, CONCRETE OR ASPHALT PAVEMENT, OR
OTHER SIMILAR MATERIALS, AND/OR STORAGE THEREOF , ARE
SUBJECT TO THE FOLLOWING CONDITIONS. A GRADING PERMIT MAY
BE ISSUED FOR A PERIOD OF TIME NOT TO EXCEED ONE (1) YEAR AND
MAY BE RENEWED UPON WRITIEN REQUEST:
1. Application. An application for special use GRADING permit shall be
submitted to the community development PUBLIC WORKS department
and shall be accompanied by the appropriate fee and by engineered
plans and drawings which illustrate the following minimum information:
a . Certified survey of the site SHOWING EXISTING EASEMENTS
AND RIGHT-OF-WAY with A corresponding metes and bounds
legal description FOR THE BOUNDARY ON THE CURRENT CITY
DATUM .
b . Name and address of property owner(s) and lessee(s), both within
the site and adjacent to the site's perimeter.
c . Location and extent of areas to be filled and/or exca¥ated A
GRADING AND EROSION CONTROL PLAN SHOWING THE
LOCATION AND EXTENT OF AREAS TO BE FILLED AND/OR
EXCAVATED, EXISTING & PROPOSED CONTOUR LINES
USING ELEVATIONS CONSISTENT WITH THE CURRENT CITY
DATUM DRAWN AT A SCALE ACCEPTABLE TO THE
ENGINEERING MANAGER, AND ANY EROSION CONTROL
ITEMS REQUIRED PER THE STORMWATER MANAGEMENT
PLAN.
d . A STORMWATER MANAGEMENT PLAN DEFINING BOTH
CONSTRUCTION AND POST-CONSTRUCTION BEST
MANAGEMENT PRACTICES (BMP'S).
e . Drainage plan and report, which identifies existing 'Naterways and
drainage courses, indicating any changes , existing grades and
-10 -
proposed finished grades, and method of maintaining historic
drainage from the site , and methods for controlling erosion from
both 'Nind and water during operations and upon completion
DRAINAGE REPORT AND PLAN IN CONFORMANCE WITH THE
CITY'S SITE DRAINAGE REQUIREMENTS .
f. Location of existing and proposed points of ingress/egress .
g . Location of residences , structures, AND utilities and roadways
within one quarter (1.:) mile distance of LYING INSIDE THE SITE in
question AND WITHIN A FIFTY (50) FOOT PERIMETER
ADJACENT TO THE SITE.
h . Location and type or perimeter fencing NAME, LOCATION , AND
SURFACING OF ALL ROADWAYS BOTH WITHIN AND
ADJACENT TO THE SITE TO BE USED FOR HAULAGE.
i. Location and surfacing of all roads both within and adjacent to the
site to be used for haulage SCHEDULE OF OPERATIONS ,
INCLUDING COMPLETION DATE.
j . Location and character of proposed lighting on the site COPIES OF
ANY PERMITS ISSUED BY THE STATE OF COLORADO
REQUIRED FOR THE OPERATION.
k. Schedule of operations, including completion date. COPIES OF
ALL MATERIALS REQUIRED TO BE SUBMITTED TO THE
STATE OF COLORADO OR THE U.S . GOVERNMENT, WHERE
SUCH AGENCIES ARE INVOLVED IN PERMIT REVIEWS
AND/OR APPROVALS AS A REFERRAL, PERMITTING OR
FUNDING AGENCY.
I. Copies of all materials required to be submitted to the State of
Colorado or the U.S . Government, where such agencies are
involved in permit reviews and/or approvals.
2. Performance standards.
a. Setback. Subject to maintaining a thirty foot setback from all
property lines . Roads. Subject to operators maintaining all haulage
roads used in connection with this operation, under their control o r
ownership , as much as possible in a dust-free condition . Such
haulage roads shall not be established along existing residential
streets except as may be provided by a special permit. This shall
not preclude collector or major streets from being used for this
purpose .
b. EROSION CONTROL. EROSION CONTROL PROVISIONS
UTILIZED DURING OPERATIONS SHALL ADHERE TO THE
BMP'S IDENTIFIED IN THE STORMWATER MANAGEMENT
PLAN .
c . Fencing. The property containing the extractive operation shall be
enclosed by a V mesh , cyclone , chain link, or other simila r type
metal fence •JJith a minimum height of seventy tvJo (72) inches .
Three (3) strands of barbed wire shall be placed above the metal
-11 -
fencing and canted to a forty five degree angle to the outside . At
such time as the site has been rehabilitated in conformance with
the requirements as contained herein , the fencing may be removed
Drainage. DEBRIS AND/OR CONTAMINANTS SHALL NOT BE
ACCUMULATED OR DISCHARGED BEYOND THE PROPERTY
LINE BY ANY MEANS OF TRANSPORTATION INCLUDING THAT
OF NATURAL DRAINAGE. THE OPERATION SHALL BE
CONDUCTED SO THAT THE EXCAVATED AREA WILL NOT
PERMIT WATER OF A STAGNATED NATURE TO COLLECT OR
REMAIN.
d . Erosion contra!. Provisions for control of wind and water erosion
during operations shall be made and followed. Wind blown
materials or sediment loads shall not be allowed to escape the site
SITE STABILIZATION. ALL GRADING PERMITS SHALL
CONTAIN PROVISIONS TO STABILIZE THE SITE AS NEAR OR
CLOSELY AS IS PRACTICABLE TO ITS PRIOR NATURAL
STATE OR CONDITION OR IN SUCH STATE OR CONDITION AS
THE ENGINEERING MANAGER MAY APPROVE. METHODS OF
SITE STABILIZATION SHALL ADHERE TO ALL BMP'S PER THE
APPROVED STORMWATER MANAGEMENT.
e . Drainage. Debris and/or contaminants shall not be accumulated
or discharged beyond the property line by any means of
transportation including that of natural drainage . The operation shall
be conducted so that the excavated area will not permit water of a
stagnated nature to collect or remain.
f. Lighting. All exterior lighting shall be in compliance with section 26
aw
g . Rehabilitation . All special permits shall contain provisions for
rehabilitation of the property as near or closely as is practicable to
its prior natural state or condition or in such state or condition as
the city council may approve. Rehabilitation of the site shall include
replacement of topsoil which is spread evenly over the rehabilitated
site to a depth comparable to that of adjoining areas. Property not
ultimately us~d for lake purposes or structures, etc., shall be
planted with trees, shrubs, grasses or similar groundco';er to
preclude erosion of the soil by either wind or water.
3. Bond. To insure rehabilitation of the site as prescribed in subsection g.,
above, there shall be required at the time the original permit is issued a
performance bond naming the city council of the City of Wheat Ridge as
obligee in an amount and type to be determined by the city engineer,
based on and with consideration for the magnitude of the excavation
activities and rehabilitation requirements. In no instance shall the amount
of the bond be less than five TWENTY thousand dollars
($5,000.00$20,000.00).
4. Insurance. Every operator, before commencing operations , shall be
insured to the extent of two hundred fifty thousand dollars ($250,000 .00)
-12 -
per person , one million dollars ($1,000 ,000 .00) per occurrence against
liability arising from production , activities or operations incidental thereto
conducted or carried on under or by virtue of any law, resolution or
condition imposed by these regulations, and such insurance shall be
kept in full force and effect during the period of such operations,
including site rehabilitation . A certificate indicating protection by such
insurance shall be filed with the application for special permit.
5. Equipment. All equipment used shall be maintained and operated
utilizing standard items, such as mufflers, filters, etc., as much as
possible to eliminate noise, vibration , dust, etc., which are injurious or
substantially annoying to persons living in the vicinity.
6 . Hours of operation . All activities shall operate from 7 :00 a.m . to 5 :00
p .m. Operations shall not be permitted on Saturdays , Sundays or
holidays, UNLESS OTHERWISE APPROVED BY THE ENGINEERING
MANAGER.
7. The city specifically reserves the right to approve, approve 'Nith
conditions, or deny special use permits for major landfill and excavation
control operations based upon evaluation of the proposal relative to the
criteria for review set forth in section 26 114
Section 12. 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 13. Effective Date. This Ordinance shall take effect fifteen ( 15) days after
final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to _ on
this _ day of , 2011 , ordered it published with Public Hearing and
consideration on final passage set for _, 2011 at 7:00p.m ., in the Council
Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado and that it takes effect 15
days after final publication ..
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of _ to _, this day of , 2011 .
SIGNED by the Mayor on this __ day of _____ , 2011.
Jerry DiTullio, Mayor
-13 -
ATTEST:
Michael Snow, City Clerk
First Publication :
Second Publication :
Wheat Ridge Transcript
Effective Date:
Approved as to Form
Gerald E. Dahl, City Attorney
-14 -
\ ~" -.. _ .. City of •
JP'WheatR.Ldge
ITEM NO:£
DATE: September 26, 2011
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 30-2011-AN ORDINANCE APPROVING
THE TRANSFER OF OWNERSHIP OF YE OLDE
FIREHOUSE LOCATED AT 3232 DEPEW STREET, WHEAT
RIDGE, COLORADO, TO THE SENIORS' RESOURCE
CENTER, INC., 3227 CHASE STREET, WHEAT RIDGE,
COLORADO
D PUBLIC HEARING
D BIDS/MOTIONS
D RESOLUTIONS
[gJ ORDINANCES FOR 1ST READING (09/26/2011)
0 ORDINANCES FOR 2 N° READING (10/10 /2011)
QUASI-JUDICIAL: D YES
City Manager
ISSUE:
The Seniors ' Resource Center and the City met in June to discuss the possibility of transferring
ownership ofYe Olde Firehouse froJil the City to the Seniors ' Resource Center. The Center is
requesting that Ye Olde Firehouse ownership be transferred free of charge.
PRIOR ACTION:
City Council direction at the August 1, 2011 , Study Session was to transfer the ownership ofYe
Olde Firehouse to the Seniors' Resource Center free of charge.
FINANCIAL IMP ACT:
Filing fees for the transfer of the deed
BACKGROUND:
Ye Olde Firehouse, located at 3232 Depew Street, was purchased by the City from the JEFFCO
School District in 1980. General Fund dollars in the amount of$16,000 were used for the
purchase. The building consists of one room with two restrooms and is 900 square feet in size.
Council Action Form
September 26, 2011
Page2
The total lot size is 2,842 square feet. Ye Olde Firehouse is contiguous on three sides -north,
south and east -to the Seniors ' Resource Center property. The property line on the north side of
the Firehouse is 21 feet from the building, on the east side 4 feet, on the south side 4 feet, and on
the west side 30 feet to the sidewalk .
Since the purchase in 1980, the Parks and Recreation Department has scheduled and maintained
the building. Over the course of time, the building has been used for a variety of programs as
well as serving as a rental space to the general public for meetings and private rentals. Currently
the building is used mainly for outside group rentals, community meetings and various programs
sponsored by the Seniors' Resource Center.
RECOMMENDATIONS:
Staff recommends approval of Council Bill No. 30-2011 for the following reasons:
1) The City is no longer using the building for any programming sponsored by the City;
2) Costs to maintain and schedule the building exceed revenues;
3) Reduced labor of Facility Maintenance staff, Parks Maintenance staff and the Facility
Rental Coordinator; and
4) Costs of operation and maintenance will be incurred by the agency that uses the building
the majority of the time.
RECOMMENDED MOTION:
"I move to approve Council Bill No. 30-2011 , approving the transfer of ownership ofYe Olde
Firehouse, located at 3232 Depew Street, Wheat Ridge, Colorado, to the Seniors' Resource
Center, Inc., 3227 Chase Street, Wheat Ridge, Colorado, on first reading, and that it takes effect
15 days after final publication."
Or,
"I move to table indefinitely the approval of Council Bill No. 30-2011, approving the transfer of
ownership of Ye Olde Firehouse located at 3232 Depew Street, Wheat Ridge, Colorado, to the
Seniors' Resource Center, Inc., 3227_ Chase Street, Wheat Ridge, Colorado, for the following
reason( s) "
REPORT PREPARED AND REVIEWED BY:
Joyce Manwaring, Parks and Recreation Director
Gerald Dahl, City Attorney
ATTACHMENTS:
1. Council Bill No. 30-2011
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER ___ _
COUNCIL BILL NO. 30
ORDINANCE NO. ----
Series 2011
TITLE: AN ORDINANCE APPROVING THE TRANSFER OF
OWNERSHIP OF YE OLDE FIREHOUSE LOCATED AT 3232
DEPEW STREET, WHEAT RIDGE, COLORADO TO THE
SENIORS' RESOURCE CENTER, INC., 3227 CHASE
STREET, WHEAT RIDGE, COLORADO
WHEREAS, the City of Wheat Ridge, Colorado ("City") owns certain real property
within the City referred to as Ye Olde Firehouse, located at 3232 Depew Street ; and
WHEREAS, a portion of said property is adjacent to property owned by the
Seniors' Resource Center upon which a non-profit senior citizen service agency is
currently located; and
WHEREAS, the City is no longer in need of the building for any uses; and
WHEREAS, the Seniors' Resource Center uses the building a majority of the
time it is available for programs offered by the Center; and
WHEREAS, in furtherance of both of these goals , the City and the Seniors'
Resource Center are in agreement that the ownership, and responsibility for the
operation and maintenance of the building should be that of the Seniors' Resource
Center; and
WHEREAS, the property the City proposes to convey to the Seniors' Resource
Center is real property owned by the City but is not designated park land; and
WHEREAS, pursuant to the Wheat Ridge City Charter Section 16.5 , the three
fourths approval of the entire City Council , by ordinance , is necessary to transfer the
ownership of Ye Olde Firehouse ,-located at 3232 Depew Street Wheat Ridge ,
Colorado to the Seniors ' Resource Center, Inc ., 3227 Chase Street, Wheat Ridge,
Colorado ; and
WHEREAS, the City Council therefore desires to approve the transfer of real
property ,
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Transfer of Real of Property Approved. Pursuant to Charter
Section 16.5 , the City Council hereby approves the transfer of certain City-owned
property more part icularly described in Exhibit 1 , attached hereto and
incorporated herein by this reference. The Mayor and City Clerk are hereby
Attachment 1
authorized and directed to execute such instruments as are approved by the City
Attorney to effect this transfer.
Section 2. Severability, Conflicting Ordinances Repealed. If any section ,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise i nvalid, the validity of the remaining sections, subsections and clauses
shall not be affected thereby . All other ordinances or parts of ordinances in
conflict with the provisions of this Ordinance are hereby repealed .
Section 5. Effective Date. This Ordinance shall take effect 15 days upon
adoption and signature by the Mayor, as provided by Section 5 .11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by the unan imous
approval of three-fourths of the entire membership of the City Council this __ day of
_____ , 2011, ordered it published in full in a newspaper of general circulation
in the City of Wheat Ridge with Public Hearing and consideration on final passage set
for , 2011 at 7:00p.m., in the Council Chambers , 7500 West
29th Avenue, Wheat Ridge , Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
the unanimous approval of the entire membership of the City Council this day of
------' 2011.
SIGNED by the Mayor on this __ day of _____ , 2011 .
ATTEST:
Michael Snow, City Clerk
First Publication :
Second Publication :
Wheat Ridge Transcript
Effective Date:
Jerry DiTull io , Mayor
Approved as to Form
Gerald E. Dahl, City Attorney
EXHIBIT 1
LEGAL DESCRIPTION:
THE WEST 1/2 OF LOTS 13 AND 14, BLOCK 1, COLUMBIA HEIGHTS, COUNTY OF
JEFFERSON, STATE OF COLORADO.
" .... City of
J?'WlieatRl__dge
ITEM NO:~
DATE: September 26,2011
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 28-2011-AN ORDINANCE AMENDING
THE WHEAT RIDGE CODE OF LAWS CHAPTER 18
RENUMBERING ARTICLE II AS ARTICLE I AND
ENACTING A NEW ARTICLE II, CONCERNING FUNDING
FOR PUBLIC ART
D PUBLIC HEARING
D BIDS/MOTIONS
D RESOLUTIONS
QUASI-JUDICIAL:
City Attorney
ISSUE:
I:8J ORDINANCES FOR 1 sr READING (09/26/2011)
0 ORDINANCES FOR 2ND READING (10/10/2011)
D YES I:8J NO
Amending Chapter 18 of the Code of Laws to provide for all of the City's public art regulations
in one location, and providing for public and private funding of public art.
PRIOR ACTION:
In 2002, City Council established Article I , Chapter 18 of the Code Concerning "Arts and
Culture." In 2007, City Council directed that an ordinance be drafted to provide for a Public Art
Fund in connection with the Wadsworth Subarea Plan (that ordinance was never adopted). On
November 22,2010, the City Council adopted Resolution 63 establishing a Public Art Fund for
all areas of the City where such art is provided through site development fees.
FINANCIAL IMPACT:
Currently, the City is depositing into the Public Art Fund 1% of the total amount received from
private developers for plan review, building permit fees, use tax and development review fees
charged in connection with all private site development (as defined in Code Section 26-123),
having an anticipated construction cost of $100,000 or greater. If this proposed ordinance is
V :\F orms\CA Ftemplate
Council Action Form
September 26, 20 11
Page 2
adopted , the City will also deposit 1% of the budget of City and State capital construction
projects in Wheat Ridge of$50,000 or more (from projects within any of the City 's urban
renewal areas) into the Public Art Fund.
BACKGROUND:
In 2002, Ordinance No. 1257 established Article I, Chapter 18 of the Code concerning "Arts and
Culture." [Article I was inadvertently codified as Article II and Article I of the Chapter was
reserved. This proposed Ordinance will relocate Article II to Article I] Ordinance No. 1257
delegated to the City Manager the responsibility of establishing guidelines concerning the
acquisition, ownership, display and siting, conservation, deaccessioning and disposal of public
works of art.
In 2007 the City Council adopted the Wadsworth Subarea Plan and determined that an ordinance
concerning art in public places should be drafted for the area governed by the Plan. Council
directed that the public art ordinance should provide that 1% of the budget of City and State
capital construction projects in Wheat Ridge (for projects of $50,000 or more) should be
designated for the purchase of publ ic art and the promotion of cultural events. That ordinance
was never adopted.
On November 22, 2010, the City Council adopted Resolution 63 e stablishing a Public Art Fund
for all areas of the City where such art is provided through site development fees associated with
private developments. Resolution 63 stipulates that 1% of the total amount received by the City
for plan review, building permit fees , use tax and development review fees charged in connection
with all private site development, having an anticipated c ons truction cost of$100,000 or greater,
shall be deposited into this fund .
At the August 22, 2011 Special Study Session, dire ction was provide d by City Council to adopt
an ordinance as recommended in 2007 but with the following stipulations:
• 1% of the budget of City and State capital construction projects (for projects of $50,000
or more) located within the City's designated urban rene wal areas shall be deposited into
the Public Art Fund
• The funds shall be designated for the purchas e of public art only (the promotion of
cultural events was deleted)
• The funds in the Public Art Fund can be used for any public art in any parts of the City as
recommended by the Wheat Ridge Cultural Commission and as directed by the City
Council
T his proposed Ordinance will amend Chapter 18 of the Code of Laws to provide for all of the
City's public art regulations in one location.
RECOMMENDATIONS:
Staff recommends adoption of the ordinance .
Council Action Form
September 26 , 2011
Page 3
RECOMMENDED MOTION:
"I move to approve Council Bill No. 28-2011 , an ordinance amending the Wheat Ridge Code of
Laws Chapter 18, renumbering Article II as Article I and enacting a new Article II, concerning
funding for public art, on first reading, order it publis hed, public hearing set for Monday,
October 10, 2011 , at 7:00p.m. in City Council Chambers, and that it take effect 15 days after
final publication.
Or,
"I move to postpone indefmitely Council Bill No. 28-2011 , an ordinance amending the Wheat
Ridge Code of Laws Chapter 18 , renumbering Article II as Article I and enacting a new Article
II, concerning funding for public art, for the following reason(s) "
REPORT PREPARED BY;
Gerald E. Dahl, City Attorney
Patrick Goff, City Manager
ATTACHMENTS:
1. Council Bill No. 28-2011
TITLE:
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER ___ _
Council Bill No. 28
Ordinance No. ___ _
Series 2011
AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS
CHAPTER 18 RENUMBERING ARTICLE II AS ARTICLE I AND
ENACTING A NEW ARTICLE II, CONCERNING FUNDING FOR
PUBLIC ART
WHEREAS, the City of Wheat Ridge is a home rule municipality having all
powers conferred by Article XX of the Colorado Constitution ; and
WHEREAS, the City Council has exercised these powers by the adoption of
Chapter 18 of the Wheat Ridge Code of Laws ("Code ") concerning arts and culture; and
WHEREAS, Ordinance 1257-2002 originally enacted Chapter 18, Article I, which
addressed the management of public art in the City; and
and
WHEREAS, public art is one method of creating a unique identity for an area ;
WHEREAS, in 2007 the City Council :
• adopted the Wadsworth Subarea Plan and determined that an ordinance
concerning art in public places should be drafted for the area governed by the
Plan ; and
• at the same time , the Council directed that the public art ordinance should
provide that 1% of the City's and State's capital construction projects (for
projects of $50,000 or more) should be designated for the purchase of public
art and the promotion of cultural events ; and
• that ordinance was never adopted by the Council; and
WHEREAS, on November 22, 2010, the City Council adopted Resolution 63
establishing a public art fund for all areas of the City where such art is provided through
site development fees charged in connection with private site development; and
WHEREAS, the City Council desires to amend Chapter 18 of the Code to provide
for all of the City's public art regulations in one location in the Code.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Chapter 18, Article I, of the Code , previously codified as Article II , is
hereby relocated to Article I and all sections are renumbered accordingly .
Attachment 1
Section 2. Chapter 18, Article II is hereby titled, "Funding of Public Art" and shall read
in its entirety as follows :
Sec. 18-21. Public art fund: private site development funding
(a) Source of Funds. There is hereby created a Public Art Fund (private site
development funding), into which shall be deposited the following revenues:
(1) One percent (1 %) of the total amount received by the City for plan review,
building permit fees and use tax charged in connection with all private site
development (as defined in Code Section 26-123), having an anticipated
construction cost of $100,000 or greater.
(2) One percent (1 %) of the total amount received by the City for the development
review fees charged in connection with all private site development (as defined in
Code Section 26-123), having an anticipated construction cost of $100,000 or
greater.
(3) Any funds which may be donated by private parties for the purposes of this
Chapter.
(4) Such other funds as the City Council may direct.
(b) Use of Funds. The funds in the Public Art Fund (private site development
funding) shall be used for any public art in the City, as recommended by the Wheat
Ridge Cultural Commission and directed by the Council.
Sees. 18-22. Public art fund: public site development funding
(a) There is hereby created a Public Art Fund (public site development funding).
One percent (1 %) of the budget of City and State of Colorado capital construction
projects of $50,000 or more (which projects are located within any urban renewal area
within the City) shall be deposited in said fund .
(b) Use of Funds. The funds in the Public Art Fund (public site development
funding) shall be used for any public art in the City, as the Council may direct.
Sees. 18-23 -18-30. Reserved.
Section 3. Upon the effective date of this Ordinance, Resolution 63, Series of 2010,
done and resolved on the 22"d day of November, 2010 shall be repealed .
Section 4. 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 5. Effective Date. This Ordinance shall take effect fifteen (15) days after
final publication, as provided by Section 5 .11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of_ to_
on this __ day of , 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 October 10, 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 day of , 2011.
SIGNED by the Mayor on this __ day of _____ , 2011 .
ATTEST:
Michael Snow, City Clerk
First Publication:
Second Publication :
Wheat Ridge Transcript
Effective Date:
Jerry DiTullio, Mayor
Approved as to Form
Gerald E. Dahl , City Attorney
~ . ~
... ' ' City of
_?WheatRi_dge
ITEM NO: __:t_
DATE : September 26, 20 11
REQUEST FOR CITY COUNCIL ACTION
TITLE: PUBLIC HEARING ON THE 2012 PROPOSED BUDGET
[gl PUBLIC HEARING
D BIDS/MOTIONS
0 RESOLUTIONS
QUASI-JUDICIAL :
ISSUE:
D ORDINANCES FOR 1 ST READING
0 ORDINANCES FOR 2N° READING
D YES
Sections 10.7 and 10.9 of the Wheat Ridge City Code require that a public hearing on the
proposed budget be held before its final adoption and that the budget be adopted by resolution on
or before the fmal day (December 15 , 2011) established by state statute for the certification of
the next year's tax levy to the county. A public hearing has been scheduled for September 26,
2011 to receive input from citizens on the budget. Adoption of the 2012 Budget has been
scheduled for the October 10 , 2011 City Council meeting. The 2012 Proposed Budget includes
$26,887,109 in expenses in the General Fund, $9,870,000 in expenses in the Capital Investment
Program (CIP) Fund and $4,303,231 in expenses in Special Revenue Funds for a total budget of
$41,060,340.
The 2012 Proposed Budget is available for review at the following locations:
Wheat Ridge City Hall
City Clerk's Office
7500 W. 29th Avenue
The 2012 Proposed Budget is also available for purchase for $10.00 from the City Clerk's Office
and the proposed budget and PowerPoint presentation of the budget is available for review at
www.ci .w heatridge.co.us.
Council Action Form
September 26, 20 11
Page 2
PRIOR ACTION:
• August 8, 2011 -first public meeting to provide opportunities for citizens to
comment on the budget
• August 22 , 2011 -second public meeting to provide opportunities for citizens to
comment on the budget
• September 9, 2011 -proposed 2010 Budget distributed to City Council and made
available for public review
• September 19 ,2011-City Manager presented the proposed budget to City
Council during a Study Session
• September 26,2011 -as required by Section 10.7 of the Wheat Ridge City
Charter a public hearing will held to provide additional opportunities for citizens
to comment on the proposed budget prior to adoption of the budget
FINANCIAL IMP ACT:
A total budget of $41,060,340 ts to be appropriated to the varwus funds m the attached
resolution.
BACKGROUND:
The following information which is taken from the 2012 Proposed Budget Message, pages 1 -5
has been updated to reflect the City Council consensus provided at the September 19,2011
Budget Retreat.
Wheat Ridge's total proposed General Fund operating budget for 2012 is $26,887,109, excluding
transfers. The City's total 2012 operating budget represents a 0.8% increase compared to the
adjusted 2011 Budget. The projected 2012 General Fund ending fund balance is $6 ,670,912 or
23% of expenditures. The total City Budget for 2012, which includes the General Fund, CIP and
Special Revenue Funds is $41 ,060,340.
Sales tax, the City's largest revenue source, is projected to increase in 2011 by 3.3% compared to
2010 actual revenue, and decrease by 0.9% compared to 2011 projected revenue. Total General
Fund revenues for 2011 are projected to increase by 0.4% compared to 2010 actual revenue, and
decrease by 1.4% compared to 20 11-projected revenue. Sales tax is expected to increase by 2.3%
in 2012 and total General Fund revenues should experience about a 3.0% increase.
The 2011 Budget estimated ending fund balance is $8,770,912 or 31% of operating expenditures.
The 2012 Proposed Budget ending fund balance is projected to decrease to $6,670,912 to allow
for a $2.0 million transfer to the CIP Budget and a $100,000 transfer to the Capital Equipment
Replacement Fund.
WHEAT RIDGE GOALS 2016
The Mayor, City Council and staff work together annually to develop and update a strategic plan
including a vision, plan and action agenda to define that "desired destination for Wheat Ridge"
and to draw the "map to Wheat Ridge's destination." Staff used these goals as a guide to develop
strategies and priority projects for the 2012 Budget.
Council Action Form
September 26, 2011
Page 3
The Mayor and Council identified four key strategic prioritized goals for the next five years:
1. Financially Sound City Providing Quality Services
2. Choice of Desirable Neighborhoods
3. Economically Viable Activity Centers
4. More Attractive Wheat Ridge
The following items are included in the budget as a result of the City Council Strategic
Planning session in May 2011 ·and are part of Action Agenda listed as a "Top Priority, High
Priority or Priority" for the months ahead:
• Core Services Project -Priority Based Budgeting $15 ,000 (Budget 1 06)
• Aging Needs Assessment/Plan $1 ,000 (Budget 111)
• Compensation Project $15 ,000 (Budget 112)
• 38th A venue Corridor Plan Implementation $30,000 (Budget 120), $250,000 included in
the CIP budget
• Northwest Transit Oriented Development $10,000 (Budget 120)
• Diverse Housing Plan $15 ,000 (Budget 123)
• Martensen Elementary School to Neighborhood Park, $200 ,000 Open Space budget
Additionally, the following items have been identified as management priorities and are
included in the proposed 2012 budget:
• Citizen Survey $25,000 (Budget Ill)
• PTO Cash Out $50 ,000 in Human Resources budget (Budget 112)
• Fleet Replacement $504 ,000, $231 ,000 in fleet replacement needs are being deferred for
2012 (Budget 303)
• Bus Shelter Maintenance $20,000 (Budget 303)
The following structural changes/additions have been made to the proposed 2012 Budget:
• The Richards Hart Estate Fund is being eliminated in 2012 based on GFOA Standards .
The remaining fund balance in 2011 will be transferred into the General Fund.
• Added Historic Buildings program budget 625 which includes expenses for the Richards
Hart Estate.
• Telephone Expenses previously budgeted in Central Charges 01-610-700-759 were
transferred to the IT budget 01-117-700-759
• The Public Art Fund has been added to the Special Funds section of the Budget
The following is a list of policy questions that require City Council direction or a result of
priorities set forth by City Council Strategic Plan:
• At what level does the City Council want to fund WR2020?
• At what level does the City Council want to fund the Wheat Ridge Business District
(WRBD), above and beyond the $40,000 included in the Economic Development budget
(105)?
• Does the City Council want to fund the Air Quality Control Program reque st in the
amount of $4,300?
Council Action Form
September 26, 20 ll
Page4
• Does the City Council want to fund the Greenbelt Patrol Program for 3.5 months,
$13 ,480? Previously the program has been funded for 4.5 months at a cost of$17,280.
In response to the funding related questions listed above, City Council provided the following
consensus on these budget items at the Study Session on September 19, 2011:
• CIP Budget -City Council provided direction to allocate $850,000 in funding from
CIP reserves in 2012 to address the drainage issue at 29th and Chase. Additionally,
City Council provided consensus to use $70,000 for the grant match for the Kipling
Pedestrian improvements out of the Open Space Fund reducing the CIP project
amount to $273,000.
• WR2020 Funding -City Council provided consensus to not fund WR2020 using
reserves and for the City Manager to bring back funding options at a future meeting.
Options will be presented to Council and are not yet included in the budget. The
options will be presented to Council prior to the scheduled budget adoption on
October l 0, 20 ll.
• Wheat Ridge Business District (WRBD)-City Council provided consensus to keep
the WRBD funding level at $40,000 which is included in the proposed 2012 budget.
• Funding level for Outside Agency Contributions -City Council provided consensus
to keep the funding level of this program at $10,000 as allocated by staff in the
Outside Agency Contribution memorandum dated September 19, 2011.
• Regional Air Quality Control Program -City Council provided consensus to not
allocate $4,300 to the air quality control program in 2012.
• Greenbelt Patrol Program -City Council provided consensus to keep the greenbelt
patrol program during the summer months to 4.5 and not reduce the program to 3.5
months. Funding in the amount of $3 ,800 will be added to the Police Department
budget.
After City Council provides direction on funding level options for WR2020, the General Fund
expenditures in the proposed budget will be adjusted to include the $3,800 increase in the Police
Department's budget along with the funding allocation for WR2020.
REVENUES AND EXPENDITURES
The total 2012 Proposed Budget is $41 ,060,340. The Budget is based on projected revenues of
$35 ,255,216. In addition, the beginning fund balance for 2012 is projected at $15,886,424 which
brings the total available funds to $51 ,141 ,640. This will provide for a projected ending fund
balance of$10,081 ,300 which is a 26% decrease compared to the 2011 Budget. Detailed revenue
and expenditure tables are presented in the Revenue and Expenditure Summary section of this
Budget.
Council Action Form
September 26 , 2011
Page 5
General Fund
General Fund revenue is projected at $26,887 ,109 which is a 3.0% increase compared to 2011
estimated revenues. In addition, the beginning fund balance for 2012 is projected at $8,770,912
which brings the total available funds for the General Fund to $35 ,658 ,021.
General fund expenditures total $26,887 ,109. General Fund expenditures represent a 0.8%
increase compared to the adjusted 2011 Budget and a 2.8% decrease compared to the estimated
2011 Budget. This will provide for a projected ending fund balance of $6,670,912 or 23% of
expenditures which is a 24% decrease compared to the 2011 estimated Budget.
Capital Investment Program Fund
CIP Fund revenue is projected at $6 ,750 ,000 ($2 million transferred from the General Fund)
which is a 98% increase compared to the 2011 estimated revenue of $3 ,412 ,470. The CIP Fund
will receive a significant amount of grant revenue in 2012. In addition , the beginning fund
balance for 2012 is projected at $4,360,109 which brings the total available funds for the CIP
Fund to $11,110,109.
The 2012 proposed CIP includes the following major projects:
• $5.5 million for the grant funded 32nd and Youngfield interchange improvements
• $2.0 million for preventative street maintenance project s
• $700,000 for Arvada Channel drainage improvements which is the City 's required match
for the Gold Line Commuter Rail project
• $273,000 design work and ROW acquisition for the grant fund ed Kipling Street
Pedestrian improvements
• $250,000 for implementation of the 38th Avenue Subarea Plan recommendations
• $100,000 for the Gateway Signage Program
• City Council provided direction at the Budget Retreat to allocate funding in the amount
of $850,000 to major drainage projects to addre ss the drainage issues at 29th and Chase
Streets.
CIP expenditures total $9,870 ,000 which is a 223 % increase compared to the adjusted 2011
Budget and a 225% increase compared to the estimated 2011 Budget. This will provide for a
projected ending fund balance of$1 ,240,109 .
The CIP Budget is funded primarily with General Fund undesignated reserves. The City Council
adopted a General Fund reserve policy in 2011 setting the minimum reserve level at 17%. In
order to maintain this minimum reserve balance in the General Fund in 2013 and beyond, the
General Fund will no longer be able to fund the CIP Budget after 2012 . To continue funding CIP
projects, City Council will need to consider substantial cuts in the City's op erating budget or new
revenue sources.
Council Action Form
September 26, 2011
Page 6
Without additional funding, the proposed CIP Budget for 2013 to 2021 will be limited to the
following projects:
• $2.8 million in 2013 for grant funded Kipling Street pedestrian improvements
• $500,000 in 2013 for preventative street maintenance -funding not available beyond
2013
• $100,000 in 2013 for Gateway Signage Program-funding not available beyond 2013
• $131 ,000 annual average for development related public improvement projects
Open Space Fund
Open Space revenue is projected at $893 ,000 which is a 44% decrease compared to the 2011
estimated revenue of $1 ,592,741. A significant amount of grants were received in 2011 for major
projects. These same grants are not anticipated in 2012 which accounts for the large decreases in
revenue. In addition, the beginning fund balance for 2011 is projected at $359,539 which brings
the total available funds for the Open Space Fund to $1 ,252,539.
Open Space projects for 2012 include open space sign fabrication; trail replacement and repair;
an off-leash dog park; partial funding for the potential acquisition and construction of a District
II park; and parks equipment storage facility. Funding is also appropriated for five Parks
employees. Open Space expenditures total $1 ,076,782 which is a 38% decrease compared to the
adjusted 2011 Budget and a 38% decrease compared to the estimated 2011 Budget. This will
provide for a projected ending fund balance of $175 ,757.
The future Five-Year Open Space Budget proposes the continuation of miscellaneous open space
improvements, park maintenance projects, trail replacement and repair, open space sign
fabrication and funding for five Parks employees. In addition, funding in the amount of $1
million over a five-year period is proposed for the potential redevelopment of the Martensen
E lementary School site for a District II park. City Council provided direction at the Budget
Retreat to allocate funding in the amount of $70,000 for matching grant funds for the Kipling
pedestrian improvement project.
Conservation Trust Fund
Conservation Trust revenue is projected at $283 ,000, which is a 0.7% increase compared to the
2011 estimated revenue of $281 ,000. In addition, the beginning fund balance for 2012 is
projected at $315,900 which brings the total available funds for the Conservation Trust Fund to
$598 ,900.
Conservation Trust projects for 2012 include Panorama Park playground; Recreation Center
maintenance projects; facility improvements; and District II park site development. Conservation
Trust expenditures total $530,000 , which is a 95% increase compared to the adjusted 2011
Budget and a 300% increase compared to the estimated 2011 Budget. This will provide for a
projected ending fund balance of $68 ,900.
Council Action Form
September 26 , 2011
Page 7
The future Five-Year Conservation Trust Budget proposes to provide funds in the amount of
$500,000 for Recreation Center maintenance needs. Additionally, $400,000 is budgeted over a
two-year period for the development of a District II park.
Recreation Center Operations Fund
Recreation Center Operations revenue for 2012 is projected at $2 ,142,887, which is a 2%
increase compared to the 2011 estimated revenue of$2,094,227. In addition, the beginning fund
balance for 2012 is projected at $1 ,497 ,725 which brings the total available funds for the
Recreation Center Operations Fund to $3,640,612.
Recreation Center expenditures total $2,252,888, which is a 9% increase compared to the
adjusted 2011 Budget and an 11% increase compared to the estimated 2011 Budget. This will
provide for a projected ending fund balance of$1,387,724.
Miscellaneous Special Revenue Funds
Several other miscellaneous Special Revenue Funds are also included in this Budget to track
revenues and expenditures that are legally restricted for specific purposes or to simplify the
budgeting process. Those funds include Police Investigation, Municipal Court, Capital
Equipment Replacement, Crime Prevention, and Public Art Fund. As noted earlier, the Richards
Hart Estate Fund will be eliminated in 20 12. Detailed revenue and expenditure information for
these funds can be found in the Special Revenue Funds and the Line Item Accounts sections of
the Budget.
STAFFING
Personnel-related expenses account for the largest portion of the City's Budget; therefore,
maintaining this investment is a high priority. As approved by City Council, the City strives to
remain at the 70th percentile of the market for law enforcement (sworn) positions and 55th
percentile for all civilian positions. Unfortunately , due to the economic recession, market
adjustments have been deferred and we have fallen behind on this goal.
Through a periodic compensation review process, a survey of the 2011 pay scales for the City's
positions was conducted for the purpose of determining what wages are generally prevailing in
similar cities within the Denver metropolitan area. The survey indicated that to maintain these
percentiles and to remain competitive, our compensation plans required upward adjustments of,
on average, 4.36% for civilian positions and 5.16% for sworn positions. Due to continued
economic uncertainty, City Council consensus was to forgo 2011 mid-year market adjustments.
Employees are eligible to receive a merit increase on their anniversary date if they receive at
least a satisfactory performance evaluation. Step increases were frozen in 2010 but were
proposed to be reinstated in the 2011 Budget at a cost of $145,679. City Council provided
direction to staff develop a stipend plan for 2011 in lieu of merit increases. Staff developed a
stipend plan in July 2011 and employees received a one-time stipend that did not affect their base
pay .
Council Action Form
September 26, 201 1
Page 8
To remain competitive and to retain and attract the best employees, it will be crucial to reinstate
both the market and merit adjustments as finances allow. City Council directed staff in July
2011 to include merit increases for sworn and a 3 percent across-the-board increase for non-
sworn staff in the 20 12 budget.
You may find the complete Compensation Plan in the "Stafftng" section of the Budget.
The 2012 staffing Level will increase by 0.26 FTE's to 225.515 FTE's in all funds. The following
staffing adjustments are proposed:
• Elimination of 1.0 FTE Custodian in the Recreation Center Fund
• Increase of0.26 FTE Court Marshall in the General Fund
• A 1.0 FTE grant funded position was not included in the Police Department's budget in
the proposed 2012 budget.
Staffing levels continue to remain well below the 233.755 FTE's authorized in 2002 before the
budget reduction program and elimination of positions in 2003 and 2004.
RECOMMENDATIONS:
To hold a public hearing on the 2012 Proposed Budget.
REPORT PREP ARED!REVIEWED BY:
Heather Geyer, Administrative Services Director
Patrick Goff, City Manager
ATTACHMENTS:
1. 2012 Proposed Revenues & Expenditures Summary
2. Revised Capital Investment Program Spreadsheet
3. Revised Open Space Program Spreadsheet
..,..•• ..
~of WheatR.@ge 20 7 2 Proposed Budget
Budget Summary by Fund
Operating Funds
General
otal Operating Funds
Fund Balance Percentage
Capital Funds
Capital Investment Program
• 1rotal Capital Funds
Special Revenue Funds
Police Investigation
Open Space
Municipal Court
Conservation Trust
Equipment Replacement
Crime Prevention
Public Art Fund
Recreation Center
~otal Special Revenue
uncia
Total Operating Funds
Total Capital Funds
Total Special Revenue
Funds
(Less Transfers)
RAND TOTAL
---~-
Beginning
Balance
(1/1/12)
+ Revenues = Funds
Available
$8,770,912 + $26,887 ,109 = $35,658 ,021
$8,770,912 + $26,887,109 • $35,658,021
$4,360,109 + $6,750 ,000 = $11 ,110 ,109
$4,360,109 + $8,750,000 • $11,110,109
$53,431 + $100 $53 ,531
$359,539 + $893,000 = $1,252 ,539
$27,123 + $31 ,750 = $58 ,873
$315,900 + $283,000 = $598 ,900
$307,457 + $102,000 = $409,457
$189,058 + $260,200 = $449 ,258
$5,170 + $5,170 = $10,340
$1 ,497 ,725 + $2,142,887 = $3,640 ,612
$2,755,403 + $3,718,107 = $6,473,510
$8 ,770,912 + $26,887,109 = $35,658 ,021
$4,360 ,109 + $6,750,000 = $11 ,110 ,109
$2 ,755,403 + $3,718,107 = $6,473 ,510
"+ ($2,1 00,000) = ($2 , 1 00,000)
$15,886,424 + $35,255,216 • $51,141,640
19
Fund
Expenses = Balance
$28 ,987 ,109 =
. $28,987,109 •
$9,870 ,000 =
. $9,870,000 •
$30 ,000 =
$1 ,076 ,782 =
$57 ,000 =
$530 ,000 =
$0 =
$356 ,561 =
$0 =
$2,252 ,888 =
. $4,303,231 •
$28 ,987,109 =
$9 ,870,000 =
$4 ,303,231
($2 ,100,000)
. $41,060,340
(12131/12)
$6 ,670,912
$8,670,91
23.0%
$1 ,240 ,109
$1,240,1ij
$23 ,531
$175 ,757
$1 ,873
$68 ,900
$409,457
$92 ,697
$10 ,340
$1 ,387 ,724
$6 ,670,912
$1 ,240,109
$2 ,170,279
Revenues & Expenditures Summary
Budget Summary by Fund
.. ~ • 4
~o f
2012 Proposed Budget WheatR!_dge
General Fund Revenues
2010 2011 2011 2012
Actual Adjusted Estimated Proposed
SALES TAXES
Sales Tax $14.407 ,882 $15 ,017,400 $14 ,877 ,895 $15,225 ,130
Sales Tax Audit Revenue $223 ,431 $325 ,000 $250,000 $325,000
URA-Wheat Ridge Cyclery $30 ,480 $25 ,000 $25 ,000 $25 ,000
URA-Town Center $218 ,382 $225,000 $210,000 $210 ,000
URA-Walgreens lQ lQ lQ lQ
TOTAL SALES TAXES $14,880,175 $15,592,400 $15,362,895 $15,785,13
OTHER TAXES
Real Property Tax $767,180 $765 ,000 $775,000 $775 ,000
Liquor Occupational Tax $66 ,549 $60 ,950 $55 ,000 $55 ,000
Auto Ownership Tax $51 ,616 $55 ,000 $50 ,000 $51 ,000
Xcel Franchise Tax $1 ,272 ,700 $1 ,200 ,000 $1 ,200 ,000 $1 ,200,000
Telephone Occupation Tax $315 ,965 $260 ,000 $300,000 $300 ,000
Lodgers Tax $467 ,597 $470 ,000 $450 ,000 $450,000
Admissions Amusement Tax $44,830 $44.400 $45,000
TOTAL OTHER TAXES $2,986,437 $2,855,350 $2,875,000
USE TAXES
Use Tax -Retail/Professional $1 ,063 ,221 $1 ,113 ,200 $900 ,000 $1 ,069,000
Use Tax -Building $503,786 $450 ,000 $600,000 $659 ,000
Use Tax -Auto ~939,467 ~1 ,000,000 ~1 ,000,000 ~1 ,019,000
TOTAL USE TAXES $2,506,474 $2,563,200 $2,500,000 $2,747,000
LICENSE
Amusement Machine License $8 ,465 $8,500 $8 ,500 $8 ,500
Arborist License $1,785 $1,700 $1 ,640 $1 ,700
Contractors License $108,136 $90 ,000 $100,000 $100 ,000
Liquor License Fee $11 ,791 $10 ,000 $10,000 $10 ,000
Building Permits $535,148 $400 ,000 $400,000 $450 ,000
Street Cut Permits $157,151 $87 ,000 $65,000 $80 ,000
Cable TV Permits $353,633 $320,000 $345,000 $345 ,000
Elevator Inspection Fees $21 ,210 $20 ,700 $26,040 $26 ,880
Pawn Shop License Fees $10,000 $10 ,000 $10,000 $10 ,000
Business License Fees $80 ,394 $73.000 $72,198 ~77,584
TOTAL LICENSE $1 ,287,713 $1,020,900 $1 ,038,378 $1 ,109,
Revenues & Expenditures Summary 20
General Fund Revenues
... 'f
~of WheatRl_dge 20 7 2 Proposed Budget
2010 2011 2011 2012
Actual Adjusted Estimated Proposed
INTERGOVERNMENTAL
Cigarette Tax $103 ,872 $100 ,000 $100 ,000 $100,000
County Road and Bridge $392,428 $400 ,000 $350,000 $350,000
Arvada Ridge Redevelopment $100 ,000 $100,000 $100 ,000 $100 ,000
Highway Users Tax $1 ,006,410 $1 ,042 ,361 $990,051 $1 ,024 ,645
Motor Vehicle Registration $107 ,634 $107 ,000 $100,000 $100 ,000
Wheat Ridge Fire Radio $29 ,529 $29,529 $29,529 $29 ,529
E911 Reimbursements $78 ,910 $0 $80,000 $40 ,000
Adm . Serves. IT-SIPA $0 $0 $5,000 $0
P&R-Xcel Tree Grant $0 $0 $4,000 $0
P&R-Historic Facilities $0 $0 $0 $25 ,000
Police-CATPAAuto Theft Grant $107,489 $75,464 $48,602 $51 ' 131
Police -Seat Belt Safety Grant $12 ,848 $2 ,500 $4,899 $2 ,500
Police -Drug Overtime Grant $26,420 $7,500 $11 ,599 $15,000
Police -COPS Grant $0 $110 ,900 $11 ,453 $128 ,137
Police -Bryne Grant $45,241 $74 ,596 $74 ,596 $32 ,067
Police-Child Safety Grant $0 $0 $4,902 $0
Police -Ballistic Vest Grant $7,700 $8 ,850 $8 ,850 $5,250
Police -LEAP Energy Grant $0 $130 ,000 $2 ,236 $0
Police -Leaf Grant $0 $12 ,000 $12 ,000 $12,000
Scientific & Cultural Grant $2,272 $2 ,500 $2 ,205 $2 ,100
Jeffco Tree Grant $21 ,175 $0 $0 $0
CALPHO Grant $6,000 $0 $0 $0
TOTAL
INTERGOVERNMENTAL $2,047,928 $2,203,200 $1 ,939,922 $2,017,359
SERVICES
Zoning Applications -$35 ,653 $25 ,000 $90 ,000 $40 ,200
Planning Reimbursement Fees $1 ,740 $3 ,000 $5 ,000 $3,000
Engineering Fees $4 ,925 $7 ,000 $5 ,500 $6 ,500
Misc. Zoning Fees $1 ,405 $2 ,000 $1 ,200 $2,000
Plan Review Fees $110 ,467 $140,000 $145 ,000 $135 ,000
Pavilion/Park Rental Revenue $29,869 $25,000 $29,000 $29 ,000
Athletics Revenue $118 ,795 $138,395 $135,165 $142 ,945
Active Adult Center Revenue $218,139 $217 ,283 $210,000 $210,500
Gen . Prog . Revenue $162,572 $152 ,760 $164,600 $171 ,556
Anderson Building Revenue $16,491 $15,000 $13,000 $14 ,000
P&R Security Deposits $44,109 $59 ,000 $0 $0
Outdoor Swimming Fees $162,247 $148 ,000 $160,000 $160 ,000
2 1 Revenues & Expenditures Summary
General Fund Revenues
.. ••.,
~of
20 12 Proposed Budget WheatRLdge
2010 2011 2011 2012
Actual Adjusted Estimated Proposed
Police Report Fees $11,412 $10 ,900 $11 ,045 $8,700
Pawn Shop Ticket Fees $22 ,764 $21 ,000 $22 ,000 $22 ,000
Sex Offender Registration $12 ,720 $10 ,950 $9 ,655 $7 ,000
Police Drug Destruction Fees $475 $400 $500 $400
Police Fees $3,470 $3 ,600 $4 ,150 $4 ,150
Police Duty Reimbursement $13.685 $20,000 ~25,000 ~25,000
TOTAL SERVICES $970,938 $999,288 $1,030,815 $981,951
FINES & FORFEITURES
Municipal Court Fines $110 ,825 $115 ,000 $130 ,000 $130,000
Nuisance Violations Fees $50 ,184 $55 ,000 $68 ,000 $68 ,000
Handicap Parking Fees $420 $300 $900 $900
Traffic $528,183 $500 ,000 $492 ,500 $495 ,000
General $80,559 $90 ,000 $70,000 $70 ,000
Other $18,552 $17 ,000 $15 ,500 $15 ,000
Parking $3,720 $3 ,500 $1 ,200 $1 ,500
No Proof of Insurance $18.126 $20,000 $25,000 ~25,000
TOTAL FINE & FORFEITURES $810,569 $800,800 $803,100 $805,400
INTEREST
Interest Earnings ~121,697 ~120,000 $150,000 ~150,000
TOTAL INTEREST $121 ,697 $120,000 $150,000 s1so,ooq
OTHER
Cable Peg Fees $43 ,607 $44,200 $44,200 $44 ,200
Passport Processing Fee $6 ,475 $7,000 $6,000 $6 ,000
Miscellaneous Income $341,918 ~269,633 $350,000 ~364,405
TOTAL OTHER $392,000 $320,833 $400,200 $414,605
Total General Fund $26,003 ,931 $26 ,475 ,971 $26,100,310 $26,887' 109
Transfers In $0 $0 $0 $0
Fund Balance Carryover $9,140,901 $10 ,333 ,531 $11 ,084,07 4 $8,770,912
Total Funds Available $35,144,832 $36 ,809 ,502 $37 ' 184,384 $35,658 ,021
Revenues & Expenditures Summary 22
General Fund Revenues
-.'4·
~of WheatR..L.dge 20 7 2 Proposed Budget
General Fund Expenditures
2010
Actual
legislative
Legislative Services $315.743
otal $315,743
City Manager's Office
City Manager $227,760
Economic Development $636,931
rrotal $864,691
City Attorney
City Attorney $277.067
otal $277,067
City Clerk's Office
City Clerk $119,154
Total $119 ,154
City Treasurer
City Treasurer $33,166
Total $33,166
Central Charges
Central Charges ~2,308,443
otal $2,308,443
Municipal Court
Municipal Court $684.106
otal $684 ,106
23
2011 2011 2012
Adjusted Estimated Proposed
$302.582 $302.082 $305.593
$302,582 $302,082 $305,59
$255,142 $254,340 $252,748
$639,110 $629,673 $466,427
$894,252 $884,013 $719,17
$258,000 $258.000 $258,000
$258,000 $258,000 $258,00
~138,069 ~138,069 ~132,070
$138,069 $138,069 $132 ,07q
$36 778 $32,608 $35,278
$36,778 $32 ,608 $35,278
~2.838,658 ~2,713,083 ~2 ,669,954
$2,838,658 $2,713 ,083 $2,669,9
$723,339 $710,250 $747.291
$723,339 $710,250 $747,291
Revenues & Expenditures Summary
General Fund Expenditures
20 7 2 Proposed Budget
Administrative Services
Administration
Finance
Human Resources
Sales Tax
Purchasing and Contracting
Information Technology
otal
Community Development
Administration
Planning
Building
Long Range Planning
Total
Police
Administration
Grants
Community Services Team
Communications
Crime Prevention Team
Records
Training and Public Information
Patrol
Investigations
Traffic Enforcement
Special Investigations
Emergency Operations
otal
Revenues & Expenditures Summary
General Fund Expenditures
2010
Actual
$410,811
$214,464
$382,424
$197,901
$95,443
~1.234,234
$2,535,277
$186,283
$192 ,079
$337 ,205
$89,082
$804 ,649
$678,480
$0
$244 ,544
$700 ,783
$216 ,092
$257,286
$204 ,345
$3 ,756 ,003
$1,486 ,133
$345 ,523
$184 ,850
$21,870
$8,095,909
24
2011
Adjusted
$405,056
$230,892
$409,791
$228,623
$103,135
~1 ,269,620
$2,647 ,117
$243,877
$213 ,562
$343 ,764
~154,360
$955,563
$705 ,019
$421 ,810
$257 ,083
$759 ,128
$219 ,463
$267 ,552
$250 ,482
$4 ,046 ,453
$1 ,785 ,555
$348 ,508
$0
~23,515
$9 ,084 ,568
~of
Wheat R.l_dge
2011
Estimated
$378 ,876
$230 ,892
$431 ,737
$228 ,085
$120 ,632
~1 ,249,900
$2,640,122
$200,575
$210,941
$305,008
~153,463
$869 ,987
$702 ,769
$431 ,280
$257 ,083
$759 ,101
$217 ,463
$26 7,552
$249 ,576
$4 ,042 ,260
$1,781,520
$348 ,508
$0
~21 ,915
$9 ,079 ,027
2012
Proposed
$382,745
$238,328
$498,906
$233 ,051
$121,817
~1 ,894,365
$3,369,21
$235 ,812
$223 ,181
$370 ,335
~102,856
$932,184
$731 ,015
$219 ,77 1
$260 ,019
$771 ,577
$297 ,647
$271 ,7 58
$228,517
$3 ,896,733
$1 ,895 ,178
$363 ,901
$0
~12,195
$8 ,948 ,311
•• . .
~of WheatR@ge
2010
Actual
Public Wor k s
Administration $149 ,400
Engineering $888 ,360
O pera tions ~2,285, 182
otal $3,322,942
Parks and Recreation
Administration $206 ,802
Recreation $252 ,962
Parks Maintenance $1 ,249 ,140
Fo restry $286 ,869
Open Space $210,745
Anderson Building $65 ,920
Athletics $179 ,071
General P rog rams $226 ,252
O utdoor Pool $159 ,410
Active Adult Center $487 ,246
Historic Facilities $0
Buildi ng Maintenance $375,021
otal $3,699,438
Total General Fund $23,060,585
Transfers $1 ,000,000
Total With Transfers $24,060,585
25
20 12 Proposed Budget
2011 2011 2012
Adjusted Estimated Proposed
$154,227 $154,227 $156 ,308
$1 ,065,284 $1 ,067,539 $1 ,001 ,931
~3,280,582 ~3,280,582 ~3,241 '133
$4,500,093 $4,502,348 $4 ,399,372
$230,452 $223 ,584 $226,445
$275,603 $211 ,292 $200 ,860
$1 ,368,026 $1,311 ,962 $1,365 ,151
$274,114 $290 ,658 $328,433
$246,259 $239,904 $269,351
$88,954 $76 ,143 $84 ,510
$222,995 $178,068 $229,423
$230,077 $226 ,056 $244 ,276
$207,310 $182 ,809 $250 ,864
$699 ,971 $639 ,891 $555 ,239
$0 $0 $68,001
~444,443 ~4 38,668 ~548,116
$4,288,204 $4,019,035 $4,370,669
$26,667,223 $26,148,624 $26,887,109
$2,265,000 $2,265,000 $2,100,000
$28,932,223 $28,413,624 $28 ,987 ,10~
Revenues & Expenditures Summary
General Fund Expenditures
2012 Proposed Budget
~~A~
~ ~
~(J ~
City of
heat
Revenues & Expenditures Summary
General Fund Expenditures
26
.. • ',
~of WheatRLdge
idge
20121
30-303-800-864
30-303-800-884
30-303-800-892
30-304-800-843
30-304-800-844
30-305-800-811
30-603-800-864
30-610-700-725
30-610-700-755
30-610-700-724
30-610-800-801
30-61 0-800-811
30-61 0-800-814
30-610-800-872
30-610-800-873
30-306-800-802
Lodger's Tax
Grants
Interest
DPW DRAINAGE
Misc. Drainage Improvements Projects
Arvada Channel Improvements
Minor Street Improvements Projects
32nd & Youngfield improvements
Kipling pedestrian improvements
Wadsworth bike/ped trail
Bike/Pedestrian Master Plan
Public Improvement Projects, Dev. Related
Street Lights, Installation of Approved Lights
Preventative Maintenance Projects
Revitalization
AMENDED 9-21-11
2010 2011 2011 2012 2013 2014 2015 2016
ACTUAL ADOPTED ESTIMATED PROPOSED PROPOSED PROPOSED PROPOSED PROPOSED
$0 $72,500
$0 $0
$8,654 $0
$2,250 $780,000
$24,942 $0
$18,282 $100,000
$0 $0
$1,078,150 $2,007,500
$150,000
$2,199,000
$30,000
$0
$0
$2,835,000
$0
$0
$115,000
$0
$500,000
$0
$0
$0
$0
$0
$120,000
$0
$0
$0 $0
$0 $0
$0 $0
$0 $0
$0 $0
$125,000 $125,000
$0 $0
$0 $0
2019 2020
PROPOSED PROPOSED
$0 $0 $0 $0
$0 $0 $0 $0
$0 $0 $0 $0
$0 $0 $0 $0
$0 $0 $0 $0
$130,000 $135,000 $140,000 $145,000
$0 $0 $0 $0
$0 $0 $0 $0
$0 $0
181
OPEN SPACE
FUND32
32-520-00-539
32-520-00-540
32-550-00-555
32-520-00-564
lil-580-00-581
32-580-00-588
32-590-00-591
32-601-800-809
32-601-800-862
32-601-800-864
32-601-800-865
32-601-800-866
32-601-800-867
32-601-800-863
32-601-800-868
32-601-800-877
32-601-800-870
32-601-800-871
32-601-800-872
32-601-600-602
32-601-600-610
32-601-600-614
32-601-600-620
32-601-600-622
32-601-600-625
32-601-600-630
32-601-890-891
32-601-890-892
State of Colorado Grant
State Historic Fund
Baugh House
GOCO Grant
Parle Development (Discovery Parle)
Wildlife Viewing Boardwalk
Jefferson County Open Space Tax
Developer Fees
Jefferson Coun!lf Joint Venture Grant
Parle Development (District II Parle)
Parle Acquisition (Martensen)
Parle Development (Discovery Parle)
Wildlife Viewing Boardwalk
CDBG Funds -Playgrounds
Interest Earnings
Miscellaneous Fees
Transfers from General Fund
Acquisitions
Martensen Elementary School site
Development Projects
Wildlife Viewing Platform/Boardwalk
Baugh House Restoration
District II Parle Development ·
Parle Site Development (Discovery Parle Phase I and II)
PW!Parlcs Operations Facility
Sign Fabrication Parks/Open Space
Playground Replacement CDBG 1 Public Art Project Rotary Donation -· Off Leash Dog Parle
Discovery Parle Phase Ill
Kipling Pedestrian Improvements Grant Match
Subtotal
Maintenance Projects
Open Space Improvements
Parle Maintenance Projects
Trail Replacement/Repair
Subtotal
Park Maintenance Staff
Salaries
Overtime
Standby Pay
FICA
Medical/Dental
Medicare
ICMA Retirement
Subtotal
General Fund
Transfer
Recreation Center
Transfer
$0
$0
$550,000
$90,000
$0
$1,622
$112,484
$146,876
$91,166
$0
$1,189,634
$14,955
$16,100
$199,151
$0
$0
$0
$339,634
$1,245
$1,616
$20,375
$52,465
$4,765
$13.585
$433,685
$0
$0 $0 $0
$0
$885,000 $885,000 $885,000 $885,000 $885,000
$0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0 $0 $0
$275,000 $275,000 $0 $0 $0 $0 $0 $0
$0 $0 $0 $0 $0 $0 $0 $0
$199,151 $199,151 $0 $0 $0 $0 $0 $0
$2,500 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000
$3,000 $3,000 $3,000 $3,000 $3,000 $3,000 $0 $0
$0 $0
$16,492 $0 $0 $0 $0 $0 $0
$4,614 $46,016 $0 $0 $0 $0 $0 $0
$0 $0 $120,000 $50,000 $0 $0 $0 $0
$173,812 $174,389 $0 $0 $0 $0 $0 $0
$0 $0 $100,000 $0 $0 $0 $0 $0
$24,900 $24,200 $50,000 $90,000 $50,000 $0 $0 $60,000
$0 $0 $0 $0 $0 $0 $0 $0
$10,000 $10,000 $0 $0 $0 $0 $0 $0
$25,000 $25,000 $22,000 $0 $0 $0 $0 $0
$1,030,000 $1,008,551 $0 $0 $0 $0 $0 $0
$345,571 $345,571 $355,939 $0 $0 $0 $0 $0
$1,292 $1,292 $3,000 $0 $0 $0 $0 $0
$0 $238 $2,000 $0 $0 $0 $0 $0
$21,425 $21,425 $22,068 $0 $0 $0 $0 $0
$59,874 $59,874 $62,376 $0 $0 $0 $0 $0
$5,011 $5,000 $5,161 $0 $0 $0 $0 $0
$13.823 ~13,823 $14,238 ~ ~ ~ ~ ~
$446,996 $447,223 $464,782 $500,000 $515,000 $545,000
271
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~ • 4
.. "' _ ... Cityof
p WheatRi_dge
ITEM NO:~
DATE: September 26, 2011
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 30-2010 - A RESOLUTION APPROVING
A 3-LOT MINOR SUBDIVISION PLAT WITH RIGHT-OF-
WAY DEDICATION ON PROPERTY ZONED MU-C
LOCATED AT 7340 W . 44TH AVENUE (CASE NO. MS-11-02)
[g) PUBLIC HEARING
0 BIDS/MOTIONS
[g) RESOLUTIONS
ISSUE:
D ORDINANCES FOR 1ST READING
0 ORDINANCES FOR 2ND READING
The applicant, Weston Development Solutions, on behalf of Renewal Wheat Ridge, is requesting
approval of a 3-lot minor subdivision plat with right-of-way dedication on property zoned MU-
C. The property is located at the southeast comer ofW. 44th Avenue and Wadsworth with a
current address of7340 W. 44th Avenue. The purpose ofthe request is to create three new lots,
along with new public streets, to allow for mixed-use redevelopment of the site. Subdivision
plats for five lots or less follow the minor subdivision process. Since this minor subdivision
includes right-of-way dedication, City Council is the final authority for approval.
PRIOR ACTION:
The Planning Commission recommended approval of the subdivision request at a public hearing
on August 4, 2011. Minutes from the public hearing are attached.
FINANCIAL IMPACT:
Approval of the plat will enable redevelopment of a vacant site in an urban renewal area.
Building permit fees and use tax will be collected for any future private development within the
subdivision area.
Council Action Form
September 26, 2011
Page2
BACKGROUND:
The property is zoned MU-C and currently contains three parcels totaling 7.8 acres. It has
frontage on both W. 44th Avenue and Upham Street. The majority of the surrounding area is
zoned MU-C. To the east of the site, across Upham Street lies a residential neighborhood zoned
R-2.
The site is currently vacant. The City's Urban Renewal Authority, Renewal Wheat Ridge
(RWR), acquired the properties in 2008 and 2009. At the time, the land contained a vacant lot, a
large parking lot, an old transmission shop and a large antique store. The tenants of the retail
store relocated and the building was demolished in the past year. The vacant transmi ssion shop
was also recently demolished.
RWR purchased the site with the intent to develop it in accordance with the City 's plans for the
area, which call for higher-density, mixed-use development as part of the Wadsworth Mixed Use
Town Center. RWR hired Weston Solutions to oversee entitlements and master development of
the site. The proposed future buyer of the newly-created Lot 2 has submitted a Site Plan
application for a new senior apartment complex, which is currently under review by staff for
compliance with zoning. At this time, there are no end users or development plans for Lots 1 and
3 on the subdivision plat, but it is anticipated that RWR will sell these lots for future
commercial/retail development.
The proposed plat will create three new lots to be developed in accordance with the MU-C
zoning and the recorded Concept Plan. Lot 2 is anticipated for multifamily residential
development and Lots 1 and 3 are anticipated for future retail, commercial , or mixed-use
development. Approval of the subdivision will allow the City to issue building permits on the
new lots. It will also dedicate right-of-way for the extension of Vance Street and W. 44th Avenue.
The application has been through a standard City and outside agency referral process. No issues
of concern have been raised.
The Planning Commission staff report and minutes are attached for additional background on the
application.
Waiver of Park Land Dedication
The subdivision regulations require the dedication of 0.016 acres of public park land for each
new residential unit. Because Lot 2 is anticipated to be developed with 88 senior housing units,
this would require the dedication of 1.4 acres for a public park, or payment of a fee-in-lieu of
park land dedication that is equal to the market value of 1.4 acres.
The subdivision regulations allow a developer to submit a request for a reduced amount of park
land based on the specifics of a proposed development, including private amenities provided on
site. For this subdivision, Renewal Wheat Ridge has requested a waiver of park land dedication
and the fee-in-lieu for the following reasons :
Council Action Form
September 26, 2011
Page 3
• The City 's plans call for higher-density, mixed use development in an urban form that
does not support a large dedication of park land.
• The proposed residential development, which triggers the park land requirement, will
provide a variety of amenities on-site for its residents , including a community garden,
small dog park, a large covered patio, balconies, and indoor recreation/leisure areas.
• There will be a new public space, 0.15 acres (about 6,500 SF) provided on Lot 3 when it
is developed, as is required by the approved Concept Plan.
On July 20, the Parks and Recreation Commission made a motion to waive the park land
dedication but recommended a reduced fee-in-lieu, totaling $25 ,000, amortized over five years.
The subdivision application presented to City Council proposes that there be no park land
dedication and no fee-in-lieu.
RECOMMENDATIONS:
Staff recommends approval of the subdivision application for the following reasons:
1. All requirements of Article IV of the zoning and development code have been met.
2. It will facilitate development of the site in compliance with the approved Concept Plan
and Mixed Use-Commercial zoning district.
RECOMMENDED MOTION:
"I move to approve Resolution No. 30-2010, a resolution approving a 3-lot minor subdivision
plat with right-of-way dedication on property zoned MU-C located at 7340 W. 44th Avenue
corresponding to Case Number MS-11-02 for Weston Solutions on behalf of Renewal Wheat
Ridge."
Or,
"I move to postpone indefinitely Resolution No. 30-2010, a resolution approving a 3-lot minor
subdivision plat with right-of-way dedication on property zoned MU-C located at 7340 W. 44th
Avenue corresponding to Case Number MS-11-02 for Weston Solutions on behalfofRenewal
Wheat Ridge, for the following reason(s) "
REPORT PREP AREDIREVIEWED BY:
Sarah Showalter, Planner II
Kenneth Johnstone, Community Development Director
ATTACHMENTS:
1. Resolution No. 30-2010
2. Subdivision Plat
3. Approved Concept Plan
4. Planning Commission minutes
5. Planning Commission staff report
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 30
Series of 2011
TITLE: A RESOLUTION APPROVING A 3-LOT MINOR
SUBDIVISION PLAT WITH RIGHT-OF-WAY DEDICATION ON
PROPERTY ZONED MU-C LOCATED AT 7340 W . 44TH
AVENUE (CASE NO. MS-11 -02)
WHEREAS, Chapter 26 , Article IV of the Wheat Ridge Code of Laws establishes
the procedures for the City's review and approval of requests to subdivide and plat land ;
and
WHEREAS, an application has been received from Weston Development
Solutions on behalf of Renewal Wheat Ridge for approval of a 3-lot minor subdivision
plat with right-of-way dedication known as Town Center North ; and
WHEREAS, the proposed subdivision plat was referred to all necessary internal
and external referral agencies; and
WHEREAS, the proposed subdivision plat dedicates all necessary rights of way
and easements; and
WHEREAS, the City Council has determined that a waiver of the parkland
dedication fee is in the best interests of the City; and
WHEREAS, the subdivision plat was reviewed and recommended for approval
by the Planning Commission at a public hearing on August 4 , 2011 .
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat
Ridge as follows :
THE SUBDIVISION PLAT KNOWN AS THE TOWN CENTER NORTH PLAT IS
HEREBY APPROVED FOR THE FOLLOWING REASONS:
1. All requirements of Article JV of the zoning and development code have been
met.
2 . It will facilitate development of the site in compliance with the approved Concept
Plan.
DONE AND RESOLVED by the City Council this 261h day of September, 2011 .
Jerry DiTullio , Mayor
ATTEST:
Michael D. Snow, City Clerk
Attachment 1
TOWN CENTER NORTH CONCEPT PLAN
AN OFFICIAL CONCEPT PLAN IN THE CITY OF WHEAT RIDGE
BEING A PART OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH
LEGAL DESCRIPTION:
A tract of land being those tracts of land recorded ot Reception No. 2008036966,
Reception No. 2008036968, Reception No. 2009024759, Reception No. 2009083768, and a
portion of Lots 3 and Lot 4, Time Square Subdivision in the City of Wheat Ridge,
PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO
Jefferson County, Colorado as recorded under Reception No. 82081495 of the records of
said Jefferson County, located in a portion of the West half of the Northeast quarter of
the Northwest quarter of the Southeast quarter (Wl/2 NEI/4 NWl/4 SEl/4) and the
East half of the Northwest quarter of the Northwest quarter of the Southeast quarter
(El/2 NW1/4 NWl/4 SEl/4) of Section 23, Township 3 South, Range 69 West of the 6th
P.M., Jefferson County. Colorado, being more particularly described os fo!!ows:
COMMENCING at the Northwest corner of the Southeast quarter (SEl/4) of said Section
23;
thence 555"44'20"£ a distance of 1165.08 feet to the TRUE POINT OF BEGINNING at the
intersection of the South line of the North half of the Northwest quarter of the Southeast
quarter (Nl/2 NWl/4 SEl/4) with the West right-of-way line of the fifty (50) foot wtde
Upham Street;
thence SB9"40'45"W on said South line, o distance of 632 34 feet to the Southwest
corner of said £1/2 NWl/4 NWl/4 SE1/4;
thence N00"11'QQ"W on the West line of said El/2 NWl/4 NW1/4 SEl/4 and the West
line of said Lot 3, a distance of 424.89 feet to the West end of the adjusted lot line
described at Reception No. F0460 102 of the records of said Jefferson County;
thence N89"41'34"E on said adjusted lot line, o distance of 291.05 feet to a point
thirty-seven and one-half (37.50) feet West of the East line of said Lot 3 and Lot 4 as
measured perpendicular thereto;
thence N00'11 '59"W parallel to said East line, o distance of 1 83.82 feet to o point
fifty-two and one-half {52.50) feet South of the North line of the Southeast quarter
(SE1 /4) of said Section 2.3 as measured perpendicular thereto;
thence SB9"41'34"W parallel to said North line, o distance of 290.99 feet to the West line
of said Lot 4;
thence NOD" 11'00"W on said West line, o distance of 14.00 feet to the South
right-of-way line of 44th Avenue and o point which is thirty-eight and one-half (.38.50)
feet South of said North line as measured perpendicular thereto;
thence N89"41'34"E parallel with said North line and on said South right-of-way line, a
distance of 328.49 feet to the Northeast corner of said Lot 4;
thence S00"11'59"E on the East line of said Lot 4, o distance of 8.50 feet to the
Southwest corner of the tract of land described at Reception No. 87085220 of the
records of said Jefferson County, the following three (3) courses are on the Southerly line
of said tract of land;
thence: 1.) N89"41 '34"[ a distance of 20.00 feet;
2.) N42"44'15"E a distance of 19.16 feet;
3.) N89"41'.34"E a distance of 60.00 feet to the Southeast corner of ~aid tract of land;
thence N00'11 '59''W on the East line of said tract of land, o distance of 3.00 feet to
the South right-ot-way line of 44th Avenue and a point which is thirty (30.00) feet
South of North line of said SEl/4 as measured perpendicular thereto;
thence N89"41'34"E parallel with said North line and on said South right-of-way line, o
distance of 210.44 feet to said West right-of-way line of Upham Street;
thence SOO't2'5B"E on said West right-of-way line, o distance of 631.05 feet to the
TRUE POINT Of BEGINNING and containing 7.852 acres (.342,034 square feet) of land, more or le:s.
Prepared by:
John L Bailey PLS I 19586
June 27, 2011
FLOOD PLAIN CERTIFICATION:
THIS PROPERTY DOES NOT LIE WITHIN A FLOOD PLAIN AREA, SAID PROPERTY IS IN ZONE X,
PER FIRM MAP No. 08059C0214 E, OATEO JUNE 17, 2003 BY THE FEDERAL EMERGENCY
MANAGEMENT AGENCY.
DEVELOPMENT CRITERIA:
AREA OF OEVELOPMENT' TOTAL LOT AREA -7.852 ACRES (342,034 S.F.)
MAXIMUM BUilDING AND HARDSCAPE COVERAGE' SITE PlAN TO CONFORM TO MU-C CRITERIA
MAXIMUM BUILDING HEIGHT: SITE PLAN TO CONFORM TO ~U-C CRITERIA
BUILOING ORIENTATION' BUilDINGS ARE ANTICIPATED TO FRONT VANCE ST.
AND BE IN CONFORMANCE TO THE MU-C DESIGN CRITERIA,
WHICH ENCOURAGES BUILDINGS TO 8£ PLACED CLOSE TO
THE STREET, WITH PARKING BEHIND.
FlNAL BUILDING CONFlGURATION TO BE IDENTIFIED DURING
SITE PlAN PROCESS.
FENCING: ALL FENCING SHALl BE IN CONFORMANCE WITH SECTION
26-603 OF THE WHEAT RIDGE CODE OF lAWS.
SIGNAGE: ALL SIGNAGE SHAll BE IN CONFORMANCE WITH ARTICLE
VII OF THE WHEAT RIDGE CODE OF LAWS.
LIGHTING: All EXTERIOR UGHTING SHALL BE IN CONFORMANCE WITH
SECTION 26-503 OF THE WHEAT RIOGE COOE OF lAWS.
LANOSCAPING' LANDSCAPING SHALL BE PROVIDED IN ACCOROANCE WITH MU-C
ZONE CRITERIA IN ADDITION TO THE OPEN SPACE REQUIREMENTS
BLOCK SIZE: THE MAXIMUM PERIMETER OF THE NEW BLOCK CONTAINING LOTS
I AND 2 SHALL NOT EXCEED 1700 FEET
P.O.C
CTR . .1 4
,_ ,_,
-------BASIS OF BEARINGS------~
N89.41'34"E 2627.84" 131.392"
656.96' 656 96'
.328.48' .328.48' .325.48" .328.48'
LOCATION MAP
131.3.92"
WEST 44\h AVENUE
SEC. 23____/
HE1/4S£1/4.SECOON2J
1.315 . .39'
26.30.8.3'
5£1/4SE1/4.5[CTlON2J
1316.67'
,.
WEST 38\h AVENUE
·· ..
w u a:: w a:
26.33.74' SE C. 2.3_.............
SOUTHEAST QUARTER OF SECTION 23
SCALE: 1 "-400"
EASEMENT AND RIGHT -OF -WAY DEDICATIONS:
REQUIRED EASEMENT AND RIGHT-OF-WAY DEDICATIONS REPRESENTED HEREIN ARE ANTICIPATED TO BE
CONVEYED BY PLAT.
SITE
LOT f
I
2
3
DATA TABLE:
USE
RETAIL
MULTI FAMILY
RESIDENTIAL
MIXED USE
COMMERCIAL/
OFFICE
ANTICIPATEO ~
IMPERVIOUS
60% -90%
80% -90%
85% -95%
INCLUOES OETENTION/WATER QUALITY
FACILITY
N/A
N/A
CALL 1-800-922-1987. 2-BUSINESS DAYS IN ADVANCE
BEFORE YOU DIG, GRAOE OR EXCAVATE FOR
MARKING OF UNDERGROUND MEMBER UTILITIES
WESTON SOLUTIONS, INC ASSUMES NO RESPONSIBILITY FOR UTILITY
LOCATIONS. THE UTIUTIES SHOWN ON THIS DRAWING HAVE
BEEN PLOTIED FROM THE BEST AVAILABLE INFORMATION. IT IS,
HOWEVER. THE CONTRACTORS RESPONSIBILITY TO FIELD VERIFY
THE LOCATION OF ALL UTIL!TlES PRIOR TO THE COMMENCEMENT
OF ANY CONSTRUCTION.
SITE PLAN CHARACTER AND ZONE COMPLIANCE:
The focus of this concept pion application is to provide a general development outline for the
redevelopment of existing lots thot ore currently owned by Renewal Wheat Ridge.
The site's overall vision is to be a pedestrian-friendly urban center, providing civic and commercial
services to the local community. The area was recently rezoned to Mixed Use -Commercial {MU-C).
The de11elopment is planned to move forward in a manner that is consistent with that established criteno.
Development will occur in phases. os the individual lots created in conjunction with this concept and
subsequent subdivision are sold and developed independently, in conformance with the City's Site Plan
process.
Adjacent public streets (W. 44th Avenue to the north and Upham St. to the east) ore planned to be
improved to current standards with amenity zones and detached sidewalks. Undergrounding of the
overhead utility lines on these public street frontages is currently planned to occur by Wheat· Ridge Public
Works.
Details regarding the final configuration of the identified lots ore intentionally omitted from this Concept
Plan in the interest of providing flexibility in future use ond design. Requirements of the future
development as related to access, drainage, open space and zoning ore addressed in general herein.
DRAINAGE CONSIDERATIONS:
A Final Drainage Report will be provided in conjunction with the planned Subdivision Application. Detention
and Water Quality requirements for Lot I, Lot 2, and most of Lot 3 will be accommodated in a Regional
Facility that will be constructed on the eastern portion of Lot 1. The facility utilized on Lot 1 moy be on
underground facility in order to maximize developable areo. A portion of Lot J, approx.imotely 0.54 acres
on the western edge, will not be included in the Regional Facility and will need to provide required water
detention and quality on-site. The facilities utilized on lot J shall be designed to preserve developable
land through the use of sustainable storm water management techniques including, but not limited to,
bioswo!es, pervious pavers, ond/or roin gardens. The final design for storm water detention ond water
quality for this portion of Lot J will need to comply with the Final Droinoge Report and is subject to
approval by the Department of Public Works. All drainage improvements will be developed in conjunction
with Urbon Drainage guidelines.
OPEN SPACE CONCEPTS:
Open space will be considered from on aggregate perspective for the total development orea. Open spoce
will meet at a minimum the requirements found in the MU-C zone district. 1o help meet these
requirements. it is anticipated open space will be provided os follows
Lot 1 -Will entail green space associated with the perimeter area of the planned
detention/water quality facility.
Lot 2 -Will provide for on approximate 0.11 acre park/community garden oreo.
Lot 3 -Will provide for o park space or plaza of approximately 0.15 ocres which will be
integrated appropriately based on the final identified use of the lot at the time of its
development. This open space will be of high-quality design and serve os on amenity and focal
point for the entire development orea.
These open space items are provided in addition to open space thot is developed incidentally with the
use of modem design principles in mixed use environments.
TRAFFIC CIRCULATION:
Future development should connect the street network generally in a grid fashion with pedestrian-friendly
design, including sidewalks and amenity zones on all new streets. Internal traffic circulation will primarily
occur via the Vance St. extension south of its existing alignment at W. 44th Ave. It is anticipated thot o
traffic signal will be constructed as port of the final configuration of the subdivision at the Vance St/W.
44th Ave. intersection. On the south edge of the development, W. 43rd Ave. will be constructed to provide
direct access between Vance St. and Uphom St.
A private street connection between the existing access across the 1st Bonk lot ond Vance St. will be
encouraged with the final configuration of Lot 3, although several design options ex.ist that will allow for
flexibility in future site plans for thot lot. The existing north/south access an the western edge of Lot 3
will remain operational until it is integrated appropriately with the final site pion of Lot 3. A temporary
access providing vehicular movement eost/west across Lot J will be provided to allow commercial traffic
from the development to the south access to Upham St.
The Vance St. Right-of-Way has been extended to the southern boundary of the development for
potential future extension to the south. A southern extension of Vance St. ond/or connection to the
existing commercial center is not planned with this development but is encouraged for other future
development to the south.
POTENTIAL PHASING AND USES:
Development on the site will be phased based on the development of individual lots. Site Plans identifying
the development details of each lot will be provided by individual users in conformance with the City's
established zoning criteria, this Concept Plan, and the existing Site Plan process. Architectural elements
ond development of individual lots ore not intended to be reviewed os port of this Concept Plan. The
STJmmory of phasing included below is provided to shore the anticipated path forward with future pod site
development.
10,000 SF of retail that benefits from either prox.imity to ex.isting foot traffic and/or visibility
from W. 44th Ave.
Includes stormwoter detention/water quo!ity facility for the subdivision.
Parking will be surface-parked.
97 Unit (maximum) Senior Housing Comple~.
Parking wil! be surface-parked.
Includes green space as identified above.
Potentia! SOK SF commercial/office or potential retail use.
Prior to Site Pion review and development of Lot 3, on amendment to this Concept Plan showing building
orientation and circulation for Lot 3 shall be required.
N.T.S.
OWNERS CERTIFICATE:
THE BELOW SIGNEO OWNER(S), OR LEGALLY OESIGNATEO AGENT(S)
THEREOF, DO HEREBY AGREE THAT THE PROPERTY LEGALLY DESCRIBED
HEREON WILL BE DEVELOPED IN ACCORDANCE WITH THE RESTRICTIONS
AND CONDITIONS CONTAINED IN THIS PLAN, AND AS MAY OTHERWISE
8£ REQUIRED BY LAW. I (WE) FURTHER RECOGNIZE THAT THE APPROVAL
OF THIS CONCEPT PLAN DOES NOT CREATE A VESTED PROPERTY RIGHT.
VESTED PROPERTY RIGHTS MAY ONLY ARISE AND ACCRUE PURSUANT TO
THE PROVISIONS OF SECTION 26-121 OF THE WHEAT RIDGE CODE OF
LAWS.
RICK C. ADAMS
CHAIRMAN OF WHEAT RIDGE URBAN RENEWAL AUTHORITY
STATE OF COLORADO )
) ss
COUNTY OF JEFFERSON )
THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS
__ OAY OF ____ ,, A.D. 2011 BY ______ _
WfTNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES'
NOTARY PUBUC
CITY CERTIFICATION:
:cic;~~VEO THIS _ DAY OF _____ , 2011 BY THE CITY OF WHEAT
ATIEST:
CITY CLERK MAYOR
DIRECTOR OF" COMMUNITY DEVELOPMENT
COUNTY CLERK AND RECORDERS
CERTIFICATE:
STATE OF COLORADO ) ) ss
COUNTY OF JEFFERSON )
I HEREBY CERTIFY THAT THIS PLAN WAS FILED IN THE OFFICE OF
THE COUNTY CLERK AND RECORDER OF JEFFERSON COUNTY AT
GOLDEN, COLORADO, AT O'CLOCK M. ON THE
DAY OF --,2011 A.D., in
BOOK __ , PAGE ___ , RECEPTION No. ______ _
JEFFERSON COUNTY CLERK AND RECORDER
gy,~OE~PU~TY,_------------
APPLiCANT:
WESTON SOLUTIONS, INC. ON BEHALF OF RENEWAL WHEAT RIDGE
NICHOLAS MOORE, P.E.
SENIOR PROJECT ENGINEER
WESTON SOLUTIONS, INC. (WESTON)
1125 KELLY JOHNSON BLVD., SUITE 300
COLORADO SPRINGS, CO 8Cl920
nicholos.moore@westonsolutions.com
CASE HISTORY:
WCP-11-01
MS-11-02
WZ-10-07
MS-82-09
MS-81-09
WZ-81-19
WZ-77-22.
Attachment 3
1r• RENEW~~
WI-HEAT
RIDGE
ARCHITECT /ENGINEER SEAL
CLP
~1-UI>/IIIAL
'Jj.:. ~~ l 1
CLP
2 Rr-.":\J=!~l("-11.1
G/2-;"jTl
CLP
' FC'J3MlrAL
7 /I 4/11
CLP
' FESJa~HrAL
7 /2":../ I I
SYM REVISION BY/OATE
DESIGNER PROJ. MGR.
NM
CHECKED BY A E PROJ. MGR.
ORAFTER DATE
CLP 5/23/11
PROJECT TITLE
TOWN CENTER NORTH
CONCEPT PLAN
W.O./D.O. NUMBER
CASE NUMBER
WCP-11-01
CADD FILE
CottCEPTPI.AH.dq
DRAWING TITLE
TOWN CENTER NORTH
CONCEPT PLAN
DRAWING SCALE
AS NOTED
DlSCIPUNE DWG NO.
C-1
SHEET Of
40' 0 40' 80' -----SCALE: 1'=40'-0'
TOWN CENTER NORTH CONCEPT PLAN
AN OFFICIAL CONCEPT PLAN IN THE CITY OF WHEAT RIDGE
BEING A PART OF THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH
PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO
EXISTING
1ST BANK
4 STORY
BRICK BUILDING
F.F.~5408.80 /
4350
WADSWORTH BLVD
ZONE MU-C
10' PUBLIC SERVICE COMPAN~ . ;
OfCOLOIWJOEASEMl:_NT-.~· .
R[C N0.-06033561 / . : /><> ,· .. '-~-....:
EXISTING AMICIS
RESTAURANT
ZONE R-C
AND C-1
ZONE
C-1
LOT 3
120,879 S.F.
OR
2.775 ACRES
(ESTJMA TED 50,000 SF)
MIXED USE
COMMERCIAL/OFFICE
ZONE MU-C
I
I
I
,-J
LOT 2
97,951 S.F.
OR
2.24-9 ACRES
LONE
R-C
97 MAX. UNIT SENIOR HOUSING
ZONE MU-C
STORNWATIR VII
EASENENT/i
(WIOTHVAR!ES) I
I
I
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I
6' SIDEWALK
J.l •
UTlUTY AND ·-
DRAINAGE ]
EASOIOO I •
I
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I
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~• S89'40'45"W-6.l2.~' ---T ---"--;:-SIDEW"-" ~
CL of PuBuc srnv1cE co~PANY \ 6 BUFFER/AioiENmES POINT OF,
OF COLO NO WIDTH GIVEN
BOOK 1456 PAGE 510 ~EXISTING RESIDENTIAL BEGINNING
ZONE R-2
I 5 PUBLIC SE~CE COMPANY Of COLORADO EASEMENT
I ---m I
~~
'> :~
"I"' ~.:-4 ........
~ . .,
lai ,c
;8
J
ZONl
R-C
-..........._ WEST SlOE OF UPHAM ST.
-...........___ TO BE IMPROVED
TO CURRENT STANO,.,ROS.
ZONE
R-2
;o
"'"' ZONE !!lx
R-2 ~in z::! ::!z >"
ZONE R-O:·w:--R-2
12.51-
ZONE
R-2
ZONE
R-2
ZONE
R-2
t RENEWAL ·· -w&u::.Af--
RIDGE
1125 Kelty Johnson Blvd, #300
~~:~~~~%)2~Ki~~9 co ao92o
ARCHITECT/ENGINEER SEAL
:;J3MtT-i\l
P:C::-::::LIBMITTJI.L
SYM REVISION
DESIGNER PROJ. MGR.
NM
CHECKED BY A-E PROJ. MGR.
DRAFTER DATE
ClP 5/23/11
PROJECT nTLE
TOWN CENTER NORTH
CONCEPT PLAN
W.0./0.0. NUMBER
CASE NUMBER
WCP-11-01
CADD FILE
CotiCEPTPI.AN.dwq
DRAWING TITLE
TOWN CENTER NORTH
CONCEPT PLAN
DRAWING SCALE
I" = 4D'
O!SCIPUNE OWG NO.
C-2
SHEET OF
.... ~,,
.. J ,. City of JP"\Vheat~ge
PLANNING COMMISSION
Minutes of Meeting
August 4, 2011
1. CALL THE MEETING TO ORDER
The meeting was called to order by Chair BUCKNAM at 7:00p.m. in the City
Council Chambers of the Municipal Building, 7500 West 291h Avenue, Wheat
Ridge, Colorado.
2. ROLL CALL OF MEMBERS
Commission Members Present:
Staff Members Present:
Anne Brinkman
Alan Bucknam
Marc Dietrick
Tracy Guildner
Dick Matthews
Scott Olun
George Pond
Steve Timms
Meredith Reckert, Sr. Planner
Tim Paranto, Director ofPublic Works
Ann Lazzeri, Recording Secretary
3. PLEDGE OF ALLEGIANCE
4. APPROVE THE ORDER OF THE AGENDA
5.
It was moved by Commissioner MATTHEWS and seconded by
Commissioner TIMMS to approve the order of the agenda. The motion
carried 8-0. ·
APPROVAL OF MINUTES-June 16, 2011
It was moved by Commissioner MA ITHEWS and seconded by
Commissioner TIMMS to approve the minutes of June 16, 2011 as presented.
The motion carried 6-0 with Commissioners Dietrick and Guildner
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)
No members of the public wished to speak at this time.
Planning Commission Minutes August 4, 20 II
Attachment 4
1.
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7. PUBLIC HEARINGS
A. Case No. MS-11-02: An application filed by Weston Solutions for a 3-lot
minor subdivision plat with dedications on property zoned Mixed Use
Commercial (MU-C) and located at approximately 7340 West 44th
Avenue.
This case was presented by Meredith Reckert. She entered all pertinent
documents into the record and advised the Commission there was jurisdiction to
hear the case. She reviewed the case file and digital presentation. Staff
recommended approval for reasons, and with a condition, as outlined in the staff
report.
Steve Art
Economic Development and Urban Renewal Manager
Mr. Art stated that Renewal Wheat Ridge, the city's urban renewal authority, has
reviewed the subdivision and fully concurs with staff recommendatio ns.
Chair BUCKNAM opened the public hearing and asked to hear from members of
the public.
Rebecca Zachmeier
4200 Upham
Ms. Zachmeier wanted to know what drainage will look like and expressed
concern about above-ground detention. She expressed concern about the senior
housing project and stated that she would like to see more home ownership
properties in the city.
Joseph Sadar
4355 Teller
Ms. Sadar wanted to know more details about the senior housing project. Ms.
Reckert explained that the plans are presently under administrative review and
citizens may come to the Community Development Department to see them.
Judy Capra
4290 Teller
Ms. Capra stated that she was surprised to hear the senior housing project had
been approved. She believed Lot 2 is not large enough to accommodate 88 units
and should be larger. She was opposed to a waiver of park land dedication.
Myrna Shaw
4195 Teller
Ms. Shaw expressed concern about street allotments that would encourage drivers
to speed. Also, increased traffic in the area would affect safety of children in the
Planning Commission Minutes 2 August 4, 20 t I
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area. She was opposed to placing a median on Wadsworth to Vance Street
because it would have a negative impact on existing businesses.
Lorraine Neumann
4281 Upham
Ms. Neumann stated that she is now landlocked and asked if she would have a
curb cut to allow access to her property from 43rd Avenue. She also asked if the
existing trees would remain.
Gay Ann Fey
4320Upham
Ms. Fey expressed concern about 43rd Avenue going through that would result in
increased traffic. Drivers already speed in this area. A light at Vance will cause
drivers to cut through on 43rd .
Andy Horn
7175 West 42"tl Avenue
Mr. Horn expressed opposition about that 88-unit living complex for limited
income seniors because Wheat Ridge already has a glut of low-income rentals .
He understood that the use for this area would be mixed use with commercial and
believed this was a "bait and switch" by the city. The senior living complex will
not bring strong families to Wheat Ridge. He was also opposed to a median on
441h Avenue that will increase traffic congestion at Vance, Teller and Upham. A
signal at Vance will not help traffic congestion. 44th Avenue could be backed up
as far as Teller. His neighborhood already gets cut-through traffic on Teller. He
did not believe open space requirements can be met by some tables and patio
space. He expressed concern about a subdivision being approved before
development for the property is planned.
Craig Ailero
4200Upham
He stated that he was not aware that the senior housing project had been
approved. He believed that a library and DMV building was promised for the
area. He was also concerned about storm water flushing through the remediation
area for the demolished transmission shop.
Suzanne Capra
7070 West 43rd Avenue
She didn 't understand why the city is buying rentals to convert to home
ownership when this housing project will add to rental property in the city. She
expressed concern about increased traffic on Upham Street.
Steve Art reminded those present that the matter before the Commission is the
subdivision and not the ultimate development. However, he described the
proposed development that is presently under administrative review. The
apartments will not abut 43rd but will be in an L-shape that will run
Planning Commission Minutes 3 August 4, 2011
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along Vance street and the other along the northern border of the property. Only a
portion of the project that is counted toward open space is patio and open space.
An area at the north end of the property is planned for a garden area. A public
space will be required for Lot 1 when it is developed.
Ms. Reckert commented that development of the property is market-driven. The
City was working with Renewal Wheat Ridge and Jefferson County to find a
public use for the property but Jeffco decided to locate their building elsewhere.
Another development proposal was a medical clinic that also decided to locate
elsewhere. It is not known at this time who the users will be for Lots 1 and 3.
There is also a need for affordable multiple housing in the City.
John Reisma
Weston Solutions
In response to a question from Commissioner GUILDNER, Mr. Reisma stated
that the ground has been tested for contamination and everything is coming back
clean. There is also ongoing monitoring and there is no need to expedite that
monitoring before construction of a detention pond takes place. The pond will
meet all EPA standards.
In response to a question from Commissioner OHM, Mr. Paranto stated that
different scenarios have been examined for the detention pond and it was
determined that it would be placed in the northeast corner. It will initially be an
earthen pond to give the future owner of Lot 1 the right to change the
configuration if so desired. It could possibly be put underground.
For clarification, Commissioner TIMMS commented that Planning Commission
is voting on the subdivision plat and cannot make a recommendation about the
apartment plans. Further, the Commission has no jurisdiction over the proposed
44th Avenue median. Lot 2 meets minimum standards ofMU-C zoning in terms
of lot size and frontage.
In response to a question from Commissioner BRINKMAN regarding Ms.
Neumann's landlocked situation, Mr. Paranto stated that she can have a curb cut
when the street is constructed. He also commented that traffic engineers have
predicted morning and evening hour peak traffic should be eleven cars onto
Upham from the ~roposed project. The light at Vance and 44th will provide an
easy access to 44 . The intent of this light and a median on 44th is to make it a
safer street. There are presently many accidents at this location.
In response to a question from Commissioner BUCKNAM regarding the drainage
easement over a remediation site, Mr. Paranto stated that while he has not
reviewed the plans, Renewal Wheat Ridge is aware of what needs to be done
regarding stabilization of the earth to meet State Health Department requirements.
There is very little contamination dissipating today and there will be no undue
burden on future owners of the site
Planning Commission Minutes 4 August 4 , 2011
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Commissioner TIMMS stated that he would vote in favor of the application based
upon the criteria set before the Commission. He encouraged Renewal Wheat
Ridge to conduct extensive outreach to the neighborhood about whatever occurs
in the area.
It was moved by Commissioner TIMMS and seconded by Commissioner
MATTHEWS to approve Case No. MS-ll-02, a request for approval of a
three-lot minor subdivision plat with right-of-way dedication on MU-C zoned
property located at 7340 West 44 1h Avenue, for the following reasons:
1. All requirements of Article IV of the zoning and development code
have been met.
2.
3.
The utility providers can serve the property.
It will facilitate development of the site in compliance with the
approved Concept Plan.
With the following condition:
1. The applicant continue to work with the Department of Public Works
on technical drainage requirements.
Commissioner MATTHEWS stated that he would support the subdivision plat.
He expressed concern that this project looks like «piecemeal" redevelopment.
Motion carried 8-0.
8. OTHER MATTERS
A. 381h Avenue Corridor Plan Update
Ms. Reckert encouraged Commission members to attend the third and final public
meeting on the 38th Avenue Corridor Plan to be held on August 9 at the Wheat
Ridge Recreation Center.
9. ADJOU~NT
It was moved by Commissioner MATTHEWS and seconded by
Commissioner GillLDNER to adjourn the meeting at 8:22 p.m. The motion
carried 8-0.
Alan Bucknam, Chair Ann Lazzeri, Secretary
Planning Commission Minutes 5 August 4, 20 II
1.
. ' ... '.. . City of
:?"Wheat&_dge ~OMMUN i lY DEVELOrMENT
CITY OF WHEAT RIDGE
COMMUNITY DEVELOPMENT STAFF REPORT
TO: Planning Commission CASE MANAGER: Sarah Showalter
DATE OF MEETING: August 4 , 2011
CASE NO. & NAME: M S-11-02/Weston Solutions and Renewal Wheat Ridge
ACTION REQUESTED: Approval of a three lot minor subdivision with right-of-way dedication
LOCATION OF REQUEST: SE Corner ofW. 44th Avenue and Wadsworth Boulevard -7340 W. 441h Ave
APPROXIMATE AREA: 7.8 acres
PRESENT ZONING: MU-C, Mixed Use-Commercial
COMPREHENSIVE PLAN: Mixed Use Town Center/Primary Commercial Corridor
ENTER INTO RECORD:
(X)
(X)
SUBDIVISION REGULATIONS
ZONING ORDINANCE
Location Map
Planning Commiss ion
(X)
(X)
CASE FILE & PACKET MATERIALS
DIGITAL PRESENTATION
C ase MS-11-02/Weston Solutions and Renewal Wheat Ridge
Attachment 5
All notification requirements have been met; therefore, there is jurisdiction to hear this case.
I. REQUEST
The applicant is requesting approval of a three lot minor subdivision with right-of-way dedication on
property located at the southeast corner of Wadsworth and W. 44th Avenue, at the current address of
7340 W. 44th Avenue. The purpose of the subdivision is to create three new lots , along with new
public streets, to allow for mixed-use redevelopment of the site.
Subdivision plats for five lots or less follow the minor subdivision process. Since this minor
subdivision includes right-of-way dedication, City Council is the final authority for approval.
II. EXISTING CONDITIONS
The prope~ is zoned MU-C and currently contains three lots, totaling 7.8 acres. It has frontage on
both W. 44 Avenue and Upham Street. rmmediately west of the subdivision area is the First Bank
property (4350 Wadsworth Blvd), and the Panda King Restaurant (7540 W. 44th Avenue), both of
which are zoned MU-C. To the north of the site, across W. 44th Avenue, are commercial properties
zoned C-1 and R-C. South of the subdivision area there are commercial uses zoned C-1 as well as
residential uses zoned R-2. To the east of the site, across Upham Street, lies a residential neighborhood
zoned R-2.
The western half of the subdivision area was previously platted as part of the Time Square Subdivision
in I 98 I. The eastern half of the area to be subdivided (the site of the former retail store and
transmission shop) has not been officially platted .
The site is currently vacant (Exhibit 1, Aerial Photo). The City 's Urban Renewal Authority, Renewal
Wheat Ridge (R WR), acquired the s ite in 2008 and 2009. At the time, the land contained a vacant lot,
a large parking lot, an old transmission shop, and a large antique store. The tenants of the retail store
relocated and the building was demolished in the past year. The vacant transmission shop was recently
demolished.
RWR purchased the site with the intent to develop it in accordance with the City's plans for the area,
which call for higher-density , mixed-use development as part of the Wadsworth Mixed Use Town
Center. RWR hired Weston Solutions to oversee entitlements and master development ofthe site.
Weston has completed a Concept Plan, which is required by the MU-C zoning for any phased
development, for the proposed mixed use development. The Concept Plan establishes basic land-use,
design, and circulation concepts for the-site (Exhibit 2, Concept Plan). The proposed future buyer of
the newly created Lot 2 has submitted a Site Plan application for a new senior apartment complex,
which is currently under review by staff for compliance with zoning. At this time, there are no end
users or development plans for Lots I and 3 on the subdivision plat, but it is anticipated that R WR will
sell these lots for future commerciaUretail development.
III. PROPOSED SUBDMSION PLAT
The proposed plat will create three new lots to be deve loped in accordance with the MU-C zoning and
the recorded Concept Plan (Exhibit 3, Subdivision Plat). Lot 2 is anticipated for multifamily
residential development and Lots 1 and 3 are anticipated for future retail, commercial, or mixed-use
development.
Planning Commission
Case MS-11-02/We s ton Solutions and Renewal Wheat Ridge 2
Right-of Way Dedication and Street Improvements
The plat creates two new public streets -Vance Street and W. 43rd Avenue. Vance Street will be
created through the dedication of60 feet ofright-of-way extending south from W. 44th Avenue. This
width will allow for two thru-lanes, one center turn lane, and 12 feet of sidewalk/amenity z one area on
both sides ofthe street. W. 43rd Avenue will be created through the dedication of 56 feet of right-of-
way, extending west from Upham Street, which allows for a two-lane street and sidewalks/amenity
zones on both sides of the street.
Right-of-way dedications on the plat include additional width on Upham Street and W. 44th Avenue in
order to make improvements to these existing streets. Upham Street, which is on the eastern border of
the subdivision, will receive one extra foot of right-of-way. This additional width will allow for the
installation of curb and gutter, a 6 foot amenity zone/tree lawn, and a 6 foot sidewalk on the west side
of the street. On W. 44th Avenue, additional right-of-way is required in order to install improvements
at the intersection ofW. 44th Avenue and Vance Street. These improvements, required per the traffic
study completed for this development, include a deceleration lane and left turn lanes on W. 44th
Avenue. W. 44th Ave will also receive sidewalk and amenity zones, 6 feet wide each, on the side of the
street that abuts the subdivision. The proposed street improvements in the subdivision plat comply
with the City's zoning regulations and Streetscape Design Manual.
The traffic study will also require the installation of a new traffic signal at the corner of W. 44th
Avenue and Vance Street. This will include pedestrian signals and the installation of curb ramps on
the south side of W. 44th Avenue for ADA compliance. The traffic study requires installation of the
signal once one of the lots envisioned for retail/commercial development (Lot I or 3) is developed.
Ease ments
The plat includes two access easements. One, at the northern end of Lot 3, will allow for access to the
Panda King property (7540 W. 44th Avenue), which is just north of the subdivision area. The second
access easement, which is also a drainage easement, is on Lot I. It will allow Lot 2 to have its main
access off of Vance Street.
The plat includes typical 5-foot utility easements around the perimeter of the subdivision area and a
note with typical utility easement language on Sheet l.
There is also a small easement for a monument sign that will provide signage for the entire
development on the northwest corner of Lot 1. Lot 1 also contains a storm water detention easement,
which is explained in further detail below.
Storm Water Drainage
The proposed drainage design includes a regional detention and water quality facility on Lot I, which
will be located in the area shown as a I 08-foot wide storm detention easement. This facility could be a
pond or underground, depending on how Lot I is developed. Jt will provide storm water detention for
the majority of the entire subdivision area and will be maintained through a common area maintenance
agreement between the owners of Lots I, 2, and 3.
Park Land/Open Space
Each lot will have to provide open space in compliance with the MU-C zoning . The Concept Plan
requires that a public open space, 0.15 acres (about 6,500 SF) in size, is provided on Lot 3. The
subdivision regulations require the dedication of 0.016 of public park land for each new residential
unit. Because Lot 2 is anticipated to be developed with 88 senior housing units, this would require the
Planning Commission
Case MS -11-02/Weston Solutions and Renewal Wheat Ridge 3
dedication of 1.4 acres for a public park, or a fee-in-lieu of park land dedication that is equal to the
market value of 1.4 acres. The subdivision regulations allow a private developer to submit a request
for a reduced amount of park land based on the specifics of a proposed development, including private
amenities provided on site. For this subdivision , Renewal Wheat Ridge has requested a waiver of the
park land dedication and the fee-in-lieu since there are a variety of public open space amenities
provided as part of the development and those amenities are appropriate for the higher-density, urban
form of development proposed for the area. Please see Exhibit 4, Memo to Parks and Recreation
Commission, for more detail on why the park land dedication waiver is being requested (Exhibit 4 ,
Memo to Parks and Recreation Commission).
On July 20, the Parks and Recreation Commission made a motion to waive the park land dedication
but require a reduced fee-in-lieu , totaling $25,000, amortized over five years. This recommendation,
along with the applicant's request to have the entire fee waived, will be considered as part ofthe plat
public hearing by City Council, who has the finaJ authority to waive the park land dedication
requirement.
Staff concludes that the proposed subdivision pJat is compliant with Article JV of the zoning and
development code.
IV. AGENCY REFERRALS
The affected services agencies were contacted regarding their ability to serve the property. All have
indicated that they can serve the property subject to required improvements constructed by the
property owner. Specific referral responses follow.
Colorado Department of Transportation: No objections to the s ubdivision. Can serve .
Xcel Energy: Can serve.
Wheat Ridge Fire: Can serve.
Wheat Ridge Sanitation: Can serve. Existing sanitary lines serving the property must be abandoned
if they are not reused.
Wheat Ridge Water: No concerns. Can serve.
Wheat Ridge Department of Public Works: The Public Works Department has reviewed the
proposed plat and supporting technical documents. They have given preliminary approval but will
require additional documentation from the applicant regarding the drainage report.
Renewal Wheat Ridge: The proposed subdivision is in compliance with the Urban Renewal Plan.
V. STAFF CONCLUSION & RECOMMENDED MOTION(S)
Staff concludes that the proposed subdivision meets all of the requirements of Article IV of the zoning
and development code, that utility providers can serve the property, and that the proposed subdivision
plat will facilitate development of the site in compliance with the approved Concept Plan. Therefore,
staff recommends approval with the condition that the applicant continue to work with the Department
of Public Works on technical drainage requirements.
Planning Commission
Case MS-11-02/Weston Solutions and Renewal Wheat Ridge 4
OPTION A:
"I move to recommend to APPROVE Case No. MS-11-02, a request for approval of a three lot minor
subdivision plat with right-of-way dedication on MU-C zoned property located at 7340 W. 44th
A venue, for the following reasons:
1. AU requirements of Article IV of the zoning and development code have been met.
2. The utility providers can serve the property.
3. It will facilitate development of the site in compliance with the approved Concept Plan.
With the following condition:
I. The applicant continue to work with the Department of Public Works on technical drainage
requirements."
OPTIONB:
"I move to DENY Case No. MS-11-02, a request for approval of a three lot minor subdivision plat
with right-of-way dedication on MU-C zoned property located at 7340 W. 44th Avenue, for the
following reasons:
I.
2.
3."
Attachments:
I . Exhibit 1: Aerial Photo
2. Exhibit 2: Approved Concept Plan
3. Exhibit 3: Town Center North Plat
4. Exhibit 4: Memo to Parks and Recreation Commission
Planning Commission
Case MS-11-02/Weston Solutions and Renewal Wheat Ridge 5
Existing Lot
Lines
Planning Commission
Case MS-11-02/Weston Solutions and Renewal Wheat Ridge
EXHIBIT 1: AERIAL PHOTO
6
1
Case No. MS-11-02/ Weston Solutions and
Renewal Wheat Ridge
A request for approval of 3-lot Minor Subdivision with ROW
Dedication at 7340 W. 44th Avenue
City Council September 26, 2011 View looking northeast from south property line
View looking west from Upham Street
View of Upham Street looking south
2
Storm
water
easement
Access
Easements
Parkland Dedication
• Park or fee-in-lieu required for 88-unit residential
development on lot 2
• Proposed Subdivision = no park land or fee since open
space is met on-site
– 0.15 acre public space to be provided on Lot 3
– Residential development on Lot 2 includes:
• Community garden
• Dog Pak
• Large covered patio
• Indoor recreation areas
– Parks and Rec Commission recommended a reduced
fee-in-lieu ($25,000 paid over 5 years)
Agency Referrals
• Wheat Ridge Water: No response.
• Wheat Ridge Sanitation: Can serve. Existing
sanitary lines must be abandoned if they are
not reused.
• Xcel Energy: Can serve.
• WR Fire: Can serve.
• Public Works: Approved the plat.
• Renewal Wheat Ridge: the proposed
subdivision is in compliance with the Urban
Renewal Plan
Planning Commission Action
• Planning Commission reviewed the
subdivision on August 4, 2011
– Recommendation of approval
Staff conclusion/recommendation
• All requirements of the subdivision regulations
have been met.
• Utility providers can serve the property.
• It will facilitate development of the site in
compliance with the approved Concept Plan.
' j 4 ~~ .. City of
_:P"WheatR.!_dge
ITEM NO:~
DATE: September 26,2011
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPROVE PAYMENT TO ESRI INC. IN THE
AMOUNT OF $35,750 FOR THE ANNUAL LICENSE
RENEWAL FOR THE GRAPIDCAL INFORMATION
SYSTEMS
D PUBLIC HEARING
[8] BIDS/MOTIONS
D RESOLUTIONS
QUASI-JUDICIAL:
D ORDINANCES FOR 1 ST READING
0 ORDINANCES FOR 2N° READING
D YES
D~Services
ISSUE:
The Environmental Systems Research Institute, Inc. (ESRI) is a sole provider of licensing
and support ofthe City's existing Graphical Information System (GIS). Although the
company requires a three-year license agreement to receive favorable pricing, the
agreement does include a "termination for lack of funds" clause as outlined in Article 5.2.
The annual cost of the licensing and support is $35,750 which was approved in the 2011 IT
Budget.
PRIOR ACTION:
The renewal was approved by Council in 2010.
FINANCIAL IMP ACT:
$35,750 approved in the 2011 IT Budget
BACKGROUND:
The proposed annual renewal of licensing and support of the ESRI GIS is necessary to
maintain engineering, planning, land and parcel data for the City of Wheat Ridge. The City
of Wheat Ridge data is survey quality and allows for accurate planning and development of
land. The annual renewal of licensing and support will cost $35,750 as approved in the
Council Action Form
September 26 , 2011
Page 2
2010 IT Budget. This package is all-inclusive for licensing and technical support services.
It includes software upgrades and bug fixes and patches, plus technical support to
implement these software enhancements and fixes.
ESRI is the sole source for this software. The continued renewal of the annual licensing
and support contract is a strategic move to maintain and keep GIS software up to date and
provide the proper licenses to utilize the software. This will be advantageous to the City's
fnformation Technology Division allowing for proactive support and maintenance.
Staff recommends entering into a new three-year agreement to allow for favorable pricing
options and flexibility. The term, while crossing over multiple years, does have a
"termination for lack of funds " clause as outlined in Article 5 .2.
RECOMMENDATIONS:
Staff recommends approval of the renewal of the ESRI agreement and annual payment for the
GIS software, licenses and support.
RECOMMENDED MOTION:
"I move to approve payment to ESRI, Inc. in the amount of$35,750 for the annual renewal of
the Graphical Information System."
Or,
"I move to deny payment to ESRI, Inc. in the amount of$35,750 for the annual renewal ofthe
Graphical Information System for the following reason(s) "
REPORT PREP AREDIREVIEWED BY:
Michael Steinke, IT Manager
Heather Geyer, Administrative Services Director
ATTACHMENTS:
1. E SRI Quote # 25487530
SUBJECT:
DATE:
TO:.
ORGANIZATION:
FAX#:
FROM:
FAX#:
EMAil:
Number of pages transmitted
Esri Inc
380 New York Street
Redlands CA 92373
MAINTENANCE QUOTE
09/02/2011
Michael Steinke
CITY OF WHEAT RIDGE
IT DEPT
303-234-5924 PHONE #: 303-235-2824
Nicole Scott
909-307-3083 PHONE#: 888-377-4575 Ext. 1232
nscott@esri .com
(including this cover sheet): 4
QUOTATION #25487530
DOCUMENT DATE: 09/01/2011
Please find the attached quotation for your forthcoming software
maintenance term . Keeping your maintenance current entitles you to
exclusive benefits, and if you choose to discontinue your coverage, you will
become ineligible for these valuable benefits and services . All maintenance
fees from the date of discontinuation will be due and payable if you decide to
reactivate your coverage at a later date. For details regarding the
maintenance program benefits for your licensing, please visit
http://www .esri. com/maintenancebenefits.
Customers who have multiple copies of some Esri products may have the
option of supporting some of their licenses with secondary maintenance.
Please contact Customer Service to find out more about the availability of
secondary maintenance.
For information about Esri Desktop, Developer software, or Web services
terms of use , as well as purchase order terms and conditions, please visit
http://www.esri.com/legal/licensing/software-license.html.
Do you need training? You can get affordable Esri software training for your
entire organization with a subscription to Esri Virtual Campus. To find out
how, visit the campus: http://campus.esri.com/campus/catalog/subscriptions
For details about ECP discounts and waivers for non-profit users please visit
http://www. conservationgis .org/grant
If you have any questions or need additional information, please contact
Customer Service at 888-377-4575 Option 5 .
Attachment 1
• es r I e 380 New York Street
Redlands, CA 92373
Phone: 888-377-45751232
Fax#: 909-307-3083
Quotation
Date: 09/01/2011 Quotation Number: 25487530
Send Purchase Orders To:
Esri , Inc .
380 New York Street
Redlands, CA 92373-8100
Attn: Nicole Scott
CITY OF WHEAT RIDGE
IT DEPT
Please include the following remittance address
on your Purchase Order:
7500 W 29TH AVE Esri, Inc.
File #54630 WHEAT RIDGE CO 80033-8001
Attn: Michael Steinke Los Angeles, CA 9007 4-4630
Customer Number: 10602
For questions regarding this document, please contact Customer Service at 888-377-4575.
Item Qty Material# Unit Price Extended Price
10 1
Per the terms and conditions in your Esri Enterprise License Agreement, your organization is required to provide an
annual usage report. This report should detail all deployments made under this agreement for your previous term ,
and should be provided to Esri as an Excel spreadsheet.
The annual usage report must include actual license co unts by product, licensee, and location .
Please return your report via email to ela_usage_reports@esri.com.
Thank you in advance for your prompt attention to this matter.
110036
Populations of 25,001 to 50 ,000 Small Government Term Enterprise
License Agreement
Start Date: 01 /01 /2012
End Date: 12/31 /2012
35,000.00 35,000.00
1010 1 115572 750.00 750.00
ArcPad Populations of 25,001 to 50,000 Small Government Enterprise License Agreement
Start Date: 01 /01/2012
End Date: 12/31 /2012
This quotation is valid for 90 days and is subject to your Esri License Agreement. The quotation information is proprietary and may not be copied
o r released other tha n for the express purpose of system selection and purchase/license. This information may not be given to outside parties or
used for any other purpose without consent from Environmental Systems Research Institute , Inc. (Esri).
Any estimated sales and/or use tax has been calculated as of the date of this quotation and is merely provided as a convenience for your
organization's budgetary purposes. Esri reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing. If your
o rganization is tax exempt or pays state taxes directly, then prior to invoicing, your organization must provide Esri with a copy of a current tax
exemption certificate issued by your state's taxing authority for the given jurisdiction.
Issued By: Ni cole Scott Ext: 1232 (SCOTIN]
To expedite your order, please reference your customer number and this quotation number on your purchase order.
• 380 New York Street es r I• Redlands, CA 92373
Phone: 888-377-45751232
Fax#: 909-307-3083
Date : 09/01 /2011 Quotation Number: 25487530
Item Qty Material#
DUNS/CEC: 06-313-4175 CAGE: OAMS3
Quotation
Page2
Unit Price
Subtotal
Estimated Tax
Total
Extended Price
3 5,750.00
0 .00
$ 35,750.00
(SCOTIN)
• 380 New York Street es r I Gil Redlands , CA 92373
Phone: 888-377-45751 232
Fax#: 909-307-3083
Date: 09/01/2011 Quotation No: 25487530
Item Qty Material#
Customer No: 1 0602
Quotation
Page 3
Unit Price Extended Price
BY SIGNING BELOW, YOU ARE INDICATING THAT YOU ARE AUTHORIZED TO OBLIGATE FUNDS FOR YOUR ORGANIZATION. DO
NOT USE THIS FORM FOR ORDER ACTIVATION IF YOUR ORGANIZATION WILL NOT HONOR AND PAY AN INVOICE THAT HAS
BEEN ISSUED AT YOUR DIRECTION WITHOUT ADDITIONAL AUTHORIZING PAPERWORK.
If you have made ANY alterations to the line items included in this quote and have chosen to sign the
quote to indicate your acceptance, you must fax Esri the signed quote in its entirety in order for the
quote to be accepted.
If your organization is a US Federal, state , or local government agency; an educational facility; or a
company that will not pay an invoice without having issued a formal purchase order, a signed quotation
will not be accepted unless it is accompanied by your purchase order .
If you choose to discontinue your support, you will become ineligible for support benefits and services.
All maintenance fees from the date of discontinuation will be due and payable if you decide to reactivate
your support coverage at a later date.
This transaction is governed exclusively by the terms of the above-referenced contract , if any,
or Esri's standard terms and conditions at www.esri.com/legal.
In order to expedite processing, please reference the quotation number and any/all applicable Esri
contract number(s) (e.g. MPA, ELA, SmartBuy, GSA, BPA) on your ordering document.
By signing below, you are authorizing Esri to issue a software support invoice in the amount of
$ plus sales tax, if applicable .
Please check one of the following:
I agree to pay any applicable sales tax.
I am tax exempt. Please contact me if Esri does not have my current exempt information on file.
Please indicate on your purchase order if this purchase is funded through the American Recovery and
Reinvestment Act, and whether Esri is a Prime Recipient, Sub-recipient, or Vendor for reporting purposes.
Signature of Authorized Representative Date
Name (Please Print) Title
(SCOTINJ
~ I 4
" ,. City of
JP"WlieatRi_dge
ITEMNO:~
DATE : September 26, 2011
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 31-2011 -A RESOLUTION AMENDING
THE FISCAL YEAR 2011 GENERAL FUND BUDGET TO
REFLECT THE APPROVAL OF A SUPPLEMENTAL
BUDGET APPROPRIATION OF $1,000 FOR THE
PURCHASE AND INSTALLATION OF A BUS STOP BENCH
ON THE SOUTH SIDE OF 32N° AND LAMAR STREET IN
WHEAT RIDGE
0 PUBLIC HEARING
0 BIDS/MOTIONS
IZ! RESOLUTIONS
Director of Public Works
ISSUE:
0 ORDINANCES FOR 1ST READING
0 ORDINANCES FOR 2ND READING
0 YES
The City Code does not allow advertising bus benches to be placed along residentially zoned
properties. Mayor DiTullio and Cotincil Member Reinhart request that a bus stop bench be
purchased and installed at the so uthwest comer of 32"d A venue and Lamar Street.
PRIOR ACTION:
None
FINANCIAL IMPACT:
Purchase and installation of the bus stop bench at this location is estimated to cost $1,000.
Money will need to be transferred from the General Fund Reserve for this project.
V :\Forms\CAFtemplate
Council Action Form
September 26, 2011
Page2
BACKGROUND:
A bus stop bench was located at this bus stop three years ago. The new bus stop bench program
was developed to comply with the City Code, including the Sign Code. Bus benches that include
advertising signs are not allowed in residentially zoned areas of the City. Benches without
advertising can be placed at any bus stop.
RECOMMENDATIONS:
Purchase and install a bus stop bench on the south side of32"d Avenue and Lamar Street.
RECOMMENDED MOTION :
"I move to approve Resolution No. 31-2011, a resolution approving a supplemental budget
appropriation of $1,000 for the purchase and installation of a bus stop bench on the southwest
comer of32"d Avenue and Lamar Street."
Or,
"I move to table indefinitely Resolution No. 31-2011, a resolution approving a supplemental
budget appropriation of $1,000 for the purchase and installation of a bus stop bench on the
southwest corner of32"d Avenue and Lamar Street for the following reason(s):
"
REPORT PREPARED/REVIEWED BY:
Janice Smothers, Admin. Assistant to the Mayor and City Council
Reviewed by Tim Paranto
ATTACHMENTS:
1. Resolution No. 31-2011
TITLE :
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 31
Series of 2011
A RESOLUTION AMENDING THE FISCAL YEAR 2011
GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF
A $1,000 SUPPLEMENTAL BUDGET APPROPRIATION FOR
THE PLACEMENT OF A BUS STOP BENCH AT 32N° AVENUE
AND LAMAR STREET
WHEREAS, the City Council finds that it is in the best interest of the City to install
a bus stop bench on the south side of 32"d Avenue at Lamar Street.
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council :
1. The City Council authorizes amending the fiscal year 2011 General Fund Budget
to reflect the approval of a supplemental budget appropriation in the amount of
$1 ,000 and amend account 01-303-800-809 for the purchase and installation of a
bus stop bench at 32"d Avenue and Lamar Street.
2 . The City Council directs the Director of Public Works to purchase and install a
bus stop bench at 32"d Avenue and Lamar Street.
Section 1. Effective Date. This Resolution shall be effective upon passage.
DONE AND RESOLVED this __ day of _____ , 2011 .
Jerry DiTullio , Mayor
ATTEST:
Michael Snow, City Clerk
Attachment 1
• A~ -~ • " C ity of
?WlieatRi_dge
ITEM NO:~
DATE: September 26,2011
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPROVE THE ANNUAL POLICE RADIO
SYSTEM CONTRACT PAYMENT TO THE WEST METRO
FIRE PROTECTION DISTRICT IN THE AMOUNT OF
$73,181 FOR POLICE RADIO SYSTEM SERVICES
0 PUBLIC HEARING
IZI BIDS/MOTIONS
0 RESOLUTIONS
QUASI-JUDICIAL:
ISSUE:
D ORDINANCES FOR 1 ST READING
0 ORDINANCES FOR 2N° READING
D YES
In 2005 , the City of Wheat Ridge entered into an IGA with the West Metro Fire Protection
District for annual contracted radio services. These services include technical support, system
maintenance, equipment repair, a lease agreement for the Mount Morrison antenna site and
associated software and hardware costs. These services have provided significant improvement
to the department's radio infrastructUre and improved public safety in our community.
PRIOR ACTION:
These fees have been budgeted yearly by the Police Department and approved by City Council
since 2005.
FINANCIAL IMPACT:
T he total amount of these fees has been budgeted by the Police Department and approved by
City Council for the 2011 budget in account# 01-204-700-704.
RECOMMENDATIONS:
Approve the contract payment in the amount of $73,181 to the West Metro Fire Protection
District.
Council Action Form: Annual Police Ra dio System C ontract
September 26, 2011
Page 2
RECOMMENDED MOTION:
"I move to approve the annual police radio contract payment to the West Metro Fire Protection
District in the amount of $73 ,181 from account # 01-204-700-704 for police radio system
services."
Or,
"I move to deny approval for the annual police radio contract payment to the West Metro Fire
Protection District in the amount of $73 ,181 for police radio system services for the following
reason( s) "
REPORT PREPARED BY;
Daniel Brennan, Chief of Police
ATTACHMENTS;
1. Copy of invoices for 2011 Contract Services 01 /01/11 -12/31 /11
2. StaffReport
INV
\\ I -., I \I I I I{ < l
I '' • ~ 1
Bill To:
Larry Stodden
City of Wheat Ridge
7500 W 29th Avenue
Wheat Ridge , CO 80033
DATE:
FOR:
DESCRIPTION
Per Intergovernmental Agreement between the City of Wheat Ridge and West Metro Fire
Protec tion District for radio communications technical services for ca lendar year 2011 ,
consideration is now due .
The amount of $56,271 .00 for one-half man-year for te chnical support, equipment
repair facilities , utilities, test equipment, vehicle , fuel , maintenance.
The amount of $16 ,910.00 for Mount Morrison Lease Agreement
This amount covers the above listed cont ract services from January 1, 2011 thru
December 31, 2011 .
This amount does not include:
Software/Firmware maintenance agreement from HARRIS .
invoiced separately when received .
Please remit to : West Metro Fire Protection District
Finance Division
433 S . Allison Pkwy
Lakewood, CO 80226
This cost will be
THANK YOU FOR YOUR BUSINESS!
Attachment 1
TOTAL $
I E
July 3 1, 201 1
Tech Services 2011
AMOUNT
$73 ,181 .00
73 ,181.00
~ .I " ..... .-City of
~Wheat&_dge ~OLI CE DEPARTMENT
Memorandum
TO: Daniel Brennan, Chief of Police
THROUGH: Joseph Cassa, Division Commander J~
Support Services Division {/ 1! "7
FROM: Larry Stodden, Communications Manager
DATE: September 20,2011
SUBJECT: West Metro Fire Radio IGA
The IGA contract for radio technical services between the City and the West Metro Fire
Protection District outlines the costs to be shared by each entity for radio maintenance, site lease
and Harris software/firmware maintenance.
Wheat Ridge is invoiced once a year by West Metro for our cost under this agreement. Attached
is West Metro 's invoice for maintenance and site lease only in the amount of$73,181.00.
This amount does not include the Harris invoice for software/firmware maintenance, due to the
fact that we are in the middle of a radio upgrade to P25 protocol and at thi s time Harris has
decided to hold off on 2011 billing as the upgrade may add additional cost to their software
support. In the past several years, Wheat Ridge's contribution amounted to $17,025.00 per year.
According to Steve Kabelis with Lakewood, it is unknown when or if Harris will even send an
invoice to cover 2011.
In any event, this amount going before council for approval does not include the Harris software/
firmware maintenance cost, which will be submitted as a separate Council Action s hould we
receive it in the future . ·
Attachment 2
\ ~"' ~ City of •
?Wheat"Ri._dge
ITEMNO:!i_
DATE: September 26,2011
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 33-2011 - A RESOLUTION APPROVING
THE FIRST AMENDMENT TO AN INTERGOVERNMENTAL
AGREEMENT DATED MAY 25, 2011 BETWEEN JEFFERSON
COUNTY AND THE CITY OF WHEAT RIDGE, COLORADO
CONCERNING COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAMS
D PUBLIC HEARING
D BIDS/MOTIONS
rgj RESOLUTIONS
QUASI-JUDICIAL:
ISSUE:
D ORDINANCES FOR I ST READING (mm/dd/yyyy)
0 ORDINANCES FOR 2ND READING (mm/dd/yyyy)
D YES rgj NO
r
The City and Jefferson County previously entered into an intergovernmental agreement
(IGA) under which the City was included as a part of the Urban County for the County's
entitlement to Community Development Block Grant (CDBG) funds. The IGA does not
explicitly address Emergency Shelter Grant (ESG) program funds.
The proposed First Amendment to the IGA provides that the City may receive a formula
allocation under the ESG program only through participation with the County. However, the
City and County may each independently seek Emergency Shelter Grant (ESG) program funds if
the State so allows.
PRIOR ACTION:
The City approved the original IGA on June 13 , 2011.
V :\Form s\C AFte mpl ate
Council Action Form
September 26, 201 1
Page 2 '
FINANCIAL IMPACT:
The First Amendment authorizes the City to apply for ESG program funds outside the terms of
the IGA if the State permits such application.
BACKGROUND:
The original lOA included the City as a part of the County for CDBG qualification and grant
calculation purposes. This First Amendment does not amend any portion of the IGA except to
explicitly address ESG funds.
Wheat Ridge Home Rule Charter Section 14.2 requires the City Council to approve
intergovernmental agreements by resolution or ordinance. The original IGA was approved by
Resolution No. 17, Series 2011.
RECOMMENDATIONS:
Approve the Resolution approving the First Amendment to the lOA.
RECOMMENDED MOTION:
"I move to approve Resolution No. 33-2011, a Resolution approving the First Amendment to an
Intergovernmental Agreement dated May 25, 2011, between Jefferson County and the City of
Wheat Ridge, Colorado concerning Community Development Block Grant Programs."
Or,
I move to table indefinitely Resolution No. 33-2011, a Resolution approving the First
Amendment to an Intergovernmental Agreement dated May 25, 2011, between Jefferson County
and the City of Wheat Ridge, Colorado concerning Community Development Block Grant
Programs."
REPORT PREPARED BY:
Gerald E. Dahl, City Attorney
ATTACHMENTS:
1. Resolution No. 33-2011 approving the First Amendment
2. The First Amendment to the Intergovernmental Agreement
3. The original Intergovernmental Agreement
TITLE:
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 33
Series of 2011
A RESOLUTION APPROVING THE FIRST AMENDMENT TO AN
INTERGOVERNMENTAL AGREEMENT DATED MAY 25, 2011
BETWEEN JEFFERSON COUNTY AND THE CITY OF WHEAT RIDGE,
COLORADO CONCERNING COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAMS
WHEREAS, on June 13, 2011 , by Resolution No . 17, Series 2011 , the City Council
("Council ") for the City of Wheat Ridge, Colorado ("City") approved an Intergovernmental
Agreement between the City and Jefferson County ("County") concerning Community
Development Block Grant programs (the "IGA"); and
WHEREAS, the County has requested a First Amendment to the IGA to address
Emergency Shelter Grant Program funds; and
WHEREAS, the Council wishes to approve said First Amendment and to approve and
ratify the Mayor's execution of the same ; and
WHEREAS, pursuant to Section 14.2 of the City's Home Rule Charter, the Council
must approve intergovernmental agreements and amendments thereto by resolution or
ordinance .
NOW THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council that:
Section 1. The First Amendment to the Intergovernmental Cooperation Agreement
between Jefferson County and the City of Wheat Ridge concerning Community Development
Block Grant Programs, dated for reference purposes only the 29th day of August, 2011 ,
attached to this Resolution and incorporated herein by reference , is hereby approved .
Section 2 . The Mayor of the City of Wheat Rdige is authorized to execute the First
Amendment approved hereby . The City Council expressly approves and ratifies any
execution of the First Amendment by the Mayor prior to the effective date of this Resolution .
Section 3 . This Resolution shall take effect immediately.
DONE AND RESOLVED THIS 26th day of September, 2011.
ATTEST:
Michael Snow, City Clerk
Jerry DiTullio, Mayor
Attachment 1
1
FIRST AMENDMENT TO INTERGOVERNMENTAL COOPERATION AGREEMENT
Between JEFFERSON COUNTY
and the CITY OF WHEAT RIDGE
THIS FIRSTAMENDMENT TO INTERGOVERNMENTAL COOPERATION
AGREEMENT, dated for reference purposes only this 29th day of August 20 II, is made and
entered into by and between County of Jefferson, STATE OF COLORADO, a body politic and
corporate ("the County") and THE CITY OF WHEAT RIDGE ("the City").
WITNESSETH:
WHEREAS, the County and the City entered into an Intergovernmental Cooperation
Agreement dated for reference purposes on! y the 25 day of May, 20 II; and
WHEREAS, the County and the City have agreed that entering into an Intergovernmental
Cooperation Agreement qualifies the County as an Urban County entitling the County and the Cities
to receive Community Development Block Grant (CDBG) funds to conduct and administer housing
and community development activities and projects.
WHEREAS, the parties have agreed to amend the Intergovernmental Cooperation Agreement
as set forth herein
NOW, THEREFORE, in consideration oft he mutual covenants and conditions herein, the
parties hereby agree to amend the Intergovemmental Cooperation Agreement as follows:
I . A new Section I c. of the Intergovernmental Cooperation Agreement shaJI be added
which states:The City understands that it might receive a fommla allocation under the Emergency
Shelter Grant (ESG) Program only through the urban county. This does not preclude the urban
county or a unit of government participating with the urban county from applying to the State for
ESG funds , if the state allows.
2. All other terms and conditions of the Intergovernmental Cooperation Agreement shall
remain in effect.
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to the
Intergovernmental Cooperation Agreement to be executed.
COUNTY OF JEFFERSON
STATE OF COLORADO
By:
Faye Griffln, Chairman
Board of County Commissioners
Date:
Attachment 2
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STATE OF COLORADO
COUNTY OF JEFFERSON
This First Amendment to Contract was acknowledged before me this __ day of
_______ 2011, by Faye Griffin, Board of County Commissioners of the County o f
Jefferson, State of Colorado.
APPROVED AS TO FORM:
Gay B. Ummel
Assistant County Attomey
STATE OF COLORADO
COUNTY OF JEFFERSON
Notary 's official signature
Commission expiration date
This Firs t Amendment to Contract was acknowledged before me this 85>~ day of
Aujub±-2011 , by Jerry DiTullio as Mayor of the City of Wheat Ridge.
&wu A ~ ~~a~~!!!!!uc!::!!E!:!!!A!!!!!. R!!!l!o~o!!!:!M~E ~en
Notary's official signature Notary Public
'f/f" jc;D;'I State of Colorado
Commission expiration date
My Commission ExplresAogusl 08. ~014
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INTERGOVERNMENTAL COOPERATION AGREEMENT
Between JEFFERSON COUNTY
and the CITY OF WHEAT RIDGE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS
(Federal Fiscal Years 2012 through 2014)
THIS AGREEMENT, dated for reference purposes only this 25 day of May, 20 II, is
between Jefferson County, Colorado (the "County"), a body politic and corporate of the State of
Colorado, and the City of Wheat Ridge (the "City"), a municipal corporation of the State of Colorado
located in Jefferson County.
RECITALS
A. Pursuant to The Housing and Community Development Act of 1974, as amended, 42 U.S.C. 5301 et
seq., (the "Act''), the U.S. Department of Housing and Urban Development ("HUD'') administers a
wide range of local housing and community development activities and programs under Title I of the
Act.
B. The primary objective of Title I of the Act is th.e development of viable urban communities, by
providing decent housing, a suitable living environment, and expanding economic opportunities
principally for persons of low and moderate income. To further this objective, the Federal
government provides Community Development Block Grant ("CDBG") funds to local governments
to conduct and administer housing and community development activities and projects (the "CDBG
Programs"). The CDBG Programs are governed by regulations contained in 24 C.F. R. Part 570 (the
"CDBG Regulations").
C. A determination has been made by HUD that the County is eligible to qualify as an urban county to
receive funds from HUD by annual grant agreement.
D. To become entitled on an annual basis -to receive CDBG funds, a county must qualify as an "urban
county." The City and other units of local governments may be included as part of the urban county.-
by entering into cooperation agreements. A city that has entered into an intergovernmental
cooperation agreement with the County shall be considered to be a "Participating Jurisdiction."
E. The qualification by HUD of an urban county remains effective for the next three successive fiscal
years, September 1, 2011 through August 31, 2014, (the "Program Years") regardless of changes in
the County's population during that period, except for failure of an urban county to receive CDBG
entitlement funds during any year of that period. This Agreement shall remain in effect through the
Program Years and such additional time as may be required for the expenditure of funds granted and
income received during the Program Years and the completion of the funded activities (the "Period of
Performance"). Neither the County nor the City may terminate, withdraw, or be removed from the
cooperation agreement while it remains in effect.
F. The County is submitting to HUD the required documentation to qualify as an urban county so as to
become eligible to receive annual CDBG funds for the Program Years (as "Entitlement County"). The
City wishes to be included as part of the urban county and to be eligible to participate in the County's
CDBG Programs for the Program Years.
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G. Pursuant to C.R.S. Section 29-1-201, et seq., the City and the County may enter into agreements for
joint or cooperative action and may contract with each other to perform any governmental service,
activity, or undertaking that each is authorized by law to perform.
H. This Agreement sets forth fully the purposes, powers, rights, obligations, and the financial and other
responsibilities of the parties .
I. Accordingly, the parties have determined that it will be mutuaJly beneficial and in the public interest
of the parties to enter into thi s Agreement regarding the conduct of the CDBG Programs.
AGREEMENT
NOW, THEREFORE, in consideration of the promi ses and cooperative actions contemplated
hereunder, the parties agree as follows:
l . Inclusion of the City. The City shall be included as a part of the County for CDBG qualification
and grant calculation purposes for the Program Years. The parties recognize their mutual benefit to
seeki ng entitlement status so that there may be local control over CDBG monies and so that the parties
may receive the benefits of yearly allocations of CDBG monies. The City understands that participation
in the CDBG Cooperation Agreement covers the CDBG Programs and, where applicable, the HOME
Investme nt Partnership ("HOME") Program. By executing the CDBG CooperatioQ Agreement, the City
understands that it:
a May not apply for grants from appropriations under the State CDBG Programs for fiscal
years during the period in which the City participates in the urban county's CDBG Programs.
b. May receive a formula allocation under the HOME Program only through the urban
county. Thus, even if the urban county does not rece ive a HOME formula allocation, the City cannot form
or participate in a HOME consortium with other local governments. This does not preclude the urban
county o r the City participating with the urban county from applying for HOME funds from the State, if
the State allows.
2. Period of Performance. T hi s Agreement shall remain in effect through the Program Years and
s uch additional time as may be required for the expenditure of funds granted and income received during
the Program Years and the completion of the funded activities (the "Period of Performance"). Neither the
County nor the City may terminate, withdraw, or be removed from the Program during the Period of
Performance.
3. Renewals. This Agreement will tenew automatically for participation by the parties in successive
three-year (3-year) qualification periods, unless the City or the County provide written notice to the other
party that it selects not to participate in a new qualification period. The terminating party shall send a
copy of the notice of termination to the HUD field office by the date s pecified in HUD's urban county
qualification period. The County will notifY the City in writing of the City's right to make this election.
A copy of the County's notification must be sent to the HUD field office by the date specified in the
urban county qualification notice. Failure by either party to adopt an amendment to the Agreement
incorporating all changes necessary to meet the requirements for cooperation agreements set forth in the
urban county qualification notice applicable for a subsequent three-year urban county qualification period
and to s ubmit the amendment to HUD as provided in the urban county qualification notice will void the
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automatic renewal of such qualification period . If the Agreement is renewed, the subsequent three~ year
(J~year) period will constitute the new Program Years.
4. Mutual Cooperation. The City and the County agree to cooperate as follows :
a. To cooperate to undertake, or assist in undertaking, community renewal and lower-
income housing assistance activities, as approved and authorized between the parties in the CDBG
Agreements, including the Consolidated Plan.
b. To plan and prepare the CDBG Programs, the Comprehensive Housing Affordability
Strategy and Community Development Plan (the "Consolidated Plan"), and detailed descriptions of
CDBG Programs to be conducted or performed during each of the Program Years. The finalized activities
and projects will be included in the Consolidated Plan and in the requests for CDBG funds for the
Program Years. The parties acknowledge, however, the County has responsibility, as mandated by HUD
for selection of the CDBG Programs to be included in the grant request and for submission of that
request. The parties recognize that HUD requires the County to execute all grant agreements and holds
the County legally liable and responsible for the overall administration and perfonnance of the CDBG
Programs. Accordingly, the parties agree that the County shall have the administrative responsibility
necessary to meet the requirements ofHUD for the CDBG Programs to be perfonned or conducted by the
City.
c . As required by HUD, pursuant to 24 C.F.R. § 570.501 (b), the unit oflocal government is
subject to the same requirements applicable to subrecipients, including the requirement of a written
agreement as described in 24 CFR 570.503 which asserts that the City may enter into separate CDBG
agreements (the "CDBG Agreements") with the County for the actual conduct of the CDBG, as approved
and authorized by the Board of County Commissioners and the Consolidated Plan. The agreement shall
remain in effect during any period that the subrecipient has control over CDBG funds, including program
income. At a minimum, the written agreement with the subrecipient shall include provisions concerning
the following items: statement of work; records and reports; program income; unifonn administrative
requirements; suspension and termination; reversion of assets. As required by HUD; the parties agree to
include standards relating to the management and disposition of assets and real property acquired through
the CDBG Programs, in accordance with 24 C.F.Il570.
d . As required by HUD, to affinnatively further fair housing within their own jurisdictions.
The County may not provide any CDBG funding for activities in or in support of the City if the City does
not affinnatively further fair housing within their own jurisdiction or if the City impede the County's
actions to comply with the County's fair housing certification. This provision is required because non-
compliance by the City included in an urban county may constitute non-compliance by the urban county,
which may provide cause for funding sanctions or other remedial action by HUD.
5. Distribution of Funds.
a. Administrative Allocation. The County may retain no more than twenty percent
(20%) of the total CDBG funds allocated to the County for purposes of general oversight, management,
coordination, and related costs ("Administrative Allocation").
6. Project Application and Approval Process
a. Project applications from the County, the City and other eligible applicants will be
reviewed by the Community Development Advisory Board (CD Advisory Board) using evaluation
criteria set forth in the applicable Consolidated Plan and the goals of the Jefferson County Board of
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County Commissioners. Higher priority shaJI be given to eligible proposals submitted by the County and
the City so long as proposals are consistent with the applicable Consolidated Plan.
b. The decision for detemtining what funds receive block grant funding is the res ponsibility
of the Jefferson County Board of County Commissioners.
7. Advisory Board. In furtherance of the cooperative process of developing the CDBG Programs,
and in order to ensure coordination while respecting the role of the City, Jefferson County has established
a Community Development (CD) Advisory Board.
a. Membership. The CD Advisory Board shall be appointed by the Jefferson County Board
of County Commissioners and shall include one member from each participating jurisdiction. The
Participating Jurisdictions shall advise the Jefferson County Board of County Commissioners of its
nominee for the Advisory Board.
b. Duties. The CD Advisory Board shall recommend the allocation of funds to the County,
the City and other eligible applicants. Although HUD requires the County to maintain legal liability and
responsibility for the overall administration and performance of the CDBG Programs, the County will
give strong consideration to the recommendations of the CD Advisory Board.
8. Mutual Agreements. The parties agree as follows :
a. Books and Records. To maintain a complete set of books and records that account for
the CDBG monies and the supervision and administration of the CDBG Programs . The parties agree that
they will provide access to these books and records to each o ther and to HUD, as necessary or requested,
to confirm compliance with Federal laws and regulations.
b. Compliance with Laws. To take all actions necessary to comply with the following laws
and to assure compliance with County certifications required by:
i. Federal Laws and Regulations. The Housing and Community Development Act
of 1974, as amended; Title VI of the Civil Rights Act of 1964; sections 104(b) and 109 ofTitle I of the
Housing and Community Development Act of 1974; the Fair Housing Act, 42 U.S .C. 5301 , et seq., 24
C.F. R . Part 570, and especially 24 C .F . R. 570.50l(b) applicable to subrecipients and 24 C .F. R. 570.503
applicable to the minimum standards for a written agreement prior to disbursing any CDBG funds ; 24
C .F. R. Part 570, et seq., relating to requirements governing any income generated from CDBG funds,
("Program Income"); aU rules, regulations, guidelines, circulars, and other requirements promulgated by
the various Federal departments, agencies, administrations, and commissions relating to the CDBG
Programs.
ii. State and Local Law Comnliance. The responsibilities of the parties shall be
subject to applicable state laws, cily and-county ordinances, resolutions, rules and regulations, and city
charter provisions.
111. Nonviolent Civil Rights Policies. Pursuant to 42 U.S.C. 5304(b) (2), the County
and the City each have adopted and are enforcing and, if requested, will provide copies to each other of
the following policies:
(a) Prohibiting the use of excessive force by law enforcement agencies
within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations, and
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(b) Enforcing applicable state and local laws against physically barring
entrance to or exit from a facility or location which is the subject of nonviolent civil rights demonstrations
within its jurisdiction.
c. Expenditure of Funds. All COBG funds that are approved by HUD for expenditure under
the grant agreements will be budgeted and allocated (i) to the County, no more than tWenty percent (20%)
of the total CDBG funds allocated to the County for administrative, general oversight, management,
coordination, and related costs, as allowed by HUD, and (ii) to the specific CDBG Programs described in
the Consolidated Plan, which s hall be expended only for the COBG Programs for which the funds are
provided.
d. Lobbying Reg_ujrement. To the best of the knowledge and belief of each of the City and
County:
i. No Federal appropriated funds have b~n· paid or wtll be paid, by or on behalf of
it, to any person for influencing or attempting to influenee an officer or employee of Congress, or an
employee of a member of Congress in connection with the aw1!fding of any Federal contract, the making
of any Federal grant, the making of any Federal Joan, the entering into of any cooperative agreement, and
the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement;
ii. If any funds other than Federal appropriated funds have been paid or will be paid
to any person for influencing or attempting to influence an officer or employee of any agency, a member
of Congress, an officer or employee of Congress or an employee of a member of Congress in connection
with this Federal contract, grant, loan, or cooperative agreement, each party agrees that it will complete
and submit a Standard Fonn-LLL, "Disclosure Fonn to Report Lobbying," in accordance with its
instructions.
111. Each party agrees that it will require the language of this paragraph be included
in the award-aocuments for all su bawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose
accordingly.
9. Amendments. This Agreement constitutes the entire agreement of the parties. Any changes and
modifications to this Agreement shall be made in writing and shall be executed by both parties prior to the
perfonnance of any work or activity involved in the change and be approved by HUD.
10. Miscellaneous Provisions.
a. Choice of Law. This Agreement and the rights and duties of the parties shall be
interpreted in accordance with the lawli of the State of Colorado applicable to contracts made and to be
perfonned entirely within the state.
b. Forum. The courts of the State of Colorado shall have sole and exclusive jurisdiction of
any disputes or litigation arising hereunder.
c. Venue. Venue for any and all Jegaf actions arising hereunder shall lie in the District
Court in and for the County of Jefferson, State of Colorado.
d. Officials Not to Benefit. No member of the City or County government, commissioners
or individual elected officers s hall receive any share or part of this Agreement or any benefit that may
arise therefrom.
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e. Indemnification. To the extent allowed by law, the City and the County agree to
indemnify and hold each other harmless from and against any and all claims, losses, expenses, and
attorney fees, including but not limited to damages for personal injury, theft or damage to property, both
public and private, resulting from or arising out of an act or omission resulting directly or indirectly from
the performance or failure to perform under this Agreement, provided, however, that the indemnification
shall not cause a waiver of the Governmental Immunity Act for either the City or the County.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly authorized
and executed.
APPR~OVEDASTOFORM:
By: -::--~="'ir-"'==------
Gay . mmel
Assistant County Attorney
JURISCJjl N: ~~·~'}?~.~Uia
Tstle: ~u-'-'~---------
Date: uf1 3/U
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