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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. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer, at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF 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 . -2 - (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); -3 - (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 -4 - 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 Co m p a n y LO G O 20 1 2 P r o p o s e d B u d g e t Pr e s e n t a t i o n Ci t y C o u n c i l Pu b l i c H e a r i n g Se p t e m b e r 2 6 , 2 0 1 1 20 1 2 B u d g e t I n p u t Pu b l i c I n p u t  Au g u s t 8 th CC m e e t i n g  Au g u s t 2 2 nd CC m e e t i n g Ci t y C o u n c i l B u d g e t R e t r e a t  Se p t e m b e r 1 9 th Ci t y C o u n c i l ’ s S t r a t e g i c F o c u s St r a t e g i c P l a n E x p e n d i t u r e s  Co r e S e r v i c e s P r o j e c t – P r i o r i t y B a s e d Bu d g e t i n g $ 1 5 , 0 0 0  Ag i n g N e e d s A s s e s s m e n t $ 1 , 0 0 0  Co m p e n s a t i o n P r o j e c t $ 1 5 , 0 0 0  38 th Av e n u e C o r r i d o r P l a n I m p l e m e n t a t i o n $2 8 0 , 0 0 0  No r t h w e s t T O D $ 1 0 , 0 0 0  Di v e r s e H o u s i n g P l a n $ 1 5 , 0 0 0  Ma r t e n s e n E l e m e n t a r y S c h o o l t o Ne i g h b o r h o o d P a r k $ 2 0 0 , 0 0 0 20 1 2 B u d g e t S u m m a r y 20 1 2 P r o p o s e d G e n e r a l F u n d B u d g e t ba l a n c e d w i t h o u t u s i n g C i t y r e s e r v e s Tr a n s f e r t o E q u i p m e n t R e p l a c e m e n t Fu n d o f $ 1 0 0 , 0 0 0 f r o m G e n e r a l F u n d Tr a n s f e r t o C I P o f $ 2 m i l l i o n f r o m C i t y re s e r v e s Ci t y C o u n c i l D i r e c t i o n C i t y C o u n c i l p r o v i d e d t h e f o l l o w i n g d i r e c t i o n a t t h e S e p t e m b e r 1 9 t h B u d g e t R e t r e a t :  Gr e e n b e l t P a t r o l P r o g r a m  Re c o m m e n d e d f u n d i n g t h e p r o g r a m f o r 4 . 5 m o n t h s in s t e a d o f 3 . 5 m o n t h s ( $ 3 , 8 0 0 i n c r e a s e )  CI P  $8 5 0 , 0 0 0 a l l o c a t e d f o r m a j o r d r a i n a g e w o r k a t 2 9 th an d C h a s e  Ki p l i n g P e d e s t r i a n I m p r o v e m e n t s d e c r e a s e d t o $2 7 3 , 0 0 0 a n d m a t c h i n g f u n d s i n t h e a m o u n t o f $7 0 , 0 0 0 a l l o c a t e d i n O p e n S p a c e F u n d Ci t y C o u n c i l D i r e c t i o n  Re g i o n a l A i r Q u a l i t y C o n t r o l P r o g r a m r e q u e s t  Re c o m m e n d e d n o t f u n d i n g t h e r e q u e s t f o r $ 4 , 3 0 0  Ou t s i d e A g e n c y C o n t r i b u t i o n  Re c o m m e n d e d k e e p i n g f u n d i n g l e v e l a t $ 1 0 , 0 0 0  Wh e a t R i d g e B u s i n e s s D i s t r i c t ( W R B D )  Re c o m m e n d e d k e e p i n g t h e f u n d i n g l e v e l a t $4 0 , 0 0 0  WR 2 0 2 0  Co u n c i l d i r e c t e d C i t y M a n a g e r t o b r i n g b a c k fu n d i n g o p t i o n s a n d n o t t o u s e r e s e r v e s WR 2 0 2 0  WR 2 0 2 0 B u d g e t R e q u e s t  $1 0 6 , 0 0 0 f r o m t h e H I P a n d B U B L P r o g r a m s  $1 0 0 , 0 0 0 t o s u p p o r t 3 8 th Av e P l a n i m p l e m e n t a t i o n  $9 4 , 0 0 0 f o r c o m m u n i t y e n g a g e m e n t & i n v e s t m e n t s  St a f f h a s i d e n t i f i e d u p t o $ 3 0 0 , 0 0 0 i n p o t e n t i a l bu d g e t c u t s t o f u n d W R 2 0 2 0 r e q u e s t  St a f f r e c o m m e n d s C i t y C o u n c i l f u n d a t l e a s t t h e $1 0 0 , 0 0 0 b u d g e t r e q u e s t f o r 3 8 th Ave Plan im p l e m e n t a t i o n 20 1 2 T o t a l P r o p o s e d E x p e n d i t u r e s $4 1 , 0 6 0 , 3 4 0 m i l l i o n – I n c l u d e s Ge n e r a l , C I P a n d 6 S p e c i a l R e v e n u e Fu n d s 23 % i n c r e a s e c o m p a r e d t o 2 0 1 1 Ad j u s t e d B u d g e t 20 1 2 P r o p o s e d Ge n e r a l F u n d E x p e n d i t u r e s $2 6 , 8 8 7 , 1 0 9 m i l l i o n 0. 8 % i n c r e a s e c o m p a r e d t o 2 0 1 1 Ad j u s t e d B u d g e t $6 , 6 7 0 , 9 1 2 e n d i n g f u n d b a l a n c e – 24 % d e c r e a s e c o m p a r e d t o 2 0 1 1 Es t i m a t e d B u d g e t 20 1 2 P r o p o s e d Ge n e r a l F u n d E x p e n d i t u r e s Co u r t 3%General Gov't 5% Co m m u n i t y De v e l o p m e n t 3% Po l i c e 33 % Pu b l i c W o r k s 16 % Pa r k s a n d Re c r e a t i o n 16 % Ce n t r a l Ch a r g e s 10 % Ad m . S e r v i c e s 13 % 20 1 2 P r o j e c t e d Ge n e r a l F u n d R e v e n u e s $2 6 , 8 8 7 , 1 0 9 Re v e n u e s $8 , 7 7 0 , 9 1 2 Be g i n n i n g F u n d B a l a n c e $3 5 , 6 5 8 , 0 2 1 To t a l A v a i l a b l e F u n d s 3. 0 % i n c r e a s e c o m p a r e d t o 2 0 1 1 pr o j e c t e d r e v e n u e s ( n o t i n c l u d i n g fu n d b a l a n c e ) $6 , 6 7 0 , 9 1 2 – e n d i n g f u n d b a l a n c e (2 3 % ) 20 1 2 P r o j e c t e d Ge n e r a l F u n d R e v e n u e s Pr o p e r t y 3% In t e r g o v . 8% Se r v i c e s 4% Fi n e s 3% I n t e r e s t 0. 6 % Ot h e r 2% L i c e n s e s 4% Ot h e r T a x e s 8% Use Tax 9% Sa l e s T a x 59 % 20 1 2 P r o p o s e d C I P Bu d g e t E x p e n d i t u r e s $9 , 8 7 0 , 0 0 0 m i l l i o n 22 5 % i n c r e a s e c o m p a r e d t o t h e 2 0 1 1 Es t i m a t e d B u d g e t 20 1 2 P r o p o s e d C I P Bu d g e t E x p e n d i t u r e s $5 . 5 m i l l i o n g r a n t f u n d e d 3 2 nd & Yo u n g f i e l d I n t e r c h a n g e i m p r o v e m e n t s $2 , 0 0 0 , 0 0 0 i n s t r e e t p r e v e n t a t i v e ma i n t e n a n c e $7 0 0 , 0 0 0 A r v a d a C h a n n e l d r a i n a g e im p r o v e m e n t s ( C i t y m a t c h f o r G o l d li n e c o m m u t e r r a i l p r o j e c t ) Ga t e w a y S i g n a g e p r o g r a m , $ 1 0 0 , 0 0 0 20 1 2 P r o p o s e d C I P Ma j o r P r o j e c t s $8 5 0 , 0 0 0 M a j o r d r a i n a g e w o r k a t 2 9 th an d C h a s e $2 7 3 , 0 0 0 d e s i g n w o r k a n d R O W ac q u i s i t i o n f o r g r a n t f u n d e d K i p l i n g Pe d e s t r i a n i m p r o v e m e n t s $2 5 0 , 0 0 0 f o r i m p l e m e n t a t i o n o f 3 8 th Av e n u e P l a n r e c o m m e n d a t i o n s  $2 7 2 M i l l i o n d e f e r r e d o r s u s p e n d e d ca p i t a l p r o j e c t n e e d s 20 1 2 P r o p o s e d R e c r e a t i o n Ce n t e r O p e r a t i o n s E x p e n d i t u r e s $2 , 2 5 2 , 8 8 8 9% d e c r e a s e co m p a r e d t o t h e 2 0 1 1 Ad j u s t e d B u d g e t 20 1 2 P r o p o s e d Op e n S p a c e E x p e n d i t u r e s $1 , 0 7 6 , 7 8 2 – i n a d d i t i o n t o ma i n t e n a n c e a n d d e v e l o p m e n t p r o j e c t s , in c l u d e s s t a f f i n g o f 5 p a r k s e m p l o y e e s 38 % d e c r e a s e c o m p a r e d t o 2 0 1 1 A d j u s t e d Bu d g e t 20 1 2 P r o p o s e d Op e n S p a c e P r o j e c t s  Ma t c h i n g G r a n t F u n d s K i p l i n g P e d e s t r i a n Im p r o v e m e n t s ( $ 7 0 , 0 0 0 )  Pa r k A c q u i s i t i o n ( $ 2 0 0 , 0 0 0 )  Di s t r i c t I I P a r k D e v e l o p m e n t ( $ 1 2 0 , 0 0 0 )  PW / P a r k s O p e r a t i o n s F a c i l i t y ( $ 1 0 0 , 0 0 0 )  Tr a i l R e p l a c e m e n t / R e p a i r ( $ 5 0 , 0 0 0 )  Op e n S p a c e S i g n F a b r i c a t i o n ( $ 5 0 , 0 0 0 )  Of f - 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y e a r m a r k e t s t u d y i n 20 1 2  Im p l e m e n t a P a y - f o r - P e r f o r m a n c e Pl a n i n 2 0 1 3 20 1 1 / 2 0 1 2 Co m p e n s a t i o n P l a n s A 2 0 1 1 m i d - y e a r m a r k e t a n a l y s i s i n d i c a t e d :  Ci v i l i a n c o m p e n s a t i o n p l a n i s 4 . 3 6 % b e l o w t h e co u n c i l a p p r o v e d 5 5 th pe r c e n t i l e  Sw o r n c o m p e n s a t i o n p l a n i s 5 . 1 6 % b e l o w t h e co u n c i l a p p r o v e d 7 0 th pe r c e n t i l e  MS E C s u r v e y i n d i c a t e s a v e r a g e i n c r e a s e f o r go v e r n m e n t e m p l o y e e s i n t h e D e n v e r / B o u l d e r ma r k e t i n 2 0 1 2 w i l l b e 2 . 7 % ( o f t h o s e 1 3 or g a n i z a t i o n s b u d g e t i n g s a l a r y i n c r e a s e s ) Lo n g - t e r m R e v e n u e P i c t u r e CI P c u r r e n t l y f u n d e d w i t h G e n e r a l Fu n d u n d e s i g n a t e d r e s e r v e s Ge n e r a l F u n d P o l i c y a d o p t e d i n 2 0 1 1 se t s m i n i m u m r e s e r v e l e v e l a t 1 7 % In o r d e r t o m a i n t a i n t h i s r e s e r v e l e v e l , un d e s i g n a t e d r e s e r v e s w i l l n o t b e av a i l a b l e f o r C I P i n 2 0 1 3 20 1 2 B u d g e t A d o p t i o n Oc t o b e r 1 0 th – a d o p t i o n & ce r t i f i c a t i o n o f m i l l l e v y ~ • 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 I I I 6' SIDEWALK J.l • UTlUTY AND ·- DRAINAGE ] EASOIOO I • I I - I I I I ~• 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. 1 ' l ! . r i I 1- 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 I j. I I I j .. ·!· ! 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 : ! I I I· i I t. I I 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 I·· I·- I ! I I · i I I . I . f I I ! 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 I I· f. i. ' ' ): I ~· . 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 2 I j ! 0 l I j I· ; I i 0 i. I' I I f 0 I I I ! ! I I · I I . I ' 0 I I · r I I ! I I 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. C:\Usus\Owner\DocumeniS\Kristin\JefiCo\June 3\lGA_Jelferson County_ WR.doc Attachment 3 ,. I. l I I I i I I I I I l ! .· 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 C:\Users\Owner\DO<:um ents\Kristin\JeflCo\June JUGA_ Jeffer!on Cowu:y _ WR .doc 2 l i: j . r I ,. I I ! ! . ' ,. l I I I I I 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 C :\Usecs\O wner\Documents\Kiistin\Jef!Co\/une 3\IGA_Jeffcrson CoWlty _ WR .doc 3 ! I · I I I I i I : ! i - i . r I I I I I· l I· ·. I . ' 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 C:\Users\Owner\Documen!s\Kr is lin\lellCoVune 3\IGA_JefTerson Coun ty_ WR.doc 4 !. I I ! I I J. I I ' I. i (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. C:\Users\Owncr\Documentsll<ristin\Jcnt::o\June 3\IGA_Je!Tcrson County_ WR.doc 5 I· .· 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 C:\Usm\Owner\Documcnts\l<tistin\JcflCo\June 3\IGA_Jeffmon County_ WR .doc 6 I i ;. j i· l' i