HomeMy WebLinkAboutStudy Session Agenda 01-07-13STUDY SESSION AGENDA
CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 W. 29th Ave.
Wheat Ridge CO
January 7, 2013
6:30p.m.
Individuals with disabilities are encouraged to participate in all public meetings sponsored by the
City of Wheat Ridge. Call Heather Geyer, Administrative Services Director at 303-235-2826 at
least one week in advance of a meeting if you are interested in participating and need inclusion
assistance.
PUBLIC COMMENT ON AGENDA ITEMS
APPROVAL OF AGENDA
.L Staff Report( s)
£. Council Role in Emergency Response Situations
~ ESTIP and BDZ for Colorado Plus
4. Potential Amendments to Restrictive Commercial Zoning
5. Elected Officials' Report(s)
a. Investment Policy Discussion
.... ~A~
.. ~ r City of • ~W heat :&9ge ~OLICE DEPARTMENT
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
Memorandum
Mayor DiTullio and City Council
Patrick Goff, City Manager~
Daniel Brennan, Chief of Police
Mark Cooney, Lieutenant
Patrol Operations Division
December 27,2012 (Study Session January 7, 2013)
Staff Report: Emergency Management for Elected Officials
£+e rn :2 .
The City of Wheat Ridge Emergency Preparedness and Management efforts are assigned to the
Police Department and managed by the Chief of Police. Chief Brennan has designated
Lieutenant Mark Cooney to coordinate these responsibilities. Lt. Cooney has assembled a group
of employees from various City departments to assist in this endeavor. An Emergency
Operations Plan was adopted in 201 0 and the plan is updated annually. Roles , responsibilities,
and response plans are outlined in this document.
The City has an established intergovernmental agreement with the City of Lakewood for a joint
Emergency Operations Center located at 445 South Allison Parkway. Lt. Cooney attends
monthly meetings with the Jefferson County Emergency Managers Group, Lutheran Hospital
Emergency Management and the Urban Area Security Initiative (UASI). The department
participates in exercises with these entities, as well as annual metro-wide exercises. Lt. Cooney
has attended training through the Colorado Office of Emergency Management and remains
current on state-wide efforts and federal guidelines.
The City Charter outlines the responsibilities and power vested in the Mayor in times of
emergency. These powers include emergency declaration, requesting additional resources when
City resources are no longer capable of handling the emergency and being conservator of the
peace at time of civil unrest. City Council will primarily be called upon as a policy group during
times of disaster. Council roles will be particularly important during the recovery period.
During the response period, City Council may be called upon to assist in keeping their
constituents informed on the status of services and to serve as a link between the emergency
responders and the citizens for information sharing. They may also be called upon to assist the
City Manager with resource and funding authorization. During recovery, their assistance with
policy decisions and coordinating public/private partnerships will be an essential ro le.
Staff Report: Emergency Management for Elected Officials
December 27,2012 (Study Session January 7, 2012)
Page 2
Emergency Management covers a broad spectrum oftypes of incidents. These are outlined in
our Emergency Operations Plan and include man-made incidents such as multiple shooting
victims, hazardous materials or bombs, and natural disasters such as severe storms or floods.
Such events typically involve some type of mass care aspect, damage assessment, evacuation,
sheltering, and public messaging. Natural disasters often involve prolonged power outages,
damaged trees which may block roadways, and other traffic-related issues. Having a large
hospital in the City presents challenges, as does a large senior population and numerous assisted
living facilities. Preparedness efforts by individual citizens, businesses and assisted living
facilities can be very beneficial in times of disaster. Staff has placed links on the City website
and recently filmed a Top of the Hour segment to encourage preparedness by citizens and
businesses.
When a significant emergency occurs, first responders from the police department, fire
department, and paramedics operate through an Incident Command System (ICS). Depending on
the incident, public works personnel, parks workers and building inspectors may have a role in
lCS. In an emergency, an incident commander is designated and this person is responsible for
the management of the response. Depending on the incident, the incident commander could be a
representative from the Police or Fire Department. The incident commander typically operates
from an incident command center established near the incident. Police officers, fire fighters, and
paramedics have all been trained in incident command through the National Incident
Management System (NIMS). This system involves a modular approach to responsibilities, clear
communication and a manageable chain of command.
The Emergency Operations Center (EOC) is established when the incident commander needs
support to meet resource requests or the incident is anticipated to last for an extended period.
The EOC is staffed with the personnel needed to support the incident commander and is
managed by the emergency preparedness manager. A call center is typically established in
conjunction with the EOC. Typical roles of the EOC will be to open shelters, coordinate mass
transportation, order resources, document resource requests and spending, and plan for future
needs. An Incident Action Plan is established by the incident commander and the emergency
preparedness manager. Depending on the size of the incident and the number of agencies
affected, the EOC may coordinate activities with other municipalities, counties or the state.
Coordination of public information and ensuring consistent messaging is an important role of
both the EOC and incident commander.
In certain emergencies, a Policy Group may be established and an elected official from this
group is assigned the role of liaison between the EOC and the Policy Group. The Policy Group's
role is to make strategic decisions regarding community messaging, long-tenn needs, and fiscal
considerations. Typically the Policy Group convenes at a conference room located at the
municipal building, as long as the municipal building is not in the affected area . The Policy
Group is typically comprised of elected officials, the City Manager and City Department
Directors. The Policy Group may assist the Mayor with decisions regarding emergency
declarations and or with policy issues involving other agencies.
Staff Report: Emergency Management for Elected Officials
December 27,2012 (Study Session January 7, 2012)
Page 3
Emergencies come in many types and sizes; those that can be handled locally and those
emergencies that exceed local governments' ability to handle. The State of Colorado would be
called upon in those situations when City and County resources have been exhausted. It is
important to note that the local jurisdiction still has responsibility for the incident even if other
entities are called in to assist. In rare instances, the Governor may call for federal assistance.
Detailed cost documentation is necessary for consideration of federal reimbursement. There are
various programs based on the type of incident and nature of the damage.
There are situations when City personnel are called upon to serve on an incident management
team (IMT). For instance, City personnel assisted an IMT during the salmonella outbreak in
Alamosa, CO several years ago. Jefferson County has a Type III team which we may call upon
to serve during a disaster.
Attached are the State of Colorado Elected Official's Guide and select pages of the City
Emergency Operations Plan for your review and references from the City Code of Laws
pertaining to emergencies for review.
MC:DB
ATTACHMENTS:
I. State of Colorado Elected Official's Guide (booklet)
2. City Emergency Operations Plan, pages 11-15, and pages 83-90
3 . City Code of Laws, Part II, Article II, Section 6, Civil Emergencies
4. City Code of Laws, Part I, Chapter 3, Section 3.2
2.6. Organization and Assignment of Responsibilities
General
Most of the city departments have emergency functions in addition to their
normal operations. Each department is responsible for developing and
maintaining its own emergency management procedures and operating guides.
Mayor
• Proclaim the existence and then the termination of the emergency.
• Request assistance if it appears that the resources and the ability of the
City are inadequate to cope with the emergency.
• Attend to the duties and authorities set forth in the City Charter
City Manager
• Implement the Emergency Operations Plan in whole or in part as the
situation requires.
• Hold direction and control of all city departments before, during and after
an emergency event.
• Establish a policy for expenditures and allocations of funds .
• Develop a plan to ensure that all vital records are identified and protected.
• Attend to the duties and authorities set forth in the City Charter
• Approve media releases
City Council
• Convene the Council, if reasonable to do so.
• Enact ordinances that authorize the Mayor to initiate and implement all or
part of the plan prior to, during, and after an emergency or disaster to
protect the lives and property of the citizens of Wheat Ridge .
• Approve authorization of expenditures that have been expended during
major emergencies or disasters.
Chief of Police
• Act as coordinating staff advisor to the Mayor and key city officials during
all levels of response to disaster emergencies.
• Function as overaTP coordinator of disaster operations until normal
government operations can be resumed.
Emergency Operations Manager
• Monitor implementation of the Emergency Operations Plan.
Attachment 2 Page 11
• Compile, coordinate and present a request to the state and federal
government for disaster relief assistance.
• Prepare the Emergency Operations Plan for the City of Wheat Ridge and
conduct training exercises as necessary to maintain and improve the
response capabilities of all elements of the city.
• Develop private and local government resource lists.
• Coordinate disaster planning, operations, and training exercises with
public utilities, welfare agencies and emergency preparedness and
management directors of adjacent political jurisdictions to enhance the
integrated emergency management system.
• Represent the city as directed on matters relating to emergency
management.
• Keep the Colorado Office of Emergency Management informed of a
disaster situation.
Police Department
• Conduct all regularly assigned functions relating to law enforcement in the
City of Wheat Ridge.
• Maintain the position of Emergency Operations Manager.
• Evacuate people who are or may be threatened by an imminent disaster.
• Control traffic access to the scene of a disaster.
• Plan and coordinate response to hostage situations, as well as civil
disturbances.
• Establish mutual aid agreements with local law enforcement jurisdictions.
• Develop an intelligence gathering and analysis capability .
• Provide law enforcement assistance to shelter managers when requested.
• Receive, relay and secure national warning service emergency messages.
• Receive and relay National Warning Service messages to proper
authorities.
Fire Districts within the City of Wheat Ridge
• Provide all regularly assigned district functions relating to fire prevention
and control to minimize loss of life and property, as per their department
polices, procedures and/or protocols.
• Provide continuou~ommunication between the disaster scene and EOC .
• Establish and maintain radiological monitoring capabilities. Establish
monitoring by Jeffco HAlMA T.
• Respond to and direct operations in hazardous material incidents.
• Direct and conduct all search and rescue operations.
• Provide decontamination and neutralization of any hazardous or
radioactive material spills.
Page 12
• Establish mutual aid agreements with local fire jurisdictions.
Public Works
• Provide emergency traffic engineering and control measures to include
signalization and barricading. Maintain emergency traffic routes in
coordination with police and fire departments.
• Coordinate clearing of major thoroughfares and removal of debris that
inhibits or blocks thoroughfares.
• Establish damage assessment capabilities and procedures specific to City
infrastructure located within public right-of-ways.
• Provide snow removal under all winter storm conditions.
• Provide resources and technical support to public safety operations .
• Provide mapping, ownership, and assessment of structural conditions of
bridges and roadways .
• Conduct all regularly assigned functions relating to the provision and
maintenance of storm sewer services for the City of Wheat Ridge.
• Notify, as necessary, respective water and sanitary sewer districts located
within the City, to provide for emergency shutdown of water and sanitary
sewer services.
• Coordinate, as necessary, with respective water districts, who shall have
provisions in place, to provide potable water for essential City relief
activities.
• Notify, as necessary, respective water and sanitary sewer districts of
repairs needed to respective utility systems.
Administration
• Provide administrative and logistical support to City Council, Boards and
Commissions, Mayor, and all departments within the City.
• Develop a methodology for purchasing supplies, services, and equipment
under emergency conditions.
• Provide logistical support to maintain or restore lnfonnation Technology
infrastructure and services.
• Provide incident management support for police Computer Aided
Dispatch, Records Management Systems, Mobile applications, and
GIS/Mapping applications tailored to the scope of the incident.
• Provide logistical 'iupport to activate alternate emergency operation
venues when the scope of the incident requires a mobile command post,
or relocation of emergency operations from City Hall to other City facilities,
or if the severity of the incident requires relocation to a designated EOC in
another jurisdiction.
• Prepare damage assessments to the information technology infrastructure
and provide recommendations for recovery. Initiate disaster recovery
Page 13
procedures and contingency plans as directed to contact established
vendors for support; procure hardware, software, and networking services;
and recover archived data resources from off-site storage.
• Assess, prepare and initiate disaster recover operations for City financial
and support services such as accounting revenue and expenditures,
payroll accounting and processing, general ledger processing and public
access to information broadcasts.
• In the event of service disruption, act as liaison for service providers such
as Qwest Communications and AT&T/Cingular to maintain or restore hard
wired and wireless networks outside of the City's direct control.
• Coordinate and manage workers compensation issues.
Community Development
• Assist in the coordination of disaster recovery planning efforts as it relate
to public buildings.
• Assist in the preparation of damage assessment reports as it relates to
public buildings.
• Assist in recommending which public buildings or structures are retained
or demolished .
• Assist in the declaration of safe buildings or structures for occupancy.
• Develop a plan to keep vital city facilities operating during a disaster.
• Staff and support damage assessment team and coordinate inspection
services.
• Identify alternate facilities for use by the city to carry on essential
operations.
• Assist in the coordination of sanitation issues.
City Attorney
• Provide legal assistance to the City Council, Mayor, and Departments in
the conduct of official business, including operation of municipal justice
system.
• Prepare emergency disaster declarations and emergency ordinances.
• Provide interpretation of federal and state regulations that relate to
disasters.
• Prepare recomme~ded ordinances, proclamations and other legal
documents for City Council action to implement Federal and State
directives that provide authority in the City of Wheat Ridge for a timely
emergency response .
City Treasurer
• Provide financial advice to Mayor.
Page 14
• Coordinate the development of a damage assessment reporting system to
meet post-disaster needs.
• Maintain detailed records of all disaster-related expenditures.
• Coordinate all data for damage assessment reports to be forwarded to
state and federal disaster agencies.
Parks and Recreation
• Provide meeting places and facilities as needed to support disaster
operations and recovery efforts.
• Assist in short-term shelter management using City-owned facilities.
Assist outside agencies (American Red Cross, Salvation Army, School
District) in evacuation and transportation.
• Coordinate with Public Works to clear major thoroughfares and removal of
debris that inhibits or blocks thoroughfares using Parks and Forestry Staff.
Maintain active list of emergency tree contractors.
• Provide equipment and manpower to City departments upon request.
• Provide snow removal under all winter storm conditions.
Specific Outside Agencies
In addition to city departments, specific outside agencies will be available to
provide emergency functions in additional to their normal operations. The list
includes, but is not limited to:
Jefferson County Office of Emergency Management
• Coordinates the Multi-Agency Coordination System.
• In large disasters coordinates disaster declarations.
• Coordinates communication and requests between EOCs.
• Coordinates distribution of necessary medical supplies from state and
federal agencies.
Jefferson County Health Department
• Issue precautionary health warnings as necessary.
• Provide advice on all health matters.
• Provide air contamination surveillance.
• Monitor the disposal.of hazardous and radiological materials.
• Inspect all food services facilities at relocation centers.
• Determine food and water safety and arrange for the removal of any
contaminated product.
• Inoculate for the prevention of disease.
• Provide information on disinfecting public and private water supply.
Page 15
Wheat Ridge City Charter References
Sec. 3.2. Power and duties of the mayor.
The mayor shall be the recognized head of the city government for all
legal and ceremonial purposes. All contracts in writing binding the city, all
conveyances of interests in land by the city, and any other documents requiring
his signature shall be signed by the mayor (or person acting as mayor as herein
provided).
The mayor shall be the chief elected officer of the city. The mayor shall be
responsible for the efficient administration of all affairs of the city placed in his
charge. The mayor shall serve as a liaison between the city council and the city
administration, including, but not limited to, attendance at meetings and special
events involving the city administration.
The mayor shall be a conservator of the peace, and in emergencies may
exercise within the city the powers conferred by the Governor of the State of
Colorado for the purposes of military law, and shall have the authority to
command the assistance of all able-bodied citizens to aid in the enforcement of
the ordinances of the city and to suppress riot and disorder. Except as may be
required by statute, the mayor shall exercise such other powers as the council
shall confer upon him.
The mayor shall have the power to veto any ordinance passed by the council in
accordance with the procedure set forth in section 5.14 of this Charter. The
mayor shall also preside over city council meetings.
In the event of a tie vote by the city council, except upon adoption or amendment
of the budget, the mayor shall cast a tie-breaking vote. In no other instance shall
the mayor cast a vote on a matter presented to the council for decision. On any
ordinance upon which the mayor has cast a tie-breaking vote, the mayor shall not
exercise his power to veto said ordinance.
Wheat Ridge Code of Laws (references)
Chapter 6 CIVIL DISASTERS AND EMERGENCIES*
*Cross references: Interference of public officers at scene of disaster, § 16-
155.
State law references: Home rule powers, Col. Canst. Art. XX, § 6; Colorado
Disaster Emergency Act of 1973, C.R.S. § 24-33.5-701 et seq.
Article. I. In General ,.
Sees. 6-1--6-20. Reserved.
Article II. Civil Emergencies
Sec. 6-21. Purpose of article.
Sec. 6-22. Violations.
Sec. 6-23. Mayor's powers-Generally.
Sec. 6-24. Same--Declaration of emergency.
Page 83
Sec. 6-25. Same--Enumerated.
Sec. 6-26. Proclamation of emergency--When effective.
Sec. 6-27. Same--Termination.
ARTICLE II. CIVIL EMERGENCIES*
*State law references: Local disaster emergencies, C.R.S. § 24-33.5-709.
Sec. 6-21. Purpose of article.
The city will from time to time in the future, in all probability, have within its
corporate limits fires, floods, civil disturbances and riots; and, therefore, it is
deemed in the best interest of the city to exercise certain emergency police
powers necessary to and incidental to the maintenance of the safety, health and
welfare of the citizens of the city.
(Code 1977, § 7-1)
Sec. 6-22. Violations.
Any person who shall willfully fail or refuse to comply with the orders of
duly authorized law enforcement officers or personnel charged with the
responsibility of enforcing the proclamation of emergency authorized herein shall
be deemed guilty of a misdemeanor and, upon conviction thereof, shall be
subject to a fine of not more than one thousand dollars ($1 ,000.00).
(Code 1977, § 7-7; Ord. No. 1998-1120, § 3, 6-8-98)
Sec. 6-23. Mayor's powers--Generally.
Emergency police powers shall be placed in the hands of the mayor of the
city and that these powers should be exercised only in the event of an
emergency as herein contemplated and shall only be exercised for such period of
time as the actual emergency exists and further that such powers shall only be
invoked after declaration and proclamation of an emergency.
(Code 1977, § 7-2)
Sec. 6-24. Same--Declaration of emergency.
In addition to any and all powers enumerated in the ordinances of the city,
the mayor shall have further emergency powers necessary to preserve the peace
and order of the city as follows:
( 1) The mayor shall have-he power to declare an emergency to exist when, in
his opinion, one (1) or more of the following conditions exists:
a. That there is extreme likelihood of danger of destruction of life or property
due to unusual conditions.
b. Unusual or extreme weather conditions, making use of city streets or areas
difficult or impossible.
c. Civil unrest, commotion or uprising is imminent or exists.
Page 84
d. There is a stoppage or loss of electrical power affecting a major portion of the
city.
(2) The emergency shall be declared in a proclamation of the mayor, which
proclamation shall be delivered to the chief of police, who shall then see that
such proclamation is delivered to all news media within the city who shall
immediately notify the public or such proclamation and that violators will be
arrested and subject to penalty.
(Code 1977, § 7-3)
Sec. 6-25. Same--Enumerated.
After declaration of an emergency under the provisions of this article, the
mayor shall have the authority to exercise any or all of the following powers:
( 1 ) Cal/ upon enforcement agencies. To call upon regular and auxiliary
enforcement agencies and organizations within or without the city to assist in
preserving and keeping the peace and the preservation of life and property of the
citizenry of the city.
(2) Close streets and sidewalks. The power to close streets and sidewalks and
to delineate areas within the city wherein an emergency exists.
(3) Curfew. To impose a curfew upon all or any portion of the city thereby
requiring all persons in such designated curfew areas to forthwith remove
themselves from the public streets, alleys, parks or other public places; provided,
that ambulance operators performing medical services, utility personnel
maintaining essential public services, firemen and city authorized or requested
enforcement officers and personnel may be exempted from such curfew.
( 4) Business closing. To order the closing of any business establishments
anywhere within the city for the period of the emergency, such businesses to
include, but not be limited to, those selling intoxicating liquors, malt beverages,
gasoline or firearms.
(5) Acts necessary to preserve life. The power to do any and all acts necessary
and incidental to the preservation of life, limb and property within the city.
(Code 1977, § 7-4)
Sec. 6-26. Proclamation of emergency--When effective.
The proclamation of emergency specifying with exactness the area in
which the emergency is declared to exist shall become effective upon its
issuance and dissemination to the public by the appropriate news media.
(Code 1977, § 7-5)
Sec. 6-27. Same--Termination.
(a) Any emergency proclaimed in accordance with the provision of section 6-24
shall terminate after forty-eight (48) hours from the issuance thereof, or upon the
issuance of a proclamation determining an emergency no longer exists,
whichever occurs first; provided, however, upon declaration of a second or
further emergencies to exist the emergency powers set forth herein may be
exercised during such further emergency period or periods, but never for more
than forty-eight (48) hours in one (1) declared emergency period.
Page 85
(b) No emergency period shall extend beyond the next regular, special or called
meeting of the city council unless at such meeting the declaration of emergency
is specifically approved by resolution of the council.
(Code 1977, § 7-6)
ARTICLE I. IN GENERAL
Sec. 19-1. Creation of department.
There is hereby created a police department for the city which shall
consist of one ( 1) chief of police and as many policemen as may from time to
time be deemed necessary for the safety and good order of the city.
(Code 1977, § 18-1)
Sec. 19-2. Rules and regulations.
The police department shall be operated and managed in accordance with
such departmental rules and regulations as may from time to time be adopted by
the chief of police with the approval of the city manager.
(Code 1977, § 18-3)
Sec. 19-3. Duties of police force.
It shall be the duty of the police force to suppress all riots, disturbances
and breaches of the peace and apprehend any and all persons in the act of
committing any offense against the laws of the state or of the ordinances of this
city and to forthwith bring such persons before the proper court or other
competent authority for examination; and, at all times, to diligently and faithfully
enforce all such laws, ordinances and regulations for the preservation of good
order and the public welfare as the city council may enact. Every officer so
authorized to make arrests or to serve process may, in the discharge of his
duties, enter into all public places and, with or without process, arrest any
persons upon probable cause that such persons have committed any crime or
violated any city ordinance, and forthwith bring such persons before the proper
court if such court be then in session and, if not, then to convey such persons to
the designated city jail until such time as they can be brought before such court,
then to deliver them up for trial and examination.
(Code 1977, § 18-4)
Sec. 19-4. Chief of police generally.
The chief of police may be appointed from the ranks of the classified
service, and, in such an event, during the time he shall serve in such capacity he
shall retain and have accQJed to him such time as active service in the police
department and in the classified service thereof, for all purposes in connection
with retirement, pension benefits, sick leave, vacation leave, terminal pay,
hospitalization, doctors, surgeons, nurses and medical care when injured in the
line of duty, leaves of absence when injured in the line of duty, benefits to his
wife and dependent children upon death and all other benefits of the classified
service of the police department which may now be in force or hereafter be
Page 86
provided, other than salary, on the same basis and with the same effect as if
during such time he had remained in active service in the police department and
in the classified service thereof in the rank which he held in the classified service
when appointed.
(Code 1977, § 18-2)
Sec. 19-5. Powers and duties of chief of police.
The chief of police works under immediate supervision of the city manager
to perform the following functions:
(1) Maintaining law and order, protecting life and property.
(2) Directing and controlling traffic.
(3) Investigating and apprehending law violators and maintaining of police
records.
(4) Regulating and inspecting required licenses.
(5) Cooperating with other law enforcement agencies.
(6) Coordinating with all groups and governmental units on law enforcement
matters.
(7) Preparing drafts of proposed regulatory ordinances and laws regarding
public safety and enforcement of laws.
(8) Preparing and justifying the annual budget for law enforcement services .
(9) Preparing studies relating to public safety and providing input to traffic
engineering and planning.
(10) Conducting crime prevention programs.
(11) Providing members to the police pension board in accordance with the
police pension plan.
(12) Directing the animal control program.
(13) Preparing law enforcement assistance grant applications and administering
grant funds.
(14) Working with the city manager or his or her designee on hiring and
disciplinary procedures.
(15) Providing central dispatching services for fire district and police vehicles.
(Code 1977, § 18-5; Ord. No. 1259, § 6, 8-12-02)
Sec. 19-6. Police officers--Duties.
All members of the police department shall have the following powers and
duties:
(1) They shall perform all duties required of city marshals.
(2) They shall suppress all riots, disturbances and breaches of the peace,
apprehend all disorderly persons in the city, and shall pursue and arrest any
person fleeing from justice in any part of the state.
(3) They shall be the enforcement officers of the city and shall see that the
ordinances of the city and the laws of the state are complied with. They shall
arrest without process all persons engaged in the violation in their presence of
any provision of the ordinances of the city or the law of the state. Upon such
arrest they shall forthwith convey such offenders before the proper officer to be
dealt with according to law; provided, that they may incarcerate any person
Page 87
whom they shall arrest at a late and unusual hour of the night until the following
morning; and provided, further, that in the special cases relating to traffic
offenses they may release an arrested person upon his written promise to appear
in court.
( 4) They shall report such offenses as may come to their knowledge to the
proper city official or they shall report the same to the municipal judge securing a
warrant for the arrest of offenders when desirable.
(5) They shall execute and return all writs and process to them directed by the
municipal judge in any case arising under a city ordinance, and they may serve
the same in any part of the county in which such city is situated.
(6) They shall observe the condition of the streets, sidewalks and alleys of the
city, and of any obstruction, nuisance or impediments therein, and shall take
necessary measures to remove or abate the same.
(Code 1977, § 18-6)
Sec. 19-7. Same--Oath.
Before entering upon the duties of his office, each police officer shall take
and subscribe an oath that he will support the Constitution and laws of the state,
the Constitution of the United States, and the ordinances of the city, and that he
will faithfully perform the duties of the office upon which he is about to enter.
(Code 1977, § 18-7)
Sec. 19-8. Assignment by chief of police of officers to temporary
extraterritorial duty.
The chief of police may, in his discretion, upon request of the chief of
police or person exercising the functions thereof in any other jurisdiction, assign
police officers under his control together with such equipment as he shall deem
to be proper, to perform temporary duty in the requesting jurisdiction.
(Code 1977, § 18-10)
Sec. 19·9. Appointment and powers of special and reserve police.
The chief of police , upon the approval of the city manager, may appoint
special police officers as he may deem necessary during times of emergency.
Such appointments shall not exceed seven (7) days without approval of the city
council. The chief of police, with the approval of the city manager and city
council, may appoint such number of special police officers as he deems
necessary to serve upon days of election, public celebration and holidays; and
such special police officers shall have and possess all arrest powers of regular
police officers during the time for which they are serving under appointment to
active duty. The chief of police may appoint such number of reserve police
officers as authorized by city council, and such reserve police officers shall have
all the arrest powers of regular police officers. However, reserve police officers
shall not have the pay, retirement, fringe benefits or privileges conferred on
behalf of regular police personn el of the city.
REFERENCE : Colorad o Disaster De c l arati o n Process
Page 88
Disaster Declarations usually follow these steps:
• Local government responds, supplemented by mutual aid from
neighboring communities and volunteer agencies. If the disaster
exceeds the local capabilities, they can request state assistance.
A local government may declare a local disaster or an emergency through the
chair of the Board of County Commissioners, or other principal executive officer
of a political subdivision, through an order or proclamation and submit it to the
state. This activates response and recovery of all applicable local and inter-
jurisdictional disaster emergency plans.
Why Declare a Disaster?
• To gain access to TABOR emergency reserves
• To qualify for certain types of federal and state disaster assistance
• To activate local and inter-jurisdictional emergency plans and mutual
assistance agreements
• To support the enactment of temporary emergency restrictions or controls
(e.g., curfews, price controls)
• The State Responds with state resources as requested (and/or needed)
by the local government.
The Colorado Division of Emergency Management, Department of Military and
Veterans Affairs, Department of Public Health & Environment, Department of
Transportation, Department of Local Affairs, Department of Public Safety,
Colorado State Patrol, Department of Human Services, Department of
Agriculture, and the Department of Natural Resources are all examples of
Colorado agencies who may respond to a disaster.
The State may declare a disaster or emergency by Executive Order or
Proclamation of the Governor if the Governor finds a disaster has occurred or
that this occurrence or the threat of a disaster or emergency is imminent. This
frees up State TABOR reserves and Disaster Emergency funds, enables the
Governor to temporarily enact or suspend State restrictions or controls, activates
the State Emergency Operations Plan, and activates the State Emergency
Operations Center.
• Damage Assessment. The state can request a disaster declaration from
the Governor with a preliminary damage assessment from the local
government through the state Division of Emergency Management.
The state can also perform a formal federal, state, and local preliminary damage
assessment with FEMA to determine if damage amounts may qualify for a
presidential disaster request and therefore, federal assistance.
Page 89
A presidential disaster declaration and/or emergency can be requested by the
governor to the President through FEMA, based on the damage assessment,
and an agreement to commit state funds and resources to the long-term recovery
is made.
• FEMA will evaluate the request and recommend action to the White
House based on the disaster damage assessment, the local commun ity
and the state's ability to recover.
• The President approves the request or FEMA informs the governor it has
been denied. The decision process could take a few hours or several
weeks depending on the nature of the disaster.
Note: The difference between a disaster declaration and an emergency
declaration is that an emergency can be declared even though there is no
disaster. An example would be the Summit of the Eight or World Youth Day.
Additional resources were requested and the State Emergency Operations Plan
was activated . Also, an emergency declaration is generally of lesser scope and
impact than a major disaster declaration.
Sample Disaster I Emergency Declaration
WHEREAS, The City of Wheat Ridge suffered serious damage to roads, bridges,
homes, businesses, and other public and private facilities caused by excessive
snow melt and unreasonably heavy rains, which occurred on ______ _
and (date)
WHEREAS, the cost and magnitude of responding to and recovering from the
impact of the ensuing event is far in excess of the city's available resources;
Now THEREFORE, be it resolved, that the City Council of Wheat Ridge,
Colorado, declare this to be a disaster area.
DATEDAT _____________________ ,COLORADO
THIS DAY OF , (DATE)
at _____ {TIME)
Mayor of the City of Wheat_fidge
NOTE: Supply two (2) copies to CDEM-
9195 East Mineral Avenue, Suite 200
Centennial, Colorado 80112
Fax: 720.852.6750
OEM will forward one (1) copy to the Governor's Office.
Page 90
CML DISASTERS AND EMERGENCIES § 6-25
ARTICLE I. IN GENERAL
Sees. 6-1--G-20. Reserved.
ARTICLE ll. CIVIL EMERGENCIES*
Sec. 6-21. Purpose of article.
The city will from time to time in the future, in
all probability, have within its corporate limits
fires, floods, civil disturbances and riots; and,
therefore, it is deemed in the best interest of the
city to exercise certain emergency police powers
necessary to and incidental to the maintenance of
the safety, health and welfare of the citizens of the
city.
(Code 1977, § 7-1)
Sec. 6-22. Violations.
Any person who shall willfully fail or refuse to
comply with the orders of duly authorized law
enforcement officers or personnel charged with
the responsibility of enforcing the proclamation of
emergency authorized herein shall be deemed
guilty of a misdemeanor and, upon conviction
thereof, shall be subject to a fine of not more than
one thousand dollars ($1,000.00).
(Code 1977, § 7-7; Ord. No. 1998-1120, § 3, 6-8-98)
Sec. 6-23. Mayor's powers-Generally.
Emergency police powers shall be placed in the
hands of the mayor of the city and that these
powers should be exercised only in the event of an
emergency as herein contemplated and shall only
be exercised for such period of time as the actual
emergency exists and further that such powers
shall only be invoked after declaration and proc-
lamation of an emergency.
(Code 1977, § 7-2)
•State law reference-Local disaster emergencies, C.R.S .
§ 24-33.5-709.
Sec. 6-24. Same-Declaration of emergency.
In addition to any and all powers enumerated
in the ordinances of the city, the mayor shall have
further emergency powers necessary to preserve
the peace and order of the city as follows:
(1) The mayor shall have the power to de-
clare an emergency to exist when, in his
opinion, one (1) or more of the following
conditions exists:
a. That there is extreme likelihood of
danger of destruction of life or prop-
erty due to unusual conditions.
b. Unusual or extreme weather condi-
tions, making use of city streets or
areas difficult or impossible.
c. Civil unrest, commotion or uprising
is imminent or exists.
d. There is a stoppage or loss of electri-
cal power affecting a major portion
of the city.
(2) The emergency shall be declared in a
proclamation of the mayor, which procla-
mation shall be delivered to the chief of
police, who shall then see that such proc-
lamation is delivered to all news media
within the city who shall immediately
notify the public or such proclamation
and that violators will be arrested and
subject to penalty.
(Code 1977, § 7-3)
Sec. 6-25. Same-Enumerated.
After declaration of an emergency under the
provisions of this article, the mayor shall have the
authority to exercise any or all of the following
powers:
(1) Call upon enforcement agencies. 1b call
upon regular and auxiliary enforcement
agencies and organizations within or with-
out the city to assist in preserving and
keeping the peace and the preservation of
life and property of the citizenry of the
city.
(2) Close streets and sidewalks. The power to
close streets and sidewalks and to delin-
eate areas within the city wherein an
emergency exists.
Supp. No. 21 405
Attachment 3
§ 6-25 WHEAT RIDGE CITY CODE
(3) Curfew. 'Ib impose a curfew upon all or
any portion of the city thereby requiring
all persons in such designated curfew
areas to forthwith remove themselves from
the public streets, alleys, parks or other
public places; provided, that ambulance
operators performing medical services, util-
ity personnel maintaining essential pub-
lic services, firemen and city authorized
or requested enforcement officers and per-
sonnel may be exempted from such cur-
few.
(4) Business closing. Th order the closing of
any business establishments anywhere
within the city for the period of the emer-
gency, such businesses to include, but not
be limited to, those selling intoxicating
liquors, malt beverages, gasoline or fire-
arms.
(5) Acts necessary to preserve life. The power
to do any and all acts necessary and
incidental to the preservation of life, limb
and property within the city.
(Code 1977, § 7-4)
Sec. 6-26. Proclamation of emergency-
When effective.
The proclamation of emergency specifying with
exactness the area in which the emergency is
declared to exist shall become effective upon its
issuance and dissemination to the public by the
appropriate news media.
(Code 1977, § 7-5)
Sec. 6-27. Same-Termination.
(a) Any emergency proclaimed in accordance
with the provision of section 6-24 shall terminate
after forty-eight (48) hours from the issuance
thereof, or upon the issuance of a proclamation
determining an emergency no longer exists, which-
ever occurs first; provided, however, upon decla-
ration of a second or further emergencies to exist
the emergency powers set forth herein may be
exercised during such further emergency period
or periods, but never for more than forty-eight
(48) hours in one (1) declared emergency period.
Supp. No . 21 406
(b) No emergency period shall extend beyond
the next regular, special or called meeting of the
city council unless at such meeting the declara-
tion of emergency is specifically approved by
resolution of the council.
(Code 1977, § 7-6)
[The next page ia 455)
§ 3.1 WHEAT RIDGE CITY CODE
held on the first 'fuesday after the first Monday in
November, 1997, his term of office shall be for four
(4) years and shall commence on his taking the
oath of office at the ensuing organizational meet-
ing of the city council held after the election in the
year elected and shall continue during the term
for which he shall have been elected until his
successor shall have been elected and duly qual-
Hied.
No person shall serve in the office of mayor for
more than two (2) consecutive terms of office. This
limitation on the number of consecutive terms
shall apply to terms of office commencing on or
after November 4, 1997. Any person who succeeds
to the office of mayor, and who serves at least
one-half of a term in the office, shall be considered
to have served a full term in that office. Terms are
considered consecutive unless separated by at
least four (4) full years.
(Ord. No. 864, § 3(a), 6-24-91; Ord. No. 1997-1081,
§ 1, 7-28-97)
Editor's note-The amendments to § 3.1 above were
ratified at referendum held Nov. 4, 1997.
Sec. 3.2. Power and duties of the mayor.
The mayor shall be the recognized head of the
city government for all legal and ceremonial pur-
poses. All contracts in writing binding the city, all
conveyances of interests in land by the city, and
any other documents requiring his signature shall
be signed by the mayor (or person acting as mayor
as herein provided).
The mayor shall be the chief elected officer of
the city. The mayor shall be responsible for the
efficient administration of all affairs of the city
placed in his charge. The mayor shall serve as a
liaison between the city council and the city
administration, including, but not limited to, at-
tendance at meetings and special events involv-
ing the city administration.
The mayor shall be a conservator of the peace,
and in emergencies may exercise within the city
the powers conferred by the Governor of the State
of Colorado for the purposes of military law, and
shall have the authority to command the assis-
tance of all able-bodied citizens to aid in the
enforcement of the ordinances of the city and to
suppress riot and disorder. Except as may be
required by statute, the mayor shall exercise such
other powers as the council shall confer upon him.
The mayor shall have the power to veto any
ordinance passed by the council in accordance
with the procedure set forth in section 5.14 of this
Charter. The mayor shall also preside over city
council meetings.
In the event of a tie vote by the city council,
except upon adoption or amendment of the bud-
get, the mayor shall cast a tie-breaking vote. In no
other instance shall the mayor cast a vote on a
matter presented to the council for decision. On
any ordinance upon which the mayor has cast a
tie-breaking vote, the mayor shall not exercise his
power to veto said ordinance.
(Ord. No . 863, § 3, 6-24-91; Ord. No. 1996-1038, §
1, 7-22-96)
Sec. 3.3. Mayor pro tempore.
The council shall elect one (1) of its members to
serve as the mayor pro tempore of the city. He
shall serve in place of the mayor during the
absence or disability of the mayor with all powers
and duties of the mayor, except he shall not have
the power to veto ordinances. In case of a vacancy
in the office of mayor, the mayor pro tempore shall
serve as mayor only until the vacancy is filled, as
provided in section 3.11.
Sec. 3.4. Manager.
The city manager shall be the chief adminis-
trative officer of the city. The council, by majority
vote of all members, shall appoint a city manager
who shall serve at the pleasure of the council,
without definite term and at a salary fixed by the
council. The council shall appoint a city manager
within a reasonable time after a vacancy exists in
the position. During the period of any vacancy or
extended absence in the office of city manager, the
council shall appoint an acting city manager. The
city manager may appoint an employee of the city
as acting city manager during the temporary
absence (not to exceed thirty (30) days) of the city
manager. Any acting city manager shall have all
of the responsibilities, duties, and authority of the
Supp. No . 20 10
Attachment 4
~lcm 3.
~~A~
..... ., City of ~Wheat&_.dge ~OFFICE OF THE CllY MANAGER
Memorandum
TO: Mayor and City Council
Patrick Goff, City Manage~ THROUGH:
FROM: Steve Art, Economic Development Manager
DATE: J anuary 7, 2013
SUBJECT: Liquid Art Works, Inc. Business Development Zone and Enhanced Sales
Tax Incentive Application
ISSUES:
Should the City of Wheat Ridge enter into a Business Development Zone (BDZ) agreement and
an Enhanced Sales Tax Incentive Program (ESTIP) agreement with Liquid Art Works, Inc. dba
Colorado Plus (Colorado Plus) for the construction of a new brew pub? Staff is seeking
guidance from Council on the following:
1. Authorization to proceed forward with the drafting of an agreement for City Council
approval to enter into an ESTIP and/or BDZ with Colorado Plus; and
2. Guidance on the total amount ofincentive(s) and the time period of which agreement(s)
would run.
THE PROJECT:
Colorado Plus recently purchased the site at 6695 W. 38th Avenue for the construction of a new
brew pub. The site formerly housed Valente's Italian Restaurant that ceased operations in
October of 2008. The site has remained vacant for 4 years and due to a lack of investment and
the buildings age, the structure has fallen into disrepair.
The owners of Colorado Plus are performing tenant improvements and will open a brew pub in
the spring of 2013. When completed, Colorado Plus will seat over 130 guests. The Brew Pub
will have interior seating for about I 00 persons and an outdoor patio area along 381h Avenue
served by two roll up styl e garage doors. The brew pub will feature 52 Colorado brewed craft
beers and four beers crafted on site and served under the label of Colorado +. Besides the
diversity of craft beer offerings, Colorado Plus will a lso serve vinous and distilled spirits,
primarily from local producers, and offer a diverse menu with food offerings that includ e
Hawaiian and Korean style BBQ.
Colorado Plus will hire u p to eight new employees and they anticipate increasing that number as
the customer base increases. This development is new to the City and meets the goals of
providing nich e businesses along the City's main street corridor, 38th Avenue. The brew pub is
anticipated to generate fees and taxes associated with the redevelopment an d an increase in
property, sales and use tax.
Study Session Memo
January 7, 2013
Page2
SITE IMPROVEMENTS:
As previously stated, the building is about 44 years old and is in need of a major overhaul to
bring it up to current standards that are compliant with building codes. Besides the decor
improvements to the interior and exterior of the structure, the building requires vast
improvements to its plumbing, electrical, and mechanical systems. The building is also laden
with asbestos which must be remediated to allow for decor improvements. Some of these
improvements are currently in the process as rehabilitation began in October 2012.
Improvements that will be visible include the addition of two, glass, garage-style roll up doors,
similar to the one at Right Coast Pizza. These doors will denote a clean, modern appeal which
allows patrons to enjoy their experience from inside the facility or on the patio. Seating areas
will be improved as Colorado Plus has removed all the old booths used by Valente's and will
replace all those with new furnishings.
Portions of the BDZ and ESTIP funds would be rebated for public improvements to address
accessibility issues throughout the building, new fa<yade and patio seating area to enhance the
attractiveness of 38 1h Avenue, demolition, concrete work, roofing repairs, roll-up doors, asbestos
abatement, electrical, plumbing work, fire suppression system and kitchen expansion.
Inside, the facility is being designed by Lakota Skye, a decor company specializing in
restaurants. The theme will be an industrial look featuring wide-open ceilings to expose the I-
beams. A 17-foot bar will feature native rocks and/or lumber as structural support and decor.
Colors include steel grey, silver, gold, black and white. All facilities will be upgraded to ADA
compliance standards.
The parking areas in both parking lots are in poor shape and will be re-sealed andre-striped
giving those areas a new and fresh look. New signage will be placed on the building and the old
pole sign in the parking lot to the west of the structure will be removed and may be replaced with
a monument sign at some point.
The project has not been without its change orders as demolition and new construction continue.
These change orders have resulted in the original project budget being amended and have greatly
increased development costs. Wheat Ridge-based Compass Construction has been awarded the
contract to complete the improvements per the owner's plans. These major cost overruns are the
reason that Colorado Plus ownership is requesting the BDZ and ESTIP with the City of Wheat
Ridge. These increased development costs have forced the owners to make some major
decisions on development and a phasing of Colorado Plus.
The current facility, when used by Valente's was more than 7,000 sq. ft. and contained or
required no fire suppression system. Under current building codes, restaurants over 3,500 sq. ft.
are required to have a fully-installed fire suppression system . This system will cost the owners
approximately $50,000 and is cost prohibitive at this junction of development. Instead, Compass
Construction will build a temporary fire wall, at a cost of $15,000 that will close off about 50%
of the site thus negating the need for the fire suppression system at this juncture of development.
At some point, when BDZ, ESTIP or other revenues are realized, the owners will remove the
temporary wall, add the fire suppression system, and double the occupancy load of Colorado
Plus. Additional ESTIP funds will be utilized to expand the kitchen by installing a full hood-
Study Session Memo
January 7, 2013
Page 3
system, cook top, thus providing for more food options.
BACKGROUND:
Chapter 22 of the Wheat Ridge Code of Laws established the ESTIP and the BDZ Program. The
primary purpose of the ESTIP is to encourage the establishment and/or substantial expansion of
retail sales tax generating businesses within the City. The primary purpose of the BDZ Program
is to provide incentives for new development or revitalization to overcome conditions of
unemployment, underemployment, net outmigration of the population, diminution of tax
revenues, chronic economic distress and deterioration of business districts and public
infrastructure. The ESTIP provides incentives through the rebate of future sales tax increment
while the BDZ provides incentives through the rebate of use tax on furniture and fixtures
associated with the initial development or redevelopment project, use tax on building materials,
building permit fees and zoning fees.
In the past the Council has approved several ESTIP and BDZ agreements with existing Wheat
Ridge businesses, non-profits, and businesses looking for an incentive to relocate to Wheat
Ridge. Every project was unique but each was evaluated for incentives against a set of criteria
outlined in the Code of Laws.
The criteria for approval ofboth an ESTIP and a BDZ agreement are as follows:
l. The amount of enhanced sales tax (and use tax for a BDZ agreement) which can
reasonably be anticipated to be derived by the City through the expanded or new tax
generating business;
2. The public benefits which are provided by the applicant through public works, public
improvements, additional employment for City residents;
3. The amount of City expenditures which may be deferred by the City based upon public
improvements to be completed by the applicant; and
4. The conformance of the applicant's property or project with the comprehensive plan and
zoning ordinances of the City.
On May 14, 2012, City Council adopted Resolution 24-2012 which established the entire
incorporated City of Wheat Ridge as a Business Development Zone. The resolution also
stipulated that the BDZ Program would be used as an economic development incentive to target
businesses that wiii enhance the City's sales and use tax base and create jobs to include, but not
limited to, the following:
a. Niche and specialty retail-gardening, landscaping, and produce retailers; outdoor
lifestyle and recreation retailers; full service, sit-down restaurants; furniture, hardware
and clothing stores. Walrus 5560 and the remodel of King Soopers are examples that
Council recently approved for BDZ and ESTIP.
b. Primary employers-medical-related facilities and supporting services to complement
Exempla Lutheran hospital, and clean energy and biotechnology companies to locate in
the Clear Creek Crossing or TOD area.
According to a study completed by the Craft Beer Association (CBA) and the Journal of
Advertising and Marketing (JAM), the average craft beer drinker's age is between 25-40 years old
and has an income of over $50,000 per year compared with the average income of $35,000 for a
major big beer drinker. Colorado Plus owners believe these numbers support the development of
Study Session Memo
January 7, 2013
Page 4
the site and that it will attract regional customers and increase sales tax through the use of
additional services in the area.
PROJECT INCENTIVE REQUEST:
In September 2012, Colorado Plus approached staff with a desire to enter into a BDZ Agreement
wherein Colorado Plus would receive up to I 00% rebate of their use tax, building permit and
zoning fees. In that September request, Colorado Plus estimated total building construction
improvements, furniture, fixtures and equipment at $209,135. As of December 2012, that
number has risen to more than $300,000 with a total investment of more than $1 ,000,000. To
date, they have paid the City $3,768.21 in use-tax fees, and $6,806.77 in permit fees.
Then, in October of2012, with change orders and unanticipated construction costs affecting the
development, Colorado Plus approached staff with a desire to enter into an ESTIP Agreement
wherein Colorado Plus would receive a portion of their annual enhanced sales tax annually for a
period of years.
Because this is a type of business that has not operated in Wheat Ridge, it's difficult to assess the
estimated amount of sales tax that may be generated annually. Based on recent history of
restaurant sales, the facility could generate annual new sales tax to the City in the area of
$25,000.
Colorado Plus is requesting a total incentive package of$80,000 to be broken down into a BDZ
request of approximately $3,800 and an ESTIP for the remaining portion of the request. In
calculating the ESTIP, the base year would be set at zero dollars based on the previous 12-
months of sales tax production at that address .
The City of Wheat Ridge would be at no risk in entering into the ESTIP because no funds are
released to Colorado Plus prior to the sales tax revenues being received by the City. The ESTIP
funds are provided to the project once a year.
PROJECT PROFORMA:
Colorado Plus provided a project pro forma for staffs review. This pro forma has not been
analyzed by an independent third party and therefore the financial data provided has not been
substantiated.
Colorado Plus purchased the site for $675,000 and has a monthly debt service of$3,300 and an
annual property tax payment of $15,495. Development costs are anticipated near $300,000 for a
total project cost of just over $1,028,000. Colorado Plus has an equity loan of $675,000 and its
owners are investing $300,000 of their own equity into the project. The project is also receiving
$60,000 of funding from a grant from Wheat Ridge 2020. The total funding sources add to
$1 ,035,000.
The project anticipates monthly expenses of approximately $61,000 and revenues of about
$70,000 per month generating, generating approximately $25,000 in sales tax annually.
Study Session Memo
January 7, 2013
Page 5
COUNCIL CONSIDERATIONS:
Staff would like direction on the following:
I. Should staff move forward with drafting BDZ and ESTIP agreements with Liquid Art Works, Inc.
dba Colorado Plus for a total incentive request of $80,000?
2. How much use-tax and other fees should be rebated through a BDZ agreement? The request is for
$3,800 and total estimated taxes and fees for this project are $12,000.
3. How much sales tax increment should be rebated through an ESTIP agreement, how much per
year and for how many years? The request is for $76,200. The base year for sales tax generation
would be based upon the previous 12 months of sales tax generation on the site, which would be
zero dollars. Sales tax increment is estimated at $25,000 per year.
Staff recommends funding this project to the full requested amount for the following reasons:
1. The project meets the objectives of the 38th Avenue Corridor Urban Renewal Plan, the
38th Avenue Subarea Plan, and Envision Wheat Ridge by providing new niche and sales
tax producing products.
2. The project could be a catalyst for similar redevelopment of adjacent properties along the
corridor and could help stimulate development of the closed Mark's Restaurant directly
across the street from this project.
3. The project site has been vacant for four years. This project will aide in eliminating blight
along the 38th A venue corridor.
4. The project will bring additional 'life' to 38th Avenue with increased pedestrian, bike and
motor vehicular access.
5. The project will bring in new sales tax revenues and employment.
ATTACHMENTS:
1. Chapter 22, Division 4-Enhanced Sales Tax Incentive Program
2. Chapter 22, Division 5-Business Development Zone
3. Liquid Art Works project description and pro forma
Attachment 1
Sec. 22-73. -Program established.
There is hereby established within the city an enhanced sales tax incentive program.
(Ord. No. 1988-758. § 1(24-1). 5-23-88; Ord. No. 1272. § 1. 12-9-02)
Sec. 22-74.-Purpose.
The purpose of the enhanced sales tax incentive program created by this division is to encourage
the establishment and/or substantial expansion of retail sales tax generating businesses within the city,
thereby stimulating the economy of and within the city, thereby providing employment for residents of the
city and others, thereby further expanding the goods available for purchase and consumption by residents of
the city, and further increasing the sales taxes collected by the city, which increased sales tax collections will
enable the city to provide expanded and improved municipal services to and for the benefit of the residents
of the city, while at the same time providing public or public-related improvements at no cost, or at deferred
cost, to the city and its taxpayers and residents.
(Ord. No. 1988-758. § 1(24-2). 5-23-88. Ord. No. 1272. § 1. 12-9-02)
Sec. 22-75. -Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Enhanced sales tax shall mean the amount of sales tax collected by the city over and above a base
amount negotiated by, and agreed upon by, the applicant and the city, and which amount is approved by the
city council, which base amount shall never be lower than the amount of sales taxes collected by the city at
the property in question in the previous twelve (12) months plus a reasonable and agreed upon percentage
of anticipated increase in sales taxes, or, in the case of a newly established business, an amount which
represents the good faith determination by the applicant and the city as to the amount of sales taxes which
could be generated from the new business without the participation by applicant in the ESTIP created under
this division.
ESTIP means the enhanced sales tax incentive program created under this division.
Owner or proprietor shall mean the record owner or operator of an individual business, or, in the
case of a shopping center, the owner of the real property upon which more than one (1) business is
operated, provided that the owner (whether an individual, corporation, partnership or other entity) is the
owner or less or of the individual businesses operated thereon.
(Or d. No. 1988-758. § 1 (24-3). 5-23-88: Ord. No. 1272. § 1. 12-9-02)
Sec. 22-76. -Participation.
Attachment 1
Participation in ESTIP shall be based upon approval by the city council exercising its legislative
discretion in good faith. Any owner or proprietor of a newly established or proposed retail sales tax
generating business or location, or the owner or proprietor of an existing retail sales tax generating business
or location which wishes to expand substantially, may apply to the city for inclusion within the ESTIP
provided that the new or expanded business is reasonably likely to generate enhanced sales taxes of at
least five thousand dollars ($5,000.00) in the first year of operation.
(Ord. No. 1988 758. § 1(24 4). 5-23-88. Ord. No. 1990 854. § 1 11 26-90. 01d. No. 1272 § 1. 12-9 02)
Sec. 22-77.-Approval of agreement; use of funds generally.
Approval by the city council of an agreement implementing this ESTIP shall entitle the successful
applicant to share in enhanced sales taxes derived from applicant's property or business in an amount which
shall not in any event exceed the enhanced sales taxes; provided, however, that applicant may use such
amounts only for public and/or public-related purposes such as those specified herein and which are
expressly approved by the city council at the time of consideration of the application. The time period in
which the enhanced sales taxes may be shared shall not commence until all public or public-related
improvements are completed, and shall be limited by the city council, in its discretion, to a specified time, or
until a specified amount is reached.
(Ord. No 1988 758. § 1(24 5) 5 23 88. Ord No. 2002 1240 § 1. 1-28 02 . 01d. No 1272. § 1. 12 9 02)
Sec. 22-78.-Uses enumerated.
The uses to which the shared enhanced sales taxes may be put by an applicant shall be strictly
limited to those which are public or public-related in nature. For the purposes of this division, public or
public-related purposes shall mean public improvements, including but not limited to streets, sidewalks,
curbs, gutters, pedestrian malls, street lights, drainage facilities, landscaping, decorative structures,
statuaries, fountains, identification signs, traffic safety devices, bicycle paths, off-street parking facilities,
benches, restrooms, information booths, public meeting facilities, and all necessary, incidental, and
appurtenant structures and improvements, together with the relocation and improvement of existing utility
lines, and any other improvements of a similar nature which are specifically approved by the city council
upon the city council's finding that said improvement are public or public-related improvements, and that
such improvements shall enhance the competitive position of the applicant within the Denver metropolitan
area marketplace.
(Ord. No 1988-758. § 1(24-6) 5-23-88. Ord No. 1272. § 1. 12-9-02)
Sec. 22-79.-Increments, sharing of funds.
The base figure for sales taxes shall be divided into twelve (12) monthly increments, which
increments are subject to agreement between the parties, and approval by the city council, and which
increments shall be reasonably related to the average monthly performance of the business or property in
question, or similar businesses in the area (i.e. adjust for seasonal variations). If in any month the agreed
upon figure is not meet by applicant so as to create enhanced sales tax for that month, no funds shall be
shared with applicant for that month, and no increment shall be shared until that deficit, and any other
cumulative deficit, has been met, so that at the end of any twelve-month cycle, funds in excess of those
enhanced sales taxes agreed to be shared shall not have been shared with any applicant.
(Ord. No. 7988-758, § 1(24-7). 5-23-88. Ord. No. 1272, § 1. 12-9-02)
Sec. 22-80. -Revenues restricted.
It is an overriding consideration and determination of the city council that existing sources of city
sales tax revenues shall not be used, impaired, or otherwise affected by this enhanced sales tax incentive
program. Therefore, it is hereby conclusively determined that only enhanced sales taxes generated by the
properties described in an application shall be subject to division under this ESTIP. It shall be the affirmative
duty of the treasurer to collect and hold all such enhanced sales taxes in a separate account apart from the
sales taxes generated by and collected from the other sales tax generating uses and businesses within the
city and to provide an accounting system which accomplishes the overriding purpose of this section. It is
conclusively stated by the city council that this division would not be adopted or implemented but for the
provisions of this section.
(Ord. No . 1988-758. § 1(24-8). 5-23-88. Ord. No . 1272, § 1. 12-9-02)
Sec. 22-81. -Capital improvement fund.
The one (1) percent of sales and use taxes earmarked for the capital improvement fund may be
utilized in this ESTIP for public improvements so long as the same are within the meaning of the phrase
capital improvements as defined in the voter approved sales tax referendum previously held within the city,
and provided that the same are found and determined by the city council to be capital improvements which
could be provided by the city from the capital improvement fund but for the provision of such improvements
by the applicant; provided, however. that such use of capital improvement funds as part of this ESTIP shall
be limited to the amount agreed pursuant to section 22-83 hereof; provided further, however, that nothing
contained herein shall limit the city council in the determination to appropriate additional capital improvement
funds for capital improvements affecting the property in question as a part of the city's regular appropriation
and budget process.
(Ord No. 1988-758. § 1(24-9). 5-23-88: Ord . No . 1272. § 1. 12-9-02)
Sec. 22-82. -Criteria for approval of application.
Approval of an application for inclusion in this ESTIP shall be given by the city council, at a public
hearing held as a portion of a regular1y scheduled city council meeting, based upon the following criteria:
( 1)
(2)
(3)
The amount of enhanced sales taxes which are reasonably to be anticipated to be derived
by the city through the expanded or new retail sales tax generating business;
The public benefits which are provided by the applicant through public works, public
improvements, additional employment for city residents, etc.;
{4)
{5)
(6)
The amount of expenditures which may be deferred by the city based upon public
improvements to be completed by the applicant;
The conformance of the applicant's property or project with the comprehensive plan and
zoning ordinances of the city;
The agreement required by section 22-83 having been re ached, which agreement shall
contain and conform to all requirements of section 22-83
Approval shall be by motion adopted by a majority of the entire city council.
(Ord No 1988-758. § 1(2 4 -10). 5-23-88. Ord. No. 1272. § 1. 12-9-02)
Sec. 22-83. -Agreement required.
Each application for approval submitted to the city council shall be subject to approval by the
council solely on its own merits . Approval of an application shall require that an agreement be executed by
the owner and the city, which agreement shall, at a minimum, contain :
( 1)
{2)
(3)
(4)
{5)
{6)
A list of those public or public-related improvements which justify applicant's approval, and
the amount which shall be spent on such improvements ;
The maximum amount of enhanced sales taxes to be shared, and the maximum time
during which the agreement shall continue, it being expressly understood that any such
agreement shall expire and be of no further force and effect upon the occurrence of the
earlier to be reached of the maximum time of the agreement (whether or not the maximum
amount to be shared has been reached) or the maximum amount to be shared (whether
or not the maximum time set forth has expired);
A statement that this is a personal agreement which is not transferable and which does
not run with the land ;
That this agreement shall never constitute a debt or obligation of the city within any
constitutional or statutory provision;
The base amount which is agreed upon by month, and the fact that if, in any month as
specified, sales taxes received from the property do not at least equal such amount, that
there shall be no sharing of funds for such month;
The base amount shall be agreed upon which shall consider the historic level of sales at
the property in question, or a similar property within the area in the event of a new
(7)
(8)
(9)
business, and a reasonable allowance for increased sales due to the improvements and
upgrades completed as a result of inclusion within this program;
A provision that any enhanced sales taxes subject to sharing shall be escrowed in the
event there is a legal challenge to this enhanced sales tax incentive program or the
approval of any application therefor;
An affirmative statement that the obligations, benefits, and/or provisions of this agreement
may not be assigned in whole or in any part without the expressed authorization of the city
council , and further that no third party shall be entitled to rely upon or enforce any
provision hereof;
Any other provisions agreed upon by the parties and approved by the city council .
(Ord No 1988-758 . § 1(24-11). 5 -23-88. Ord . No. 1272. § 1. 12-9-02)
Sec. 22-84. -Joint venture ; liability.
The city council has enacted this ESTIP as a joint benefit to the public at large and to private
owners for the purposes of providing the city with increased sales tax revenues generated upon and by
properties improved as a result of this program ; public improvements being completed by private owners
through no debt obligation being incurred on the part of the city, and allowing applicants an opportunity to
improve properties which generate sales activities, which improvements make those properties more
competitive in the marketplace and further provide to the applicant additional contingent sources of revenues
for upgrading such properties . The city council specifically finds and determines that creation of this ESTIP
is consistent with the city's powers as a home rule municipal corporation, and that exercise of such powers
in the manner set forth herein is in furtherance of the public health, safety and welfare. Notwithstanding any
provision hereof, the city shall never be a joint venture in any private entity or activity which participates in
this ESTIP, and the city shall never be liable or responsible for any debt or obligation of any participant in
ESTIP.
(Ord. No. 1988· 758. § 1 (2 4 12). 5 23 -88: Ord . No. 12 72 . § 1. 12 -9 02)
Attachment 2
Sec. 22-85. -Program established.
There is hereby established within the city the 'Wheat Ridge Business Development Zone"
program.
(Ord. No. 888, § 1, 1-13-92; Ord. No. 1272, § 1, 12-9-02)
Sec. 22-86. -Legislative declarations.
(a)
The city council of the city hereby finds and declares:
(1) That the health, safety and welfare of the people of this city are in large part dependent
upon the continued encouragement, development and expansion of opportunities for employment
in the private sector in this city;
(2) That there currently exists in this city businesses or vacant land which require new
development or revitalization opportunities to overcome conditions of unemployment,
underemployment, net out-migration of the population, diminution of tax revenues, chronic
economic distress and blighting influences such as, but not limited to, deterioration of business
districts, deterioration of public infrastructures, traffic and drainage problems or sudden severe
economic dislocations;
(3) That by creating new development, redevelopment or expansion opportunities for
businesses within the city the city council will increase the likelihood that new and improved
businesses will generate more municipal sales and use tax revenues for the city in the future.
(b) It is therefore declared to be the policy of the city, in order to provide incentives for
private enterprises to expand or for new businesses to locate in the city, to develop a program
which empowers the city council to designate portions of the city as a "business development zone"
and to provide for the abatement of certain categories of fees, taxes and other business
development-related charges for new development or redevelopment within such districts.
(c) The city council has enacted this division 5 of article I of chapter 22 of the Code of
Laws as a joint benefit to the public at large and to private owners for the purposes of reducing
blight in our business districts and of providing the city with increased sales and use tax revenues
generated upon and by properties improved as a result of this program and allowing owners and
proprietors opportunities to improve properties which generate sales activities, which improvements
make those properties more competitive in the marketplace and further provide to owners and
proprietors additional contingent sources of revenues for ungrading such properties.
(d) The city council specifically finds and determines that creation of this "business
development zone" division and the exercise of the powers enumerated herein are consistent with
and promotes the public health, safety and general welfare of the citizens of Wheat Ridge.
(Ord. No . 888, § 1, 1-13-92; Ord. No. 1993-947, § 1, 12-13-93; Ord. No. 1272, § 1, 12-9-02)
Sec. 22-87.-Definitions.
Attachment 2
As used in this division, the following phrases shall have the following meanings unless the context
clearly indicates another meaning:
( 1) The phrase eligible city fees, charges and taxes shall mean and shall be limited to use tax on
furniture and fixtures associated with the initial development or redevelopment "project," use
tax on building materials, building permit fees and zoning fees.
(2) The phrase expected incremental future sales and use tax revenue shall mean the amount of
the additional sales and use tax revenue, as projected by the city, expected to be generated during
the council-designated time period from the time of completion of the "project" over and above the
sales and use tax fees generated on the premises in the twelve (12) months preceding the
application described in section 22-88
(3) The phrase owner or proprietor shall mean the record owner, tenant or operator of an individual
business or, in the case of a shopping center, the owner of the real property upon which more than
one business is operated.
( 4) Project shall mean the specific development or redevelopment expenditures which relate both
to the abatement of "eligible city fees, charges, and taxes" and "expected incremental future sales
and use tax revenues."
(Ord. No. 888, § 1, 1-13-92; Ord. No. 1272, § 1, 12-9-02)
Sec. 22-88. -Participation.
Participation in the business development zone program shall be based upon approval by the city
council, exercising its legislative discretion in good fa ith. Any owner or proprietor of an established , proposed
or newly purchased business, or the owner or proprietor of an existing business which wishes to expand,
may apply to the city for inclusion within the program . Abatement or sharing of el igible city fees, charges,
and taxes shall, upon approval of the application by the city council, be granted up to the amount of
expected incremental future sales and use tax revenue to be generated by the project during the agreed to
time period.
(Ord. No. 888, § 1, 1-13-92; Ord. No. 1272, § 1, 12-9-02)
Sec. 22-89. -Approval of agreement; use of funds generally.
Approval by the city council of an agreement implementing the provisions of this division shall
entitle the applicant to share in the eligible city fees, charges and taxes up to the amount agreed by the city
council; provided, however, that applicant may use such amounts only for the purpose of developing or
redeveloping the business within the approved business development zone, which purposes shall be
specifically enumerated in the agreement provided for in section 22-94 hereof.
(Ord. No . 888, § 1, 1-13-92; Ord. No. 1272, § 1, 12-9-02)
Sec. 22-90. -Uses enumerated.
The uses to which the eligible city fees, charges and taxes may be put by an appli cant shall be
strictly limited to those which are approved by the city council and relate directly to the development or
redevelopment of businesses within the city , which developed or redeveloped businesses will generate more
municipal sales and use tax revenues for the city in the future. Priority shall be given to all businesses which
make application for inclusion within this program and who agree to utilize the eligible city fees, charges and
taxes for the public or public-related purposes identified section 22-78 of this Code of Laws.
(Ord. No. 888, § 1, 1-13-92; Ord. No. 1272, § 1, 12-9-02)
Sec. 22-91. • Increments, sharing of funds.
The base figure for eligible city fees, charges and taxes shall be divided into twelve (12) monthly
increments, which increments are subject to agreement between the parties and approved by the city
council, and which increments shall be reasonably related to the amount of sales and use taxes generated
on the premises in the twelve (12) months preceding the application received by the city for participation in
this program. The accounting and payment provisions of sections 22-79 and 22-80 hereof are hereby
declared to be applicable to any application approved hereunder.
(Ord. No. 888, § 1, 1-13-92; Ord. No. 1272, § 1, 12-9-02)
Sec. 22-92. -Capital improvement fund.
The one (1) percent of use taxes earmarked for the capital improvement fund may be utilized in this
business development zone program for public improvements so long as the same are within the meaning of
the phrase capital improvements as defined in the voter-approved sales tax referendum previously held
within the city, and provided the public improvements are found and determined by the city council to be
capital improvements which could be provided by the city from the capital improvement fund but for the
provision of such improvements by the applicant.
(Ord. No. 888, § 1, 1-13-92; Ord. No. 1272, § 1, 12-9-02)
Sec. 22-93. • Criteria for approval of application.
(a) Approval of an application for inclusion in this business development zone program shall be given by the
city council at a public hearing held as a portion of a regularly scheduled city council meeting based upon
the following criteria:
(1) The amount of expected incremental future sales and use tax revenue which [can] reasonably
be anticipated to be derived by the city through the expanded or new tax generating business;
(2) The public benefits which are provided by the applicant through public works, public
improvements, additional employment for city residents, etc.;
(3) The amount, if any, of city expenditures which may be deferred based upon public
improvements to be completed by the applicant;
( 4) The conformance of the applicant's property or project with the comprehensive plan and zoning
ordinances of the city;
(5) The agreement required by section 22-94 hereof having been reached, which agreement shall
contain and conform to all of the requirements of such section .
(b) Approval of any application shall be made by motion adopted by a majority of the entire city counci l.
(c) The city council may by three-fourths (:Y.) majority vote approve exceptions to the provisions of th is
division when such exceptions are found to be in the public's interest and such exceptions provide
substantial benefit to the city .
(Ord. No. 888, § 1, 1-13-92; Ord. No. 1993-947, § 2, 12-13-93; Ord. No . 1272, § 1, 12-9-02)
Sec. 22-94. -Agreement required.
Each application for approval to the city council shall be subject to approval by the council solely on
its own merits. Approva l of one application shall not require , or be deemed precedent fo r, approva l o f any
other application. Approval of an application shall require that an agreement be executed by the owner and
the city, which agreement shall, at a minimum contain:
(1) A list of those public or public-related improvements which justify applicant's approva l , and the
amount which shall be spend on such improvements;
(2 The maximum amount of expected incremental future sales and use tax revenue and the
maximum time during which the agreement shall continue, it be ing expressly understood that any
such agreement shall expire and be of no further force and effect upon the occurrence of the earlier
to be reached of the maximum time of the agreement (whether or not the maximum amount to be
shared has been reached) or the maximum amount to be shared (whether or not the maximum
time set forth has expired);
(3) A statement that this is a personal agreement which is not transferable and which does not run
with the land ;
( 4) That this agreement shall never constitute a debt or obligation of the city within any
constitutional or statutory provision;
(5) The base amount which is agreed upon by month , and the fact that if, in any month as
specified , expected incremental future sales and use tax revenue received from the propert y does
not at least equal such amount, that there shall be no sharing of funds for such month;
(6) The base amount shall be agreed upon, which shall consider the use taxes generated by the
property in question, or a similar property within the city in the event of a new business;
(7) A provision that any expected incremental future sales and use tax revenue shall be escrowed
in the event there is a legal challenge to this business development zone program ;
(8) An affirmative statement that the obligati ons, benefits and/or provisions of this agreement may
not be assigned in whole or in any part without the expressed authorization of the city council, and
further that no third party shall be entitled to rely upon or enfo rce any provision he reof;
(9) Any other provisions agreed upon by the parties and approved by the city council.
(Ord. No. 888, § 1, 1-13-92; Ord. No. 1272, § 1, 12-9-02)
Sec. 22-95. -Joint venture liability.
The city council has enacted this business development zone as a joint benefit to the public at large
and to private owners for the purposes of providing the city w ith increased tax revenues generated upon and
by properties improved as a result of this program ; public improvements being completed by private owners
through no debt obligation being incurred on the part of the city , and allowing applicants an opportunity to
improve properties which generate sales and other business activities. The city council specifically finds and
determines that creation of this business development zone is consistent with the city's powers as a home
rule municipal corporation, and that exercise of such powers in the manner set forth herein is in furtherance
of the public health, safety and welfare . Notwithstanding any provision hereof, the city shall never be a joint
venture in any private entity or activity which participates in this business development zone program, and
the city shall never be liable or responsible for any debt or obligation of any participant in this business
development zone.
(Ord. No. 888, § 1, 1-13-92; Ord. No. 1272, § 1, 12-9-02)
Sec. 22-96.-ESTIP and TIF.
If the applicant, owner or proprietor participates in the city's Enhanced Sales Tax Incentive Program
("ESTIP") or if the owner's or proprietor's business is located in an urban renewal area in which all or a
portion of sales tax revenues have been pledged as part of a tax increment financing program, he or she
shall be ineligible for participation in this business development zone program.
(Ord. No. 888, § 1, 1-13-92; Ord. No. 1272, § 1, 12-9-02)
Sees. 22-97-22-99.-Reserved.
6995 W. 38 Ave Wheat Ridge CO 80 3
enewa
Bu ness Devellallii'IUNII
Increment F c ng AI~DIIOIIIICim
Applicant
Eugene Kahng. Jae HM m
SL Inc.
6915 W. 38TH Ave. Wheat Ridge CO 10033
cem
Attachment 3
Business Development Zone & Tax Increment Financing Application
Project Narrative
Sl, Inc. is the recent purchaser of the former Valente's Italian Restaurant property at 6995 W. 38"'
Ave. Due to lack of investment interest, the site has remained vacant for four years. The building fell
victim to years of neglect and requires a major overhaul in areas concerning plumbing, electrical,
mechanical in order to get the site up to code. Sl, Inc. is applying for the BDZ and ESTIP grant and rebate
programs to help fund the Colorado + Brew Pub project.
The site lies in the Cl zoning area and is located in one of the major focus areas on 38"' between
Pierce and Vance St. The location in relation to the 38111 Ave Corridor Plan and the style of the building
which includes a front patio (offering great curb appeal) that can accommodate up to 36 patrons prove
to be an ideal setting for a brew pub. We are pleased to see the efforts of the Corridor Plan come to
fruition and confident that future vacancy rates for commercial and residential spaces in the area will
decline hopefully increasing the price per square foot.
There will be a total of 56 tap handles and Colorado + will brew beer on site with a one barrel system
and will provide 4 different styles on tap, the other 52 for Colorado brewed beers only as Colorado
currently has over 100 of it's own craft micro breweries with the number steadily increasing. The area
will be a great location for such a unique concept which should attract patrons from neighboring cities
like Denver, Arvada, Golden and lakewood. Colorado+ will also serve vinous, and distilled spirits
primarily from local producers.
According to a study done by the Craft Beer Association (CBA) and the Journal of Advertising and
Marketing (JAM), the average craft beer drinker's age is between 25 and 40 years old and has an income
of over $50000 per year compared with the average income of a ,.big brewer'" beer drinker is $35000,
and with that information in mind, Colorado + will help to increase the overall outlook, identity and
appeal of the area.
Colorado + plans on providing even more diversity in the area by way of food offerings, which will
include Hawaiian and Korean style bbq. These foods pair well with beer and consists of mostly fried and
grilled fair. We will also include bulgogi (thinly sliced marinated rib eye) burgers with a kimchi garnish as
well as various styles of quick and easy fair from jumok bop (seaweed rolls), to fried tofu balls. As
Colorado craft brewers are always reinventing traditional styles of world beers, beverage and food
pairings will expand boundaries and see new heights.
COLORADO+ 1
... f'llj
Business Development Zone & Tax Increment Financtng Application
Improvements
The building it self is about 44 yrs old and needs a major overhaul in the areas of plum bin& electrical
and mechanical as the systems are in poor condition. Another area of concern is asbestos as it is
common in buildings of this age. The fa~ade will receive a facelift as two, glass garage style roll up doors
will be installed allowing for a clean modern appeal as patrons will be able to enjoy from within or
outside in the patio area. The parking lot will get re-sealed and striped giving it a fresh new look, as well
as new paint for the west wall as the mural has a meaningful significance, it will not work with the
general theme.
The interior decor will be spear headed by Lakota Skye (a decor company). We've agreed on a
Colorado industrial theme with wide open ceilings to expose the 1-beams as the drop ceilings are getting
demoed. The 17' bar will feature native rocks and or lumber as structural support and decor. Colors will
include steel grey, silver, gold, black and white. The bathrooms will be remodeled for ADA compliancy
reasons and will receive tiled floors and walls, new countertops and partitions. The floor tiles on the first
floor tested hot for asbestos and have been removed by our General Contractors in accordance with
state and federal guidelines. After the removal, we've decided on a stained concrete finish as the
concrete is in good shape.
We've attached our General Contractors cost proposal bid, Tap System Builder's proposal, and our
Brew Room equipment costs. Also included are the first floor layouts which include the brew room,
kitchen, dinins, patio, bathrooms and the bar area. The total project investment is around $1,100,000
includin& the estimated cost for remodel, which will be around $300000, which does not include permit
fees and entitlement costs (brew pub license, brewers notice, and lawyer fees). Construction has started
in October 2012 and will end in March 2013. Projected financial statements are also included.
COLORADO+ 2 .. ~
Business Development Zone & Tax Increment Financing Application
Conclusion
Colorado + will make improvements not only in cosmetic curb and atmospheric appeal, but hopefully
in the local economy as we plan on employins at least 8 employees in the besinnins and fueling the local
economy by servins mostly locally crafted beverases. We hope to bring a diverse clientele with this
location, lncludins youns and old professionals, blue and white color home brewers, men and women.
We also hope to educate our customers on an industry that is alive and vibrant, as all of our servers will
be Cicerone Beer Server Certified. We will also offer sames and entertainment by way of dart boards,
flat screens, pinball machines, and a small library.
Colorado hosts the bigest most prestisious beer festival in the country. This year, the Great American
Beer Festival hosted 49000 attendees, 578 U.S. breweries and Colorado won 35 medals this year, second
place to California's 49 and considering the disparity in population, that's not bad. We are confident
with the direction this industry as a whole is heading and we feel our business will satisfy the city's
vision statement for the Revitalization of Wheat Ridge. As a former proprietor of Vern's liquor in Wheat
Ridge for 6 years, we've seen five fold increases In our craft beer sales and we've had first hand
experience on the potential of craft beer in the area as we use to collaborate with various local brewers
and conduct a beer tasting session every Friday. We also plan on hostlnslocal events with other local
businesses and the Colorado Brewer's Guild as we would like to create a welcomins atmosphere in the
community.
lastly, In order to make a welcoming atmosphere and implement all ideas to make this an
economically feasible design, it will require an additional $80,000 as the systems In the buildins are in
such poor condition and most of the work will consist of code work, as with most buildings this old,
plumbing, electrical and mechanical alone consists of a third ofthe costs, about $100000. The actual
number should be around $150000 if we implement the full mechanical desisn for the kitchen and
another $30000 in order to reach full occupancy as per fire code. The grant and rebate money will go
into those areas of concern as the initial contractor's bid prior to purchasing the building was
underestimated, which is common for old buildings as issues do surface more times than not.
Thank you so much for your consideration,
Eugene Kahns, President of SL. Inc.
COLORADO+ 3
.... ftl6
Business Development Zone & Tax Increment Financing Applictltlon
Demolition Process· Asbestos coataminatioa, w .. k .. ls common ln older buUdlags, was
round ia tile dilliag room and bar room floor tiles as weU as ia a rew waUs in tbe bathroom area
which wW ••ve to be remodeled ror ADA compUaacy.
+ 4
.... ftlf
Business Development Zone & Tax Increment Financing Application
Ceiling demo -Our pal is to provide an open space feeling
Outdated systems -Tbe mecbankal, plumbiagaad electrical systems in tile kitchen area
are outdated and unsafe. Modern ldtc:laens also require acoustic ceWaas in order to pass current
bealtla department regulations.
COLORADO+ 5 ......
Business Development Zone & Tax Increment Financing Application
Appearance -Tile addition of central HV AC alollg witll tbe glass roD up doon wiD increase
curb side appeal by eUmioatiag most of the roof top swamp cooler units aad providl•c a modern
dean look for tile front patio.
COLORADO+ 6
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WHEAT RIDGE, COLORADO
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6995 W . 38th Avenue-Wheat Ridge, CO 80033
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SL Inc -Colorado Plus P&L Projection per Month
Oec07 2012
--
Brew Pub Patio Total
Sales
I--
32 1 Chairs 99 131
Sales/Person $7.00 $7.00
I
Chair cycle/day 3 1
Total/ Day $2,079.00 $224.00 $2,303.00
Total/ Month $62,370.00 $6,720.00 $69,090.00
I
COGS(SO%) $31,185.00 $3,360.00 $34,545.00
Gross Profit L $31,185.00 $3,360.00 $34,545.00
Labor Cost (20%) I $12,474.00 $1,344.00 $13,818.00
I
Expenses (10%) $6,237.00 $672.00 $6,909.00
I
Rent(6.81", 5.2") $5,500.00
Total/ Expenses $18,711.00 $2,016.00 $26,227.00
Net Profit/loss 20.00% $12,474.00 $1,344.00 $13,818.00
....,. ~ ~ .. . City of Wheia, Kidge y Commercial Remodel PERMIT-20121115
PERMIT NO:
JOB ADDRESS:
JOB DESCRIPTION:
••• CONTACTS •••
OWNER
GC
SUB
SUB
SUB
(720) 219-5314
(303)777-1234
(303)937-8369
(303)979-1641
••• PARCEL INFO •••
20121115
6995 W 38th AVE
Restaurant Remodel
RAY MARK LIMITED / /
Nathan Hoppe
James & Richard Pasterkamp
Joseph R. Cronen
John McGrath
ZONE CODE: UA / Unassigned
SUBDIVISION CODE: 133 /
ISSUED:
EXPIRES:
09/19/2012
09/19/2013
090364 Compass Construction LLC
017887 Pasterkamp Heating & Air Cond.
020388 Cronen Plumbing and Heating
019585 Over -all Electric
USE:
BLOCK/LOT# :
I
o I
••• FEE SUMMARY ••• ESTIMATED PROJECT VALUATION: 209,344.80
FEES
Total Valuation
Permit Fee
Plan Review Fee
Use Tax
Plan Review Addtiona
•• TOTAL ••
••• COMMENTS •••
••• CONDITIONS ***
0.00
1,841.55
945.46
3,768.21
251.55
6,806.77
LM : Site signage will require separate permits.
Screening for trash storage area shall comply with section 26-614 of the Zoning and
Development Code and will require separate permits.
The issuance of a building permit should not be construed to be approval of a business
license.
All exterior lighting shall be in conformance wiht Section 2j-503 of the Zoning and
Development Code with fixtures fully shielded so that the source of the illumination is not
visible from adjacent properties and streets .
KC: Approved per plans and red-line notes on plans. Must c
all applicable City of Wheat Ridge Municipal Codes. Subjec
~r·:• .. : ~~: :,
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... ~A-t
... , r City of •
.. ~Wheat ~ge ~OMMUNITY DEVELOPMENT
TO:
FROM:
THROUGH:
DATE:
SUBJECT:
Memorandum
Mayor and City Council
Kenneth Johnstone, Comm uni~ADevelopment Director
Patrick Goff, City Manager ~
December 26,2012 (for January 7, 2013 study session)
Potential amendments to Restricted Commercial (RC) zoning district
City Council requested a study session to discuss possible amendments to the list of permitted
uses in the RC zoning district. Specifically, there has been discussion of the possibility of
amending the table of uses to include certain automotive-based uses as either permitted or special
uses .
The RC zone district is one of the City's lower intensity commercial zoning districts . The intent
statement for the district states the fo ll owing: "This district is established to accommodate
various types of office uses perfonning administrative, professional and personal services, and to
provide a limited range of retail uses which are neighborhood oriented. It is the intent that
general retail uses that serve the community or region , wholesaling, warehousing, industrial, and
uses which require outside storage or display be prohibited, since these uses are incompatible
with other uses in this district." Section 26-217 (Restricted Commercial District) is attached for
reference.
Also attached to this memo is a portion of Section 26-204, which is the table of permitted uses in
the City's commercial zoning districts. Please note that in the RC and Neighborhood
Commercial (NC) zone districts, the following automotive uses are not permitted:
• Auto service, repair and maintenance shops, minor
• Auto service, repair and maintenance shops , major
• Automotive parts and supplies sales
• Car wash, automatic
• Car wash, coin operated
To assist in Council's consideration of this potential amendment to the zoning code, we also
attached 3 \three types of zoning maps:
• A citywide zoning map depicting all property in the City, with RC highlighted in the
brighter orange/red color
• A citywide zoning map depicting only RC zoned property
• An illustrative zoning map overlaid on aerial photography depicting a sampling ofRC
zoned properties in various locations in the City
The intent of the illustrative map is that it be used to assist Council in evaluating an amendment
to the zoning code in terms of the actual physical context of the locations of RC zoned
properties. If Council directs staff to move forward to consider a zoning code amendment, we
could provide similar aerial photography with a zoning overlay for all RC zoned properties.
ATTACHMENTS:
1. Section 26-217 of the Code, Restricted Commercial District
2. Portions of Section 26-204, List of Permitted Uses
3. Citywide zoning map
4. Zoning map depicting only RC zoned property
5. An illustrative aerial photograph of several RC zoned property, overlaid with zoning
information
2
ZONING AND DEVELOPMENT § 26-217
7. Rear yard setback. Based upon specific site, adjacent land use and adjacent public streets, one (1)
or more of the following shall apply:
a. Ten ( 10) feet for a one-story building and an additional five (f)) fe"'t per each additional story
thereafter.
b. In all cases, any rear yard which abuts a public street shall have a minimum setback of
fifteen (lfl) feet for all structures.
c. In all cases, any rear yard which abuts a public alley shall have a minimum setback for all
structures of five (5) feet from the edge of the alley.
d. In addition to building setback as required by subsection a. above, where a rear yard abuts
property zoned residential, or where zoned agricultural and there is a residential structure
within fifteen (lfl) feet of the commercial property, a five-foot-per-story landscaped buffer
meeting the requirements of section 26-502E. (landscape buffering for parking lots), shall be
required.
8. Parking requirements. See section 26-501.
9. Landscape requirements. Sec section 26-502.
10. Fencing requirements. See section 26-603.
11. Sign requirements. Sec article VII.
12. Streetscape and architectural design guidelines. See Architectural and Site Desib'll Manual and
Streetscape Design Manual, section 26-224.
<Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1355, §I, 3-14-06; Ord. No. 1481, § 8, 3-28-lll
Sec. 26-217. Restricted Commercial District (RC).
A. Intent and purpose. This district is established to accommodate various types of office uses
performing administrative, professional and personal services, and to provide for a limited range of retail
uses which are neighborhood oriented. It is the intent that general retail uses that serve the community
or region, wholesaling, warehousing, industrial, and uses which require outside storage or display be
prohibited, since these uses are incompatible with other uses in this district.
B. Development standards.
1. Maximum height. Fifty (50) feet.
2. Minimum lot area. No limitation, provided that all other requirements can be met.
3. Maximum lot coverage. Eighty (80) percent, with a minimum of twenty (20) percent of the lot
being landscaped.
4. Minimum lot width. No limitations, provided that all other requirements can be met.
5. Front yard setbacks. Fifty (50) feet minimum, except as follows:
a. Thirty (30) feet for structures on lots or portions of lots which abut a cul-de-sac bulb.
b. Thirty (30) feet where the height of the building does not exceed thirty-five (35) feet, and
where the front setback area is completely landscaped, exclusive of ingress/egress drives on
either side of a structure.
e. Structures on lots which abut Sheridan Boulevard, Wadsworth Boulevard, Kipling Street,
Ward Road north of West 44th Avenue, and Youngfil'ld Street shall be setback a minimum
of fifty (50) feet.
Supp No. 47 1751
Attachment 1
* :.!6 :.!17 WIIEAT RIDGE CITY CODE
6. Side yard setback. Based upon the specific sill•, adjacent land use and adjacent public strcC'ts. one
(1 lor more of the following requirements shall apply:
a. FivP (51 feet per story minimum. except a zero setback may be• pPrmittcd where structures
arP constructed of masonry or nonflammable material and in accordance with the uniform
building code.
b. In all cases. thirty !301 feet when• adjacent to a dedicated public strPet.
c. In addition to building setback as required by subsection a. above, where a side yard abut:.
property zoned residential, or where zoned a~,rricultural and there is a residential structure
within fifteen ( 1 f1 l feet of the commercial property, a five-foot-per-story landscaped buflt.•r
mePting thP n•quirenwnL-; of section 26-n02E. (iandscapt> bufl(•ring for parking lots). shall b<·
required.
7. Rear yanl set bach. Based upon specific site, adjacent land usl' and adjacent public strel'ts, om· 111
or more of the following shall apply:
a. Tt>n ( 101 k<'l for a on<>-story building and an additional five (f)) fl•l•t per each additional story
th<'n·aftPr.
b. In all cases. any rear yard which abuts a public strPPt ,;hall han· a minimum sl'tback of
fifl<'l'n ( 1!ll f(•pt for all strueturcs .
c. In all cases, any rear _)ard which abuts a public alley shall han· a minimum setback for all
structures of live l n) feet from thl• edge of th<• alley.
d. In addition to building setback a;.: required by subsection a. above, when• a rear yard abuts
property zonl'd rcsidl•ntial, or wlwre zoned agricultural and tlwrc i;.: a residential structure
within fiflC'<'n (15) fet>t of the commercial property, a five-foot-per-story landscaped bufli•r
mC'l·ting the n•quin·mcnts of sed ion 26-fi02E. (]andscapP buffering for parking lots l. shall be
n•q u i rPrl.
8. ParkinR r!'quircments. Sec section 26-!101.
9. Landscape rcquir('fnents. Sec section 26-502.
10. FencinR requirements. ScP s<'dion 26-603.
11. Sitfn requirements. Sec articlP VII.
12. Strel'fscape and architectural clesiRn Ruidelincs. Sl'l' Arehit1•ctural and SitP DPsign Manual and
Strel'tf'G1J1L' Design Manual, st>ction ::!6-224.
IOrrl. No. 2001-121!i . * l, 2-26-01: Ord. No. 1:·lfi.''i, * 2. 3-14-06: Ord. No. 14HI. * 8, 3-2R-lll
St>c. 26-218. CommPrcial-One District (C-1).
A. In lent and purpos1'. This district is t•stahlislwrl to provide for arPas with a wide rangP of comml'rcial
land mws whieh include office, gPneral busin<'ss. and retail sales and service establishments. This district
is supportPd by the community and/or entire region.
B. Dcurlnpmcnt standards.
1. Maximum hciRht. Fifty (50) feet.
2. Minimum lot area. No limitation. provided that all other requirements can be mt>t.
3. Muxunum lot cm·emRc. Eighty !SOl pcreent. with a minimum of twl'nty (20) percent of tlw lot
being landscapPd.
4. Minimum lot u•idth. No limitations, providPd that all othl'r n•quir<,mcnts can bP m<'t.
Supp l"o -17 1752
ZONING AND DEVELOPMENT § 26-204
Agricultural and Public Facilities Districts Acces-
sory Uses Notes
Home occupations, including produce stands Meeting the definition and standards in § 26-613
and, for produce stands § 26-636
Detached private garage or carport
Farmers' markets See§ 26-635
Household pets, limited to no more than 3 dogs Plus their unweaned offspring
and4cats
Parking of equipment, implements, machinery
and/or large trucks, trailers and semi-tractor
trailers, when used in support of agricultural and
I public maintenance operations
Private storage sheds, barns, animal shelters or
outbuildings
Private swimming pools and tennis courts See § 26-603 for related ~uirements
Public utility lines and poles, irrigation channels, Includes other similar facilities such as electric
storm drainage and water supply facilities transmission lines and ~les
Public and private communications towers, televi-Includes other similar communications receiving or
sion or radio antennas sending devices. None may exceed 35 feet in height,
whether ground or structurally mounted. For sat-
ellite earth receiving stations, see § 26-616 and
26-617
Rooming and/or boarding for not more than 2 per-On a contract basis for not less than 7 days
sons
Urban gardens See§ 26-637
Water towers or above ground reservoirs Not in excess of 35 feet
Table of Uses-Commercial and Industrial Districts
Uses Notes NC RC C-1 C-2 I
Adult entertainment es-In accordance with p p p
tablishments Wheat Ridge Code of
Laws Chapter 3
Ambulance services p p p p
Amusement parks s p p
Animal veterinary hospi-With outside runs; no p p
tals and clinics cremation
Animal veterinary hospi-Where there are no out-s p p p p
tals or clinics side pens or runs for
dogs; no cremation
Antique stores In NC & RC Districts: s p p p p
Provided that no more
than 200 square feet of
building area shall be
allocated to repair
Apparel and accessory See Footnote 1 s p p p p
stores
Appliance stores and in-p p p
cidental service and re-
pair
Supp. No. 47 1729
Attachment 2
§ 26-204 WHEAT RIDGE CITY CODE
Uses Notes NC RC C-1 C-2 I
Art galleries or studios See Footnote 1 p p p p p
Assembly halls and con-p p p
vention facilities
Auction houses s p p
Auto service, repair and See§ 26-631 p p p
maintenance shops, mi-
nor
Auto service, repair and See§ 26-631 s p p
maintenance shops, ma-
ljor
Automobile and light-See§ 26-628 s s s
duty truck sales and
rental
Automotive parts and p p p
supplies sales
Bail bonds businesses See Footnote 2. See § 26-p p
634 for distance require-
menta
Bakeries, retail See Footnote 1 s p p p p
Banks, loan and finance See§ 26-633 p p p p p
offices
Bed and breakfast homes Subject to requirements p p p p p
set forth in § 26-608
Bicycle stores See Footnote 1 s p p p p
Blueprinting, photostatic EXCLUDING: Large s p p p p
copying and other similar printing, publishing
reproduction services and/or book binding es-
tablishments
See Footnote 1
Boat, recreational vehicle See§ 26-628 s s s
and trailer sales, rentals
and service
Body art establishments s s s
Book stores, stationery See Footnote 1 s p p p p
and card stores
Building contractor's ser-See§ 26-629 s p p
vice shop and storage
yard incidental to an of-
flee/showroom principal
use.
Business machine or See Footnote 1 s p p p p
computer stores
Butcher shops and food EXCLUDING: Food pro-p p p
lockers cessing
Cabinet and woodwork-s
ing shops
Supp. No. 47 1730
ZONING AND DEVELOPMENT § 26-204
Uses Notes NC RC C-1 C-2 I
Camera and photo-See Footnote 1 s p p p p
graphic service and sup-
ply stores
Candy, nut and confec-See Footnote 1 s p p p p
tionery stores
Caretaker residence Only one (1) unit for p p p p
caretaker or manager
Carpet cleaning and s
fumigating
Carting, express, hauling s
or storage yard
Car wash, automatic s p p
Car wash, coin operated s p p
Caterers p p p
Day care center, large p p p
Day care center, small p p p
Clinics and offices for the C-1, C-2 & I INCLUDE: s p p p p
counseling and treatment Residential facilities.
of psychological, social, NC & RC EXCLUDES:
marital, developmental Residential facilities
or similar conditions, ex-ALL districts INCLUDE:
eluding substance abuse Counseling and treat-
clinics ment for alcoholism
Cold storage plant p p
Commercial machine s p p
shops
Community buildings e.g.: YMCA's, YWCA's, p p p p p
churches, libraries,
parks, museums, aquari-
ums and art galleries
Construction and heavy See§ 26-629 p p
equipment sales, service,
rental and storage
Contractor's plant or s
storage yard
Dairy products stores See Footnote 1 s p p p p
Day care center and p p p
!preschools, large
Day care center and p p p
·preschools, small
Department or variety p p p
stores
Drug stores p p p
Eating establishments, s s s s s
drive through
Eating establishments, s p p p p
sit down
Supp. No. 47 1731
§ 26-204 WHEAT RIDGE CITY CODE
Uses Notes NC RC C-1 C-2 I
Electric transmission and s s s s s
lPublic utility substations
Electrical motors and s
armature regrinding
shops
Electrical supplies and EXCLUDING: Contrac-p p p
service tors storage yards
Equipment rental Subject to § 26-628; in p p p p
agencies RC District: Outside stor-
age and display prohib-
ited
Exterminators p p p p
Farm equipment sales, See§ 26-628 p p
service and storage
Farmers' markets Submittal to community p p p p p
development department
required. See § 26-635
Floral shops See Footnote 1 s p p p p
Furniture stores p p p
Garden supply stores See Footnote 1 s p p p p
Gift, novelty or souvenir See Footnote 1 s p p p p
stores
Golf courses INCLUDES: Private p p p
clubs, restaurants and
lounges, driving ranges,
and those uses commonly
accepted as accessory
thereto when located on
the same premises
Governmental and quasi-No outside storage p p p p p
governmental buildings
and offices, fire stations
or public utility buildings
Governmental and quasi-Outside Storage s s s p p
governmental buildings
and offices, fire stations
or public utility buildin_gs
Greenhouses and land-See§ 26-624 s s p p p
scape nurseries, retail
Greenhouses and land-See§ 26-624 s p p
scape nurseries, whole-
sale
Grocery or convenience See Footnote 1 p p p p p
stores, no gas pumps
Supp. No. 47 1732
WNING AND DEVELOPMENT § 26-204
Uses Notes NC RC C-1 C-2 I
Grocery stores which See Footnote 1 s s s p p
may include no more
than 1 gasoline service
island with no more than
2 dispensing pumps
Hair, nail and cosmetic p p p p p
services
Hardware stores See Footnote 1 s p p p p
Hobby and craft stores See Footnote 1 s p p p p
Home furnishing stores p p p
Home improvements p p p
supply stores
Hotels or motels for There shall be 1,000 s s s
transient occupancy. square feet of gross lot
area for each unit
Ice plants p p
Indoor amusement and e.g.: Roller rinks, bowling p p p
recreational enterprises alleys, arcades and simi-
Jar uses
Indoor flea markets PROHIBITED: Outdoor p p p
flea markets
Interior decorating shops s p p p p
Itinerant sales See§ 26-630 s s s
Jewelry stores See Footnote 1 s p p p p
Kennels s
Laundry and dry clean-s s p p p
ing shops
Laundry and dry clean-p p p p p
ing pick up stations
Leather goods and lug-p p p
I gage stores
Linen sup_ply_ p p p
Liquor stores p p p
Locksmith shops p p p p p
Lumber yards and build-Unenclosed storage of p p p
ing supply stores any materials shall be
screened from view from
adjacent properties and
streets
Supp. No. 48 1733
§ 26-204 WHEAT RIDGE CITY CODE
Uses Notes NC RC C-1 C-2 I
Manufacture of vaccines, PROVIDED: An antidote s
serums and toxins exists and is readily
available for such vac-
cine, serums or toxins;
and approval of such
manufacture is received
from the state depart-
ment of health and the
county health depart-
ment
Manufacturing, process-See§ 26-505; § 26-631 p p
ing, assembly, or light and § 26-123, definitions
industrial operations
Manufacturing, fabrica-s
tion and/or processing of
concrete products
MassaKe parlor p
Massage therapist See Chapter 11, Article p p p p p
10 Code of Laws for addi-
tiona] restrictions
Massage therapy center See Chapter 11, Article p p p p p
10 Code of Laws for addi-
tiona] restriction
Meat, poultry or seafood See Footnote 1 s p p p p
stores
Medical and dental of-Pharmacies and optical p p p p p
fices, clinics or laborato-stores are accessory use
ries, excluding substance
abuse cJinics
Medical marijuana cen-p p
ters
Medical marijuana-in· p p
fused products manufac-
turers
Medical marijuana-Op-p p
tiona] premises
cultivation o~ration
Mini-warehouses for in-p p
side storage
Mobile or modular homes See§ 26-628 s s
or building sales
Mortuaries and cremato-s s s
ries
Motor fueling stations s p p
Motorcycle sales and ser-See§ 26-628 p p p
vice
Music stores See Footnote 1 s p p p p
Supp. No. 48 1734
ZONING AND DEVELOPMENT 126-204
Usu Notes NC RC C-1 C-2 I
Newsstands For the sale of newspa-p p p p p
pers, magazines, etc.
Office supply stores See Footnote 1 s p p p p
Offices: General adminis-p p p p p
trative, business and pro-
fessionaJ offices
Optical stores See Footnote 1 s p p p p
Outdoor amusement s p p
facilities
Paint and wallpaper See Footnote 1 p p p p
stores
Parking of automobiles of Subject to § 26-501C.4 p p p p p
clients, patients or pa-
trons of acljacent com-
mercia! or nonresidential
uses
Parking of not more than See § 26-619; § 26-123, s s s
3 commercial truck-trac-definitions
tors and/or semi-trailers
When in conformance
with the parking design
standards set forth in
§ 26-501
It is not intended that
such parking limitations
shall apply to pickup and
delivery trucks normally
associated with business
operations
Pawn sho_ps s
Pet stores See Footnote 1 s p p p p
Pharmacies s p p p p
Picture framing shops See Footnote 1 s p p p p
Plumbing and heating EXCLUDING: Outdoor p p p
supply stores and shops storage yards
Printing, engraving and s
other related production
processes
Private clubs, social p p p
clubs, bingo parlors and
similar uses
Produce stands See§ 26-636 p p p p p
Psychic advisors and s s s p
similar uses
Research laboratories, p p
offices and other facilities
for research
Supp. No. 48 1735
§ 26-204 WHEAT RIDGE CITY CODE
Uses Notes NC RC C-1 C-2 I
Residential group and p p p p p
nursing homes and con-
gregate care facilities for
8 or fewer elderly per-
sons
Residential group and s s s
nursing homes and con-
gregate care facilities for
9 or more elderly persons
Residential group home s s s
for children
Residential uses in exis-Such residential uses p p p p p
tence on 3/11/97 may be extended, en-
larged, and/or recon-
structed so long as no
additional dwelling units
are created
Residential uses in See§ 26-626 p p p p p
commercial zones
Rooming and boarding-s s p p p
houses
RV, boat, trailer and See§ 26-628 p p
travel trailer storage
Sales, repair, rental and p p
servicing of any commod-
ity that the manufacture,
fabrication, processing or
sale of which is permit-
ted in the district
Schools for industrial or Conducted entirely s s
business training, includ-within an enclosed build-
ing vocational trade or ing
professional schools
Schools: Public; private INCLUDES: Those uses s s s p p
colleges and universities commonly accepted as
necessary thereto when
located on the same
.premises
Shoe repair shops p p p p p
Shoe stores See Footnote 1 s p p p p
Shops for custom work or See§ 26-631; § 26-632 p p
for making articles, rna-
terials or commodities to
be sold at retail on the
premises
Supp. No. 48 1736
WNING AND DEVELOPMENT § 26-204
Uses Notes NC RC C-1 C-2 I
Social club In accordance with p p p
Wheat Ridge Code of
Laws, Chapter 11, Article
XI
S_porting goods stores See Footnote 1 s p p p p
Stone cutting or polish-p p
ing .works
Studio for professional p p p p p
work or teaching of fine
arts, photography, music,
drama or dance
Substance abuse clinics s s p
Tailor, dressmaking or p p p p p
clothing alteration shops
Taverns, night clubs, p p p
lounges, private clubs
and bars
'Thlevision, radio, small See Footnote 1 s p p p p
appliance repair and ser-
vice shops
'Thmporary Christmas See§ 26-627 p p p p
tree, produce and bed-
ding plant sales lots
Theatres, indoor p p p
1bbacco stores See Footnote 1 s p p p p
Thy stores See Footnote 1 s p p p p
Transit station, public or s s s
I private
U_p_holstery shops p p p
Urban gardens See§ 26-637 p p p p p
Video rentals See Footnote 1 s p p p p
Warehousing and outside See§ 26-631 p p
storage
Warehouse/office Maximum 75% total area s p p
as warehouse; minimum
25% as total area as of-
fice
Watch and jewelry repair p p p p p
shops
Woodworking or carpen-See§ 26-632 s p p
try shops for the making
of articles for sale upon
the premises, such as
cabinets or custom fumi-
ture
Footnote:
1 The amount of building space devoted to retail use is limited to 5,000 square feet in NC and RC
Districts.
Supp. No. 48 1737
§ 26-204 WHEAT RIDGE CITY CODE
2 In addition to being allowed as a Permitted Principal Use in the C-2 and I zone districts, bail bonds
bus!nesses may be permitted in Planned Industrial Development districts if approved as part of an
Outline Development Plan (ODP) and in conformance with the requirements of Code section 26-634.
Commercial and Industrial District Accessory
Uses Notes
Accesso!Y_ buildings and structures See§ 26-625
Electric transmission or other public utility lines
and poles, irrigation channels, storm drainage
and water supply facilities
Farmers' markets
Food services
Produce stands
Residential uses in commercial zones
Outside storage or display
Urban gardens
Key:
P = Permitted Principal Uses
S = Special Uses
See§ 26-635
Primarily for the occupants of a building contain-
ing a permitted use when located within the
same building
See§ 26-636
See§ 26-626
See§ 26-631
See§ 26-637
(Ord. No. 2001-1215, § 1, 2-26-01; Ord. No. 1273, § 2, 1-13-03; Ord. No. 1274, § 2, 1-13-03; Ord. No. 1288,
§§ 1, 2, 5-12-03; Ord. No. 1301, §§ 2-4, 7-28-03; Ord. No. 1302, §§ 4-6, 7-28-03; Ord. No. 1313, § 10,
10-27-03; Ord. No. 1322, § 1, 5-10-04; Ord. No. 1348, § 1, 7-11-05; Ord. No. 1370, § 1, 8-28-06; Ord. No.
1375, §§ 1, 2, 10-24-06; Ord. No. 1387, § 2, 6-11-07; Ord. No. 1413, §§ 2, 3, 6-9-08; Ord. No. 1468, § 1,
8-9-10; Ord. No. 1479, § 4, 3-14-11; Ord. No. 1491, § 3, 5-23-11; Ord. No. 1504, § 4, 10-24-11)
Sec. 26-205. Residential-One District (R-1).
A. Intent and purpose: This district is estabJished to provide high quality, safe, quiet and stable
low-density residential neighborhoods, and to prohibit activities of any nature which are incompatible
with the low-density residential character.
B. Development standards:
Supp. No. 48 1738
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.. ~Wheat &_dge ~OFFICE OF THE CllYTREASURER
Memorandum
TO: Mayor and City Council
FROM: Larry Schulz, City Treasurer
DATE: January 7, 20I2
SUBJECT: Elected Official Report Regarding Rev isions to City In vestment Policy
Attached for Council's review and comment are revisions to the City's In vestment Policy. The
current City Investment Policy was adopted by City Council on October 8, 2007. Pursuant to
Section 3.10 of the City Charter authorizing the City Treasurer to invest all City monies as
directed by City Council, I made it a priority to conduct a periodic review of the current policy to
ensure that the City is keeping up with best practices.
With the assistance of Clifton Larsen Allen, City Manager Patrick Goff and Administrative
Services Director Heather Geyer, we have revised the City's Investment Policy to include the
following :
• Streamlined the organization ofthe policy for ease of reading
• Expanded the "Authorized Investments" section of the policy to include definitions of the
City's authorized investments
• Updated the liquidity requirement under the "Objecti ves" section of the policy setting a
minimum thresh old of I 0 percent
• Revised the composition of the Investment Advisory Committee to include the City
Manager, Administrative Services Director and a community member with expertise in
the banking/finance industry
The policy is consistent with the recommended Governmental Finance Officers Association
(GFOA) best practices for investment policies. This completes the third poli c y (previously debt
and unrestricted fund balance) and brings the project to a close, leaving the City's financial
policies in a consistent and concise format. Additionally, the policy revisions are consistent with
CRS § 24-75-60I LEGAL INVESTMENTS FOR COLORADO LOCAL GOVERNMENTS,
published by the State of Colorado's Department of Local Affairs.
Following input from City Council, I will bring forward a resolution for adoption by City
Council. Please feel free to contact me directly with any comments or questions.
LS/hmg
Attachment:
I. Revised City of Wheat Ridge Investment Policy
INTENT
City of Wheat Ridge
Investment Policy
The City of Wheat Ridge (City) recognizes the need to adopt an investment policy to establish
parameters and guidelines for the efficient management of the City's funds and for the
purchase and sale of investments. This policy applies to the investments of all funds of the City.
Except for funds held in trust or special funds that are otherwise specifically provided for, the
City will consolidate the balances from all funds to maximize investment earnings and meet the
liquidity requirements of the City subject to the primary objective of providing security of
principal.
POLICY
The City has established the following fiscal policy related to investments.
Governing Authority
The investment policy shall be operated in conformance with federal, state (CRS § 24-75-601, et
seq.) and other legal requirements, including the Wheat Ridge City Charter.
Scope
This policy applies to the investment of all funds, excluding the investment of employees'
retirement funds, police pension fund and certain restricted funds.
Except for cash in certain restricted and special funds, the City will pool cash and reserve
balances from all funds to maximize investment earnings and to increase efficiencies with
regard to investment pricing, safekeeping and administration.
Objectives
It is the policy of the City to invest idle public funds in a manner to meet the daily cash flow
demands of the City with the primary objectives, in priority order, being: a) Safety of Principal
b) Liquidity and c) Return on Investments.
A.) Safety of Principal
Safety of principal is the foremost objective of the City's investment activities. Investments
will be undertaken in a manner that seeks to ensure the preservation of capital in the
overall investment portfolio. The objective will be to mitigate the following risks:
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1.) Credit Risk
The City will minimize credit risk, which is the risk of loss due to the failure of the
investment issuer or backer. As such, the City shall place reliance upon nationally
recognized credit rating agencies in evaluating credit risk of obligations not issued by the
U. S. government and Federal Instrumentality's (Agencies and Government Sponsored
Enterprises). Credit risk shall be limited by restricting the credit ratings on securities
that may be purchased and through diversification in order to reduce exposure to any
one security type or issuer.
2.) Interest Rate Risk
The City will minimize its interest rate risk, which is the risk that the market value of
securities in the portfolio will fall due to the changes in market interest rates, by
structuring the portfolio to meet the cash requirements of the City's ongoing
operations, thereby mitigating the need to liquidate securities at a loss prior to
maturity.
3.) Concentration Risk
The City will minimize concentration of credit risk, which is the risk of loss due to having
a significant portion of resources invested in a single issuer, by diversifying its
investment portfolio so that the impact of potential losses from any one type of security
or issuer will be minimized. Investments issued or explicitly guaranteed by the U.S.
government and investments in mutual funds, external investment pools, and other
pooled investments are excluded from this requirement.
B.) Liquidity
The investment portfolio shall remain sufficiently liquid to meet all of the City's operating
requirements that may be reasonably anticipated. Investments shall be managed in order
to avoid, although not prohibit, the sale of securities before their respective maturities to
meet anticipated cash flow needs. Since all possible cash demands cannot be anticipated,
the investment portfolio should contain a significant quantity of active secondary or resale
markets. As such, a guideline of at least ten percent (10%) of the investment portfolio will
be invested in overnight instruments, money market funds, Colorado local government
pools, or in marketable securities which can be sold to raise cash within one day's notice.
C.) Return on Investments
The investment portfolio shall be designed and managed with the objective of attaining a
market rate of return throughout interest rate cycles, taking into account the investment
risk constraints and liquidity needs. Return on investment is of secondary importance
compared to safety of principal and liquidity. The core investments are limited to relatively
low risk securities in anticipation of earning a fair, albeit lower, return relative to the risk
being assumed.
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Delegation of Authority
Authority to manage the investment program is granted to the City Treasurer (hereinafter
referred to as Investment Officer) and derived from the following: City of Wheat Ridge
Home Rule Charter. Responsibility for the operation of the investment program is hereby
delegated to the Investment Officer, who shall act in accordance with established written
procedures and internal controls for the operation of the investment program consistent
with this investment policy. No person may engage in an investment transaction except as
provided under the terms of this policy and the procedures established by the Investment
Officer. The Investment Officer shall be responsible for all transactions undertaken and
shall establish a system of controls to regulate the activities of subordinate officials.
The Investment Officer, after initiating a Request for Proposal process and with approval of
City Council, may delegate the management of the City's portfolio to a professional money
management firm. The firm must adhere to all the requirements and restrictions contained
in this policy.
Authorized Investments
The City's authorized investments shall consist of the following:
United States Treasury and Agency Obligations
U.S. government obligations, U.S. government agency obligations, Government
Sponsored Enterprises, and U.S. government instrumentality obligations that
have a liquid market with a readily determinable market value.
Corporate Debt
Any U.S. dollar denominated corporate or bank debt issued by a corporation or
bank which is organized and operated with the United States and has a net
worth in excess of two hundred fifty million dollars; except that the notes
evidencing the debt must mature within five years from the date of settlement
and, at the time of purchase, the debt must carry at least two credit ratings from
any of the nationally recognized credit agencies and must not be rated below
"AA-or Aa3" by any credit rating agency.
Commercial Paper
Commercial paper rated A-1, P-1, or their equivalent by any nationally
recognized credit rating agencies.
Bankers' Acceptances
Bankers Acceptances, the issuers of which are banks organized under U.S. laws
or their parent companies, are rated A-1, P-1 or their equivalent by any
nationally recognized credit rating agencies.
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Repurchase Agreements
Repurchase Agreements and Reverse Repurchase Agreements may be done only
with approved dealers with whom the City has signed a master agreement
governing such transactions, and must mature within 90 days. U.S . Treasury,
agency, or instrumentality securities must collateralize any such transactions, the
market value of which shall be at least 102% of the funds invested in the
transaction at inception, and not less than 100% of the funds invested during its
life. Securities collateralizing such transactions shall be delivered to the
purchaser or their securities' custodian.
Bonds (General Obligation debt)
General Obligations of any state of the United States, the District of Columbia, or
any territorial possession of the United States or of any political subdivision,
institution, department, agency, instrumentality, or authority of any such
governmental entities. No security may be purchased pursuant to this
paragraph unless, at the time of purchase, the security is rated in one of the
three highest rating categories by any nationally recognized organization that
regularly rates such obligations .
Guaranteed Investment Contracts (GICs)
GICs of domestically-regulated insurance companies having a claims-paying
ability rating AA or its equivalent by any nationally recognized credit rating
agencies.
Money Markets and Investment Pools
Money Market Mutual Funds and local Government Investment Pools as
permitted by Colorado statute, provided that such funds are either registered
with the SEC or rated AAA by any nationally recognized credit rating agency.
Certificates of Deposit/Bank Deposits/Savings Accounts
Time deposit open accounts, certificates of deposits and savings accounts in
insured institutions as defined by Colorado statute. For financial statement
reporting purposes, these deposits are treated as cash deposits (vs. investments)
but the City will adhere to the objectives outlined by this policy when making
decisions related to these types of cash deposits.
Interest Earnings
Investment income will be allocated to the various funds based on the respective participation
of capital in the overall investment portfolio and in accordance with generally accepted
accounting principles.
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Investment Limitations
The City will adhere to the following investment limitations:
A.) Diversification
The City's investments shall be diversified by:
1.) Limiting investments to avoid over concentration in securities from a specific issuer
or business sector (excluding U.S. Treasury securities)
2.) Limiting investment in securities with higher credit risks
3.) Investing in securities with varying maturities, and
4.) Continuously investing a portion of the City's investment portfolio in readily
available funds such as local government investment pools, money market funds, or
overnight repurchase agreements to ensure that appropriate liquidity is maintained
to meet the City's ongoing obligations
The Investment Officer shall obtain competitive bids from at least two brokers or financial
institutions on all purchases of investment instruments purchased on the secondary market.
B.) Maturity
To the extent possible, the City shall attempt to match its investments with anticipated cash
flow needs. Unless matched to a specific cash flow, the City will not directly invest in
securities with maturities of more than five (5) years from the date of purchase.
C.) Sale of investments prior to maturity
Investments may be sold prior to their maturity date if the investment official determines
that it is in the best interest of the City to do so. Sales shall not be made to speculate upon
future market trends. It is the City's intent to purchase and hold securities until maturity;
however, from time to time, it may become necessary to sell a security at a loss in order to
meet cash flow requirements or to take advantage of certain exchange advantages.
D.) Derivatives
Securities which derive their value from an underlying asset, group of assets, reference rate,
or index value are not permitted as an authorized investment under this policy.
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Reporting of Investments
An annual report will be prepared by the Investment Officer or managing firm and presented to
City Council in connection with the year end financial statement presentation. On a quarterly
basis, a report of investment activity will be prepared by the Investment Officer and submitted
to City Council.
Additionally, an Investment Advisory Committee, which will consist of the City Manager, the
Administrative Services Director, and a member from the community, appointed by the City
Treasurer, that possesses expertise within the banking/finance industry, will meet quarterly to
review the status of investments and the transactions that occurred during the quarter. The
Investment Advisory Committee/Investment Officer may establish strategies and guidelines for
the percentage of the total portfolio that may be invested in securities other than repurchase
agreements, Treasury bills or collateralized certificates of deposit. The committee shall conduct
a quarterly review of these guidelines and evaluate the probability of market and default risk in
various investment sectors as part of its considerations.
Policy Review
The City's Investment Officer and Investment Advisory Committee will review the Investment
Policy annually in concert with the preparation of the City's year-end financial statements to
ensure that the City is adhering to the framework outlined in this policy and will make
recommendations to revise the policy as needed. Adoption and changes to this policy will
require approval by City Council.
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