HomeMy WebLinkAboutCity Council Agenda Packet 01/26/2015CITY COUNCIL AGENDA: January 26 , 2015 Page -3-
ORDINANCES ON FIRST READING con't
!L Council Bill No . 06-2015 -amending Section 16-156 of the Wheat Ridge Code of Laws
concerning interference with Public Officers performing their duties
DECISIONS, RESOLUTIONS AND MOTIONS
9. Resolution 08-2015-approving the renewal and amendment of an Intergovernmental
Agreement for Ambulance Services among the City of Wheat Ridge , the Wheat Ridge
Fire Protection District and Rural/Metro of Central Colorado dba Pridemark Paramedic
Services , LLC
CITY MANAGER'S MATTERS
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MATTERS
ADJOURNMENT
City Council Minutes January 12, 2015 Page 2
numerous public meetings and only use the facts that are presented. One member of the
committee is being emailed excessively by one person to the point of harassment. She
suggested we leave 2014 behind us. -She also declared she has not, as she has been
accused of, spoken of recalling Kristi Davis.
Jennifer Shepherd 0/VR) announced there will be a presentation on how drugs affect
adolescents . It is tomorrow night at WR High School at 7 PM .
Kathy Tolman 0/VR) noted that the Vitamin Cottage going in at 49th & Kipling is doing so
without benefit of a TIF. She appreciates that and would like that fact on the record .
Jennifer Yates 0/VR) thanked the City for closing down Three Kings. The adjacent
neighbors are very happy, and it's a good thing for the community. -On 2A she voted
yes because she thinks we need to invest in our infrastructure . She voted no on 28
because the large price tag, not because she doesn't like what's happening on 38th_
Rachel Hultin 0/VR) announced the inaugural Wheaties Academy , a leadership program
that she and a couple other citizens have put together with sponsorship from WR2020
and the City . It will be an 8 month experience for 16 WR residents or business owners
to learn how to put their ideas into action . It will include 4 mobile sessions, an overnight
retreat , and 2 community projects to work on. Applications will be accepted through
January 27. Details are available on their website .
Charlie Myers 0/VR), Maureen Daly 0/VR), and LouAnn Canjar 0/VR) all spoke briefly
saying they concur with the views expressed by Tom Lundy and hope Council will
consider the decision by the Planning Commission to reject the WaiMart development.
Mary Drobnick (WR) said she loves living in Wheat Ridge . She wishes the City would
have a tree and leaf recycling program like Arvada and other cities have .
APPROVAL OF AGENDA
1. CONSENT AGENDA
a. Motion to encumber funds for bus shelter cleaning and snow removal
services, bus bench refuse collection and cleaning services in 2015 in a total
amount not to exceed $36 ,000
b. Motion to encumber funds for on-call storm sewer cleaning and on-call
traffic signal repair services in a total amount not to exceed $85,000
c. Resolution 01-2015-adopting the City of Wheat Ridge Investment Policy
d. Motion to approve payment of the Sales Tax Increment Share Back for
November of Fiscal Year 2014 from the Wheat Ridge Urban Renewal Authority
Town Center Project in the amount of $35,519 to Renewal Wheat Ridge
e. Motion to adopt the 2015 City Council Meeting Calendar
City Council Minutes January 12, 2015 Page 3
Motion by Councilmember DiTullio to remove Item c. from the Consent Agenda for
consideration at a future meeting; seconded by Councilmember Urban; carried 8-0.
Councilmember Davis introduced the Consent agenda.
Motion by Councilmember Davis to approve the amended consent agenda; seconded by
Councilmember Starker; carried 8-0
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
2. Council Bill No. 16-2014-approving the rezoning of property located generally at
3400 Youngfield Street from Neighborhood Commercial (NC), Restricted
Commercial (RC), and Commercial-One (C-1) to Planned Commercial
Development (PCD) and for approval of an Outline Development Plan (Case No.
WZ-14-09/Applewood Village Shopping Center)
Councilmember Pond introduced Council Bill No. 16-2014.
Clerk Shaver assigned Ordinance 1562.
Mayor Jay opened the public hearing and swore in the speakers for the hearing.
Meredith Reckert, City Planner, gave the staff presentation. She entered into the record
the case file, packet material, and contents of the digital presentation . She noted that all
proper posting, noticing and publishing requirements have been met.
• The rezoning involves a primary parcel at 32"d & Youngfiled, with additional
parcels to the east.
• These parcels will be added to the existing Planned Commercial Development so
that the entire shopping center will become a unit.
• The only property not included is the Qdoba/Mattress Firm building.
• The Holly West building will become a drive-through for Wells Fargo.
• The Old Chicago building will be redeveloped.
• Per the Outline Development Plan -
o Drive-throughs will be allowed, with an administrative review process only.
o Development standards are outlined, including setbacks and landscaping
requirements.
o New construction adjacent to a public street will have a 0-20 foot setback,
pushed out to the street to accommodate pedestrian scale.
o 35% building coverage, 55% hard surface parking, 10% landscaping
o Maximum building height will be 50 feet.
o Parking requires 4 spaces per 1,000 sq ft (shopping center standard)
o Architectural requirements dictate following the City's design standards
manual
• Due to a concern about the impact to neighboring residential properties use
limitation and hours of operation can be set by the Planning Commission.
• Existing access points are not guaranteed to remain; staff wants to reserve the
right to consolidate access points onto 32"d and Youngfield.
City Council Minutes January 12 , 2015 Page4
• Regarding the 5' X 155' sliver of property that has been discussed in the past:
Council has authorized Urban renewal to proceed with acquisition
• This rezoning is consistent with guiding documents: Neighborhood Revitalization
Strategy (2005), 1-70/Kipling Urban Renewal Plan, the City's Economic
Development Strategy, and the 2009 Comprehensive Plan
• All service agencies have indicated they can serve the property .
• Planning Commission approved this rezoning. Staff recommends approval.
Council had no questions.
Will Damrath, representative of Regency Centers , highlighted some key points.
• Regency is a 50 year old, publicly traded, real estate investment trust. They own
328 shopping centers . 86% of their portfolio are anchor centers , with a majority of
the anchors being grocery stores .
• They want to increase the occupancy rate and improve the center.
• The rezoning is necessary to allow them to do the things they want to do.
• Site specific plans will be coming in soon .
• Drainage improvements are planned -especially on the south end .
• They are sensitive to the neighboring single family residential, and think their plan
will actually provide better buffering.
Council had no questions .
There was no public comment
Mayor Jay closed the public hearing.
Motion by Councilmember Pond to approve Council Bill No . 16-2014. an ordinance
approving the rezoning of property located generally at 3400 Youngfield Street from
Neighborhood Commercial (NC), Restricted Commercial (RC), and Commercial-One (C-
1) to Planned Commercial Development (PCD) and for approval of an Outline
Development Plan (Case No . WZ-14-09/Applewood Village Shopping Center) on second
reading and that it take effect 15 days after final publication , for the following reasons:
1. City Council has conducted a proper public hearing meeting all public notice
requirements as required by Section 26-1 09 of the Code of Laws .
2. The requested rezoning has been reviewed by the Planning Commission,
which has forwarded its recommendation .
3. The requested rezoning has been found to comply with the "criteria for review"
in Section 26-112-E and 260-303-D of the Code of Laws.
With the following conditions :
1. A note be added that bicycle parking should be consistent with Section 26-
501.E.4 of the zoning and development code.
2. Language be added to the plan that development in the southeast corner of the
area include consideration for upgraded vertical landscaping, reduction of
lighting at night, and hours of operation limitations.
3. Public Works' recommended language regarding access be included on Sheet
2 of the ODP document.
City Council Minutes January 12 , 2015 Page 5
4. A signature block for the Economic Development Manager must be included on
the face of the ODP document as the City will be a cooperation property owner.
seconded by Councilmember DiTullio ; carried 8-0
~ Council Bill 17-2014-vacating any interest held by the City in a portion of 44th
Avenue, a public roadway. [Continue to January 26, 2015]
Councilmember Langworthy introduced Item 4.
City Attorney Dahl addressed the issue. The Planning Commission is required by Code
to review this case and make a recommendation. They will not hear this case until
Thursday , January 15. He advised to open the public hearing , take any testimony, and
continue the hearing for additional testimony and final action on January 26.
Mayor Jay opened the public hearing .
Motion by Councilmember Langworthy to continue the hearing on Council Bill No . 17-
2014, an ordinance vacating any interest held by the City in a portion of 44th Avenue, for
final action at the regularly scheduled Council meeting of January 26 , 2015; seconded by
Councilmember Wooden ; carried 8-0
ORDINANCES ON FIRST READING
4. Council Bill No. 01-2015-approving the rezoning of property located at 4295
Harlan St. from Restricted Commercial (RC) to Mixed Use-Neighborhood (MU-N)
(Case NO . WZ-14-11/Kaplan)
Councilmember Urban introduced Council Bill No. 01-2015
This rezoning would increase the allowable uses for the property and provide the owner
with more options . No changes or development are planned at this time .
Motion by Councilmember Urban to approve Council Bill No. 01-2015, an ordinance
approving the rezoning of property located at 4295 Harlan St. from Restricted
Commercial (RC) to Mixed Use-Neighborhood (MU-N) on first reading , order it published,
public hearing set for Monday, February 9, 2015 at 7:00 p.m. in City Council Chambers,
and that it take effect 15 days after final publication ; seconded by Councilmember Pond;
carried 8-0 .
5. Council Bill No. 02-2015 -An Ordinance amending Chapters 5, 11 and 26 of the
Wheat Ridge Code of Laws concerning the Regulation of Medical Marijuana
Establishments and Retail Marijuana Establishments
Councilmember Wooden introduced Council Bill No. 02-2015
City Council Minutes January 12, 2015 Page 6
As directed by City Council, this ordinance addresses the following marijuana issues :
• Cap the number of marijuana related businesses in the City
• Designate store fronts as a Special Use in C-1 zone districts
• Cultivation limited to maximum 5,000 sf
• Impose a 1,000 ft separation requirement from storefronts to the Rec Center and
improved parks
• Impose certain state regulations on signage; set up a review process for signage
• Cultivation associated with a storefront in the C-1 zone will be reviewed as a
Special Use. Cultivation associated with a manufacturer in any zone or with a
storefront in the IE zone will be reviewed as a permitted use.
Apart from the ordinance, Council will be notified of any application for a Special Use
Permit or any application to modify or transfer an existing license.
Motion by Councilmember Wooden to approve Council Bill No. 02-2015, an ordinance
amending Chapters 5, 11 and 26 of the Wheat Ridge Code of Laws concerning the
regulation of medical and retail marijuana establishments on first reading, order it
published, public hearing set for Monday, January 26, 2015 at 7:00 p.m. in City Council
Chambers, and that it take effect 15 days after final publication; seconded by
Councilmember Langworthy;
Motion by Councilmember Pond to amend Council Bill No. 2, Series 2015 to renumber
Section 14 as Section 15 and to add a new Section 14 to read:
Section 14 Moratorium Repealed
The temporary moratorium on certain City approvals necessary to establish and
operate marijuana establishments in the City, originally imposed by Ordinance No.
1554 on August 18,2014, and as extended by Ordinance No. 1560 on October 27,
2014 is hereby repealed.
seconded by DiTullio; carried 8-0.
The main motion, as amended, carried 8-0
6. Council Bill No. 03-2015 -amending Sections 11-305, 11-415 and 11-416 of the
Wheat Ridge Code of Laws concerning the collocation of Medical Marijuana
Establishments and Retail Marijuana Establishments
Councilmember Fitzgerald introduced Council Bill No. 03-2015
During review of the marijuana regulations Council asked for an ordinance that would
permit existing legal nonconforming marijuana businesses to collocate (i.e . medical
operations can add retail ; retail operations can add medical). Such collocation of
nonconforming marijuana businesses will be allowed only to the extent that it does not
involve expansion of the business or modification of the sight.
Mr. Dahl explained an amendment he's drafted that corrects a technical drafting issue.
City Council Minutes January 12, 2015 Page 7
Motion by Councilmember Fitzgerald to approve Council Bill No. 03-2015 on first
reading, order it published, public hearing set for Monday, January 26, 2015, at 7:00p.m.
in City Council Chambers, and that it take effect 15 days after final publication; seconded
by Councilmember Starker;
Motion by Councilmember Pond to amend Council Bill No. 3, series 2015 as follows:
In Section 1, insert the word "MARIJUANA" in the third line of section 11-305(g),
following the word "RETAIL."
In Section 3, insert the word "MARIJUANA" in the second line of section 11-
416(h), following the word "MEDICAL."
seconded by Councilmember DiTullio; carried 7-1, with Councilmember Wooden voting
no.
The main motion, as amended, carried 6-2, with Councilmembers Wooden and Urban
voting no.
DECISIONS, RESOLUTIONS AND MOTIONS
7. Motion to direct the City Attorney to draft an ordinance to sunset the Animal
Welfare and Control Commission
Mayor Jay and Councilmember Pond requested this motion.
Councilmember Pond introduced Item 7. There was no discussion.
Motion by Councilmember Pond to direct the City Attorney to draft an ordinance to
sunset the Animal Welfare and Control Commission; seconded by Councilmember
Starker; carried 8-0
8. Motion to direct the City Attorney to draft an Ordinance amending the City Code
to allow the use of Electric Security Fences on Commercial Property
Councilmembers DiTullio and Urban requested this motion.
Councilmember DiTullio introduced Item 8.
Motion by Councilmember DiTullio to direct the City Attorney to draft an ordinance to
amend the City Code to allow the use of electric fences on commercial property;
seconded by Councilmember Urban.
Discussion followed.
Motion failed 3-5, with Councilmember Wooden, Langworthy, Fitzgerald, Pond, and
Starker voting no.
City Council Minutes January 12, 2015 Page 8
CITY MANAGER'S MATTERS
Patrick Goff announced the School district is having one more public comment meeting
on their Jefferson area innovation plan. It will be this Thursday, January 15 at Lumberg
Elementary from 8-10 AM . The plan is available on the school district's website .
The plan involves shifting schools and grades and will impact Wheat Ridge schools.
CITY ATTORNEY'S MATTERS
CITY CLERK'S MATTERS
Clerk Shaver shared a concern from citizens that there is no way for the public to speak
on an issue at First Reading; they can't speak during the agenda item or public comment
at the start of the meeting. Council might address this at a study session.
ELECTED OFFICIALS' MATTERS
Mayor Jay reported having done a ride-along with a WR police officer recently and it was
quite an education.
Tracy Langworthy reminded everyone that next Monday is Martin Luther King Day and
there will be no meeting.
Genevieve Wooden announced two school events: 1) The Compass Montessori School
is hosting a free showing of the documentary Race to Nowhere: The Dark Side of
America's Achievement Culture this Tuesday, January 13th at 6:30pm at the Compass
auditorium at their Golden school. Discussion will follow. 2) Alpine Valley School is
hosting an event this Thursday, January 15th at 7:00pm entitled Every Child a Pioneer,
with a'l educational expert to speak about the school's philosophy.
The City Council Meeting adjourned at 8:40
Janelle Shaver, City Clerk
APPROVED BY CITY COUNCIL ON January 26, 2015
Bud Starker, Mayor Pro tern ..•.
The preceding Minutes were prepared according to §47 of Robert's Rules of Order, i.e.
they contain a record of what was done at the meeting, not what was said by the
members. Recordings and DVD's of the meetings are available for listening or viewing in
the City Clerk's Office, as well as copies of Ordinances and Resolutions .
STUDY SESSION NOTES
CITY OF WHEAT RIDGE, COLORADO
City Council Chambers 7500 W. 29th Avenue
January 5, 2015
Mayor Jay called the Study Session to order at 6:30p.m.
Council members present: Bud Starker, Zachary Urban, Tim Fitzgerald, George Pond,
and Jerry DiTullio.
Absent: Kristi Davis, Genevieve Wooden, Tracy Langworthy
Also present: City Clerk, Janelle Shaver; Treasurer, Larry Schulz; City Manager,
Patrick Goff; Chief Daniel Brennan; Commander Dave Pickett; Commander Jim
Lorentz; Officer Mary McKenna; Community Development Director, Ken Johnstone; and
interested citizens
PUBLIC COMMENT ON AGENDA ITEMS
none
APPROVAL OF AGENDA
1 . Staff Report( s)
a. Sex Offender Registration Fee -Dave Pickett & Chief Brennan
Commander Pickett explained that WR charges the maximum for sex offender
registration fees. Some neglect to pay either their initial registration fee($75) or the
annual reregistration fee ($25). This resulted in lost revenue of $1,065 in 2012 and
$1,185 in 2013.
Two years ago state statutes changed the pursuit of outstanding sex offender
registration fees from a criminal to a civil process. Registering jurisdictions have to sue
in civil court for non-payment. Verbal requests for payment have been ineffective and
other processes the City uses to collect unpaid fees would be ineffective in this matter.
The proposed ordinance will allow the City to issue a summons to collect back fees.
Chief Brennan noted the issue reflects 12-13 sex offenders out of the 120-130 we have
in the City any given month. The proposed ordinance is similar to something the City of
Brighton enacted about a year ago and it has been effective for them.
Discussion followed.
• Non-payment would be a criminal misdemeanor, with a maximum penalty of
$999 or 90 days in jail at the judge's discretion.
• Sometimes offenders don't have the money when they register. Some don't pay;
some move away; some are transient.
• Offenders who don't pay the fees are still listed.
Councilmember Starker received consensus to bring the ordinance forward.
STUDY SESSION NOTES: January 5, 2015 Page -2-
b. Amendments to Section 16-156b; Interference with a police officer
Chief Brennan explained that an incident last year caused his department to have the
City Attorney review its policies on harassment and disorderly conduct arrests involving
police officers as victims. Last fall Council directed the City Attorney to address this . In
reviewing Section 16-156 he determined that subsection (b) was likely overbroad and
might prohibit free speech . This section has been removed, with some of the wording
moved to subsection (c). Subsection (d) is amended to reflect current constitutional
law requirements concerning investigatory stops. They're minor changes.
Councilmembers Starker and Urban had brief questions.
Councilmember Starker received consensus to move forward with the proposed
amendments to the ordinance.
2. Code Enforcement Strategies -Chief Brennan
Chief Brennan gave a short power point presentation summarizing the City's nuisance
codes and violations by category the last three years.
• About 17% of the nuisance code violations are "defacing property", i.e. graffiti.
• The other top code violations are littering, weed control, unlawful activities
(storage, junk, debris, parking/vehicles, etc.), control of trees and shrubs, and
unlawful acts (run-down property issues: peeling paint, broken windows, etc .).
• The southeast part of the City has a consistently high concentration of violations.
• 2014 Citizen calls for service-defacing property (282), weed control (98),
littering (88), unlawful activities (65), and unlawful acts (46).
• 2014 Officer-initiated calls for service-weed control (663), littering [includes
illegal signs: garage sale, political] (413), unlawful activities(385), unlawful acts
(287), and defacing property (161) -The seasonal positions have enabled us to
be more proactive.
The Chief outlined the tools in the strategy that are already in place .
• The East WR Community Policing Project (Sheridan to Harlan)
Dumpster Program (east side of the City)
Budget-focused overtime and small JAG grants for Community Policing Project
• Seasonal CSO's -Increasing from 3 to 7 positions in 2014 has really helped.
• Large Item Pickup Program
• Education and media -newsletter articles, brochures/handouts/flyers, website,
Channel 8, Cody the Code Ranger, social media
• Senior Citizens-The Community Services Team can assist in finding resources
for senior needs regarding nuisance code issues.
• Outside Partners-such as WR2020, Jewish Family Services, local churches,
Jeffco Housing Authority and DRCOG
• Issue Groups-Members of the Police, Community Development and Public
Works departments meet monthly to strategize on current cases.
In an effort to be more proactive staff makes the following recommendations:
STUDY SESSION NOTES: January 5, 2015 Page -3 -
• Rather than hire another FTE, convert 2 of the ?seasonal positions to year-round ,
non-benefited contract positions .
• These two contract positions would focus solely on nuisance code enforcement in
identified problem areas or corridors. (No parks or animal control duties.)
• Two residential neighborhoods and one commercial area would be identified for
focus by these employees.
• The work would be data driven with a problem-solving approach. "Carrot and stick ".
• Two contract employees for 30 hrs/wk@ $16/hr =budget supplement of $27,000.
• This would require adding one vehicle to the existing fleet-a standard utility pick-up
truck with no animal control equipment. Cost $35 ,000.
Ken Johnstone elaborated on potential strategies for commercial areas . He said this
will be better addressed after the contract approach has been tested for a year.
Discussion followed .
Councilmember DiTullio asked for consensus to proceed with the contract employees
and the new truck.
Councilmember Starker received consensus to move forward and authorize $62,000 for
these two items. Identification of specific areas of focus will come in the future.
3. Elected Officials Reports/Matters
Jerry DiTullio brought up electric fences in commercial areas. He and Zach Urban
would like to add to the January 12 agenda a motion to direct the City Attorney to
prepare an ordinance allowing commercial grade electric fences.
Mayor Jay asked to add an agenda item for the next meeting to disband the Animal
Welfare and Control Commission. George Pond joined in the request. Mayor Pro Tern
Starker said he would add to the next agenda a motion to direct the City Attorney to
bring back an ordinance sunsetting the Animal Control Commission .
ADJOURNMENT
The Study Session adjourned at 8:17p.m.
Janelle Shaver, City Clerk
APPROVED BY CITY COUNCIL ON
Bud Starker, Mayor Pro Tern
Council Action Form -Lakewood Crime Lab IGA
January 26 ,2015
Page 2
BACKGROUND:
The WRPD has used forensic crime lab services from the Lakewood Police Department
since the original IGA was signed in 2006 , and found the Lakewood Crime Lab to be
responsive and professional. This partnership provides the WRPD with immediate access
to Lakewood Crime Lab personnel as needed. In addition , it has allowed Wheat Ridge
access to high quality forensic services , at a cost which is substantially lower than even
basic forensic services could be provided from within.
In late 2014, the Jefferson County Regional Crime Laboratory took over fingerprint
analysis duties for Wheat Ridge Police criminal cases. The City of Lakewood will no longer
preform those duties as in past IGA's. Instead , the Lakewood Crime Lab will be providing
crime scene response training, as well as community outreach services , for the Department.
These changes are reflected in the attached 2015 IGA.
FINANCIAL IMPACT:
Per the agreement, Wheat Ridge paid salary and benefit costs for one Lakewood Crime Lab
position at $63,000 for 2014. Preliminary overtime costs have been estimated at $6 ,600 per
year, bringing the total personnel costs to $69 ,600 per year to be paid from budgeted
account 01-212-700-704 . In addition , the department will provide for the replenishment of
supplies used in the course of an investigation at a cost of $1 ,390. In comparison , salary and
benefits costs for one Wheat Ridge Police senior detective position are $94,844 , and
estimated overtime costs of $8 ,000 , bring the total costs for a sworn detective position to
$102 ,844. This IGA saves the department approximately $31 ,894 a year.
RECOMMENDATIONS:
The police department recommends maintaining the partnership with the_LakewQQd £olice
Department. This IGA makes the police department more efficient and effective, and
enhances the level of service to the community. It also provides the department the
opportunity to redeploy a sworn position to the Investigations Bureau.
RECOMMENDED MOTION:
"I move to approve Resolution No. 05 -2015 , a resolution approving an intergovernmental
agreement between the City of Lakewood and the City of Wheat Ridge for Crime Lab/Crime
Scene Services , and authorizing payment of $69,600 for calendar year 2015 ."
Or,
"I move to postpone indefinitely Resolution No. 05-2015, approving an intergovernmental
agreement between the City of Lakewood and the City ofWheat Ridge for Crime
Lab/Crime Scene Services for the following reason(s) "
REPORT PREPARED/REVIEWED BY:
Dave Pickett, Commander
Daniel G. Brennan, Police Chief
Patrick Goff, City Manager
Council Action Form -Lakewood Crime Lab IGA
January 26,2015
Page 3
ATTACHMENTS:
1. Resolution No. 05-2015
2. IGA for Crime Lab /Crime Scene services
TITLE:
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 05
Series of 2015
A RESOLUTION APPROVING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF LAKEWOOD AND THE
CITY OF WHEAT RIDGE FOR CRIME LAB/CRIME SCENE
SERVICES AND AUTHORIZING PAYMENT OF $69,600
WHEREAS, pursuant to C.R.S . § 29-1-203, the cities of Wheat Ridge and
Lakewood, Colorado are authorized to enter into cooperative agreements with other
governmental entities to provide any function , service or facility each is authorized to
undertake; and
WHEREAS , Lakewood and Wheat Ridge are each authorized to perform law
enforcement functions pursuant to Section 6, Article XX of the Colorado Constitution
and C.R.S . § 31-15-401; and
WHEREAS , Lakewood currently possesses both a forensic crime lab and
personnel that provide services that enhance investigative capabilities on crime scenes;
and
WHEREAS , Wheat Ridge does not currently possess such specialized lab
facilities or personnel; and
WHEREAS, the Wheat Ridge City Council ("Council ") finds that contracting with
Lakewood for the use of Lakewood's forensic crime lab facilities and personnel would
promote and protect the public health , safety and welfare by enhancing the investigative
capabilities of Wheat Ridge concerning Wheat Ridge crime scenes; and
WHEREAS, the Council therefore desires to approve the terms of an agreement
with Lakewood under which Wheat Ridge may utilize Lakewood 's forensic crime lab and
personnel; and
WHEREAS, in accordance with Section 14.2 of the City's Home Rule Charter,
the City Council wishes to approve said intergovernmental agreement by resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Wheat Ridge,
Colorado, as follows:
THAT THE INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE CITY
OF LAKEWOOD AND THE CITY OF WHEAT RIDGE FOR CRIME LAB/CRIME
SCENE SERVICES FOR CALENDAR YEAR 2015, ATTACHED TO THIS
RESOLUTION AND INCORPORATED HEREIN BY REFERENCE, IS HEREBY
APPROVED.
The Mayor and City Clerk are authorized to execute the same.
Attachment 1
DONE AND RESOLVED this 26th day of January, 2015.
Joyce Jay, Mayor
ATTEST:
Janelle Shaver, City Clerk
2
AGREEMENT
THIS AGREEMENT is made and entered as of the 1st day of January, 2015, by
and between the CITY OF WHEAT RIDGE, COLORADO, a Colorado municipal
corporation, (hereinafter referenced as "Wheat Ridge"), and the CITY OF LAKEWOOD,
COLORADO, a Colorado municipal corporation, (hereinafter referenced as "Lakewood").
RECITALS
WHEREAS , Lakewood possess both a forensic crime lab and personnel that
provide services that enhance investigative capabilities on crime scenes; and
WHEREAS , Wheat Ridge is desirous of utilizing these resources to more
effectively manage its crime scene investigation; and
WHEREAS, one (1) additional Crime Scene Analyst hired by Lakewood will
adequately staff the crime response team sufficient to service Wheat Ridge's needs; and
WHEREAS, the effect of the additional Crime Scene Analyst will be that Wheat
Ridge will receive services equivalent to one ( 1) full-time employee; and
WHEREAS, the parties wish to establish a cooperative working relationship
between them to provide for the use of the forensic crime lab and personnel hereafter
described in this Agreement.
COVENANTS
NOW THEREFORE, in consideration of the recitals, covenants, and promises
herein set forth and other good and valuable consideration herein received, the parties
agree as follows:
1. Definitions. As used herein, the following terms have the meanings set
forth:
a. Ancillary scene/ancillary crime scene: A scene that is not the
primary scene of a call-out. Ancillary scenes include, but are not
limited to: hospitals, vehicles and the Lakewood Police
Department when used to create search warrants and process
victims and/or suspects.
b. Call-out: A request made by either the Wheat Ridge or Lakewood
Police Department for a Crime Scene Analyst, and any other
personnel as may be deemed necessary, to visit a crime scene
and to begin the investigation and analysis necessary to resolve
that particular case .
c. Court preparation: Includes, but is not limited to: photo
processing and preparation , diagram production, pre-trial
meetings, consultation and other work done to prepare for any
court proceedings resulting from a crime scene investigation.
d. Crime Scene/Scene: Either a primary or ancillary scene as
defined in this section.
Attachment 2
e. Crime Scene Analyst: A non-sworn member of the Lakewood
Police Department specializing in crime scene investigation.
f. Forensic crime lab/crime lab/lab: A lab specially designed to aid
in the investigation and analysis of evidence found at a primary
crime scene or any ancillary crime scene.
g. Image analysis: Follow-up work done in the lab, which includes,
but is not limited to: review of images and providing stills from
surveillance tapes .
h. Overtime: Time worked by any Crime Scene Analyst beyond the
normal working hours as scheduled on a weekly basis.
i. Primary scene/primary crime scene: The location where a crime
is committed .
2. Availability of crime scene investigation resources. Lakewood shall
make its forensic crime lab and personnel available to Wheat Ridge under
the terms set forth in this Agreement.
3. Scope of services. Wheat Ridge may make a call-out request for a
Crime Scene Analyst in the circumstances as set forth in Exhibit 1 (the
"Call-out Policy") herein attached. Lakewood shall provide the following
services to Wheat Ridge in conjunction with each Wheat Ridge call-out:
a. At least one (1) Crime Scene Analyst at the primary scene of the
call-out;
b. At least one (1) Crime Scene Analyst at any ancillary scenes;
c. Chemical preparation for any required processing at a scene ; and
d. Follow-up preparation and evaluation of evidence in Lakewood 's
or Wheat Ridge's lab. Follow-up in the lab includes , but is not
limited to:
i. Documentation of clothing and other items of evidentiary
value;
ii. Bloodstain pattern analysis both at the scene and in the
lab . Bloodstain pattern analysis includes presumptive
testing for blood;
iii. Field response latent print processing;
iv . Footwear and tire track processing and comparison;
v. Alternate light source examinations;
vi. Image analysis;
vii. Image processing and the archival storage and
reproduction of images which includes: time , material and
storage expense;
viii. Report writing and diagramming, which includes laser
mapping;
2
ix . Gunshot residue collection;
x. Court preparation; and
xi. Court testimony.
e. Provide crime scene training to members of the Wheat Ridge Police
Department when deemed necessary and appropriate, contingent upon
the reasonable availability of Lakewood Crime Lab personnel to render
such training. This training can include, but is not limited to:
i. Police In-Service Training;
ii. Basic Crime Scene Investigator (CSI) training; and
iii. CSI Best Practices update training;
f. Provide assistance and technical support for various community
outreach programs that have been established by the Wheat Ridge Police
Department, contingent upon the reasonable availability of Lakewood
Crime Lab personnel. These programs include, but are not limited to:
i. Wheat Ridge Volunteer Academy;
ii. Wheat Ridge Civilian Police Academy; and
iii. Wheat Ridge Police National Night Out Event.
4. Procedure. All evidence that is not needed for immediate forensic
examination shall be booked into Wheat Ridge property and evidence.
Wheat Ridge shall be responsible for any required viewings of evidence .
5. Standard. access and quality of service. With regard to all services
provided under this Agreement, when responding to a request from
Wheat Ridge, Lakewood shall provide the same standard of service,
quality of service and accessibility to Wheat Ridge, as it does for all of its
own call-outs. At a minimum, at least one (1) Crime Scene Analyst will
respond to all primary and ancillary crime scenes . Additional personnel
may be called to the scene as necessary and as they become available.
In light of the addition of a new full-time Crime Scene Analyst pursuant to
Paragraph ?(a) hereof, it is the expectation of the parties that this staffing
increase will permit a Crime Scene Analyst to respond to any Wheat
Ridge and/or Lakewood call-out for evidence collection.
6. Assignments. Assignments to each call-out shall be made by
Lakewood . Wheat Ridge shall provide security for any Crime Scene
Analyst who is at the scene of a Wheat Ridge incident.
7. Compensation. In return for services provided and access to crime
scene investigation resources, Wheat Ridge shall compensate Lakewood
in the following manner:
a. Salary. benefits and other associated costs. Wheat Ridge shall
pay the salary, benefits and other costs associated with Lakewood
retaining one ( 1) full-time Crime Scene Analyst. During the first
twelve (12) months of employment, salary for said employee shall
not exceed $61,610 . Salary shall be payable in advance in
3
quarterly installments of $15,402.50. Changes in salary, benefits,
overtime and other associated costs of this Agreement shall be
made during each party's budget process, (typically completed in
the months of May and June) but in no event shall such changes
be communicated to the other party later than one (1) week prior
to submission of the final budget to the party's respective City
Managers ' offices for approval.
i. Overtime. Wheat Ridge shall pay all hourly overtime costs
for Crime Scene Analysts on Wheat Ridge call-outs at the
overtime rates paid by Lakewood for all overtime incurred
by such Crime Scene Analysts . Within thirty (30) days of
receipt of the invoice from Lakewood, Wheat Ridge shall
pay all overtime costs incurred . The parties understand
that this rate may change from time to time, upon 45 days
advance written notice from Lakewood to Wheat Ridge.
b. Replenishment of supplies . The City of Wheat Ridge agrees to
provide replenishment of supplies consumed in the course of an
investigation . These supplies include, but are not limited to ,
fingerprint powder, tape and brushes , casting material and
chemicals used in the development of latent impressions and
latent blood detection.
c. Personnel support. The City of Wheat Ridge agrees to provide
financial support for the analyst in the amount of $1 ,600 per year.
This funds the employee 's training costs , pager, cell phone and
clothing expenses . This fee will be billed quarterly in pro-rated
amounts .
d. Scope. This Agreement shall not be read to include access to
Lakewood 's Computer Forensics Technician.
8. Staffing. The Lakewood forensic crime lab shall be staffed by Lakewood
employees exclusively. Lakewood shall hire one ( 1) additional Crime
Scene Analyst who will be a Lakewood employee for all purposes ,
including, but not limited to : discipline and supervision.
9. Records and retention. All physical records and evidence generated by
the crime lab and its personnel shall remain in the possession of
Lakewood for the limited purpose of forensic examination. Upon
completion of such examination, such physical records and evidence
shall be maintained by Wheat Ridge. Legal ownership of such records
and evidence from any Wheat Ridge crime scene shall remain exclusively
with Wheat Ridge . Wheat Ridge shall have all responsibility for
responding to records inspection requests and any subpoenas for records
with respect to Wheat Ridge crime scenes .
10. Use of facilities. Lakewood shall have access to the Wheat Ridge
facilities necessary to carry out this Agreement. Furthermore, Lakewood
shall have access to the evidence facility owned by Wheat Ridge located
at 11220 W. 45 1h Avenue , Wheat Ridge , Colorado 80033-2500 .
4
11. Compliance with Colorado Constitution Article X Section 20. The
obligations of the parties hereunder are expressly subject to annual
appropriation of amounts necessary in the sole and exclusive discretion
of their respective governing bodies. Nothing in this Agreement
constitutes or is intended to create a multi-year fiscal obligation or debt of
either party within the meaning Article X, Section 20 of the Colorado
Constitution .
12. Effective Date. This Agreement shall take effect on the 1st day of
January, 2015, or upon execution of this Agreement by both parties,
whichever event occurs last.
13. Term. The term of this Agreement shall be twelve (12) months from the
Effective Date.
14. Termination. Either party may terminate this Agreement for any reason
upon providing sixty (60) days notice to the non-terminating party;
provided, however, that the non-terminating party is given at least thirty
(30) days to effect a cure. Notice of termination must state the reason the
party is terminating the Agreement such that the non-terminating party is
given adequate information to cure. Any notice given under this section
shall be sufficient if personally delivered or if sent by certified mail, return
receipt requested, addressed as follows:
If to Wheat Ridge:
With a copy (which shall
not constitute notice) to:
If to Lakewood:
With a copy (which shall
not constitute notice) to:
7500 W. 29th Ave.
Wheat Ridge, CO 80033
Gerald E. Dahl
Murray Dahl Kuechenmeister
& Renaud LLP
2401 15th Street, Ste. 200
Denver, Colorado 80202
Lakewood Public Safety Ctr.
445 S. Allison Pkwy.
Lakewood, CO 80226
Office of the City Attorney
Lakewood Civic Center
480 S. Allison Pkwy.
Lakewood, CO 80226
Notices personally delivered shall be effective upon delivery. Mailed
notices shall be effective three (3) business days after mailing.
15. Waiver. Failure to insist upon strict compliance with any of the terms,
covenants and/or conditions hereof shall not be deemed a waiver of such
terms, covenants and/or conditions, nor shall any waiver or
relinquishment of any right or power hereunder at any one time or more
times be deemed a waiver or relinquishment of such right or power at any
other time or times.
5
16. Amendments to Agreement. No changes, alterations or modifications
to any of the provisions hereof shall be effective unless contained in a
written agreement signed by both parties.
17 . Entire Agreement. This Agreement shall constitute the entire agreement
between the parties hereto and shall supersede all prior contracts,
agreements , proposals, representations, negotiations and letters of intent,
whether written or oral, pertaining to the subject matter of this Agreement.
18 . Governing law: severability. The laws of the State of Colorado shall
govern the interpretation, validity, performance and enforcement of this
Agreement. For the resolution of any dispute arising hereunder,
jurisdiction and venue shall be proper and exclusive in the Courts of the
County of Jefferson, State of Colorado. If any provision of this Agreement
shall be held to be invalid or unenforceable, the validity and enforceability
of the remaining provisions of this Agreement shall not be affected
thereby .
19 . Paragraph headings. Paragraph headings are inserted for convenience
only and in no way limit or define the interpretation to be placed upon this
Agreement.
20. Binding agreement. This Agreement shall be binding upon and for the
benefit of the parties hereto, their successors and assigns .
IN WITNESS WHEREOF , the parties hereto have executed this Agreement on the
day and year first above written .
WHEAT RIDGE:
ATTEST:
By : _____ ----=-----
Janelle Shaver , City Clerk
CITY OF WHEAT RIDGE, COLORADO
By : __________ _
Joyce Jay-Mayor
APPROVED AS TO FORM:
By : ___________ _
Gerald Dahl , City Attorney
6
LAKEWOOD:
ATTEST:
By: ________ _
Margy Greer, City Clerk
CITY OF LAKEWOOD, COLORADO
By:. ___________ _
Kevin Paletta, Chief of Police
APPROVED AS TO FORM:
By: ___________ _
Office of the City Attorney
7
Exhibit _1_ Call Out Policy
Call Out Policy
1. Homicides and attempted homicides
2. Questionable (suspicious) and accidental deaths
3. Suicides
4. Felony Sex Assaults
5. First & Second degree assaults on police or fire personnel.
6. Assaults with potentially life threatening injuries to any person.
7. Fire investigations involving human death or potentially life threatening injuries;
or at the request of fire investigators for technical assistance .
8. Felony child abuse .
9. First or Second degree kidnapping
10 . Police involved shootings .
11 . Other types of incidents when the sensitivity of the investigation or a forensic
complexity precludes the normal processing option, at the discretion of the
supervisor.
8
CAF -Supplemental Budget Appropriation for Specific Code Enforcement Strategies
J anu ary 26, 201 5
Page 2
At the January 5, 2015 City Council Study Session , Staff presented proposals as directed.
Council preferred the option of increasing two (2) part-time Community Service Officers from
seasonal 26-week employment to annual 52-week employment as non-benefited temporary
employees , to work on specific code enforcement strategies to address residential and
commercial nuisance code enforcement. The status of these positions and the new program
would be reevaluated at the end of2015.
FINANCIAL IMPACT:
The financial impact to the General Fund is a requested increase in the amount of $62 ,000. This
amount includes a $27 ,000 salary increase for (2) non-benefited temporary Community Service
Officers and $35 ,000 for an additional vehicle for the Community Services Team.
BACKGROUND:
Staff is recommending that a data-driven approach be utilized to address nuisance code related
issues in residential and commercial corridors. Staff would use data from calls for service,
service requests and observations to target two to three areas in the city that are in distress
(crime, traffic, quality of life). Programs similar to the East Wheat Ridge Community Policing
Project would be utilized to address these issues. Thi s approach would use the strengths of
existing cross-departmental meetings , as well as collaborative, community outreach program s.
Staff recommends identifying two neighborhood s and one commercial corridor to try this
approach in 2015 . Additionally, staff recommend s identifying one commercial corridor, i.e., W.
44t h Avenue between Harlan Street and Wadsworth , or Wadsworth between W. 35 th and W. 48th
Avenues.
The approach outlined above would be accomplished in 2015 , using the two contingent part-time
positions and existing staff resources , as available. Depending on the scope of enforcement
issues that are being addressed (landscaping, storage containers , dumpster enclosures , outside
storage, parking lot surfacing, etc.), staff will need to monitor whether additional resources are
needed to sustain such a program in future years. Staff will report back to City Council in late
2015 , with the results ofthis expanded code enforcement program.
RECOMMENDATIONS:
Staff recommends that City Council approve the supplemental budget appropriation.
RECOMMENDED MOTION:
"I move to approve Resolution No. 06-2015 , a resolution amending the fiscal year 2015 General
Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of
$62 ,000 for specific code enforcement strategies ."
Or,
"I move to table indefinitely Resolution No. 06-2015 , a resolution amending the fiscal year 2015
General Fund Budget to reflect the approval of a supplemental budget appropriation in the
CAF -Supplemental Budget Appropriation for Specific Code Enforcement Strategies
January 26, 2015
Page 3
amount of $62,000 for specific code enforcement strategies for the following reason(s)
"
REPORT PREPARED/REVIEWED BY:
Jim Lorentz, Di vision Chief
Daniel G. Brennan, Chief of Police
Patrick Goff, City Manager
ATTACHMENTS:
l. Resolution No. 06-2015
2. Staff Report: 08 /04 /14 Code Enforcement Strategies
3. StaffReport: 01 /05115 Code Enforcement Programs
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 06
Series of 2015
TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2015
GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF
A SUPPLEMENTAL BUDGET APPROPRIATION IN THE
AMOUNT OF $62,000 FOR SPECIFIC CODE ENFORCEMENT
STRATEGIES
WHEREAS, the Wheat Ridge Charter requires that amendments to the budget
be effected by the City Council adopting a resolution; and
WHEREAS, the Wheat Ridge City Council identified code enforcement as an
action agenda item during the 2014 City Council retreat; and
WHEREAS, the Wheat Ridge City Council recognizes the important role that
proactive code enforcement plays in achieving the goals of the City, and that the City's
code enforcement strategies should be strengthened; and
WHEREAS, the Police Department is increasing two (2) non-benefited temporary
Community Services Officers from seasonal 26-week employment to annual 52-week
employment to work on specific code enforcement strategies to address residential and
commercial nuisance code enforcement; and
WHEREAS, the cost of the increase to the Community Services Officers Staff
Salary and Wages Budget account is $27,000 and the cost for a vehicle for the
Community Services Team is $35,000.
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that:
Section 1. Effectiveness. This Resolution shall take effect immediately.
Section 2. The City Council authorizes transferring $62,000 from General
Fund undesignated reserves to the following accounts,
01-203-600-617
01-303-800-807
$27,000
$35,000
And amending the 2015 General Fund revenues accordingly.
DONE AND RESOLVED this 26th day of January 2015.
Joyce Jay, Mayor
ATTEST:
Janelle Shaver, City Clerk
Attachment 1
Staff Report: Code Enforcement Strategies
August 4, 20I4
Page 2
the Police Department's Animal and Parks Enforcement Unit. The unit was renamed the
Community Services Team in 2007, to more accurately reflect the Police Department's
commitment to neighborhoods and community quality of life issues. These new responsibilities
were assigned without any increase in staffing. The additional code enforcement duties
increased the number of calls for service for this team by approximately 40%. Community
Development maintained a propetiy code inspector position, responsible for complaints related
to fences, dumpsters, lighting and commercial parking surfaces. Parks and Recreation remained
responsible for maintaining certain roadway and right-of-way maintenance for certain locations,
and Public Works has responsibility for code enforcement issues related to stormwater and the
floodplain.
In 2007, the City adopted the Administrative Enforcement Process and related ordinances.
These ordinances allowed staff to utilize an administrative process to handle and address certain
code violations, rather than the use of the former "due process model". As the Administrative
Enforcement Process was rolled out, the Police Department worked on a program and marketing
strategy to educate community members on the process. In 2008, the Police Department
introduced "Cody, the Code Ranger Program" to meet this need. The purpose of this program
was to put a friendly face on an unpleasant topic, code enforcement. "Cody" has been used on
letters, brochure, and the Police Department's website to send a proactive educational message to
property owners, and now animal owners.
In an eff01i to respond more effectively to nuisance code issues during the summer months of
20 I 0, the department received funding to hire three Seasonal Community Services Officers
(CSOs). These seasonal employees served as proactive force multipliers, providing assistance in
identifying problem properties, assisting with proactive code enforcement in certain areas of the
City, issuing warning notices, and assisting with park education and enforcement responsibilities.
In 2011, the Propetiy Inspector position was moved from the Community Development
Department to the Community Services Team in the Police Department. The integration of the
duties of the Property Inspector position into the current duties of the CSO's made sense in tern1s
of efficiency and customer service needs in the community. All CSO's are finishing up
educational requirements to become cetiified Property Maintenance Housing Inspectors and will
re-certify every two years.
In 2014, four additional seasonal CSO positions were authorized, in addition to the previous
compliment of three seasonal CSOs, to increase the scope of the nuisance code program, and to
respond to citizen concerns related to safety in the City parks. The addition of these positions
has increased the span of control for the CSO supervisor, resulting in the reclassification of one
CSO position to a Lead CSO position, to assist with supervision of these seasonal employees.
The department has also been challenged in providing the Community Services Team with
vehicles, due to the increased staffing.
The Community Services Team is a unique combination of public safety functions, i.e. code
enforcement, animal control and parks enforcement. In many neighboring jurisdictions, these
functions are handled by separate and distinct units or teams.
Staff Report: Code Enforcement Strategies
August 4, 2014
Page 3
FINANCIAL IMPACT
The Community Services Team is comprised of one supervisor and five CSOs . From
approximately May through August/September of each year, the staffing increases with the
hiring of seasonal CSOs. The CSO supervisor reports to the Patrol Operations Division Chief.
Funding for the CSO Team is budgeted in the Community Services Team budget , Program 203 ,
and Special Fund 63 , the Crime Prevention/Code Enforcement Fund.
The 2014 Budget for the Community Services Team programs (Program 203 and Fund 63) is
$449 ,385 , with $390 ,548 of that amount comprised of salaries , including seasonal employees.
Personnel costs account for 87 % of the total budget. The Parks and Recreation Department
budgets $55 ,000 (not included in the totals above) for a contract to maintain certain right-of-
ways throughout the City. As Council provides direction to staff, additional costs can be
calculated for personnel and/or programing enhancements.
BACKGROUND
In the City's early history, there were not specific processes in place to address nuisance code
issues. Some elected officials had very strong feelings about nuisance code enforcement and did
not want code enforcement effotis to occur within their districts. At that time, when a complaint
was received and a violation existed , the code enforcement officer would issue a warning and
make an effort to work with the property owner on addressing the violation . There were no
timeframes imposed on the code enforcement officer or the property owner in completing this
process. If the violation(s) remained unresolved, a citation could be issued to the property
owner. Issuing a citation generally delayed addressing the nuisance code issues as the case was
set for an arraignment, trial and a disposition . Two major problems with this model were
identified: First, citizens often expressed that they felt like criminals in this process. Second , the
process took a very long time to complete in some cases. Once issued a summons , the wait for a
Court date was six to eight weeks. Coupled with continuances and other legal proceedings , by
the time a violation , such as overgrown weeds , was addressed , the weeds had continued to
multiply to ridiculous levels. The original citizen who had complained about a violation grew
more and more frustrated by the lack of visual results to their cry for help.
In 2005 , the Neighborhood Revitalization Strategy Report was adopted by City Council. The
report identified the need for a commitment by City Council to address the appearance of the
City, and improve code enforcement in a variety of areas , including nuisance codes , sign code ,
commercial areas , neighborhoods and rental properties. Ten (1 0) key strategies for repositioning
Wheat Ridge were approved by City Council.
Beginning in 2005 , staff began to investigate strategies that would speed up the process in
addressing nuisance code issues . A solution emerged that would move nuisance code
enforcement from a "due process model ," which can best be described as beyond a reasonable
doubt , to an "administrative model ," which relied upon a preponderance of evidence. The
administrative model operates more efficiently by establishing appropriate and specific timelines
for a property owner to come into compliance. It establishes specific and significant penalties
for first , second and third offenses , and allows for a timely hearing process before an
Administrative Hearing Officer (AHO). The process still allows for a criminal code enforcement
process , if required. The process of changing to an administrative enforcement model enabled
the City to be more responsive to community concerns regarding code enforcement issues ; and
StaffReport: Code Enforcement Strategies
August 4, 2014
Page4
minimized the time and effort spent by City employees in achieving compliance from property
owners.
The City Code of Laws still allows an authorized City officer to seek abatement through the
Municipal Court , to bring a property into compliance, when needed. Abatements are generally
last resorts , or are used in situations when a nuisance causes an imminent danger to the public
health , safety or welfare of the community.
As staff began to meet on the issues related to code enforcement in the City, we were able to
separate out the issues associated with code enforcement into six focus areas . Each code
enforcement focus area is summarized below:
Residential Nuisance Code Enforcement
In the last City Citizen Survey, 66 % of the respondents indicated that they believed code
enforcement services were important , essential services . Residential code enforcement efforts
are primarily focused on citizen complaints and proactive efforts by CSOs related to weeds , junk,
trash , debris , vehicle s parked on unimproved services , and complaints related to the exterior
appearance of residential units . To help in understanding the problems associated with
residential nuisance code enforcement, the following data highlights the scope of nuisance code
enforcement and charts document activity related to the Community Services Team from 2008 -
2013:
Nuisance Code Enforcement 2008 2009 2010 2011 2012 2013 TOTAL
Calls for Service 1,083 1,165 1,057 1,157 1,297 2,008 7,767
Warnings Issued 872 812 836 7 11 849 1,524 5,6 04
1st Citations/Compliancy 140 / 84% 137 /83 % 144 /83 % 123 /83 % 106 /87 % 173 /89 % 823 / 85%
2"d Citations/Compliancy 32 /96% 40 /95 % 48 /94 % 54 /93 % 37 /96 % 41/97 % 252 /95 %
3rd Citations/Compliancy 5/99.99 % 14/9.98 % 15 /9.98 % 22 /99.97% 19 /98 % 16 /99% 91/98 %
Admin Hearings 24 / 3% 21 / 2.5% 10 / 1% 7 / 1% 14 / 3% 20 / 1% 96 /.02 %
Abatements 16 / 2% 24 / 3% 21/ 2.5% 14 / 2% 18 / 2% 17 / 1% 11 0 /.02 %
Criminal Charges 0 0 0 0 0 0 0
Fines Assessed $4 5,460 $49 ,706 $53 ,840 $53,9 10 $47 ,120 $7 1,355 $267,55 1
Abatement Fees Assessed $9,522 $10,240 $2 1,067 $9,229 $17,476 $15,099 $82 ,633
As mentioned , CSO 's are responsible for not only code enforcement, but animal control and
welfare and duties related to city parks. Calls for Service (CFS) related to each of these
functions increases in the spring and summer months before decreasing somewhat in the fall and
winter months. Increases in CFS oftentimes impacts the available time CSO's have to devote to
proactive nuisance code enforcement efforts.
On at least a monthly basis , the department conducts an analysis of crime, traffic and quality of
life issues in the City. As problem locations are identified , problem-solving strategies are
Staff Report: Code Enforcement Strategies
August 4, 2014
Page 5
developed in an effort to address the issues. For example, the Community Services Team
partnered with patrol officers, WR2020, LiveWell Wheat Ridge and various volunteer agencies
in addressing crime, traffic, quality of life and nuisance code issues as part of the East Wheat
Ridge Community Policing project. This effort included meeting with and educating property
owners on the observed violations , as well as providing infonnation to them regarding available
resources. Staff listened to resident concerns as well. This outreach approach was followed up
with a neighborhood clean-up day. ln the most recent cleanup event , staff asked citizens to
complete a qualitative survey on the benefits of this program. Overall , citizens expressed their
appreciation for the program , and expressed a desire for more cleanup efforts in this
neighborhood. After the cleanup effort, CSO's conducted a drive through of the designated area ,
and the owners of those properties with remaining nuisance code violations were issued a
warning notice that addressed the observed violations.
Staff has identified the need for a more robust residential nmsance code education and
enforcement program to assist in addressing similar quality of life issues in other areas of the
City. Staff feels that the successes documented in the East Wheat Ridge Community Policing
Project could be replicated in other areas of the City with increases to staff and program budgets.
Current staffing does not allow for a more encompassing citywide approach.
Multi-Family Housing Rental Inspection Program
The 2005 Neighborhood Revitalization Strategy document identified a need to improve existing
multi-family rental properties in the City. Some of the problems identified included the old age
of the rental stock and low quality of the property maintenance. The last Citizen Survey pointed
out that the City was either "below" or "much below" National and Front Range benchmarks on
questions related to a "place to live" and a "place to raise children." In this survey, residents
expressed strong support for a rental housing inspection program. In the 2010/2011 City Council
Strategic Plan , City Council identified as a "high priority" an Apartment/Multi-Family Rental
Inspection Program . Research indicated that communities implementing a systematic inspection
program for multi-family rental properties provide a higher quality of life and ensure health and
safety for citizens. Higher levels of rental property maintenance can result in higher property
values within a community. Staff presented information on a Multi-Family Property
Maintenance Program to City Council on March 5, 2012 . Council gave direction to staff to bring
forward a program for a multi-family property inspection/registration program , to include the
adoption of the 2012 Property Maintenance Codes (IPMS); include all multi-family complexes
of ten plus units in the program ; address exterior and interior property maintenance safety
concerns ; require mandatory registration for all complexes with ten or more units; and develop a
phased , incremental approach. On September 24, 2012, a multi-family property
inspection/registration program was presented to City Council addressing these issues. After
presenting the proposed program , Council reached a consensus to not move forward with a
Multi-Family Property Inspection Program.
Staff still considers a Multi-Family Housing Rental Inspection Program to have significant value
in improving the overall attractiveness of the community and improving quality of life. Based on
2010 Census data , just over 45 % of all households are renters. Among renter-occupied units in
the City, two-thirds (67 %) are in buildings comprised of nine units or less , and the remaining
third (33 %) are in complexes with ten units or more. Wheat Ridge historically and presently has
had the lowest average rental rates in Jefferson County. Based on 2012 estimates , median gross
Staff Report: Code Enforcement Strategies
August 4, 2014
Page 6
rent in Wheat Ridge was $805 compared with $958 in Jefferson County and $946 in the Denver-
Aurora-Boulder Combined Statistical Area. These low rental rates are a strong deterrent to the
private sector making investments in new , high quality rental housing, which could be one means
of attracting strong young households to the City.
Commercial Code Enforcement
The City's commercial corridors were identified as a "high priority" item in the 2010/2011 City
Council Strategic Plan. Commercial properties present different code enforcement challenges,
i.e. signs, parking, landscaping, parking lots , dumpsters and outside storage. The approach
towards commercial code enforcement issues has primarily been reactive, except for efforts by
CSO's along the W. 38 1h Avenue corridor prior to the Camation Festival parade. The
Community Development Department and CSOs do have very helpful education brochures on all
of the aforementioned topics for property and business owners, and information on City
requirements is provided property owners on new properties.
Historically, staff has had less opportunity to be proactive in this area, oftentimes reacting to
complaints. Staff feels strongly that a strategic education and enforcement approach in this area
offers opportunities to make significant improvements in the City's commercial zones. This type
of a program would require personnel resources in both the Community Services Team and
Community Development Department. Staff agreed that a new commercial code program could
potentially incorporate additional loan and /or grant programs to give business/property owners
the incentive to improve the physical appearance of their properties. Staff agreed that any
changes in the City's approach to commercial code enforcement would involve a lot of outreach
and education by the City with the business and development communities.
Hotel/Motel Code Enforcement
Nationally, lower tier motels are more likely to experience crime and disorder problems. The
majority of hotels/motels in Wheat Ridge would fa]] into this lower tier. These locations offer
relatively low rates that turn these locations from temporary overnight lodging into more
transitory long-term residential locations. The con·idor of 1-70 and Kipling accounts for a
significant number of calls for service for patrol and the Community Services Team and
consume an inordinate level of police resources than other locations in the City. These calls for
service vary and include a wide variety of crime and order-maintenance calls for service.
The City collects a ten percent Lodging (Accommodations) Tax on the price of rooms or
accommodations that are leased , rented or otherwise furnished by agreement and for
consideration to one occupant for less than 30 days. Some of the funding from this lodging tax is
used for educational efforts and inspections directed at multi-family housing and hotel /motel
properties. CSO's work with members of the Community Development Department's Building
Division and a fire protection disttict official to conduct annual health and safety compliance
inspections of a11 hotel /motel rooms in the City.
The issues associated with hotels/motels and multi-family housing units along the 1-70 and
Kipling corridor go beyond issues related to code enforcement. The Police Department offers
"Crime Free Hotel /Motel" and "Crime Prevention Through Enviromnental Design" training to
both hotels/motels and multi-family units , with mixed results , in an effort to gain cooperation
StaffReport: Code Enforcement Strategies
August 4, 2014
Page 7
from the owners and managers of these properties. Other crime prevention strategies have been
employed as well to address crime and order-maintenance issues .
In past annual inspections conducted by City staff and local fire marshals , significant nuisance
code/safety issues were identified. Staff has worked with the property owners and managers on
bringing these properties into compliance. Staff reports that the inspection program can continue
with no additional budgetary needs. Staff acknowledges that there are some additional policy
and ordinance strategies that can be researched and brought back to City Council for
consideration including regulating through ordinances management practices in those
hotels/motels with higher calls for service; establishing and enforcing minimum hotel /motel
functionality and security standards; requiring identification from renters , adult guests and
visitors ; maintaining and enforcing "no rent " and "no trespass" lists and requiring training for all
managers and clerks. Police Department staff is in the process of evaluating potential responses
and will update City Council on any recommendations.
Roadway and Right-of-Way Maintenance Program
The perceptions that citizens and visitors to our community have of the City's transportation
corridors and rights-of-way are important in creating a sense of safety and attractiveness that can
positively or negatively affect the perception of Wheat Ridge as a community. The City has a
contract with a private vendor for roadway and right-of-way maintenance at various locations
throughout the City. This contract provides for sidewalk cleaning, trash pick-up, mowing and
chemical control of weeds and tall grass in the right-of-way. City Council adopted the scope of
the area designated for right-of-way maintenance in 2005 . Prior to 2003 , Public Works was
responsible for this maintenance. During budget cuts in 2003 , City Cow1cil adopted a policy
stating the property owner was responsible for right-of-way maintenance. The result of this
policy was that maintenance was not completed on a majority of the right-of-ways along major
streets , arterials and corridors.
Since 2005 , the Parks and Recreation Department has been administering the contract for Right-
of-Way maintenance, which includes the activities listed above. The scope of work has
increased with the addition of specific areas when needed , and projects such as the landscaping
at W. 491b Avenue and Kipling.
Stormwater
Stormwater related compliance issues are generally regulated through State and local provisions ,
as well as the City Code. The Public Works Department generally monitors and enforces
stormwater regulations through construction permits , and as required through State and Federal
regulations under provisions of the City's NPDES permit (National Pollution Discharge
Elimination System). When compliance becomes more problematic, Public Works is assisted by
the Police Department with further enforcement and action as needed. Public Safety is always
the highest priority when allocating resources toward compliance and enforcement.
Stormwater compliance generally falls into two areas: Illicit discharges (runoff) and
construction runoff (both during construction and post construction). Larger sized public and
private construction projects are permitted activities and compliance and enforcement issues are
generally not as problematic. Non-pennitted illicit discharges can consist of a variety of
activities that may include the following : Smaller construction activities , illegal miscellaneous
Staff Report: Code Enforcement Strategies
August 4, 2014
Page 8
activities on private properties , and/or other non-conforming activities that may result in illegal
runoff into the City 's stom1 sewer system . The Public Works, Police, and Community
Development (Building Division) Departments work together jointly in dealing with these
activities and issues. Illicit discharges consume the majority of staff time and resources with
regards to stormwater compliance.
A third area related to stonnwater related compliance are actlvitles in the floodplain and
floodway (primarily of Clear Creek), that may be illegal in accordance with State and City
regulations. To date, enforcement has been reactive and complaint based.
The Police and Public Works Departments are currently working jointly to further streamline and
improve stonnwater related compliance and enforcement, including additional training,
procedural reviews, and analysis of the City Code to detennine if any updates may be needed. In
addition to compliance and enforcement, staff continually works to provide public education as
resources allow. Public education has consisted of open public meetings , one-on-one discussions
with property owners, use of media, the City's website, and /or other means of providing
information as opportunities a1ise.
RECOMMENDATION
The purpose of this staff report is to provide City Council with a broad understanding of the
City's current approach to code enforcement. As you can see, code enforcement is comprised of
a diverse set of regulatory ordinances related to public safety, zoning, citywide cleanliness, signs ,
vehicle issues and enviromnental matters , such as stormwater. In Wheat Ridge, code
enforcement encompasses all of these areas and is intended to ensure quality of life in
neighborhoods, parks , and commercial conidors . Code enforcement is an important strategy in
maintaining public safety. City staff is doing many things in all of the aforementioned areas;
however, the current staffing and budgets in each department limits opportunities to replicate
successful programs or proactive efforts citywide.
Staff is in agreement that the City is doing everything it can do with its current staffing and
budgets to maintain the programs and strategies that are in place today. While the City is not
entirely reactive when it comes to these issues , our proactive efforts (East Wheat Ridge) have
been strategic in their application . Staff is in agreement that adding additional programs,
education, and enforcement efforts will need to be strategic and some will require more staffing
and a committed budget. One positive outcome of these meetings is the recommendation to
develop a Code Enforcement Strategy Plan for the City, which would encompass all City
department programs related to code enforcement. Staff will begin working on this plan soon.
Based on these discussion topics , staff would ask for direction from City Council on those code
enforcement programs City Council would like to see added or enhanced upon in the future .
DB/ck
Attachment: 2012 Citizens Survey/Report of Results
StaffReport-Code Enforcement Programs
January 5, 2015
Page 2
• Moving the nuisance code responsibilities to the Police Department in 2000;
• The development of an administrative model process to resolve nuisance code
enforcement property issues;
• The use of a community policing/problem oriented policing approach that included an
education and outreach component to the program;
• The addition of the fom1er Community Development property inspector position to the
Community Services Team; and
• Adding seasonal Community Service Officers positions to the Team during certain
months of the year.
Nuisance code enforcement responsibilities rest primarily with the Police Department 's
Community Services Team. This Team is responsible for three functions: 1) nuisance code
enforcement, 2) animal control , and 3) city parks patrol and enforcement. Meeting the demands
of these multiple functions can be challenging, particularly during the spring, summer and early
fall months.
Current Nuisance Code Strategies
Residential nuisance code enforcement has the most significant impact on nuisance code
resources today. The City's nuisance code enforcement strategy can best be described as
location or place specific, targeting blocks or neighborhoods in areas where the crime rate was
higher than other areas. While the majority of calls for service are generated by citizen
complaints or service requests, there have also been proactive efforts over the years. These
proactive efforts include:
• East Wheat Ridge (Sheridan to Harlan Street) Community Policing Project -this
program has focused on east city alleyways, neighborhood cleanup, distressed
neighborhoods within this geographic area, and extra-patrol efforts including bicycle
and vehicle patrols by patrol officers and Community Service Officers (CSOs) based
on crime, traffic and quality of life issues.
• Dumpster Program -This CSO program has identified distressed neighborhoods in
the eastside of the city using anecdotal and actual data. CSOs send out educational
infonnation to the identified area via a flyer, a date/time for a neighborhood meeting
when members of the department can meet with property owners to describe the
observed violations, and a date is established to provide a dumpster(s). Afterwards ,
an assessment of the efforts is made, and any further violations are handled using the
administrative model process .
• Budget -the Police Department has budgeted approximately $20,000 a year in
overtime for community oriented policing projects department wide . A pa11 of this
budget has been used for the aforementioned programs. A small amount of grant
funding has been used for overtime through the Justice Assistance Grant to pay
overtime to police officers and CSO's to patrol and work with distressed
neighborhoods in East Wheat Ridge. In 2014, the City Manager's Office had a
$20,000 budget for community programs. This money was used for a targeted effort
in a distressed area of East Wheat Ridge employing dumpsters, as a means to help
property owners clean up unsightly or poorly maintained properties.
Staff Report-Code Enforcement Programs
January 5, 2015
Page 3
• Seasonal CSO Program -the department hires seasonal CSO's to assist with nuisance
code enforcement and parks enforcement. In 2014 , the budget allowed the
department to increase the number of seasonal positions from three to seven, in an
effort to be more proactive with nuisance code and parks enforcement. There have
been two challenges in adding these additional seasonal CSOs -supervision and
training, which have been partially addressed by creating a Lead CSO position in
2014. Having available vehicles for the seasonal staff to utilize is a significant
concern. An additional vehicle was requested in the 2015 Budget; however, it was
cut from the budget prior to Council's approval of the final budget.
• Large Item Pickup Program -this program is offered through the Public Works
Department on an annual basis for residences located within the city. The first 275
residences that register are eligible to have one large bulky household item picked up.
A list of approved large items for pickup can be found on the City website. Public
notice is given regarding the program and citizens contact the City approved vendor
for a pickup.
• Education and Media -the Police and Community Development Departments are
proactive in the use of media to educate the public through the use of the quarterly
Connection's articles , Mayor's Matters , informational brochures and quick reference
handouts on a variety of City building code requirements, educational flyers utilizing
"Cody," the City website, Channel 8 and Top-of-the-Hour videos. Many of the
brochures and quick reference handouts have been translated into Spanish.
• Senior Citizens -the Community Services Team has a resource list to address the
unique needs of our senior citizens and can assist in finding resources to address
nuisance code issues.
• Outside Partners -both departments make efforts to utilize community partners or
outside agencies . Examples include Wheat Ridge 2020 , Jewish Family Services ,
local churches , Live Well Wheat Ridge , the Jefferson County Housing Authority and
DR COG.
• Issues Group -Members of the Police, Community Development and Public Works
Departments meet monthly to review current code enforcement cases and strategize
on responses. It is not uncommon for the cases presented to have multiple violations
that are handled by different departments. These meetings allow for representatives
from each department to discuss specific properties , violations, and to determine next
steps that address all issues involving a relevant property.
While the City's efforts regarding commercial code enforcement has been primarily reactive and
in response to citizen or elected officials complaints , the Tean1 did make a concerted effort to
focus on the W. 38 1h Avenue corridor, between Sheridan and Wadsworth , prior to the annual
Carnation Festival. Other areas of focus in commercial areas include news-rack violations ,
dumpster enclosures, dangerous or significantly distressed parking lot surfaces , and lighting.
Ordinances and Processes
The Police and Community Development Departments reviewed relevant codes and current
processes related to residential and commercial nuisance code enforcement. After reviewing
cun·ent ordinances and discussing current strategies , there were no suggestions for revising or
Staff Report -Code Enforcement Programs
January 5, 2015
Page4
adding to the existing Code of Laws or the administrative model process moving forward. The
current abatement process works effectively, and is used as a last resort or when a significant
public safety, health or welfare issue exists.
There were no changes suggested for the administrative model process. This process allows for
the efficient disposition of over 97% of the nuisance code enforcement actions taken by the City.
At the conclusion of these meetings , consensus was reached that the City is more effective today
than in the past in addressing nuisance code issues throughout the city. While primarily reactive,
the Police and Community Development Departments have adopted a problem solving approach ,
and strive to be proactive with the resources available to them.
ALTERNATIVES
Staff recognizes that the long-term success of revitalizing Wheat Ridge is tied directly to the
community's ability to clean up and/or redevelop properties which frustrate residents , deter
further investment , and create a climate of fear or disorder, or lead to increases in crime. Current
financial conditions require the City to be strategic in its application of limited resources to make
the city more attractive. Having a strong nuisance code enforcement program , coupled with the
necessary administrative resources , is critical.
Ideally, the City's code enforcement activities would involve both a "carrot and stick" approach .
This approach would incentivize property owners to reinvest in their prope1ties in order to
achieve City goals.
Staff discussed numerous ideas to be more proactive in its approach to nuisance code
enforcement. These discussions focused on broad ideas that would improve the attractiveness of
the city and the quality of life of its citizens . Staff is aware that the strategies should be focused ,
and decisions made on the need for resources should be data-driven. With that in mind , staff is
recommending a multi-faceted approach , understanding that further direction from Council is
necessary:
APPROACH 1 -Expand the Seasonal Community Services Team Strategy
Staff discussed the feasibility of adding additional FTE staff to address City Council
concerns. There were many suggestions and strategies discussed; however, staff
determined that adding full-time positions without a specific strategy or program would
not provide the results needed.
At the present time , the Police Department hires seven (7) seasonal positions . These
positions have allowed the department to be more focused in the areas of residential
nuisance code enforcement, as well as parks patrol and enforcement. Adding these
positions without additional vehicles and finding workspace for these personnel to
complete their reports and make phone calls has been problematic.
In reviewing how the City could be more proactive, staff recommends maintaining the
seven (7) positions: five (5) as seasonal , and two (2) as non-benefited contingent
(contract) positions in 2015 and beyond. The department has $78 ,750 budgeted in 2015
for these seven (7) positions. Hiring two non-benefited contingent positions to replace
two seasonal positions at a salary of $16 per hour to work 30 hours a week for 2015
Staff Report-Code Enforcement Programs
January 5, 2015
Page 5
would require a budget supplemental in the amount of $27 ,000. This approach would
allow the department to use these two contract positions to focus solely on nuisance code
enforcement problems in identified problem areas or corridors. These positions would
not be responsible for parks and animal control enforcement. It is staff's opinion that the
additional cost of making these positions part-time, with paid benefits is costly. This
approach gives the City flexibility to evaluate data and outcomes on an annual basis , and
make incremental changes as necessary.
This approach requires adding one vehicle to the existing fleet. A fully equipped vehicle
was requested in the 2015 Budget. Having seven additional CSOs, during the busiest
months of the year, taxed the department's current vehicle fleet. Staff is recommending
adding one vehicle, without the animal control cages , to the Community Services Team
fleet. A small utility truck could meet the needs contemplated with this approach and two
positions. Staff anticipates this cost to be approximately $35 ,000 for a standard utility
truck with no animal control equipment.
APPROACH 2 -Problem Solving Strategic Approach
Staff is recommending that a data-driven approach be utilized to address nuisance code
related issues in residential and commercial corridors. Staff would use data from calls for
service, service requests and observations to target two to three areas in the city that are
in distress (crime, traffic, quality of life). Programs similar to the East Wheat Ridge
Community Policing Project would be utilized to address these issues . This approach
would use the strengths of existing cross-departmental meetings, as well as collaborative,
community outreach programs.
For purposes of discussion, staff recommends identifying two neighborhoods and a
commercial corridor to try this approach in 2015. Staff recommends identifying a
neighborhood in potentially District 2 and District 4, using a data-driven approach based
on historical calls for service in these areas. As in East Wheat Ridge, a coordinated
dumpster day would be provided for these problem areas . Additionally, staff
recommends identifying a commercial corridor, i.e. W. 441h Avenue between Harlan
Street and Wadsworth, or Wadsworth between W. 35th and 48th Avenues.
The approach outlined above would be accomplished in 2015 using the two contingent
part-time positions and existing staff resources , as available. Depending on the scope of
enforcement issues that are being addressed (landscaping, storage containers , dumpster
enclosures , outside storage, parking lot surfacing, etc.) staff will need to monitor whether
additional resources are needed to sustain such a program in future years. It may also be
necessary to get further City Council direction on what types of enforcement (as noted
above) are of the highest priority to achieve the City's beautification goals. Staff's intent
would be to report back to City Council in late 2015 , with the results of this expanded
code enforcement program as described in Approach 1 and 2, above.
APPROACH 3-Neighborhood/Commercial Corridor Revitalization Program
The Neighborhood Revitalization Strategy encouraged City Council to focus on strategic
and focused "wins" versus a citywide approach . A strategic revitalization program
Staff Report -Code Enforcement Programs
January 5, 2015
Page 6
allows the City to target available resources to create attractive neighborhoods and
vibrant commercial areas. A more comprehensive commercial code enforcement
program could include a three-pronged approach of: 1) education and outreach; 2)
systematic code enforcement inspections; and 3) public and private investment through
the City's capital budget, and grants and loans for private property.
Such a program could be relatively resource intensive. Staff will be better positioned to
define such a program, and identify resource needs after the 2015 trial-period for the
altematives outlined in Approaches I and 2. For 2015 , staff proposes to work with
WR2020, the Wheat Ridge Business Association (WRBA), and other identified
stakeholders to identify existing grant and loan resources that could be made available to
commercial property owners where code enforcement activities are occurring.
For Approaches 1 and 2 to be successful, ultimately there may be a need to commit
capital funding that the City can make available to incentivize property owners to
reinvest in their property. The City could work with existing organizations (WR2020 or
WRBA) to develop a program and criteria for the use of these financial resources.
RECOMMENDATION
Proactive nuisance code education and enforcement efforts are critical elements in addressing
property decline, and in preserving sound neighborhoods and vibrant commercial corridors.
When used proactively, nuisance code enforcement can assist in identifying, halting and
reversing property decline and quality of life. Staff recommends moving forward with
Approaches 1 and 2 for 2015. These approaches allow the City to be flexible and focus on
problem-areas in specific neighborhoods and commercial areas. This plan gives staff the
opportunity to assess challenges and opportunities from this approach, gather data and provide
City Council with infonnation necessary to make decisions on a more comprehensive approach
as envisioned in the neighborhood/commercial area revitalization program (Approach 3) for
2016 and beyond. Staff from Community Development, the Police Department, and Public
Works will meet monthly to discuss strategies and outcomes from Approaches 1 and 2, as well
as identify priority issues, and develop responses to address these issues. Lastly, staff would
provide City Council infom1ation on an annual basis regarding the outcomes of these strategic
approaches, and recommendations for changes or additions to this program annually.
Staff also recognizes that City Council may have specific policy issues, or issues they would like
to see addressed, in this approach. Staff requests additional Council direction as to which types
of commercial code enforcement issues are of the highest priority, such as landscape
maintenance, signs, storage containers, trash dumpster enclosures, parking lot maintenance, or
others. Lastly, staff will continue to look at right-of-way maintenance and stonnwater issues as
they apply to broader code enforcement issues.
DB /ck
Attachments:
August 8, City Council Staff Report
~A~
, ... J r-City of •
:rwheat:Rt__dge
ITEMNO:__l_f_.
DATE: January 26 , 2015
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPROVE THE PURCHASE OF FIVE
VEffiCLE REPLACEMENTS, ONE ADDITIONAL
VEHICLE, AND THE PURCHASE AND INSTALLATION OF
LIGHTING AND AUXILIARY AND COMMUNICATIONS
EQUIPMENT IN A TOTAL AMOUNT NOT TO EXCEED
$248,411
0 PUBLIC HEARING
(g] BIDS/MOTIONS
D RESOLUTIONS
D ORDINANCES FOR 1ST READING
0 ORDINANCES FOR 2N° READING
QUASI-JUDICIAL: D YES
Pu ~
ISSUE:
Staff recommends the purchase ofthe following vehicles under the State of Colorado
price agreements:
Three 2015 marked Ford Police I11terceptor utility vehicles
One 2015 small , Chevrolet, extended cab 4x2 pickup
One 2015 Ford Fusion hybrid sedan
One 2015 large, Ford extended cab , 4x4 pickup with plow package
Total Cost:
$31 ,992 /ea.
$20,066/ea.
$23 , 189 /ea.
$32 , 180/ea .
$171 ,411
Staff also requests approval to purchase, install and/or relocate auxiliary equipment
required for the operation of the replacement vehicles along with the installation of
lighting, markings and communication equipment at a total cost of$77,000 . The total
cost of the vehicles, including preparation for use is not to exceed $248 ,411 .
Coun cil Action Form-2015 Vehicle Repl acements
Janu ary 26, 2 015
Page 2
PRIOR ACTION:
None
FINANCIAL IMPACT:
The funds for these purchases are budgeted in the 2015 Public Works Department General Fund
Budget, Account Number 01-303-800-807 , Fleet Replacement. A supplemental budget
appropriation in the amount of$35 ,000 is on the January 26111 Council agenda for approval for
the new Community Services Division 4x2 pickup .
BACKGROUND:
The annual review ofthe City's fleet ofvehicles and equipment identified 31 vehicles and 10
pieces of equipment that should be replaced. The City vehicle and replacement policy, revised by
the City Council in 2011 , was utilized to detennine replacement eligibility. This policy
essentially provides replacement guidelines that consider long-term effective service life and
costs for budgeting purposes. Among the guidelines considered are high/rising maintenance and
repair costs , operating costs , excessive down-time of equipment, parts or service no longer
available, poor utilization , updated legal considerations, etc.
Financial restraints have limited the budget dedicated to vehicle and equipment replacement for
several years and each year un-funded vehicle requests have grown. This year five vehicles are
programmed for replacement as approved in the 2015 budget. One vehicle is a new addition to
the fleet , as authorized recently by the City Council for code enforcement needs. This leaves
approximately $3 million in high mileage or outdated vehicles and equipment in the fleet.
Vehicle repairs , maintenance and down time are expected to increase as the fleet ages.
REC O MMEN DATI O NS :
The vendor source and purchase price of equipment is through the State of Colorado purchasing
contract which allows the City to attain the equipment at the best price and in accordance with
bid/purchasing requirements. Staff recommends the purchase of the following vehicles this year :
I. Three new 2015 , mid-size, marked , all-wheel drive, Ford Interceptor utility vehicles will
be purchased from Sill-Terhar Motors of Broomfield, Colorado , to replace units 52 , 86
and 88 , three high-mileage Ford Crown Victoria sedans used by the Patrol Division of the
Police Department.
2. One new 2015 4x2, extended cab Chevrolet Colorado small pickup will be purchased
from Dellenbach Motors ofFort Collins, Colorado as a new addition to the fleet to be
used by the Community Services Division of the Police Department.
3. One new 2015 mid-size, hybrid , Ford Fusion sedan will be purchased from Spradley Barr
Ford Lincoln Mercury of Golden , Colorado , to replace unit I 01 , a high-mileage Ford
Crown Victoria sedan used in the Investigations Division of the Police Department.
Council Action Fonn-2015 Vehicle Replacements
January 26, 2015
Page 3
4. One new 2015 large, heavy duty, 4x4, extended cab , F-250 Ford pickup with a plow
package will be purchased from Korf Continental of Julesburg, Colorado , to replace unit
367 , a high-mileage, 4x2 Chevrolet S-10 pickup , used in the Maintenance Division ofthe
Parks and Recreation Department.
RECOMMENDED MOTION:
"I move to approve the purchase of five vehicle replacements , one additional vehicle, and the
purchase and installation of lighting and auxiliary and communications equipment in a total
amount not to exceed $248 ,411."
Or,
"I move to deny the approval of the five vehicle replacements , one additional vehicle, and the
purchase and installation of lighting and auxiliary and communications equipment for the
following reason(s): "
REPORT PREPARED/REVIEWED BY:
Greg Knudson, Operations Manager
Scott Brink, Public Works Director
Jennifer Nellis , Purchasing Agent
Patrick Goff, City Manager
Council Action Form -Renewal of the WRTV8 Bulletin Board Software
January 26, 2 015
Page2
BACKGROUND:
The WRTV8 Community Bulletin Board is an essential communication tool and provides timely
and useful information to citizens about City services and programs. The City contracts with
Symon Communications, Inc. to provide the software. In order to continue to provide the
Community Bulletin Board on WRTV8 , staff is requesting approval of a supplemental budget
appropriation in the amount of $20 ,256 . The supplemental budget appropriation consists of
transferring a total of $20 ,256 in revenues from the general fund designated reserves. The
contract renewal is required because Symon Communication's existing support contract expired
on December 31 , 2014 .
The City holds ten licenses utilized by the following departments: Police, Community
Development , City Manager's Office, Public Works , and Parks and Recreation (both the
Recreation Center and Active Adult Center), Administrative Services and Public Works
Operations.
The Community Bulletin Board exists to promote City services and programs. Additionally, per
the City's Channel 8 Policy, the bulletin board system can be used to promote non-profit
programs and services. The bulletin board cannot be used for business promotions or by for-
profit organizations.
Per the City 's franchise agreement with Comcast, PEG fee revenues may only be utilized to
support equipment , software and maintenance associated with the operation ofWRTV8. PEG
fee revenues cannot be co-mingled with other general fund revenues and the purpose of the
funding is solely to support WRTV8 operations (not to include staff salaries or the purchase of
programming). The current balance of available PEG fee funds is $192 ,723. This total does not
reflect the 2014 fourth quarter estimated PEG fee payment of $10 ,100. Revenues have averaged
approximately $42 ,000 per year. The estimated remaining balance for January 2015 is $182 ,567.
RECOMMENDATIONS:
Staff recommends that City Council approve the supplemental budget request. Funding for the
contract renewal for three additional years is not budgeted in the General Operating Budget since
PEG fee funding can be utilized for this WRTV8 service.
RECOMMENDED MOTION:
"I move to approve Resolution No. 02-2015 , a resolution amending the fiscal year 2015 general
fund budget to reflect the approval of a supplemental budget appropriation in the amount of
$20 ,256 for the renewal of the 2015 contract to support the WRTV8 Community Bulletin Board
software."
Or,
"I move to postpone indefinitely Resolution No. 02-2015 , a resolution amending the fiscal year
2015 general fund budget to reflect the approval of a supplemental budget appropriation in the
Council Action Form -Renewal of the WRTV8 Bulletin Board Software
January 26 , 2015
Page 3
amount of $20,256 for the renewal of the 2015 contract to support the WRTV8 Community
Bulletin Board software for the following reason(s) "
REPORT PREPARED BY:
Heather Geyer, Administrative Services Director/PIO
Michael Steinke, IT Manager
Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution No. 02-2015
2. Symon Annual System Renewal Quote 40407
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 02
Series of 2015
TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2015
GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A
SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT
OF $20,256 FOR THE RENEWAL OF THE 2015 CONTRACT TO
SUPPORT THE WRTV8 COMMUNITY BULLETIN BOARD
SOFTWARE
WHEREAS, the City Council recognizes the Channel 8 Community Bulletin
Board as an important communication tool in informing the community about City
programming and services; and
WHEREAS, the use of Public Education Government (PEG) Fees can only be
utilized for equipment, software and maintenance needed for operating Channel 8; and
WHEREAS, the Wheat Ridge Charter requires that amendments to the budget
be effected by the City Council adopting a Resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Wheat Ridge, Colorado, as follows:
A. The City Council authorizes the contract renewal and three additional
licenses of the Community Bulletin Board software.
B. The City Council authorizes the transfer of $20,256 from the general fund
undesignated reserves to account number 01-111-700-755 and amending
the 2015 fiscal year budget accordingly.
DONE AND RESOLVED this 26th day of January 2015.
Joyce Jay, Mayor
ATTEST:
Janelle Shaver, City Clerk
Attachment 1
Council Action Form-Investment Policy Changes
January 26 , 2015
Page2
• Page 3 -Corporate Debt -change five years to three years
• Page 3-Commercial Paper -addition ofF I (definition below). This is a short-term
national credit rating.
"Indicates the strongest capacity for timely pay ment of financial commitments relative
to other issuers or obligations in th e same country. Under the agency 's National Rating
scale, this rating is assigned to the lowest default risk relative to others in the same
country. Where the liquidity profile is particularly strong, a "+"is added to the
assigned rating. "
• Page 4 -Bonds-this section has been revised to recognize general and revenue
obligation bonding authority.
• Page 5 -Money Markets and Investment Pools -addition of the requirement that the
fund has assets of one billion dollars or more.
• Page 5 -Certificates of Deposit/Bank Deposits/Savings Accounts -revisions to this
section recognize two specific investment types: non-negotiable certificates of deposit
and negotiable certificates of deposit.
Overall the proposed changes are administrative in nature and seek to clarify provisions in the
current plan. All of the proposed changes conform with applicable state and federal laws .
RECOMMENDATIONS:
It is recommended that Council pass this resolut ion. If the revised policy is not approved ,
existing policy will remain in effect. The proposed changes were reviewed and approved by
the City Investment Committee.
RECOMMENDED MOTION:
"I move to approve Resolution No. 01-2015 , a resolution adopting the proposed changes to the City
ofWheat Ridge Investment Policy."
Or,
"I move to postpone indefinitely Resolution No . 01-2015 , a resolution adopting the proposed
changes to the City of Wheat Ridge Investment Policy for the following reason(s)
"
REPORT PREPARED/REVIEWED BY:
Larry Schulz, City Treasurer
Heather Geyer, Administrative Services Director
Patrick Goff, City Manager
ATTACHMENTS:
I. Resolution No. 01-2015
2. Current Investment Policy with redline of the proposed changes
3. Proposed In vestment Policy without redline changes
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 01
Series of 2015
TITLE: A RESOLUTION ADOPTING CHANGES TO THE CITY OF WHEAT
RIDGE INVESTMENT POLICY
WHEREAS, Section 3.10 of the City Charter authorizes the City Treasurer to
invest all City monies as directed by City Council; and
WHEREAS, The Government Finance Officers ' Association has provided
recommended practices for government investing; and
WHEREAS, The City Treasurer has recommended that City Council adopt those
recommended practices in a revised Investment Policy.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat
Ridge, Colorado, as follows:
A. The revised City of Wheat Ridge Investment Policy is adopted by City
Council.
DONE AND RESOLVED THIS 26TH DAY OF January, 2015.
Joyce Jay, Mayor
ATIEST:
Janelle Shaver, City Clerk
Attachment 1
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.) Liqu idity
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.) Ret urn 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.
2
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 ~ .three ~ears 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,...£L 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 .
3
Fonnatted: Strikethrough
Formatted: Underline
Fonnatted: Underline
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 no less than 1 ~.2% of the funds invested
in the transaction at inception, and not less than ~ ~of the funds
invested during its life . Securities collateralizing such transactions shall be
delivered to the purchaser or their securities' custodian.
Bonds (General and Revenue Obligation debt)
GeReral OeligatiaRs af aRy state af tl:le b1Rite8 States , tl:le !;)istFict af (ai~:~FAeia , ar aRy•
territaFial j!lassessiaR af tl:le b1Rite8 States ar af aR·; j!lalitical s~:~esi·~isiaR, iRstit~:~tiaR ,
8ej!lartFAeRt , ageRE'f, iRstr~:~FAeRtality , ar a~:~tl:larit'; af aR't' s~:~cl:! gaverRFAeRtal eRtities . ~Ia
sec~:~rity FAa'; ee J!~:~rcl:!ase8 Jli:IFSbtaRt ta tl:!is JlaragraJ!I:! ~:~Riess, at tl:!e tiFAe af J31:1FERase, tl:le
sec~:~rity is rates iR aRe af tl:!e .tl:!ree l:!igl:!est ratiRg categaries ey .aRy RatiaRall~· recagRize8
argaRizatiaR tl:!at reg~:~larl•; ~SI:IEI:! aeligatiaRS .
General and Revenue Obligations of this state or of any political subdivision,•
institution. department. agency . instrumentality. or authority of this state .
No general obl igation or revenue security may be purchased pursuant to•
this paragraph unless. at the time of purchase. the security carries at least two
credit ratings at or above "A" or its equivalent from nationally recognized
statistical rating organizations .
No security That is a general or revenue obligation of The United States.
another 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 may be purchased pursuant to this paragraph unless. at the time of
purchase . the security carries at least two credit ratings at or above "AA" or its
equivalent from nat ionally recognized statistical rating organizations .
The period from the date of settlement of these securities to the date to
its maturity date is no more than five years unless the governing body authorizes
a longer investment period .
<iiwaraRteed IR'>'estFAeRt teRtraGts {<iilts)
Gl(s af 8aFAestically reg~:~late8 iRs~:~raRce caFAJ3aRies l:!aviRg a claiFAs j!layiRg
aeilit·; ratiRg AA ar its efl~:~ivaleAt ey aA)' AatiaAally recagAize8 cresit ratiAg
ageRcies.
Money Markets and Investment Pools
4
~ Formatted: Strikethrough
Formatted: Underline
-{ Formatted: Normal , No bullets or numbering
Formatted: Strikethrough
Formatted: Strikethrough
Formatted: Underl ine , Strikethrough
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Formatted: Indent: Left : 1 ", First line : 0.5''
Formatted: Indent : Left : 1", First line : 0.5"
Formatted: Indent: Left : 1"
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 and
the fund has assets of one billion dollars or more .•
Certificates of Deposit/Bank Deposits/Savings Accounts
Time deposit open accounts, certificates ef eleJ3esits 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 .
Non -Negotiable fertificates of Deposit (CD) with a maturity not•
exceeding five years in any FDIC insured state or national bank located in \
Colorado that is an eligible public depository as defined in C.R .S. 11 -10.5-103 .
Certificates of depos it that exceed FDIC insurance limits shall be collateralized as
required by the Public Deposit Protection Act .•
Negotiable Certificates of Deposit (NCO's) authorized under CRS 24 -75 .... ,
601.1 with an opinion provided by The Colorado Division of Securities, with a
maturity not to exceed five years and principal investment (plus one • year's ""'
accrued interest) not to exceed the FDIC insured limit at the time of purchase .
Negotiable Certificates of Depos it exceeding the FDIC insured amount shall be
collateralized in accordance with the Colorado Public Deposit Act
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 .
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
5
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Red
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underline, Font color : Red
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No bullets or numbering
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bullets or numbering
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No bullets or numbering
Formatted: Font: (Default) +Body (Calibri), No
underline, Font color : Red
Formatted: Font: +Body (Calibri), Font color :
Red
Formatted: Left, Indent: Left t:_
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 unt il maturity;
however, from time to ti me , 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 pol icy .
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 subm itted
to City Counc il.
Additionally, an Investment Advisory Committee, which will consist of the Investment Officer,
the City Manager, Administrative Services Director, and a member from the community,
appointed by the Investment Officer, that possesses expertise with in the banking/finance
industry. The Investment Officer will serve as chair of the Investment Committee and will
6
coordinate quarterly meetings 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.
7
Adopted: January 28, 2013
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:
1
Attachment 3
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.
2
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 ofthe 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 three 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, Fl, 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.
3
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 no less than 105% of the funds invested in the
transaction at inception, and not less than 102% of the funds invested during its
life . Securities collateralizing such transactions shall be delivered to the
purchaser or their securities' custodian.
Bonds (General and Revenue Obligation debt)
General and Revenue Obligations of this state or of any political subdivision,
institution, department, agency, instrumentality, or authority of this state.
No general obligation or revenue security may be purchased pursuant to this
paragraph unless, at the time of purchase, the security carries at least two credit
ratings at or above "A" or its equivalent from nationally recognized statistical
rating organizations .
No security That is a general or revenue obligation of The United States, another
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 may be
purchased pursuant to this paragraph unless, at the time of purchase, the
security carries at least two credit ratings at or above "AA" or its equivalent from
nationally recognized statistical rating organizations .
The period from the date of settlement of these securities to the date to its
maturity date is no more than five years unless the governing body authorizes a
longer investment period .
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 and
the fund has assets of one billion dollars or more.
Certificates of Deposit/Bank Deposits/Savings Accounts
Time deposit open accounts 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 .
4
Non-Negotiable Certificates of Deposit (CD) with a maturity not exceeding five
years in any FDIC insured state or national bank located in Colorado that is an
eligible public depository as defined in C.R.S. 11-10.5-103. Certificates of deposit
that exceed FDIC insurance limits shall be collateralized as required by the Public
Deposit Protection Act.
Negotiable Certificates of Deposit (NCO's) authorized under CRS 24-75-601.1
with an opinion provided by The Colorado Division of Securities, with a maturity
not to exceed five years and principal investment (plus one year's accrued
interest) not to exceed the FDIC insured limit at the time of purchase. Negotiable
Certificates of Deposit exceeding the FDIC insured amount shall be collateralized
in accordance with the Colorado Public Deposit Act
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.
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.
5
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.
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 Investment Officer,
the City Manager, Administrative Services Director, and a member from the community,
appointed by the Investment Officer, that possesses expertise within the banking/finance
industry. The Investment Officer will serve as chair of the Investment Committee and will
coordinate quarterly meetings 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.
6
Council Action Fonn -Renewal of Logistic Systems Support
January 26, 2015
Page 2
annual renewal of licensing and support will cost $85,993 which was approved in the 2015
Budget. This package is all inclusive for licensing and technical support services. It
includes software upgrades, bug fixes and patches, and technical support to implement
software enhancements and fixes. The continued renewal of the annual licensing and
support contract is necessary to maintain CAD, RMS and LFR software, and keep it
updated.
RECOMMENDATIONS:
Staff recommends approval of the annual renewal for the computer aided dispatch and records
management system.
RECOMMENDED MOTION:
"I move to approve the annual renewal of licensing and support for the computer aided dispatch
and records management system in the amount of $85,993 payable to Logistic Systems, Inc."
Or,
"I move to deny approval of the renewal of licensing and support for the computer aided dispatch
and records management system for the following reason(s) "
REPORT PREPARED AND REVIEWED BY:
Michael Steinke, IT Manager
Heather Geyer, Administrative Services Director
Patrick Goff, City Manager
ATTACHMENTS:
I. Logistic Systems Invoice# 022255
LOGISTIC SYSTEMS , INC.
3000 PALMER ST
MISSOULA , ~T 59808
.. I N V 0 I C E *
Sold WHEAT RIDGE (CITY OF) PO
To : ATTN : MIKE STEINK E
7500 W 29TH AVE
WHEAT RIDGE , CO
80033
Ship Via.:
Ship Da~e : 01/01/15
Due Date.: 01/01/15
Terms .... : RECEIPT
Docume nt Number : 022255
Document Date : 01/01/15
Pa ge : 2
Ship msteinke
To : @ci .wh eat r idge.co . us
Cust I . D ..... : WHE ATP
P.O. Number . . :
P.O. Da te .... : 01/01/15
Job/Order No . :
Salesperson .. :
Item I . D./Desc. Ordered Shipped Onit Price
LFR ACCIDENT MODULE
INTERFACE TO DYNAMIC IMAGING MUGSHOT
SOLUTION
INTERFACE UTILITY FOR PD MAGIC
NORTHSTAR ADVANCED
LOGISYS CADTRAK SOFTWARE
MODIFICATIONS TO THE CASE MANAGEMENT
MODULE
PlCTOMETRY INTERFACE
2015 LICENSE AND MAINTENANCE FEES
1 .70% CPI ADJ
Send billing error notice within (6Q} days of
inv date to a_steele@edulog. com , ( 4 06) 728-0921
X-3123 . Service charges at 12% annually will
accrue on past due accounts .
Attachment 1
Subtotal :
Tax ..... :
Total ... :
Net TX
1691. 00 E
370 .00 E
738 .00 E
5171 .00 E
3040 .00 E
3864.00 E
1421 .00 E
0.00 E
85993 .00
0.00
85993 .00
LOGISTIC SYSTEMS, INC.
3000 PALMER ST
MISSOULA, MT 59808
Sold WHEAT RIDGE (CITY OF) PD
To: ATTN: MIKE STEINKE
7500 W 29TH AVE
\~HEAT RIDGE, CO
80033
Ship Via. :
Ship Date: 01/01/15
Due Date.: 01/01/15
Terms .... : RECEIPT
*********** ***
* * I N V 0 ! C E * ..
Document Number : 022255
Document Date: 01/01/15
Page: 1
Ship mst:einke
To : @ci.wheatridge .co.us
Cust I .D ..... : WHEATP
P.O. Number .. :
P.O. Date .... : 01/01/15
Job/Order No . :
Salesperson .. :
*
Item I . D./Desc . Ordered Shipped Unit: Price Net TX
LOGISYS FIRSTCALL CAD SYSTEM
E911 ANI/ALI INTERfACE
SPECTRACOM NETCLOCK INTERfACE
CCIC/NCIC INTERfACE
MOBILE COMPUTING INTERFACE
~OGISYS DATATRAK RECORD MANAGEMENT SYST
RMS TO JUVENILE DEfENDER SYSTEM
RMS TO COURT INTERFACE
LOGISYS FIELD REPORTING SOFTWARE
NORTHSTAR CAD
Subtotal:
14 385.00 E
1214.00 E
640.00 E
640 .00 E
2556.00 E
31698.00 E
1187.00 E
934.00 E
12724.00 E
3720 . 00 E
Continued ....
69698.00
Council Action Fonn -Reimbursement of funding to Jefferson County for the Foothills Animal
Shelter Facility
January 26, 2015
Page2
square feet and approximately three times the size of the fonner Table Mountain building. In
2009, the cities of Arvada, Golden, Lakewood, Westminster, and Jefferson County entered into a
Facilities Funding IGA.
The cost to construct the facility was approximately $9.7 million of which $5.2 million was
issued in bonds, $3 million was contributed by Jefferson County and an additional $1.5 million
was contributed by Jefferson County as a loan to the former FAS Foundation. The bonds are
cuiTently being paid back from annual assessments from each of the cities and the county. The
F AS Foundation was to repay the loan within five years from private donations. lf the loan was
not repaid within this timeframe the parties to the 2012 IGA would be responsible for the
remaining balance pursuant to Part 3, Section II, C of the IGA:
"Section J.D. of the Facility Funding IGA shall be amended to provide that thefinal
payment on the remaining balance is due on January 1, 2015 and shall be divided
equally between Arvada, Lakewood, Wheat Ridge, Golden and Westminster. The
municipal parties shall make their final payments to the County no later than January 31,
2015 ... "
Per the IGA, the balance owed will be split among the entities. The remaining balance owed to
Jefferson County is $895,858.89 as shown in Attachment 1. A copy of the 2012 IGA is included
as Attachment 2.
R EC O MMEN DAT IO NS :
Staff recommends that City Council approve the payment of$179, 172 to Jefferson County for
the capital reimbursement on the Foothills Animal Shelter Facility.
R EC O MMEN DED MO TI ON:
"I move to approve the $179,172 payment to Jefferson County for the reimbursement of funding
for the Foothills Animal Shelter Facility."
Or,
"l move to deny approval of the $179,172 payment to Jefferson County for the reimbursement of
funding for the Foothills Animal Shelter Facility the following reason(s):
"
REP ORT PR EPA RED/REVIEWED B Y:
Heather Geyer, Administrative Services Director
Patrick Goff, City Manager
ATTACHMENTS :
1) Jefferson County Capital Reimbursement Financial Summary
2) 2012 lntergovemmental Agreement (JGA)
INTERGOVERNMENTAL AGREEMENT
BETWEEN JEFFERSON COUNTY. THE CITY OF ARVADA. THE CITY OF
LAKEWOOD. THE CITY OF WHEAT RIDGE. THE CITY OF GOLDEN AND
THE CITY OF WESTMINSTER
ANIMAL SHEL TERIDOG LICENSING /FUNDING
THIS AGREEMENT, dated for reference purposes only this 15th day of August, 2012,
is made and entered into by and between the COUNTY OF JEFFERSON, STATE OF
COLORADO, a body politic and corporate (the "County"); the CITY OF ARVADA, a
municipal corporation ("Arvada"); the CITY OF LAKEWOOD, a municipal corporation
("Lakewood"); the CITY OF WHEAT RIDGE, a municipal corporation ("Wheat Ridge"); and
the CITY OF GOLDEN, a municipal corporation ("Golden"); and the CITY OF
WESTMINSTER, a municipal corporation ("Westminster").
WITNESSETH
WHEREAS, C.R.S. Section 30-15-101 (1) authorizes the board of county commissioners
of each county to establish an animal holding facility and engage personnel to operate it, provide
for the impoundment of animals, and to establish terms and conditions for the release or other
disposition of impounded animals; and
WHEREAS, C.R.S. Section 30-15-101{2) authorizes counties and municipalities to enter
into an intergovernmental agreement to provide for the control, licensing, impounding, or
disposition of pet animals or to provide for the accomplishment of any other aspect of a county
or municipal dog control or pet animal control licensing resolution or ordinance; and
WHEREAS, C.R.S. Section 31-15-40l(m)(l) authorizes municipalities to regulate and
control animals within the municipality including, but not limited to, licensing, impoundment,
and disposition of impounded animals; and
WHEREAS, Part 2 of Article 1 of Title 29, C.R.S. permits and encourages governments
to make the most efficient and effective use of their powers and responsibilities by cooperating
and contracting with other governments; and
WHEREAS, Part 2 of Article I of Title 29, C.R.S. authorizes governments to contract
with one another to provide any function, service, or facility lawfully authorized to each of the
contracting units through the establishment of a separate legal entity; and
WHEREAS, pursuant to C.R.S. Section 30-11-107(1) the parties are authorized to enter
into agreements for the joint use and occupation of public buildings; and
WHEREAS, some of the parties entered into an Intergovernmental Agreement forming
the separate legal entity called the Jefferson Animal Shelter on March 15, 1975 and this
Intergovernmental Agreement was amended several times to modify the terms and add parties to
the agreement; and
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Attachment 2
WHEREAS, the Towns of Morrison and Mountain View are no longer participating in
the operation or funding of the Jefferson Animal Shelter; and
WHEREAS, the parties entered into an Intergovernmental Agreement creating a County-
Wide Dog Licensing Program ("Dog Licensing Program") which provided that the revenue
from the Dog Licensing Program would be used to construct a new animal shelter facility due to
the deterioration of the prior facility; and
WHEREAS, the County funded the construction of a new animal shelter facility
("Facility") by 1) issuing Certificates of Participation ("COPs") which included the amount of
5.2 million dollars for construction of the Animal Shelter Facility; 2) contributing 3 million
dollars; and 3) contributing an additional 1.5 million dollars pursuant to the terms of an
Intergovernmental Agreement between some of the parties (the "Facility Funding IGA") which
provided that the participating cities would repay the County (unless the County is repaid by the
Foothills Animal Foundation )at the end of a five year period ending on January I, 2015; and
WHEREAS, the parties desire to amend the prior agreements for formation of the
Shelter and the Dog Licensing Program to provide for the parties to no longer pay annual
assessments for the operation of the Shelter, to instead use the revenue from the Dog Licensing
Program for the operation of the Shelter and to provide for repayment of the COPs and the $1.5
million dollar contribution; and
WHEREAS, the parties agree that each party and its residents should contribute toward
the funding for the cost of capital construction of the Facility and the operation of a central
animal shelter in equal proportion to the estimated number of dogs in their jurisdiction; and
WHEREAS, it continues to be in the best interest of all of the above-referenced parties
to participate in the organization, administration, and common use of a central animal shelter and
to amend the prior agreements for continued operation of the central animal shelter and the Dog
Licensing Program and the Facility Funding IGA as set forth herein; and
WHEREAS, the City of Edgewater ("Edgewater") may desire to become a party to this
Agreement after adoption of a dog licensing ordinance in compliance with the terms of this
Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and agreement of the
parties hereinafter contained, the receipt and sufficiency of which are hereby confessed, it is
understood and agreed as follows:
PART 1. FOOTHILLS ANIMAL SHELTER FORMATION AND OPERATION
I. GENERAL PROVISIONS
A. ESTABLISHMENT OF FOOTHILLS ANIMAL SHELTER. The parties
previously established a separate legal entity called the Jefferson Animal Shelter and then
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renamed the entity the Table Mountain Animal Center. The parties hereby reaffinn the
establishment of the separate legal entity which shall be known as the "Foothills Animal Shelter"
(the "Shelter'') and which shall be responsible for the administration and operation of the animal
shelter and the Facility.
B. LEASE OF SHELTER. The Shelter entered into a lease with the County for the
new Facility located at 580 Mcintyre Street, Golden CO 80401 pursuant to a Lease Agreement
effective on August 9, 20 I 0 (the "Lease Agreement"). The Shelter, for the purpose of,
organizing, administering, and operating the central animal facility on the land so leased, will
improve, maintain, and operate the Facility as provided herein and as provided in the Lease
Agreement.
II. POWERS OF THE SHELTER
A. GENERAL POWERS. The parties hereto agree the Shelter shall be empowered
with the authority to improve, construct, maintain, repair, control, regulate, and operate the
Facility within Jefferson County, Colorado, as a complete animal shelter for the use and benefit
of the parties to this Agreement and their constituents.
B. POWER TO SHELTER ANIMALS AND PROVIDE EDUCATIONAL
PROGRAMS. The principal purposes ofthe Shelter are (l) to retain in temporary custody and to
provide for the subsequent adoption or disposition of animals taken into possession by the
respective governing bodies or animals tendered to the Shelter by residents of the respective
governing bodies, and (2) to provide educational, volunteer and related programs to individuals
and the community to promote responsible pet ownership. As used herein, the term "animals"
shall include, but is not necessarily limited to, dogs, cats, cattle, horses, and all other domestic or
wild animals of any kind or description.
C. The Shelter shall have the power to contract with other governing bodies who are
not parties to this Agreement to provide the same temporary custody, adoption or disposition
services provided for the parties.
D. POWER TO ESTABLISH CLINICS FOR ANIMAL WELFARE PURPOSES.
In addition to providing temporary custody for said animals, the Shelter shall have the authority
to establish a clinic for the purpose of spaying and neutering animals, or any other animal
welfare related purposes as deemed appropriate by the governing Board of Directors (the
"Shelter Board").
E. POWER TO MAKE CONTRACTS, HIRE, AND FIRE. The parties hereto
further agree the Shelter shall have the authority to contract and purchase all necessary supplies,
equipment, materials, and services, including professional services, and further to hire and
discharge employees as deemed necessary to operate the Shelter.
F. POWER TO SET FEES. The fees to be charged for services shall be established
by the Shelter Board, shall be unifonn and reasonable, and shall supersede any fees previously
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established by the respective governmental bodies. Fees for services provided to governing
bodies who are not parties to this Agreement and their residents shall be set by the Shelter Board
and shall be set to include the costs for operation and maintenance of the Shelter and capital
costs ofthe Facility.
G. POWER TO LEASE PROPERTY. The parties hereto agree the Shelter is
empowered to negotiate and enter into a lease of the Facility which is suitable for an animal
facility and additional property if necessary.
III. BOARD OF DIRECTORS
A. POWERS. All powers, privileges and duties vested in the Shelter shall be
exercised and performed by and through the Shelter Board. Only parties to this Agreement shall
be entitled to appoint a Director to serve on the Shelter Board.
B. APPOINTMENTS. Each party shall designate and appoint one Director to serve
on the Shelter board. Each Director shall be in regular attendance and participate in Shelter
meetings and activities. Each Director shall serve in accordance with the terms and conditions
set forth by the party that appointed the Director. Each party may also appoint an alternate board
member. The current Directors for the existing animal shelter appointed by the parties shall
continue to serve as Directors on the Foothills Animal Shelter Board after execution of this
Agreement unless any Director is removed by the party who appointed the Director.
C. ELECTION OF OFFICERS. At the annual meeting of the Shelter Board, the
Shelter Board shall elect from its membership a President, a Vice President (and President pro
tern), a Secretary and a Treasurer, who will assume their office at the annual meeting. These
officers shall serve until their successors have been elected. The officers shall be elected by an
affirmative vote of at least a majority of the Shelter Board.
D. BYLAWS AND POLICIES AND PROCEDURES. The Shelter Board shall have
the power to promulgate bylaws and policies and procedures which shall establish the
organizational rules and policies and procedures for the management and operation of the
Shelter.
IV. CAPITAL IMPROVEMENT FUND
The Shelter shall establish a capital improvement fund equal to a minimum of Five
Hundred Thousand Dollars ($500,000) ("Minimum Threshold") using the surplus revenues
generated by either the operation of the Shelter or the Dog Licensing Program or by funds
transferred from the Foothills Animal Foundation, a Colorado non-profit corporation (the
"Foundation"). The uses to which said fund may be put include, but are not necessarily limited
to, replacement of capital equipment, procurement of new capital equipment, and improvement
or expansion of the Facility. If funds are used from the capital improvement fund, the capital
improvement fund shall be returned to the Minimum Threshold as soon as funds become
available but within no more than a two year period from the date the fund fell below the
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Minimum Threshold. The Shelter Board may adjust the Minimum Threshold above $500,000 on
an annual basis if approved by a two-thirds vote ofthe Directors. Any adjustment ofthe
Minimum Threshold below $500,000 shall only occur by amendment to this Agreement.
V. CONTINGENCY/EMERGENCY FUND ESTABLISHED
The Shelter shall establish a contingency/emergency fund with a minimum of three
months of operating expenses as calculated from the prior year ("Minimum Balance"). The
money for said fund may be generated from transfers from impoundment, boarding and adoption
fees, investment income, donations, grants or other incidental sources of revenue. Said
contingency fund shall be used to defray the costs of unanticipated operating expense shortfall.
If funds are used from the contingency emergency fund, the contingency/emergency fund shall
be returned to the Minimum Balance as soon as funds become available but within no more than
a two year period from the date the fund fell below the Minimum Balance.
VI. BUDGET
A. BUDGET PROCESS. Each year, the Shelter shall prepare a preliminary budget
and submit said budget to the Shelter Board. The budget shall contain detailed estimates of the
operating costs of the subsequent year. The preliminary budget shall be approved by the Shelter
Board on or before September 30th of each year. The approved preliminary budget shall be
submitted to each of the governing bodies of the parties hereto as soon thereafter as possible.
B. The final budget shall then be approved by the Shelter Board and certified by the
secretary and treasurer of the Shelter Board. A fmal budget shall be submitted to each of the
governing bodies of the parties no later than December 15th of each year that this Agreement is
in effect.
VII. FUNDS AND OPERATIONS
A. DESIGNATION OF FUNDS. The Shelter and parties agree that the various
monies paid to the Shelter from the Dog Licensing Program or any other source, and any monies
generated by the Shelter, shall be placed into a designated fund, and any expenses incurred by
reason of operation of the Shelter shall be paid from said fund.
B. CHOICE OF DEPOSITORY. All monies belonging to the Shelter or designated
for use by the Shelter shall be deposited in the name and to the credit of the Shelter with such
depositories as the Shelter shall from time to time designate.
C. DISBURSEMENT OF FUNDS. The Shelter Board will establish a written policy
for the internal control and monitoring of the expenditure of funds by the Shelter and the type or
method of payment used by the Shelter. The written policy established by the Shelter Board
shall ensure that the Shelter Board is able to monitor all expenditures by the Shelter.
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D. FISCAL RESPONSIBILITY. The Shelter shall not borrow money nor shall it
approve any claims or incur any obligations for expenditures unless there is sufficient
unencumbered cash in the appropriate fund, credited to the Shelter, with which to pay the same.
The provisions and terms set forth in Part 3 of this Agreement shall not be considered debt of the
Shelter.
VIII. BOOKS AND RECORDS
A. RECORD KEEPING. The Shelter shall maintain adequate and correct accounts
of its funds, properties, and business transactions, which accounts shall be open to inspection at
any reasonable time by the parties hereto, their attorneys, or their agents.
B. ANNUAL AUDIT. The Shelter shall cause to be conducted an annual audit
within 90 days after the end of the ftscal year. The Shelter ftscal year shall be from January 151 to
December 31 51
• Such audit shall be conducted by an independent certified public accountant,
registered accountant, or partnership, or certified public accountants, or registered accountants
licensed to practice in the State of Colorado. The Shelter shall tender a copy of said audit to the
governing bodies of the respective parties hereto.
IX. REPORTS
A. ANNUAL REPORT. By June 151 of each year the Shelter shall prepare a
comprehensive annual report of the Shelter's activities and fmances during the preceding year
and tender a copy of the annual report to the governing bodies of the respective parties hereto.
B. REPORTS REQUIRED BY LAW, REGULATION OR CONTRACT. The
Shelter shall also prepare and present such reports as may be required by law, regulation, or
contract to any authorized federal, state, and/or local officials to whom such report is required to
be made in the course and operation of the Shelter.
C. REPORTS REQUESTED BY THE PARTIES. The Shelter shall also render to
the parties hereto, at reasonable intervals, such reports and accountings as the parties hereto may
from time to time request.
PART 2. COUNTY WIDE LICENSING PROGRAM/FUNDING FOR SHELTER
I. COUNTY-WIDE LICENSING PROGRAM
A. ORDINANCE ADOPTION. Each party shall adopt or has already adopted an
ordinance which establishes a dog licensing program and penalties within its jurisdiction. The
dog licensing ordinances adopted by the parties shall be consistent with the County ordinance
concerning licensing of dogs and license fees; however, each party has discretion to adopt its
own penalties.
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B. ENFORCEMENT. Each party shall be responsible for enforcement of the
penalties for its dog licensing ordinance within their own jurisdiction. Each party agrees to
actively pursue enforcement of said ordinance.
C. LICENSING ADMINISTRATOR DEFINED. The Licensing Administrator is
the entity delegated the authority by the parties to issue licenses and collect fees for said dog
licenses on behalf of all parties.
D. DELEGATION OF AUTHORITY. The parties hereby have delegated authority
to the County to be the Licensing Administrator to issue licenses and collect fees for said dog
licenses on behalf of all parties. A new Licensing Administrator may be appointed by written
approval of the Shelter Board. If the Licensing Administrator appointed is not a party, the
Shelter Board shall enter into an agreement with the entity chosen to be the Licensing
Administrator to bind the new Licensing Administrator to the terms of this Agreement and any
other terms deemed necessary by the Shelter Board.
E. DOG LICENSES. The dog licenses shall all be identified as "County Dog
Licenses."
II. FUNDS AND OPERATIONS
A. DESIGNATION OF FUNDS. The Licensing Administrator agrees that all
monies paid to the Licensing Administrator for the licensing of dogs within the jurisdictions of
all parties, shall be placed into a designated fund (the "Dog Licensing Fund") except the funds
due to the Licensing Administrator as provided in Part 2, Article II, Section B and the funds
withdrawn or retained by the County pursuant to Part 2, Article II, Section C.
B. LICENSING ADMINISTRATOR'S ADMINISTRATIVE COSTS. On August
l 51 of each year this Agreement is in effect, the Licensing Administrator shall provide each party
with a statement of the Licensing Administrator's administrative costs directly attributable to the
operation of the Dog Licensing Program from July 151 through June 30th of each year, and the
projected administrative costs for the upcoming year. The Licensing Administrator shall retain
the amount of the Licensing Administrator's administrative costs from the Dog Licensing
Program revenue on a monthly basis. The Licensing Administrator shall be entitled to payment
for the cost of, at a maximum, two full time employees including salary, benefits and overhead.
The Licensing Administrator employee positions shall be Administrative Specialist I or II
positions as currently defined by the County or equivalent positions. Any future staffing needs,
beyond those currently listed above, require approval of the Shelter Board. The Licensing
Administrator shall also be entitled to the cost of tags, mailers (for new tags and renewals),
postage, printing, maintenance/updates of dog licensing software and miscellaneous office
supplies, and any other costs directly attributable to the operation of the Dog Licensing Program.
C. DISBURSEMENT OF FUNDS FOR 2012. The parties have each paid an
assessment to the Shelter for the 2012 Budget Year as a contribution to the operating costs and
capital improvement costs of the Shelter. The County, as the current Licensing Administrator
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shall withdraw funds from the Dog Licensing Fund to pay that portion of the debt service on the
COPs for 2012 attributable to the portion of those proceeds used to fund the construction of the
Facility. The County, as the current Licensing Administrator, shall retain funds in the Dog
Licensing Fund to pay the County's estimated administrative costs and expenses for acting as the
Licensing Administrator through December 31, 2012. The remainder of the funds in the Dog
Licensing Fund shall be paid over to the Shelter to be used first to meet the requirements for
funding the Capital Improvements Fund and Contingency/Emergency Fund and the remainder
shall be allocated as determined by the Shelter Board.
D. DISBURSEMENT OF FUNDS AFTER 2012. Except for the funds retained by
the Licensing Administrator each month for its administrative costs and expenses as provided in
Part 2, Article II, Section B, the funds contained in the Dog Licensin~ Fund shall be paid to the
Shelter by the Licensing Administrator on a monthly basis on the I 01 of the following month as
a contribution from the parties toward the operating costs of the Shelter or capital improvements
or maintenance costs of the Shelter as approved by the Shelter Board.
III. BOOKS AND RECORDS
RECORD KEEPING. The Licensing Administrator shall maintain adequate and correct
accounts of the funds, which accounts shall be open to inspection at any reasonable time by the
parties hereto, their attorneys, or their agents.
IV. REPORTS
A. DEFINITIONS.
1. Reporting Period shall mean the period between July 151 to June 30th of
each subsequent year.
2. Jurisdiction -The Jurisdiction of each party who is a city shall mean the
area within its municipal boundaries. For Westminster and Arvada Jurisdiction shall include the
area within their municipal boundaries that is within Adams County and Jefferson County. The
Jurisdiction for the County shall be the unincorporated area of the County.
3. Estimated Dog Population for a party shall mean:
a. the estimated percentage gf Colorado households harboring one or
more dogs, obtained from the most current data published by the
American Veterinary Medical Association (the "Source"); multiplied
by
b. the number of households in a party's Jurisdiction, as reported in the
most current publication by the State Demographer's Office;
multiplied by
c. the average number of dogs per household for each household with a
dog, obtained from the most current Source using the data for
Colorado.
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4. Compliance Rate shall mean the rate calculated by dividing
a. the number of licenses issued for dogs residing in a party's
Jurisdiction during a one year Reporting Period by
b. the Estimated Dog Population in each party's Jurisdiction for the
same Reporting Period.
B. ANNUAL REPORT. By August l 5t of each year, the Licensing Administrator shall
prepare and present to the Shelter Board an annual report of the number of dogs licensed during the
prior year in each party's Jurisdiction, the estimated household population of each party's
Jurisdiction as reported in the most current publication by the State Demographer's Office, the
Compliance Rate for each party's Jurisdiction and the funds collected during the prior year.
C. REPORTS REQUESTED BY THE PARTIES. The Licensing Administrator
shall also render to the parties hereto, at reasonable intervals, such reports and accountings as the
parties hereto may from time to time request.
V. REVIEW OF REVENUES AND JURISDICTION COMPLIANCE
A. REVIEW OF REVENUES AND COMPLIANCE BY JURISDICTION. If during
the reporting period ending June 30, 2012, there is less than twenty per cent (20%) compliance
by the residents in a party's Jurisdiction, the respective party shall pay to the Licensing
Administrator for placement in the Dog Licensing Fund an amount equal to the difference
between the funds that the Dog Licensing Fund would have received if there was twenty per cent
(20%) compliance at the spayed dog licensing rate and the amount of dog license fees actually
collected from the residents of that party's Jurisdiction.
The twenty percent (20%) Compliance Rates set forth above shall be defined as the
Minimum Compliance Rate for the reporting period ending June 30,2012. When the annual
report is distributed at the end of the next reporting period and every year thereafter, a new
Minimum Compliance Rate shall be set for the following year if the Minimum Compliance Rate
was exceeded by all the parties. If all the parties' Jurisdictions exceed the Minimum Compliance
Rate according to the annual report, the new Minimum Compliance Rate for the following year
shall be the Compliance Rate of the party with the lowest Compliance Rate. If any party's
Jurisdiction fails to meet the Minimum Compliance Rate set for a reporting period, the party
shall pay to the Licensing Administrator for placement in the Dog Licensing Fund an amount
equal to the difference between the funds that the Dog Licensing Fund would have received if
the Minimum Compliance Rate was met at the spayed dog licensing rate, and the amount of dog
license fees actually collected from the residents of that party's Jurisdiction.
B. APPROPRIATION AND PAYMENT OF FUNDS. The parties agree to pay the
amounts set forth in Part 2, Article V, Section A, to the Licensing Administrator for placement in
the Dog Licensing Fund by January 31st of the year following which the Annual Report
determined a party failed to meet the Minimum Compliance Rate, provided, however, that all
payments by the parties to the Dog Licensing Fund pursuant to this Agreement are subject to
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annual appropriation by the parties hereto in the manner required by statute. It is the intention of
the parties that no multiple-year fiscal debt or other obligation be created by this Agreement.
PART 3. REPAYMENT OF DEBT SERVICE FOR CONSTRUCTION OF FACILITY
I. BASIS FOR DOG POPULATION
A. BASIS FOR DOG POPULATION. The basis for the dog population calculation
shall be based upon the Colorado data from the most current Source. Whenever the dog
population is needed for computations under this Agreement, the figure used shall be the most
recent available at the time such figure is needed, unless otherwise specified herein.
B. DEFINITIONS. The definitions for Jurisdiction, Reporting Period and Estimated
Dog Population are set forth in Part 2, Article IV.
II. CONTRIBUTIONS TO DEBT SERVICE FOR COST OF CONSTRUCTING FACILITY
A. CONTRIBUTIONS OF THE PARTIES FOR DEBT SERVICE ON COPS. $5.2
million dollars of the proceeds from the COPs issued by the County were used to partially pay
the cost for construction of the Facility. The parties agree that each municipal party shall
annually pay an assessment to the County to repay that portion of the debt service on the COPs
attributable to the portion ofthe proceeds used to fund the construction of the Facility (the
"Facility Debt Service") until the COPs are defeased. The Facility Debt Service Schedule is
attached hereto as Exhibit A but such schedule may be modified if the COPs are refinanced as
provided herein. The schedule may also be modified to allow for prepayments or other events as
deemed appropriate by all the parties. Each party's annual repayment will be determined as
follows:
1. Calculation for the Annual Assessment
a. Determine the Estimated Dog Population for each party's Jurisdiction
as of June 30th of each year.
c. b. Add the Estimated Dog Population for all the parties together to
determine the Total Dog Population. Determine what percentage each
party's Estimated Dog Population is compared to the Total Dog
Population for all of the parties' Jurisdictions combined ("Dog
Population Percentage").
Each municipal party shall pay the County a portion of the Facility Debt Service equal to
that municipal party's Dog Population Percentage.
B. ANNUAL DEBT SERVICE STATEMENT AND INVOICE FOR COPS. By
August I st of each year, the County shall prepare and present to the Shelter Board and the
governing bodies of the parties a statement and invoice of the Facility Debt Service due from
January 1 to December 31 for the upcoming year, each party's Dog Population Percentage and
the total dollar amount due from each party for its portion of the Facility Debt Service.
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C. PAYMENT FOR FACILITY FUNDING IGA. Pursuant to the terms ofthe
Facility Funding IGA, the County shall provide the parties with a report each year stating the
amount received each year and the balance owing. Section I. D. of the Facility Funding IGA
shall be amended to provide that the final payment on the remaining balance is due on January l,
2015 and shall be divided equally between Arvada, Lakewood, Wheat Ridge, Golden and
Westminster. The municipal parties shall make their final payments to the County no later than
January 31,2015. To the extent the Facility Funding IGA provides that the County is solely
responsible for the Facility Debt Service on COPs, the Facility Funding IGA is amended in this
Agreement to require participation of all the municipal parties and the County in the payment of
the Facility Debt Service in the manner provided herein.
D. APPROPRIATION AND PAYMENT OF FUNDS. The parties agree to consider
for appropriation the amounts computed as set forth above by the first day of January of the year
during which said monies are to be paid to the County. The parties agree to pay the amounts for
the Facility Debt Service to the County by January 31st of the year during which said monies are
to be paid by the County for the debt service. All payments to the County pursuant to this
Agreement are subject to annual appropriation by both the County and each municipal party
hereto in the manner required by statute. It is the intention of the parties that no multiple-year
fiscal debt or other obligation be created by this Agreement.
E. REPORTS REQUESTED BY THE PARTIES. The County shall also render to
the other parties hereto, at reasonable intervals, such reports and accountings as the parties hereto
may from time to time request.
F. REFINANCING. The County shall have the right to refinance the debt on the
COPs if deemed beneficial to the County so long as the amount owed by the municipal parties
for debt service does not increase due to the refinancing.
PART 4. GENERAL CONTRACT TERMS
I. DEFAULT IN PERFORMANCE
A. In the event any party fails to make the payments to the Licensing Administrator
when due as provided by Part 2, Article V, or payments to the County as provided in Part 3 or to
perform any of its covenants and undertakings under this Agreement, the County or any other
party shall cause written notice to be given to the governing body of the defaulting party of the
termination of the party's participation in the Agreement, unless such default is cured within
thirty (30) days from the date of such notice. Upon failure to cure said default within said thirty
(30) day period, membership in the Shelter of the defaulting party shall thereupon terminate, and
said defaulting party shall thereafter have no voting rights as a member of the Shelter at any
regular or special meeting thereto, nor be entitled to representation on the Shelter Board, and said
defaulting party shall thereafter be denied service by the Shelter. Further, the Licensing
Administrator shall no longer provide licensing services to said defaulting party. The defaulting
party whose participation is terminated under this section of this Agreement shall forfeit all right,
title, and interest in and to any funds in the Dog Licensing Fund or any right, title or interest in
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and to any property of the Shelter to which said party may otherwise be entitled upon the
dissolution of this Agreement. If a party is in default of this Agreement for any reason other than
nonappropriation of funds for payment of an assessment to the County or payment to the
Licensing Administrator for placement in the Dog Licensing Fund, termination of the defaulting
party's participation in the Agreement shall not relieve the defaulting party of the obligation to
make the payments to the County as provided in Part 3 or the Licensing Administrator for
placement in the Dog Licensing Fund as provided in Part 2, Article V that were due prior to the
defaulting party's termination. This Section is not intended to limit the right of any party under
this Agreement to pursue any or all other remedies it may have for breach of this Agreement. A
party who fails to make the payments required by Part 2 or 3 for any reason other than
nonappropriation of funds shall be obligated to pay all costs of collection of said payment,
including reasonable attorneys' fees. A municipal party who fails to make the payments for any
reason other than nonappropriation of funds shall be obligated to pay interest at a default rate of
10% plus all costs of collection of said payment, including reasonable attorneys' fees.
B. PAYMENT DEFAULT/ COPs. In the event any municipal party fails to make
the payments to the County when due other than for non appropriation as set forth in Part 3
Section D that municipal party shall be in default. In the event of a payment default or non
appropriation by any of the municipal parties, the remaining municipal parties and County shall
be responsible for the debt service amount owed by the defaulting or non appropriating
municipal party or parties in the same ratio calculation set forth in Part 3 except the ratio shall be
calculated without the defaulting party or parties inclusion in the ratio.
C. PAYMENT DEFAULT/ $1.5 MILLION. In the event Arvada, Lakewood, Wheat
Ridge, Golden or Westminster fails to make the payments to the County when due other than for
non-appropriation as set forth in Part 3 Section C the municipal party who fails to make a timely
payment shall be in default. In the event of a payment default or non appropriation by Arvada,
Lakewood, Wheat Ridge, Golden or Westminster, the remaining municipal parties shall be
responsible for the debt service amount owed by the defaulting or non appropriating municipal
parties as provided in the Facility Funding IGA.
II. TERM. RENEWAL AND TERMINATION OF AGREEMENT
A. TERM AND RENEWAL OF AGREEMENT. This Agreement shall be in full
force and effect for a term of 50 years from July 1, 2012 or until sooner terminated by two-thirds
of the parties hereto, and the parties entering into this Agreement shall have the option to extend
this Agreement by amending this Agreement pursuant to Part 4, Section III.
B. CONTINUATION OF SHELTER OPERATION/FEES FOR NON-PARTIES.
All property and animals shall remain in the Shelter under the terms of this new Agreement.
Entities not parties to this Agreement who have animals at the Shelter that were placed at the
Shelter by the entity or residents living within the boundaries of the entity on effective date of
this Agreement shall pay a fee as set by the Shelter Board which may be per animal per day as
long as said animal remains at the Shelter.
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C. TERMINATION BY WRITTEN NOTICE. This Agreement, or any party's
participation in this Agreement, may be terminated effective by written notice from the party or
parties to the Shelter at least 180 days prior to January 1st of any given year. Any party
terminating its participation pursuant to this provision shall not be entitled to any reimbursement
for said parties' contributions to the County, the Shelter or the Licensing Administrator for
capital costs, assessments or any operating costs previously paid by said party or any dog
licensing fees previously paid by its residents. Such party shall be entitled to be readmitted to
the membership of the Shelter if approved by the Shelter Board and if the tenninated party has
paid all dollar amounts the terminated party is in arrears under the terms of this Agreement.
D. TERMINATION WITHOUT REQUIRED NOTICE. In the event that any party
hereto elects to terminate its participation in this Agreement prior to the end of any period of this
Agreement and not in accordance with subsection C of this section, such party shall be
considered in default of this Agreement and accordingly shall forfeit its entire contribution to the
Shelter. Upon default, the defaulting party shall forfeit all privileges and property that such party
obtained as a result of its membership in this Shelter. Should a defaulting party, at some later
date, seek readmission to the membership of the Shelter, such party shall be required to meet the
requirements and contributions of any new party seeking membership pursuant to the terms of
this Agreement.
E. POWERS OF SHELTER UPON TERMINATION BY TWO-THIRDS. Upon
termination by mutual agreement of two-thirds of the parties to this Agreement, the powers
granted to the Shelter under this Agreement shall continue to the extent necessary to make an
effective disposition of the property, equipment, and animals under this Agreement. If the
Agreement is terminated the Shelter and the County shall cause the Lease Agreement with the
County to be terminated.
F. STATUS OF LEASED PREMISES UPON TERMINATION BY TWO-THIRDS/
PAYMENT OF SHELTER LIABILITIES. Upon termination of this Agreement by mutual
agreement of two-thirds of the parties hereto, the Lease Agreement shall terminate in accordance
with its terms and improvements thereon located in Jefferson County, shall revert to Jefferson
County for its use and ownership. Any cost for liabilities incurred by the Shelter during the
termination of this Agreement and as an expense of termination shall be borne by each party to
the Agreement in the same proportion as it is required to contribute to the assessments in Part 3
Section II, whether such assessments have terminated or not except, if the debt service on the
COPs is not fully paid, the County shall not pay any part of the remaining Shelter liability and
the proportion of each municipal party shall be adjusted to pay the full amount of the Shelter
liability without the County participation.
G. TERMINATION FOR REASON OTHER THAN NONAPPROPRIA TION.
Termination of the Agreement for any reason other than nonappropriation of funds shall not
relieve the terminating party of the obligation to make the payments to the Licensing
Administrator as provided in Part 2 or pay the party's assessment to the County as provided in
Part 3.
13
H. DISBURSEMENT OF FUND UPON TERMINATION. If this Agreement is
terminated. the Licensing Administrator shall first pay the County any monies it holds from the
dog licensing revenue, except its costs of administration prior to termination of the Agreement,
to pay the County for the cost of any remaining debt service on the COPs issued to pay for the
cost of constructing the Facility. The Shelter shall pay any funds it holds beyond its expenses
incurred prior to the termination of this Agreement to the County to cover any remaining cost of
the debt service on the COPs . This provision and the provisions of Part 2, Article II, Section B;
Part 2, Article V; Part 3, Article II; Part 4, Article I, Section A, Band C and Article II., shall
survive termination of this Agreement.
III. AMENDMENT
This Agreement may be amended at any time in writing by agreement of all the parties to
this Agreement except that the Agreement may also be amended as set for the in Part 4, Section
X.
IV. SEVERABILITY CLAUSE
If any provisions of this Agreement or the application thereof to any party or
circumstances are held invalid, such invalidity shall not affect other provisions or applications of
the Agreement which can be given effect without the invalid provision or application, and to this
end, the provisions of the Agreement are declared to be severable.
V. COUNTERPARTS
This Agreement may be signed in counterparts, and each counterpart shall be deemed an
original, and all the counterparts taken as a whole shall constitute one and the same instrument.
The Agreement shall not be effective until executed by all parties.
VI. NO THIRD PARTY BENEFICIARIES
Except as otherwise stated herein, this Agreement is intended to describe the rights and
responsibilities of and between the parties and is not intended to, and shall not be deemed to,
confer rights upon any persons or entities not named as parties, limit in any way governmental
immunity and other limited liability statutes for the protection of the parties, nor limit the powers
and responsibilities of any other entity not a party hereto. Nothing contained herein shall be
deemed to create a partnership or joint venture between the parties with respect to the subject
matter hereof.
VII. SUPERSEDES AND AMENDS PRIOR AGREEMENTS
This Agreement supersedes and replaces all prior agreements dealing with formation of
the Shelter including but not limited to the Intergovernmental Agreement dated for reference
purposes only January 1, 1998, and the Intergovernmental Agreement for the County Wide
Licensing Program dated for reference purposes only June 20, 2007 and any amendments to
14
those agreements. The Facility Funding IGA shall remain in full force and effect except as
amended herein. To the extent Facility Funding IGA says the County is solely responsible for
the Facility Debt Service for the COPs the Facility Funding IGA is amended by Part 3 Article
II( C).
VOl. NONDISCRIMINATORY POLICY
The Shelter shall make its services, facilities, and programs available to all persons
regardless of race, color, age, creed, national origin, sex, or disability.
IX. NO GENERAL OBLIGATION INDEBTEDNESS
Because this Agreement will extend beyond the current fiscal year, the parties understand
and intend that the obligation of the parties to pay any costs hereWider constitutes a current
expense of the parties payable exclusively from the parties' funds and shall not in any way be
construed to be a general obligation indebtedness ofthe parties within the meaning of any
provision of Article XI of the Colorado Constitution, or any other constitutional or statutory
indebtedness. None of the parties has pledged the full faith and credit of the state, or the parties
to the payment of the charges hereunder, and this Agreement shall not directly or contingently
obligate the parties to apply money from, or levy or pledge any form of taxation to, the payment
of any costs.
X. JOINDER OF THE CITY OF EDGEWATER
All parties agree that the City of Edgewater ("Edgewater") may become a party to this
agreement by adopting a dog license ordinance in compliance with the terms of this Agreement
and Edgewater's properly executing this Agreement in counterpart. Upon Edgewater's
execution of a counterpart of this Agreement the parties and Edgewater agree that this
Agreement shall be deemed amended with Edgewater being deemed a party to this Agreement
and Edgewater being subject to all the terms and provisions of this Agreement except Edgewater
shall not be responsible for payment under the terms of the Facility Funding IGA without
amendment to the Facility Funding IGA as provided therein. Calculation for the Compliance
Rate for Edgewater shall be prorated for the first year from the date Edgewater executes the
Agreement until the following June 30th.
15
01-Jun -1 0
01-Dec-10
01-Jun-11
01-Dec-11
01-Jun -12
01 -Dec-1 2
01 -J un -13
01-Dec-13
01-Jun-14
01-Dec-14
01-Jun-15
01-Dec-15
01 -Jun-16
01-Dec -1 6
01 -J un-17
01-Dec -17
01-Jun -1 8
01 -Dec-18
01-Jun-19
01 -Dec -19
01-Jun-20
01 -Dec -20
01 -Jun-21
01 -Dec-21
01-Jun-22
01-Dec-22
01-Jun -23
01 -Dec-23
01-Jun -24
01-Dec-24
01-Jun-25
01-Dec-25
01 -Jun -26
01 -Dec-26
01 -Jun -27
01-Dec-27
01-Jun-28
01-Dec-28
01 -Jun-29
01 -Dec-29
Princ ipal
239.208
244 .200
249 ,575
255.335
262 .630
269 .925
278 .373
287 .588
297 .187
307.554
318 .689
330 .591
343.262
356.70 1
370 .907
386.266
402 .008
EXHIBIT A
Jefferson County
Certiflcotes of Participation Series 2009
Animal Shelter Shore of Series 20CYYA BABs
5.200.CXXJ.OO
Debt Service Schedule
Coupon
Rote
3.100%
3.300%
3. 75CJ'1,
4.200%
4.35CJ'I,
4.900%
5.000%
5. 15CJ'1,
5.350%
5.500%
5.900%
5.900%
5.900%
6.25CJ'I,
6.25CJ'I,
6.25CJ'I,
6.25CJ'I,
Interest
157 .392 .57
137.527 .48
137.527 .48
137 .527 .48
137 .527.48
137 .527.48
137,527.48
137.527 .48
133.819 .75
133.819 .75
129.790 .45
129.790 .45
125.110 .91
125.110 .91
119.748 .88
119.748 .88
114.036 .68
114.036 .68
107,423 .50
107 .423 .50
100,464 .19
100.464 .19
93.058 .80
93 .058 .80
85.109.06
85.109 .06
76.651 .33
76.651 .33
67,250 .02
67 .250 .02
57.497 .57
57.497 .57
47 .371 .33
47.371 .33
36.224 .43
36.224 .43
24.633 .57
24.633 .57
12.562 .76
12.562 .76
Total
Disbursements
157.392.57
137.527.4 8
137.527 .48
137 .527 .48
137 .527 .48
137.527.48
137.527.48
376.735 .93
133.819 .75
378.019 .71
129.790 .45
379.365 .88
125.110 .91
380.445 .77
119.748.88
382.379 .02
114,036.68
383 .962 .10
107 .423.50
385 .796 .09
100.464 .19
388.05 1.87
93.058 .80
390 .245 .54
85.109.06
392.662.78
76.651.33
395.339 .95
67 .250 .02
397.841 .47
57.497 .57
400.759.77
47 .371.33
404 .072.21
36.224 .43
407 .13 1.91
24 ,633 .57
410 .899 .54
12.562 .76
414 .571.18
-------- ---------
$5.200.000 $3.78 1.591.39 $8.981 .591 .39
=========== ============= =============
Annual
Disbursements
$294,920.05
275 .054 .96
275.054 .96
514 .263 .41
511.839 .46
509,156 .33
505.556 .68
502 .1 27.90
497 .998.78
493 .219 59
488 .516 .06
483.304 .34
477 .77 1.84
471 .991.28
465,091 .49
458 .257 .34
45l.A43 .54
443 .356 .34
435.533 .11
427 .133 .94
-----------
$8.981.591.39
=============
Council Action Form
January 26,2015
Page2
Council approved , via Resolution No. 49-2011 , an increase in the payment from 50% to 100% of
the sales tax increment share back du·ough December 31 , 2014 .
RECOMMENDATIONS:
Staff recommends distribution of the sales tax increment share back for December of fiscal year
2014 in the amount of$41 ,312 .80.
RECOMMENDED MOTION:
"I move to approve payment of the sales tax increment share back for December of fiscal year
2014 from the Town Center Project in the amount of $41 ,312.80 to Renewal Wheat Ridge ."
Or,
"I move to deny the payment of the sales tax increment share back for December of fiscal year
2014 from the Town Center Project in the amount of $41 ,312.80 to Renewal Wheat Ridge for the
following reason(s) "
REPORT PREPARED/REVIEWED BY:
Steve Art , Economic Development and Urban Renewal Manager
Patrick Goff, City Manager
R WR Annual Sales Tax Increment SBA
January 26 , 2015
Page 2
BACKGROUND:
The City adopted the Wheat Ridge Town Center Urban Renewal Plan on December 14 , 1981
which provided for the utilization of propert~ and sales tax increment in the commercial area east
ofWadsworth Boulevard , between West 38t Avenue and West 44th Avenue . This
Intergovernmental Agreement (IGA) has been modified a few times since 1981. On December
8, 2014 the Council approved the most recent IGA that will provide for an annual contribution to
RWR in the amount of $300,000 through December 31 , 2019 .
Additionally, R WR and Wheat Ridge Cyclery entered into a Tax Increment Financing
Agreement (TIF) on March 20 , 2007 for improvements to the Cyclery property located at 7085
W. 38th Avenue. The Agreement expired in 2012 after all financial obligations were met. The
Agreement provides that RWR will continue to receive the enhanced portions of the property and
sales tax generated from the project for an additional 17 years to be used on projects within the
38th A venue Corridor Urban Renewal Plan project area .
During budget preparation for the 2014 fiscal year, staff projected the increment from the Town
Center and the Cyclery project to generate revenues of $465 ,000. The actual amount exceeded
the budgeted estimate by $58 ,417.91.
RECOMMENDATIONS:
Staff recommends approval of the resolution in order to provide a supplemental budget
appropriation in the amount of$58,417.91 to the Economic Development Division budget.
RECOMMENDED MOTION:
"I move to approve Resolution No. 04-2015, a resolution amending the fiscal year 2014 General
Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of
$58 ,417.91 for the annual sales tax share to Renewal Wheat Ridge."
Or,
"I move to deny approval of Resolution No. 04-2015, a resolution amending the fiscal year 2014
General Fund Budget to reflect the approval of a supplemental budget appropriation in the
amount of $58 ,417.91 for the annual sales tax share to Renewal Wheat Ridge for the following
reason(s) "
REPORT PREPARED/REVIEWED BY:
Steve Art, Economic Development and Urban Renewal Manager
Patrick Goff, City Manager!U RA Executive Director
ATTACHMENTS:
1. Resolution No. 04-2015
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. ~
Series of 2015
TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2014 GENERAL
FUND BUDGET TO REFLECT THE APPROVAL OF A
SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT
OF $58,417.91 FOR THE ANNUAL SALES TAX SHARE TO
RENEWAL WHEAT RIDGE
WHEREAS, the City of Wheat Ridge, acting through its City Council has created
Renewal Wheat Ridge ("RWR"), an urban renewal authority; and
WHEREAS, projects in the Town Center have generated sales tax revenues, referred
to by the City and RWR as the "sales tax increment" for use by RWR on urban renewal
projects; and
WHEREAS, in 2006 the City and RWR entered into an Intergovernmental Agreement
(the "Agreement") pertaining to the allocation of the sales tax increment derived from the
Town Center project and the sharing of resources relating to services, equipment and
personnel; and
WHEREAS, the City has amended the Agreement on October 24, 2011, to raise the
percentage of sales tax distribution to RWR from 50% to 1 00%; and
WHEREAS, in 2007 RWR entered into an Improvements Agreement with Wheat
Ridge Cyclery (the "Cyclery") to reimburse the Cyclery for certain improvements to the
property to improve its public appearance; and
WHEREAS, the Cyclery Agreement expired in 2012 after all financial obligations were
met and therefore the tax increment will continue to be distributed to RWR until the 25 year
TIF cycle expires; and
WHEREAS, the sales tax increment exceeded 2014 budget estimates by $58,417 .91;
and
WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be
effected by the City Council adopting a Resolution.
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council:
Supplemental Appropriation
Section 1. The City Council authorizes the transfer of $58,417 .91 from the General
Fund undesignated reserves to account number 01-105-700-720 and amending the
General Fund revenue accordingly.
DONE AND RESOLVED this 26 1h day of January, 2015.
Joyce Jay, Mayor
ATTEST:
Janelle Shaver, City Clerk
~ ~ "# ~ ~ ~ City of •
?WheatRi_dge
ITEM NO:~
DATE: January 26,2015
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 02-2015 AN ORDINANCE
AMENDING CHAPTERS 5, 11 AND 26 OF THE WHEAT
RIDGE CODE OF LAWS CONCERNING THE
REGULATION OF MEDICAL MARIJUANA
ESTABLISHMENTS AND RETAIL MARIJUANA
ESTABLISHMENTS
0 PUBLIC HEARING
D BIDS/MOTIONS
0 RESOLUTIONS
QUASI-JUDICIAL:
City Attorney
ISSUE:
D ORDINANCES FOR I ST READING (1 /12/2015)
[gJ ORDINANCES FOR 2ND READING (1 /26/2015)
D YES [gJ NO
Since August of2014, the City has been operating under a temporary moratorium on marijuana-
related businesses. The moratorium was imposed to pennit the City Council time to study and
evaluate the City's existing local regulations governing such businesses. The Council has
completed its evaluation. This ordinance addresses the following main points:
• Establish a cap on the maximum number of marijuana-related businesses allowed in the
City;
• Designate all "storefront" operations (where the public may purchase marijuana) as a
Special Use in the C-1 zone district ;
• Limit cultivation activities to a maximum of 5,000 square feet;
• Designate cultivation facilities as the same type of use (special or permitted) as the
contiguous storefront or manufacturing facility they serve;
• Impose a separation requirement (1 ,000 feet) from storefront operations to the Wheat
Ridge Recreation Center and improved City parks;
Council Action Form -Marijuana Regulatory Amendments
January 26, 2015
Page 2
• Incorporate certain state regulations concerning signage and establish a review process
for such signage; and
• Repeal the existing moratorium on marijuana-related businesses.
Council also directed Staff to develop a mechanism under which the Council is notified of the
following events concerning marijuana-related businesses : (1) Application is made for a new
Special Use Permit; and (2) Application is made to modify or transfer an existing licensed
business. Staff has developed a proposed mechanism , further described below, and detern1ined
that it does not require modification of the Code or inclusion in this ordinance.
PRIOR ACTION:
The Council discussed a draft ordinance on December 1, 2014. At that study session, the Council
directed the following amendments to the draft ordinance:
1. Remove the ordinance provisions that would allow non-confonning marijuana businesses
to collocate; place those provisions in a separate ordinance.
As mentioned above, those provisions have been removed from the attached ordinance.
Amendments to the following Code provisions, concerning the ability ofnon-confonning
marijuana businesses to collocate, have been moved to a second ordinance: Code §§ 11-
305(g); I 1-415 ; and II-416(h).
2. Clarify the ordinance language concerning the maximum number of pennitted marijuana-
related businesses .
Language under Code§§ 11-298(a)(7) and 11-408(a)(7) has been amended.
In association with this last amendment, Staff considered how it would implement the maximum
number of licenses. To provide clear expectations and guidance on this point, this ordinance also
contains a process under which the maximum number of licenses will be managed by Staff. See,
Code§§ 11-298(c) and ll-408(c). The proposed process generally requires the City to adver1ise
vacancies and accept letters of intent for 30 days. If more than one letter of intent is received ,
the City will select an applicant by lottery. An applicant must submit complete applications
(license application and special use permit application , if required) within 60 days and obtain its
business license and special use pennit, if required , within 180 days. An applicant 's failure to
diligently pursue its application with the City, either through the failure to provide necessary
infom1ation or to meet the above deadlines, would result in rejection of the application and cause
the City to once again advertise that a vacancy exists.
At a public hearing on January 15, 2015 the Planning Commission voted 4-3 to recommend
approval of the proposed ordinance with two amendments:
1. Recommendation to include amendments attached hereto as Exhibit A (discussed
further below); and
Council Action Fonn -Marijuana Regulatory Amendments
January 26 , 20 15
Page 3
2. Recommendation to remove separation from parks and recreation facilities.
No one from the public testified during the public hearing. Meeting minutes were not available
at the time of packet preparation , but a summary of the Planning Commission action is attached.
FINANCIAL IMPACT:
While difficult to predict, the projected impact of this ordinance on potential sales tax generation
is believed to be minimal. Under existing City regulations, the available locations for marijuana-
related businesses are already limited. This ordinance caps the number of marijuana-related
businesses at the number that currently exist. It is unlikely that this ordinance will prevent the
location of a significant number of storefront operations in the City that would otherwise be
permitted under the City's current regulations.
City staff will spend additional time and resources administering this ordinance and the
associated process to notify Council of certain marijuana-related business activity.
BACKGROUND:
In 2011 and 2013, respectively, the City Council adopted local regulations governing medical
marijuana businesses and retail marijuana businesses. Each set of regulations requires such
businesses to obtain a local license to operate, in addition to the state license required by state
law, and imposes limitations on where such businesses may locate within the City.
As a result of recent expressed interest in locating marijuana-related businesses in pennissible
locations , City residents expressed concern over the appropriateness of the current location
restrictions. In response to those concerns, the City Council adopted a temporary moratoriwn on
marijuana-related businesses in August of2014. The moratorium was imposed to allow the
Council time to review and evaluate the City's existing marijuana regulations generally. Council
reviewed existing regulations in regards to the appropriateness of the location of marijuana-
related businesses and their compatibility with adjacent land uses and potential impacts on
neighbors. It also evaluated the public health, safety and welfare impacts of such businesses in
regards to potential exposure to minors.
On December 1, 2014, the Council reviewed a draft ordinance amending the City's marijuana
regulations. In addition to the Code amendments discussed above, the ordinance also contains a
recommended clarification in the zoning use chart. Under the City's existing regulations,
cultivation operations are permitted in only two scenarios: (1) contiguous to an associated
storefront business ; and (2) contiguous to an associated manufacturing business. This ordinance
provides that a cultivation operation will mirror the zoning designation of its associated principal
use. The result: when a cultivation operation is associated with a storefront in the C-1 zone
district, it will be reviewed as a Special Use -the same process used to review the associated
store. When a cultivation operation is associated with a manufacturer in any zone district or with
a storefront in the IE zone district, it will be reviewed as a permitted use -the same process used
to review the associated manufacturer or store. Staff believes this clarification of the zoning
designation of cultivation operations is consistent with the Council 's policy directives otherwise
Council Action Form -Marijuana Regulatory Amendments
January 26, 2015
Page4
reflected in the ordinance. Staff also believes these provisions would be logical and intuitive for
both the public and City decision-makers.
Staff is also recommending several minor amendments that will improve the clarity and intent of
the ordinance. These amendments are based on public comment received and additional staff
analysis; they are summarized below and are attached separately as Exhibit A.
1. The ordinance limits the size of cultivation facilities to 5,000 square feet.
Language is proposed to be added to clarify that 5,000 square feet is a combined
maximum limit for retail and/or medical marijuana cultivation at a single licensed
location. This will prevent the misinterpretation that 5,000 square feet is allowed for
each type of cultivation-medical and retail.
2. The ordinance prohibits the distribution of handbills and other handheld and
portable signs . The amendment proposes to clarify that property owner pennission does
not transcend the code's prohibition of certain advertisement.
3. The ordinance does not address nonconfom1ing uses. Four of the existing five
stores will become legally nonconfonning because they are zoned C-1 but will not have
Special Use Pennits (SUPs). Nonconforming uses are subject to Section 26-120 which
allows a use to continue with certain limitations. Per Section 26-120 , if a use ceases for
12 consecutive months , it cannot resume. The amendment proposes to shorten this to 6
consecutive months for matijuana-related nonconforming businesses. This is consistent
with the shortened SUP tenns proposed in Section 10 ofthe Council Bill.
4. The amendment proposes to correct a typo and provide the appropriate reference
to the Colorado Retail Marijuana Code.
Finally, Council also directed Staff to develop a mechanism under which the Council was
notified of certain marijuana business-related activities. In that regard , Staff presents the
following for Council's consideration:
Notification of submittal of new Special Use Pe1mit (SUP). Staff can utilize our current
distribution of the quasi-judicial spreadsheet to meet this requirement , calling particular attention
to the submittal of a marijuana related application.
Please note that the public concerns relative to the site at 38 111 and Miller were triggered based on
the community becoming aware of a pre-application meeting that was held with staff, which is a
Code required pre-cursor to formally filing any land use application. It has been long standing
City policy that an application is not considered public infom1ation until a pre-application
meeting has been held with staff. This protects important principles of developer/business owner
confidentiality.
Council Action Form -Marijuana Regulatory Amendments
January 26, 2015
Page 5
It is important to note that not all pre-application meetings result in the filing of a formal
application, and in fact, a SUP would not be eligible for submittal until an applicant has also
conducted a properly noticed neighborhood meeting. To address City Council's desired
notification request , staff is recommending that City Council be provided notice upon the
scheduling of a neighborhood meeting. This notification would be provided at the same time as
the formal public notice of the neighborhood meeting is provided to surrounding property
owners and residents.
Notification of any modifications or transfer of a business license. The Sales Tax Division serves
as the local licensing authority for all marijuana establishments. Any modification to a marijuana
business license would be processed through their office and staff will set up a protocol in the
electronic database of business licenses whereby they are able to notify City Council of any
changes to a marijuana business license.
Periodic mapping updates depicting permissible locations. Providing updated maps is a relatively
labor intensive effort as it requires staff to get updates on business licenses pertaining to
marijuana establishments and all of the various types of establishments from which 1000 foot
buffers are required. Staff also needs to look outside of our jurisdictional boundaries as the
separation requirements between marijuana establishments and the buffer/separation
requirements extend beyond our municipal boundaries. Staff is recommending quarterly updates
to City Council , occurring 15 days after the end of each quarter (i.e. 1st quarter notification
would be provided to Council on April 15). We propose to provide hard copy maps in Council
member mail boxes.
OPTIONS FOR COUNCIL ACTION:
1. Approve the ordinance as presented on second reading;
2. Approve the ordinance on second reading with amendment(s); or
3. Postpone consideration of the ordinance indefinitely.
RECOMMENDED MOTIONS:
"I move to approve Council Bill No. 02-2015, as presented , order it published and that it shall
become effective upon the signature of the Mayor."
Or;
"I move to approve Council Bill No. 02-2015 with those amendments set forth in Exhibit A,
order it published and that it shall become effective upon the signature of the Mayor."
Or;
"I move to approve Council Bill No. 02-2015 with the following amendments:
I. Those amendments set forth in Exhibit A;
Council Action Fonn -Marijuana Regulatory Amendments
January 26, 2015
Page6
Or;
2. Amend Section 3 by deleting the second sentence of Subsection 11-305(b) and by
deleting the words "lMPROVED CITY PARK OR THE WHEAT RIDGE
RECREATION CENTER" from the third sentence of that subsection; and
3. Amend Section 7 by deleting the second sentence of Subsection ll-416(b) and by
deleting the words "IMPROVED CITY PARK OR THE WHEAT RIDGE
RECREATION CENTER" from the third sentence ofthat subsection, and that it shall
become effective upon the signature of the Mayor.
"I move to postpone indefinitely Council Bill No. 02-2015 for the following reason(s)
"
REPORT PREPARED/REVIEWED BY:
Carmen Beery, City Attorney's Office
Kenneth Johnstone, Community Development Director
Patrick Goff, City Manager
ATTACHMENTS:
I. Council Bill No. 02-2015
2. Second Reading Amendments (Exhibit A)
3. Summary of Platming Commission Action
4. November 24 , 2014 staff memorandum summarizing the initial draft ordinance
5. City maps reflecting locations and buffers of existing matijuana businesses
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER WOODEN
Council Bill No. 02
Ordinance No. ----Series 2015
TITLE: AN ORDINANCE AMENDING CHAPTERS 5, 11 AND 26 OF THE WHEAT
RIDGE CODE OF LAWS CONCERNING THE REGULATION OF MEDICAL
MARIJUANA ESTABLISHMENTS AND RETAIL MARIJUANA
ESTABLISHMENTS
WHEREAS, the City of Wheat Ridge ("City") is a home rule municipality
operating under a charter adopted pursuant to Article XX of the Colorado Constitution
and vested with the authority by that article and the Colorado Revised Statutes to adopt
ordinances for the regulation of land use and the protection of the public health, safety
and welfare; and
WHEREAS, pursuant to the authority granted by Section 14, Article XVIII of the
Colorado Constitution and the Colorado Medical Marijuana Code, Article 43.3, Title 12,
C.R.S., the Wheat Ridge City Council ("Council") previously adopted local regulations
governing medical marijuana establishments; and
WHEREAS, pursuant to the authority granted by Section 16, Article XVIII of the
Colorado Constitution and the Colorado Retail Marijuana Code, Article 43.4, Title 12,
C.R.S., the Council previously adopted local regulations governing retail marijuana
establishments; and
WHEREAS, by City of Wheat Ridge Ordinance No. 1554, on August 18, 2014,
the Council adopted a temporary moratorium on certain City approvals necessary to
establish and operate marijuana establishments in the City for the purposes of
permitting the Council to study and evaluate existing local regulations; and
WHEREAS, by City of Wheat Ridge Ordinance No. 1560, on October 27, 2014,
the Council adopted an additional temporary moratorium on such approvals in order to
permit the Council adequate time to carefully study the many issues implicated by the
regulation of marijuana-related businesses; and
WHEREAS, the Council has completed its study of such issues and now desires
to amend certain provisions of Chapters 5, 11 and 26 of the Wheat Ridge Municipal
Code ("Code"), concerning the regulation of both medical marijuana establishments and
retail marijuana establishments, as further set forth herein.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Section 11-296 of the Code, concerning application for a medical
marijuana business license, is hereby amended as follows:
Attachment 1
Sec. 11-296. -Application for license.
(a) A person seeking to obtain a license pursuant to this division shall file
an application with the local licensing authority on a form provided by
the state, A SIGN APPLICATION and shall include all additional
information required by the Colorado Medical Marijuana Code . IF
PROPOSED SIGNAGE IS NOT AVAILABLE AT THE TIME OF
INITIAL APPLICATION, AN APPLICANT MAY FILE THE SIGN
APPLICATION AS SOON AS PRACTICAL. NO PERMANENT OR
TEMPORARY SIGNAGE MAY BE INSTALLED OR LOCATED ON
THE PROPERTY UNTIL APPROVED BY THE CITY. SEE SECTION
26-708.H.
(b) The local licensing authority is hereby authorized to request any
applicant to provide information that is in addition to the requirements
of the Colorado Medical Marijuana Code if it determines that such
information is reasonably necessary to complete the investigation and
review of the application.
Section 2. Section 11-298 of the Code , concerning the issuance of medical
marijuana business licenses , is hereby amended as follows:
Sec. 11-298. -Standards for approval of license; no hearing required;
MAXIMUM NUMBER OF LICENSES.
(a) The local licensing authority is authorized to administratively approve any
license under this division so long as the following conditions are met:
(1) The application (including any required attachments and submissions)
is complete and signed by the applicant ;
(2) The applicant has pa id the application fee and any other fees required
by this Code ;
(3) The application does not contain a material falsehood or
misrepresentation ;
(4) The application complies with all of the requirements of this division
and the Colorado Medical Marijuana Code ; afl6
(5) The licensing authority has received written approval from the city
police department as to the applicant's criminal background,. ;
(6) The licensing authority has received written approval from the
community development department that the location and zoning
2
requirements imposed by this division and section 26-204 of this Code
have been met; AND
(7) THE PROPOSED LOCATION, IF APPROVED , WILL NOT EXCEED
THE MAXIMUM NUMBER OF LICENSED LOCATIONS PERMITTED
IN THE CITY.
a. THE MAXIMUM TOTAL NUMBER OF MEDICAL MARIJUANA
CENTERS AND RETAIL MARIJUANA STORES IN THE CITY
SHALL NOT EXCEED FIVE (5). FOR PURPOSES OF THIS
PARAGRAPH , A RETAIL MARIJUANA STORE AND A
MEDICAL MARIJUANA CENTER COLLOCATED IN
ACCORDANCE WITH SECTION 11-415(C) SHALL BE
COUNTED AS ONE (1) STORE/CENTER.
b. THE MAXIMUM TOTAL NUMBER OF MEDICAL MARIJUANA-
INFUSED PRODUCT MANUFACTURERS AND RETAIL
MARIJUANA PRODUCTS MANUFACTURERS IN THE CITY
SHALL NOT EXCEED THREE (3). FOR PURPOSES OF THIS
PARAGRAPH, A RETAIL MARIJUANA PRODUCTS
MANUFACTURER AND A MEDICAL MARIJUANA-INFUSED
PRODUCT MANUFACTURE COLLOCATED IN
ACCORDANCE WITH SECTION 11-415(B) SHALL BE
COUNTED AS ONE (1) MANUFACTURER.
(b) The local licensing authority may , but is not required to hold a hearing as
permitted by C.R.S. § 12-43 .3-302 prior to granting a medical marijuana
license.
(C) THE LOCAL LICENSING AUTHORITY SHALL ADMINISTER THE
MAXIMUM NUMBER OF LICENSED LOCATIONS AS FOLLOWS :
(1) WHEN A LICENSE BECOMES AVAILABLE WITHIN THE MAXIMUM
NUMBERS ESTABLISHED BY PARAGRAPH (A)(7) ABOVE , THE
CITY SHALL DECLARE THAT A VACANCY EXISTS AND PUBLISH
NOTICE OF THE VACANCY ON THE CITY 'S WEBSITE AND POST
SUCH NOTICE AT THE CITY 'S OFFICIAL POSTING PLACES . THE
DETERMINATION AND DECLARATION OF A VACANCY SHALL BE
IN THE CITY 'S SOLE AND ABSOLUTE DISCRETION . THE NOTICE
OF VACANCY SHALL PROVIDE THAT INTERESTED PARTIES
MUST FILE A LETTER OF INTENT WITH THE CITY WITHIN THIRTY
(30) DAYS OF THE DATE OF NOTICE .
(2) THE CITY SHALL ACCEPT LETTERS OF INTENT FROM
INTERESTED PARTIES FOR THIRTY (30) DAYS FROM THE DATE
3
OF THE NOTICE OF VACANCY. LETTERS OF INTENT MUST
INCLUDE, AT A MINIMUM , THE FOLLOWING INFORMATION:
A. THE TYPE OF MEDICAL MARIJUANA ESTABLISHMENT OR
RETAIL MARIJUANA ESTABLISHMENT PROPOSED. THE
PROPOSED ESTABLISHMENT MUST BE ONE ELIGIBLE TO
OBTAIN A CITY LICENSE PURSUANT TO ARTICLES XII
AND/OR XIII OF CHAPTER 11.
B. THE PROPOSED LOCATION OF THE ESTABLISHMENT.
C. WRITTEN PERMISSION OF THE OWNER OF THE PROPERTY ,
IF THE OWNER IS NOT THE INTERESTED PARTY, TO
CONDUCT THE PROPOSED ESTABLISHMENT AT THE
LOCATION.
(3) IF MORE THAN ONE (1) COMPLETE LETTER OF INTENT IS
TIMELY FILED , THE CITY SHALL SELECT ONE (1) LETTER TO
CONTINUE PROCESSING BY LOTTERY. ALL POTENTIAL
APPLICANTS IN THE LOTTERY SHALL BE NOTIFIED OF THE TIME
AND PLACE THAT LOTS SHALL BE DRAWN AND MAY ATTEND
AND OBSERVE THE PROCESS. IF THE CITY DOES NOT RECEIVE
ANY LETTERS OF INTENT WITHIN THE INITIAL THIRTY (30) DAY
RESPONSE PERIOD , THE CITY SHALL MAINTAIN THE NOTICE OF
VACANCY ON THE CITY'S WEBSITE. THE NOTICE OF VACANCY
SHALL BE AMENDED TO REFLECT THAT THE INITIAL RESPONSE
PERIOD HAS LAPSED AND THAT LETTERS OF INTENT WILL NOW
BE ACCEPTED AND PROCESSED BY THE CITY IN THE ORDER
RECEIVED . IF MORE THAN ONE LETTER OF INTENT IS
THEREAFTER RECEIVED BY CITY ON THE SAME DATE , THE
LOTTERY PROCESS SET FORTH ABOVE SHALL BE USED TO
SELECT ONE (1) LETTER TO CONTINUE PROCESSING .
(4) THE SOLE OR SELECTED APPLICANT MUST FILE A COMPLETE
LICENSE APPLICATION AS REQUIRED BY CHAPTER 11 AND A
COMPLETE SPECIAL USE PERMIT APPLICATION , IF REQUIRED
PURSUANT TO SECTION 26-204, WITHIN SIXTY (60) DAYS OF:
A. THE DATE THE APPLICANT IS SELECTED BY LOTTERY , IF SO
SELECTED;
B. THE EXPIRATION OF THE INITIAL THIRTY (30) DAY RESPONSE
PERIOD IF THE APPLICANT IS THE ONLY PARTY THAT HAS
FILED A TIMELY LETTER OF INTENT; OR
4
C. THE DATE OF THE APPLICANT'S LETTER OF INTENT IF
SUBMITTED AFTER THE INITIAL THIRTY (30) DAY RESPONSE
PERIOD.
(5) THE SOLE OR SELECTED APPLICANT MUST OBTAIN THE CITY
BUSINESS LICENSE REQUIRED BY CHAPTER 11 AND OBTAIN A
SPECIAL USE PERMIT, IF REQUIRED BY SECTION 26-204, WITHIN
ONE HUNDRED EIGHTY (180) DAYS OF THE APPLICABLE DATE
SET FORTH UNDER PARAGRAPH (C)(4) ABOVE.
(6) AN APPLICANT'S FAILURE TO MEET THE DEADLINES SET
FORTH UNDER THIS SUBSECTION OR TO TIMELY FILE THE
MATERIALS AND INFORMATION NECESSARY TO COMPLY WITH
THE SPECIAL USE PERMIT PROCESS, IF APPLICABLE, OR THE
CITY BUSINESS LICENSE PROCESS, AS DETERMINED BY THE
CITY IN ITS ABSOLUTE AND SOLE DISCRETION, SHALL RESULT
IN THE REJECTION OF HIS OR HER APPLICATION AND THE
GENERATION OF A NEW NOTICE OF VACANCY, IN
ACCORDANCE WITH PARAGRAPH (C)(1) ABOVE.
Section 3. Subsection 11-305 of the Code, concerning prohibited locations of
medical marijuana businesses, is hereby amended as follows:
Sec. 11-305.-Prohibited locations.
(a) Except as provided in subsection (g) of this section, no medical marijuana
establishment shall be located at a location that does not conform to the
requirements of this section.
(b) No medical marijuana center or medical marijuana-infused product
manufacturer shall be located within one thousand (1 ,000) feet of a
school, an alcohol or drug treatment facility, or the principal campus of a
college, university, or seminary, or a residential child care facility. NO
MEDICAL MARIJUANA CENTER SHALL BE LOCATED WITHIN ONE
THOUSAND (1,000) FEET OF AN IMPROVED CITY PARK OR THE
WHEAT RIDGE RECREATION CENTER. FOR PURPOSES OF THIS
SUBSECTION, IMPROVED CITY PARK DOES NOT MEAN OR
INCLUDE PROPERTIES HELD BY THE CITY AND/OR JEFFERSON
COUNTY FOR THE PURPOSES OF PASSIVE RECREATION,
INCLUDING BUT NOT LIMITED TO THE CLEAR CREEK GREENBELT.
+Rfs THESE limitationS will be computed by direct AERIAL measurement
from the nearest property line of the land used for a school, treatment
facility, campus, 9f residential child care facility, IMPROVED CITY PARK
OR THE WHEAT RIDGE RECREATION CENTER to the nearest
PROPERTY LINE OF THE LAND ON portion of the building in which the
center or manufacturer is to be located, using the most direct route of
5
pedestrian access , as determined by the community development director.
Medical marijuana establishments that were lawfully in existence at a
specific location within the city as of the effective date of this section shall
not be subject to the prohibition at that location.
(c) No medical marijuana center shall be located within three-quarters (:X) of
a mile of another medical marijuana center or within three-quarters (:X) of
a mile of a retail marijuana store unless the medical marijuana center and
the retail marijuana store are operating a dual retail business as described
in section 11-415 . This limitation will be measured using a straight
DIRECT AERIAL line from the perimeter of the parcel where a proposed
medical marijuana center will be located to the perimeter of the parcel
upon which the existing center or store is located. Medical marijuana
establishments that were lawfully in existence at a specific location within
the city as of the effective date of this section shall not be subject to the
prohibition at that location .
(d) No medical marijuana-infused product manufacturer shall be located
within one-quarter ('~) of a mile of another medical marijuana-infused
product manufacturer or a retail marijuana products manufacturer unless
the medical marijuana-infused product manufacturer and retail marijuana
products manufacturer are operating as a dual manufacturing business as
described in section 11-415. This limitation will be measured using a
straight DIRECT AERIAL line from the perimeter of the parcel where a
proposed manufacturer will be located to the perimeter of the parcel upon
which the existing medical marijuana-infused product manufacturer or a
retail marijuana products manufacturer is located.
(e) No person shall operate an optional premises cultivation operation within
the city unless the licensed premises of the person's optional premises
cultivation operation are contiguous with the licensed premises of the
person's medical marijuana center license and/or the person's medical
marijuana-infused products manufacturing license . THE GROSS
SQUARE FOOTAGE OF AN OPTIONAL PREMISES CULTIVATION
OPERATION MAY NOT EXCEED FIVE THOUSAND (5,000) SQUARE
FEET ON THE LICENSED PREMISE. SEE , SECTION 26-204.
(f) Each medical marijuana establishment shall be operated from a
permanent location. Except as permitted by the Medical Marijuana Code,
no medical marijuana establishment shall be licensed to operate from a
moveable , mobile , or transitory location.
(g) The suitability of a location for a medical marijuana establishment shall be
determined at the time of the issuance of the first license for such
establishment. The fact that changes in the neighborhood that occur after
the issuance of the first license might render the site unsuitable for a
6
medical marijuana establishment under this section shall not be grounds
to suspend , revoke , or refuse to renew the license for such establishment
so long as the license for the establishment remains in effect.
Section 4. Section 11-306 of the Code , concerning signage requ irements for
medical marijuana businesses, is hereby amended as follows :
Sec. 11-306.-Signage.
(a) All signage for a medical marijuana establishment shall comply with
the requirements of chapter 26 of this Code.
(b) No licensee shall display a sign for the medical marijuana
establishment that contains the word "marijuana ," "cannabis," or any
other word or phrase commonly understood to refer to marijuana
unless such word or phrase is immediately preceded or followed by the
word "medical." EXCEPT AS OTHERWISE PROVIDED HEREIN, IT
SHALL BE UNLAWFUL FOR ANY MEDICAL MARIJUANA
ESTABLISHMENT TO ENGAGE IN ADVERTISING THAT IS VISIBLE
TO MEMBERS OF THE PUBLIC FROM ANY STREET , SIDEWALK,
PARK OR OTHER PUBLIC PLACE , INCLUDING ADVERTISING
UTILIZING ANY OF THE FOLLOWING MEDIA : ANY BILLBOARD OR
OTHER OUTDOOR GENERAL ADVERTISING DEVICE ; ANY SIGN
MOUNTED ON A VEHICLE ; ANY HAND-HELD OR OTHER
PORTABLE SIGN; OR ANY HANDBILL, LEAFLET OR FLIER
DIRECTLY HANDED TO ANY PERSON IN A PUBLIC PLACE , LEFT
UPON A MOTOR VEHICLE, OR POSTED UPON ANY PUBLIC OR
PRIVATE PROPERTY WITHOUT THE CONSENT OF THE
PROPERTY OWNER. THESE PROHIBITIONS SHALL NOT APPLY
TO ANY FIXED SIGN THAT IS LOCATED ON THE SAME LOT AS A
MEDICAL MARIJUANA ESTABLISHMENT AND THAT EXISTS
SOLELY FOR THE PURPOSE OF IDENTIFYING THE LOCATION OF
THE MEDICAL MARIJUANA ESTABLISHMENT AND OTHERWISE
COMPLIES WITH ALL APPLICABLE REQUIREMENTS OF THIS
CODE .
(C) A MEDICAL MARIJUANA ESTABLISHMENT SHALL NOT INCLUDE
IN ANY FORM OF SIGNAGE ANY CONTENT THAT SPECIFICALLY
TARGETS INDIVIDUALS UNDER THE AGE OF 21 , INCLUDING BUT
NOT LIMITED TO CARTOON CHARACTERS OR SIMILAR IMAGES.
(D) A MEDICAL MARIJUANA ESTABLISHMENT SHALL NOT INCLUDE
IN ANY FORM OF SIGNAGE ANY CONTENT THAT IS DECEPTIVE ,
FALSE , OR MISLEADING.
7
(E) A MEDICAL MARIJUANA ESTABLISHMENT SHALL NOT DISPLAY A
SIGN THAT DEPICTS THE LEAF OF THE MARIJUANA PLANT OR
AN IMAGE RESEMBLING THE SAME.
(F) A MEDICAL MARIJUANA ESTABLISHMENT SHALL NOT DISPLAY A
SIGN THAT CONTAINS A GREEN CROSS GRAPHIC IN EXCESS
OF TWO (2) FEET HIGH BY TWO (2) FEET WIDE.
Section 5. Section 11-406 of the Code , concerning application for a retail
marijuana business license , is hereby amended as follows :
Sec. 11-406. -Application for license.
(a) A person seeking to obtain a license pursuant to this division shall file
an application with the local licensing authority on a form provided by
the state, A SIGN APPLICATION and shall include all additional
information required by the Colorado Retail Marijuana Code. IF
PROPOSED SIGNAGE IS NOT AVAILABLE AT THE TIME OF
INITIAL APPLICATION, AN APPLICANT MAY FILE THE SIGN
APPLICATION AS SOON AS PRACTICAL. NO PERMANENT OR
TEMPORARY SIGNAGE MAY BE INSTALLED OR LOCATED ON
THE PROPERTY UNTIL APPROVED BY THE CITY . SEE SECTION
26-708 .H.
(b) The local licensing authority is hereby authorized to request any
applicant to provide information that is in addition to the requirements
of the Colorado Medical Marijuana Code if it determines that such
information is reasonably necessary to complete the investigation and
review of the application.
Section 6. Section 11-408 of the Code, concerning the issuance of retail
marijuana business licenses, is hereby amended as follows:
Sec. 11-408. -Standards for approval of license, no hearing required;
MAXIMUM NUMBER OF LICENSES.
(a) The local licensing authority is authorized to administratively approve any
license under this article so long as the following conditions are met:
(1) The application (including any required attachments and submissions)
is complete and signed by the applicant;
(2) The applicant has paid the operating fee and any other fees required
by this Code;
8
(3) The application does not contain a material falsehood or
misrepresentation;
(4) The application complies with all of the requirements of this article and
the Colorado Retail Marijuana Code; aR9
(5) The licensing authority has received written approval from the city
police department as to the applicant's criminal background -: ;
(6) The licensing authority has received written approval from the
community development department that the location and zoning
requirements imposed by this article and section 26-204 of the Code
have been met ; AND
(7) THE PROPOSED LOCATION, IF APPROVED, WILL NOT EXCEED
THE MAXIMUM NUMBER OF LICENSED LOCATIONS PERMITTED
IN THE CITY.
a. THE MAXIMUM TOTAL NUMBER OF RETAIL MARIJUANA
STORES AND MEDICAL MARIJUANA CENTERS IN THE CITY
SHALL NOT EXCEED FIVE (5). FOR PURPOSES OF THIS
PARAGRAPH, A RETAIL MARIJUANA STORE AND A
MEDICAL MARIJUANA CENTER COLLOCATED IN
ACCORDANCE WITH SECTION 11-415(C) SHALL BE
COUNTED AS ONE (1) STORE/CENTER.
b. THE MAXIMUM TOTAL NUMBER OF RETAIL MARIJUANA
PRODUCTS MANUFACTURERS AND MEDICAL IN THE CITY
SHALL NOT EXCEED THREE (3). FOR PURPOSES OF THIS
PARAGRAPH , A RETAIL MARIJUANA PRODUCTS
MANUFACTURER AND A MEDICAL MARIJUANA-INFUSED
PRODUCT MANUFACTURER COLLOCATED IN
ACCORDANCE WITH SECTION 11-415(B) SHALL BE
COUNTED AS ONE (1) MANUFACTURER.
(b) The local licensing authority may, but is not required to hold a hearing as
permitted by C.R.S . § 12-43.4-412 prior to granting a retail marijuana
establishment license .
(c) The local licensing authority shall inform the state licensing authority of
approval of an application for a license.
(D) THE LOCAL LICENSING AUTHORITY SHALL ADMINISTER THE
MAXIMUM NUMBER OF LICENSED LOCATIONS AS FOLLOWS:
9
(1) WHEN A LICENSE BECOMES AVAILABLE WITHIN THE MAXIMUM
NUMBERS ESTABLISHED BY PARAGRAPH (A)(?) ABOVE , THE
CITY SHALL DECLARE THAT A VACANCY EXISTS AND PUBLISH
NOTICE OF THE VACANCY ON THE CITY'S WEBSITE AND POST
SUCH NOTICE AT THE CITY 'S OFFICIAL POSTING PLACES. THE
DETERMINATION AND DECLARATION OF A VACANCY SHALL BE
IN THE CITY'S SOLE AND ABSOLUTE DISCRETION . THE NOTICE
OF VACANCY SHALL PROVIDE THAT INTERESTED PARTIES
MUST FILE A LETIER OF INTENT WITH THE CITY WITHIN THIRTY
(30) DAYS OF THE DATE OF NOTICE.
(2) THE CITY SHALL ACCEPT LETIERS OF INTENT FROM
INTERESTED PARTIES FOR THIRTY (30) DAYS FROM THE DATE
OF THE NOTICE OF VACANCY. LETIERS OF INTENT MUST
INCLUDE , AT A MINIMUM , THE FOLLOWING INFORMATION:
A. THE TYPE OF MEDICAL MARIJUANA ESTABLISHMENT OR
RETAIL MARIJUANA ESTABLISHMENT PROPOSED. THE
PROPOSED ESTABLISHMENT MUST BE ONE ELIGIBLE TO
OBTAIN A CITY LICENSE PURSUANT TO ARTICLES XII
AND /OR XIII OF CHAPTER 11.
B. THE PROPOSED LOCATION OF THE ESTABLISHMENT.
C. WRITIEN PERMISSION OF THE OWNER OF THE PROPERTY ,
IF THE OWNER IS NOT THE INTERESTED PARTY , TO
CONDUCT THE PROPOSED ESTABLISHMENT AT THE
LOCATION.
(3) IF MORE THAN ONE (1) COMPLETE LETIER OF INTENT IS
TIMELY FILED , THE CITY SHALL SELECT ONE (1) LETIER TO
CONTINUE PROCESSING BY LOTIERY. ALL POTENTIAL
APPLICANTS IN THE LOTTERY SHALL BE NOTIFIED OF THE TIME
AND PLACE THAT LOTS SHALL BE DRAWN AND MAY ATTEND
AND OBSERVE THE PROCESS . IF THE CITY DOES NOT RECEIVE
ANY LETTERS OF INTENT WITHIN THE INITIAL THIRTY (30) DAY
RESPONSE PERIOD, THE CITY SHALL MAINTAIN THE NOTICE OF
VACANCY ON THE CITY'S WEBSITE. THE NOTICE OF VACANCY
SHALL BE AMENDED TO REFLECT THAT THE INITIAL RESPONSE
PERIOD HAS LAPSED AND THAT LETIERS OF INTENT WILL NOW
BE ACCEPTED AND PROCESSED BY THE CITY IN THE ORDER
RECEIVED . IF MORE THAN ONE LETIER OF INTENT IS
THEREAFTER RECEIVED BY CITY ON THE SAME DATE , THE
LOTTERY PROCESS SET FORTH ABOVE SHALL BE USED TO
SELECT ONE (1) LETIER TO CONTINUE PROCESSING .
10
(4) THE SOLE OR SELECTED APPLICANT MUST FILE A COMPLETE
LICENSE APPLICATION AS REQUIRED BY CHAPTER 11 AND A
COMPLETE SPECIAL USE PERMIT APPLICATION, IF REQUIRED
PURSUANT TO SECTION 26-204, WITHIN SIXTY (60) DAYS OF:
A. THE DATE THE APPLICANT IS SELECTED BY LOTTERY, IF SO
SELECTED;
B. THE EXPIRATION OF THE INITIAL THIRTY (30) DAY RESPONSE
PERIOD IF THE APPLICANT IS THE ONLY PARTY THAT HAS
FILED A TIMELY LETTER OF INTENT; OR
C. THE DATE OF THE APPLICANT'S LETTER OF INTENT IF
SUBMITTED AFTER THE INITIAL THIRTY (30) DAY RESPONSE
PERIOD.
(5) THE SOLE OR SELECTED APPLICANT MUST OBTAIN THE CITY
BUSINESS LICENSE REQUIRED BY CHAPTER 11 AND OBTAIN A
SPECIAL USE PERMIT, IF REQUIRED BY SECTION 26-204, WITHIN
ONE HUNDRED EIGHTY (180) DAYS OF THE APPLICABLE DATE
SET FORTH UNDER PARAGRAPH (D)(4) ABOVE.
(6) AN APPLICANT'S FAILURE TO MEET THE DEADLINES SET FORTH
UNDER THIS SUBSECTION (D) OR TO TIMELY FILE THE MATERIALS AND
INFORMATION NECESSARY TO COMPLY WITH THE SPECIAL USE PERMIT
PROCESS, IF APPLICABLE, OR THE CITY BUSINESS LICENSE PROCESS, AS
DETERMINED BY THE CITY IN ITS ABSOLUTE AND SOLE DISCRETION, SHALL
RESULT IN THE REJECTION OF HIS OR HER APPLICATION AND THE
GENERATION OF A NEW NOTICE OF VACANCY, IN ACCORDANCE WITH
PARAGRAPH (D)(1) ABOVE.
Section 7. Section 11-416 of the Code, concerning prohibited locations of retail
marijuana businesses, is hereby amended as follows:
Sec. 11-416. -Prohibited locations.
(a) Except as provided in subsection (h) of this section, no retail marijuana
establishment shall be located at a location that does not conform to the
requirements of this section.
(b) No retail marijuana store or retail marijuana products manufacturer
shall be located within one thousand (1 ,000) feet of a school, an alcohol
or drug treatment facility, or the principal campus of a college, university,
or seminary, or a residential child care facility. NO RETAIL MARIJUANA
STORE SHALL BE LOCATED WITHIN ONE THOUSAND (1 ,000) FEET
OF AN IMPROVED CITY PARK OR THE WHEAT RIDGE RECREATION
CENTER. FOR PURPOSES OF THIS SUBSECTION , IMPROVED CITY
11
PARK DOES NOT MEAN OR INCLUDE PROPERTIES HELD BY THE
CITY AND/OR JEFFERSON COUNTY FOR THE PURPOSES OF
PASSIVE RECREATION, INCLUDING BUT NOT LIMITED TO THE
CLEAR CREEK GREENBELT. +Rfs THESE limitationS will be computed
by direct AERIAL measurement from the nearest property line of the land
used for a school, alcohol or drug treatment facility, or the principal
campus of a college, university, or seminary, or a residential child care
facility, OR AN IMPROVED CITY PARK OR THE WHEAT RIDGE
RECREATION CENTER to the nearest portion of the building in
PROPERTY LINE OF THE LAND ON which the store or manufacturer is
to be located , using the most direct route of pedestrian access, as
determined by the community development director.
(c) No retail marijuana store shall be located within three-quarters(%) of a
mile of another retail marijuana store. This limitation will be measured
using a straight DIRECT AERIAL line from the perimeter of the parcel
where a proposed retail marijuana store will be located to the perimeter of
the parcel upon which the existing retail marijuana store is located . This
limitation shall apply to retail marijuana stores whether they ARE located
within or outside of the city limits.
(d) No retail marijuana store shall be located within three-quarters(%) of a
mile of a medical marijuana center unless the retail marijuana store and
the medical marijuana center are operating a dual retail business as
described in section 11-415 . This limitation will be measured using a
straight DIRECT AERIAL line from the perimeter of the parcel where a
proposed retail marijuana store will be located to the perimeter of the
parcel upon which the existing medical marijuana center is located. This
limitation shall apply to retail marijuana stores and medical marijuana
centers whether they are located within or outside of the city limits.
(e) No retail marijuana products manufacturer shall be located within one-
quarter ('!4) of a mile of another retail marijuana products manufacturer or
medical marijuana-infused product manufacturer unless the medical
marijuana-infused product manufacturer and retail marijuana products
manufacturer are operating as a dual manufacturing business as
described in section 11-415. This limitation will be measured using a
straight DIRECT AERIAL line from the perimeter of the parcel where a
proposed retail marijuana products manufacturer will be located to the
perimeter of the parcel upon which the existing retail marijuana products
manufacturer or medical marijuana-infused product manufacturer is
located .
(f) No person shall operate a retail marijuana cultivation facility within the city
unless the licensed premises of the person's retail marijuana cultivation
facility are contiguous with the licensed premises of the person's retail
12
marijuana store license and/or the person's retail marijuana products
manufacturing license. THE GROSS SQUARE FOOTAGE OF A RETAIL
MARIJUANA CULTIVATION FACILITY MAY NOT EXCEED FIVE
THOUSAND (5 ,000) SQUARE FEET ON THE LICENSED PREMISE.
SEE , SECTION 26-204 .
(g) Each retail marijuana establishment shall be operated from a permanent
location. No retail marijuana establishment shall be licensed to operate
from a moveable, mobile, or transitory location.
(h) The suitability of a location for a retail marijuana establishment shall be
determined at the time of the issuance of the first license for such
establishment.. The fact that changes in the neighborhood that occur after
the issuance of the first license might render the site unsuitable for a retail
marijuana establishment under this section shall not be grounds to
suspend , revoke or refuse to renew the license for such establishment so
long as the license for the establishment remains in effect.
Section 8. Section 11-417 of the Code , concerning signage requirements for
retail marijuana businesses , is hereby amended as follows:
Sec. 11-417. -Signage.
(A) All signage for a retail marijuana establishment shall comply with the
requirements of Chapter 26 of this Code and the Colorado Retail
Marijuana Code.
(B) EXCEPT AS OTHERWISE PROVIDED HEREIN , IT SHALL BE
UNLAWFUL FOR ANY RETAIL MARIJUANA ESTABLISHMENT TO
ENGAGE IN ADVERTISING THAT IS VISIBLE TO MEMBERS OF
THE PUBLIC FROM ANY STREET, SIDEWALK, PARK OR OTHER
PUBLIC PLACE , INCLUDING ADVERTISING UTILIZING ANY OF
THE FOLLOWING MEDIA: ANY BILLBOARD OR OTHER OUTDOOR
GENERAL ADVERTISING DEVICE ; ANY SIGN MOUNTED ON A
VEHICLE; ANY HAND-HELD OR OTHER PORTABLE SIGN ; OR ANY
HANDBILL , LEAFLET OR FLIER DIRECTLY HANDED TO ANY
PERSON IN A PUBLIC PLACE , LEFT UPON A MOTOR VEHICLE ,
OR POSTED UPON ANY PUBLIC OR PRIVATE PROPERTY
WITHOUT THE CONSENT OF THE PROPERTY OWNER. THESE
PROHIBITIONS SHALL NOT APPLY TO ANY FIXED SIGN THAT IS
LOCATED ON THE SAME LOT AS A RETAIL MARIJUANA
ESTABLISHMENT AND THAT EXISTS SOLELY FOR THE PURPOSE
OF IDENTIFYING THE LOCATION OF THE RETAIL MARIJUANA
ESTABLISHMENT AND OTHERWISE COMPLIES WITH ALL
APPLICABLE REQUIREMENTS OF THIS CODE.
13
(C) A RETAIL MARIJUANA ESTABLISHMENT SHALL NOT INCLUDE IN
ANY FORM OF SIGNAGE ANY CONTENT THAT SPECIFICALLY
TARGETS INDIVIDUALS UNDER THE AGE OF 21, INCLUDING BUT
NOT LIMITED TO CARTOON CHARACTERS OR SIMILAR IMAGES.
(D) A RETAIL MARIJUANA ESTABLISHMENT SHALL NOT INCLUDE IN
ANY FORM OF SIGNAGE ANY CONTENT THAT IS DECEPTIVE ,
FALSE , OR MISLEADING .
(E) A RETAIL MARIJUANA ESTABLISHMENT SHALL NOT DISPLAY A
SIGN THAT DEPICTS THE LEAF OF THE MARIJUANA PLANT OR
AN IMAGE RESEMBLING THE SAME.
(F) A RETAIL MARIJUANA ESTABLISHMENT SHALL NOT DISPLAY A
SIGN THAT CONTAINS A GREEN CROSS GRAPHIC IN EXCESS
OF TWO (2) FEET HIGH BY TWO (2) FEET WIDE.
Section 9. Section 26-204 of the Code, concerning the zone district use
schedule, is hereby amended by amending the following portions of the Table of Uses-
Commercial and Industrial Districts as follows :
Table of Uses-Commercial and Industrial Districts
Uses Notes NC RC C-1 C-2 IE
Medical marijuana centers SUPS NOT p s p
TRANSFERAB
LE WITHOUT
CITY
APPROVAL.
SEE§ 26-
114.G .2.
Medical Marijuana -5,000
Optional premises SQUARE PS p
cultivation operat ion FEET
ASSOCIATED WITH MAXIMUM ;
MEDICAL MARIJUANA SEE§ 11-
CENTERS 305(E)
MEDICAL MARIJUANA-5,000 p
OPTIONAL PREMISES SQUARE
CULTIVATION FEET
OPERATION MAXIMUM ;
ASSOCIATED WITH SEE§11-
MEDICAL MARIJUANA 305(E)
INFUSED PRODUCTS
MANUFACTURERS
Retail marijuana cultivation 5,000 PS p
fac ili ty ASSOCIATED SQUARE
WITH RETAIL FEET
MARIJUANA CENTERS MAXIMUM ;
SEE§ 11-
416(F)
14
RET AIL MARIJUANA 5,000 p
CULTIVATION FACILITY SQUARE
ASSOCIATED WITH FEET
RETAIL MARIJUANA MAXIMUM ;
PRODUCT SEE § 11-
MANUFACTURERS 416(F)
Re tail marijuana stores SUPS NOT PS p
TRANSFERAB
LE WITHOUT
CITY
APPROVAL.
SEE § 26-
114.G.2.
Section 10. Subsection 26-114.G. of the Code, concerning the term of special
uses , is hereby amended as follows :
G. Term .
1. A special use permit is valid so long as the conditions of approval are
maintained by the applicant, unless a specific time limit for the use or
development is set forth as part of the permit approval by the
community development director or city council. EXCEPT AS
OTHERWISE PROVIDED HEREIN, If an approved special use ceases
operation for any reason for a period of one ( 1) year , the special use
permit shall be deemed expired, unless otherwise provided in the
permit itself. IF AN APPROVED SPECIAL USE FOR A MEDICAL
MARIJUANA CENTER, RETAIL MARIJUANA STORE OR
COLLOCATED CENTER AND STORE CEASES OPERATION FOR
ANY REASON FOR A PERIOD OF SIX (6) MONTHS, THE SPECIAL
USE PERMIT SHALL BE DEEMED EXPIRED , UNLESS OTHERWISE
PROVIDED IN THE PERMIT ITSELF .
2. If the conditions of a special use permit become the responsibility of a
person or entity other than the applicant, the community development
department shall be notified in writing , identifying the new person or
entity responsible for maintaining the conditions of the permit. Until
such notice is received, the applicant shall remain responsible for
maintaining those conditions. The notice shall be attached to the
permit on file with the community development department. A
SPECIAL USE PERMIT FOR A MEDICAL MARIJUANA CENTER, A
RETAIL MARIJUANA STORE OR A COLLOCATED CENTER AND
STORE MAY BE TRANSFERRED TO A PERSON OR ENTITY
OTHER THAN THE ORIGINAL APPLICANT ONLY UPON THE
REVIEW AND APPROVAL OF THE COMMUNITY DEVELOPMENT
DIRECTOR. IT SHALL BE THE BURDEN OF THE PROPOSED NEW
PERMIT HOLDER TO DEMONSTRATE THAT ITS CONTINUATION
15
OF THE SPECIAL USE SHALL MEET THE SPECIAL USE REVIEW
CRITERIA SET FORTH IN SECTION 26-114.D.
Section 11. Section 26-708 of the Code , concerning miscellaneous sign code
provisions , is hereby amended by the addition of a new subsection H, to read in its
entirety as follows :
H. Signs for marijuana-related businesses . No permanent or
temporary sign associated with a marijuana -related business
licensed pursuant to Articles XII and/or XIII of Chapter 11 may be
installed or located until reviewed and approved by the City . See ,
Sections 11-296 , 11-306 , 11-406 and 11-417
Section 12. Subsection 5-78(b) of the Code , concerning local amendments to
the 2012 International Mechanical Code , is hereby amended by amending the following
amendment set forth thereunder, as follows:
502 .20 Marijuana related occupancies . Add the following section :
502.20 Marijuana related occupancies. Occupancies involved
in the sale , transfer, packaging , processing , cultivation ,
production , extraction or destruction of plants and their parts ,
devices designed for the use of marijuana and marijuana
products , products containing marijuana and hash oil , hash oil
or other marijuana related operations and activities shall provide
an approved source capture system capable of removing
particulate and odors as required to achieve levels that do not
constitute as nuisance to adjacent occupants , structures and
properties . For the purpose of application of requirements of this
code , occupancies involved in the water-based AND
NONCOMBUSTIBLE SOLVENT-BASED extraction of hash oil
shall be considered to be hazardous occupancies and shall be
subject to the requirements for such occupancies as set forth in
this code. ALL OTHER Occupancies involved in the solvent
based extraction of hash oil are not permitted.
Section 13. Severability, Conflicting Ordinances Repealed. If any section ,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid , the validity of the remaining sections , subsections and clauses shall
not be affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed .
Section 14. Moratorium Repealed The temporary moratorium on certain City
approvals necessary to establish and operate marijuana establishments in the City ,
originally imposed by Ordinance No. 1554 on August 18 , 2014 , and as extended by
Ordinance No. 1560 on October 27 , 2014 , is hereby repealed.
16
Section 15. Effective Date. This Ordinance shall take effect upon adoption and
signature of the Mayor, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on
this 12th day of January, 2015, ordered published in full in a newspaper of general
circulation in the City of Wheat Ridge, and Public Hearing and consideration on final
passage set for January 26 , 2015, at 7:00 p.m., in the Council Chambers, 7500 West
29 1h Avenue, Wheat Ridge, Colorado .
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of_ to _, this day of , 2015.
SIGNED by the Mayor on this __ day of _____ , 2015 .
ATTEST:
Janelle Shaver, City Clerk
First Publication: January 15, 2015
Second Publication:
Wheat Ridge Transcript
Effective Date:
Joyce Jay, Mayor
Approved as to Form
Gerald E. Dahl, City Attorney
17
EXHIBIT A
Second Reading Amendments
Council Bill No. 2, Series 2015 -Marijuana Establishment Regulations
1. In Section 3, amend the last line of Subsection 11-305(e) to read:
THE TOTAL COMBINED GROSS SQUARE FOOTAGE OF AN OPTIONAL
PREMISES CULTIVATION OPERATION AND ANY RETAIL MARIJUANA
CULTIVATION FACILITY COLLOCATED THEREWITH MAY NOT EXCEED
FIVE THOUSAND (5,000) SQUARE FEET ON THE LICENSED PREMISE.
SEE, SECTION 26-204.
2. In Section 4, amend Subsection 11-306(b) by deleting the words "WITHOUT THE
CONSENT OF THE PROPERTY OWNER."
3. In Section 5, amend Subsection 11-406(b) by deleting the word "Medical" and
replacing it with "RETAIL."
4. In Section 7, amend the last line of Subsection 11-416(f) to read:
THE TOTAL COMBINED GROSS SQUARE FOOTAGE OF A RETAIL
MARIJUANA CULTIVATION FACILITY AND ANY OPTIONAL PREMISES
CULTIVATION OPERATION COLLOCATED THEREWITH MAY NOT EXCEED
FIVE THOUSAND (5,000) SQUARE FEET ON THE LICENSED PREMISE.
SEE, SECTION 26-204.
5. In Section 8, amend Subsection 11-417(b) by deleting the words "WITHOUT THE
CONSENT OF THE PROPERTY OWNER."
6. In Section 9, amend the "Notes" column in the Table of Uses chart for all four (4)
categories of cultivation uses by inserting the words "COMBINED TOTAL" after
"5,000" and before "SQUARE FEET."
7. Add a new Section 16 that amends Paragraph 6 of Subsection 26-120.C. of the
Code by adding the words "EXCEPT AS OTHERWISE PROVIDED HEREIN," to the
beginning of the first sentence and by inserting the following sentence after the end
of the first sentence: "NONCONFORMING MEDICAL MARIJUANA
ESTABLISHMENT USES AND RETAIL MARIJUANA ESTABLISHMENT USES
MAY NOT RESUME IN THE SAME LOCATION AFTER SUCH NONCONFORMING
USE HAS BEEN DISCONTINUED FOR A PERIOD OF SIX (6) CONSECUTIVE
MONTHS."
Attachment 2
Summary of Planning Commission action on Case No. ZOA-14-06
Public Hearing January 15, 2015
Ms. Mikulak presented the case. She entered into the record the contents of the case file , the
zoning ordinance, and the digital presentation. She stated the public noticing and posting
requirements have been met. Planning Commission will make a recommendation to City
Council which is the final authority. She stated that the ordinance includes revisions to several
chapters of the municipal code ; Planning Commission has jurisdiction over the amendments in
Chapter 26. The purpose of the amendment is to allow the existing five stores and three infused
product manufacturers in the City; to modify the approval process for new stores in the future
and to review all types of signage, permanent and temporary. During the presentation Ms.
Mikulak distributed one page of proposed amendments that had been prepared by the City
Attorney 's office. These were entered into the record as Exhibit A.
After the staff presentation, Commissioner OHM asked if the modifications to Chapter 5 and to
the building codes are consistent with state requirements for building safety. Ms. Mikulak
indicated that the 2012 IBC codes included local amendments related to ventilation for marijuana
businesses that go beyond state requirements .
In response to a question from Commissioner TIMMS , Ms. Mikulak indicated that the policy
decision to make marijuana stores a special use had been discussed at the December 1 City
Council study session. In response to another question from Commissioner TIMMS , she did not
know what the vote of Council had been at the first reading of the ordinance.
Commissioner WEAVER asked why the cap had been set at 5 stores. Ms. Mikulak stated that
the cap of 5 aligns with the existing conditions, and noted that the moratorium had been
instituted when there were public concerns over the potential opening of a 6th location.
Commissioner WEAVER asked if there was a similar cap for liquor stores , to which Ms.
Mikulak responded she was not aware of such a limit.
Commissioner BUCKNAM asked for clarity on why marijuana-related advertising is subject to
restrictive sign regulations and asked if these regulations were optional or mandated by the state.
Ms. Mikulak explained the City Attorney has opined that municipalities can regulated the
content , words , and images appearing in marijuana related signage, but cities have the option of
locally adopting such regulations.
Commissioner BUCKNAM expressed concern that marijuana related businesses were being
regulated differently and more strictly than liquor stores. He noted that that separation from
parks and the aerial measurement method created a more exclusionary environment. In response
to his question , Ms . Mikulak indicated that the new separation from parks was based on public
concerns and the proximity between marijuana stores and places where children congregate.
Chair BRINKMAN asked again for clarity on which sign regulations were mandated by the state
and asked why they were being adopted locally. Ms. Mikulak explained that the state did not
appear to have the resources to enforce all sign-related regulations. By adopting this language
locally, there is clear jurisdiction for the City to enforce these regulations .
Attachment 3
In response to a question from Chair BRINKMAN, Ms. Mikulak indicated that the parks
separation does not consider whether or not a park property was purchased with GOCO funds.
Chair BRINKMAN asked staff to clarify which of the existing stores would become
nonconforming. Ms. Mikulak clarified that the store in the northwest comer of the City would
remain conforming because it is zoned 1-E; the other four stores would become legally
nonconforming. In response to another question, she also confirmed that if a property rezoned
from C-1 to a mixed use district they would no longer be an eligible site for a marijuana-related
business.
Chair BRINKMAN asked staff to explain why stores in other municipalities affect Wheat Ridge
and if the map showing separations would be changed or codified. Ms. Mikulak explained that
the %-mile buffer was a locally adopted separation requirement included in the original 2011
regulations. The original intent of the separation was to reduce the density of these stores, and
for this reason it has always been measured against stores within and outside of the City limits.
The map included with the packet is for illustrative purposes only. It will change as businesses
open and close; it is not being codified.
Chair BRINKMAN opened the public hearing. No one wished to speak. Chair BRINKMAN
closed the public hearing
It was moved by Commissioner TIMMS and seconded by Commissioner KIMSEY to
recommend approval of the proposed ordinance amending Chapters 5, 11, and 26 of the
Wheat Ridge Code of Laws concerning the regulation of medical marijuana establishments
and retail marijuana establishments with the amendments as shown in Exhibit A.
Commissioner BUCKNAM expressed his concern that there is a disparity in the regulation of
liquor stores and marijuana businesses given that both are regulated controlled substances. He
indicated his acceptance of the separation requirement already codified , but expressed
disagreement with the proposed separation from parks and recreation facilities that effectively
eliminate all eligible locations.
Commissioner BUCKNAM offered a friendly amendment to the main motion proposing
that the ordinance be adopted as written with the exception of the 1 000-foot parks and
recreation separation which he proposed be removed.
Ms. Reckert advised the Commission that they do not have jurisdiction over Chapter 11 in which
the parks separation is located ; she advised that all modifications by the Planning Commission be
made in Chapter 26.
Commissioner TIMMS did not accept the amendment.
Commissioner BUCKNAM stated that the purpose of the Commission is to assess land use
regulations as it relates to the City's zoning, and he opined that the separation requirements of
Chapter 11 are defacto zoning regulations and therefore withjn the jurisdiction of the Planning
2
Commission. He stated that the separation requirements effectively restrict land uses within a
properly zoned area further than the zoning regulations themselves. He clarified again his
acceptance of the existing separation requirements , and stated he is only seeking that the parks
and recreation separation be removed from the ordinance.
In response to a question from Commissioner WEAVER, Ms. Mikulak indicated that Chapter 11
pertains to businesses and licensing and does include regulations pertaining to the time, place,
and manner of business operations which can resemble the zoning regulations that appear in
Chapter 26.
Commissioner WEAVER seconded Commissioner BUCKNAM's friendly amendment.
Chair BRINKMAN called for a vote on the amendment proposed by Commissioner
BUCKNAM.
The amendment was approved 4-3 with Commissioners BRINKMAN, OHM, and TIMMS
voting no.
There was no additional discussion.
Chair BRINKMAN called for a vote on the amended motion; to recommend approval of
the proposed ordinance amending Chapters 5, 11, and 26 of the Wheat Ridge Code of Laws
concerning the regulation of medical marijuana establishments and retail marijuana
establishments amended to exclude the references to the parks buffer in Chapter 11 and to
include the Amendments in Exhibit A, Council Bill No. 2, Series 2015 -Marijuana
Establishment Regulations.
Motion approved 4-3 with Commissioners BRINKMAN, OHM, and TIMMS voting no.
3
... ~·~ .... ~ ,. City of • .. ~Wheat~dge ~OFFICE OF THE 0TY MANAGER
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
Memorandum
Mayor and City Council
Patrick Goff, City Manager
Gerald Dahl , City Attorney
Cannen Beery, City Attorney's Office
November 24 , 2014
Draft Ordinance Amending Marijuana Business Regulations
At your December 151 study session , you will review the draft ordinance prepared by staff in
response to direction previously given by Council in regards to marijuana business regulations.
This memorandum provides an executive summary of the ordinance and some additional
information and staff recommendations.
Section 1: The amendment to Code Section 11-296 requires applicants for medical marijuana
business licenses to file a sign application together with the general business license application .
Recognizing that signage may be one of the later details determined by a new business , the
added language also authorizes an applicant to provide the sign application as soon as practical ,
if not immediately available. The intent of this regulation is to confirm that proposed signage
and advertising is consistent with local and state regulations , in particular for sign types that
would not otherwise require a building permit. Section 4 below addresses applicable sign
regulations.
Section 2: Amendments to Code Section 11-298 address the following policy goals:
• Establish a cap of five (5) total "store fronts " (retail marijuana stores , medical marijuana
centers and co-located retail establishments). This is consistent with the current number
of existing stores.
• Establish a cap of three (3) total manufacturing facilities (retail , medical and co-located).
This is consistent with the current number of existing and pending facilities.
• Establish a process under which applications received on the same date will be processed
when only one (1) license of the type sought is available. Staff believes a "first in time"
rule is clear and fair , as is a random drawing of lots to prioritize applications received on
the same date.
Section 3: Amendments to Code Sec. 11-305 address several policy goals:
Attachment 4
• A one thousand (1 ,000) foot separation requirement is added for medical marijuana
centers from improved City parks and the Wheat Ridge Recreation Center. These types
of public facilities are frequented by children.
• Staff recommends amending the method of distance measurement for all separation
requirements to be the same. Tracking and applying the various methods of measurement
that currently exist under the Code has proved to be burdensome. Staff further
recommends that the measurement used be a direct aerial measurement ("as the crow
flies "), from property line to property line , instead of the "direct pedestrian route"
measurement from property line to building. Staff believes the direct aerial method is
both easier to apply and understand.
• Cultivation activities associated with medical marijuana centers are limited to five
thousand (5 ,000) square feet. Cross-reference added to same amendment made to zoning
use chart, Section 26-204 of the Code.
• Language was added to allow an existing non-conforming licensed premises to co-locate
(add the same type of retail license or the same type of medical license, depending on
whether retail or medical was first-obtained) without regard to separation requirements.
Section 4: Amendments to Code Section 11-306 accomplish the following policy goals:
• Incorporate into the City Code certain portions of the state regulations concerning
signage. The state regulations address both signage and advertising in the general sense .
For example, state regulations prohibit pop-up advertising on the internet. This draft
ordinance includes the state regulations that address signage in some manner. The
entirety of the state's regulations concerning advertising is provided for your reference.
• Prohibit signs that depict images resembling a marijuana leaf.
• Restrict the size of the green cross graphic to an area of two feet by two feet
Section 5: Amendments to Code Sec. 11-406 mirror the amendments made to Section 11-296 to
address the same policy goals (See Section 1 above).
Section 6. Amendments to Code Sec. 11-408 mirror the amendments made to Section 11-298 to
address the same policy goals (See Section 2 above).
Section 7. Amendments to Code Sec. 11-415 provide that an existing legal non-confonning
business may co-locate at its existing location. This is consistent with the change noted by the
last bullet point under Section 3 above. These amendments reflect the policy direction that
existing facilities of a certain type (e.g., manufacturing) should be permitted to expand their
operations to include both retail and medical marijuana, if they have not done so already, through
a simple administrative approval process.
Section 8: Amendments to Code Section 11-416 address the same goals addressed by the
amendments to Code Section 11-305 in regards to distance requirements , how distance is
measured , limiting cultivation activities to five thousand (5 ,000) square feet and allowing
existing non-conforming licenses to co-locate (see Section 3 above).
Section 9: Amendments to Code Section 11-417 mirror the amendments made to Section 11-306
for the same policy goals concerning signage (See Section 5 above).
Section 10: Amendments to the zone district use chart under Section 26-204 of the Code address
the following policy goals:
• Medical marijuana centers and retail marijuana stores are designated as special uses in
the C-1 zone district (currently permitted uses).
• Cultivation activities (both medical and retail) are limited to 5,000 square feet ; cross-
reference to Chapter 11 provided .
• Cross-reference provided to Section 26-114 .0 . (addressed under Section 11 below),
noting that special use permits for centers and stores may transfer only upon City
approval.
Section 11: The amendment to Subsection 26-114.0. of the Code addresses the following policy
goals:
• Amends the term of expiration of a special use permit for a medical marijuana center,
retail marijuana store, or co-located sales facility from one (1) year -the term generally
applicable to special uses -to six (6) months.
• Requires administrative review and approval of proposed transfers of special use permits
for retail marijuana stores and medical marijuana centers .
Section 12: This section cleans up a provision in the recent building code amendments that were
adopted to address marijuana-related occupancies. As you recall , .several amendments were
made to the International Codes to pennit water-based and noncombustible-solvent based
extraction of hash oil (subject to H occupancy regulations) and to prohibit combustible-solvent
based extraction . One section of the International Mechanical Code was not amended on second
reading to be consistent with those amendments . This Ordinance section therefore makes that
change to render all International Codes consistent on this topic.
Additional comments:
Staff evaluated these additional policy directives and determined that Code amendments were
not desirable or necessary as follows:
1. Establish additional packaging restrictions for marijuana infused products sold at medical
marijuana centers and retail marijuana stores.
• The state has adopted extensive packaging regulations and continues to amend and refine
those packaging regulations. A copy of current packaging regulations is attached for your
reference. Staff believes that these regulations are more extensive and technical than can
effectively be enforced by current City staff. Additionally, these regulations are likely to
Council Action Form -Collocation ofMarijuana Establishments
January 26 , 2015
Page2
if an existing medical marijuana store is located less than 1,000 feet from a City park because it
was located prior to the establishment of that distance requirement, under current Code language,
that medical marijuana store may not add retail marijuana to its inventory and sell both types of
marijuana. This ordinance would permit such a medical marijuana store to add and sell retail
marijuana. As with any nonconforming use, if this example medical marijuana store wanted to
expand its building in order to add retail marijuana to its inventory, such an alteration of the
nonconforming use would not be permitted. Nonconforming uses, including marijuana
businesses , may not be generally altered or expanded without coming into compliance with all
Code requirements. The collocation pennitted by this ordinance therefore allows the collocation
of nonconforming marijuana businesses only to the extent that such collocation does not involve
expansion of the business or modification of the site.
PRIOR ACTION:
The substance of this ordinance was reviewed by the Council on December 1, 2014 as a part of a
larger ordinance concerning marijuana regulation . At that time , the Council directed staff to
separate the collocation provisions into a separate ordinance. This ordinance is the result of that
direction .
FINANCIAL IMPACT:
The projected financial impact is minimal. Allowing businesses to collocate only within the
confines of their existing facilities is unlikely to generate significant revenue changes.
BACKGROUND:
In 20 II and 20 I3 , respectively, the City Council adopted local regulations governing medical
marijuana businesses and retail marijuana businesses . Each set of regulations requires such
businesses to obtain a local license to operate, in addition to the state license required by state
Jaw , and imposes limitations on where such businesses may locate within the City.
As a result of recent expressed interest in locating marijuana-related businesses in pennissible
locations, City residents expressed concern over the appropriateness of the current location
restrictions. In response to those concerns , the City Council adopted a temporary moratorium on
marijuana-related businesses in August of 2014 . The moratorium was imposed to allow the
Council time to review and evaluate the City's existing marijuana regulations generally. Council
reviewed existing regulations in regard to the appropriateness of the location of marijuana-
related businesses and their compatibility with adjacent land uses and potential impacts on
neighbors. It also evaluated the public health , safety and welfare impacts of such businesses in
regards to potential exposure to minors.
On December I, 2014 , the Council reviewed a draft ordinance amending the City's marijuana
regulations. As a result of that discussion , this ordinance -concerning the permissible
collocation oflegal nonconfonning marijuana businesses -was prepared . The substance of this
ordinance was originally a part of a larger ordinance making more extensive amendments to the
City's marijuana regulations.
Council Action Form -Collocation of Marijuana Establishments
January 26 , 2 015
Page 3
OPTIONS FOR COUNCIL ACTION:
1. Approve the ordinance as presented on second reading;
2. Approve the ordinance on second reading with amendment(s); or
3. Postpone consideration of the ordinance indefinitely.
RECOMMENDED MOTIONS:
"I move to approve Council Bill No. 03-2015 , an ordinance amending sections 11-305 , 11-415
and 11-416 of the Wheat Ridge Code of Laws concerning the collocation of medical and retail
marijuana establishments , order it published and that it shall become effective upon the signature
of the Mayor."
Or,
"I move to postpone indefinitely Council Bill No. 03-2015, an ordinance amending sections 11-
305 , 11-415 and 11-416 of the Wheat Ridge Code of Laws concerning the collocation of medical
and retail marijuana establishments for the following reason(s) "
REPORT PREPARED BY;
Carmen Beery, City Attorney's Office
Kenneth Johnstone, Community Development Director
Patrick Goff, City Manager
ATTACHMENTS:
1. Council Bill No . 03-2015
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER FITZGERALD
Council Bill No. 03
Ordinance No. ___ _
Series 2015
TITLE: AN ORDINANCE AMENDING SECTIONS 11-305, 11-415 AND 11-416 OF
THE WHEAT RIDGE CODE OF LAWS CONCERNING THE
COLLOCATION OF MEDICAL MARIJUANA ESTABLISHMENTS AND
RETAIL MARIJUANA ESTABLISHMENTS
WHEREAS, the City of Wheat Ridge ("City") is a home rule municipality
operating under a charter adopted pursuant to Article XX of the Colorado Constitution
and vested with the authority by that article and the Colorado Revised Statutes to adopt
ordinances for the regulation of land use and the protection of the public health, safety
and welfare; and
WHEREAS, pursuant to the authority granted by Section 14, Article XVIII of the
Colorado Constitution and the Colorado Medical Marijuana Code , Article 43.3, Title 12,
C.R.S., the Wheat Ridge City Council ("Council") previously adopted local regulations
governing medical marijuana establishments; and
WHEREAS, pursuant to the authority granted by Section 16, Article XVIII of the
Colorado Constitution and the Colorado Retail Marijuana Code, Article 43.4, Title 12,
C.R.S., the Council previously adopted local regulations governing retail marijuana
establishments; and
WHEREAS, by City of Wheat Ridge Ordinance No. 1554, on August 18, 2014,
the Council adopted a temporary moratorium on certain City approvals necessary to
establish and operate marijuana establishments in the City for the purposes of
permitting the Council to study and evaluate existing local regulations; and
WHEREAS, by City of Wheat Ridge Ordinance No. 1560, on October 27, 2014,
the Council adopted an additional temporary moratorium on such approvals in order to
permit the Council adequate time to carefully study the many issues implicated by the
regulation of marijuana-related businesses; and
WHEREAS, the Council has completed its study of such issues and now desires
to amend certain provisions of Chapter 11 of the Wheat Ridge Municipal Code ("Code")
to permit non-conforming marijuana establishments to collocate, as further set forth
herein.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Attachment 1
Section 1. Subsection 11-305(g) of the Code, concerning prohibited locations of
medical marijuana businesses, is hereby amended as follows:
(g) The suitability of a location for a medical marijuana establishment shall be
determined at the time of the issuance of the first license for such
establishment OR OF THE LICENSE FOR THE RETAIL MARIJUANA
ESTABLISHMENT WITH WHICH COLLOCATION IS PROPOSED
PURSUANT TO SECTION 11-415. The fact that changes in the
neighborhood that occur after the issuance of the fifst ORIGINAL license
might render the site unsuitable for a medical marijuana establishment
under this section shall not be grounds to suspend, revoke, or refuse to
renew the license for such establishment OR TO REFUSE TO APPROVE
A PROPOSED COLLOCATION so long as the ORIGINAL license for the
establishment remains in effect.
Section 2. Section 11-415 of the Code, concerning collocation of marijuana
establishments, is hereby amended as follows:
Sec. 11-415. -Collocation of operations.
A medical marijuana establishment may share its existing licensed
premises with a retail marijuana establishment as follows:
(a) An optional premises cultivation operation and a retail
marijuana cultivation facility may share their licensed premises in order to
operate a dual cultivation business operation.
(b) A medical marijuana-infused product manufacturer may apply to
hold a retail marijuana product manufacturing facility license and operate a
dual manufacturing business at a shared licensed premises.
(c) A medical marijuana center may hold a retail marijuana store
license and operate a dual retail business at a shared licensed premises.
(D) NOTWITHSTANDING ANY PROVISION OF CHAPTER 26 OF
THIS CODE TO THE CONTRARY INCLUDING BUT NOT LIMITED TO
SECTIONS 26-114 AND 26-120, A LEGAL NON-CONFORMING
ESTABLISHMENT MAY ADD A COLLOCATED ESTABLISHMENT AT
ITS EXISTING LOCATION AS AUTHORIZED BY THIS SECTION.
Section 3. Subsection 11-416(h) of the Code, concerning prohibited locations of
retail marijuana businesses, is hereby amended as follows:
(h) The suitability of a location for a retail marijuana establishment shall be
determined at the time of the issuance of the first license for such
establishment OR OF THE LICENSE FOR THE MEDICAL MARIJUANA
ESTABLISHMENT WITH WHICH COLLOCATION IS PROPOSED
PURSUANT TO SECTION 11-415.. The fact that changes in the
neighborhood that occur after the issuance of the fH:st ORIGINAL license
might render the site unsuitable for a retail marijuana establishment under
this section shall not be grounds to suspend, revoke or refuse to renew
the license for such establishment OR TO REFUSE TO APPROVE A
PROPOSED COLLOCATION so long as the ORIGINAL license for the
establishment remains in effect.
Section 4. Severability, Conflicting Ordinances Repealed. If any section,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall
not be affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed.
Section 5. Effective Date. This Ordinance shall take effect upon adoption
and signature of the Mayor, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 2 on
this 12th day of January, 2015, ordered published in full in a newspaper of general
circulation in the City of Wheat Ridge, and Public Hearing and consideration on final
passage set for January 26, 2015, at 7:00 p.m., in the Council Chambers, 7500 West
29 1h Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of to_, this day of , 2015.
SIGNED by the Mayor on this __ day of _____ , 2015.
Joyce Jay, Mayor
ATTEST:
Janelle Shaver, City Clerk
Approved as to Form
Gerald E. Dahl, City Attorney
First Publication: January 15, 2015
Second Publication:
Wheat Ridge Transcript
Effective Date:
Council Action Form -Vacating Right-of-way
January 26, 2015
Page2
The Code of Laws requires the Planning Commission to conduct a public hearing to review and
make a recommendation on proposed vacations. The Commission did so on January 15
(Pla1ming Commission recommendation attached).
RECOMMENDATIONS:
Staff recommends approval ofthe ordinance.
RECOMMENDED MOTION:
"I move to approve Council Bill 17-2014, an ordinance vacating any interest of the City
in a portion of 44111 A venue, order it published, and that it take effect upon approval and
signature by the Mayor, as pennitted by Section 5.11 of the Charter."
Or,
"I move to postpone indefinitely Council Bill 17-2014 vacating any interest held by the
City in a portion of 44111 Avenue for the following reason(s) "
REPORT PREPARED BY:
Gerald Dahl, City Attorney
Patrick Goff, City Manager
ATTACHMENTS:
1. Council Bill No. 17-2014
2. Planning Commission recommendation
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER DAVIS
COUNCIL BILL N0.17
ORDINANCE NO. ___ _
Series 2014
TITLE: AN ORDINANCE VACATING ANY INTEREST HELD BY THE CITY IN A
PORTION OF 44TH AVENUE
WHEREAS, the City of Wheat Ridge holds public rights-of-way in trust for the
public and the landowners abutting such rights-of-way; and
WHEREAS, due to a potentially inaccurate legal description, certain property
lying immediately north of 44th Avenue may be subject to a dedication as a part of the
44th Avenue right-of way; and
WHEREAS, pursuant to the authority granted by C.R.S. §§ 31-15-702(1 )(a)(l)
and 43-2-301 et seq., the Council of the City of Wheat Ridge, Colorado, has determined
that the nature and extent of the public use and the public interest to be served is such
as to warrant the vacation of this area; and
WHEREAS, the portion of the 44th Avenue right-of-way to be vacated and which
is the subject of this ordinance is more fully described on Exhibit A attached hereto and
fully incorporated herein by this reference; and
WHEREAS, no property abutting said public roadway will be left without an
established public road or private-access easement connecting said land with another
established public road .
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Vacation. To the extent of any City interest therein, the following
portion of the 44th Avenue right-of-way is hereby vacated, the same being no longer
required for public use and the public interest will be served by such vacation:
as more particularly shown on the attached Exhibit A.
Section 2. Severability, Conflicting Ordinances Repealed. If any section,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall
not be affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed.
Section 3. Recording. This Ordinance shall be filed for record with the office
of the Jefferson County Clerk and Recorder.
Section 4. Effective Date. This Ordinance shall take effect upon adoption
and signature by the Mayor, as perm itted by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 5 to 1 on
this 8th day of December, 2014 , ordered published in full in a newspaper of general
circulation in the City of Wheat Ridge , and Publ ic Hearing and cons ideration on final
passage set for January 12 , 2015 at 7:00 p.m., in the Council Chambers , 7500 West
29 th Avenue , Wheat Ridge , Colorado , continued to January 26, 2015 .
READ , ADOPTED AND ORDERED PUBLISHED on second and fina l reading by
a vote of to _, this day of , 2015 .
SIGNED by the Mayor on this __ day of _____ , 2015.
Joyce Jay, Mayor
ATTEST:
Jane ll e Shaver, City Clerk
Approved as to Form
Gerald E. Dahl , City Attorney
First Publ ication : De c ember 11 , 2014: January 15, 2015
Second Publication:
Wheat Ridge Transcript
Effective Date:
Published :
Wheat Ridge Transcript and www.ci.wheatridge.co.us
2
Exhibit A
PROPERTY DESCRIPTION
A portion of the North One-half of Section 21 , Township 3 South , Range 69 West of the 6th
Principal Meridian , City of Wheat Ridge , County of Jefferson , State of Colorado more
particularly described as follows :
Beginning at a point on the North Line of that certain property described in Reception No .
86049897 being the North Right-Of-Way Line of West 44th Avenue , said point also lying
642 .56 feet North of the Center of Section on the North-South Centerline of said Section 21 ;
Thence N 89°59'33" W along said North Right-Of-Way Line , a distance of 99 .00 feet to the
Southerly extension of the Westerly Line of that certain property described in Book 9, Page
451 , Thence N 00°18'28" W along said Southerly extension of the Westerly Line , a distance
of 30 .88 feet to the Southwest Comer of said property; Thence N 89°41'32" E along the
South Line of said property , a distance of 99 .00 feet to a point on said South Line also being
a point on the said North-South Centerline of said Section 21 , Thence N 89°41'32" E
continuing along said South Line , a distance of 99 .00 feet to the Southeast Comer of said
property ; Thence S 00 °18'28" E along the Southerly extension of the Easterly Line of said
property , a distance of 32.33 feet to a point on said North Right-Of-Way Line of said West
44th Avenue ; Thence N 89°46'59" W along said North Right-Of-Way Line , a distance of
99 .00 feet to the Point Of Beginning and containing 6240.2 square feet or 0.14 acres more
or less .
Basis of bearings :
The Basis of Bearings for the above described parcel of land platted on Fruitdale Patio
Homes to beN 00°09'23" W from the East 1/4 of Section 21, Township 3 South , Range 69
West of the 6th P.M to the Northeast Comer of said Section , said East 1/4 being a 3 1.4"
brass cap and post set in range box stamped LS 13212 per monument record and the NE
Comer being stamped 13212 1984 per the monument record .
Sheet 1 of2
Excerpt of Planning Commission Minutes of January 15
Summary of Planning Commission action on Case No. WV-14-01
Ms. Mikulak presented the case. She entered into the record the contents of the case file, the
zoning ordinance, and the digital presentation . She stated the public noticing and posting
requirements have been met. Planning Commission will make a recommendation to City
Council which is the final authority. She reviewed the staff report and digital presentation and
stated the purpose of the vacation which is to clear title allowing future sale of the Fruitdale
School property. The property is currently owned by the Wheat Ridge Housing Authority.
After the staff presentation, Commissioner TIMMS asked about the nature of the small accessory
building located in front of the school. Ms . Mikulak stated it has been used as a caretaker's
cottage, library, and office over the years . It is not subject to the historical designation and may
be removed if not reused.
Chair BRINKMAN asked why the property was not being rezoned to consolidate the multiple
zone districts that cover the site. Ms. Mikulak stated that a rezoning of the property is
considered premature until an end user is certain.
Chair BRINKMAN asked why historical designation had been sought since it can create an
additional barrier to redevelopment. Ms . Mikulak indicated that the purpose of the Housing
Authority 's purchase was ultimately to preserve the building which this designation ensures .
Chair BRINKMAN opened the public hearing. No one wished to speak. Chair BRINKMAN
closed the public hearing
It was moved by Commissioner WEAVER and seconded by Commissioner TIMMS to
recommend APPROVAL of Case No. WV-14-01, a request for vacation of any City interest
in the land adjacent to, and potentially part of, the West 44th Avenue right-of-way and
adjacent to 10803 W. 44th Avenue, for the following reasons:
1. The proposed vacation will not leave any adjoining land without access to an
established public right-of-way.
2. The proposed vacation is in conformity with the most recently enacted goals and
policies of the transportation section of the current comprehensive plan of the City
of Wheat Ridge.
3. The proposed vacation will not have a negative impact on the infrastructure of the
City of Wheat Ridge.
4. The proposed vacation clarifies conflicting legal descriptions and facilitates the
redevelopment of a vacant building.
Motion approved 7-0.
Attachment 2
Wadsworth Corridor URA Plan First Amendment
January 26 ,2015
Page2
Only two of the four Commissioners provided comments on their denial of the resolution.
Commission Chair Brinkman stated that she voted no, not because of the proposed project, but
because she did not believe she had enough information to prove the proposed development
conforms to the Comprehensive Plan. Commissioner Ohm stated that he voted no because there
were a lot of points that the applicant could have addressed and did not. Commissioners Dorsey
and Kimsey did not comment on their reasoning for denying the adoption of the resolution.
FINANCIAL IMPACT:
QDP submitted a preliminary TIF application requesting up to $7.8 million in property and sales
tax increment for the proposed project. Staff and the City's financial advisor are presently
evaluating QDP's pro forma in an effort to determine the amount ofTIF that would be warranted
for the project.
An impact analysis produced for QDP, by BBC Research and Consulting, indicates the current
annual property tax generated from the proposed development site is $121,061. There are
currently no sales taxes generated from the site. The proposed development is estimated to
generate $249,500 in property tax annually in year 2017 increasing to $392 ,500 by year 2027. In
addition , sales tax revenues in 2016 are projected to be just over $548 ,000 annually and
increasing to approximately $901 ,000 annually by 2027.
If a TIF agreement is approved , all impacted taxing agencies , including the City, will continue to
receive the current property tax base per Urban Renewal law which is estimated at about $1.6
million over a 12 year period. Only the incremental property and sales taxes generated by the
proposed project, estimated at $12.4 million, will be obligated to the project for the TIF
BACKGROUND:
Proposed Project
QDP has proposed to develop a 15 acre mixed-use development at the southwest comer of
Wadsworth Boulevard and 38 1h Avenue (the Project). QDP has purchase options on three of the
four parcels and has submitted a letter of intent to purchase the fourth parcel. The Project site is
within the Wadsworth Boulevard Corridor Redevelopment Plan area and at one time was an auto
dealership. QDP is proposing to redevelop the site with approximately 80,000 square feet of
grocery, retail , and restaurant space; and approximately 3 7 owner occupied townhomes.
The redevelopment plan includes the following elements:
• 41 ,000 sq . ft . grocery store
• 30,000 sq. ft. of retail shops
• 3,000 sq. ft. of fast food restaurants
• 6,400 sq. ft. of other restaurants , and
• 37 owner occupied townhome units, averaging 1,540 sq . ft. per unit , and/or office space.
The proposed development conforms to the land use concept of the Wadsworth Boulevard
Corridor Redevelopment Plan for a commercial retail center.
Wadsworth Corrid or URA Plan First Amendment
January 26, 2015
Page 3
Development Incentive Package Request and Procedures
QDP has requested a TIF subsidy of approximately $7.8 million to be utilized solely for public
infrastructure that will include improvements to both Wadsworth Boulevard and 38th Avenue,
public spaces within the project, demolition of the existing structures, site contamination
remediation, as well as other improvements that are permitted by Colorado Urban Renewal Law.
At the November 7, 2014 RWR meeting, Bob Turner and Linda Sweetman from QDP, presented
the proposed development and their justification for the TIF request. QDP provided the
following items as barriers to development in the absence ofTIF:
• Land valuations are over the market levels for similar properties.
• An enlarged public space and pedestrian paths, as identified during the neighborhood
meeting have increased costs.
• The site suffers from inadequate infrastructure. Required improvements to Wadsworth
Boulevard and 38th Avenue will benefit the entire community, and identified site
remediation with the existing structures must be removed.
The proposed development is estimated to generate incremental property and sales tax revenues
of about $12.4 million over a 12 year period. Estimates of property tax revenues were derived
using market value data from various sources to determine prevailing market value per square
foot and then applied to the square footage of each proposed new building. To account for future
property value appreciation , a 1.21 percent growth rate per year in market value was applied.
Projected sales tax revenues were calculated using retail sales per square foot and applying the
city tax rate of 3 percent. Retail sales per square foot were obtained from an Urban Land Institute
retailer survey. Sales from the grocery store component were reduced to 80% of the estimated
revenue stream to account for customers shopping at the new grocery store in lieu of their
present store preference in Wheat Ridge .
Staff and the City's financial advisor are currently reviewing the TIF request along with the
project financial analysis to determine how much assistance is warranted for this project.
This first amendment to the Plan is considered a substantial modification and requires that R WR
satisfy the following:
• Prepare an amendment to the Plan. This was completed on November 1, 2014 and
approved by legal counsel on November 3, 2014. The amendment is attached to this
report.
• Submit the amendment to the Planning Commission for review of conformity
with the City's general plan at least thirty (30) days before the public hearing
(C.R .S. § 31-25-107(2)). This item was heard at the December 18 ,2014 Planning
Commission meeting.
• Provide a 30-day written notice to all property owners , residents and owners of
businesses within the Plan area (C.R.S . § 31-25-107(4)(c)). Notices were sent in mid-
December 2014.
Wadsworth Corridor URA Plan First Amendment
January 26 ,2015
Page4
• Submit the amendment to the board of county commissioners at least thirty (30)
days before public hearing (C.R.S. § 31-25-1 07(3.5)). If the proposed
modification contains TIF provisions, an impact statement must also be presented
to the board of county commissioners containing specific information required by
C.R.S. § 31-25-1 07(3 .5). The plan amendment and impact report were submitted
to the office of the commissioners on December 19 , 2014.
• Post the public hearing notice. The notice was published in December in the
Wheat Ridge Transcript.
Upon completion of those items , Council is required to conduct a public hearing (C.R.S.
§ 31-25-107(4)). After the public hearing and adoption of a resolution, the county
assessor will be notified of the TIF provision (C.R.S. § 31-25-1 07( 1 0)).
RECOMMENDATIONS:
Staff recommends moving forward with the first amendment to the Wadsworth Corridor Urban
Renewal Plan for the following reasons:
1. The project will add new retail options on this vacant site on a key corner in Wheat Ridge
as stated in the Wadsworth Corridor Urban Renewal Plan and the City's Comprehensive
Plan Envision Wheat Ridge.
2. The project will add new residential options for residents , a goal of the City 's
Comprehensive Plan , and will add a buffer for existing residential units on 35 1h A venue
and Ammons Street.
3. The project may act as a catalyst for future development and redevelopment of sites along
the 38th A venue corridor and the Plan area.
4. The project will create additional property and sales tax over time for RWR, the City and
other taxing entities.
5. The project will remove blight, an objective of the URA Plan.
RECOMMENDED MOTION:
"I move to continue the hearing on Resolution No. 7-2015, a resolution approving a first
amendment to the Wadsworth Boulevard Corridor Redevelopment Plan to allow for the
utilization of tax increment financing , to the regularly scheduled Council meeting of February 9,
2015."
Or,
"I move to table indefinitely Resolution No. 7-2015 , for the following reason(s) _____ _
"
REPORT PREPARED/REVIEWED BY:
Steve Art, Urban Renewal Manager
Patrick Goff, Executive Director
Wadsworth Corridor URA Plan First Amendment
January 26 , 2015
Page 5
ATTACHMENTS:
1. The Wadsworth Boulevard Corridor Redevelopment Plan
2. Planning Commission StaffReport, dated December 18, 2014
3. Resolution No. 7-2015
• Exhibit A First Amendment to the Wadsworth Boulevard Corridor
Redevelopment Plan
The Wadsworth Boulevard
Corridor Redevelopment Plan
AN URBAN RENEWAL PLAN
Prepared for:
The City of Wheat Ridge and
The Wheat Ridge Urban Renewal Authority
CLARION ASSOCIATES
HNTB CORPORATION
Attachment 1
TITLE:
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 26-2001
Series of 200 I
A RESOLUTION APPROVING THEW ADSWORTH
BOULEY ARD CORRIDOR REDEVELOPMENT PLAN
WHEREAS, with the adoption of Resolution No. 11-2001 on April 23, 200 l, the
City Council determined that blight existed in the vicinity of the Wadsworth Corridor
from 35th Avenue to 44th Avenue; and
WHEREAS, such resolution created the Wadsworth Boulevard Corridor
Redevelopment Area (Area), an urban renewal area within the City; and
WHEREAS, Resolution No. 11-2001 also directed the Wheat Ridge Urban
Renewal Authority (Authority) to effect the preparation of an urban renewal
(redevelopment) plan (Plan) for the Area for consideration by City Council· and
WHEREAS, the Council has been presented with a proposed Plan; and
WHEREAS, the Authority has endorsed and recommended approval of the Plan
by Council; and
WHEREAS, the City Planning Commission has submitted its written
recommendation to the City Council that the Plan is in conformance with the Wheat
Ridge Comprehensive Plan; and
WHEREAS, a copy of the Plan and information regarding the impact of the Plan
were submitted to the Jefferson County Board of Commissioners; and
WHEREAS, the Jefferson County School District also received a copy of the Plan
and has been advised and pemlitted to participate in an advisory capacity with respect to
the potential use of tax increment financing; and
WHEREAS, notices of the public hearing for consideration and approval of the
Plan by City Council were provided by publication and by written notices to property
owners, residents and business owners in the Area in compliance with the Urban Renewal
Law, C.R.S. 31-25-101 et seq.; and
WHEREAS, a public hearing on the Plan was held on October 22, 2001 ,
providing a fuU opportunity for property owners, residents, taxpayers, people and
business owners in the Area and all interested persons to be heard; and
WHEREAS, the inclusion of certain areas and properties designated in the Plan
within the Area would provide for the elimination and prevention of blight and the
development, redevelopment and rehabilitation of the blighted areas, so that the areas can
be developed or redeveloped by the public and private sectors to provide a safer and more
usefuJ environment for its users and inhabitants; to develop and redevelop such properties
to provide necessary, greater and reasonable economic utilization of such areas; to
promote, enhance and provide public facilities; to eliminate traffic, transportation~
pedestrian and other hazards within the areas; to ensure reasoned and sound social,
physical and economic growth and improvement within the City; to promote the public
health, safety and welfare; to promote and effect the goals, objectives and purposes of the
Plan and the Comprehensive Plan of the City· to provide a sound financial and economic
base for the community; to provide a necessary tax base for the City and to comply with
the intent and purposes of the Urban Renewal Law; and
WHEREAS, the City Council has determined that it is in the best interests of the
City of Wheat Ridge and the Wheat Ridge Urban Renewal Authority to adopt the Plan as
proposed.
NOW THEREFORE BE IT RESOLVED by the Wheat Ridge City Council as
follows:
Section 1. That the City Council hereby makes the following findings with
respect to the proposed Plan:
A. A feasible method exists for the relocation of families or
individuals who may or wiU be displaced by redevelopment projects in decent,
safe and sanitary dwelling accommodations within their means and without undue
hardship.
B. A feasible method exists for the relocation ofbusiness concerns
that may or will be displaced by redevelopment projects either in the Area or in
other areas that are not generally less desirable regarding public utilities and
public and commercial facilities.
C. The City Council has caused its staff to take reasonable efforts to
provide written notice of the public hearing to property owners, residents and
business owners in the Area at their last known addresses at least 30 days prior to
this public hearing of October 22, 2001.
D. Section 31-25-107 (4) (d) C.RS. of the Urban Renewal Law does
not apply in that not more than 120 days have passed since lhe first public hearing
on this PI~ because this is the first public bearing.
E. Section 31-25-107 (4) (e) C.R.S. of the Urban Renewal Law does
not apply in that City Council did not fail to previously approve this Plan.
F. The Plan conforms to the City's Comprehensive Plan.
2
G. The provisions of the Plan consistent with the needs of the City,
provide maximum opportunity for redevelopment of the Area by private
enterprise.
H. Section 31-25-107 (5) C.R.S. of the Urban Renewal Law is not
applicable to this Plan.
I. To the extent that the Area may consist of an area of open land
which may be developed for non-residential uses under the Plan, City Council
hereby detennines that such non-residential uses are necessary and appropriate to
facilitate the proper growth and development ofthe City in accordance with sound
planning standards and the City's objectives. The potential acquisition of such
areas may require the actions of the Authority in compliance with the Urban
Renewal Law, because such open areas are within areas of blight or blighted
conditions.
J. City Council has determined that the boundaries of the Area have
been drawn as narrowly as feasible to accomplish the planning and development
objectives of the Plan in accordance with Section 31-25-1 07( l) C.R.S. of the
Urban Renewal Law.
Section 2. Although the Plan provides for the use oftax increment financing ,
such financing mechanisms will not be utilized with the initial adoption of this Plan at
this time, but will be considered at an appropriate time when redevelopment projects or
market factors necessitate or justify same or promote the use of tax increment financing
as appropriate . Modifications of this Plan may then be necessary to implement tax
increment fmancing .
Section 3. The Jefferson County School District was permitted to participate
in an advisory capacity regarding this Plan.
Section 4. The Jefferson County Board of Commissioners was provided a
copy of the Plan and information regarding its impact, in compliance with the Urban
Renewal Law.
Section 5. The Wheat Ridge Urban Renewal Authority is authorized to
exercise the powers of eminent domain to carry out, effect and administer the Plan.
Section 6. The proposed Plan accompanying this Resolution and incorporated
herein is adopted as the Wadsworth Boulevard Corridor Redevelopment Plan for the City
of Wheat Ridge and may be referred to as the Wadsworth Redevelopment Plan. The Plan
is an urban renewal plan as defined in Section 31-25-103(9) C.R.S. ofthe Urban Renewal
Law.
3
TABLE OF CONTENTS
1.0 PREFACE AND BACKGROUN0 ......................................................... 1
I. I Preface .................................................................................................................. I
2.0 FINDINGS ...................................................................................... 1
2. I Finding of Blight ................................................................................................... 1
2.2 Preparation of the Wadsworth Boulevard Corridor Redevelopment Plan ........... 2
2. 3 Urban Renewal Project ....................................................................................... 2
3. 0 CONFORMANCE ............................................................................. 2
3. I Colorado Urban Renewal Law ............................................................................. 2
3.2 The Wheat Ridge Comprehensive Plan ................................................................. 2
3.3 Con i Ieney with the Wadsworth Boulevard Corridor Plan ................................. 3
3.4 Boundaries of the Wadswo rth Boulevard Corridor Redevelopment Plan ............ 4
3. 5 Wad worth Boulevard Corridor Redevelopment Plan Objectives ........................ 5
4. 0 REDEVELOPMENT ACTIVITIES ......................................................... 5
4. I Redeve/opn1ent Techniques ................................................................................... 5
5. 0 PROJECT FINANCING ..................................................................... 7
5. I Financing Methods ............................................................................................... 7
5.2 Potential Utilization ofTax In crement Financing (1'/F) ...................................... 7
6. 0 LAND USE CONCEPT ...................................................................... 8
6. I Time s Square Shopping Center ............................................................................. 9
6.2 "John ElwayAuto Nation " Site .......................................................................... 10
6. 3 Southwest Corner of 44'1
' Avenue and Wadsworth Blvd ..................................... I I
7. 0 LAND USE PLAN .......................................................................... 7 2
8. 0 AMENDMENTS TO THE PLAN ........................................................ 12
9.0 REASONABLE VARIAT/ONS ............................................................ 13
Wadsworth Boulevard Corridor Redevelopment Plan
Clarion Associates & HNTB
1.0 PREFACE AND BACKGROUND
1. 1 Preface
This Wadsworth Boulevard Corridor Redevelopment Plan (Corridor
Redevelopment Plan), is an urban renewal plan prepared for the Wheat Ridge
Urban Renewal Authority (the Authority) and the City of Wheat Ridge (the
City), pursuant to the provisions of the Colorado Urban Renewal law, Colo .
Rev . Stat. §§ 31 -25-101 et seq (Colorado Urban Renewal Law). This Corridor
Redevelopment Plan describes the framework for certain public undertakings
constituting urban renewal projects and other authorized activities under
Colorado statutes, as cited above, within the boundaries of the Wadsworth
Boulevard Corridor Redevelopment Area (Redevelopment Area), located in the
City of Wheat Ridge, Jefferson County. For the purposes of this Plan , the
term "Redevelopment Area " shall have the same meaning as "urban renewal
area" as defined in §31 -25-103(8) C.R.S. of the Urban Renewal Law .
Except as may otherwise be provided, the administration of the urban renewal
projects and the implementation and enforcement of this Corridor
Redevelopment Plan, including without limitation the preparation and
execution of any implementing documents, shall be performed by the
Authority.
This Corridor Redevelopment Plan has been prepared by the Authority and
approved by the City Council in recognition that the Redevelopment Area
requires a comprehensive and integrated development strategy in order to
accomplish the City 's objectives for improving the viability of Wadsworth
Boulevard.
Redevelopment activities within the Redevelopment Area are anticipated to
occur over a substantial period of time, perhaps up to ten to fifteen years .
2.0 FINDINGS
2.1 Finding of Blight
Based on the evidence presented at a public hearing, and in the Wadsworth
Boulevard Corridor Blight Study (Dated April 11, 2001, and filed with the
Jefferson County Clerk), the City Council , by Resolution No. 11 -2001, made a
finding that the Wadsworth Boulevard Redevelopment Area was "blighted" as
defined by Colorado Urban Renewal Law, by the existence of the following
factors: i) deteriorated or deteriorating structures and sites , (ii) defective or
Wadsworth Boulevard Corridor Redevelopment Plan
Clarion Assoc iates & HNTB
Page 1
inadequate street layout, or faulty lot layout in relation to size, adequacy,
accessibility or usefulness, (iii) unsanitary and unsafe conditions, (iv)
defective or unusual conditions of title rendering title non-marketable; (v)
buildings that are unsafe or unhealthy for persons to live or work in because
of building code violations, dilapidation, deterioration, or faulty or inadequate
facilities; (vi) environmental contamination of property; and (vii) inadequate
public improvements or utilities. The City Council also found that such blight
substantially impairs the sound growth of the City, constitutes an economic
and social liability, and is a menace to the public health, safety, and welfare of
the community.
2.2 Preparation of the Wadsworth Boulevard Corridor Redevelopment Plan
The findings and recommendations contained in this Corridor Redevelopment
Plan were formulated in part, from information collected from site inspections
of the Redevelopment Area; interviews with developers, landowners, and
business -owners; comments and suggestions received at a community
meeting held on August 28, 2001; results from a questionnaire sent to all
property-owners within the Redevelopment Area ; interviews with city staff;
and a review of relevant public documents, including the Wheat Ridge
Comprehensive Plan (adopted, Jan. 2000), the Wadsworth Boulevard Corridor
Study (adopted , 1999), the zoning ordinance, and the Streetscape and
Architectural Design Manual.
2.3 Urban Renewal Projects
Based on the existence of blight, the Redevelopment Area is appropriate for
authorized undertakings and activities of the Authority, pursuant to the Urban
Renewal Law .
3. 0 CONFORMANCE
3.1 Colorado Urban Renewal Law
This Corridor Redevelopment Plan is in conformity with the applicable
statutory requirements of the Colorado Urban Renewal Law.
3.2 The Wheat Ridge Comprehensive Plan
The City amended and adopted a Comprehensive Plan in January 2000. The
Comprehensive Plan includes desirable land use patterns, as well as general
goals and objectives intended to guide future growth on Wadsworth
Wadsworth Boulevard Corri dor Redevelopment Plan
Cla ri on Associates & HNTB
Page 2
Boulevard. The land use pattern envisioned by the Comprehensive Plan for the
Redevelopment Area is "Community Commercial Center" development, which
includes a mix of compatible retail and office uses that primarily serve a
regional market area .
The Comprehensive Plan's primary goals and recommendations that apply to
future growth and development along Wadsworth Boulevard are as follows:
a. Future Land Uses
• Encourage Community Commercial Center development along
Wadsworth Boulevard.
b. Community Character
• Complement and promote the City's image and identity through good
urban design and open space buffering.
c. Sustainable Economic Development
• Maintain a healthy business climate for existing businesses by making
revitalization a continuing priority .
• Pursue high quality redevelopment that minimizes impacts to residential
neighborhoods .
The find i ngs and recommendations of this Corridor Redevelopment Plan are
consistent with the land use patterns, goals and objectives identified in the
adopted Comprehensive Plan.
3.3 Consistency with the Wadsworth Boulevard Corridor Plan
The Wadsworth Boulevard Corridor Plan was approved by the City Council in
1999. The objective of the plan was to mitigate a variety of traffic problems
along Wadsworth Boulevard by relating transportation improvements to land
use and design actions in a strategy for coordinated improvement . In doing
so, the following key aspects and principles were developed during the
planning process to guide the recommendations contained in that plan:
a. Land Use Element
Key Aspect:
• Improve the market potential and physical environment along
Wadsworth Boulevard.
Wadsworth Boulevard Corridor Redevelopment Pion
Clarion Associates & HNTB
Page 3
Principles:
• Renovate and redevelop outdated and obsolete uses.
• Improve retail quality.
• Facilitate the development potential of large., single-ownership sites.
• Create a pedestrian friendly environment.
b. Transportation Element
Key Aspect:
• Improve functionality and safety for vehicle and transit movement.
Principles:
• Concentrate points of access.
• Create uniform roadway sections.
• Create a network of circulation.
• Improve access to business properties.
• Improve visibility of businesses.
• Improve the functions of intersections.
c. Urban Design Element
Key Aspect:
• Improve the physical appearance and amenities of Wadsworth
Boulevard .
Principles:
• Break down the scale of blocks.
• Add streetscape and identity elements.
• Enhance the City's image with landscaping and streetscape
elements.
• Create a pedestrian access network.
The findings and recommendations of this Corridor Redevelopment Plan are
consistent with the key aspects and principles of the Wadsworth Boulevard
Corridor Plan.
3.4 Boundaries of the Wadsworth Boulevard Corridor Redevelopment Plan
This Corridor Redevelopment Plan applies to a portion o. f the Redevelopment
Area, which generally includes those properti.es along both the east and west
sides of Wadsworth Boulevard, beginning south of 38th Avenue, extending
Wadsworth Boulevard Corridor Redevelopment Plan
Clarion Associates & HNTB
Poge4
north beyond 44th Avenue . SEE : FIGURE 1, URBAN RENEWAL BOUNDARY MAP.
A legal description of this Plan Area is included in Appendix A.
3.5 Wadsworth Boulevard Corridor Redevelopment Plan Objectives
The objectives of this Corridor Redevelopment Plan are as follows:
• To provide a framework that encourages private development
opportunities.
• To encourage the development of uses that serve a regional market
area as well as the continuation of uses that serve specific local market
demands.
• To improve vehicular circulation and pedestrian movement.
• To encourage new development and redevelopment with superior urban
design features.
• To engage in all redevelopment activities under Colorado Urban
Renewal Law to effect the elimination and spread of blight in the
Redevelopment Area.
4. 0 REDEVELOPMENT ACTIVITIES
Public projects are intended to stimulate private sector development in and
around the Redevelopment Area. The combination of public and private
investment will assist in implementing redevelopment activities, consistent
with the objectives of this Corridor Redevelopment Plan for the
Redevelopment Area , and contribute to increased property and sales taxes for
the City.
4. 1 Redevelopment Techniques
In undertaking all urban renewal projects pursuant to this Corridor
Redevelopment Plan, the Authority may utilize any the following
redevelopment techniques and activities as deemed appropriate for the
elimination or prevention of the spread of blighted areas within the
Redevelopments Area, pursuant to Colorado Urban Renewal Law.
Wadsworth Boulevard Corridor Redevelopment Pion
Clarion Assoc iates & HNTB
Page 5
a. Demolition. The Authority may provide for the demolition and
clearance of buildings, structures and other improvements in the
Redevelopment Area.
b. Public Improvements. The Authority may cause, finance, or
facilitate the design, installation, construction and reconstruction of any
public improvements in the Redevelopment Area.
c. Land Acquisition . The Authority shall have the power to facilitate
urban renewal activities in the Redeve lopment Area by acquiring real
property through condemnation proceedings pursuant to the
requirements and procedures established by the Colorado Urban
Renewal law, CAS §31-25-105(1)(e). The Authority shall have the
power to exercise its legal right to acquire real property and
improvements, and all interests therein, by eminent domain.
d. Redevelopment and Rehabilitation. Appropriate activities may
include such undertakings and activities authorized by the Colorado
Urban Renewal Law or this Corridor Redevelopment Plan , including the
redevelopment techniques identified in this section determined to be
necessary or desirable.
e. Relocation . Relocating individuals and families from the
Redevelopment Area may be required to facilitate redevelopment
activities contemplated by this Corridor Redevelopment Plan . All
relocation activities require that the City Council find a feasible method
for the relocation of individuals and families who will be displaced by
an urban renewal project (CRS §31-25 -107(4)(a)).
The Authority shall prepare and implement relocation plans or policies
before any business, family, tenant or individual is relocated. Such
plans or policies shall include but will not be limited to the following
provisions:
i. Methods for temporary relocations.
ii. Relocation to areas not generally less desirable in regard to
public utilities; public and commercial facilities; at rents or prices
within the financial means of such persons and families; into
equally decent and sanitary dwellings as available to such
persons; and in places reasonably accessible to their
employment.
Wadsworth Boulevard Corridor Redevelopment Plan
Clarion Assoc iates & HNTB
Page 6
iii. To provide for reasonable relocation payments (as determined by
the Authority) for moving expenses and actual loss of property
directly related to relocation .
iv. For businesses, to provide for losses of goodwill and profits
which are reasonably and directly related to relocation for which
compensation is not otherwise provided .
f. Other Techniques. Other redevelopment activities contemplated by
this Corridor Redevelopment Plan may include changes to applicable
zoning, land use and building code requirements .
5.0 PROJECT FINANCING
Urban renewal projects may be financed in whole or in part by the Authority
under the tax increment financing (TIFt provisions of CRS §31-25 -107(9)(aL of
the Colorado Urban Renewal law, or by any other available source of
financing authorized to be undertaken by the Authority under the Colorado
Urban Renewal Law, CRS §31-25 -105.
5.1 Financing. Methods
The Authority is authorized to finance the urban renewal projects within the
Redevelopment Area with revenues from the property and sales tax
increments, interest income, federal loans or grants , or any other available
source of revenues . The Authority is authorized to issue bonds and incur other
obligations contemplated by the Colorado Urban Renewal law in an amount
sufficient to finance all or any part of an urban renewal project within the
Redevelopment Area. The Authority is authorized to borrow funds and create
indebtedness in any authorized form in carrying out this Corridor
Redevelopment Plan in the manner contemplated by the Colorado Urban
Renewal Law. Any principal and interest on such indebtedness may be paid
from property and sales tax increments, or any other funds, revenues , assets
or properties legally available to the Authority.
5.2 Potential Utilization of Tax Increment Financing (TIFJ
After the initial date of adoption of this Corridor Redevelopment Plan , as
described in the Resolution approving this Plan, the City may authorize the
utilization of TIF under CRS §31-25-107(9) of the Urban Renewal Law, at such
time , or times, that a redevelopment project or projects is/are initiated under
Wadsworth Boulevard Corridor Redevelopment Plan
Clari on Associates & HNTB
Page 7
the provisions of this Corridor Redevelopment Plan within the Redevelopment
Area. Such TlF may be utilized in the entire Redevelopment Area or portions
of the Redevelopment Area.
The utilization of TIF for such redevelopment activities as described herein,
will necessitate a modification of, or to this Corridor Redevelopment Plan, by
the City, in compliance with the provisions of CRS §31-25-107(7) of the
Colorado Urban Renewal Law governing such modifications. The details of
this utilization of TIF may also be provided for by agreement between the City
and the Authority.
6. 0 LAND USE CONCEPT
The general land use concept envisioned by this Corridor Redevelopment Plan
for the Redevelopment Area is subject to further refinement and revision as
future plans and/or projects are proposed for specific properties within. the
Redevelopment Area. The Authority, in cooperation with and at the direction
and guidance of the City, shall adopt such refinements and revisions to this
Plan related to the general land use concept. SEE: FIGURE 2, LAND USE CONCEPT
PLAN.
The land use concept envisioned by this Corridor Redevelopment Plan is to
strengthen the market potential and identity of Wadsworth Boulevard as a
regional, destination-oriented commercial center, by facilitating opportunities
for developing additional regional-scaled projects, maintaining desirable
community-oriented uses, and improving the physical environment of the
Redevelopment Area. Larger, existing properties under single ownership or
management should be redeveloped to increase the intensity and continuity of
destination-oriented commercial uses within this Redevelopment Area. It is
anticipated that redevelopment of these larger sites will facilitate desirable
redevelopment activity on smaller parcels more suitable for community-
oriented uses. Over time, as this type of redevelopment activity increases,
the City can use this opportunity to eliminate existing incompatible uses ,
consolidate fragmented parcels for improved vehicular movement and
pedestrian circulation within the Redevelopment Area.
The Wadsworth Boulevard Corridor Plan ( 1999) identifies three properties that
are suitable for major redevelopment opportunities at key locations within the
Redevelopment Area. The physical and locational attributes of these
properties are most favorable to large-scale, cohesively planned developments.
These properties are also more likely to require additional efforts between the
property-owners and the City in order to facilitate redevelopment activity. The
Wadsworth Boulevard Corridor Redevelopment Plan
Clarion Associates & HNTB
Page 8
redevelopment activities contemplated by this Corridor Redevelopment Plan
are intended to support these land use recommendations. It is further
recommended that redevelopment activities in these identified areas
concentrate on municipal sales tax-generating commercial-retail uses.
The following descriptions of these properties summarize the potential
development opportunities for each property, as recommended by the
Wadsworth Boulevard Corridor Plan .
6.1 Times Square Shopping Center
The Time Square Shopping Center site is located on the southeast corner of
Wadsworth Blvd . and 44'h Avenue. This potential redevelopment area is
approximately 14.5 acres , and extends from the shopping center property
north to 44'h Avenue (not including the bank parcel on the corner). The
existi ng shopping center is approximately 120,000 square feet, and includes
the Grocery Warehouse , Rite-Aid Drug, a U.S. Postal facility, and additional
shops and pads. Given the size and scale of this site, it is underutilized by
current zoning and development standards, and could reasonably support more
i ntensive development including a regional anchor tenant .
One feasible option for this site is total redevelopment of the property .
including a new grocery store as the anchor use, i ncreased square footage for
new retail uses, and additional pad sites . A less intensive proposal would also
be feasible, such as a partial renovation and fa<;ade improvements to the
ex isting shopping center.
Wad sworth Bouleva rd Corridor Redevelopment Plan
Clarion Associates & HNTB
Page 9
9. 0 REASONABLE VARIATIONS
In specific cases, where a literal enforcement of the provisions contained in
this approved Corridor Redevelopment Plan constitutes an unreasonable
limitation beyond the intent and purpose of this Plan (as determined by the
Authority), the Authority may allow reasonable variances from these
provisions.
Wadsworth Boulevard Corridor Redevelopment Pion
Clarion Assoc iates & HNTB
Page 13
Appendix A
Wadsworth Corridor
A tract of land in Section 23, and the north half of Section 26,
Township 3 South, Range 69 West of the 6th Principal Meridian, more
particularly described as follows:
Commencing at the Southwest Comer of the Northeast 1A of said Section
23; thence proceeding on a bearing of N00°10'12"W and a distance of 635.69 feet
on and along the West line of the Northeast 1A of said Section 23 to the True Point
of Beginning.
Thence, N89°47'22"E a distance of 415.39 feet, along the North line of
Coulehan Grange Subdivision, as recorded in the official records of the County of
Jefferson, State of Colorado;
Thence S00°10' 16"E a distance of 405.00 feet, along the East line of the
parcels as recorded in Book 2335 Page 785 under Reception Number F0856884 at
said County of Jefferson, State of Colorado;
Thence N89°4l '35"E a distance of 206.57 feet, along the North side of the
parcel recorded at Reception Number F0856884 at said County of Jefferson, State
of Colorado, to a point on the West Right-of Way line of Vance Street;
Thence S42°30'33"E a distance of 74.25 feet, to a point on the East Right-
of-Way line of Vance Street, said point being on the West Line of a parcel as
recorded at F0532782, said County of Jefferson, State of Colorado;
Thence N89°4l '3T'E a distance of 169.31 feet;
Thence N00°ll '28"W a distance of 6.00 feet;
Thence N89°41 '38"E a distance of 146.31 feet, to a point on the East line
of Lot 4, Coulehan Grange Subdivision, as recorded in the official records of said
County of Jefferson, State of Colorado;
Thence S00°10'12"E a distance of 181.00 feet, on and along the East line
of said Lot 4, Coulehan Grange Subdivision, to a point on the South line of the NE
~ of Section 23;
Thence N89°4l '37"E a distance of 22.83 feet, on and along said South line
of the NE ~. Section 23;
Thence S00°13'03'E a distance of 661.01 feet, on and along the East Right-
of-Way line of Upham Street;
Thence S89°39' 45"W a distance of 353.61 feet, on and along the South line
of the parcel recorded at Reception Number F0330477, and to a point on the East
line of the Times Square Subdivision, as recorded at said County of Jefferson,
State of Colorado;
1
Thence S00° 12' 12"E a distance of 661.13 feet, on and along the East line
of said Times Square Subdivision;
Thence S89°39'57"W a distance of 462.76 feet, on and along the South line
of said Times Square Subdivision;
Thence S00°10'23"E a distance of 132.50 feet, on and along the West line
of Currier Subdivision, as recorded in the official records of the County of
Jefferson, State of Colorado;
Thence S89°39'09"E a distance of 150.00 feet , to a point on the East Right-
of-Way line of Wadsworth Boulevard;
Thence S00°10'09"E a distance of 132.03 feet, on and along the East
Right-of-Way line of Wadsworth Boulevard;
Thence N89°39'22"E a distance of 20.00 feet, on and along said East
Right-of-Way line;
Thence S00°10' 12''E a distance of 1057.80 feet, on and along said East
Right-of-Way line, said line also being the West line of the Wheat Ridge
Marketplace First Filing Subdivision as recorded in said County of Jefferson, State
of Colorado, to a point on the North line of the Northeast ~ of Section 26;
Thence S00°19'34"E a distance of 302.14 feet, on and along the East
Right-of-Way line of Wadsworth Boulevard;
Thence S89 °23'54"W a distance of 20.00 feet , on and along said East
Right-of Way line;
Thence S00°19'29"E a distance of 358.18 feet , on and along said East
Right-of-Way line;
Thence N89°37'43"E a distance of 20.06 feet, on and along said East
Right-of-Way line;
Thence S00°19'33"E a distance of 439.60 feet, on and along said East
Right-of-Way line;
Thence S89°38'52"W a distance of 17.90 feet, on and along said East
Right-of-way line;
Thence S00° 19' 35"E a distance of 257.52 feet, on and along said East
Right-of-Way line;
Thence S89 °4l'38"W a distance of 47.14 feet, on and along said East
Right-of-Way line, to a point on the East line of the Northeast 1A of Section 26;
Thence N00°19 '35"W a distance of 5.00 feet, on and along the East line of
the Northeast ~ of Section 26;
Thence S89°41 '23"W a distance of 660.00 feet, on and along the South
Right -of-Way line of West 35m A venue;
Thence N00°19'35"W a distance of 823.78 feet, to the Southwest comer of
the Adkins Subdivision, as recorded in the official records of said County of
Jefferson State of Colorado;
Thence N89°37' 49''E a distance of 330.00 feet, on and along the South line
of said Adkins Subdivision;
2
Thence N00°19'39"W a distance of 270.00 feet, on and along the East line
of said Adkins Subdivision, to the Southeast corner of a parcel recorded at
F0768224, said County of Jefferson, State of Colorado;
Thence S89°16'58"W a distance of 330.00 feet~ on and along the North line
of the parcels as recorded at the Reception Numbers F0768224 and 85079150 in
the official records of said County of Jefferson, State of Colorado;
Thence N00°20' 15"W a distance of 260.00 feet, on and along the West line
of said Adkins Subdivision, to a point on the South line of the Southwest IA of
Section 23;
Thence N89°37,48"E a distance of2.52 feet, on and along the South line of
the Southwest~ of Section 23;
Thence N00°20'16"W a distance of 686.44 feet, on and along the West line
of the Wilmore Center Subdivision, as recorded in the official records of said
County of Jefferson, State of Colorado, to a point on the South Right-of-Way line
of West 39th Avenue; -
Thence N89°38'44"E a distance of 310.29 feet, on and along the South
Right-of-Way line of West 39th Avenue;
Thence N00°21 '12"W a distance of 611.13 feet, on and along the East line
of Laurel Subcli vision, as recorded in the official records of said County of
Jefferson, State of Colorado, to a point on the South Right-of-Way line of West
41 51 A venue;
Thence 889°38'51 "W a distance of 234.14 feet, on and along the South
Right-of-Way line of West 41st A venue;
Thence N71 °34' 19"W a distance of 77.57 feet, on and along the South
Right-of-Way line of West 41st Avenue, to a point on the West line of the Melrose
Manor Subdivision, as recorded in the official records of said County of Jefferson,
State of Colorado;
Thence N00°18,44"W a distance of 185.68 feet, on and along the West line
of said Melrose Manor Subdivision, to the Southwest comer of a parcel as
recorded at the Reception Number F0155284, in the official records of said
County of Jefferson, State of Colorado;
Thence N89°41'44"E a distance of 303.00 feet, on and along the South line
of said parcel;
Thence N00°10'12"W a distance of 205.46 feet, on and along the East line
of said parcel, to a point on the North right-of-Way line of Three Acre Lane;
Thence N89°46'48"E a distance of 97.12 feet, on and along the North
Right-of-Way line of Three Acre Lane, to the Southeast comer of Lot 5, Three
Acre Subdivision, as recorded in the official records of said County of Jefferson,
State of Colorado;
Thence N00°13'12"W a distance of 158.00 feet, on and along the East line
of said Lot 5, Three Acre Subdivision;
Thence S89°46' 48,W a distance of 400.00 feet, on and along the North line
of said Three Acre Subdivision, to a point on the East line of Melrose Manor
3
Subdivision, as recorded, in the official records of said County of Jefferson, State
of Colorado~
Thence N00°12'22"E a distance of 78.93 feet, on and along the East line of
said Melrose Manor Subdivision to a point of curvature, said point being on a
curve to the left;
Thence along said curve to the left, said curve having a radius of 42.20 feet,
a central angle of 60°00'00", and a chord bearing of N30°l2'22"E, said curve
being on and along the East Right-of-Way of Yarrow Street;
Thence N00°13'45"W a distance of 20.00 feet, on and along said Right-of-
Way to the Southwest comer of Graul Subdivision, as recorded in the official
records of the County of Jefferson, State of Colorado;
Thence N89°38'49'E a distance of 274.17 feet, on and along the South line
of said Graul Subdivision;
Thence N00°13'55'W a distance of 331.05 feet, on and along the East line
of said Graul Subdivision;
Thence S89°41'42"W a distance of 274.15 feet, along the North line of Lot
3, Graul Subdivision, to a point on the East Right-of-Way line of Yarrow Street;
Thence N00° 13 '50"W a distance of 310.00 feet, on and along the East
Right-of-Way line of Yarrow Street, to a point on the South line of the Northwest
IA of Section 23;
Thence N00°13'50'W a distance of 30.00 feet, to a point on the North
Right-of-Way line of West 44lh Avenue;
Thence N89°4l 'OO"E a distance of 77.85 feet, on and along said North
Right-of-Way line;
Thence N00°13'39"W a distance of 2.52 feet, on and along said North
Right-of-Way line;
Thence N86°47'35"E a distance of 345.35 feet, on and along said North
Right-of-Way line;
Thence N89°4l '58"E a distance of 129.62 feet, on and along said North
Right-of-Way line, to a point on the West Right-of-Way line of Wadsworth
Boulevard;
Thence N47°29' 14"E a distance of 30.47 feet, on and along said West
Right-of-Way line;
Thence N00°10'18'W a distance of210.19 feet, on and along said West
Right-of-Way line;
Thence N89°30'32"E a distance of 14.00 feet, on and along said Right-of-
Way line:
Thence N00°10' 11 "W a distance of 355.09 feet, on and along said Right-
of-Way line;
Thence N89°49'48"E a distance of 45.00 feet, to the True Point of
Beginning.
4
EXCEPT FOR A TRACT OF LAND IN THE SOUTHEAST ~ OF SECTION 23,
TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL
MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Commencing at the Northwest comer of the Southeast Y.. of Section 23,
thence S56°34'28,E a distance of 54.02 feet to the True Point of Beginning.
Thence N89°42'47,E a distance of283.51, feet on and along the South
Right-of-Way line of West 44th Avenue;
Thence S00° 11 '11 "E a distance of 631.18 feet, on and along the Westerly
line of Times Square Subdivision, as recorded in the official records of said
County of Jefferson, State of Colorado;
Thence S89°40'33'W a distance of283.69 feet, along a Northerly line of
said Times Square Subdivision, to a point on the East Right-of-Way of Wadsworth
Boulevard;
Thence N00°10'12''W a distance of631.34 feet, on and along the East
Right-of-Way ofWadsworth Boulevard to the True Point of Beginning.
The area described above contains 3,659,074 square feet (84.00 a.cres)
more o.r less.
The drafter of this description is David F. Brossman, P.L.S., prepared on behalf of the
Wheat Ridge Urban Renewal Authority, 7500 W. 29th Ave., Wheat Ridge, CO 80215-
6713, and is not to be construed as a monumented land survey.
5
recommendations of the planning commission or, if no recommendations are received within said
thirty days , without such recommendations , the governing body may proceed with the hearing on
the proposed urban renewal plan.
CONFORMANCE TO COMPREHENSIVE PLAN:
The Comprehensive Plan Envision Wheat Ridge was adopted in October 2009 and contains many
elements this project will bring to the site , some of which are detailed below. The Planning
Commission is asked to review this memo and make a determination that this project complies to
the Comprehensive Plan.
(Excerpts Taken Verbatim -Elements bold and in red will be advanced by the subject project.)
Building on Previous Planning Efforts (Chapter 1 -Pages 2 and 3)
Wheat Ridge has a solid record of community participation and planning for the future. The
Envision Wheat Ridge Plan builds on these previous planning efforts .
The Plan update included review of these previous efforts and documents. Many of the goals ,
policies , and ideas for the future in the previous planning efforts are still relevant, and are carried
forth in this plan. Some examples of overarching themes in this plan that are carried forth from
previous planning efforts include :
• Commit to quality development and redevelopment (from the 2000 Comprehensive
Plan);
• Preserve and enhance Wheat Ridge's Neighborhoods (2000 Comprehensive Plan);
• Continue to provide quality community services , parks, and open spaces (2000
Comprehensive Plan);
• Encourage alternative transportation opportunities and intergovernmental cooperation on
regional issues (2000 Comprehensive Plan);
• Focus on increasing housing options to attract a range of household types
(Neighborhood Revitalization Strategy);
• Prioritize the redevelopment of key commercial areas (Neighborhood Revitalization
Strategy);
• Enhance community character and gateways (Neighborhood Revitalization
Strategy);
• Promote transit-supportive development (Northwest Subarea Plan); and
• Develop a Town Center (Wadsworth Subarea Plan);
• Increase property maintenance and stability (Fruitdale Subarea Plan).
While this Plan embodies many of the ideas , goals, and policies established in previous plans ,
there are some noteworthy new directions and slight changes in course presented in this plan.
These new directions resulted from community feedback, reaction to current trends and
conditions , and policy direction from elected and appointed officials. These new directions
include:
• Emphasis on sustainability (see Chapters 2 and 9);
• Strategic, not parcel-specific future land use plan (Structure Plan) (see Chapter 3);
• Relationship between land use and economics, including the market realities of
redevelopment (see Chapter 4); and
• Focus on transportation network connections and increasing multi-modal options
(see Chapter 7).
Key Values (Chapter 2-Page 11)
The following six broad Key Values are the primary principles behind the Community Vision.
They describe the community 's aspirations and organize the more specific policies into the
chapters of this Comprehensive Plan .
• Create a Resilient Local Economy Based on a Balanced Mix of Land Uses
• Promote Vibrant Neighborhoods and an Array of Housing Options
• Enhance Community Character and Accentuate Quality Design
• Increase Transportation Connections and Options
• Provide Quality Community Amenities , Services and Resources
• Ensure a Sustainable Future
Structure Plan -Foundations (Chapter 3 -Page 22)
Neighborhood Buffer (Along Wadsworth Boulevard) -Neighborhood Buffer Areas are
generally located at the "edges" of neighborhoods , and generally function as buffers between low
intensity residential areas and higher intensity commercial corridors and uses. Because of their
close proximity to the city's primary commercial corridors , potential for assemblage , and
\mderutilized nature of many of these properties , these areas will continue to transition from a
mix of residential (both single and multi-family) and small-scale commercial uses
traditional to areas with higher intensity residential, office, and commercial uses. Over
time, the City aims to improve the appearance, mix of uses, property values, and overall
vitality of these areas. Most Neighborhood Buffer Areas correspond with designated Urban
Renewal areas, and will develop in accordance with adopted Urban Renewal plans as
applicable.
Structure Plan -Corridors and Gateways (Chapter 3-Page 24)
All Primary Corridors-The corridors generally run north south along arterials. The properties
along the corridors (between centers) will contain a broad mix of activities. They will
accommodate multiple transportation modes and exemplify high quality urban design and
appearance (over time).
Primary Commercial Corridor (Wadsworth Boulevard)-Wadsworth Boulevard is the major
north-south route through Wheat Ridge , connecting the city to its neighbors (Arvada and
Lakewood). It is also the city 's principal commercial corridor and a key target area for
redevelopment. In the future , the City will focus on retaining existing businesses and
improving the appearance and function of the corridor, including landscaping, trees,
signage, and architecture. Wheat Ridge will also work with partners and focus on
assembling and redeveloping outdated and underutilized properties primarily from 35th to
44 1h Avenues. In these locations, the City will encourage development of a mixed-use Town
Center that incorporates commercial and office uses, along with civic functions such as a
library and/or City offices. The area will feature buildings close to the street with parking
behind, higher intensities with high quality design and setbacks, outdoor gathering spaces
such as patios and foundations, and a mix of use , including multi-family housing (as lofts
or part of the mix). Buildings adjacent to residential areas will transition down in height. The
City will also improve bicycle and pedestrian connections along routes parallel to
Wadsworth. (Also see the Wadsworth Corridor Subarea Plan).
Economy and Land Use (Chapter 4-Pages 36 -45)
Promoting new and expanding employment areas will help provide local jobs and re-circulate
dollars in the local economy. Emphasis on retention and reinvestment in commercial areas
will ensure that residents have convenient local locations to shop, in addition to generating
retail sales tax to maintain City service .
Goal ELUl: Make Wheat Ridge a "community of choice" in which to live , work , shop , and
recreate.
Goal ELU2: Attract quality retail development and actively retain existing retailer to
locate in Wheat Ridge.
Goal ELU3: Retain and diver ify local employment.
Goal ELU4: Increase the diversity of land uses.
Goal ELUS: Revitalize key redevelopment areas.
Goal ELU6: Establish community activity centers and a Town Center.
Goal ELU2 -Actively retain existing retailers and attract quality retail development. Wheat
Ridge will proactively work with existing quality retailers to remain and thrive in Wheat Ridge ,
and encourage new bu inesses, particularly those that provide healthy and high quality
products and service to locate in Wheat Ridge. In addition, the City will plan for future
regional retail, community commercial, and neighborhood commercial centers and promote
opportunities for niche and specialty businesses and districts.
ELU 2.3-Rehabilitate Underutilized Retail Spaces
Coordination and partnership between the City, economic development partners, and the
development community to improve the appearance and function of outdated and
inefficient retail pace will re-energize the community's primary corridors and key
activity centers.
A. Guide rehabilitation by establishing vision and desired character for corridors and
centers;
B. Encourage land assemblage and denser nodes of development within activity
center ;
C. Partner with area economic development organizations; and
D. Continue to work with local property owners on identifying opportunities for fa9ade and
landscaping improvements and upgrades; and
E. Identify community needs and opportunities to capture retail leakage.
Goal ELU3: Retain and diversify local employment.
Wheat Ridge will foster a business climate that encourages expansion or creation of
employment opportunities. Particular emphasis will be placed on growing the community 's
ex ist ing health care industry , redevelopment of the area surrounding the future FasTracks Gold
Line Transit Station , and allowing secondary employment opportunities in the Crossing at Clear
Creek Regional Commercial Center area . This business climate will require the retention of
industrially zoned lands , and will place emphasis on new , high -quality employment opportunities
in growing fields such as clean energ y and biotechnology.
ELU 3.2-Generate New Primary Employment
The City, in partnership with economic development and other business organizations, will
recruit new primary employers to locate in Wheat Ridge, in order to provide quality jobs
for the community's large residential base, and to draw employees into the city on a daily
basis.
Strategies:
A. Market development sites within Enterprise Zone and Urban Renewal Authority
areas;
B. Target medical-related facilities and supporting services to complement the Exempla
Lutheran hospital , and clean energy and biotechnology companies to locate in the T.O.D. area;
C. Work on a package of appropriate incentives and establish the criteria by which these
incentives can be used.
Goal ELU4-Increase the diversity of land uses.
Wheat Ridge will work to ensure that the limited future development and redevelopment
areas provide increased opportunities for employment, retail, and commercial services,
along with new housing options, to achieve a sustainable and balanced mix of land uses for
the community.
Policies:
ELU 4.1-Efficient Use of Limited Land
Because of the limited amount of land available for new development , the City will require
efficient use of newly developing and redeveloping areas by promoting higher-intensity
development. Priority areas for new development include the Crossing at Clear Creek site west
ofl-70 and the future T.O.D. area north ofl-70 near Ward Road.
Strategies:
A. Emphasize mixed-use development in developing and redeveloping areas;
B. Develop a new mixed-use zoning district and associated land use regulations ;
C. Prioritize areas for future subarea and corridor plans and potential overlay districts
to identify opportunities for property assemblage and efficient use of land;
D. Promote shared parking or enact maximum parking standards for certain uses or near the
future transit station; and
E. Seek to remove height and density limitations from the City Charter in targeted
development and redevelopment locations and examine /rezone those areas as necessary to
achieve goals.
Goal ELUS -Revitalize key redevelopment areas.
Wheat Ridge will target areas with immediate redevelopment needs with efforts that
upport and promote inve tment and quality des ign. Emphasize high quality development
that projects a positive image for the community and enhances the surrounding context.
Policies:
ELU 5.1 -Infill and Redevelopment
Many properties along Wheat Ridge' primary corridors and in activity center are dated
and underutilized. The City will work with partners and private developer to promote
infill and redevelopment in key areas shown on the Structure Plan.
Strategies:
A. Provide financing tools and incentives (such a Tax Increment Financing in Urban
Renewal Areas and Enterprise Zone tax credits) to jump-start redevelopment in
underutilized areas;
B. Identify areas with potential for property assemblage (through future subarea and
corridor plans) and provide assistance with assemblage;
C. Actively pursue grants and technical assistance in determining the existence of
brownfields at key redevelopment locations ;
D. Coordinate with all interested parties (property owners , adjacent property owners , and
City) to plan and define the vision for future development on infill sites ;
E. Identify areas for future overlay districts ; and
F. Enter public-private partnership (between City government, developers , financial
institutions, nonprofit organizations, and neighborhood organizations) to increase
cooperation and development succes s.
ELU 5.2-High Quality Redevelopment
The City will require high quality urban de ign for all future infill and redevelopment, in
order to ensure compatibility with surrounding neighborhoods, and to improve the overall
appearance of the community's primary corridors and activity centers.
Strategies:
A. Assist with property a semblage to promote well-coordinated, complete areas for
redevelopment (not piecemeal properties);
B. Develop a new mixed-use zoning di trict to assure high-quality mixed-u e
development; and
C. Identify areas for future subarea and corridor plans , and potential thematic-based overlay
districts (to establish guidelines and standards to address suitable design and scale , variety and
visual interest , and appropriate materials specific to each subarea or corridor).
Neighborhoods and Housing (Chapter 5-Page 51)
Neighborhood Buffer Areas present opportunitie for image improvements, new housing
types, and small-scale infill and redevelopment. Future efforts will aim to make these areas
vibrant, desirable location that feature a mix of u es to buffer neighborhoods from
adjacent primary corridors.
Goal NH2 -Increase Housing Options
The City will work with private developers and Wheat Ridge 2020 to increase the diversity
of the community's hou ing supply to attract new household type and meet the changing
needs of the community' residents.
NH 2.1 -New Housing Types
The City will direct the development of new housing types such as townhomes, condos/lofts,
and senior living units (especially in Neighborhood Revitalization, Neighborhood Buffer
and other mixed-use areas) to meet market demand.
Strategies:
A. Revise zoning requirements to require new residential and/or mixed-use developments
to provide a range of housing options (including price points and/or dwelling unit types) to
meet the changing needs of existing and future residents;
B. Promote traditional neighborhood development with a variety of housing types (possibly
including accessory dwelling units, multi-family, and senior housing units) as a component
of infill!redevelopment sites.
NH 3.1 -Promote Strong Households
The City will work with Wheat Ridge 2020, private developers and other groups to
promote home ownership and to attract and retain "strong households" (per NRS
recommendations).
Strategies:
A. Provide relocation information to families and explore offering incentives to capture
homebuyers;
B. Coordinate with Wheat Ridge 2020, private developers, and other groups to develop new
housing types to accommodate a range of household types; and
C. Develop and offer homeowner programs or classes.
Goal NH4-Stimulate Investment and Redevelopment in Neighborhood Buffer Areas.
The City, in collaboration with economic development partners, and other neighborhood
and business organizations, will improve the appearance of Neighborhood Buffer Areas (as
defined on the Structure Plan), by updating and rehabilitating multi-family properties, and
encouraging appropriate redevelopment and small-Policies:
NH 4.1 -Enhance Neighborhood Buffer Areas
The City will coordinate and partner economic development partners, neighborhood
groups, and private developers to initiate investment and redevelopment efforts in
Neighborhood Buffer Areas.
Strategies:
A. Coordinate revitalization efforts with established Urban Renewal Authority areas
and plans;
B. Enter public/private partnerships to improve or redevelop outdated multi-family
properties; and
C. Encourage and facilitate property assemblage to accommodate new small-scale
mixed-use developments to provide transition between primary corridors and residential
neighborhoods.
Relationship to the Community Vision and Structure Plan (Chapter 6 -Pages 60, 62, 63)
The community character and design goals and policies contained in this chapter aim to establish
community identity to make Wheat Ridge a desirable place to reside and visit. They also aim to
ensure that new development and redevelopment features high quality urban design and
complements nearby uses. The City of Wheat Ridge is expected to lead the community in such
design efforts , to set the tone for future private investment.
Goal CCI:
Goal CC2:
Goal CC3:
Create recognizable gateways and Corridors.
The City of Wheat Ridge will lead the community in quality design.
Ensure quality design for development and redevelopment.
Goal CC2 -The City of Wheat Ridge will lead the community in quality design.
The City of Wheat Ridge will lead by example by committing to quality , energy efficient
buildings and facilities.
Policies:
CC 2.1 -Public Facility Design
When updating existing facilities or constructing new public facilities or spaces, the City of
Wheat Ridge will meet or exceed established design and character requirements to set the
tone for future private development efforts.
Goal CC3 -Ensure quality design for development and redevelopment.
Wheat Ridge will promote a high standard of design for development and redevelopment
projects, and ensure that infill development is of high quality and meets the intent of the
Structure Plan.
Policies:
CC 3.1 -High Quality Development
The City will require new development and redevelopment to exemplify high quality urban
design to enhance Wheat Ridge's character.
Quality commercial and mixed-use developments feature:
• Interesting details (such as windows, awnings, and cornices) designed to a human
scale
• High quality and durable materials (such as masonry and stone)
• Complementary signage
• Streetscape and parking lot landscaping
• Buffers and screens to minimize impacts to neighbors
• Screened storage and service areas
• Pedestrian-oriented design
• Gathering spaces
• Connections to other properties and roadways
Relationship to the Community Vision and Structure Plan (Chapter 7-Pages 67, 79-83)
The transportation goals and policies contained in this chapter aim to increase mobility and
convenience for Wheat Ridge residents , and to increase efficiency and function of the local and
regional transportation system. As shown on the Structure Plan , primary corridors are key areas
of emphasis in the community. Not only are the future land uses important along these corridors ,
but so are the transportation options provided. Improved pedestrian and bicycle connections
from neighborhoods (shown as "neighborhood portals" on the Structure Plan) to the
primary corridors and activity centers will reduce dependence on personal automobiles for
short trips and will enable residents of all ages to safely access community services.
Goal T 1: Provide an integrated transportation system to address all modes of travel
and future funding priorities.
Goal T 2: Increase intergovernmental cooperation on regional transportation issues.
Goal T 3: Increase transportation efficiency and options.
Goal T 4: Improve coordination between transportation improvements and future land
use decisions.
Road Capacity and Safety ("Complete Streets ") -Wadsworth Boulevard -Major regional
vehicular travel corridors with heavy travel volumes, routine traffic congestion , and pedestrian
and bicycle safety issues will benefit from improvements to increase road capacity and safety for
all transportation modes. Improvements might include driveway consolidation, modified cross-
sections , and enhanced streetscaping.
Goal T 1 -Provide an integrated transportation system to address all modes of travel and
future funding priorities.
Wheat Ridge will accommodate all modes of travel including motorists, pedestrians,
bicycles, and transit riders.
T 1.1 -Targeted Improvement Areas
The City will focus future investment for infrastructure improvements in targeted corridors and
intersections , as identified on the Transportation Structure Plan.
Strategies:
A. Institute transportation improvements as activity centers and primary corridors
develop and redevelop;
B. Use the improvements shown on the Transportation Structure Plan to establish key areas
for each travel mode and capital improvement projects; and
C. Establish criteria to identify neighborhoods that are not targeted areas for street or
sidewalk enhancements.
T 1.3 -Complete Streets
The City will coordinate with Colorado Department of Transportation (CDOT) to establish
roadway design criteria that ensure safe, attractive, and comfortable access and travel for all
users (also commonly referred to as "complete streets ").
Strategies:
A. Develop new road cross sections for principal corridors that meet the needs of all modes
of transportation ;
B. Review and revise development regulations to require new development to construct
or enhance segments of pedestrian and bicycle systems; and
C. Establish and require level of service standards for all travel modes.
D. Complete the Implementation Plan (Phase 2) of the Bike and Pedestrian Route Master
Plan.
Goal T 3 -Increase transportation efficiency and options.
Wheat Ridge will expand and enhance transportation efficiency and options, including
vehicular traffic, bus and rail transit, bicycling, and walking. Wheat Ridge will coordinate
with regional tran portation agencies to reduce barriers that impede traffic flow and
promote safety.
T 3.1 -Reduced Traffic Congestion
The City will collaborate with regional partner , developers, and motorists to improve
traffic flow and traffic congestion in order to improve air quality and reduce vehicle hours
traveled.
Strategies:
A. Improve coordination of traffic signals on major corridors (work regionally with
ORCOG and COOT);
B. Con olidate access points (on state highway ) with development and redevelopment
projects; and
C. Develop and continue programs that promote carpooling and alternative mode commuting.
3.4-Priority Pedestrian and Bicycle Improvements
The City, in conjunction with private developers, will work to prioritize and improve
nece sary pede trian and bicycle facilities hown on the Transportation Structure Plan and
Bicycle and Pedestrian Route Master Plan.
Goal T 4 -Improve coordination between transportation improvements and future land
use decisions.
Wheat Ridge will promote the development of transit-supportive growth patterns in major
transit corridors. Throughout the city, Wheat Ridge will focus on establishing a desired
image and function of the community's principal roadway corridors in relation to the
future land uses.
Policies:
T 4.1 -Land Use and Transportation Relationship
The City will tress the connected relationship between future land u e and transportation,
and will decrease dependence on the personal automobile with coordinated land u e and
transportation planning.
Strategies:
A. Improve pedestrian and bicycle connections between neighborhoods and activity
centers and corridor to reduce reliance on the automobile for short trips;
B. Study planned future right-of-way width and their impact on adjacent propertie
(e pecially Wadsworth and Kipling) and develop alternative cross-section to accommodate
preferred land use patterns and multiple travel modes; and
C. Coordinate and communicate preferred future land use and roadway vision to
regional entities (COOT, ORCOG, and other regional transportation organizations).
Relationship to the Community Vision and Structure Plan (Chapter 9-Pages 95 -96,)
The places shown on Structure Plan layer together to create the type of city described by the
community vision. In a similar fashion , the goals and policies contained in this section link
together the goals and policies in the previous chapters , to relate land use decisions and patterns
to social , environmental , and economic costs and benefits. With continued focus on providing
balance between the key values, and stressing the importance of both the existing and
future places shown on the Structure Plan the City will achieve its mission to create a
sustainable and successful future that respects the needs of its people, natural environment,
and prosperity.
Goal SF 1:
Goal SF 2:
Goal SF 3:
Goal SF 4:
Establish and maintain a resilient and sustainable tax base.
Protect and preserve natural assets.
Reduce resource consumption and increase conservation.
Create a healthy and active community.
Goal SF 1 -Establish and maintain a resilient and sustainable tax base.
Wheat Ridge will establish and maintain a resilient tax base that will be able to fund
community services. The City will base future economic development strategies and land
use decisions on community service expectations and fiscal realities.
Policies:
SF1.1 -Coordinated Planning
The City will coordinate with economic development partners, private developers, and
other groups to coordinate land use and fiscal planning.
SF 1.2 -Diverse Revenue Base
The City will work with economic development partners to diversify and broaden the
City's revenue base.
Strategies:
A. Facilitate the development of local and regional retail and employment that provides
a net positive fiscal impact;
B. Develop programs to encourage local shopping and dining.
Plan Implementation (Chapter 10-Page 108)
Retain and attract retail (revenue-generating activity)
Develop programs, tools, and partnerships to retain and increase retail and revenue-
generating activities in activity centers.
Address zoning and design standards for targeted areas
Amend/clarify commercial and mixed-use districts and design standards to help encourage
redevelopment and infill only in targeted activity center areas with high quality design,
higher density mixed-use, transitions, buffers, public gathering spaces, and landscaping,
etc.
Continue partnerships for housing revitalization
Continue working with Wheat Ridge 2020 to develop programs and strategies to promote
new housing opportunities to meet the needs of changing households and to attract new
residents.
Improve gateways (image)
Prioritize gateways and enhance community identity through priority gateway
improvements, including art , signage and landscaping, in gateway areas and identifying
requirements for new development to convey a positive image. Use public/private
partnerships.
Provide neighborhood-to-centers bicycle/pedestrian connections
Improve pedestrian and bicycle connections between neighborhoods and future activity
centers and primary corridors.
Urban Renewal Authority (Page 113)
Designated urban renewal area allows for consolidation, demolition, construction,
operation/maintenance of public improvements . In rare cases the City could use
condemnation. Sales/property tax revenue increment above pre-established base. The URA
enables Tax Increment Financing (TIF)
Wadsworth Corridor (Page 117) Action Items:
Redevelopment of Wadsworth has long been important to Wheat Ridge. However , land
vacancies and other complexities of the area have made it challenging to facilitate
redevelopment. Consequently it is seen as a longer-term undertaking than other areas of the City.
Short-Term
• Identify vacant, underutilized and other suitable parcels for redevelopment along
corridor.
• Begin a dialogue with relevant property owners and businesses about their future
plans, relocation, and redevelopment.
• Continue to work with CDOT on Wadsworth Boulevard requirements and highway
concerns.
• Work with Exempla Lutheran on interest in developing office buildings along the
• Wadsworth Corridor or in a location close to the Town Center area.
• Discuss with library district their potential interest in opening a branch library in/near the
Town Center location.
• Work with other potential users to assess interest.
5 Years
• Identify viable potential assemblages.
• Attract I work with a private developer to identify potential assemblages and
redevelopment potentials.
• The Town Center area is one of Wheat Ridge's key areas. Care should be taken with
interim projects along the corridor to ensure that they are compatible with the
Comprehensive and Sub-area plan.
RECOMMENDATIONS:
Staff supports the project recommends the Planning Commission agree it conforms to the City 's
Comprehensive Plan , Envision Wheat Ridge for the reasons listed above and adopts the attached
resolution.
RECOMMENDED MOTION:
"I move to adopt Resolution 03-2014 , finding the Second Amendment to the Wadsworth
Boulevard Corridor Redevelopment Plan for the southwest comer of381h Avenue and
Wadsworth Boulevard is in conformance with the Wheat Ridge Comprehensive Plan, Envision
Wheat Ridge."
Or,
"I move to deny Resolution 03-2014 , finding the Second Amendment to the Wadsworth
Boulevard Corridor Redevelopment Plan for the southwest comer of 38th Avenue and
Wadsworth Boulevard is not in conformance with the Wheat Ridge Comprehensive Plan,
Envision Wheat Ridge for the following reasons."
Attachments:
1. Second Amendment to the Wadsworth Boulevard Corridor Redevelopment Plan
2. Resolution No. 04-2014
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 07
Series of 2015
TITLE: A RESOLUTION APPROVING A FIRST AMENDMENT
TO THE WADSWORTH BOULEVARD CORRIDOR
REDEVELOPMENT PLAN TO ALLOW FOR THE
UTILIZATION OFT AX INCREMENT FINANCING
WHEREAS, on October 22, 2001, the Wheat Ridge City Council approved an
urban renewal plan, known as the Wadsworth Boulevard Corridor Redevelopment Plan
(the Urban Renewal Plan) for the elimination of blight and redevelopment of certain
portions of the City; and
WHEREAS, such Urban Renewal Plan includes the area described in Exhibit A
hereto, which is the location of the Quadrant Development Properties redevelopment;
and
WHEREAS, Section 5 of the Urban Renewal Plan provided for the utilization of
sales and property tax incremental revenue sources within the redevelopment area; and
WHEREAS, in compliance with the Urban Renewal Law of Colorado, C.R.S. §
31-25-101 et seq., the Wheat Ridge Urban Renewal Authority desires to implement the
use of tax increment financing for the project area described in Exhibit A;
WHEREAS, this first amendment to the Urban Renewal Plan is considered a
substantial modification and therefore requires a 30-day notice to all property and
business owners in the Urban Renewal Plan project area and the County
Commissioners and requires the City's Planning Commission to review the amendment
and its conformity to the City's Comprehensive Plan for development as a whole; and
WHEREAS, a 30-day notice was placed in a newspaper of general circulation
and the City's Planning Commission did review the amendment at its December 18,
2014 regular business meeting.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat
Ridge, Colorado, as follows:
Section 1. The City Council hereby adopts this resolution amending Section 8 of
the Urban Renewal Plan for the utilization of property and sales tax increment for the
Quadrant Development Properties redevelopment project.
DONE AND RESOLVED this __ day of February, 2015.
Attachment 3
Joyce Jay, Mayor
ATTEST:
Janelle Shaver, City Clerk
Council Action Form -Parfet Storage
January 26 , 2015
Page2
PRI OR ACT IO N:
Planning Commission heard the request at a public hearing on January 15 ,2015 and recommended
approval. The staff report and meeting minutes from the Planning Commission meeting will be
included with the ordinance for second reading.
BACKGRO UN D:
The property is located at 5130 Parfet Street in the northwest quadrant of the City, just south of
Ridge Road. The property is currently zoned Planned Industrial Development (PID), which is
developed in accordance with an approved Outline Development Plan , and Agricultural-One (A-
1 ), which allows for single family and agricultural uses.
The primary structure on the property was originally built as a single family home in 1960. Since
that time, the building was converted for commercial use . Most recently, the site served as an
office for an electrical contractor.
Surrounding Land Us es
Surrounding properties include a variety of land uses and zoning. To the west is a transmission
substation which is zoned A-1 . Abutting the property to the southwest are three parcels (5120,
5110 , and 5006 Parfet Street) all zoned Agriculture-One (A-1) with single family , greenhouse and
fanning uses. To the north and east of the property are developments zoned PID , which have a
variety of office/warehouse and manufacturing uses . The property south of Lot 2 is an
undeveloped parcel zoned Planned Commercial Development (PCD).
This area has a large number of PIDs as opposed to straight industrial zonings because until 2012 ,
there were no other industrial rezoning options. However, Planned Developments do not
necessarily age well and can result in a cumbersome process for prospective owners to amend.
With recently adopted design guidelines and code amendments , city staffhas a large amount of
oversight with administrative site plan reviews . The Architectural and Site Design Manual was
updated in 2012 to include design standards specifically for heavy commercial and light industrial
land uses , and the document clearly defines minimum building and site design standards for
industrial development. These standards are up to date with current planning goals of the City-
including appropriate buffers and articulated design-as opposed to many older PIDs that may no
longer be aligned with the goals of the City.
Current and Propos ed Zoning
The existing PID and proposed 1-E districts are very similar as they both allow industrial and
commercial uses with minor differences. One of those differences is that mini warehouse storage
is not listed as a permitted use in the approved ODP . It would be allowed in the 1-E district , which
the applicants are proposing to rezone to instead of attempting to go through ODP and FDP
amendments. A portion of the site is currently zoned A-1 , as it was not rezoned to PID in 2003 .
The applicants are proposing to incorporate this portion into the I-E rezoning to facilitate
development of the property.
Council Action Fonn -Parfet Storage
January 26, 2015
Page 3
RECOMMENDED MOTION:
"I move to approve Council Bill No. 04-2015 , an ordinance approving the rezoning of property
located at 5130 Parfet Street from Planned Industrial Development (PID) and Agricultural-One
(A-1) to Industrial-Employment (1-E) on first reading , order it published, public hearing set for
Monday, February 23 ,2015 at 7 p.m. in City Council Chambers , and that it take effect 15 days
after final publication."
REPORT PREPARED/REVIEWED BY:
Sara White, Planner II
Kenneth Johnstone, Community Development Director
Patrick Goff, City Manager
ATTACHMENTS:
1. Council Bill No. 04-2015
CITY OF WHEAT RIDGE
INTRODUCED BY COUNCIL MEMBER-------
COUNCIL BILL NO. 04
ORDINANCE NO. ___ _
Series of 2015
TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY
LOCATED AT 5130 PARFET STREET FROM PLANNED
INDUSTRIAL DEVELOPMENT (PID) AND AGRICULTURAL-
ONE (A-1) TO INDUSTRIAL-EMPLOYMENT (I-E) (CASE NO. WZ
14-15/PARFET STORAGE)
WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes
procedures for the City's review and approval of requests for land use cases; and
WHEREAS, Parfet Storage, LLC has submitted a land use application for
approval of a zone change to the Industrial-Employment zone district for property
located at 5130 Parfet Street; and
WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan-
Envision Wheat Ridge-which calls for land uses that support employment; and
WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing
on January 15, 2015 and voted to recommend approval of rezoning the property to
Industrial-Employment (I-E).
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Upon application by Parfet Storage, LLC for approval of a zone
change ordinance from Planned Industrial Development (PI D) and Agricultural-
One (A-1) to Industrial-Employment (I-E) for property located at 5130 Parfet
Street, and pursuant to the findings made based on testimony and evidence
presented at a public hearing before the Wheat Ridge City Council, a zone
change is approved for the following described land:
LOTS 1, 2 AND 3, PARFET PARK SUBDIVISION , TRACT 2 REPLAT, COUNTY OF
JEFFERSON , STATE OF COLORADO
Section 2. Vested Property Rights. Approval of this zone change does not
create a vested property right. Vested property rights may only arise and accrue
pursuant to the provisions of Section 26-121 of the Code of Laws of the City of
Wheat Ridge.
Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines,
and declares that this ordinance is promulgated under the general police power
of the City of Wheat Ridge, that it is promulgated for the health, safety, and
ATTACHMENT 1
welfare of the public and that this ordinance is necessary for the preservation of
health and safety and for the protection of public convenience and welfare . The
City Council further determines that the ordinance bears a rational relation to the
proper legislat ive object sought to be attained.
Section 4. Severability; Conflicting Ordinance Repealed. If any section ,
subsection or clause of the ordinance shall be deemed to be unconstitutional or
otherwise invalid , the validity of the remaining sections , subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in
conflict with the provisions of this Ordinance are hereby repealed .
Section 5. Effective Date. This Ordinance shall take effect 15 days after final
publication , as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to _ on
this 26th day of January , 2015 , ordered it published with Public Hearing and
consideration on final passage set for Monday, February 23, 2015 at 7:00 o'clock
p.m., in the Council Chambers , 7500 West 29 th Avenue , Wheat Ridge , Colorado , and
that it takes effect 15 days after final publication.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of to , this 23rd day of February , 2015.
SIGNED by the Mayor on this ___ day of _______ , 2015 .
ATTEST :
Janelle Shaver, City Clerk
1st publication :
2 nd publication :
Wheat Ridge Transcript:
Effective Date :
Joyce Jay, Mayor
Approved as to Form
Gerald Dahl , City Attorney
Council Action Form -Sex Offender Registration Fees
January 26 , 2015
Page 2
in $3,050 in revenue. Of that $3,050, $50 remains outstanding, resulting in an approximate 2%
revenue Joss.
For 2013, 49 initial registrations were completed. At $75 per registration, $3,675 should have
been collected. To date, $1,135 remains outstanding, equaling roughly a 30% loss in revenue.
Eighty-eight annual registrations have been completed. At $25 per registration, $2,200 in fees
should have been paid. Of that $2,200, $50 is unpaid, resulting in an approximate 2% loss in
revenue. Based on our estimates, this equates to approximately 13-16 sex offenders a year who
fail to pay their initial or annual registrations in full.
B AC KGRO UN D:
The revenue generated by sex offender registration fees aids in covering the time and labor required
by the registrar to prepare registration forms, generate an offender's file, register the offender,
process the offender's registration, and post the offender's information on the department's public
sex offender list. The public list is of vital importance, as it promotes the safety of citizenry by
providing information on the identity and location of sex offenders in the area.
C.R.S 16-22-1 08( I )(a)(II) requires that an offender "shall register ... by completing a
standardized registration form ... and paying the registration fee imposed by the local law
enforcement agency." Despite this provision, the passage ofHouse Bill 11-1278 changed the
pursuit of payment for outstanding fees from a criminal to a civil process. Currently, WRPD has
no civil process in place , and the passage of the bill effectively took the "teeth" out of enforcing
the payment of registration fees. Continued verbal payment requests by the registrar to the
offenders have also proven ineffective, particularly if the offender has moved out of the City.
This department's Notice to Pay Fee fonn also specifies that a registrant "shall not be considered
registered until the fee has been paid." However, C.R.S 16-22-1 09(3) requires a law enforcement
agency to "repmi" registrations (via CCI C) to the Colorado Bureau of Investigation "within three
business days." Due to this requirement, an offender's registration cannot lawfully be held until
his/her fee is paid. It would also be detrimental to public safety to hold an offender's registration,
and not provide the information on the offender to our citizens.
A process that allows the City of Wheat Ridge to issue a summons to appear in Municipal Court
to sex offenders who do not pay the requisite fee would greatly assist in fee collection. Other
jurisdictions, such as the City of Brighton, have passed such an ordinance, and effectively
increased their rate of fee compliance to I 00%.
R EC OMMEN DAT IO NS :
It is recommended that an ordinance be passed requiring the payment of sex offender
registration fees at the time of registration.
A second option is to not pass the fee and absorb the cost of those offenders who choose
not to pay the fee.
Council Action Form -Sex Offender Regi stration Fees
January 26, 2015
Page 3
RECOMMENDED MOTION:
"I move to approve Council Bill No. 05-2015 , an ordinance approving a new section (16-
160) of the Wheat Ridge Code of Laws , requiring the payment of sex offender fees at the
time of registration, on first reading, order it published, public hearing set for Monday,
February 9, at 7:00p.m. in City Council Chambers , and that it take effect 15 days after
final publication."
Or,
"I move to postpone indefinitely Council Bill No. 05-2015, an ordinance approving a
new section (16-160) of the Wheat Ridge Code of Laws , requiring the payment of sex
offender fees at the time of registration for the following reason(s) ________ "
REPORT PREPARED/REVIEWED BY:
Dave Pickett, Commander
Daniel Brennan , Chief of Police
Patrick Goff, City Manager
ATTACHMENTS:
1. Council Bill No. 05-2015
2. Staff Report dated January 5, 2015
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER------
COUNCIL BILL NO. 05
ORDINANCE NO. ___ _
Series 2015
TITLE: AN ORDINANCE ADOPTING A NEW SECTION (16-160) OF THE
WHEAT RIDGE CODE OF LAWS REQUIRING THE PAYMENT
OF SEX OFFENDER FEES AT THE TIME OF REGISTRATION
WHEREAS, the City of Wheat Ridge, Colorado (the "City''), is a Colorado home
rule municipality, duly organized and existing pursuant to Section 6 of Article XX of the
Colorado Constitution; and
WHEREAS, pursuant to C.R.S. § 16-22-1 08(1 )(a)(ll), the Wheat Ridge Police
Department (WRPD) is required to accept and process sex offender registrations from
City residents who are required by law to register as sex offenders; and
WHEREAS, in association with sex offender registration, the WRPD is authorized
by C.R.S. § 16-22-108(7) to impose and collect a registration fee, which fee recoups a
portion of the City's cost in staff time and resources necessary to process sex offender
registrations, including but not limited to maintaining the City's public sex offender list; and
WHEREAS, when a sex offender fails to pay the applicable registration fee, the
WRPD may not lawfully refuse to process the offender's registration, and the Council finds
that the WRPD should not refuse to process such a registration, it being of critical
importance that sex offenders are timely registered and that public registration lists remain
current and accurate; and
WHEREAS, for calendar years 2012 and 2013, the WRPD reports that it carries
two thousand seven hundred eighty-four dollars ($2, 784.00) in outstanding unpaid sex
offender registration fees; and
WHEREAS, the collection of registration fees is necessary to continue to fund the
City's obligations concerning sex offender registration and there is currently no effective
means of enforcing the requirement to pay such fees; and
WHEREAS, the City Council therefore finds that it is necessary and desirable to
adopt local Code requirements concerning sex offender registration and the payment of
registration fees so that such requirements may be quickly and effectively pursued in the
Wheat Ridge Municipal Court.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE, COLORADO:
Section 1. Chapter 16 of the Wheat Ridge Code of Laws, concerning Offenses, is
hereby amended by the addition of a new Section 16-160, concerning sex offender
registration and fees, to read in its entirety as follows:
Attachment 1
Sec. 16-160. Sex Offender Registration and Fee Required.
(a) Every person who is required by statute, ordinance, law , rule,
regulation or any other legal obligation to register as a sex offender with
the Wheat Ridge Police Department shall register with the Wheat Ridge
Police Department in the time frame prescribed by such statute ,
ordinance, law, rule, regulation or other legal obligation. It is unlawful to
fail to register as required by this subsection.
(b) Every person who is required to register as a sex offender with the
Wheat Ridge Police Department pursuant to subsection (a) of this Section
shall , at the time of registration , pay the applicable sex offender
registration fee as set forth in the Wheat Ridge Police Department Fee
Schedule, as adopted and amended by the City Council from time to time .
It is unlawful to fail to timely pay the registration fee required by this
subsection.
Section 2. Safety Clause . The City Council hereby finds, determines , and
declares that this Ordinance is promulgated under the general police power of the
City of Wheat Ridge , that it is promulgated for the health, safety , and welfare of the
public and that this Ordinance is necessary for the preservation of health and safety
and for the protection of public convenience and welfare . The City Council further
determines that the Ordinance bears a rational relation to the proper legislative
object sought to be attained.
Section 3. Severability; Conflicting Ordinances Repealed. If any section,
subsection or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid , the validity of the remaining sections , subsections and clauses
shall not be affected thereby. All other ordinances or parts of ordinances in conflict
with the provisions of this Ordinance are hereby repealed .
Section 4. Effective Date . This Ordinance shall take effect fifteen (15) days after
final publication , as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of to
___ on this 26th day of January, 2015 , ordered published in full in a newspaper of
general circulation in the City of Wheat Ridge and Public Hearing and consideration on
final passage set for , 2015 , at 7:00 o'clock p.m., in the Council
Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a
vote of to , this day of , 2015 .
SIGNED by the Mayor on this ____ day of _________ , 2015.
Joyce Jay, Mayor
2
ATTEST :
Janelle Shaver, City Clerk
First Publication:
Second Publication:
Wheat Ridge Transcript
Effective Date:
Approved As To Form
Gerald E. Dahl, City Attorney
3
Staff Report: Unpaid Sex Offender Registration Fees
January 5, 2015
Page2
BACKGROUND:
The revenue generated by sex offender registration fees helps cover the time and labor required
by the sex offender registrar to prepare registration forms, generate an offender's file, register the
offender, process the offender's registration , and post the offender's information on WRPD's
public sex offender list. The public list is of vital importance, as it promotes the safety of
citizenry by providing information on the identity and location of sex offenders in the area.
C.R.S 16-22-1 08(1 )(a)(II) requires that an offender "shall register ... by completing a
standardized registration form ... and paying the registration fee imposed by the local law
enforcement agency." Despite this provision, the passage of House Bill 11-1278 changed the
pursuit of payment for outstanding fees from a criminal process to a civil process. Currently
WRPD has no civil process in place, and the passage of the bill effectively took the "teeth" out
of enforcing the payment of registration fees . Continued verbal payment requests by the sex
offender registrar to the offenders have also proven ineffective, particularly if the offender has
moved out of the City.
This department's Notice to Pay Fee form also specifies that a registrant "shall not be considered
registered until the fee has been paid." However, C.R.S 16-22-1 09(3) requires a law
enforcement agency to "report" registrations (via CCI C) to the Colorado Bureau of Investigation
''within three business days." Due to this requirement, an offender's registration cannot lawfully
be held until his/her fee is paid. It would also be detrimental to public safety to hold an
offender's registration and not provide the infonnation on the offender to our citizens.
A process that allows the City of Wheat Ridge to issue a summons to appear in Municipal Court
to sex offenders who do not pay the requisite fee would greatly assist in fee collection. This
summons would be issued at the time of registration if the offender failed to pay the fee. The
City of Brighton has passed such an ordinance, and effectively increased theiLfee compliance to_
100%. The summons mandates a court appearance but the case is dismissed if the offender
remits the fee.
In seeking a solution to the unpaid registration fee problem , staff examined other entities within
the City. None of the current processes used by other departments would be effective in
collecting unpaid fees. Staffbelieves the most effective mechanism to collect unpaid sex
offender registration fees is the issuance of a Municipal Court summons.
RECOMMENDATIONS:
Staff recommends that an ordinance be passed requiring the payment of sex offender
registration fees at the time of registration.
A second option is to not pass the ordinance, and absorb the cost of those offenders who
choose not to pay the fee.
ATTACHMENTS:
1 . Proposed Ordinance
2. House Bill I 1-1278
DP /ck
Council Action Form -Interference with Public Officers
January 26, 2015
Page2
and physical resistance. While not a part of an officer's job description, it is reasonably expected
that s/he tolerate some level of verbal criticism and resistance, from both the practical
perspective (the frequency with which it occurs) and legal perspective (some such expression
may constitute protected First Amendment speech). To fairly and lawfully constitute
"interference," speech must actually hinder, impair or prevent the officer or firefighter from
perfonning his or her duties.
Code Section 16-156(b) prohibits the act of threatening a public officer or official with
"violence, reprisal , or any other injurious act ," with nothing more. Under this language, a
statement such as , "I'll have your job for this," is unlawful and subject to criminal prosecution.
This ordinance deletes subsection (b) entirely; the Police Department recommends that officers
instead issue citations for these offenses, when appropriate, under the state law on this topic.
That state law requires that threatening language actually obstruct , impair, or hinder the public
officer's perfonnance of duties.
Code Section 16-156( d) makes it unlawful for any person to refuse to give their name, address or
date ofbirth when requested by an officer. Under case law interpreting the Fourth Amendment
(which govems the detention of people by officers), an individual is required to give this
infOimation to an officer when they are reasonably being detained for investigatory purposes.
Accordingly, this ordinance amends cun·ent subsection (d) (now , (c)) to require probable cause.
These amendments bring Code Section 16-156 in line with the current state ofthe law.
RECOMMENDATIONS:
Approve the ordinance as presented.
RECOMMENDED MOTION:
"I move to approve Council Bill No. 06-2015, an ordinance amending Section 16-156 of the
Wheat Ridge Code of Laws conceming interference with public officers perfonning their duties ,
on first reading, order it published, public hearing set for Monday, February 9, 2015 at 7:00p.m.
in City Council Chambers , and that it take effect fifteen days after final publication."
Or,
"I move to postpone indefinitely Council Bill No. 06-2015 , an ordinance amending Section 16-
156 of the Wheat Ridge Code of Laws conceming interference with public officers perfonning
their duties, for the following reason(s) "
REPORT PREPARED/REVIEWED BY;
Carmen Beery, City Attomey's Office
Patrick Goff, City Manager
ATTACHMENTS:
1. Council Bill No. 06-2015,
2. Staff Report of January 5, 2015
TITLE:
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER------
Council Bill No. 06
Ordinance No. -----Series of 2015
AN ORDINANCE AMENDING SECTION 16-156 OF THE WHEAT RIDGE CODE
OF LAWS CONCERNING INTERFERENCE WITH PUBLIC OFFICERS
PERFORMING THEIR DUTIES
WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a Colorado home rule
municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado
Constitution; and
WHEREAS, pursuant to its home rule authority and C.R.S. § 31-15-401 , the City, acting
through its City Council (the "Council"), is authorized to adopt rules and regulations prohibiting certain
conduct and defining general offenses that harm or pose a threat to the public health, safety or welfare;
and ·
WHEREAS, pursuant to such authority, the Council has previously defined and adopted certain
general offenses, codified as Chapter 16 of the Wheat Ridge Code of Laws ("Code"), including a
prohibition of interfering with public officers in the performance of their duties, codified as Code Section
16-156; and
WHEREAS, the Council finds that said Section 16-156 should be amended and updated to
reflect the current state of the law concerning investigatory stops and interference with officers .
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO:
Section 1. Section 16-156 of the Wheat Ridge Code of Laws, concerning interference with
public officers when discharging their duties, is hereby amended as follows :
Sec. 16-156. Same-When in discharge of duties.
(a) It is unlawful for any person to use and/or to threaten to use violence , force, or
physical interference, or any obstacle for the purpose of knowingly obstructing,
impairing, hindering or attempting to prevent the investigation of any incident, the
enforcement of any penal code , or the preservation of the peace by a police officer or
a peace officer acting under color of fH5 official authority, and/or any canine utilized by
any police officer in the discharge of such authorized official law enforcement duties,
or knowingly to obstruct, impair, hinder or attempt to prevent the prevention, control or
abatement of fire by a fireman FIREFIGHTER acting under color of fH5 official
authority.
(b) It is unlmvful fer any person to threaten violence, reprisal or any ether injurious
act to any police officer, peace officer, fireman, city employee or other public official
who is engaged in the performance or attempted performance of his official duties, or
to make such a throat by reason of such officer's performance or attempted
performance of his official duties .
W It is unlawful for a person knowingly to give false information or a false name
or a false address to a police officer or a peace officer acting under color of official
authority with the purpose of implicating another or with the intent to hide one's own
rea l name, address or age .
(C d) It is unlawful for a person WHO HAS BEEN STOPPED BY A POLICE
OFFICER OR PEACE OFFICER ACTING UNDER COLOR OF OFFICIAL
AUTHORITY, UPON REASONABLE SUSPICION THAT THE PERSON IS
COMMITTING , HAS COMMITTED OR IS ABOUT TO COMMIT A CRIME , TO
knowingly te refuse to reveal his correct name, address or date of birth when
requested to do so by SUCH a polioe officer or a pease offioer aoting under oolor of
offioial authority.
Section 2. Safety Clause . The City Council hereby finds , determines , and declares that
this Ordinance is promulgated under the general police power of the City of Wheat Ridge , that it is
promulgated for the health , safety , and welfare of the public and that this Ordinance is necessary for
the preservation of health and safety and for the protection of public convenience and welfare . The City
Council further determines that the Ordinance bears a rational relation to the proper legislative obj ect
sought to be attained .
Section 3. Severability; Conflicting Ordinances Repealed. If any section , subsection or
clause of this Ordinance shall be deemed to be unconstitutional or otherwise inval id, the val idity of the
remaining sections , subsections and clauses shall not be affected thereby . All othe r ordinances or
parts of ordinances in conflict with the prov isions of this Ord inance are hereby repealed.
Section 4. Effective Date . This Ordinance shall take effect fifteen (15 ) days after final
publication , as prov ided by Section 5.11 of the Charter.
INTRODUCED , READ , AND ADOPTED on first reading by a vote of to on this
26 1h day of January, 2015 , ordered published in full in a newspaper of general circulation in the City of
Wheat Ridge and Public Hearing and consideration on final passage set for February 9, 2015 , at 7:00
o'clock p.m., in the Council Chambers , 7500 West 29th Avenue , Wheat Ridge , Colorado .
READ , ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of
___ to , this day of , 2015.
SIGNED by the Mayor on this ___ day of _________ , 2015 .
Joyce Jay, Mayor
ATTEST :
Janelle Shaver, City Clerk
Approved As To Form
Gerald E. Dahl , City Attorney
2
First Publication:
Second Publication:
Wheat Ridge Transcript
Effective Date:
3
Council Action Form -Resolution Approving EMS Services
January 26 , 2015
Page2
The Wheat Ridge Fire Protection District Board of Directors approved the originallGA, and has
also approved the renewal of the I GA and the third amendment for the calendar year 2015.
FINANCIAL IMPACT:
There will be a minimal financial impact upon the City with the approval of renewing the
Agreement and the attached third amendment conceming ERTCC meeting requirements for the
calendar year 2015.
A 5% increase is requested by RuraVMetro-Pridemark Paramedic Services. This exceeds the
2.9% Denver-Boulder-Greeley Medical CPI for the first half of20 13 to the first half of2014.
The ERTCC recommends the increase to be effective on January 1, 2015.
BACKGROUND:
It continues to be the desire of the City to ensure the availability ofhigh quality emergency
ambulance service within the entire corporate limits of the City of Wheat Ridge. This has been
accomplished through an IGA with Rural /Metro/Pridemark Paramedic Services. The IGA has an
additional signatory, the Wheat Ridge Fire Protection District, who also has the same desire to
ensure and provide ambulance services within their defined fire district boundaries.
RECOMMENDATIONS:
It is recommended that the City Council approve a resolution to renew the IGA for ambulance
services within the City corporate limits for the calendar year of 2015.
It is also recommend that the attached amendment conceming ERTCC meeting requirements be
approved.
RECOMMENDED MOTION:
"I move to approve Resolution No. 08-2015, a resolution approving the renewal and
amendment of an lntergovemmental Agreement for ambulance services among the City of
Wheat Ridge, Wheat Ridge Fire Protection District and Rural /Metro of Central Colorado
dba Pridemark Paramedic Services, LLC."
Or,
"I move to postpone indefinitely Resolution No. 08-2015, a resolution approving the
renewal and amendment of an Intergovemmental Agreement for ambulance services among
the City of Wheat Ridge, Wheat Ridge Fire Protection District and Rural /Metro of Central
Colorado the following reason(s) "
REPORT PREPARED/REVIEWED BY:
Joseph Cassa, Division Chief
Daniel Brennan, Police Chief
Patrick Goff, City Manager
Council Action Form -Resolution Approving EMS Services
January 26, 20 I 5
Page 3
ATTACHMENTS:
I. Resolution No. 08-2015
2. IGA between City of Wheat Ridge and Pridemark Ambulance Service
3. StaffReport-Pridemark Paramedic Services 2014 Annual Review, dated January 26,
2015
4. Pridemark Ambulance Service Letter, dated December I, 2014
TITLE:
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 08
Series of 2015
A RESOLUTION APPROVING THE RENEWAL AND AMENDMENT OF
AN INTERGOVERNMENTAL AGREEMENT FOR AMBULANCE
SERVICES AMONG THE CITY OF WHEAT RIDGE, THE WHEAT
RIDGE FIRE PROTECTION DISTRICT AND RURAUMETRO OF
CENTRAL COLORADO DBA PRIDEMARK PARAMEDIC SERVICES,
LLC.
WHEREAS, the City of Wheat Ridge, Colorado (the "City), acting through its City
Council ("Council") is a home rule municipality with statutory and constitutional authority
to enact ordinances and enter into agreements for protection of the public health, safety
and welfare; and
WHEREAS, in the exercise of that authority, effective January 1, 2012, the
Council approved an Intergovernmental Agreement (the "IGA") among the City, the
Wheat Ridge Fire Protection District (the "District") and Rural Metro Ambulance, d/b/a
Pridemark Paramedic Services ("Pridemark") for the provision of ambulance services
within the City boundaries; and
WHEREAS, the IGA requires annual renewal and approval; and
WHEREAS, to ensure adequate emergency ambulance service, the Council
desires to renew the IGA for calendar year 2015; and
WHEREAS, one amendment to the IGA has been previously approved, on or
about February 11, 2013 concerning geographical response areas; and
WHEREAS, a second amendment to the IGA has been previously approved, on
or about February 10, 2014 concerning the roles and responsibilities of the City and the
ambulance provided concerning certain patient transports, including but not limited to
liability for the payment of costs for such services; and
WHEREAS, for such purpose and in conjunction with annual renewal of the IGA,
the Council wishes to approve the Third Amendment thereto; and
WHEREAS, Section 14.2 of the Wheat Ridge Home Rule Charter requires the
Council to approve agreements with other governmental entities by resolution or
ordinance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat
Ridge, Colorado, as follows:
Section 1. The Council hereby approves the renewal of the Intergovernmental
Agreement for ambulance services between the City of Wheat Ridge , the Wheat Ridge
Fire Protection District, and Rural/Metro of Central Colorado , Inc . d/b/a Pridemark
Paramedic Services , as amended on or about January 26 , 2015, for the 2015 calendar
year.
Section 2. The Council hereby approves the Third Amendment to the
Intergovernmental Agreement renewed under Section 1 above , attached hereto and
incorporated into this Resolution by this reference.
Section 3. This Resolution shall be effective immediately.
DONE AND RESOLVED this 26th day of January, 2015.
Joyce Jay, Mayor
ATTEST:
Janelle Shaver, City Clerk
2
Council Action Form -Resolution Approving EMS Services
January 26, 2015
Page 3
ATTACHMENTS:
I. Resolution No. 08-2015
2. IGA between City of Wheat Ridge and Pridemark Ambulance Service
3. StaffReport-Pridemark Paramedic Services 2014 Annual Review, dated January 26 ,
2015
4. Pridemark Ambulance Service Letter, dated December 1, 2014
~._A_,
... J ~ City of • ~WlieatRi___dge
INTERGOVERNMENTAL AGREEMENT
RFP-11-31
AN AGREEMENT AMONG THE CITY OF WHEAT RIDGE, THE WHEAT RIDGE FIRE
PROTECTION DISTRICT, AND RURAL/METRO OF CENTRAL COLORADO, INC. d/b/a
PRIDEMARK PARAMEDIC SERVICES, FOR AMBULANCE SERVICES.
1.0 PARTIES. The parties to this Agreement are the City of Wheat Ridge , a Colorado
municipal corporation (hereinafter referred to as "the City"), Wheat Ridge Fire Protection District,
an independent , quasi-municipal corporation, (hereinafter referred to as the "Fire District") and
RURAL/METRO OF CENTRAL COLORADO. INC . d/b/a PRIDEMARK PARAMEDIC SERVICES ,
(hereinafter referred to as "the Company").
2.0 RECITALS AND PURPOSE. The City and Fire District desire to ensure the availability of
high quality emergency ambulance service within the entire corporate limits of the City of Wheat
Ridge, and the boundaries of the Fire District, and the Company agrees to provide such services
pursuant to the terms of this Agreement.
£.1 The response area of the City of Wheat Ridge is within the corporate city limits.
If the destination is in an overlapping area with another City, the call should be
handled by the provider who is contracted with the originating call dispatch
center. If this is not feasible, the responding fire protection district/department
must be immediately notified.
2.2 The response area for the Fire District shall include the Town of Mountain View,
unincorporated Jefferson County which is within the Fire District , Town of
Lakeside excluding the amusement park and the single family dwellings , those
portions of the Fire District that are located within the Fairmount Fire Protection
District and the City of Lakewood . Effective January 1, 2013, the City of
Edgewater became a response area of the Wheat Ridge Fire Protection District.
3.0 TERMS AND CONDITIONS .
ll Service . The Company will maintain a response time of six (6) minutes on
emergency responses 90% of the time and a response of ten (10) minutes on non-
emergency 90% of the time. The Company shall make available a sufficient ALS
ambulance to respond to calls for medical assistance within the City and Fire District for it
to meet the required response times . The Company further agrees to make available
backup ambulances to the City and Fire District with response time of eight (8) minutes or
less .
3.1.1 The Company shall provide EMS services twenty-four hours a day,
seven days a week , and three hundred sixty-five days per year .
Response shall be without regard to the patient's ability to pay .
3.1.2 The standard of care shall include the Denver Metro Paramedic Protocol
Standards .
3.1.2.1 The emergency medical services standard of care shall be ALS
ambulances staffed with at least one licensed paramedic on
board each ALS unit. The EMS duties shall be performed under
the control and direction of the paramedic. At least one qualified
EMT can also be a member of each crew . ALS crews shall
respond on all calls for service . After initial assessment by a
paramedic , and only when deemed medically appropriate , a BLS
crew, consisting of no less than two (2) EMT's , may provide
transportation to the hospital.
3.1.3 The company shall be required to develop and maintain a current
deployment plan . Deployment plans must contain the following
elements:
3.1.3.1 Identification of the number of ambulances to be deployed during
each hour of the day and day of week .
3.1.3 .2 A description of 24 hour system status management strategies to
deploy or re-deploy resources to meet performance
requirements .
3.1.3 .3 A description of how the company will meet the demand for
emergency ambulance response during peak periods and during
unexpected periods or unusually high call volume.
3.1.4 In the event there will be a recognized delay where the anticipated travel
time exceeds the emergent response time of six (6) minutes or the non-
emergent response time of ten (1 0) minutes, the Incident Commander of
the situation shall be notified. The Incident Commander will then make
the decision as to authorizing the continued response of the Company,
or to request other EMS service providers .
3.1.5 The Fire District requires an ambulance response when the call for
service is a confirmed structure fire even if it has been determined that
there are no confirmed injuries at the onset of the call. The ambulance
response shall be non-emergent unless otherwise notified by the City or
the responding fire protection district/fire department.
3.1 .6 For purposes of this Agreement, the following priorities shall apply to
EMS Services :
3.1.6.1 Emergent (Priority 1) Response: Situation determined by the
emergency medical dispatcher, in strict compliance with the
medical priority dispatch "b", "c", "d", or "e" response codes and
their associated criteria.
3.1.6.2 Non-Emergent (Priority 2) Response: Situation determined by
the emergency medical dispatcher, in strict compliance with the
medical priority dispatch "a" response code and associated
criteria.
3.2 Penalties for Non-Compliance .
3.2.1 The Company understands that the failure to comply with response times
will result in damages to the City and/or Fire District and that it is
impracticable to determine the actual amount of such damages .
Therefore, the Company, City, and Fire District now agree that the
liquidated damages specified for EMS services are reasonable . All
liquidated damages shall be late if not receive by the City or the Fire
District no later than thirty (3) days after written receipt of notice of the
liquidated damages . The penalties for non-compliance of service delivery
are established as the following fractile minimum times and actual
penalties for non-compliance:
Emergent & Non-Emergent Responses Financial Penalty Per Month
90% or above $0.00
85% to 89 .99 % $ 1,500
80% to 84 .99% $2,500
75% to 79 .99% $3,500
74 .99% and below $4,500
3.2.2 Additional penalties shall also be assessed against the Company in the
following instances :
3.2.2.1 A $100 penalty charge shall be assessed for each instance in
which the Company fa ils to give the responding fire protection
district/department communications center it's "enroute to scene "
or "arrival at scene " times in conformance with missing data
penalties . For each instance in which an ambu lance was
dispatched and the crew fails to report is times or any other
information on which the measurement of system performance
depends , the $100 penalty will apply per occurrence .
3.2 .2.2 A $100 penalty shall be assessed for any response time greater
than fifteen (15) minutes .
3.2.2.3 Penalties collected in conformance with this Agreement shall be
given to the City contracted Victim Services Program , or another
service program that is related to the provision of EMS services
as determined by the EMS Response Time Compliance
Committee .
3.2.2.4 Response times for EMS services will be measured from the
time the Company is documented as dispatched by the
emergency medical dispatcher until the dispatcher is notified and
documents the service provider has arrived on-scene (or in the
case of another location other than the actual scene , the staging
area or nearest accessible point for the ambulance (i.e . fence ,
apartment complex parking lot, etc.) The Company agrees the
Company's communications center shall be the official record of
each call. All compliance response times shall be immed iately
available for review upon request.
3.2.2.5 If the Company is upgraded prior to the first EMS ambulance
arriving on scene , compliance with response time and liquidated
damages will be calculated based on the shorter of:
3.2 .2.5.1 Time elapsed from dispatch time , as spec ified to
time of upgrade plus the higher priority response
time , or
3.2.2.5.2 The lower priority response time requirement.
3.2.2 .6 Downgrades may be initiated by emergency medical dispatchers
when the response was dispatched becomes available that
indicates , in strict accordance with the medical priority dispatch
response codes , that the response should have been dispatched
at a lower priority . Downgrades may also be initiated by the City
and/or EMS first responders of the Company's supervisory
personnel who arrive on scene prior to the first EMS ambulance
in a accordance with the medical priority dispatch response
codes . If a response id downgraded prior to the arrival on scene
of the first EMS ambulance , the Company's compliance with
response time and liquidated damages will be calculated based
on :
3.2.2.6.1 The lower pr iority response time standard , if the
EMS ambulance is downgraded before it would have
been j udged late under the higher priority response
time , or
3.2 .2.6 .2 The higher priority response time standard , if the
EMS ambulance is downgraded after it would have
been judged later under the higher priority response
time .
3.2.3 If the Company is unable to respond with a backup ambulance the
Company shall immediately call another ambulance company to provide
the required ambulance service and shall immediately notify the
communications center for the responding fire protection district/
department.
3.2.4 Equipment failure , traffic accidents , Company dispatch errors or lack of a
nearby ambulance shall not furnish grounds for release from response
time standards . If the Company feels that any response or group of
responses due "to unusual circumstances beyond the Company's
reasonable control ", the Company may request, in writing , that these
runs be excluded from response time performance calculations and
penalties .
3.2 .5 In the event of inclement weather, the parties further agree that a
weather emergency will be declared with the City Police Department or
the District deems appropriate .
3.2.6 During a disaster, it is mutually agreed upon by the parties , whether
within the response area or in a neighboring area or community, the
Company shall be exempt from the response time requirements stated in
this Agreement. A "disaster" may include widespread destruction or
endangerment of lives cause by severe weather , flooding , military or civil
actions , manmade or natural disasters .
3.2. 7 Prior to a period of unusual system overload within the City or the Fire
District , the Company shall have a plan in place which proactively
addresses the system overload .
3.3 Calls . In consideration of keeping such ambulances available this Agreement is
exclusive between the City, Fire District and the company for all PSAP generated
emergency and non-emergency ground medical transportation requirements within the
response area . The City and/or District shall not engage or utilize other contractors or
persons to perform ground medical transportation services of the same or similar nature ,
except in instances where , in the City and/or Distr ict's reasonable judgment, the service
provider is unable to provide the ground medical transportation services with in the
response times stated in the Agreement.
3.3.1 The Company further agrees that it shall respond to all calls directed by
the City or Fire District, and shall perform its duties under the direction and
control of the requesting agency.
3.3 .2 The City and the Fire District may requ ire an ambulance to be on site at
various festivals and public events at no additional cost to the City or Fire District.
3.3.3 Calls for service will include response by the Company for lift assists
(non-injury included) at no cost to the City or Fire District.
3.4 Compliance with Law . The Company agrees to comply with all federal , state ,
county , and local statutes , regulations , or ordinances in its provision of the services
described within this Agreement , and to maintain its current ambulance license issued by
Jefferson County. The Company agrees that its records and rosters regarding
equipment, vehicles , and training may be reviewed by the City or Fire District during
regular business hours .
3.5 Communications . The Company agrees to maintain communications capabilities
with the City of Wheat Ridge Police/Fire Communications Center and all police, fire, and
ambulance vehicles and equipment, as well as communications between the Company's
vehicles and the City and Fire District personnel on scene , and to maintain two back-up
speed dial lines containing the caller identification feature to the Communication Center ,
all at the Company's expense using direct telephone line capabilities. The Company
agrees to maintain channels one and two on the frequency of the Company's vehicles
and dispatch center. All radios used shall be programmed by Lakewood/West Metro
Area communication personnel.
3.6 Medical Supervision. The Company agrees to utilize a Physician Advisor agreed
upon by the City and Fire District. A Physician Advisor is defined as a physician who
establishes protocols for medical acts performed by paramedics , and who is specifically
designated and responsible to assure the competency of the performance of those acts
allowed by such paramedics . The parties hereto agree that this Section 3.5 shall be in
effect only for the scope of service detailed in this Agreement. The Company further
agrees to adhere to , as a minimum standard, the Denver Metropolitan Paramedic
Protocols , as amended , with respect to medical acts not governed by the protocols
developed by the Company Physician Advisor.
3.7 Rates . The Company shall be allowed to charge patients its usually and
customary rates. A copy of the Company's current rate schedule attached to this
Agreement as Exhibit A. Any changes to the rate schedule which exceed a Denver
Medical CPI must be approved by the City and Fire District before taking effect. Rates
will be evaluated as part of the performance evaluation .
3.7.1 Patients transported by the Company will be responsible for the full
amount of insurance deductibles and co-payments required prior to
insurance reimbursement. The maximum out of pocket expense will also
apply to patients who do not have insurance.
3.7.2 Rates should include cost containment measures that guarantee a
maximum out or picket expense to a patient who utilizes the service .
3.7.3 Only one price increase per year may be submitted . The request must
be at least sixty (60) days prior to the expiration date .
3.8 Detox and Mental Health Hold Transports . Notwithstanding any other provision
of this Agreement to the contrary, the Parties shall adhere to the following
protocols in regards to ambulance transports to detoxification facilities or to
medical facilities for purposes of mental health holds :
3.8.1 Detox Transports
A. City personnel and Company personnel will cooperatively attempt to
obtain subject consent to transport. If consent is obtained, the City
and Company shall each duly document such consent in its usual
manner of record-keeping.
B. If consent to transport cannot be obtained from an intoxicated
subject who is unable to care for himself or who requires
detoxification supervision or medical care , the Company shall
transport such a subject as a patient who lacks decision-making
capacity, in accordance with the Denver Metro Paramedic Protocols .
C. The Company shall bill the subject for the cost of detoxification
transports on the basis of either express or implied consent. The
Company agrees that it shall not seek to recover the costs of
detoxification transports from the City . The Parties recognize and
agree that such transports do not constitute "custody" for purposes of
Section 16-3-401 of the Colorado Revised Statutes .
3.8.2 Mental Health Hold Transports .
A. City personnel and Company personnel will cooperatively attempt to
obtain subject consent to transport if such personnel agree that
consent can be meaningfully given by the subject. If consent is
obtained , the City and Company shall each duly document such
consent in its usual manner of record-keeping .
B. If subject consent cannot be obtained pursuant to A. above :
i. If the subject lacks decision-making capacity , the Company will
transport the subject in accordance with the Denver Metro
Paramedic Protocols. In such even , and when City personnel
determine that the subject meets the applicable statutory criteria ,
City personnel shall provide completed mental health hold
documentation on the subject to Company personnel. Such
documentation is provided by the City as a fulfillment of its Police
Department duties and intended as a corroboration of the
determination of Company personnel that a subject requires
mental health hold documentation provided by City law
enforcement personnel is not an exercise or admission of
"custody" for purposes of CRS 16-3-401 and shall not be used
by the Company to seek to recover the costs of such transports
from the City .
ii. If the subject does not lack decision-making capacity , or if City
personnel believe the subject lacks such capacity but Company
personnel disagree , Company personnel shall contact the Base
Physician , in accordance with Guideline "E" under the "Mental
Health Holds " portion of the Denver Metro Paramedic Protocols ,
for a remote evaluation of the subject. The Base Physician shall
determine whether the subject must be transported against his
will. If the Base Physician orders the subject transported for
evaluation against his bill , the Company and City shall proceed
with transport , paperwork and billing as set forth under
paragraph i. above. If the Base Physician does not authorize the
transport of the subject against his will , the City shall not utilize
the Company for transport .
C. The Company shall bill the subject for the cost of mental hold
transports on the basis of either express or implied consent. The
Company agrees that it shall not seek to recover such costs from the
City and that mental health hold transports do not constitute
"custody" for purposes of Section 16-3-401 of the Colorado Revised
Statutes .
3.8.3 During transport , Company personnel shall exercise that degree of
physical control over patients as is required by relevant practices ,
customs and professional standards. If, despite the exercise of such
control , a person being transported pursuant to this Section 3.8 escapes
before he is delivered to his ultimate destination, the City expressly
agrees that such escape does not constitute a breach of this agreement
by Company.
3.8 .4 The City and Company each recognize and agree that mental health
holds , detoxification holds and other emergency commitments authorized
by law reflect a public policy of providing care and treatment to those
unable to obtain it themselves . Emergency holds and commitments do
not serve the same purposes and goals as arrests , detainments in jails
and other forms of traditional law enforcement "custody ," e.g., preventing
escape pending adjudication , segregating offenders as punishment and
protecting the law-abiding population . Each Party seeks to play its
customary role in protecting individuals and the public and in facilitating
the provision of care to those who need it without fear of unpredictable
and uncontrollable expenses .
4.0 HELICOPTER It is understood that in cases of extreme emergency, it may be
necessary to use a helicopter in lieu of, or in addition to, the Company 's ground services. Such
medical decisions to use the helicopter service shall be made by the police and/or fire personnel
or Company personnel on scene , with the primary responsibility for such medical decision making
resting with the Company after consultation with fire and police personnel on the scene .
5.0 CONTROL. The Wheat Ridge Police Department shall have control of all crime scenes
to which the Company is requested to respond . The Wheat Ridge Fire Protection District's
ranking officer on scene shall have control of all fire and EMS scenes . Company employees shall
consult with and follow the orders and directions given by the appropriate police or fire personnel ,
as such orders relate to scene contro l. The Company paramedic shall be in charge of all patient
care and transportation destination , i ncluding medical triage and mode of transportation , pursuant
to appropriate medical care protocols as approved by their physician advisor.
6.0 TRAINING . The Company agrees to provide upon request by either the City or the Fire
District and at the Company 's own expense , personnel to assist with the training of the City police
department personnel and/or Fire District personnel in the areas of First Responder , EMT and
CPR classes , along with appropriate CE medical training . These classes shall be held at times
mutually agreed upon by the parties hereto.
7.0 EQUIPMENT .
L1 The Company shall furnish, at its own expense , ambulances and accessory
equipment. The Company agrees to provide commonly used disposable supplies as
replacements for those supplies used by the responding fire protection
district/department during medical emergencies. These supplies will be initially stocked
by the company such that each responding fire protection district/department in the
district has ample supplies to respond to emergencies . The company will periodically re-
stock the supplies in a manner agreed by responding fire protection district/department.
7.2 The Company agrees that Jefferson County or any other licensing authority shall
have the right to inspect on an annual basis the Company's vehicles used for
performance of ambulance service , for the purpose of determining safety standards of
the veh icles used and , further, to ensure that the vehicles so used are equipped with that
accessory equipment required by the Department of Health, and said equipment shall be
in proper working order for the use in Advanced Life Support treatment. A permit issued
by the County or any other licensing authority shall be deemed as evidence of said
annual inspections .
7.3 The Company agrees , when operat ing its ambulance vehicles in an emergency
or non-emergency capacity , said veh icles will be driven in a safe and prudent manner, in
compliance with all State statutes , City and County ord inances relating to the operation of
emergency vehicles .
7.4 The company is encouraged to equip all EMS providers with NFPA 1071 , or
NFPA 1951-compliant personal protective equipment to include helmet, eye protection ,
gloves , coat , trousers , and boots . Furthermore , all EMS providers shall be provided
ANSI 207-compliant traffic safety vests. The requ ired equipment shall be worn on all
automobile accidents occurring with the response area of th is Agreement.
7.5 Upon request , the Company will provide details of their vehicle replacement
program .
8.0 COMPANY EMPLOYEES . Each crew shall consist of no less than a licensed paramedic
and one qualified EMT whose qualification meet the guidelines of the statutes , rules , and
regulations of the Emergency Medical Services Division of the Colorado Department of Health , as
amended, and are acceptable to the Company Physician Advisor .
!U_ The Company agrees , while operating its ambulance in and around the City and
Fire District boundaries , the employees of the Company shall maintain a professional
attitude and performance standard and level of conduct for Emergency Medical
Technicians and Paramedics .
8.2 The Company agrees to notify the City and Fire District within thirty (30) days of
changes in management personnel. Staff changes shall never change the level of
service .
8.3 The Company will provide the City and the Fire District a complete list of
Company field employees , their certifications , and completed cont inuing education
immediately upon request.
9.0 TERM. The parties mutually agree and understand that the term of this Agreement shall
be for a period of one (1) year from January 2012 thru January 2013 and upon the expiration of
said period , this Agreement may continue for four (4) additional one-year periods , subject to the
provisions hereof, provided that no event shall this Agreement continue for a period beyond five
(5) years from the date of execution hereof. Said Agreement shall be renewed for successive
one (1) year periods , as provided herein , subject to review and performance evaluation by the
Wheat Ridge City Council and the Wheat Ridge Fire District annually. This Agreement may be
terminated by either the City Council or the Fire District , following said review, or pursuant to the
provisions of this Agreement. Unless so terminated , this Agreement shall continue in full force
and effect.
The part ies further agree that the City or Fire District , upon a determination that the Company is
not performing the agreed upon services in a reasonable manner and/or in a timely fashion , shall
give written notice of such dissatisfaction , and failure of the Company to develop and implement a
plan to rectify substandard practices within ten (1 0) days from receipt of notice thereof, shall give
rise to the cancellation of this Agreement. Should such determination of dissatisfaction result
from a particular incident , the City or the Fire District will attempt to give oral notice within two (2)
business days of the incident giving rise to the dissatisfaction . Upon issuance of a second notice
of dissatisfaction , the City or Fire District may, at its option , cancel this Agreement without
affording the Company the opportunity to correct the complained of substandard practice .
Qj_ Nothing contained herein shall be construed as establishing any obligation on
behalf of the City and/or Fire District to make any monetary payment or other subsidy to
the Company by virtue of this agreement.
9.2 This Agreement shall remain in full force and effect provided , however, that either
party may terminate this Agreement sooner , other than for cause , upon one hundred
twenty (120) days notice . This termination provision shall also be applicable to any
renewable period exercised by the parties .
9.3 If any party fails to comply with any term of this Agreement , any other party may
terminate this Agreement immediately upon written notice indicating the termination date
and/or sue for breach of contract. In such event , the prevailing party in such dispute shall
be entitled to its reasonable costs , including its attorneys ' fees .
9.4 The obligations of the City and the Fire District hereunder are expressly subject
to the approval of annual appropriations , therefore , in the event of non-appropriation , this
Agreement shall be deemed terminated as of the end of the fiscal year for which funds
have been appropriated . Termination of the Agreement for this reason shall not constitute
a default or breach of the Agreement within the scope of Section 9.3. This Agreement
does not create or constitute a multi-year fiscal obligation of the City or of the Fire District.
10 .0 POLICY.
10.1 The Company's performance shall be reviewed annually by the City , Fire District
and Physician Advisor . A written performance report shall be submitted to the
City Council and the Fire District Board at the time of renewal of this Agreement.
10 .2 The Company agrees to be a participating member in any review committee
which is established by the City , the Fire District or by the approved Physician
Advisor.
10.3 The EMS Response Time Compliance Committee (ERTCC) is hereby
established for purposes of this Agreement. This committee shall meet on a
monthly basis . The Company agrees to maintain and provided to the City and/or
District monthly response time reports , ambulance trip reports to include the
patient's name , address, dispatch time , arrival time , destination time and the
patient's condition, and any other pertinent reports as requested by the ERTCC .
1 0.3.1 The ERTCC will review the response times and determination of
allowable exemptions . The determination of allowable exemptions will
be based upon the circumstances that existed during the particular
situation being reviewed . At the discretion of the committee members,
the allowance exemptions may not be reflected in subsequent monthly
statistics .
1 0.3.2 The parties agree that from time to time issues may arise where one
party has concerns regarding the employees of the other party(s) or
other issues related to the parties operations as they affect this
Agreement. The parties agree that , upon receipt of a request to address
any issue of this type , an appropriate representative of each party shall
promptly meet to explore the matter , and each party shall work in good
faith to address valid issues of concern .
10 .4 The City and/or District may, upon written notice , inspect the Company's records
to ensure compliance with this Agreement.
10 .5 Nothing contained within this section of the Agreement constitutes the waiver of
any patient's rights to confidentiality.
11 .0 ASSIGNMENT . Except as provided in this Section , the Company may not assign or
subcontract , its rights and obligations under this Agreement , without this prior written approval of
the City and Fire District.
12 .0 LIABILITY . Notwithstanding any language to the Contrary contained in this Agreement ,
the Company is an independent contractor and is not an employee or agent of the City or Fire
District. The Company assumes all liability for and agrees to indemnify and hold harmless the
City and Fire District. The Company assumes all liability for and agrees to indemnify and hold
harmless the City and Fire District from any and all claims for injuries or damages, including
attorney's fees, arising from the Company 's performance or lack of performance under this
Agreement except to the extent such claim for injury or damages which are the direct and
proximate result of an act or order of a police officer or other employee or volunteer of the City or
Fire District.
13 .0 INSURANCE. The parties further agree and understand that the Company shall maintain
and keep in force an automobile insurance liability Policy with a minimum coverage of One Million
Dollars ($1 ,000 ,000 .00) combined single limit for bodily injury and property damage .
13 .1 The Company shall maintain and keep in force a Professional and General
Liability insurance policy covering the employees of the Company for any and all
malpractice and/or negligent acts performed or committed by those employees of the
Company . Coverage for Professional/General liability shall be a minimum of one million
dollars ($1 ,000,000) for any one claim and one million dollars ($1 ,000,000) combines
single limit bodily injury and property damage.
13.2 Provided , however, that any language contained in this paragraph 13 to the
contrary notwithstanding, the Company agrees that there shall be in effect, no less than
one million dollars ($1 ,000 ,000) of insurance protection for each of the types of insurance
protection specified in paragraph 13 .1 hereof, which one million dollars ($1 ,000 ,000) of
minimum insurance coverage shall be available to each person or patient attended to or
transported by the Company pursuant to the terms hereof. The Company also agrees to
furnish the City and Fire District a Certificate of Insurance evidencing the minimum
amounts of coverage described above , and said policy shall further provide a specific
provision relating that , in the event of cancellation of said policy , the City and Fire District
shall be notified in writing ten (1 0) days prior to cancellation . The Company agrees to
name the City and Fire District as additional insured parties .
13.3 The Company shall maintain and keep in force a Workers' Compensation
insurance policy for all its employees . This coverage shall meet the statutory limits set
forth by the state of Colorado.
13.4 Each party shall be responsible for its own negligent acts , provided , however,
that nothing in this Agreement shall waiver any immunity, defense, or limitation of liability
available to either the City or the Fire District under the Colorado Governmental Immunity
Act , Section 24-10-101 , et. Seq., C.R.S .
IN WITNESS WHEREOF , the parties have executed this Agreement and intend for it to be in full
force and effect on the day of , 2014.
ATTEST:
JANELLE SHAVER, CITY CLERK
DATE
(Seal)
APPROVED AS TO FORM :
GERALD DAHL, CITY ATTORNEY
WHEAT RIDGE FIRE DISTRICT
ATTEST:
President: Jerry Cassel
Wheat Ridge Fire District
APPROVED AS TO FORM :
Wheat Ridge Fire District Attorney
OWNER
CITY OF WHEAT RIDGE
7500 W 29TH AVENUE
WHEAT RIDGE, CO 80033
303-234-5900
JERRY DITULLIO, MAYOR
CONTRACTOR
RURAL/METRO OF CENTRAL COLORADO, INC.
d/b/a PRIDEMARK PARAMEDIC SERVICES
6100 WEST 54TH AVENUE
ARVADA, CO 80002
AUTHORIZED SIGNATURE
PRINT NAME
TITLE
ATTEST TO CONTRACTOR:
NAME
TITLE
DATE
.... ~·~
...
6
r City of • .. ~Wheat;&_dge ~OLJCE DEPARTMENT
TO:
THROUGH:
FROM:
DATE:
SUBJECT:
Memorandum
Mayor Jay and City Council
Patrick Goff, City Manager
Daniel G. Brennan, Chief of Police
Joseph Cassa, Division Chief
Support Services Division
January 26 , 2015
StaffReport: Rural/Metro-Pridemark Paramedic Services:
2014 Annual Review
A meeting was held in November 2014 , to evaluate the services provided by Rural!Metro-Pridemark
Paramedic Services for the time period of January 1, 2014 , through and including, December 31 ,
2014.
The EMS Response Time Compliance Committee (ERTCC) meeting was held on November 13 ,
2014, in the Chiefs Conference Room at the Wheat Ridge Police Department. Those in
attendance were:
• Mike Donner, Regional Director, Rural/Metro Ambulance-Pridemark Paramedic Services
• Chantel Benish , General Manager for Colorado , Rural/Metro Ambulance-Pridemark
Paramedic Services
• Bob Olme, Fire Chief, Wheat Ridge Fire Protection District
• Joe Cassa , Division Chief, Wheat Ridge Police Department
• Michelle Stodden, Administrative Assistant, Wheat Ridge Police Department
At the monthly meeting held on January 8, 2015 , the police department proposed a change in the
required monthly meetings. The proposal was to meet on a quarterly basis, or as needed. The
ERTCC discussed and approved the recommendation to make this change.
The purpose of the meetings was to evaluate the performance of Rural/Metro-Pridemark Paramedic
Services , as outlined in the Intergovernmental Agreement (IGA) between the City of Wheat Ridge ,
Wheat Ridge Fire Protection District, and Rural/Metro-Pridemark Paramedic Services, which was
executed on October 24 , 2011 , to become effective on January 1, 2012. The IGA is for a period of
one calendar year, and can be continued for successive one-year periods , for an additional four years.
Under these terms , the current IGA will expire on December 31 , 2016.
The methodology used to conduct the review consisted of reviewing the terms of the agreement ,
followed by discussion between those parties in attendance.
StaffReport-Pridemark Annual Review
January 26 ,2015
Page2
The purpose of the IGA was to ensure the availability of adequate emergency ambulance service
within the entire corporate limits of the City of Wheat Ridge , and the boundaries of the Fire District.
This annual report includes all calls beginning January 1, 2014 , through and including, December 31 ,
2014.
3.1 Service
From January I, 2014 , through and including, December 31 , 2014, Rural /Metro-Pridemark
Paramedic Services was dispatched to 6,597 calls for service. Of these calls, there were 4,363
(includes both priority one and two calls) transports. There were 2, 775 priority one transports and
1,588 priority two transports.
The IGA requires a six-minute response time to emergency calls for service 90 % of the time . The
IGA requires a response time often minutes on non-emergency calls for service 90% of the time .
From January 1, 2014 , through and including, December 31 ,2014 , there were 3,956 emergency calls
for service responded to by Rural/Metro-Pridemark Paramedic Services. Of these calls, 92 .08 % were
responded to in under the six minutes , as required by the IGA. The six-minute fractile of90% was
reached in all months of the time period included in this report.
According to Wheat Ridge Fire Department Chief Bob Olme, the average response time of the Wheat
Ridge Fire Department for the reporting period of time in this report is four minutes and two seconds
for priority one calls. For the reporting period , the District responded to 3,037 calls for EMS related
services .
From January 1, 2014 , through and including, December 31 , 2014 , there were 2,635 non-emergency
calls for service responded to by Rural/Metro-Pridemark Paramedic Services. The ten-minute fractile
of 90% was reached in all months included in this reporting period . 95.6% of the non-emergency
calls were responded to within the required ten-minute fractile of90%.
3.1.3 Company Deployment Plan
Rural/Metro-Pridemark Paramedic Services' deployment plan is reviewed on a daily basis with
respect to call volume and geographical distribution of calls for service.
3.1.6. Response Priorities
Chief Olme and Division Chief Cassa reported that there have been no issues with this section.
All other portions of this section of the IGA were complied with throughout the year 2014 .
3.2 Penalties for Non-Compliance
3.2.2.1 Required Notification
Chief Olme stated there have been instances where the required notifications by Rural /Metro-
Pridemark Paramedic Services crews to the West Metro Dispatch Center, as required by this section,
have not been made. He reported these issues have been addressed through proactive and positive
meetings.
3.2.2.2 Penalty for response times greater than 15 minutes
This penalty section has not been invoked. Rural /Metro-Pridemark Paramedic Services has had
Staff Report -Pridemark Annual Review
January 26 , 2015
Page 3
reasonable explanations for violations of this section to the satisfaction of the ERTCC. Examples
include weather and road conditions and the staging of the EMS crew outside the immediate area of
the police response on certain police calls for service.
3.3 Calls
All portions ofthis section ofthe IGA were complied with throughout the year 2014.
3.4 Compliance with Law
All portions ofthe section ofthe IGA were complied with throughout the year 2014. A copy of the
Jefferson County License to Operate Ambulance Service is attached. The current license expires in
May, 2015.
3.5 Communications
Rural!Metro-Pridemark Paramedic Services maintained one T-1 line for communications with the
Police Department Communications Center, and two backup speed dial lines having caller ID.
The Wheat Ridge Fire Protection District continued its contract with West Metro Fire Protection
District to provide dispatching services for fire and selected EMS calls as determined by the Fire
Protection District.
3.6 Medical Supervision
Throughout the year 2014 , Dr. Mike Stackpool (Lutheran Medical Center) remained the physician
advisor for Rural/Metro-Pridemark Paramedic Services.
3.7 Rates
A 5% increase is requested by Rural/Metro-Pridemark Paramedic Services. This exceeds the 2.9%
Denver-Boulder-Greeley Medical CPI for the first half of201 , to the first half of2014. The ERTCC
recommends the increase to be effective on January 1, 2015.
4.0 Helicopter
There were no helicopter responses throughout the year 2014.
5.0 Control
All portions ofthe section of the IGA were complied with throughout the year 2014.
6.0 Training
Rural /Metro-Pridemark Paramedic Services remains to provide continuing education topics (such as
influenza and ebola) for Police and Fire Department personnel as needed.
Pridemark Paramedics continued to provide regularly scheduled EMS classes for all Wheat Ridge
Fire Department personnel. Topics included poisioning and narcotic overdoses, pediatric trauma ,
fractures and splinting, the pediatric ALTE, GI-GU emergencies, chest trauma, geriatric emergencies,
start triage and jumpstart, hemorrhagic shock, extremity trauma, managing the pediatric arrest and
OB emergencies.
7.0 Equipment
There were no issues during 2014 regarding personal protective equipment, medical equipment and
the operation ofRural/Metro-Pridemark Paramedic Services' vehicles in a safe and prudent manner,
Staff Report -Pridemark Annual Review
January 26 , 2015
Page4
and being in compliance with appropriate state statutes, and city and county ordinances relating to the
operation of emergency vehicles.
8.0 Company Employees
Throughout 2014 , each Rural/Metro-Pridemark Paramedic Services crew consisted of no less than a
licensed paramedic and one qualified EMT. All crew members were licensed throughout this
evaluation period .
8.1
There were no complaints made regarding the company employees maintaining a professional
attitude and perfom1ance standard and level of conduct throughout this evaluation period.
9.0 Term
This IGA was executed on October 24 , 2011 to become effective on January 1, 2012. The IGA was
for a period of one calendar year, and can be continued for successive one-year periods for an
additional four years. Under these terms , the current IGA will expire on December 31 ,2016 . The
agreement allows for successive one-year agreements subject to review by the Wheat Ridge City
Council and the Wheat Ridge Fire Protection District annually. There have been no issues with this
section of the IGA.
10.0 Policy
The EMS Response Time Compliance Committee (ERTCC) convened monthly on a regular and
consistent basis throughout 2014. These meetings include a variety of topics and issues , to include
review ofRural/Metro-Pridemark Paramedic Services response times to emergency and non-
emergency calls, and communication processes. Attendees included Rural /Metro-Pridemark
Paramedic Services management and operations personnel , the Wheat Ridge Fire Protection District
Fire Chief or designee, and the Wheat Ridge Police Department Support Services Division Chief or
designee. Meeting minutes are taken by Administrative Assistant Michelle Stodden , Wheat Ridge
Police Department. These meetings have proven to be valuable and insightful for all parties at the
table.
The ERTCC recommends a change in meeting requirements ofthe IGA. Section 10.3 requires
monthly meetings. The ERTCC recommends meetings be held on a quarterly basis , or as needed.
11.0 Assignment
There were no circumstances requiring the use of this portion of the IGA.
12.0 Liability
There was no liability issues brought forth to the ERTCC during the year 2014.
13.0 Insurance
Rural/Metro-Pridemark Paramedic Services provided a copy of their certificate ofliability insurance .
Committee review of the certificate shows the company to be in compliance with the insurance
requirements ofthe IGA.
Recommendations:
The review committee recommends the extension of the Intergovernmental Agreement for the year
2015.
Staff Report -Pridemark Annual Review
.January 26 , 2015
Page 5
The Committee also recommends that the IGA be amended as noted in Section 1 0.3 , regarding
frequency of meetings throughout the evaluation year.
It is to be noted that the Wheat Ridge Fire Protection District Board of Directors awarded
Rural /Metro-Pridemark Paramedic Services the 2015 contract extension and requested rate increase
on December I 7, 2015 . The Board has also approved the request to meet on a quarterly basis or as
needed basis .