HomeMy WebLinkAboutCity Council Agenda Packet 10/27/20146:45pm -Pre-Meeting
CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
October 27, 2014
7:00p.m.
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Ridge. Call Heather Geyer, Administrative SeNices Director, at 303-235-2826 at least one week in advance of a
meeting if you are interested in participating and need inclusion assistance.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS
APPROVAL OF MINUTES OF October 13,2014
PROCLAMATIONS AND CEREMONIES
Five Fridge Farms
CITIZENS' RIGHT TO SPEAK
a . Citizens, who wish , may speak on any matter not on the Agenda for a maximum of 3
Minutes and sign the Public Comment Roster .
b . Citizens who wish to speak on Agenda Items , please sign the GENERAL AGENDA
ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be
heard .
APPROVAL OF AGENDA
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
~ Council Bill14-2014 -Imposing a Temporary Moratorium on the submission ,
acceptance , processing , and approval of applications and requests for a permit ,
license , land use approval or other approval for any Medical Marijuana Establishment
or Retail Marijuana Establishment
2. Resolution No. 55-2014-Determining that the parcel commonly referred to as a strip
of land adjacent to 12525 W. 32"d Ave. is blighted as that term is defined at C .R.S. §
31-25-105.5(5)(a), and authorizing the Wheat Ridge Urban Renewal Authority to use
Eminent Domain to acquire the parcel and to subsequently transfer it to a private party
CITY COUNCIL AGENDA: October 27 , 2014 Page -2-
ORDINANCES ON FIRST READING
~ Council Bill No . 15-2014-approving the rezoning of property located at 6904-6940 W .
481h Avenue from Residential-Three (R-3) to Planned Residential Development (PRO)
(Case No . WZ-14-05/Somerset)
DECISIONS, RESOLUTIONS AND MOTIONS
4 . Resolution 56-2014-concerning the acquisition of private property for the purpose of
constructing , installing , maintaining and using Public Improvements for the Tabor
Street Multi -Modal Improvements by either negotiation and voluntary purchase or, if
necessary, through the utilization of the C ity's power of Eminent Domain , and
authoriz i ng such act ion as necessary to accomplish said purposes
~ Motion to approve payment of the Sales Tax Increment for September of Fiscal Year
2014 from the Town Center Project in the amount of $75 ,170 .52 to Renewal Wheat
Ridge
6 . Motion to cancel the Regular Meetings of the Wheat Ridge C ity Council on November
24 and December 22 , 2014 , due to the Thanksgiving and Christmas Holidays
CITY MANAGER'S MATTERS
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MATTERS
ADJOURNMENT
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
October 13. 2014
Mayor Jay called the Regular City Council Meeting to order at 7:00 p.m .
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
ROLL CALL OF MEMBERS
Jerry DiTullio
Kristi Davis
Bud Starker
Tracy Langworthy
Zachary Urban
Genevieve Wooden
George Pond
Tim Fitzgerald
Also present: City Clerk, Janelle Shaver; City Attorney, Gerald Dahl; City Manager,
Patrick Goff; Community Development Director, Ken Johnstone; other staff, guests and
interested citizens.
APPROVAL OF MINUTES OF September 22. 2014
Councilmember Starker offered a revision to the correction of the September 8 minutes.
The motion was made by Councilmember DiTullio and seconded by Councilmember
Starker. Clerk Shaver said she will change it.
Motion by Councilmember Davis to approve the Minutes of September 22 as corrected;
seconded by Councilmember Fitzgerald;
Councilmember DiTullio asked that the same motion should reference Consolidated
Mutual Water not Denver Water. Clerk Shaver said she will change it.
Motion carried 8-0.
PROCLAMATIONS AND CEREMONIES
RECOGNITION OF MIKA YLA BROWN
Mikayla Brown was recognized for her efforts on May 2, 2014 at the corner of 32"d &
Kipling following a fatal car collision that occurred at about 8:45 p.m . Mikayla, a 17 year
old student who is training to become a firefighter, witnessed the accident where 18
year old Jordan Sprouts' car was hit by a driver running a red light and later determined
to be intoxicated and driving recklessly at high rates of speed. Mikayla immediately
checked for injuries and began rendering first aid to Jordan. When Wheat Ridge Officer
City Council Minutes October 13 , 2014 Page 2
Shaw arrived on the scene he observed evidence of Mikayla's training and technical
skills . Mikayla reported on the status of the victim and assisted Officer Shaw in
administering CPR. Unfortunately Jordan's injuries were too severe and he later died at
the hospital.
On behalf of WRPD, Wheat Ridge Fire , Arvada Fire and Rural Metro Pridemark , Mayor
Jay presented Mikayla with a plaque in recognition and appreciation for her quick
response, extreme initiative and willingness to use her emergency medical skills in a
brave attempt to save a life .
Mikayla thanked everyone for the recognition. She said she was just doing what fire
fighters are supposed to do.
Chief Brennan noted the large scale of this tragic and traumatic event and thanked the
responding organizations as well as Mikayla , an ordinary citizen that steps up and helps
out with public safety when we need their assistance .
CITIZENS' RIGHT TO SPEAK
Sherri Carter from Vivian Elementary spoke about her school. It is a small school in
Lakewood , but serves Wheat Ridge students . It has 5 Special Ed labs , including labs
for the deaf and kids with social and emotional needs . They educate the whole child
and teach soc ial skil ls . They have a musical they perform in sign language .
Randy Ketelsen of Ketelsen Campers related that his business is experiencing
recurring break-ins . He's had excellent support from WRPD , but it is a bad problem .
Units left for repair are robbed, with losses to over $100 ,000 . He wants to put in an
electric security system and he'd like approval from the City .
Michael Pate (Columbia , SC) has been hired to protect Ketelsen Campers by installing
an electric fence that will set off an alarm . He 's getting push back from City staff, the
Pol ice Ch ief, and the school district. They 'd like a 10 foot fence , but have acquiesced to
9 feet. The school district doesn 't want it there . He said Mr. Ketelsen needs to be
issued a permit so he can protect his property . They are asking Council to direct staff to
issue a permit.
Ken Johnstone responded. He said the fence is a potential health hazard , and that the
applicant is unwilling to observe setback and he ight requirements. The school has
concerns about health and safety issues . The Police Chief has determined the fence is
unsafe . The applicant has amended the application , but staff hasn 't received a second
round of comments from the District. Chief Brennan spoke about the School District's
concerns .
Jennifer Yates spoke to the property at 38th & Miller for a marijuana establishment.
She quoted from the pre-app meeting between the property owner and City staff. She
said since the moratorium was put i n place work has stopped at the property. -She
City Council Minutes October 13, 2014 Page 3
also commented on flaws that she sees in the Special Use Permit process-including
that it doesn't notify enough homes.
Mr. Goff noted that staff does meet with property owners . There is no application that
has been submitted for this property.
Mary Fedje (WR) addressed some things that were said at the marijuana study
session. Medical marijuana is not the issue; it's the commercialization. She spoke
strongly against the dealers and marijuana candy. She noted the Council people didn't
come to the marijuana meeting . She believes this marijuana issue is a tiger that needs
to be caged right now.
John Clark (WR) commented on what a good teacher Sherri Carter is and noted his
business uses the Electric Guard Dog that Mr. Ketelsen wants. It's a good product. -
Regarding ballot issue 2A, he noted there is no formal opposition to it so he wonders
why so much money is being spent on it. He's gotten an expensive mailer w/
Councilmembers pictures. Who is supporting this and why? WR2020? The marijuana
industry? Big developers? Where is the money coming from?
Leah Dozeman (WR) spoke in opposition to Ballot Issue 2B and asked why, in 10 years
of planning with 6 seated Councils, there has been no discussion of a funding source for
the $9 .3M price tag . She posed how far that money would go citywide to make our
sidewalks ADA compliant. 2B only serves a few and she encouraged a "no" vote .
Vicky Ottoson (WR) spoke in opposition to Ballot Issue 2B --speaking on behalf of
small businesses and home owners who live in the area of 38th Avenue (Upham to
Marshall) who feel their concerns have been ignored.
Monica Duran (WR) spoke in opposition to 2B . Citizens for an Inclusive Wheat Ridge
feel their voices have been missing from the planning process from the beginning and
they've been powerless to have any influence on the plan that resulted in 2B. Even now
anyone who raises questions is put down. CIWR feels the issue should be defeated so
a plan can be designed that isn't so contentious .
Rachel Hultin (WR) spoke in support of 2B that she sees as a plan for positive change
that is permanent and benefits everyone. She listed 4 new dining places on 38th since
the road diet went in, and said it will attract more dining and retail to our community . It
will create a pedestrian friendly corridor for all to enjoy -includ i ng the 40% of us who
don 't drive . The plan doesn 't reflect the input of everyone involved, but it absolutely
reflects the thoughts of our neighbors and business/property owners . It has been vetted
by people who have long term interest in our community. What other people think is
arm-chair planning that hasn 't been vetted properly. A "no " on 2B means nothing
happens, so people should vote "yes " on 2B .
Eric Wilson (WR) spoke in favor of 2B . He wants change on key commercial corridors
and he sees this as a place to start. It will bring dining and retail and development that
City Council Minutes October 13 , 2014 Page4
supports existing businesses . It helps us be a bike/pedestrian/auto friendly city . He
wants all stakeholders to have a say in creating a plan that enjoys the full support of the
community . The process has happened ; we should move forward to make our city
better.
Becky Grant (WR) doesn 't oppose the use of marijuana for those who need it for
medical reasons or (until state law is changed) for those who choose to smoke. Her
concern is there hasn 't been enough testing . She displayed and read old ads that
touted the safety and benefits of cigarette smoking. We all know the negative effects
smoking has had on our health care system , our economy and hundreds of thousands
of families . She shudders to think what we 'll be finding out in 10 years about the impact
of habitual marijuana use.
Veronica McDonough (WR) spoke against marijuana -referencing the award
ceremony earlier for someone who tried to help save the life of a person who was hit by
an intoxicated driver. She gave statistics about the considerable number of accident
and trauma patients who are there because of marijuana . She doesn 't think all the
money it brings in is worth it. It's not worth it to put our society at risk.
Patricia Lazzari (WR) spoke against marijuana. She related her experience growing
up near Haight-Asbury in the 1960 's . Today's marijuana is 4 -5 stronger than it was in
the 1960 's. It 's dangerous and addict ive . She asked Council to cons ider the facts .
APPROVAL OF THE AGENDA
1. Consent Agenda
a. Resolution 53-2014-amending the Fiscal Year 2014 Police Investigation
Fund Budget to reflect the approval of a Supplemental Budget Appropriation
in the amount of $8 ,800 for the purposes of purchasing Document
Management Software [Funding will come from the Police Seizure Fund; no
impact to the General Fund]
b. Motion to approve payment to ESRI Inc . in the amount of $38 ,000 for the
Annual License Renewal for the Graphica l Information Systems (GIS) [All-
inclusive for licensing, tech support, software upgrades and implementation]
Councilmember DiTullio introduced the Consent Agenda.
Motion by Councilmember DiTullio to approve the Consent Agenda Items 1 a and 1 b;
seconded by Councilmember Starker; carried 8-0
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
City Council Minutes October 13, 2014 Page 5
2. Council Bill 12-2014-Approving the rezoning of property located at 4360 Gray
Street from Neighborhood Commercial (NC) to Mixed Use-Neighborhood (MU-N)
(Case No. WZ-14-07/Germano)
Councilmember Urban introduces Item 2.
The property is 0.19 acres. The purpose of the rezoning is to increase the allowed uses
including the option of converting the existing structure back to residential occupancy.
The Planning Commission recommends approval.
Mayor Jay opened the public hearing.
An ordinance number was not available.
Mayor Jay swore in Mr. Johnstone.
Mr. Johnstone indicated briefly it was a pretty straightforward case and there was no
staff presentation.
There were no questions from the Council.
The applicant did not speak.
Mayor Jay closed the public hearing.
Motion by Councilmember Urban to approve Council Bill No. 12-2014 an ordinance
approving the rezoning of property located at 4360 Gray Street from Neighborhood
Commercial (NC) to Mixed Use-Neighborhood (MU-N) on second reading and that ot
tale effect 15 days after final publication, for the following reasons:
1. City Council has conducted a proper public hearing meeting all the public notice
requirements as required by Section 26-109 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 of the Code of laws.
Seconded by Councilmember Davis; carried 8-0
3. Council Bill 13-2014-adopting by reference the 2012 Editions of the
International Building Code, the International Mechanical Code, the International
Plumbing Code, the International Property Maintenance Code, the International
Energy Conservation Code, the International Residential Code, the International
Fire Code and the International Fuel Gas Code; the 2014 Edition of the National
Electrical Code; and the 2015 National Fire Protection Association 99 Standard
for Health Care Facilities; adopting certain amendments to such codes; providing
penalties for violations of the same; and amending Chapter 5 of the Wheat Ridge
Code of Laws accordingly
City Council Minutes October 13, 2014 Page6
Councilmember Starker introduced Item 3.
This action will adopt all the most recent versions of the various codes listed.
Staff Presentation
John Schumacher, Chief Building Inspector, listed some of the changes to the codes
and the various local amendments that Council had requested at First Reading
including:
• The inclusion of fines in the appeal process
• Reducing the number of plan sets to be submitted with an application from 3 to 2,
• Reducing the occupant load from 250 to 125 for determining separate sex
bathrooms,
• Clarifying the 7 -foot, above-roof plumbing vents only apply to occupiable roofs,
• Prohibition of combustible solvent-based marijuana extraction
Mayor Jay opened the public hearing and declared the previous staff testimony as part
of the record .
Public Comment
Dorothy Archer (WR) asked how these changes affect current businesses in Wheat
Ridge and proposed new businesses on 381h Avenue .
Staff said the changes apply to new construction and remodeling . Many recent
applicants have already asked if they can submit plans based on the new Codes . They
will go into effect in January, 2015 .
Motion by Councilmember Starker to approve Council Bill No. 13-2014, order it
published and that it shall become effective fifteen (15) days after final publication , with
the following amendments as presented :
• Add a new Section 17 addressing marijuana establishments
• Amend Section 107 .1 of the Building Code
• Amend Section 106 .3.1 of the Mechanical Code,
• Amend Section C 103 .1 of the Energy Conservation Code ,
• Amend Section R106.1 of the Residential Code for One and Two Family
Dwellings,
• Amend Section 507 .5 .1 of the International Fire Code
Amend Section 1 of the Ordinance to provide amendments to the 2012
International Building Code regarding High-hazard Group H-3 and Extraction of
hash oil;
seconded Councilmember DiTullio.
Discussion followed.
Motion carried 8-0 .
City Council Minutes October 13, 2014 Page 7
4. Resolution No. 54-2014-establishing a Street Width for Tabor Street from 49th
Ave . to Ridge Road
Councilmember Wooden introduced Item 4.
Mayor Jay opened the public hearing.
Mayor Jay swore in Scott Brink to testify.
Mr. Brink gave the staff presentation. The project widens and improves Tabor Street
from 49th Avenue to Ridge Road to provide local access to the Gold LineNVard Station.
The road will be widened from 25-34 feet to 41 feet to include two ten foot travel lanes,
an eleven foot center turn lane, and five foot wide bike paths on each side. -Council
has already approved the funding of property acquisition for rights-of-way and the hiring
of a consultant to accomplish that. -A neighborhood meeting was held. -The City has
already agreed to the federal funding of $740,000 via DRCOG and RTD . -
Mayor Jay swore in Mark Westberg . He answered a question for Mr. Starker.
Motion by Councilmember Wooden to approve Resolution No. 54-2014 a resolution
establishing a street width for Tabor Street from 49th Avenue to Ridge Road in
accordance with attachment 2 ; seconded by Councilmember Langworthy.
Mayor Jay closed the public hearing .
Motion carried 8-0.
ORDINANCES ON FIRST READING
5 . Council Bill No . 14-2014-imposing a Temporary Moratorium of the submission ,
acceptance , processing and approval of applications and requests for a Permit,
License, Land Use approval or other approval for any Medical Marijuana
Establishment or Retail Marijuana Establishment
Councilmember Wooden Councilmember Wooden introduced Item 5.
Motion by Councilmember Wooden to approve Council Bill No . 14-2014 on first
reading , order it published, public hearing set for Monday, October 22 , 2014 , at 7:00
p.m . in City Council Chambers , and that it take effect fifteen (15) days after final
publications; seconded by Councilmember Langworthy.
Motion by Councilmember DiTullio to amend Section 3 (Duration) of the moratorium to
have the moratorium commence on Nov 17, 2014 and expire upon further formal action
by the Council ; seconded by Councilmember Urban. Discussion followed.
Motion failed 2-6 , with Councilmembers Wooden , Langworthy , Davis , Pond , Fitzgerald ,
and Starker voting n.o .
City Council Minutes October 13, 2014 Page 8
Motion by Councilmember DiTullio to amend the length of the moratorium to 120 days;
seconded by Councilmember Urban . Discussion followed.
The amendment carried 5-3, with Councilmembers Wooden, Fitzgerald and Pond voting
no.
The main motion as amended carried 8-0.
DECISIONS, RESOLUTIONS AND MOTIONS
6. Motion to accept Kipling Street Right-of-Way and Temporary Construction
Easements from adjacent Property Owners along Project Segment
Councilmember Langworthy introduced Item 6 .
To date, all necessary rights-of-way and easements have been acquired for the Kipling
Trail with the exception of three properties. These remaining parcels will be brought to
Council for formal acceptance at a later date.
Motion by Councilmember Langworthy to accept the Kipling Street right-of-way and
temporary construction easements from adjacent property owners along the project
segment; seconded by Councilmember Fitzgerald; carried 8-0
7. Motion to accept Kipling Street and 491h Avenue Right-of Way along Natural
Grocers Frontage
Councilmember Langworthy introduced Item 7.
Due to improvements proposed for the Kipling Street and West 491h Avenue intersection
associated with the Natural Grocers development, additional right-of-way is needed
along both frontages of the parcel at the northeast corner of the intersection. This will
allow the improvements to lie within the public right-of-way and be maintained by the
City.
Motion by Councilmember Langworthy to approve the right-of-way dedication as
described in the attached Deed and Legal Description; seconded by Councilmember
Wooden; carried 8-0.
CITY MANAGER'S MATTERS
Mr. Goff announced the Optimist Pancake Supper this Thursday, from 5-8pm at WRHS.
Proceeds from the event go to serve the youth in our community.
City Council Minutes October 13, 2014 Page 9
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS MATTERS
George Pond thanked the people who came in to speak about marijuana, Genevieve
Wooden for her passion about marijuana and his partner in District 3, Councilmember
Fitzgerald. They have work ahead of them.
He distributed a motion regarding various marijuana business regulations, which
contained a list of ten specific policy actions he 's recommending for an ordinance .
Motion by Councilmember Pond directing staff and the city attorney to draft an
ordinance affecting the code of laws consisting of ten itemized policy actions; seconded
by Councilmember Fitzgerald.
Discussion followed.
Motion by Councilmember Starker to amend the motion and have staff explore the
issues, but not draft an ordinance; seconded by Councilmember DiTullio; carried 8-0
Councilmember Pond's original motion, as amended, carried 8-0
Tracy Langworthy reminded the board and commission members of the dinner
this Wednesday night.
Kristi Davis thanks the folks who came out to speak . The dialogue is important.
Zach Urban offered a huge thanks to all the volunteers on the Boards and
Commissions for all the time and effort they spend to make the City a great place to be.
Bud Starker hopes everyone will take the opportunity to vote in the upcoming election.
It is the greatest right we have and it is the way you influence public policy.
Jerry DiTullio reminded everyone their ballots will be mailed out this week.
Clerk Janelle Shaver noted that ballots will be mailed out from Tuesday (tomorrow)
through Friday. If you don't get a ballot by sometime next week call the County to find
out how to remedy that. -She informed everyone that City Hall will be a polling place
on Election Day complete with on-site registration and the ability to vote . -She
reminded everyone that political signs are not allowed in the public right-of-way.
Additionally the size limit for signs is 8 sq feet on residential property and 16 sq feet on
commercial property. -She encouraged Board and Commission members to RSVP
for the dinner if they haven't yet done that.
City Council Minutes October 13, 2014 Page 10
ADJOURNMENT
The City Council Meeting adjourned at 9 :06pm.
Janelle Shaver, City Clerk
APPROVED BY CITY COUNCIL ON October __ , 2014 .
Kristi Davis, 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.
~ ~ ~,
.. ~ ., City of •
?WheatRi_dge
ITEMNO:_L_
DATE: October 27 ,2014
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 14-2014 -AN ORDINANCE IMPOSING
A TEMPORARY MORATORIUM ON THE SUBMISSION,
ACCEPTANCE, PROCESSING, AND APPROVAL OF
APPLICATIONS AND REQUESTS FOR A PERMIT,
LICENSE, LAND USE APPROVAL OR OTHER APPROVAL
FOR ANY MEDICAL MARIJUANA ESTABLISHMENT OR
RETAIL MARIJUANA ESTABLISHMENT
[8J PUBLIC HEARING
0 BIDS/MOTIONS
0 RESOLUTIONS
City Attorney
ISSUE:
0 ORDINANCES FOR 1sT READING (10/13 /2014)
[8J ORDINANCES FOR 2ND READING (10/27/2014)
n YES
A temporary moratorium on the submission , acceptance , processing and approval of applications
related to marijuana businesses (both medical and retail) is currently in place in the City. The
current moratorium was adopted to maintain the status quo of current marijuana-related
businesses within the City while the City Council reviews , evaluates and amends , if desired , the
City 's regulations concerning marijuana-related businesses.
The City Council is in the midst of conducting this review and evaluation , which is unlikely to
conclude prior to the expiration of the current moratorium on November 17 , 2014. This
ordinance adopts a one hundred and twenty (120) day moratorium that commences
simultaneously with the expiration of the current moratorium.
PRIOR ACTION:
On first reading , Council Bill No. 14-2014 was amended to increase the moratorium from ninety
(90) days to one hundred and twenty (120) days.
CAF-Marijuana Business Moratorium
October 27 , 2014
Page 2
FINANCIAL IMPACT:
The loss of license, permit, application and similar fees associated with marijuana-related
businesses seeking approvals from the City is likely nominal. The potential loss of marijuana-
related business revenue to the City as a result of such businesses locating elsewhere, in the fonn
of sales taxes and the City's share of excise tax, is unknown.
BACKGROUND:
In 2011 and 2013 , respectively, the City Council adopted local regulations goveming 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 permissible
locations, City residents have expressed concem over the appropriateness of the current location
restrictions. Having now had a few years of experience in the regulation of marijuana-related
businesses, the City Council determined that it was also appropriate and necessary to evaluate
the existing marijuana regulations generally. The review and evaluation process is time-
consuming, from staff time to research and prepare materials to the Council 's time in conducting
meetings , often with extensive public comment. This ordinance extends the moratorium for an
additional 120 days to permit the Council adequate time to thoughtfully complete its review ,
evaluation and amendment , if deemed necessary, of the City's existing marijuana regulations .
RECOMMENDED MOTIONS:
"I move to approve Council Bill No. 14-2014, an ordinance imposing a temporary moratorium
on the submission , acceptance, processing, and approval of applications and requests for a
penn it , license, land use approval or other approval for any medical marijuana establishment or
retail marijuana establishment on second reading, and that it take effect 15 days after final
publication."
Or,
"I move to postpone indefinitely Council Bill No. 14-20 14 ,_an ordinance imposing a temporary
moratorium on the submission , acceptance, processing, and approval of applications and requests
for a permit, license, land use approval or other approval for any medical marijuana
establishment or retail marijuana establishment for the following reason(s) ______ _
"
REPORT PREPARED AND REVIEWED BY;
Carmen Beery, City Attomey's Office
Patrick Goff, City Manager
ATTACHMENTS:
1. Council Bill No . 14-2014
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER WOODEN
Council Bill No. 14
Ordinance No. __ _
Series 2014
TITLE: AN ORDINANCE IMPOSING A TEMPORARY MORATORIUM ON THE
SUBMISSION, ACCEPTANCE, PROCESSING, AND APPROVAL OF
APPLICATIONS AND REQUESTS FOR A PERMIT, LICENSE, LAND USE
APPROVAL OR OTHER APPROVAL FOR ANY MEDICAL MARIJUANA
ESTABLISHMENT OR RETAIL MARIJUANA ESTABLISHMENT
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, for the reasons stated in said Ordinance No. 1554, which Council
finds to continue to exist as of the effective date of this Ordinance, the Council desires
to impose an additional moratorium on City approvals related to marijuana businesses,
as further set forth herein, to commence upon the expiration of the moratorium imposed
by Ordinance No. 1554 and expire one hundred and twenty-one (121) days thereafter;
and
WHEREAS, the imposition of an additional one hundred and twenty (120) day
moratorium on the submission, acceptance, processing, and approval of all applications
and requests for a City permit, license, land use approval or other approval is
reasonable in time and scope and would not work an unnecessary hardship upon or
unreasonably prejudice any party.
Attachment 1
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Findings. The above and foregoing findings are hereby
incorporated by this reference as specific findings and determinations of the Council.
Section 2. Temporary Moratorium. A temporary moratorium is hereby
imposed on the submission, acceptance, processing, and approval of all applications
and requests for a City permit, license, land use approval or other approval for any
medical marijuana establishment or retail marijuana establishment, as both terms are
defined by Chapter 11 of the Wheat Ridge Code of Laws ("Code"). The City staff is
directed to refuse to accept for filing, and not to further process or review any pending
applications or requests for such establishments during the moratorium period .
Section 3. Duration. The moratorium imposed by this ordinance shall
commence on November 17, 2014 and shall expire on the one hundred and twenty-first
(121 51 ) day thereafter.
Section 4. Exemption for Pending Applications. This ordinance shall not
apply to the processing and final action by the City upon any application for a City land
use approval, permit or license for any medical marijuana establishment or retail
marijuana establishment , which application was received by the City prior to 5:00 p.m.
on August 18, 2014. Such applications shall be processed and acted upon pursuant to
the City regulations in effect on the date of their respective submittals.
Section 5. Staff to Investigate and Prepare Proposed Regulations . Before
the expiration of the moratorium imposed by this ordinance, City staff shall continue to
review and analyze the City's existing regulations governing medical marijuana
establishments and retail marijuana establishments, as directed by the Council, and
present any proposed amendments thereto to the Council. The Council declares that it
will give due and timely consideration to any such recommended changes to the Code.
Section 6. Effective Date. This Ordinance shall take effect fifteen (15) days after
final publication, as provided by Section 5.11 of the Charter .
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 13th
day of October, 2014, ordered published in full in a newspaper of general circulation in the City
of Wheat Ridge and Public Hearing and consideration on final passage set for October 27 ,
2014, 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 , 2014.
SIGNED by the Mayor on this ___ day of _________ , 2014.
Joyce Jay, Mayor
2
ATTEST:
Janelle Shaver, City Clerk
First Publication: October 16, 2014
Second Publication:
Wheat Ridge Transcript
Effective Date:
Approved As To Form
Gerald E. Dahl, City Attorney
3
~ ~ .(
_ ... ~ "' City of •
JP"WheatR.i_dge
ITEM NO:~
DATE: October 27 , 2014
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 55-2014 A RESOLUTION
DETERMINING THAT THE PARCEL COMMONLY
REFERRED TO AS A STRIP OF LAND ADJACENT TO 12525
W. 32N° AVENUE IS BLIGHTED AS THAT TERM IS
DEFINED AT C.R.S. § 31-25-105.5(5)(a), AND AUTHORIZING
THE WHEAT RIDGE URBAN RENEWAL AUTHORITY TO
USE EMINENT DOMAIN TO ACQUIRE THE PARCEL AND
TO SUBSEQUENTLY TRANSFER IT TO A PRIVATE
PARTY
1:8:] PUBLIC HEARING
D BIDS /MOTIONS
1:8:] RESOLUTIONS
D ORDINANCES FOR 1ST READING
0 ORDINANCES FOR 2 N D READING
72~YES
Patrick Goff, City Manager
1:8:] NO
ISSUE:
U.S. Retailers , the owners of the Applewood Shopping Center would like to obtain a five-foot
strip of property totaling 775 square feet adjacent to the shopping center for future development.
U.S. Retailers have not been able to purchase or otherwise obtain the parcel due to their inability
to identify the property owners .
Renewal Wheat Ridge (RWR) may obtain the property through its eminent domain powers as
authorized by the Colorado Revised Statutes §§ 31-25-101 , et seq., (C.R.S.), with City Council
approval following a public hearing
The Council is asked to adopt a resolution authorizing RWR to initiate eminent domain
proceedings in order to obtain the parcel and then convey it to U.S. Retailers , a private
developer.
Applewood Eminent Domain
October 27 , 2014
Page 2
PRIOR ACTION:
None
FINANCIAL IMPACT:
None
BACKGROUND:
A five-foot strip of property exists in the southeast comer of the Applewood Shopping Center.
This strip ofland measures approximately 775 sq . ft. The owners of the Applewood Shopping
Center, U.S. Retailers , have made attempts to purchase the parcel , but have been unable to do so
because of the inability to identify the parcel owners , a long-dissolved corporation.
Urban Renewal Law , C.R.S. §§ 31-25-101, et seq., provides for RWR to condemn private
property located within an urban renewal area and transfer that property to a private entity for
redevelopment.
RWR may acquire the real property as part of the 1-70/Kipling Corridors Urban Renewal Plan in
order to convey the property to a third party, a developer at some later date. However, prior to
any eminent domain proceedings , the following steps are required before commencement of the
Title 38 condemnation action:
• A public hearing is required in front of the City Council to authorize RWR's acquisition
by condemnation .
• Relocation policies are required if RWR will be transferring property acquired by
eminent domain to a private party. Since this land is vacant , no such action is required.
• The property must meet five of the twelve blighted tenns as described in C.R .S . § 31-25-
103(2)(a) to (2)(1). The property does meet this determination in sections (c) faulty lot
layout in relation to size, adequacy , accessibility, or usefulness , section (d) unsanitary or
unsafe conditions , (e) deterioration of site or other improvements , (t) unusual topography
or inadequate public improvements or utilities , (g) defective or unusual conditions of title
rendering the title nonmarketable, and (l) if there are no objections by the property
owner(s).
• The Council must make a dete1mination that the 1-70/Kipling Corridors Urban Renewal
Plan was commended within seven years from the date of the blight determination. The
blight determination was made in May, 2009 and is therefore within the seven year
timeframe required.
• Prior to commencement of the negotiation of any agreement for redevelopment of the
property, RWR must provide notice and invite proposals for redevelopment from all
property owners, residents , and owners of business concerns located on the property
acquired . Because this property is vacant this requirement should be moot.
• RWR must adopt a relocation and assistance policy, and land acquisition policy to benefit
any misplaced individuals or households. Again , this is a vacant parcel and this
requirement should be moot.
• Written individualized notice of public hearing must be provided to each fee owner of
property that is within the 1-70/Kipling Corridors Urban Renewal Plan. The noticing
Applewood Eminent Domain
October 27, 2014
Page 3
must be done at least 30 days prior to the hearing. This noticing was completed the week
of September 22 ,2014.
Upon adoption by the Council , the attached "Resolution oflntent to Acquire," will permit RWR
to appraise, negotiate, acquire, and/or institute eminent domain proceedings . RWR will use a
recent property appraisal to create land value and purchase price. This appraisal , conducted prior
to the "Resolution of Intent to Acquire," is permissible as long as the resolution contains a
description of the interest in the land to be acquired. The resolution does not bind RWR in any
manner. Additionally, the following actions will be initiated:
• A ''Notice of Intent to Acquire, containing a description of the interest to be acquired ,
will be sent to anyone having an interest of record in the property. The notice contains
the fair market value of the property, RWR's intent to obtain the property through
eminent domain, and a reasonable cost for the appraisal.
• RWR will enter into good faith negotiations with any property owners who can be
identified . If the negotiations fail or are futile , R WR will send a final offer for the
purchase at fair market value.
• RWR will provide the appraisal to the property owners, if such parties can be identified.
• A valuation hearing will be conducted .
RECOMMENDATIONS:
Staff recommends the adoption of the resolution to allow condemnation proceedings to
be initiated by RWR. This parcel has remained undevelopable due to its size constraint
and other blighting factors. The transfer of this parcel to U .S. Retailers will provide for
dev elopment of this parcel into the larger shopping center.
RECOMMENDED MOTION:
"I move to approve Resolution No. 55-2014, a resolution determining that the parcel commonly
referred to as a strip ofland adjacent to 12525 W. 32 11d A venue is blighted as that term is defined
at C .R .S . § 31-25-1 05.5(5)(a), and authoring the Wheat Ridge Urban Renewal Authority to use
eminent domain to acquire the parcel and to subsequently transfer it to a private party"
Or,
"I move to postpone indefinitely Resolution No. 55-2014, for the following
reason( s) "
REPORT PREPARED/REVIEWED BY:
Steve Art, Urban Renewal Manager
Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution No. 55-2014
CITY OF WHEAT RIDGE
RESOLUTION NO. 55
Series of 2014
TITLE: A RESOLUTION DETERMINING THAT THE PARCEL COMMONLY
REFERRED TO AS A STRIP OF LAND ADJACENT TO 12525 W. 32N°
AVENUE IS BLIGHTED AS THAT TERM IS DEFINED AT C.R.S. § 31-
25-105.5(5)(a), AND AUTHORIZING THE WHEAT RIDGE URBAN
RENEWAL AUTHORITY TO USE EMINENT DOMAIN TO ACQUIRE
THE PARCEL AND TO SUBSEQUENTLY TRANSFER IT TO A
PRIVATE PARTY
WHEREAS, on August 10, 2009, by the adoption of Resolution No. 39-2009, the
City Council initially found that the 170/Kipling Corridors Urban Renewal Plan area was
blighted as that term is defined in C.R.S. 31-25-1 03(2);
WHEREAS, the property described in Exhibit A hereto , commonly referred to as
the "a strip of land adjacent to 12525 W. 32nd Avenue" (the "Property"), is located;
WHEREAS, a ~ublic hearing was held before the Wheat Ridge City Council at
City Hall, 7500 W. 291 Avenue, Wheat Ridge, Colorado 80033, at 7:00 p.m. on
November 3, 2014, regarding the current existence of blight on the Property as that
term is defined in C.R.S . § 31-25-1 05.5(5)(a), and regarding the acquisition of the
Property by the Authority's use of eminent domain and subsequent transfer of the
Property to a private party; and
WHEREAS, at the public hearing, the City Council heard and received evidence
supporting the findings set forth in this Resolution and wishes to make the following
findings : (1) that blight as defined in C.R.S. § 31-25-105.5(5)(a) exists on the Property
without regard to the economic performance of the Property; (2) that the Property will be
developed within seven (7) years of the date of the original blight finding; and (3) that
the Authority is authorized to use eminent domain to acquire the Property and to
subsequently transfer it to a private party.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO, THAT:
Section 1 . Based upon testimony and evidence presented to it at a duly
noticed public hearing held on November 3, 2014, and after consideration of the factors
identified in C.R.S. § 31-25-1 03(2), and without regard to the economic performance of
the Property, the City Council finds and determines that the Property, in its present
condition and use and, by reason of the presence of all of the following factors,
substantially impairs or arrests the sound growth of the municipality, retards the
provision of housing accommodations, constitutes an economic or social liability, and is
a menace to the public health, safety, morals, or welfare:
Attachment 1
• (c) faulty lot layout in relation to size, adequacy, accessibility, or usefulness,
section
• (d) unsanitary or unsafe conditions,
• (e) deterioration of site or other improvements,
• (f) unusual topography or inadequate public improvements or utilities,
• (g) defective or unusual conditions of title rendering the title nonmarketable, and
• (I) if there are no objections by the property owner(s).
The City Council expressly finds that six (6) of the blight factors listed in C.R.S. §
31-25-103(2) exist on the Property, and consequently the definition of blight set forth in
C.R.S. § 31-25-105.5(5)(a) is met. The Property is hereby declared to constitute a
blighted area as that term is defined in C.R.S. § 31-25-1 05 .5(5)(a).
Section 2. The urban renewal project for which the Property may be acquired
shall be commenced no later than seven (7) years from the date of this resolution, as is
required by C.R.S. § 31-25-1 05.5(2)(a)(l).
Section 3. The Wheat Ridge Urban Renewal Authority has invited proposals
for redevelopment as required by C.R.S. § 31-25-1 05 .5(2)(a)(ll).
Section 4. Redevelopment requires inclusion of the Property as more
particularly described in Exhibit A.
Section 5 . To the extent necessary, the Wheat Ridge Urban Renewal
Authority has previously adopted relocation assistance and land acquisition policies
consistent with C.R.S. § 31-25-1 05.5(4)(a)
Section 6 . The City Council further finds that all of the requirements set forth in
C.R.S. § 31-25-1 05.5(2) have been satisfied as it relates to the Property to be acquired.
Section 7 . The principal purpose of the use of the power of eminent domain in
this circumstance is to facilitate redevelopment in order to eliminate or prevent the
spread of physically blighted or slum areas within the meaning of C.R.S. § 31-25-
1 07(4.5).
Section 8. For all of the reasons set forth herein, the City Council hereby
authorizes the Wheat Ridge Urban Renewal Authority to acquire the Property by
eminent domain and may transfer the Property to a private party .
DATED this 2?'h day of October, 2014.
Joyce Jay, Mayor
ATTEST:
2
Janelle Shaver, City Clerk
APPROVED AS TO FORM:
Gerald Dahl, City Attorney
3
EXHIBIT A
LEGAL DESCRIPTION
The parcel is a long narrow rectang le, measuring 5.0001 feet north to ~uth and 155.0036 feet east to
wel>t for a total site a rea of 775 .0335 square feet
The parcel is show11 high li ghted below:
4
--~'~
.... ~ r City of •
:P'WheatRi_dge
ITEMNO:_l
DATE: October 27 ,2014
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 15-2014-AN ORDINANCE APPROVING
THE REZONING OF PROPERTY LOCATED AT 6904-6940 W.
48TH AVENUE FROM RESIDENTIAL-THREE (R-3) TO
PLANNED RESIDENTIAL DEVELOPMENT (PRD) (CASE NO.
WZ-14-05 I SOMERSET)
0 PUBLIC HEARING
D BIDS/MOTIONS
0 RESOLUTIONS
QUASI-JUDICIAL:
~ ORDINANCES FOR 1sT READING (10 /27/2014)
0 ORDINANCES FOR 2ND READING (12 /08 /2014)
1:8:] YES D NO
Community Development Director c¥.~
ISSUE:
The applicant is requesting approval of a zone change from Residential-Three (R-3) to Planned
Residential Development (PRO) on property located at 6904 to 6940 W . 48 1h Avenue. The
proposed rezoning area includes 0.91 acres. The purpose of the request is to allow the conversion
of existing condominiums to townhomes. There is no new development being proposed at this
time ; the request will simply allow a change in the type of ownership .
PRIOR ACTION:
Planning Commission heard the request at a public hearing on October 16 , 2014 and
recommended approval. The staff report and meeting minutes from the Planning Commission
meeting will be included with the ordinance for second reading.
FINANCIAL IMPACT:
The proposed zone change is not expected to have a direct financial impact on the City, although
the conversion is expected to positively affect property values on the site . Fees in the amount of
$2 ,094 were collected for the review and processing of Case No . WZ-14-05.
Case No. WZ-14-07/Germano
Council Action Fonn -Somerset Rezoning
October 2 7, 2014
Pa ge 2
BACKGROUND:
The property is located at 6904-6940 W . 48 1h Avenue in the northeast quadrant of the City. The
property is currently z oned Residential-Three (R-3) which allows for single-, two-, and multi-
family development.
The subject site is 39 ,626 square feet (0.91 acres) in size and includes 19 condominiums in two
primary structures. A detached single-story dwelling originally built in 1957 is located at the
north end of the property . Behind the home and along the western and southern propet1y lines is a
two-story L-shaped structure that includes 18 attached dwelling units. These condos were built in
1983. A carport with 21 spaces is located along the eastern property line.
Surrounding Land Us es
The site is embedded in a neighborhood and is surrounded by other residentially zoned properties.
To the north , east, and west are properties zoned Residential-Two (R-2) containing single-and
two-family homes. To the south along Quay Street are properties zoned R-3 with multi-family
and two-family residences.
Current and Propos ed Zoning
The purpose of the zone change request from Residential-Three (R-3) to Planned Residential
Development (PRD) is to allow the conversion of the existing 19 units fi·om condominiums to
townhomes . There is no new development being proposed at this time; but a change in the type of
ownership is desired for several reasons . Financing for townhomes is currently much easier to
obtain than for condominiums. Several owners are seeking to sell their units but are unable to do
so in today's market conditions. The ability to sell the units as townhomes will provide new
options for affordable homeownership in the City and may promote owner occupancy.
A primary difference between condos and townhomes relates to the ownership of land. The
owners of individual condos own only the air space of a dwelling unit. As townhomes , an owner
purchases the dwelling unit and the land on which the unit is built. ln order to purchase land , the
property must be platted into individual lots . In order to plat 19 townhome lots , the zoning on the
property must be changed.
Under the current R-3 zoning, the property is considered legally nonconforming in terms of
density. Under current standards, the maximum pennitted density is 12 dwelling units per acre in
R-3 . Based on the size of the property, only 10 units would be pennitted under the current zoning.
Under PRD zoning, the maximum density is 21 units per acre, so the existing 19 units would be
permitted and could be platted
As part of the zone change, the applicant has prepared two documents. The Outline Development
Plan (ODP) establishes the zoning and development standards , and the Specific Development Plan
(SDP) provides site plan details. These documents will be included with the ordinance for second
reading.
Council Action Fonn -Somerset Rezoning
Octob er 2 7, 2014
Page 3
Related Applications
A subdivision application was submitted in conjunction with the rezoning request. Subdivisions
are approved by resolution , and the request will be presented with the zone change ordinance at
the public hearing.
RECOMMENDED MOTION:
"I move to approve Council Bill No. 15-2014, an ordinance approving the rezoning of property
located at 6904-6940 W. 48 111 Avenue from Residential-Three (R-3) to Planned Residential
Development (PRO) on first reading, order it published , public hearing set for Monday,
December 8, 2014 at 7 p.m . in City Council Chambers , and that it take effect 15 days after final
publication ."
REPORT PREPARED/REVIEWED BY:
Lauren Mikulak , Senior Planner
Kenneth Johnstone, Community Development Director
Patrick Goff, City Manager
ATTACHMENTS:
1. Counci1Bil1No.l5-2014
CITY OF WHEAT RIDGE
INTRODUCED BY COUNCIL MEMBER-------
COUNCIL BILL NO. 15
ORDINANCE NO. ___ _
Series of 2014
TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY
LOCATED AT 6904-6940 W. 48TH AVENUE FROM
RESIDENTIAL-THREE (R-3) TO PLANNED RESIDENTIAL
DEVELOPMENT (PRO) (CASE NO. WZ 14-05/ SOMERSET)
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, the Somerset Homes Condominiums Homeowners Association has
submitted a land use application for approval of a zone change to the Planned
Residential Development zone district for property located at 6904-6940 W. 48th
Avenue; and,
WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan-
Envision Wheat Ridge-which calls for increased homeownership opportunities and
stable neighborhoods; and,
WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing
on October 16, 2014 and voted to recommend approval of rezoning the property to
Planned Residential Development (PRO) ,
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Upon application by Somerset Homes Condominiums Homeowners
Association for approval of a zone change ordinance from Residential Three
(R-3) to Planned Residential Development (PRO) for property located at
6904-6940 W. 48th Avenue, 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:
A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION
23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL
MERIDIAN, CITY OF WHEAT RIDGE, JEFFERSON COUNTY COLORADO
BEING A PORTION OF LOT 27, COULEHAN GRANGE, A SUBDIVISION
RECORDED IN THE RECORDS OF THE JEFFERSON COUNTY CLERK AND
RECORDER IN PLAT BOOK 1 AT PAGE 46 AND THAT TRACT OF LAND
SHOWN ON THE CONDOMINIUM PLAT OF SOMERSET HOMES, A
CONDOMINIUM PLAT RECORDED IN CONDOMINIUM BOOK 36 AT PAGE 36
AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 23;
THENCE S.00 °13'27"E . ALONG THE EAST LINE OF SAID NORTHEAST ONE-
QUARTER A DISTANCE OF 30.70 FEET TO A POINT ON THE EXTENSION
OF THE SOUTH RIGHT-OF-WAY LINE OF WEST 48TH AVENUE; THENCE
S.89 °43'21"W. ALONG SAID SOUTH RIGHT-OF-WAY LINE A DISTANCE OF
253.00 FEET TO THE NORTHEAST CORNER OF SAID TRACT AND THE
TRUE POINT OF BEGINNING; THENCE CONTINUING S. 89 °43'21 "W. ALONG
SAID LINE A DISTANCE OF 132 .00 FEET TO THE NORTHWEST CORNER OF
SAID TRACT; THENCE S.00 °13'27"E. A DISTANCE OF 300 .20 FEET TO THE
SOUTHWEST CORNER OF SAID TRACT , BEING A POINT ON THE SOUTH
LINE OF SAID LOT 27; THENCE N.89 °43'09"E. ALONG THE SOUTH LINE OF
SAID LOT 27 A DISTANCE OF 132 .00 FEET TO THE SOUTHEAST CORNER
OF SAID TRACT ; THENCE N.00 °13'27"W. A DISTANCE OF 300.19 FEET TO
THE TRUE POINT OF BEGINNING, CONTAINING AN AREA OF 39 ,626
SQUARE FEET OR 0 .910 ACRES MORE OR LESS.
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 ord inance is promulgated under the genera l 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 publ ic convenience and welfa re . The
City Council further determines that the ordinance bears a rational relation to the
proper legislative 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 unconstitut ional or
otherwise invalid , the validity of the remaining sections , subsections and clauses
shall not be affected thereby. All other ordinances or parts of ord inances in
conflict with the provisions of this Ordinance are hereby repealed .
Section 5. Effective Date. This Ordinance shall take effect 15 days after final
publ ication , as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to _on
this 27th day of October, 2014 , ordered it published with Public Hearing and
consideration on final passage set for Monday, December 8, 2014 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 day of , 2014 .
SIGNED by the Mayor on this ___ dayof _______ , 2014.
ATIEST:
Janelle Shaver, City Clerk
1st publication:
2nd publication:
Wheat Ridge Transcript:
Effective Date:
Joyce Jay, Mayor
Approved as to Form
Gerald Dahl, City Attorney
~ ~ A.,
... .,. City of
JP'"WheatR.l__dge
ITEM NO:~
DATE: October 27 ,2014
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 56-2014 A RESOLUTION
CONCERNING THE ACQUISITION OF PRIVATE
PROPERTY FOR THE PURPOSE OF CONSTRUCTING,
INSTALLING, MAINTAINING AND USING PUBLIC
IMPROVEMENTS FOR THE TABOR STREET MULTI-
MODAL IMPROVEMENTS BY EITHER NEGOTIATION
AND VOLUNTARY PURCHASE OR, IF NECESSARY,
THROUGH THE UTILIZATION OF THE CITY'S POWER
OF EMINENT DOMAIN, AND AUTHORIZING SUCH
ACTION AS NECESSARY TO ACCOMPLISH SAID
PURPOSES
D PUBLIC HEARING
D BIDS/MOTIONS
IZI RESOLUTIONS
0 ORDINANCES FOR 1ST READING
0 ORDINANCES FOR 2 ND READING
QUASI-JUDICIAL: D YES
City Manager
ISSUE:
The City of Wheat Ridge , a Gold Line partner, was selected to receive federal funding for access
and safety improvements to Tabor Street from the I-70 Frontage Road North to Ridge Road
through the Regional Transportation District {RTD) and the Denver Regional Council of
Govemments (DRCOG) Transportation Improvement Program (TIP). The funding will facilitate
a project to widen and improve Tabor Street to provide bike and pedestrian access to the
commuter rail station at Ward Road.
The City is planning to improve Tabor Street via enhanced construction and restriping between
the l-70 Frontage Road North and Ridge Road in preparation for the Gold Line crossing. The
City has retained a right-of-way consultant since the roadway widening and accommodation of
bicycle and pedestrian facilities requires both permanent and temporary acquisitions. The
Tabor Street ROW
October 27 , 2014
Page 2
selected consultant will utilize the Federal Unifonn Act to acquire the necessary properties as
right-of-way along Tabor Street for the aforementioned street improvement. H.C. Peck &
Associates , Inc. was previously selected to perform the work .
Construction plans have essentially been completed to 60% and right-of-way acquisition needs
have been determined with the assistance ofH.C. Peck & Associates. The first draft of the right-
of-way plan has been developed for a review process with RTD , and staff will be seeking
concurrence with RTD in order to move forward with the right-of-way (property acquisition)
process. This process requires adherence with procedures set forth by state and federal
requirements. As pa11 of those requirements , the City Council must approve a resolution
authorizing commencement of the acquisition procedure .
The project is expected to commence construction in early summer 2015. In order for
construction to proceed on schedule, the property acquisition process must move forward
immediately.
PRIOR ACTION:
On March 22 , 2014 , the City Council approved an Intergo v ernmental Agreement (IGA) with
RTD to assist in advancing the project process , and to assign responsibilities and obligation s of
each agency .
On August 25 , 2014 , the City Council awarded a contract to H.C. Peck to assist the City
in identifying specific right-of-way acquisition needs .
FINANCIAL IMPACT:
The funding is provided by a grant from RTD in the amount of$740,228 for the entire project.
The funding arrangement requires that the City fund the project costs and seek reimbursement
upon completion. Funding for this program has been appro ved in the Gold Line Station Street
Project line item of the 2015 Capital Investment Program Budget in the amount of $740 ,000 .
On August 25 , 2014 , $121 ,312 .18 was appropriated from the Capital Investment Program Fund
to advance and finance the project for right-of-way acquisition (not including engineering and
professional services). The total estimated project cost at this time , including engineering,
construction , and right-of-way is $740 ,000.
BACKGROUND:
In 2004 , voters approved the FasTrack plan which directed RTD to construct Light Rail and
Commuter Rail Transit services , lines , related stations , maintenance facilities and enhanced bus
service throughout the Regional Transportation District. The Gold Line was identified as one of
five corridors in the plan and is currently under construction. The local agencies through which
the Gold Line is being constructed are : Denver, Arvada , Wheat Ridge, and Adams County.
Wheat Ridge and RTD jointly agreed , along with the other Gold Line partners , to the allocation
of $740 ,228 of those DRCOG TIP funds to Wheat Ridge for it s perfom1ance of certain base
Tabor Street ROW
October 2 7, 2014
Page 3
improvements as part of the Gold/NWES corridor project. More specifically, these
improvements are designated for Tabor Street in the vicinity of the Ward Road Station. Tabor
Street serves as the key local access from the south since the rail line serves as a barrier that
prohibits all adjacent access to the station . This improved street will provide better access to the
station from existing and future developments immediately south of the rail line and the broader
nearby area. Thus , it is crucial that Tabor Street be upgraded to accommodate all modes of
transportation that access the station. This project will provide new bike lanes , continuous
sidewalks , and lighting in the subject segment. Specific improvements on Tabor Street consist of
construction between Ridge Road and 491h A venue and restriping of the south segment.
An IGA was executed between the City of Wheat Ridge and RTD which provided funding to
Wheat Ridge in the amount of$740,228 in Federal Highway Administration (FHWA) funds .
These funds were then transferred by the FHW A to the Federal Transportation Authority (FTA)
to be administered by DRCOG through RTD for Wheat Ridge 's improvements. The funds are
intended to help enhance the unimproved land surrounding the crossing of the rail line at Ward
Road Station and Tabor Street and provide other access and safety improvements adjacent to the
area. Right-of-way acquisition is needed to allow the street improvement.
The City is responsible for completing the construction plans and obtaining all required
clearances for utilities , environmental approvals and right-of-way acquisitions. RTD will
administer the project's federal funding , while the City will manage the project design and
construction. The professional firm of H. C. Peck and Associates , who specialize in right-of-way
acquisition for public purposes, will be utilized by the City as part of the acquisition process.
RECOMMENDATIONS:
Staff recommends that the City Council approve the attached resolution authorizing acquisition
of certain properties for the purposes of Tabor Street multi-modal public improvements.
RECOMMENDED MOTION:
"I mo ve to approve Resolution No . 56-2014 a resolution concerning the acquisition of private
property for the purpose of constructing, installing, maintaining and using public improvements
for the Tabor Street multi-modal improvements by either negotiation and voluntary purchase or,
if necessary, through the utilization of the City 's power of eminent domain, and authorizing such
action as necessary to accomplish said purposes."
Or ,
"I move to postpone indefinitely Resolution No. 56-2014 , a resolution concerning the acquisition
of private property for the purpose of constructing, installing, maintaining and using public
improvements for the Tabor Street multi-modal improvements by either negotiation and
voluntary purchase or, if necessary, through the utilization of the City 's power of eminent
domain , and authorizing such action as necessary to accomplish said purposes , for the following
reason(s) "
Tabor Street ROW
October 27, 2014
Page4
REPORT PREPARED/REVIEWED BY:
Mark Westberg, Project Supervisor
Steve Nguyen, Engineering Manager
Scott Brink , Public Works Director
Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution No . 56-2014
a. Exhibit A. -Preliminary ROW Plans
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 56
Series of 2014
TITLE: A RESOLUTION CONCERNING THE ACQUISITION OF
PRIVATE PROPERTY FOR THE PURPOSE OF
CONSTRUCTING, INSTALLING, MAINTAINING AND USING
PUBLIC IMPROVEMENTS FOR THE TABOR STREET MULTI-
MODAL IMPROVEMENTS BY EITHER NEGOTIATION AND
VOLUNTARY PURCHASE OR, IF NECESSARY, THROUGH
THE UTILIZATION OF THE CITY'S POWER OF EMINENT
DOMAIN, AND AUTHORIZING SUCH ACTION AS
NECESSARY TO ACCOMPLISH SAID PURPOSES
WHEREAS, the City of Wheat Ridge, Colorado possesses the power of eminent
domain pursuant to Article XX, §§ 1 and 6 of the Colorado Constitution, Section 16.4 and
1.3 of the City of Wheat Ridge Home Rule Charter, C.R.S. §38-1-1 01, et seq., and
C.R.S. § 38-6-101, et seq.; and
WHEREAS, the City Council for the City of Wheat Ridge seeks to acquire certain
property rights more particularly described on the attached Exhibit A for the purposes
of constructing, installing, maintaining and using public improvements for a multi-modal
street along Tabor Street in Wheat Ridge, Colorado; and
WHEREAS, the City of Wheat Ridge has complied and intends to continue to
comply with all applicable provisions of C.R.S. § 38-1-101, et seq., including, but not
limited to, the notice and good faith negotiation requirements and provisions thereof.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat
Ridge that:
Section 1. The term "Subject Property" means the Easement interest in the
real property more particularly described in attached Exhibit A.
Section 2. The City Council hereby finds that the acquisition of the Subject
Property for the construction, installation, maintenance and use of the public
improvements for a multi-modal street will serve a proper, public and municipal purpose
and use, and that such acquisition is necessary and essential to this public purpose and
use. The City Council hereby declares its intent to acquire the Subject Property for the
purposes stated herein.
Section 3. The City Manager or his designee, in consultation with the City
Attorney, is directed to provide notice of the City's intent to acquire the Subject Property
to the various owners of said property, and to thereafter conduct good faith negotiations
with the owners for the acquisition of the property rights sought. The City Manager is
authorized to make offers for all or portions of the Subject Property based upon the
Attachment 1
appraisal or fair market valuation of the same , and is further authorized to execute
agreements for the acquisition of all or portions of the Subject Property as described on
the attached Exhibit A : Right of way plans of proposed Project No . S-02-14 Tabor
Street.
Section 4. If, after making good faith offers to acquire the Subject Property,
the City is unable to acquire the necessary property rights by negotiation and/or
voluntary purchase, the City Attorney is hereby authorized to institute and prosecute
eminent domain proceedings in the name of the City so as to acquire the Subject
Property by condemnation. In the prosecution of any eminent domain actions to acquire
the Subject Property, the City shall have and retain all rights and powers lawfully
delegated to it by the Colorado Constitution , the City of Wheat Ridge Home Rule
Charter, and C.R.S. § 38-1-101 , et seq . and C .R.S . § 38-6-101 , et seq.
Section 5. The City Manager or his designee , in consultation with the City
Attorney , is authorized to seek and to take immediate possession of the Subject
Property as may be necessary for constructing , installing , maintaining and using public
improvements for a multi-use trail , and to make such deposits or other payments as
may be necessary in connection therewith . If eminent domain proceedings are
inst ituted , the City Manager or his designee , in consultation with the City Attorney, is
authorized to retain such expert witnesses , including appraisers , as the City determ ines
are necessary for the condemnation proceedings .
Section 6. The City Manager or his designee , in consultation with the City
Attorney , are hereby specifically authorized to make such reasonable or necessary
amendments and corrections to the terms and /or legal descriptions of the Subject
Property to be acquired , including authorization to include such additional or other
property rights necessary or desirable for the City to acquire so as to construct , install ,
maintain and use the public improvements for multi modal improvements .
Section 7. The C ity Council hereby finds , determines and declares that this
Resolution is promulgated under the general police power of the City of Wheat Ridge ,
that it is adopted for the health , safety and welfare of the public , and that this Resolution
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 Resolution
bears a rational relation to the proper legislative object sought to be obtained.
Section 8. If any clause , sentence , paragraph or part of this Resolution or the
application thereof to any person or circumstances shall for any reason be adjudged by
a court of competent jurisdiction i nvalid , such judgment shall not affect application to
other persons or circumstances .
2
Section 9. This Resolution shall become effective immediately upon adoption.
DONE AND RESOLVED this day of , 2014.
Joyce Jay, Mayor
ATTEST:
Janelle Shaver, City Clerk
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CITY OF WHEATRIDGE
RIGHT OF WAY TABOR STREETWIOENlNG
PROJECT NO. S-02-14
PROJ ECT CONTROL DIAGRAM & LAND SURVEY CONTROL DIAGRAM
EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 17
TOWNSHIP 3 SOUTH , RANGE 69 WEST
BEGIN R.O.W.
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IV'-'RJv'EM"'I' PRQ .J: t.T EXIBIT A ""
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R.O.W. TABULATION OF PROPERTIES IN JEFFERSON COUNTY TABOR STREET
t.oaau ... Ac.a In ~ ,_t (AQ:zlaa) -· -----~-Si t.~ a 1 /t , a-c. 1 1, " 3 a., .-. It •
1'11.-101 aand.it., t.u::
5040 '!'abor It
..... t ~. (X). 80033
Tlt-102 ait t P.obeuon
5000 Tabor It
..... Ridqo, co. 80033
111.-103 08 ... t c:c-.m.iC.tiCIIUI, Inc.
1005 11th St..
O.Cver, OJ. 80202
Tl't-104 C ' D Ia.w.t.antl
507 5 Tabor It
tlbMt Ri •• (X). 110033
tt-105 Travu ~ton
5055 Tabor It ...,..t. llidge, co. soon
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SOOO Tabor ft
Mheat. IU. •• CX>. 110033
vac:.ant Land
tlhe.at lti.d9e. co . !0033
5075 Tabor at -< IIi~. co. 80033
5055 Tabor It
tftM.at JUdi;Jtl. co . !10033
'"' "' ,.._Of -.. .... Not u.a _.,....,
-1 ... ....
Port.i.on of tot. 19 2,6811 IF o.oo 4 .39 N; +1-
ftandley lleiQhU
Poruon of Lot 19 1, 411 IF 0 .00 1.89 N: +1-
Standley Heivhu
Portion of Let 22 3,230 sr 0.00 1.92 AC +1-
t.e' • SUbdi Vl.a l~
Poruon of Lot U 1, 493 , o.oo
S'taodley Hei9ht•
Porti.cn of Lot 19 3,081 ., 0.00
Standley Keight.a
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oc..l.bMnt Ho. -IUght
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2010045441 OS932A201t
B. 2867 , P 137 05933A2014
3.01 N; .,.,_ 2007002647 OS929A20014
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1. lnis t>rojoct/' ona Survey .,...,..t,... '):og,.Or:'l . r()t o OCU'Idory
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(!Q:te to determine , f .. ~ fOJ'Id "'""uf"'P.f'I'S as -5,......,.,.. ere the r
;:,rooe ... posit ion cr if tney a-e O' 'trlC ccr -ers "'Ay "J"'e "'+f""<lcd
to r.t:n~..~<"!'ent -
7.. Title pol t;y. t + e CO'mlitl113f'lt . ald t1tle ,..esecrcn ae not
PO""f Of thiS SL"'VCY • •'1e,...efore eose~ts . r;qnt;, CJ"'I1 rASir',..t ":'f1S
of record were not r esear·cned Q10 ae nro1 shrvr1" 'Y' +'"' s <l OQt"<T.l ·
rho ver'ficatim of tne Of'lysical ev'':ier~e ..,:,.,., r-e at()"' •o
eoserenti.· r:onts of ••JY.!.· orooeriy bCl.fld<Y''!s . ':J"'j ~""es•,. c• ()"'S .
0: deScr,bed i."' the ~,s1r ,JT'Cn~s "f "CCO'"d o ..C~""e not flC ..Jde<l i'l
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j , This DI(J'l SP.t '$ S\.!biec:" +o c~e C'l0 '"llY '101 be t~ ro: t
current r:;et. It is t"'EE 03er's resPO"'Sil)" 'ty to ve,..:fy ... th tne
City of Wheat Ri<lQe 1'"'0t •Mis sa-+ ·s •ne "'05"+ c._Hef'lt. he
if"'.f()"" 'Qt .;1'1 ..;cr•:·-e<t 01"' +he Qttoehed (]f""OW';nQ ; _not VOl :.:J -P.SS
H"''i!i ccoy bec~""li en O"ig;no ~:~ ... ct.re of ·.,e Profess·CJ"'o
t..l.fveyif ~reon narec .
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Prr-j'9('t nor·z,.,..to r,I'0'"1l0~ ()""!was s..;pp ec t>y City of '*heat
R'doe Sifvey ~0" 'TEf'-+. A Clir.tonces ore uc Survey fcor.
Bosilj )f IJea-ir:t;;~:
'>ear "'QS a-e baSed ('111 the ine CCJ'Y1Cttin<J Ci+y Qf l'heot ~ «;e
~1rv oc''1• • 2MO •o IJ .. C SecC1'dO'"y Cof'ltrol point 501 be' "Q,.,..
:"C3Su~Ci t>et" '*'J C'"' N OS-53 '41 •;.
1/et ,...-~;_· '" "oote :
;)r-Ar• ve'"• co nfcrrn:Jt:cn ....-as ~l..OPiiec by •v "f W"'""!Ot ~·ojco
Stfvey deou TC"'t.
C~:~O N.A ~ ~A,.._V : Prc:ect r:c:x::nliM~es O"'e 'l cortes Ql"l systw.
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e cr• 0"1-S~ p to Co•CYodo c;:totc P ~e coor-oinotes .
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in nortt"linc;:s (J"''cl c.oc• ~,east "'<J~·
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oc~ CYI oosed 1..()()""1 rT!y ocfcct it'! ~.,~s st,;:rvey ._· t.,i,.. 4 P'Yee yeas
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based l-00""1 CTIY defect ;!1 tn:"i 'iwrvey be ccmreri.ed rrue 4 '"'0"' •en
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:rwheatRi._dge
ITEM NO: _5_.
DATE: October 27 ,2014
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPROVE PAYMENT OF THE SALES TAX
INCREMENT FOR SEPTEMBER OF FISCAL YEAR 2014
FROM THE TOWN CENTER PROJECT IN THE AMOUNT
OF $75,170.52 TO RENEWAL WHEAT RIDGE
0 PUBLIC HEARING
~ BIDS/MOTIONS
0 RESOLUTIONS
D ORDINANCES FOR 1ST READING
0 ORDINANCES FOR 2 N° READING
QUASI-JUDICIAL : D YES
ca~~
~ NO
ISSUE:
The 2014 September sales tax increment for Wheat Ridge Town Center due to Renewal Wheat
Ridge (RWR) totals $75 ,170.52. Expenditures over $35 ,000 require City Council approval.
FINANCIAL IMPACT:
The 2014 budget includes a total of $425 ,000 for sales tax increment share back with RWR.
BACKGROUND:
The City adopted the Wheat Ridge Town Center Urban Renewal Plan on December 14 , 1981 ,
which provided for the utilization of property and a sales tax increment in the commercial area
east ofWadsworth Boulevard , between West 38th Avenue and West 44th Avenue. The property
tax increment expired in 2006 , after 25 years. Through an IGA between the City and the Wheat
Ridge Urban Renewal Authority (WRURA) signed on June 26, 2006 , the sales tax increment
was amended so that the maximum increment for the Wheat Ridge Town Center Project paid to
RWR shall not exceed $100 ,000 in any fiscal year and the increment was extended to December
31 , 2008. An amendment to the IGA in October 2007 removed the $100 ,000 annual cap and
extended the agreement to December 31 ,2014. In September, 2011 the City Council approved ,
via Resolution No . 49-2011 , an increase in the payment from 50% to 100 % of the sales tax
increment share back through December 31 , 2014.
RECOMMENDATIONS:
Council Action Form -R WR Sales Tax Payment
October 27 ,2014
Page 2
Staff recommends distribution of the sales tax increment for September of fiscal year 2014 in the
amount of$75 , 170.52.
RECOMMENDED MOTION:
"I move to approve payment of the sales tax increment for September of fiscal year 2014 from
the Town Center Project in the amount of$$75 ,170.52 to Renewal Wheat Ridge."
Or,
"I move to postpone indefinitely the payment of the sales tax increment for September of fiscal
year 2014 from the Town Center Project in the amount of $75 ,170 .52 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
~~A~
~ ~ ~ City of •
?Wheat:R.i_dge
ITEM NO: &.
DATE: October 27 , 2014
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO CANCEL THE REGULAR MEETINGS OF THE
WHEAT RIDGE CITY COUNCIL ON NOVEMBER 24 AND
DECEMBER 22, 2014, DUE TO THE THANKSGIVING AND
CHRISTMAS HOLIDAYS
0 PUBLIC HEARING
IZI BIDS/MOTIONS
0 RESOLUTIONS
D ORDINANCES FOR 1ST READING
0 ORDINANCES FOR 2 ° READING
QUASI-JUDICIAL: D YES IZI NO
£~
ISSUE:
The Thanksgiving holiday this year falls on Thursday, November 27 and City offices will be closed
on that date and the following Friday. The Christmas holiday is Thursday, December 25 1h. Staff
recommends canceling the regular Council meetings scheduled on Monday, November 24 , and
Monday, December 22 . There are no items for consideration on the agenda for those dates.
FINANCIAL IMPACT:
None
RECOMMENDATIONS:
Staff recommends canceling the regular Council meetings scheduled on Monday, November 24 ,
and Monday, December 22.
RECOMMENDED MOTION:
"I move to cancel the regular meetings of the City Council on November 24 and December 22 ,
2014 due to the Thanksgiving and Christmas holidays ."
REPORT PREPARED/REVIEWED BY:
Patrick Goff, City Manager