HomeMy WebLinkAboutCity Council Agenda Packet 09/09/20136:45 – Pre-Meeting
CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
September 9, 2013
7:00 p.m.
Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat
Ridge. Call Heather Geyer, Administrative Services Director, at 303-235-2826 at least one week in advance of a
meeting if you are interested in participating and need inclusion assistance.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS
APPROVAL OF MINUTES OF August 26, 2013
PROCLAMATIONS AND CEREMONIES
World Alzheimer’s disease Month
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
1. Resolution No. 31-2013 – approving a two-lot subdivision plat with a Right-Of-Way
Dedication for property zoned residential-one (R-1) located at 3785 Independence
Street (Case No. MS-13-03/Fox Hill)
CITY COUNCIL AGENDA: September 9, 2013 Page -2-
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING (con’t)
2. Resolution No. 33-2013 – Authorizing the execution of an agreement with a Taste of
Home Cooking, LLC and Wine Not, LLC for participation in the Enhanced Sales Tax
Incentive Program rebating 50% of the Enhanced Sales Tax for a period of five years
for the construction of a restaurant and wine bar at 4101 and 4111 Kipling St. in an
amount not to exceed $73,694
3. Resolution No. 35-2013 – Authorizing the execution of an agreement with Musel
Masster (The Green Herb) for participation in the Enhanced Sales Tax Incentive
Program (ESTIP) rebating 50% of the Enhanced Sales Tax for a period of three years
for construction of a new building at 4565 Kipling St.
4. Resolution No. 34-2013 – Authorizing the execution of an agreement with Musel
Masster (The Green Herb) to participate in the Wheat Ridge Business Development
Zone Program for a rebate of 100% of the eligible Use Tax in association with the
Construction of new building at 4565 Kipling St. in Wheat Ridge
ORDINANCES ON FIRST READING
5. Council Bill 13-2013 – Amending Chapter 11 of the Wheat Ridge Code of Laws by
adding a new article XIII concerning Retail Marijuana and making certain amendments
to Chapter 26 (Zoning and Development) in association therewith
DECISIONS, RESOLUTIONS AND MOTIONS
6. Resolution 32-2013 – Approving the City of Wheat Ridge Coyote Management Plan
7. Motion to approve payment to Insight Public Sector, Inc. in the amount of $51,618.51 for
the annual renewal of the Microsoft Enterprise Agreement
8. Resolution 36-2013- Approving an Intergovernmental Agreement between the City of
Wheat Ridge and Renewal Wheat Ridge to provide funding for the purchase of certain
property
CITY MANAGER’S MATTERS
CITY ATTORNEY’S MATTERS
ELECTED OFFICIALS’ MATTERS
ADJOURNMENT
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
August 26, 2013
Mayor DiTullio called the Regular City Council Meeting to order at 7 :00p.m.
ROLLCALL OF MEMBERS
Joyce Jay
Joseph DeMott
Davis Reinhart
Tracy Langworthy
Bud Starker
George Pond
Krist i Davis
Mike Stites
Also present: City Clerk, Janelle Shaver; City Treasurer, Larry Schulz ; City Attorney,
Gerald Dahl ; City Manager Patrick Goff; Police Chief Dan Brennan ; Economic
Development Manager, Steve Art; other staff, guests and interested citizens.
APPROVAL OF MINUTES OF August 12, 2013
Motion by Councilmember Stites for approval of the Minutes of August 12 , 2013 ;
seconded by Councilmember Starker; carried 8-0 .
PROCLAMATIONS AND CEREMONIES
Pol ice Department Citizen Award Presentation -Melissa Romero
Chief Brennan presented Melissa Romero with the Wheat Ridge Police De~artment
C it izen Award and Police Ceremonial Challenge Coin. While driving on 38 h Avenue
near Newland Street last May she observed a man lying across the sidewalk. She
stopped , the man was unresponsive , and she called 911 immediately. Police came
and the victim was transported to the hospital by ambulance . Fortunately he survived
this medical event. Melissa's brave, selfless and compassionate act may have saved
the man 's life and no doubt prevented additional harm to him .
GFOA Budget Presentation Award
Doug Farmen, the Finance Director of the City of Littleton and acting on behalf of
Government Finance Officers Association , presented the Distinguished Budget
Presentation Award to the City of Wheat Ridge. Th is program encourages governments
to prepare and present excellent budget documents for the benefit of citizens and other
parties with a vital interest in government finance . This award is a premier indicator of
excellence in governmental budget reporting. Compliance with the demanding criteria
City Council Minutes August 26, 2013 Page 2
for this award reflects the professionalism and commitment of many people, numerous
hours of hard work, and a high degree of dedication and leadership. This is the first time
Wheat Ridge has received this award, and Mr. Farmen hopes it will be an example and
encourage others to strive for the same high standards. City Manager Patrick Goff
accepted the award and thanked Mr. Farmen and the GFOA on behalf of the City of
Wheat Ridge. He said the City is honored, as this is the only national award program
for budgeting. This is the first time Wheat Ridge has applied for this award and it reflects
a significant achievement by our governing body and staff to meet the highest principles
of government budgeting . He thanked staff members Heather Geyer, Nathan Moseley
and Karen Van Ert for their efforts every year in completing the budget, especially this
year to be recognized for this award .
CITIZENS' RIGHT TO SPEAK none
APPROVALOFAGENDA
The Mayor noted two items that needed to be added to the agenda : Resolution 29-
2013 and Resolution 30-2013. There were no objections from the Council and they
were added by unanimous consent as Items 2 and 3.
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
1.:. Council Bill No . 12-2013 -submitting a ballot question to the voters of the City at
the November 5, 2013 Election, concerning an increase in the Sales and Use
Tax Rate
Mayor DiTullio opened the public hearing .
Councilmember Starker introduced Council Bill 12-2013.
SHALL CITY OF WHEAT RIDGE TAXES BE INCREASED $6 .5 MILLION IN
CALENDAR YEAR 2014 THROUGH AN INCREASE IN THE CITY'S SALES AND USE
TAX RATE OF ONE CENT (1%) ON EACH ONE DOLLAR , AND BY WHATEVER
ADDITIONAL AMOUNTS ARE RAISED ANNUALLY IN EACH SUBSEQUENT YEAR,
WHICH REVENUES SHALL BE INVESTED IN THE COMMUNITY TO IMPROVE AND
ENHANCE THE SAFETY AND QUALITY OF LIFE OF WHEAT RIDGE RESIDENTS
AND SECURE THE CITY'S FINANCIAL FUTURE THROUGH, BUT NOT LIMITED TO
THE FOLLOWING:
• ROAD AND BRIDGE CONSTRUCTION; STORMWATER DRAINAGE
CONSTRUCTION AND MAINTENANCE ; AND CAPITAL MAINTENANCE TO
PROVIDE A SAFE AND EFFECTIVE CITY INFRASTRUCTURE SYSTEM
City Council Minutes August 26, 2013
• INVESTING IN CAPITAL PROJECTS THAT SUPPORT THE BUSINESS
GROWTH OF OUR COMMUNITY
Page 3
AND SHALL THE CITY BE PERMITTED TO COLLECT, RETAIN AND SPEND THE
REVENUES FROM SUCH INCREASE, INCLUDING ALL INTEREST DERIVED
THEREFROM, WITHOUT REGARD TO THE REVENUE RAISING, DEBT LIMITATION
OR OTHER RESTRICTIONS OF ARTICLE X, SECTION 20 OF THE COLORADO
CONSTITUTION?
City Clerk Shaver assigned Ordinance number 1542 .
There was no staff presentation .
Citizen comments :
Tom Radigan thinks a 33% sales tax increase (up to 4%) is shameful mismanagement.
• Establishing the highest sales tax rate in the area will punish senior citizens the
most because they spend a greater portion of their disposable income here.
• He gave specific dollar reasons why he thinks the City's reserve fund should be
adequate to cover upcoming unfunded liabilities.
• He doesn't think this increase will help attract brand names businesses.
• He wonders if having the highest tax rate in the area will help retain existing
businesses.
• He suggested a rate increase of only 1/3%.
Jesse Hill spoke against putting a $6.5M tax increase on the ballot. He said he wasn't
speaking against the tax itself, but he doesn't think it should go on the ballot as written .
• He doesn't think citizens will be able to make an informed and educated decision
about this because the ballot issue has no plan , no budget, no timeline, and no
accountability.
• He encouraged Council to table it until more information can be provided, thereby
earning the respect of citizens and also their possible support .
• If it is not tabled he suggested three amendments: 1) a provision to ensure the
tax money is spent only on items listed (i.e. remove the phrase "but not limited
to"), 2) include a sunset, and 3) provide transparency so any citizen can monitor
how this money is being spent without making a special request.
• He asked why there is no plan , no budget, and no sunset, and he wonders if this
will really solve any financial problems the City may have .
Council comments/questions:
Council member Jay said she will not be supporting this bill as it's written because it
puts us in too high a range and seniors will pay more . Lakewood and Golden have 3%,
Arvada 3.46%, Edgewater 3.5%. She thinks it's not in our best interest to have a 4%
sales tax rate right not when we are trying so hard to create economic development.
She prefers a lower percentage. She also thinks the upcoming Jefferson County school
bond vote does not bode well for this ballot item .
City Council Minutes August 26, 2013 Page4
Councilmember Davis said she didn't have a problem striking the words "but not
limited to" because she thinks the money will go for roads, bridges and other capital
projects that will attract businesses anyway. She still feels the decision from the
retreat, a 1% increase in sales tax, is the fairest way to spread the burden across the
spectrum of citizens. It doesn't just hit property owners. She thinks our infrastructure is
wearing out.-She noted that places like Belmar and the Target on Kipling have extra
development fees (shown on the sales receipts) which actually make their tax rates
higher. She will continue to support this tax because it supports the vision for Wheat
Ridge. She supports being transparent , but the status quo is not good.
Councilmember Stites said he has not supported this tax increase from the beginning .
As a WR businessman he thinks it will hurt business. We are just getting to a good point
where we have some good businesses coming in and this will hurt them. He thinks it
will also hurt some older businesses . -He also doesn't like the language . The 2004
tax increase was specific language about how the money would be spent and good has
come from it , but this one doesn 't have enough information for people. -He also feels
the City needs to cut its own budget first. After cutting our own budget then we may be
able to show citizens why a tax increase is needed.
Councilmember Pond had some procedural questions about the possibility of
changing any wording tonight. Mr. Dahl explained how, with a short recess, some minor
changes in the wording of the ordinance could easily be made tonight
Mayor DiTullio closed the public hearing.
Motion by Council member Starker to approve Council Bill No . 12-2013, an ordinance
submitting a ballot question to the voters of the City at the November 5, 2013 Election,
concerning an increase in the Sales and Use Tax Rate, and that it take effect
immediately upon adoption ; seconded by Councilmember Reinhart .
Motion by Councilmember Jay to amend the ordinance to provide for a 1/2% increase
in the sales and use tax, and cut the total to $3.25 million . Motion failed for lack of
second.
Motion by Councilmember Davis to remove the words "not limited to the following";
seconded by Councilmember Reinhart. Discussion followed.
Councilmember DeMott spoke about the tax being something that has been
contemplated for several years. Discussion has revealed that alternatives such as road
fees or storm sewer utilities are a disaster. Arvada and Lakewood have those and
people enjoy that we don't have those in Wheat Ridge . He owns businesses in all three
cities and he doesn't think it will hurt businesses. We also have the lowest property tax
-he thinks in the whole county, which has been good for seniors and businesses. A
future City Council could impose a storm water fee that will not go to the voters. He
believes that putting a sales tax question on the ballot is the most fair way to ask for a
City Council Minutes August 26, 2013 Page 5
tax increase and is the most open and transparent way to go. He won't support this
amendment.
The motion to amend failed 5-3 with Councilmembers DeMott, Stites, Langworthy,
Davis, and Starker voting no.
The main motion, with no amendments, carried 6-2, with Councilmembers Stites and
Jay voting no.
2. Resolution 29-2013 --Authorizing the appropriate city officials to execute an
"intergovernmental agreement" by and between the County of Jefferson, state of
Colorado, and the City of Wheat Ridge, Colorado regarding the administration of
their respective duties concerning the conduct of the coordinated election to be
held on November 5, 2013.
Approval of this resolution executes the City's contract with Jefferson County for our
participation in the upcoming coordinated election. The County will conduct the election
and the City will pay its pro-rated costs for services, equipment, forms and supplies.
Motion by Councilmember Pond to adopt Resolution 29-2013; second by
Councilmember DeMott; carried 8-0
~ Resolution 30-2013-authorizing the appropriate City officials to execute an
"intergovernmental agreement" by and between the County of Jefferson, state of
Colorado, and the City of Wheat Ridge, Colorado, regarding the production of a
mailed notice concerning ballot issues. (TABOR)
Approval of this resolution will satisfy our responsibilities under TABOR (the
Taxpayer Bill of Rights) which require the production of a mailed notice
concerning TABOR ballot issues.
Motion by Councilmember Pond to adopt Resolution 30-2013; seconded by
Councilmember Starker; carried 8-0
CITY MANAGER'S MATTERS none
CITY ATTORNEY'S MATTERS
Mr. Dahl reported the investigation he was directed to do is in progress and his goal is
to get the results to Council before the meeting on Septe~ber 9.
CITY CLERK'S MATTERS
Clerk Shaver reminded the public that if they would like to receive minutes from the
Council Meetings and notes from the Study Sessions they can be on that email list. All
they need do is call or email the City Clerk's office and give us your email. We also
have a very small list of folks who don't have computers and we send them copies by
City Council Minutes August 26, 2013 Page 6
regular US mail. That service is available if you need it. She assured citizens that this
list is only used for this one purpose .
She also reported the following list of candidates who have submitted petitions for the
upcoming municipal election. Some minor curing of signatures is necessary, but it
appears the candidates will be:
Mayor-Joyce Jay, Mike Stites and Park Worthington
City Council District 1 -Davis Reinhart , Jerry DiTullio, Monica Duran & Karen Thaler
City Council District 2 -Zach Urban and Chad Harr
City Council District 3 -Dick Matthews and Tim Fitzgerald
City Council District 4 -Joseph DeMott and Genevieve Wooden
She also reminded candidates that the Lot Drawing for ballot order will be held this
Thursday at ?PM in Council Chambers .
ELECTED OFFICIALS' MATTERS
Mike Stites remarked that this year's Carnation Festival was great. He offered
congratulations to the Festival Committee because he knows it is a lot of work . -
Mike's positive thing: With school starting, folks are reminded to watch out for the kids .
Tracy Langworthy announced that Curt Gilmore, a very active proponent of Wheat
Ridge and many other charities, lost a battle with cancer. A memorial has yet to be
scheduled, but our thoughts and prayers are with his wife and family.
Kristi Davis said she was sorry to hear about Curt Gilmore. She grew up with his
children . -She noted the Melrose Manor block party was a huge success and she
thanked the police and fire departments for coming. The fire trucks were a big hit. She
encouraged other neighborhoods to have a block party; it really brings your
neighborhood together. -She announced they will be pulling citizens together to help
pass the sales tax and invited anyone that wants to help. She said that whenever there
are more than two councilmembers gathered for this effort they will post it.
George Pond agreed that the Carnation Festival was great. His family had a
great time and he appreciates the hard work that was put in. -He thanked the people
who have come in for public comment in recent weeks. Although Council has hard
decisions to make he thinks it's great when they get the participation. He appreciates it.
Davis Reinhart said he knew Curt Gilmore and his thoughts go out to his family . He
also asked for good thoughts for former Jefferson County Commissioner Kevin
McCaskey, who is struggling with cancer.
Joe DeMott commented on another awesome Carnation Festival this year. This was
his first year as a board member and now he know what a grueling task it is . He
praised the folks who work together throughout the year to put it all together. Some
have been doing it literally for decades. They always welcome new ideas and new
City Council Minutes August 26, 2013 Page 7
volunteers , if you have the time . Meetings are once a month on Tuesday nights . He
thanked the board members, committee members , volunteers , organizations , the
Rotary , the Optimists , WR High School , and all who helped .
Meeting adjourned to Special Study Sess ion at 7:46pm.
Janelle Shaver, City Clerk
APPROVED BY CITY COUNCIL ON September 9, 2013 BY A VOTE OF __ to __
Davis Reinhart , Mayor pro tern
The preced ing Minutes were prepared according to §47 of Robert 's Rules of Order, i.e.
they contain a record of what was done at the meet ing, 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.
~ ~ '~
... , r-City of •
?WheatR!_dge
ITEM NO: /.
DATE: September 9 , 2013
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 31-2013-A RESOLUTION APPROVING A
TWO-LOT SUBDIVISION PLAT WITH A RIGHT-OF-WAY
DEDICATION FOR PROPERTY ZONED RESIDENTIAL-ONE
(R-1) LOCATED AT 3785 INDEPENDENCE STREET
(CASE NO. MS-13-03/FOX IDLL)
[gl PUBLIC HEARING
D BIDS /MOTIONS
[gl RESOLUTIONS
QUASI-JUDICIAL:
D ORDINANCES FOR 1ST READING
0 ORDINANCES FOR 2 N° READING
[gl YES D NO
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ISSUE:
The applicant is requesting approval of a two-lot subdivision plat for property zoned (R-1) and
located at 3785 Independence Street. The purpose of the request is to create two lots : one lot for
an existing home and a second for development of a new single-family home to the west.
PRIOR ACTION:
Planning Commission recommended approval of this subdivision request on August 15 ,2013.
Attached are copies of the Planning Commission staff report and meeting minutes. Public
testimony included concerns related to future development and potential drainage impacts. Staff
will review any future building permit through the standard review process to ensure that impacts
to adjacent property are minimized.
FINANCIAL IMPACT:
The proposed subdivision is not expected to have a direct financial impact on the City. Fees in the
amount of$1 ,450 were collected for the review and processing of Case No. MS-13-03. Fees in
lieu of streetscape construction and parkland dedication will also be collected.
Council Action Form
September 9, 2 013
Page2
BACKGROUND:
The property is located at 3785 Independence Street, two lots south ofW. 38 1h Avenue. The site is
embedded in a residential neighborhood and is surrounded on three sides by properties that are
also zoned R-1 and contain single-family homes. To the east across Independence Street are
properties zoned R-2.
Based on Jefferson County assessor records , the subject property is 25 ,794 square feet in size
(0.59 acres). A single family home located on the east side of the property was originally
constructed in 1950 . An unimproved driveway serves the property and provides access off of
Independence Street.
The applicant is proposing to formally subdivide the site into two lots , such that the existing home
sits on its own lot and the remaining portion of the property may be used to develop a new single
family home . The property is currently owned by the applicant 's family , and the new lot would
either be developed by the family or sold .
Propos ed Plat
The proposed subdivision plat will result in two development lots . Lot 1 will meet minimum lot
size and lot width requirements for a single-family home in R-1. Lot 2 is designed as a flag lot
and also meets minimum size and width requirements . A 25-foot wide "pole" portion will allow a
driveway and utilities to extend directly from Independence Street to the new lot. Standard
easements are created along the property lines of both lots .
When new properties are created in the City through the subdivision process , staff reviews
adjacent street improvements to confirm they meet current roadway design and drainage
standards. In this case, Independence Street is a designated bicycle and pedestrian route and is
slightly substandard in width. For this reason , a narrow 2.5-foot wide right-of-way dedication is
shown on the plat. In accordance with the City's Stree ts cape D es ign Manual, the applicant will
pay a fee of $3 ,215.28 in lieu of constructing streetscape improvements .
The application has been through the standard referral process and all affected service agencies
can serve the property. The Parks Commission is recommending fees in lieu of land dedication
for parkland needs.
REC OMMEN DE D M OT IO N:
"I move to approve Resolution No. 31-2013 , a resolution approving a two-lot subdivision plat
with a right-of-way dedication for property zoned Residential-One (R-1) located at 3875
!~dependence Street, for the following reasons:
1. City Council has conducted a proper public hearing that meets all public notice
requirements as required by Section 26-109 and 26 -407 of the Code of Laws .
2 . The requested subdivision has been reviewed by the Planning Commission , which has
forwarded its recommendation.
Council Action Form
September 9 , 2013
Page 3
3. The Subdivision plat has been found in compliance with Article IV of Chapter 26 of the
Code of Laws .
4. All agencies can provide services to the property with improvements installed at the
developer's expense."
and with the following conditions:
1. Fees in lieu of streetscape improvements be provided prior to recording the plat, and
2 . Fees in lieu of parkland dedication be provided prior to recording the plat."
Or,
"I move to deny Resolution No. 31-2013 , a resolution approving a two-lot subdivision plat with
a right-of-way dedication for property zoned Residential-One (R-1) located at 3875
Independence Street, for the following reasons:
1.
2.
3.
and direct the City Attorney to prepare a Resolution of Denial , to be scheduled for Council
consideration at the next available regular business meeting."
REPORT PREPARED/REVIEWED BY:
Lauren Mikulak, Planner II
Meredith Reckert , Senior Planner
Kenneth Johnstone, Community Development Director
ATTACHMENTS:
1. Resolution No. 31-2013
2 . Planning Commission staff report
3. Planning Commission minutes draft
TITLE:
CITY OF WHEAT RIDGE, COLORADO
Resolution No. 31
Series of 2013
A RESOLUTION APPROVING A TWO-LOT SUBDIVISION PLAT WITH
A RIGHT -OF-WAY DEDICATION FOR PROPERTY ZONED
RESIDENTIAL-ONE (R-1) LOCATED AT 3785 INDEPENDENCE
STREET (CASE NO. MS-13-03/FOX HILL)
WHEREAS, Chapter 26, Article I of the Wheat Ridge Code of Laws establishes
the procedures for the City's review and approval of Subdivision Plats; and,
WHEREAS, an application for a subdivision plat was received from Stephen
Trout to subdivide property located at 3785 Independence Street in a Residential-One
zone district; and,
WHEREAS, all referral agencies have reviewed the request and do not have
concerns; and,
WHEREAS, all required publishing, posting and notification requirements for a
September 9, 2013 City Council public hearing have been met.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat
Ridge, Colorado, as follows:
A TWO-LOT SUBDIVISION PLAT WITH A RIGHT-OF-WAY DEDICATION FOR
PROPERTY ZONED RESIDENTIAL-ONE (R-1) LOCATED AT 3785
INDEPENDENCE STREET (CASE NO. MS-13-03 I FOX HILL) IS HEREBY
APPROVED FOR THE FOLLOWING REASONS:
1. City Council has conducted a proper public hearing that meets all public notice
requirements as required by Section 26-109 and 26-407 of the Code of Laws.
2. The requested subdivision has been reviewed by the Planning Commission,
which has forwarded its recommendation.
3 . The Subdivision plat has been found in compliance with Article IV of Chapter 26
of the Code of Laws.
4. All agencies can provide services to the property with improvements installed at
the developer's expense.
Attachment 1
And with the following conditions :
1. Fees in lieu of streetscape improvements be provided prior to recording the plat.
2 . Fees in lieu of parkland dedication be provided prior to recording the plat.
DONE AND RESOLVED by the City Council this g th day of September 2013 .
Jerry DiTullio , Mayor
ATTEST:
Janelle Shaver, City Clerk
TO: Planning Commission
DATE OF MEETING:
CASE NO. & NAME:
City of \Vheat~ge
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
August 15, 2013
MS-13-03 I Fox Hill
CASE MANAGER: Lauren Mikulak
ACTION REQUESTED: Request for approval of a two-lot minor subdivision with right-of-way dedication
on property zoned Residential-One (R-1)
LOCATION OF REQUEST: 3785 Independence Street
APPLICANT(S): Stephen W. Trout
PROPERTY OWNER(S): Robert B. Trout
APPROXIMATE AREA: 25 ,794 Square Feet (0.59 Acres)
PRESENT ZONING:
PRESENT LAND USE:
ENTER INTO RECORD:
Residential-One (R-1)
Single-family home
(X) CASE FILE & PACKET MATERIALS
(X) ZONING ORDINANCE
LOCATION MAP
(X)
(X)
Planning Commission Attachment 2
Case No . MS-13-0 3 1 Fox Hill
SUBDIVISION REGULATIONS
DIGITAL PRESENTATION
Site
All notification and posting requirements have been met ; therefore , there is jurisdiction to hear this case.
I. REQUEST
The applicant is requesting approval of a two-lot minor subdivision with right-of-way dedication on
property zoned Residential-One (R-1) and located at 3785 Independence Street. The purpose of the
request is to create two lots: one lot for an existing home and a second for development of a new single family
home to the west.
A subdivision involving two lots is processed as a minor subdivision. In this case , because the plat
includes a right-of-way dedication , Planning Commission will make a recommendation to City
Council which is the final authority for approval.
II. EXISTING CONDITIONS
The property is zoned Residential-One (R-1) and is located at 3785 Independence Street, two lots south
ofW . 381
h Avenue Exhibit 1, Aerial. The property is zoned Residential-One (R-1) and is surrounded
on three sides by properties that are also zoned R-1 and contain single-family homes. To the east
across Independence Street are properties zoned R-2.
Based on Jefferson County Assessor records , the subject property is 25 ,794 square feet in size
(0.59 acres). A single family home is located on the east side of the property which was originally
constructed in 1950. An unimproved driveway serves the property and provides access off of
Independence Street.
The ro erty is art of the Westhaven Subdivision which was originally platted in 1950 ~=;;..;.;....;=
Westhaven Subdivision . It appears that several properties in the subdivision were subsequently
divided without going through a subdivision process. The subject site is comprised of the northern 125
feet of lots 4 and 5.
The applicant is proposing to formally subdivide the property into two lots, such that the existing home
sits on its own lot and the remaining portion of the property may be used for development of a new
single family home. The property is currently owned by the applicant's family , and the new lot would
either be developed by the family or sold.
III. PROPOSED SUBDIVISION PLAT
Lot Configuration
The proposed subdivision plat will result in two development lots Exhibit 3, Pro sed Plat . Lot I
will meet minimum lot size and Jot width requirements for a single-family home in R-1. The existing
home will also meet minimum setback requirements from the newly created lot lines. Lot 2 is
designed as a flag lot and also meets minimum size and width requirements. A 25-foot wide "pole"
portion will allow a driveway and utilities to extend directly from Independence Street to the new Jot.
Right-of-way Dedication
When new properties are created in the City through the subdivision process, staff reviews adjacent
street improvements to confirm they meet current roadway design and drainage standards. In order to
promote high-quality, multi-modal streets throughout Wheat Ridge , the Bicycle and Pedestrian Master
Planning Commission
Case o. MS-13-03 I Fox Hill
2
Plan establishes design standards for the City's bike/ped routes and Independence Street is a
designated route. When a new subdivision is platted along bicycle and pedestrian routes , right-of-way
dedication and/or installation of streetscape improvements are typically required.
In this case , the existing right-of-way width for Independence Street is slightly substandard , so a 2.5-
foot wide right-of-way dedication is shown on the plat. Based on the adopted master plan , the standard
street section in this area should include a 5-foot wide detached sidewalk and a 5-foot tree lawn.
Because sidewalk is intermittent along Independence Street, the applicant was given a choice of either
installing a new sidewalk and tree lawn within the right-of-way or paying a fee in lieu. The applicant
has expressed preference to pay a fee in lieu. The amount owed is based on the length of the street
frontage and is estimated by the Public Works Department to be $3 ,215.28. The fee will be due upon
recordation ofthe plat.
Easements
The development covenants for the original Westhaven Subdivision established drainage and utility
easements along all side and rear property lines. While the City does not enforce private covenants,
this easement bisects the property and is therefore proposed to be vacated by the plat. Standard
easements are created along the property lines for both lots .
IV. AGENCY REFERRALS
All affected service agencies were contacted for comment on the consolidation plat regarding the
ability to serve the property.
There were substantive comments received regarding provision of water service, and the issue has
been resolved. Specifically, Independence Street is a district boundary for the water districts that serve
the area. The west side of the street, including the existing home on the subject property, is served by
Consolidated Mutual Water District. Wheat Ridge Water District serves properties on the east side of
the street 'Exhibit 4, Water Districts . The only water main within Independence Street is maintained
by Wheat Ridge Water District. For this reason , the two districts have signed an agreement allowing
Lot 2 to remain within the service area boundary of Consolidated Mutual , but to be served by Wheat
Ridge Water District. Wheat Ridge will sign the Water Supply License when a new tap application is
submitted.
Specific referral responses follow :
Wheat Ridge Public Works: The plat has been reviewed and approved.
Wheat Ridge Parks and Recreation Commission: A fee in lieu of parkland dedication for the
new single family Jot will be required.
Wheat Ridge Fire District: Can serve; no concerns.
Westridge Sanitation District: Can serve; no concerns.
Xcel Energy: Can serve ; no concerns.
Planning C ommission
Case No. MS-13-03 I Fox Hill
3
Wheat Ridge Water District: Has agreed to serve.
Consolidated Mutual Water District: Has agreed to allow Wheat Ridge Water District to
serve.
Comcast Cable: No concerns.
Qwest Communications: No comment.
V. STAFF CONCLUSIONS AND RECOMMENDATIONS
Staff concludes that the proposed minor subdivision plat is compliant with Article IV (subdivision
regulations) of the zoning and development code. For this reason, Staff recommends approval of the
plat with the conditions listed below.
V. SUGGESTED MOTIONS
Option A: "I move to APPROVE Case No. MS-13-03, a request for approval of a two-lot minor
subdivision plat on property zoned Residential-One (R-1) and located at 3785 Independence Street, for
the following reasons:
1. All agencies can provide services to the property with improvements installed at the
developer's expense.
2. All requirements of Article IV of the zoning and development code have been met.
With the following conditions:
3. Fees in lieu of streetscape improvements be provided prior to recording the plat.
4. Fees in lieu of parkland dedication be provided prior to recording the plat."
Option B: "I move to DENY Case No. MS-13-03, a request for approval of a two-lot minor
subdivision plat on property zoned Residential-One (R-1) and located at 3785 Independence Street, for
the following reasons:
1.
2.
3. "
Planning Commission
Case No . MS-13-03 I Fox Hill
4
EXHIBIT 1: AERIAL
Th e subject property is located at 3785 Independence Street and is highlighted in blue below.
Planning Commission 5
Case No . MS-13-03 I Fox Hill
EXHIBIT 2: WESTRA VEN SUBD.
The image below is an excerpt from the Westhaven Subdivision which was originally approved in
1950. The subject property is comprised of the northern 125 feet of Lots 4 and 5.
" ..
..
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WESTHAVEN
A Suaoavas.oN or THE EAST THREE-FouRTHS M THE N~THWI:ST QUMTitR
OF TME NoRTHWEST QUARTER OP" SECTION 27, TOWNSHIP 3 SouTH. AANQt: 69
WEST OF THE SIXTH PRINCIPAL MERID\AN, IN '-'EFYEASON COUNTY, COLORADO.
ScALE~ a" • eo'
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.-..... ...._ __ WE.:..:..==ST v: AVENU!; ______ --:·:'--"=-';L;..:;~
.... 100'
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7
Planning Commission
Case o. MS-13-03 I Fox Hill
6
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OWNU 'S CEm'U'ICATE
~ ROBEJlT IIRUCI! TROIIT, BEJNO THE OWNEit 01' IUlAL PROPEitTY CONT AlNINO
2$.1'94 SQ. FT. (IU921 ACRES) DF3CIUBm AS RlU.OWS:
t.EG.<L DESCJIJI'TION:
lHI! NOitnt 12S FEET OF LOTS 4 AI<O S. BLCXX 1. WESl1IA YEN. l.OCA TED IN ntE
NORlliWl!ST 14 OF SECTION 27. TOWNSHIP l SOUTH, lANCE 69 WEST OF ntll6Tlt ~~~y~~N.STATEOI'COI.OtWXl,BEINO
COMMENCIHG AT TilE WEST Ul6nl CORI'IU Of SfCTIOI<S 12·27. TOWNSIUP l
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TilE NORTliWEST 14 OF SfCTIOI< 27 AI<OON AI<O ALONO TilE WESTERLY
JU()IIHli'-WAY LINE Of 1Nll£P£11D£1(CB sn£BT A1<0 TilE EASTEil.. y UN8 01' SAID ~~~r~Jm~:mv~r~~it'D
NORlliWl!ST 14 OF SECT!Otl 27, A DIST ANCB OF 206.JS FEET TO A I'Oil<T ON mE WEST ~~ft'D~MhT~{!;Ji~~~J1~~6&"nJE
NOil111WEST 14 OF SfCTIOI< 27, A DIST ANCB OF 12S.OO FEET TO A I'Oil<T; TllfNCB N
19"J9')j" B. AI<DPARALLEI. W!Tll TilE NOil11lEIILY LINE OF SAID NOilniWF.sT IUOF
1H£ NORTI IWEST Y.OI' S£CTION 27, A DISTANCE OF 206.JS FEET TO TilE POINT OF
BEGINNINO. SAID TllACTCONTAININO 2S,1'94 SQ. fT. (0.S9 ACilES) MORE OR LESS.
STATE OF COI.OtWXl )
COilNTY OF .JHFEIISON /
TilE F01l£001NO INSTRUMENT WAS ACKNOWLEOOEO BEFOilli ME THIS
~A.D. 20_ BY IIDBEilT BRUCE TROIIT.
WITNESS MY KANI> AI<O OFFICIAL SJW.. MY COMMISSION EXPIUS:
NOtAkY POBUC
COIJNTY CLUJC AND UCORD£RS C£RTIFICATI:
STATE OF COLORADO l
COilNTY OF JEffEIISON )
DAY OF
I HEREBYCEilTlFY TltATntiS PUT WAS FILF.O IWntEOFFICE OFntECOilNTY
CLERIC AND IIECORDEJt OF .JEffEIISON COilNTY ATOOLDEN, COI.OR.AOO, AT uoor~~g-·M.if1:r_WHJfrnODAYOI' A.O.m
.JEFFERSON COilNTY CLEitl( AND RECORDEJt
BY:.~DD\n~ftVY .................... __
FOX HILL SU BDIVISION PAGE 1 OF 1
A LOT UNE AD JU STMEN T PLAT
OF LOT 4A AND 5A, BLOCK 1, WESTHAVE N SUBDIVISION PLAT BOOK 9 A T PAGE 59
LOCATED IN THE NW 1/4 OF THE NW 1/4 OF SECTION 2 7, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M .,
CITY OF WHEAT RIDGE , COUNTY OF JEFFERSON , STATE OF COLORADO
LOT e
WESTHAVEN SUBOI'IlSION
ZONING: R-1
CTTY Ct:aTlfiCATIO!'i
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I • • SET 1" REO PlASTIC CN' ON 20" 14 RfBAR. P\..S 20136 Ill -FOUNO SECTION CORNER IIOHUWENT AS SHOWN I
--• ElC1ERlOR BOUNDARY
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--• INTERIOR LOT LINES
......... -ElOSTlNG FENCE LINE I --• unurv EASOoJENT uNE
LOT 2
'll£51liA \91 SU801'11510N
ZONING: R-1
LOT 2
O.JO Acres.
12948 Sq.fL
ZONING: R-1
LOT 5-8
WESTHA \91 SUBOI'IlSION
ZONtiC: R-1
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APPIIOYEOTIOS OAYOF _ .... _~ BY Til E WHEAT RIOO E CTTY COUNCIL
ATTEST
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COMMUNIN DF.VEUWMEHT DIRECIOR
bikttitJI OF HJBLIC WORkS
.35'
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Nil' CORNER
SEC. 27, f.lS, R69W
FOUND 3 1/•" BRASS CN'
t1 RANGE BOX. LS 13212
OTY ~ WHEAT RIDGE POINT I
15409 H: 705773.73 E: 11~11 . .e
LOT 1
0.29 Acres.
12~33 Sq ft.
ZONI NG: R-1
LOT 4-8
WESlHA \91 SUBOf'llSION
ZONING: R-1
PLA..'OIIXC COMMI ION CE.JtTtFlCA n ON
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FOUND 3 1/4" BRASS CN'
IN RANGE BOX. LS 13212
OTY ~ WHEAT RIDCE P<»>TI
15509 N; 70~789.48 E: 113163.04
STATEMZI'o"TOF ACCURACY
TilE G£006T1C COK11tOL DATA SIIOWN llEIWN liAS BEEN OEIUVEO FllOM nJE
COI.OtWXl COORDINATE SYSTEM OF 1983, CEHnAI. ZO. CJm, AND liAS A
IIORIZONTAL ACCURACY a.ASSIFICATION OF 0.06, US SllllVBY FEET AT TilE 95%
CONFIOENC£ LEVEL AS DE>lNm IW TllEGEOSI'AllAL POSJTIONlNO ACCURACY
ST AliO.UDS OF THE fEO£IIAL GEODETIC COtmtOL SUliCOMMITTEE
(fGIJC.ST0.007.2-199e)
ST AI<IIAJUI LUI.MINf LANCUAC&
~Wr~)~AAitlc~.u.&o~~.rnrJ~~J"
~_M~~~"t,.~ffi"'~wr~2=roALLsiOE
LOT Llh'ES OF EACI LOT IN TilE SUBDIVISION OR P1.A TTEO AREA. TliESB
EASDIENn AU OEOICAlm FOR TlllliNST AU.A liON, MAINTENANCE. AI<D
IEPLACDCENT OF ELECT1UC. CAS. TELEVISION CABLE. OllAINAGE Al'o'D
1'U.£(XJMNIJNICA TlONS FACUTIES. 1Jl11.111ES SIIALL ALSO BE PER.MJTTEO W!Tli.JN
ANY Aa:ESS EASEMENTSAI'o'DI'ItiVATESTilEETS INTI IE SUBDIVISION. PER.MA.'IENT
STRut"TUI£S AI<O W A TEll METa$ SIIAU. NOT 81! PEilMlTTED WITliiN SAID
l1T1LITY EASEMENTS.
StlltVEYOR'S CUT IIlCA TE
L ROBERT L FEIIOlDI 00 HEREBY CEI!Tif'Y ntATTliE SllllVEY Ofntl!BOUNOAAY
Of FOX HILL SUBDIVISION WAS MADE BY ME OR UNDER MY DIRECT SllPEIIVISION
AI<O TO THE BEST 01' MY KNOWLEDGE, OO'ORMA TlON AI<O BELIEF, fN
ACCOROANCI! WTTll ALL APPLICAJILE COLOilADO ST A T\ITES, CURR.ENT llEVISEO
EDITION AS AMENDED, THE ACCOMPANYlNO PUT ACCilllA TEL Y REPRESENTS SAID
SllllVEY.
IUUW L FEIUXbl . PU 1VIl6
CASIE HISTORY':
MS-13-03
f1 7-22-1 3
f2 7 -3 1-13
13 8 -6 -13
OAT£: 5-18 -13 .d N0.8 10 3JO
WG LOCAIION STA.3
•II 128/14 ORA.,~" MW/FJF
EXHIBIT 4: WATER DISTRICTS
The map below shows the boundaries of the water districts which serve the neighborhood. The only
water main within Independence Street is maintained by Wheat Ridge Water District. For this reason ,
the two districts have signed an agreement allowing Lot 2 of Fox Hill Subdivision to remain within the
service area boundary of Consolidated Mutual , but to be served by Wheat Ridge Water District.
Planning Commission
Case No . MS-13 -03 I Fox Hill
7
~~'~ .. ~ City of
JP'"VVlieatRl._dge
PLANNING COMMISSION
Minutes of Meeting
August 15~ 2013
1. CALL THE MEETING TO ORDER
The meeting was called to order by Chair BRJNKMAN at 7:00p.m. in the City Council
Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado.
2. ROLL CALL OF MEMBERS
Commission Members Present:
Staff Members Present:
3. PLEDGE OF ALLEGIANCE
4. APPROVE ORDER OF THE AGENDA
Anne Brinkman
Monica Duran
Tracy Guildner
Dick Matthews
Steve Timms
Alan Bucknam
Scott Ohm
Amanda Weaver
Lauren Mikulak, Planner II
Kim Waggoner, Recording Secretary
It was moved by Commissioner MATTHEWS and seconded by Commissioner
TIMMS to approve the order of the agenda. Motion carried 5-0.
APPROVAL OF MINUTES-June 20, 2013
5. It was moved by Commissioner MATTHEWS and seconded by Commissioner
TIMMS to approve the minutes of June 20, 2013 as written. Motion carried 5-0.
6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing
on the agenda.)
No one wished to speak at this time.
Planning Commission Minutes
August 15 , 2013
- 1 -
Attachment 3
Chair BRINKMAN stated there is an opening on the Planning Commission for District 3
and urged any interested audience members or television viewers to contact their local
Councilperson if they are interested in applying for the open position.
7. PUBLIC HEARING
A. Case No. MS-13-03: An application filed by Stephen W. Trout for a 2-lot minor
subdivision with right-of-way dedication for property zoned Residential One (R-1)
located at 3785 Independence Street.
This case was presented by Lauren Mikulak. She entered all pertinent documents into the
record and advised the Commission there was jurisdiction to hear this case. She
reviewed the staff report and digital presentation. She stated no written comments were
received during the 15-day posting period and the case will be heard by City Council for
final approval. Staff recommends approval ofthe 2-lot minor subdivision with right-of-
way dedication.
Commissioner TIMMS inquired about the minimum street frontage for a flag lot. Ms.
Mikulak stated the minimum width is 25 feet. She also stated the subject property can
accommodate a driveway, a fire truck and utilities.
Commissioner TIMMS asked if the front setback on Lot 2 can be met. Ms. Mikulak
replied the code defines the front lot line as the one parallel to Independence Street and
the setback would be 30-feet. It would result in a narrow developable area. A variance
could be requested to recognize the southern lot line to be considered the front lot line.
This would be reviewed when a site plan is submitted.
Commissioner TIMMS inquired about the minimum driveway width for the proposed lot
considering storm sewer and a curb cut. Ms. Mikulak replied 25 feet and there are some
options for accommodating utilities and driveway within this width .
Commissioner MA TIHEWS asked if a right-of-way dedication is required for a flag lot.
Ms. Mikulak replied a 2-1 /2-foot right-of-way dedication will apply to both lots.
Commissioner MA TIHEWS asked if the setback requirements have been met for the
existing structure. Ms. Mikulak stated yes. The front setback was reduced due to the
City 's request for a right-of-way dedication.
Chair BRINKMAN asked if a variance for setbacks on Lot 2 should be considered now
or with a site plan. Ms. Mikulak stated a variance for lot size or width is typically
considered with the plat, but there is no site plan available at this time to assess setback
variances. The variance would qualify for administrative review as it would meet the
50% threshold.
Chair BRINKMAN asked if the runoff to the neighbor to the south due to the slope
would be considered at that time. Ms. Mikulak stated the plans would be reviewed by the
Planning Commission Minutes
August 15 , 2013
-2 -
City 's Development Review Engineer when a building permit is submitted for new
development on Lot 2.
Chair BRINKMAN opened the public hearing.
Stephen Trout
1 00 Park Ave West, Denver, CO 80205
The applicant stated he would like to subdivide to get the value out of the property and he
has spoken to most of the neighbors.
Rodney Pinkney
9665 W. 37th Ave.
Mr. Pinkney stated his concerns about drainage and standing water. He stated the
original Westhaven subdivision has restrictive covenants associated with it. He asked
why the application was a new 2-lot subdivision instead of an amendment to the original
Westhaven Subdivision plat.
Susan Pinkney-Todd
3233 Fenton St.
Ms. Pinkney stated her concerns about privacy due to the possibility of a multi-story
house being built on Lot 2 of the subject property.
Commissioner DURAN asked staff what kind of housing is being proposed. Ms.
Mikulak stated it is unknown at this time.
Commissioner DURAN asked if the neighbors are notified when a proposed site plan is
submitted and a variance request is submitted. Ms. Mikulak stated standard building
permits don 't require public input. A public notice would be sent to adjacent neighbors
for a variance request and a posting on the property would occur.
Commissioner GUILDNER asked if there is a review for flooding. Ms. Mikulak replied
that the City 's Development Engineer would review a building permit application for a
new single family home.
Chair BRINKMAN asked if the minor subdivision trumps the existing Westhaven
covenants. Ms. Mikulak replied covenants are private agreements which the City does not
enforce. The proposed plat includes only two lots because it is standard practice to
include only the area affected.
Commissioner GUJLDNER asked if there were any other known concerns about drainage
from existing development. Ms. Mikulak stated that she was not aware of any.
Chair BRINKMAN closed the public hearing.
Commissioner TIMMS stated he does not typically support flag lot designs; however
because the subject property meets all the zoning and subdivision requirements , he stated
Planning Commission Minutes
August 15 ,2013
-3 -
he would vote in favor of the request.
Commissioner MA TIHEWS agreed with Commissioner TIMMS and stated he would be
voting yes.
It was moved by Commissioner MATTHEWS and seconded by Commissioner
GUILDNER to recommend approval of Case No. MS-13-03, a request for approval
of a 2-lot minor subdivision plat on property zoned Residential One (R-1) located at
3785 Independence Street for the following reasons:
1. All agencies can provide services to the property with improvements installed
at the developer's expense.
2. All requirements of Article IV of the zoning and development code have been
met.
With the following conditions:
1. Fees in lieu of streetscape improvements be provided prior to recording the
plat.
2. Fees in lieu of parkland dedication be provided prior to recording the plat.
Motion approved 5-0.
Chair BRINKMAN stated this case will be beard by City Council on September 5th. +-----
8. OTHER ITEMS
A. Discussion Regarding Land Use Case Processing & Sustainability
In consideration of paper and cost savings for both the City and applicants, Ms. Mikulak
proposed II" X 17" size plats in agenda packets instead of full sized copies for Planning
Commission. She stated digital files could also be emailed to Commission members.
Commissioners expressed support for this change.
Chair BRINKMAN asked what is required to make this change. Ms. Mikulak stated this
is a procedural matter. She also stated that referrals will be changing from paper requests
to digital requests in the near future. She stated a new internal policy will be created for
this process.
There was also a brief discussion about the mailing requirements for neighborhood
meetings and public hearings. Ms. Mikulak stated the staff may pursue a code
amendment to include a consistent noticing requirement for neighborhood meetings and
public hearings. The noticing requirement for neighborhood meetings is a 600-foot
radius and the requirement for public hearings is 300-feet. Any change would require a
change in the municipal code and would require additional research before an amendment
is proposed.
Planning Commission Minutes
August 15 , 2013
-4 -
~~'~ .... " City or ~WheatRl__dge
ITEM NO:~
DATE: September 9, 2013
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 33-2013 A RESOLUTION
AUTHORIZING THE EXECUTION OF AN AGREEMENT
WITH A TASTE OF HOME COOKING, LLC AND WINE
NOT, LLC FOR PARTICIPATION IN THE ENHANCED
SALES TAX INCENTIVE PROGRAM REBATING 50°/o OF
THE ENHANCED SALES TAX FOR A PERIOD OF FIVE
YEARS FOR THE CONSTRUCTION OF A RESTAURANT
AND WINE BAR AT 4101 AND 4111 KIPLING STREET IN
AN AMOUNT NOT TO EXCEED $73,694
~ PUBLIC HEARING
D BIDS/MOTIONS
~ RESOLUTIONS
D ORDINANCES FOR 1 ST READING
0 ORDINANCES FOR 2N° READING
YES ~ NO
ISSUE:
A Taste of Home Cooking, LLC and Wine Not, LLC have made a request to participate in the
City 's Enhanced Sales Tax Incentive Program , (ESTIP), related to the redevelopment project at
4101 and 4111 Kipling Street for a new sit-down restaurant and wine bar. The request is for a
rebate of 50% of the future sales tax increment for a period of five years for an amount not to
exceed $73 ,694.
PRIOR ACTION:
At the August 26 , 2013 Special Study Session, City Council reviewed a request from A
Taste of Home Cooking, LLC and Wine Not, LLC for an ESTIP agreement wherein all
or a portion of the sales tax increment would be rebated back to the applicant. City
Council discussed the request and directed staff to draft an ESTIP agreement to rebate
V:\Forms\CAFtemp late
Council Action Form -E STIP for A Taste of Home Cooking
September 9 , 2 013
Page2
50% of future sales tax increment for a period of five years in an amount not to exceed
$73 ,694.
FINANCIAL IM PACT:
It is estimated the new restaurant and wine bar will generate as much as $40 ,000 in City sales tax
each year. This agreement will decrease future sales taxes to the City from A Taste of Home
Cooking and Wine Not by 50% of the total City sales taxes generated for a period of five years
for an amount not to exceed $73 ,694.
BACKG RO UN D:
Chapter 22 of the Wheat Ridge Code of Laws established the ESTIP Program. The primary
purpose of the ESTIP is to encourage the establislm1ent and /or substantial expansion of retail
sales tax generating businesses within the City. The ESTIP provides incentives through the
rebate of future sales tax increment.
In the past the Council has approved several ESTIP agreements with existing Wheat Ridge
businesses and non-profits as well as an existing business in a neighboring community looking
for an incentive to relocate to Wheat Ridge. Every project was unique but each was evaluated
for incentives against a set of criteria outlined in the Code of Laws.
The criteria for approval of an ESTIP agreement are as follows:
I. The amount of enhanced sales tax which can reasonably be anticipated to be derived by
the City through the expanded or new tax generating business ;
2. The public benefits which are provided by the applicant through public works, public
improvements , additional employment for City residents;
3. The amount of City expenditures which may be deferred by the City based upon public
improvements to be completed by the applicant ; and
4. The conformance of the applicant's property or project with the comprehensive plan and
zoning ordinances of the City.
This project will eliminate a blighted area along a busy stretch of roadway in Wheat Ridge and
provide a new public venue that creates new sales tax , employment for local residents , and avoid
leakage of sales to other communities. This redevelopment site was previously the home of Pauz
Inn , a restaurant that ceased operations in 2008 and Mercedes , a restaurant which closed after a
fire destroyed a large portion of the facility in 201 I.
The current structure on the site was about 40 years old and was in need of a major overhaul to
bring it up to current building code standards . Besides the decor improvements to the interior
and exterior of the structure, the building required vast improvements to its plumbing, electrical ,
and mechanical systems . The building is also laden with asbestos which was remediated in order
to allow for decor improvements.
The on-site parking Jot has been refurbished and will provide approximately 40 parking spaces
Council Action Form -E STIP for A Taste of Home Cooking
September 9 , 2013
Page 3
with the required accessible spaces. The two existing restrooms have been upgraded and brought
into compliance with accessibility regulations. In addition , ingress and egress accessibility issues
have been addressed.
Public or public-related improvements associated with this project include addressing
accessibility issues throughout the building, fa9ade enhancements , roofing repairs , fire doors ,
electrical , plumbing work , fire suppression system and parking lot improvements. Costs for these
public improvements are eligible for rebate under the ESTIP.
When completed , the approximately 10 ,000 square-foot restaurant and wine bar will seat in
excess of 150 customers. The restaurant will employ approximately 30 staff members and have
a sit-down component on the northern side and a take-out restaurant at the southern end. A Taste
of Home Cooking will have a full-service bar, and will be open seven days a week from 6 am to
9 pm on weekdays and until 10 pm on weekends.
RECOMMENDATIONS:
Staff recommends a 50% ESTIP for a period of five years or $73,694, whichever occurs first.
Because the site has not generated any sales tax over the previous 12 months , the base level of
calculation for sales tax will be zero and all subsequent sales tax will be considered as enhanced.
It is estimated the restaurant could produce as much as $40 ,000 in sales tax each year.
Staff recommends funding this project to the full requested amount for the following reasons:
1. The project meets the objectives of the Economic Development Strategic Plan which is to
add new business and jobs to the community while revitalizing under-utilized facilities;
and
2. The project could be a catalyst for the redevelopment of adjacent properties along the
Kipling corridor; and
3. The project site has been vacant for 2-years. This project will aide in eliminating blight
along the busy corridor; and
4 . The project will provide dining options for the area businesses and residents ; and
5. The project will bring in new sales tax revenues and employment.
RECOMMENDED MOTION:
"I move to approve Resolution No. 33-2013 , a resolution authorizing the execution of an
agreement with A Taste of Home Cooking LLC and Wine Not, LLC for participation in
the ESTIP , rebating 50% of the enhanced sales tax for a period of five years for the
construction of a restaurant and wine bar at 4101 and 4111 Kipling Street, in an amount
not to exceed $73 ,694 ."
Or,
Council Action Fonn-ESTIP for A Taste of Home Cooking
September 9, 2013
Page4
"I move to postpone indefinitely Resolution No. 33-2013, a resolution authorizing the
execution of an agreement with A Taste of Home Cooking LLC and Wine Not, LLC for
participation in the ESTIP for the following reason(s) "
REPORT PREPARED BY;
Steve Art, Economic Development Manager
Patrick Goff, City Manager
ATTACHMENTS:
1. Re so lution No. 33-2013
2. ESTIP Agreement
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 33
Series of 2013
TITLE: A RESOLUTION AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH A TASTE OF HOME COOKING, LLC AND
WINE NOT, LLC FOR PARTICIPATION IN THE ENHANCED
SALES TAX INCENTIVE PROGRAM REBATING 50% OF THE
ENHANCED SALES TAX FOR A PERIOD OF FIVE YEARS FOR
THE CONSTRUCTION OF A RESTAURANT AND WINE BAR AT
4101 AND 4111 KIPLING STREET IN AN AMOUNT NOT TO
EXCEED $73,694
WHEREAS, the City has adopted as a portion of the Wheat Ridge Code of Laws
("Code") Chapter 22 , Division 4, "Enhanced Sales Tax Incentive Program" (the
Program) to encourage, in part, continued development and expansion of opportunities
for employment in the private sector in the City; and
WHEREAS, A Taste of Home Cooking, LLC and Wine Not, LLC (A Taste of
Home Cooking) has applied to participate in the Program and a public hearing was
posted and conducted; and
WHEREAS , A Taste of Home Cooking is the owner and operator of a
development site that will serve residents of Wheat Ridge and surrounding
communities;
WHEREAS, Owner plans to construct public improvements of approximately
$7 4 ,000 and a total project budget of approximately $600,000 ; and
WHEREAS, the project enhances services to the neighborhood and neighboring
communities and brings revenue to the City from surrounding communities -a true
definition of economic development; and
WHEREAS; the project creates up to thirty restaurant and related jobs, and
WHEREAS; the project spurs reinvestment through remodeling and new
construction of a blighted structure, thus enhancing and preserving its economic viability
in the City; and
WHEREAS, cost-sharing at the rate prescribed herein will serve to aid the Owner
in that it will alleviate a portion of the public improvement costs associated with the
expansion.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat
Ridge, Colorado, as follows:
Attachment 1
An Agreement to participate in the City of Wheat Ridge Enhanced Sales Tax
Incentive Program with A Taste of Home Cooking, LLC and Wine Not , LLC is
hereby approved wherein an amount of 50% of enhanced sales tax generated for
a period of five years, not-to-exceed $73,694, will be rebated to A Taste of Home
Cooking, LLC/Wine Not, LLC .
DONE AND RESOLVED this gth day of September, 2013.
Jerry DiTullio, Mayor
ATTEST:
Janelle Shaver, City Clerk
AGREEMENT PURSUANT TO ENHANCED SALES TAX INCENTIVE PROGRAM
This Agreement Pursuant To Enhanced Sales Tax Incentive Program (this
"Agreement") is made and entered into as of the 91h day of September, 2013 , by and
between A TASTE OF HOME COOKING LLC and WINE NOT , LLC , located at 4101
and 4111 Kipling Street, Wheat Ridge, CO 80033 , hereinafter referred to as the "Owner"
and the CITY OF WHEAT RIDGE, COLORADO , hereinafter referred to as the "City,"
collectively the "Parties ," and each individually, as a "Party."
RECITALS:
Whereas , the City has adopted Chapter 22 , Article 69 -84 of the Wheat Ridge
Code of Laws , entitled the Enhanced Sales Tax Incentive Program (the "ESTIP
Program"), a copy of which is attached hereto as Exhibit A, to encourage, in part , the
establishment of retail sales tax generating businesses within the City; and
Whereas , the Owner desires to participate in the ESTIP Program and to share in
the enhanced sales tax derived from the property described as a Restaurant , generally
located at 4101 and 4111 Kipling Street in Wheat Ridge , Colorado and more particularly
described in Exhibit B, attached hereto and incorporated by this reference (the
"Property''), for the installation of Public Improvements described in Exhibit C , attached
hereto and incorporated by this reference (the "Public Improvements") to the extent
allowed by this Agreement and the ESTIP Program.
Whereas , the owners have formed two separate limited liability corporations for
operations of the food service and the alcohol licensing both of which are owned and
operated by the same ownership group.
NOW , THEREFORE , in consideration of the foregoing premises and the
covenants , promises, and agreements of each of the Parties hereto , to be kept and
preformed by each of them , the Parties agree as follows:
1. Recitals. The Recitals set forth above are incorporated in this Agreement
by reference.
2. Term. The term of this Agreement shall commence on the first day of the
calendar month following the month in which the Owner receives their Certificate of
Occupancy on the Property and shall terminate in five (5) years , unless otherwise
provided in this Agreement (the "Term"). The Term of this Agreement shall
automatically renew for each additional one-year period to the extent required by Section
4( d) hereof.
3. Application of City Code. This Agreement is subject to the limitations of
the ESTIP Program , as found in the City of Wheat Ridge Code of Laws. In the event of
conflicts between this Agreement and the ESTIP Program , the ESTIP Program shall
control.
Attachment 2
4. Qualification of Property for the ESTIP Program. The City agrees that
the Property qualifies for the ESTIP Program and the Public Improvements are
improvements for public and/or public related purposes that will stimulate the economy
of and within the City, provide employment opportunities for residents of this City and
others , expand the goods available for purchase and consumption by residents of the City,
and increase sales taxes collected by the City. The City finds the business is reasonably
likely to generate enhanced sales taxes of at least Two Hundred Thousand Dollars
($200 ,000) over the full term of this Agreement. The following provisions shall apply for
each year in which the ESTIP Program is in effect for the Property:
a. FIFTY percent (50%) of the "Enhanced Sales Taxes" collected by the City and
derived from the Property shall be segregated by the City to be utilized for the
ESTIP Program herein established and approved (the "Allocated Revenues"). For
purposes of this Agreement "Enhanced Sales Taxes" shall have the meaning set
forth in the ESTIP Program at Section 22-75 of the Wheat Ridge Code of Laws .
The total amount of "Enhanced Sales Tax" that shall be rebated for the term of
this Agreement shall not exceed to total cost of public improvements ($73 ,694) as
detailed in Exhibit C .
b . The amount of Enhanced Sales Taxes shall be calculated as follows: the actual
amount of sales taxes collected on the Property during the period for 12-months
preceding the issuance of a certificate of occupancy by the City of Wheat Ridge
(the "base amount"). The excess of collections in each such year above the base
amount shall be the Enhanced Sales Taxes for that year.
c. The Owner shall share in the Enhanced Sales Taxes derived from the Property
and the business located thereon as provided herein.
d. Enhanced Sales Taxes from the Property shall be shared and the Allocated
Revenues shall be disbursed to the Owner on an rumual basis with sales taxes
collected on and after the Commencement Date. The maximum period of time
that this Agreement shall be in effect shall be for FIVE (5) years , commencing on
the Commencement Date.
The Term will be automatically extended for one year for up to FOUR (4)
additional one (1) year periods.
e. This Agreement is a personal agreement between the City and the Owner and
does not run with the Owner's property interest in the land . The obligations,
benefits and/or the provisions of this Agreement may not be assigned in whole or
in part without the express authorization of the City Council , acting in its sole and
exclusive discretion and no third party shall be entitled to rely upon or enforce
any provisions hereon. Notwithstanding the foregoing , Owner may assign its
interests in this Agreement to an affiliate or to a successor by consolidation. For
the purposes of this Paragraph , an affiliate means an entity which controls , is
controlled by, or is under common control with the Owner. This Agreement shall
2
never constitute a debt or obligation of the City within any constitutional or
statutory provision .
f. Any Enhanced Sales Taxes subject to the Agreement shall be escrowed in the
event there is a legal challenge to the ESTIP Program or to the approval of this
Agreement.
g. At the end of the Term of this Agreement as provided for herein , any monies
segregated by the City which have not been expended as hereunder provided may
be transferred to another account of the City or used in a manner determined by
the City in its sole discretion, excluding any amounts escrowed under Paragraph
4.fabove.
h. The Owner shall be deemed the "owner or proprietor" of the Property for the
purposes of this Agreement and the ESTIP Program , whether or not the Owner
owns all or any portion of the Property at any relevant time , since the Owner is
coordinating the installation of the Public Improvements.
5. City's Budget Process. Each year, the City Manager shall include in a
budget presented to the City Council pursuant to Chapter X, Sec . 10 .2 of the Wheat
Ridge Home Rule City Charter, the appropriation of the Allocated Revenues for payment
to the Owner as provided in this Agreement. Nothing in this Agreement shall be
construed as obligating the City Council to appropriate the Allocated Revenues in any
fiscal year.
6. No Debt or Pecuniary Liabilitv. Notwithstanding anything in the
Agreement to the contrary, the Agreement is specifically subject to annual appropriation
of sufficient funds to pay the Allocated Revenue as provided in the ESTIP Program . No
multiple year fiscal obligation is created hereby. The decision of the City Council not to
appropriate funds in any given year shall not affect , impair or invalidate any of the
remaining provisions of this Agreement. None of the obligations of the City hereunder
shall be payable from any source other than Enhanced Sales Taxes .
7. Subordination. Notwithstanding anything in this Agreement to the
contrary, the Owner shall have no right , claim , lien , or priority, in or to the City's sales
tax revenue that would be superior to or on parity with the rights , claims , or liens of the
holders of any sales tax revenue that would be bonds, notes , certificates , or debentures
payable from or secured by any sales taxes, outstanding as of the Effective Date of this
Agreement. All rights of the Owner are , and at all time shall be , subordinate and inferior
to the rights , claims and liens of the holders of any and all such sales tax revenue bonds ,
notes , certificates, or debentures , issued by the City and payable from or secured by any
sales taxes.
8. No Covenant to Construct or to Open. The intent of this Agreement is
to provide for Owner's participation in the ESTIP Program , in the event that Owner
constructs the Public Impro vements. Notwithstanding any provision in this Agreement to
the contrary, Owner shall have no obligation under this Agreement to construct the Public
3
Improvements , and in that event, the City shall have no obligation to share any of the
Enhanced Sales taxes with Owner.
9. Remedies. The Owner waives any constitutional claims against the City
arising out of a breach of this Agreement. The Owner's remedies against the City under
this Agreement are limited to breach of contract claims . In no event shall the Owner be
entitled to a claim , nor shall the City be liable for , any special , exemplary, punitive or
consequential damages of any kind , including economic damages or lost profits .
10. Severability. lt is understood and agreed by the Parties that if any part,
term or provision of this Agreement is held by the courts to be illegal or in conflict with
any law of the State of Colorado , the validity of the remaining portions or provisions
shall not b e affected , the rights and obligations of the Parties shall be construed and
enforced as if the Agreement did not contain the particular part , term or provision held to
be invalid , and the Parties shall cooperate to cure any legal defects in the Agreement or
the ESTIP . Should the allocation of the Enhanced Sales Tax , or the payment of the
Allocated Rev enues be judicially adjudged illegal , invalid or unenforceable under the
present or future laws effective during the Term of this Agreement by a court of
competent jurisdiction in a final , non-appealable judgment, the Parties shall utilize their
best, good faith efforts to restructure this Agreement or enter into a new agreement
consistent with the purposes of thi s Agreement. Should the Parties be unsuccessful in
their efforts , the Agreement shall terminate without penalty or recourse to the City.
11. Governing Law. The laws of the State of Colorado shall govern the
validity, performance and enforcement of this Agreement. Should either Party institute
legal suit or action for enforcement of any obligation contained herein, it is agreed that
venue of such suit or action shall be proper and exclusive in the district court for
Jefferson County, Colorado.
12. Notices. All notices required or permitted under this Agreement shall be
in writing and shall be hand delivered or sent by certified mail , return receipt requested ,
postage prepaid , to be addressed to the Parties set forth below. All notices so given shall
be considered effecti ve upon the earlier of the actual receipt or seventy-two (72) hours
after deposit in the United States Mail with the proper address. Either Party by notice so
given may change the address to which future notices shall be sent:
Notice to the City:
Copy to:
City Manager
City of Wheat Ridge
7500 W . 29th Avenue
Wheat Ridge, CO 80033
City Attorney
City of Wheat Ridge
7500 W. 29th Avenue
Wheat Ridge, CO 80033
4
Notice to the Owner: Taste of Home Cooking, LLC and Wine Not , LLC
3280 Yarrow Court
Wheat Ridge , CO 80033
13. Entire Agreement-Amendments. This Agreement embodies the whole
agreement of the Parties. There are no promises, terms , conditions , or obligations other
than those contained herein and this Agreement shall supersede all previous
communications , representations or agreements , either verbal or written , between the
Parties hereto. This Agreement may be amended only by written agreement between the
Owner and the City acting pursuant to City Council authorization.
14. Effective Date. This Agreement shall be effective and binding upon the
Parties upon the date first set forth above. Notwithstanding any provision of this
Agreement which may be interpreted to the contrary, in the event that Owner does not
acquire title to the Property and construct and make improvements to the Property on or
before October 1, 2013 , then upon notice by the Owner to the City, this Agreement shall
tenninate and both Parties shall be relieved of all liability hereunder.
IN WITNESS WHEREOF , Owner and City have each caused this Agreement to be
executed by the authorized Parties.
State of Colorado
County of ____ _
)
) ss.
)
OWNER
A Taste of Home Cooking
Owner
The foregoing Agreement was acknowledged before me this _ day of ______ ,
20 _, by as [title] of
-----------------'Inc.
WITNESS MY HAND AND OFFICAL SEAL.
My Commission expires: _______ _
Notary Public
CITY OF WHEAT RIDGE
By: __________________ __
Name: Jerry DiTullio
Title: Mayor
5
AITEST:
Name: Janelle Shaver
Title: City Clerk
State of Colorado )
) ss.
County of Jefferson )
The foregoing Agreement was acknowledged before me this day of -----
20 _, by Jerry DiTullio as Mayor and Janelle Shaver as City Clerk , respectively , of the
City of Wheat Ridge , Colorado.
WITNESS MY HAND AND OFFICAL SEAL.
My Commission expires: --------
Notary Public
6
EXHIBIT A
Ordinance 2001-08
The Enhanced Sales Tax Incentive Program
(The "ESTIP Program")
Sec. 22-73. -Program established.
There is hereby established within the city an enhanced sales tax incentive
program .
(Ord. No. 1988-758 .. <' 1(24-1). 5-23-88; Ord. No. 1272. ·'' 1, 12-9-02)
Sec. 22-7 4. -Purpose.
The purpose of the enhanced sales tax incentive program created by this division
is to encourage the establishment and/or substantial expansion of retail sales tax
generating businesses within the city, thereby stimulating the economy of and within the
city, thereby providing employment for residents of the city and others , thereby further
expanding the goods available for purchase and consumption by residents of the city, and
further increasing the sales taxes collected by the city, which increased sales tax
collections will enable the city to provide expanded and improved municipal services to
and for the benefit of the residents of the city, while at the same time providing public or
public-related improvements at no cost, or at deferred cost, to the city and its taxpayers
and residents .
(Ord. No. 1988-758 .. {' 1(24-2), 5-23-88; Ord. No. 1272, §I . 12-9-02)
Sec. 22-75. -Definitions.
The following words, terms and phrases , when used in this division, shall have
the meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Enhanced sales tax shall mean the amount of sales tax collected by the city over
and above a base amount negotiated by, and agreed upon by, the applicant and the city,
and which amount is approved by the city council , which base amount shall never be
lower than the amount of sales taxes collected by the city at the property in question in
the previous twelve (12) months plus a reasonable and agreed upon percentage of
anticipated increase in sales taxes , or, in the case of a newly established business, an
amount which represents the good faith determination by the applicant and the city as to
the amount of sales taxes which could be generated from the new business without the
participation by applicant in the ESTIP created under this division .
ESTIP means the enhanced sales tax incentive program created under this
division.
7
Owne r or proprie tor shall mean the record owner or operator of an individual
business , or, in the case of a shopping center, the owner of the real property upon which
more than one (1) business is operated, provided that the owner (whether an individual ,
corporation , partnership or other entity) is the owner or less or of the individual
businesses operated thereon.
(0rd. No 1988-758 .. ~· 1(24-3). 5-23-X8: Ord. ,ll,'o. 1272. _,,. 1. 11-9-02)
Sec. 22 -76. -Participation.
Participation in ESTIP shall be based upon approval by the city council
exercising its legislative discretion in good faith. Any owner or proprietor of a newly
established or proposed retail sales tax generating business or location, or the owner or
proprietor of an existing retail sales tax generating business or location which wishes to
expand substantially, may apply to the city for inclusion within the ESTIP provided that
the new or expanded business is reasonably likely to generate enhanced sales taxes of at
least fi ve thousand dollars ($5 ,000.00) in the first year of operation .
rOn/. No. 1988-758. _,,· 1 (24-4). 5-23-8b: On/. No . 1990-854. ,,,· 1. 11-26-90: On/. No
1272. ·''' 1, 12-9-02)
Sec. 22 -77.-Approval of agreement; use offunds generally.
Approval by the city council of an agreement implementing this E STIP shall
entitle the successful applicant to share in enhanced sales taxes derived from applicant's
property or business in an amount which shall not in any event exceed the enhanced sales
taxes; provided , however, that applicant may use such amounts only for public and/or
public-related purposes such as those specified herein and which are expressly approved
by the city council at the time of consideration of the application. The time period in
which the enhanced sales taxes may be shared shall not commence until all public or
public-related improvements are completed, and shall be limited by the city council , in its
discretion, to a specified time, or until a specified amount is reached .
(Onl.l\'o. /988-758, .~· /(24-5). 5-23-811: Ord ,1\,'o. 2002-1240. § 1. I-2H-02: Onl.l\'o
12 72. ,,,. I. 12-9-02)
Sec. 22-78. -Uses enumerated.
The uses to which the shared enhanced sales taxes may be put by an applicant
shall be strictly linuted to those which are public or public-related in nature. For the
purposes of this division, public or public-related purposes shall mean public
improvements , including but not limited to streets , sidewalks, curbs , gutters , pedestrian
malls, street lights , drainage facilities , landscaping, decorative structures , statuaries ,
fountains , identification signs , traffic safety devices , bicycle paths , off-street parking
facilities , benches , restrooms , information booths , public meeting facilities , and all
necessary, incidental , and appurtenant structures and improvements , together with the
8
relocation and improvement of existing utility lines , and any other improvements of a
similar nature which are specifically approved by the city council upon the city council's
finding that said improvement are public or public-related improvements, and that such
improvements shall enhance the competitive position of the applicant within the Denver
metropolitan area marketplace.
(Ord. No . 1988-758. § 1(24-6). 5-23-88; Ord. No. 1272, _,,. 1. 12-9-02)
Sec. 22-79. -Increments, sharing of funds.
The base figure for sales taxes shall be divided into twelve (12) monthly
increments , which increments are subject to agreement between the parties, and approval
by the city council , and which increments shall be reasonably related to the average
monthly performance of the business or property in question, or similar businesses in the
area (i .e . adjust for seasonal variations). If in any month the agreed upon figure is not met
by applicant so as to create enhanced sales tax for that month, no funds shall be shared
with applicant for that month , and no increment shall be shared until that deficit , and any
other cumulative deficit, has been met , so that at the end of any twelve-month cycle,
funds in excess of those enhanced sales taxes agreed to be shared shall not have been
shared with any applicant.
(Ord . No. 1988-758, § 1(24-7), 5-23-88; On/. No. 1272, .'' 1, 12-9-02)
Sec. 22-80. -Revenues restricted.
It is an overriding consideration and determination of the city council that
existing sources of city sales tax revenues shall not be used, impaired , or otherwise
affected by this enhanced sales tax incentive program. Therefore, it is hereby
conclusively determined that only enhanced sales taxes generated by the properties
described in an application shall be subject to division under this ESTIP . It shall be the
affim1ative duty of the treasurer to collect and hold all such enhanced sales taxes in a
separate account apart from the sales taxes generated by and collected from the other
sales tax generating uses and businesses within the city and to provide an accounting
system which accomplishes the overriding purpose of this section . It is conclusively
stated by the city council that this division would not be adopted or implemented but for
the provisions of this section .
(Ord. No. 1988-758, § 1(24-8), 5-23-88; Ord. No. 1272, § 1, 12-9-02)
Sec. 22-81.-Capital improvement fund.
The one (I) percent of sales and use taxes earmarked for the capital improvement
fund may be utilized in this ESTIP for public improvements so long as the same are
within the meaning of the phrase capital improvements as defined in the voter appro ved
sales tax referendum previously held within the city, and provided that the same are
found and determined by the city council to be capital improvements which could be
9
provided by the city from the capital improvement fund but for the provision of such
improvements by the applicant; provided , however, that such use of capital improvement
funds as part of this ESTIP shall be limited to the amount agreed pursuant to section 22-
83 hereof; provided further, however, that nothing contained herein shall limit the city
council in the detennination to appropriate additional capital improvement funds for
capital improvements affecting the property in question as a part of the city's regular
appropriation and budget process.
(On!. No 1988-758. ·'' /(24-9), 5-23-88: Ord. No 1272. ,,,· 1. /2-9-02)
Sec. 22-82. -Criteria for approval of application.
Approval of an application for inclusion in this ESTIP shall be given by the city
council , at a public hearing held as a portion of a regularly scheduled city council
meeting, based upon the following criteria :
(I)
(2)
(3)
(4)
(5)
(6)
The amount of enhanced sales taxes which are reasonably to be
anticipated to be derived by the city through the expanded or new retail
sales tax generating business ;
The public benefits which are provided by the applicant through public
works, public improvements , additional employment for city residents ,
etc;
The amount of expenditures which may be deferred by the city based
upon public improvements to be completed by the applicant;
The confonnance of the applicant's property or project with the
comprehensive plan and zoning ordinances of the city ;
The agreement required by section 22-83 having been reached , which
agreement shall contain and conform to all requirements of section 22-83
Approval shall be by motion adopted by a majority of the entire city
council.
(Ore/. No. 1988-751-l. 5 /(24-10). 5-23-88: Ord. No. 1272. ,$I. 12-9-02)
Sec. 22 -83. -Agreement required.
Each application for approval submitted to the city council shall be subject to
approval by the council solely on its own merits. Approval of an application shall require
10
that an agreement be executed by the owner and the city, which agreement shall , at a
minimum, contain:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
A list of those public or public-related improvements which justify
applicant's approval , and the amount which shall be spent on such
improvements;
The maximum amount of enhanced sales taxes to be shared, and the
maximum time during which the agreement shall continue, it being
expressly understood that any such agreement shall expire and be of no
further force and effect upon the occurrence of the earlier to be reached
of the maximum time of the agreement (whether or not the maximum
amount to be shared has been reached) or the maximum amount to be
shared (whether or not the maximum time set forth has expired);
A statement that this is a personal agreement which is not transferable
and which does not run with the land;
That this agreement shall never constitute a debt or obligation of the city
within any constitutional or statutory provision ;
The base amount which is agreed upon by month, and the fact that if, in
any month as specified , sales taxes received from the property do not at
least equal such amount , that there shall be no sharing of funds for such
month;
The base amount shall be agreed upon which shall consider the historic
level of sales at the property in question, or a similar property within the
area in the event of a new business, and a reasonable allowance for
increased sales due to the improvements and upgrades completed as a
result of inclusion within this program;
A provision that any enhanced sales taxes subject to sharing shall be
escrowed in the event there is a legal challenge to this enhanced sales tax
incentive program or the approval of any application therefor;
An affirmative statement that the obligations , benefits , and/or provisions
of this agreement may not be assigned in whole or in any part without the
II
(9)
expressed authorization of the city council , and further that no third party
shall be entitled to rely upon or enforce any provision hereof;
Any other provisions agreed upon by the parties and approved by the city
council.
(On/. No. 1988-758, 5 104-11). 5-23-88; On/. No. 1272. ·''I. 12-9-02)
Sec. 22-84. -Joint venture; liability.
The city council has enacted this ESTIP as a joint benefit to the public at large
and to private owners for the purposes of providing the city with increased sales tax
revenues generated upon and by properties improved as a result of this program; public
improvements being completed by private owners through no debt obligation being
incurred on the part of the city, and allowing applicants an opportunity to improve
properties which generate sales activities , which improvements make those properties
more competitive in the marketplace and further provide to the applicant additional
contingent sources of revenues for upgrading such properties. The city council
specifically finds and detennines that creation of this ESTIP is consistent with the city's
powers as a home rule municipal corporation, and that exercise of such powers in the
manner set forth herein is in furtherance of the public health, safety and welfare .
Notwithstanding any provision hereof, the city shall never be a joint venture in any
private entity or activity which participates in this ESTIP , and the city shall never be
liable or responsible for any debt or obligation of any participant in ESTIP.
(Ord. No. 1988-758. § 1(24-12). 5-23-88: On/. !1/o. 1272, _,,·I, 12-9-02)
12
EXHIBITB
Legal Description of the Property
5 . Tllf' Land rrfrrnd to io this Commitment is described as follows :
LOT I. GREEN VAllEY SUBDIVISION ,
EXCEPT DIAT PARCEL CONVEYED TO THE DEPARtMENT OF IDGIDVAYS IN DEEP RECORDED
NOVEMBER 10. 1969 IN BOOK 2144 AT PAGE 166.
COUNTY OF ,JEFFERSON, STATE OF COLORADO .
13
EXHIBIT C
Qualifying Public Improvement Costs
Public improvements totally $73,694 include:
• Interior remodel for safety improvements in the facility to include:
o Fire suppression improvements-$9 ,148
o Ingress and egress modifications-$4 ,654
o Fire coded doors-$1 ,400
o Electrical Modifications per Code -$2 ,142
o Accessible restroom facilities /Plumbing-$25 ,339
o Accessibility ramps-$1 ,700
• Exterior Improvements for improved public access include:
o Roof repairs-$5 ,974
o New Paint and wall repajrs-$8 ,337
o Parking lot improvements to increase public parking opportunities -
$15 ,000
14
~ ~ . ~
.. , r City of •
JP'WheatR.i___dge
ITEM NO:~
DATE: September 9 , 2013
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 35-2013-A RESOLUTION AUTHORIZING
THE EXECUTION OF AN AGREEMENT WITH MUSEL
MASSTER (THE GREEN HERB) FOR PARTICIPATION IN
THE ENHANCED SALES TAX INCENTIVE PROGRAM
(ESTIP) REBATING 50°/o OF THE ENHANCED SALES TAX
FOR A PERIOD OF THREE YEARS FOR CONSTRUCTION OF
A NEW BUILDING AT 4565 KIPLING STREET
~ PUBLIC HEARING
D BIDS/MOTIONS
~ RESOLUTIONS
D ORDINANCES FOR 1ST READING
0 ORDINANCES FOR 2N° READING
QUASI-JUDICJJn#_IAL: D YES
_Qfku__:_______
~ NO
City Manager
ISSUE:
Musel Masster (The Green Herb) has made an application and request to participate in the City 's
Enhanced Sales Tax Incentive Program (ESTIP), related to the construction of a new building to
house the corporate headquarters for The Green Herb at 4565 Kipling Street. The request is for
the rebate of 50% of the future sales tax increment for a period of three years for an estimated
amount of $7 ,500.
PRIOR ACTION:
At the August 26 , 2013 , Study Session , City Council reviewed a request from The Green Herb
for an ESTIP agreement wherein all or a portion of the sales tax increment would be rebated
back to The Green Herb. City Council discussed the request and directed staff to draft an ESTIP
agreement to rebate 50% of future sales tax increment for a period of three years.
FINANCIAL IMPACT:
This agreement will decrease future sales taxes from The Green Herb project by 50 % of the total
City sales taxes generated for a period of three years for an estimated total of$7,500 .
Council Action Form
September 9 , 2013
Page2
BACKGROUND:
Chapter 22 of the Wheat Ridge Code of Laws established the ESTIP program. The primary
purpose of the ESTIP is to encourage the establishment and/or substantial expansion of retail
sales tax generating businesses within the City. The ESTIP provides incentives through the
rebate of future sales tax increment.
In the past the Council has approved several ESTIP agreements with existing Wheat Ridge
businesses , non-profits , and businesses looking for an incentive to relocate to Wheat Ridge.
Every project was unique but each was evaluated for incentives against a set of criteria outlined
in the Code of Laws.
The criteria for approval of an ESTIP agreement are as follows:
1. The amount of enhanced sales tax which can reasonably be anticipated to be derived by
the city through the expanded or new tax generating business ;
2. The public benefits which are provided by the applicant through public works, public
improvements , additional employment for city residents;
3. The amount of city expenditures which may be deferred by the city based upon public
improvements to be completed by the applicant;
4 . The conformance of the applicant's property or project with the comprehensive plan and
zoning ordinances of the city.
The Green Herb's owners have been looking to purchase property in Wheat Ridge to construct a
permanent site for their business , a retailer and wholesaler of nutritional supplements . They
currently lease space on the I-70 Frontage Road North. In 2011, they located a potential parcel
along the south side of I-70 frontage in which to construct a new facility , but due to some site
constraints they abandoned those plans and began looking for another alternative. In 2012 they
located another lot at 4565 Kipling Street for their new office, retail and production facility.
The Green Herb worked with staffofCommunity Development and Public Works on site
improvements for this odd shaped lot which has a 1 00-foot wide frontage on Kipling Street and
parcel depth of approximately 450-feet. This site configuration has previously made it difficult
to develop . At the same time , The Green Herb emailed staff requesting inclusion into the ESTIP
and BDZ programs.
The parcel had previously been considered for mini-storage which came under heavy protest
from the adjoining residential neighbors and was denied by Planning Commission. Since that
time, the site has garnered no interest from other developers due to the minimum frontage on
Kipling.
In late 2012 the site was purchased by The Green Herb and in February 2013 a building permit
was issued for construction of a new building. Staffworked with The Green Herb's architect
team for a building that met the requirements of all city codes . The Green Herb is in
construction of an 8 ,242 square foot building on the site that meets the requirements of the City's
Council Action Fonn
September 9 , 2013
Page 3
architectural and streetscape design manuals. Upon completion , The Green Herb will transfer
their entire existing facility to the new site and anticipates hiring an additional 4-6 new
employees , bringing their total to approximately 20.
The new construction has a valuation of$750,000 which will increase the property tax valuation
and revenue to the city through additional property taxes. Total building use tax and pennit fees
paid on the Project were $27,171 through a building permit issued on February 22 ,2013 .
Incremental sales tax is estimated at $5 ,000 in year one of operation and increasing yearly.
RECOMMENDATIONS:
Staff recommends a 50 % ESTIP for a period of 3-years with no cap on the amount of
incremental sales tax that can be rebated back to The Green Herb. The estimated incremental
sales tax rebate over the 3-year period is $7 ,500.
Staff recommends funding this Project for the following reasons:
1. The Project meets the objectives of the City's economic development goals by providing
new development and jobs in the City of Wheat Ridge ; and
2. The Project could be a catalyst for the redevelopment of adjacent properties along the
Kipling corridor; and
3 . The Project site has been difficult to develop due to the odd site layout and configuration ;
and
4 . The Project will generate enhanced sales and use tax revenues and increased
employment.
RECOMMENDED MOTION:
"I move to approve Resolution No. 35-2013 , a resolution authorizing the execution of an
agreement with Muse] Masster for participation in the Enhanced Sales Tax Incentive Program
rebating 50 % of the enhanced sales tax for a period of three years for the construction of a new
building at 4565 Kipling Street in an amount estimated at $7 ,500."
Or,
"I move to postpone indefinitely the adoption of Resolution No 35-2013 a resolution authorizing
the execution of an agreement with Muse] Masster for participation in the Enhanced Sales Tax
Incentive Program for the following reason(s) "
REPORT PREPARED/REVIEWED BY:
Steve Art, Economic Development/ Urban Renewal Manager
Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution No. 35-2013
2 . ESTIP Agreement
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 35
Series of 2013
TITLE: A RESOLUTION AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH MUSEL MASSTER (THE GREEN HERB)
FOR PARTICIPATION IN THE ENHANCED SALES TAX
INCENTIVE PROGRAM (ESTIP) REBATING 50% OF THE
ENHANCED SALES TAX FOR A PERIOD OF THREE YEARS
FOR THE CONSTRUCTION OF A NEW BUILDING AT 4565
KIPLING STREET
WHEREAS, the City has adopted as a portion of the Wheat Ridge Code of Laws
("Code") Chapter 22, Division 4, "Enhanced Sales Tax Incentive Program" (the
Program) to encourage, in part, continued development and expansion of opportunities
for employment in the private sector in the City; and
WHEREAS, Musel Masster (The Green Herb) has applied to participate in the
Program and a public hearing was posted and conducted; and
WHEREAS, The Green Herb is the owner and operator of a development site
that will serve residents of Wheat Ridge and surrounding communities;
WHEREAS, Owner plans to construct public improvements of approximately
$158,567 and a total project budget of approximately $750,000; and
WHEREAS, the project enhances services to the neighborhood and neighboring
communities and brings revenue to the City from surrounding communities-a true
definition of economic development; and
WHEREAS; the project creates up to 6 new jobs and a total employee base over
20,and
WHEREAS; the project spurs reinvestment through remodeling and new
construction of a blighted structure, thus enhancing and preserving its economic viability
in the City; and
WHEREAS, cost-sharing at the rate prescribed herein will serve to aid the Owner
in that it will alleviate a portion of the public improvement costs associated with the
expansion.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat
Ridge, Colorado, as follows:
An Agreement to participate in the City of Wheat Ridge Enhanced Sales Tax
Incentive Program with Musel Masster is hereby approved wherein an amount of
Attachment 1
50% of enhanced sales tax generated for a period of three years, i n an amount
estimated at $7 ,500 , will be rebated to Musel Masster.
DONE AND RESOLVED th is g th day of September, 2013 .
Jerry DiTullio , Mayor
ATTEST :
Janelle Shaver, City Clerk
AGREEMENT PURSUANT TO ENHANCED SALES TAX INCENTIVE PROGRAM
This Agreement Pursuant To Enhanced Sales Tax Incentive Program (this
"Agreement") is made and entered into as of the gth day of September, 2013 , by and
between MUSEL MASSTER, LLC located at 4565 Kipling Street, Wheat Ridge, CO
80033 , hereinafter referred to as the "Owner" and the CITY OF WHEAT RIDGE ,
COLORADO , hereinafter referred to as the "City," collectively the "Parties ," and each
individually, as a "Party."
RECITALS:
Whereas , the City has adopted Chapter 22 , Article 69 -84 of the Wheat Ridge
Code of Laws , entitled the Enhanced Sales Tax Incentive Program (the "ESTIP
Program "), a copy of which is attached hereto as Exhibit A, to encourage, in part, the
establishment of retail sales tax generating businesses within the City; and
Whereas , the Owner desires to participate in the ESTIP Program and to share in
the enhanced sales tax deri ved from the property, generally located at 4565 Kipling Street
in Wheat Ridge , Colorado and more particularly described in Exhibit B , attached hereto
and incorporated by this reference (the "Property"), for the installation of Public
Improvements described in Exhibit C , attached hereto and incorporated by this reference
(the "Public Improvements ") to the extent allowed by this Agreement and the ESTIP
Program.
NOW , THEREFORE , in consideration of the foregoing premises and the
covenants , promises , and agreements of each of the Parties hereto , to be kept and
preformed by each of them , the Parties agree as follows:
1. Recitals. The Recitals set forth above are incorporated in this Agreement
by reference .
2. Term. The term of this Agreement shall commence on the first day of the
calendar month following the month in which the Owner receives their Certificate of
Occupancy on the Property and shall terminate in three (3) years , unless otherwise
provided in this Agreement (the "Term"). The Term of this Agreement shall
automatically renew for each additional one year period to the extent required by Section
4( d) hereof.
3. Application of City Code. This Agreement is subject to the limitations of
the ESTIP Program , as found in the City of Wheat Ridge Code of Laws . In the event of
conflicts between tllis Agreement and the ESTIP Program , the ESTIP Program shall
control.
4. Qualification of Property for the ESTIP Program. The City agrees that
the Property qualifies for the ESTIP Program and the Public Improvements are
improvements for public and/or public related purposes that will stimulate the economy
of and within the City, provide employment opportunities for residents of this City and
Attachment 2
others, expand the goods available for purchase and consumption by residents of the City,
and increase sales taxes collected by the City. The City finds the business is reasonably
likely to generate enhanced sales taxes of at least Fifteen Thousand Dollars ($15,000)
over the full term of this Agreement. The following provisions shall apply for each year
in which the ESTIP Program is in effect for the Property:
a. FIFTY percent (50%) of the "Enhanced Sales Taxes" collected by the City and
derived from the Property shall be segregated by the City to be utilized for the
ESTIP Program herein established and approved (the "Allocated Revenues"). For
purposes of this Agreement "Enhanced Sales Taxes" shall have the meaning set
forth in the ESTIP Program at Section 22-75 ofthe Wheat Ridge Code ofLaws.
b. The amount of Enhanced Sales Taxes shall be calculated as follows: the actual
amount of sales taxes collected on the Property during the period for 12-months
proceeding the issuance of a certificate of occupancy by the City of Wheat Ridge
(the "base amount"). The excess of collections in each such year above the base
amount shall be the Enhanced Sales Taxes for that year.
c. The Owner shall share in the Enhanced Sales Taxes derived from the Property
and the business located thereon as provided herein.
d. Enhanced Sales Taxes from the Property shall be shared and the Allocated
Revenues shall be disbursed to the Owner on an annual basis with sales taxes
collected on and after the Commencement Date. The maximum period of time
that this Agreement shall be in effect shall be THREE (3) years, commencing on
the Commencement Date. The Term will be automatically extended for one year
for up to TWO (2) additional one (1) year periods.
e. This Agreement is a personal agreement between the City and the Owner and
does not run with the Owner's property interest in the land. The obligations,
benefits and/or the provisions of this Agreement may not be assigned in whole or
in part without the express authorization of the City Council, acting in its sole and
exclusive discretion and no third party shall be entitled to rely upon or enforce
any provisions hereon. Notwithstanding the foregoing, Owner may assign its
interests in this Agreement to an affiliate or to a successor by consolidation. For
the purposes of this Paragraph, an affiliate means an entity which controls, is
controlled by, or is under common control with the Owner. This Agreement shall
never constitute a debt or obligation of the City within any constitutional or
statutory provision.
f. Any Enhanced Sales Taxes subject to the Agreement shall be escrowed in the
event there is a legal challenge to the ESTIP Program or to the approval of this
Agreement.
g. At the end of the Term of this Agreement as provided for herein, any monies
segregated by the City which have not been expended as hereunder provided may
be transferred to another account of the City or used in a matmer determined by
2
the City in its sole discretion , excluding any amounts escrowed under Paragraph
4.fabove .
h. The Owner shall be deemed the "owner or proprietor" of the Property for the
purposes of this Agreement and the ESTIP Program , whether or not the Owner
owns all or any portion of the Property at any relevant time, since the Owner is
coordinating the installation of the Public Improvements.
5. City's Budget Process. Each year, the City Manager shall include in a
budget presented to the City Council pursuant to Chapter X , Sec. 10.2 of the Wheat
Ridge Home Rule City Charter, the appropriation of the Allocated Revenues for payment
to the Owner as provided in this Agreement. Nothing in this Agreement shall be
construed as obligating the City Council to appropriate the Allocated Revenues in any
fiscal year.
6. No Debt or Pecuniary Liabilitv. Notwithstanding anything in the
Agreement to the contrary, the Agreement is specifically subject to annual appropriation
of sufficient funds to pay the Allocated Revenue as provided in the ESTIP Program . No
multiple year fiscal obligation is created hereby. The decision of the City Council not to
appropriate funds in any given year shall not affect , impair or invalidate any of the
remaining provisions of this Agreement. None of the obligations of the City hereunder
shall be payable from any source other than Enhanced Sales Taxes.
7. Subordination. Notwithstanding anything in this Agreement to the
contrary, the Owner shall have no right, claim, lien , or priority, in or to the City 's sales
tax revenue that would be superior to or on parity with the rights , claims , or liens of the
holders of any sales tax revenue that would be bonds, notes , certificates , or debentures
payable from or secured by any sales taxes , outstanding as of the Effective Date of this
Agreement. All rights of the Owner are, and at all time shall be, subordinate and inferior
to the rights , claims and liens of the holders of any and all such sales tax revenue bonds ,
notes , certificates , or debentures , issued by the City and payable from or secured by any
sales taxes.
8. No Covenant to Construct or to Open. The intent of this Agreement is
to provide for Owner 's participation in the ESTIP Program , in the ev ent that Owner
constructs the Public Improvements . Notwithstanding any provision in this Agreement to
the contrary, Owner shall have no obligation under this Agreement to construct the Public
Improvements, and in that event, the City shall have no obligation to share any of the
Enhanced Sales taxes with Owner.
9. Remedies. The Owner waives any constitutional claims against the City
arising out of a breach of this Agreement. The Owner 's remedies against the City under
this Agreement are limited to breach of contract claims. In no event shall the Owner be
entitled to a claim, nor shall the City be liable for , any special , exemplary, punitive or
consequential damages of any kind , including economic damages or lost profits.
3
10. Severability. It is understood and agreed by the Parties that if any part,
term or provision of this Agreement is held by the courts to be illegal or in conflict with
any law of the State of Colorado , the validity of the remaining portions or provisions
shall not be affected , the rights and obligations of the Parties shall be construed and
enforced as if the Agreement did not contain the particular part , term or provision held to
be invalid , and the Parties shall cooperate to cure any legal defects in the Agreement or
the ESTIP. Should the allocation of the Enhanced Sales Tax , or the payment of the
Allocated Revenues be judicially adjudged illegal , invalid or unenforceable under the
present or future laws effective during the Term of this Agreement by a court of
competent jurisdiction in a final , non-appealable judgment, the Parties shall utilize their
best, good faith efforts to restructure this Agreement or enter into a new agreement
consistent with the purposes of this Agreement. Should the Parties be unsuccessful in
their efforts , the Agreement shall terminate without penalty or recourse to the City.
11. Governing Law. The laws of the State of Colorado shall govern the
validity, performance and enforcement of this Agreement. Should either Party institute
legal suit or action for enforcement of any obligation contained herein , it is agreed that
venue of such suit or action shall be proper and exclusive in the district court for
Jefferson County, Colorado.
12. Notices. All notices required or permitted under this Agreement shall be
in writing and shall be hand delivered or sent by certified mail , return receipt requested ,
postage prepaid , to be addressed to the Parties set forth below. All notices so given shall
be considered effective upon the earlier of the actual receipt or seventy-two (72) hours
after deposit in the United States Mail with the proper address. Either Party by notice so
given may change the address to which future notices shall be sent:
Notice to the City:
Copy to:
Notice to the Owner:
City Manager
City of Wheat Ridge
7500 W. 29th Avenue
Wheat Ridge , CO 80033
City Attorney
City of Wheat Ridge
7500 W. 29th Avenue
Wheat Ridge , CO 80033
Muse] Masster, LLC
3280 Yarrow Court
Wheat Ridge , CO 80033
13. Entire Agreement-Amendments. This Agreement embodies the whole
agreement of the Parties. There are no promises , terms , conditions , or obligations other
than those contained herein and this Agreement shall supersede all previous
communications, representations or agreements , either verbal or written , between the
4
Parties hereto. This Agreement may be amended only by written agreement between the
Owner and the City acting pursuant to City Council authorization .
14. Effective Date. This Agreement shall be effective and binding upon the
Parties upon the date first set forth above. Notwithstanding any provision of this
Agreement which may be interpreted to the contrary, in the event that Owner does not
acquire title to the Property and construct and make improvements to the Property on or
before March 31 , 2014 , then upon notice by the Owner to the City, this Agreement shall
terminate and both Parties shall be relieved of all liability hereunder.
IN WITNESS WHEREOF , Owner and City have each caused this Agreement to be
executed by the authorized Parties.
State of Colorado
County of ____ _
)
) ss .
)
OWNER
Musel Masster, LLC
Owner
The foregoing Agreement was acknowledged before me this _ day of _____ ,
20_, by as [title] of
-----------------'Inc.
WITNESS MY HAND AND OFFICAL SEAL.
My Commission expires: _______ _
Notary Public
5
AITEST:
Name: Janelle Shaver
Title : City Clerk
State of Colorado )
) ss.
County of Jefferson )
CITY OF WHEAT RIDGE
By: --------------------Name: Jerry DiTullio
Title: Mayor
The foregoing Agreement was acknowledged before me this ___ day of ________ _
20 _, by Jerry DiTullio as Mayor and Janelle Shaver as City Clerk , respectively, of the
City of Wheat Ridge , Colorado.
WITNESS MY HAND AND OFFICAL SEAL.
My Commission expires: ---------------
Notary Public
6
EXHIBIT A
Ordinance 2001-08
The Enhanced Sales Tax Incentive Program
(The "ESTIP Program")
Sec. 22-73. -Program established.
There is hereby established within the city an enhanced sales tax incentive
program.
(Ord. No. 1988-758 .. <' 1(24-1}, 5-23-88: Ord. No. 1272. §I. 12-9-02)
Sec. 22-74. -Purpose.
The purpose of the enhanced sales tax incentive program created by this division
is to encourage the establishment and/or substantial expansion of retail sales tax
generating businesses within the city, thereby stimulating the economy of and within the
city, thereby providing employment for residents of the city and others , thereby further
expanding the goods available for purchase and consumption by residents of the city, and
further increasing the sales taxes collected by the city, which increased sales tax
collections will enable the city to provide expanded and improved municipal services to
and for the benefit of the residents of the city, while at the same time providing public or
public-related improvements at no cost, or at deferred cost , to the city and its taxpayers
and residents.
(Ord. No. 1988-758. § 1(24-2). 5-23-88: Ord. No. 1272. § 1, 12-9-02)
Sec. 22-75. -Definitions.
The following words , terms and phrases , when used in this division, shall have
the meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Enhanced sales tax shall mean the amount of sales tax collected by the city over
and above a base amount negotiated by, and agreed upon by, the applicant and the city,
and which amount is approved by the city council , which base amount shall never be
lower than the amount of sales taxes collected by the city at the property in question in
the previous twelve (12) months plus a reasonable and agreed upon percentage of
anticipated increase in sales taxes, or, in the case of a newly established business, an
amount which represents the good faith determination by the applicant and the city as to
the amount of sales taxes which could be generated from the new business without the
participation by applicant in the ESTIP created under this division.
ESTIP means the enhanced sales tax incentive program created under this
division.
7
Own e r or proprie tor shall mean the record owner or operator of an individual
business , or, in the case of a shopping center, the owner of the real property upon which
more than one (1) business is operated, provided that the owner (whether an individual ,
corporation, partnership or other entity) is the owner or less or of the individual
businesses operated thereon.
(Ord. No I988-758. _,,.I (24-3). 5-23-88: On/. ;\'o. /] 72. _,,. I. I2-9-02)
Sec. 22 -76. -Participation.
Participation in ESTIP shall be based upon approval by the city council
exercising its legislative discretion in good faith . Any owner or proprietor of a newly
established or proposed retail sales tax generating business or location , or the owner or
proprietor of an existing retail sales tax generating business or location which wishes to
expand substantially, may apply to the city for inclusion within the ESTIP provided that
the new or expanded business is reasonably likely to generate enhanced sales taxes of at
least five thousand dollars ($5 ,000 .00) in the first year of operation .
(Ord. No. I988-758. _,,. I (24-4). 5-23-88: On/. No. I990-854, _,,· I. 1/-26-90: On/. No.
1]72 .. ~·I. /2-9-02)
Sec. 22-77.-Approval of agreement; use of funds generally.
Approval by the city council of an agreement implementing this ESTIP shall
entitle the successful applicant to share in enhanced sales taxes derived from applicant's
property or business in an amount which shall not in any event exceed the enhanced sales
taxes ; provided , however, that applicant may use such amounts only for public and/or
public-related purposes such as those specified herein and which are expressly approved
by the city council at the time of consideration of the application . The time period in
which the enhanced sales taxes may be shared shall not commence until all public or
public-related improvements are completed , and shall be limited by the city council , in its
discretion, to a specified time, or until a specified amount is reached.
(On/ J\'o. I98R-758, .~ I(24-5). 5-23-88: On/. ]\'o. 2002-I240, ,,,·I. l-2?l-02: On/. Ao.
12 72 .. ~· I. I2-9-02)
Sec. 22-78. -Uses enumerated.
The uses to which the shared enhanced sales taxes may be put by an applicant
shall be strictly limited to those which are public or public-related in nature. For the
purposes of this division, public or public-related purposes shall mean public
improvements , including but not limited to streets , sidewalks , curbs , gutters , pedestrian
malls , street lights, drainage facilities , landscaping, decorative structures , statuaries ,
fountains , identification signs , traffic safety devices , bicycle paths , off-street parking
facilities , benches , restrooms , information booths , public meeting facilities, and all
necessary, incidental , and appurtenant structures and improvements , together with the
8
relocation and improvement of existing utility lines, and any other improvements of a
similar nature which are specifically approved by the city council upon the city council's
finding that said improvement are public or public-related improvements , and that such
improvements shall enhance the competitive position of the applicant within the Denver
metropolitan area marketplace.
(Ord. No. 1988-758, ,,,. 1(24-6}, 5-23-88; Ord. No. 1272, § 1. 12-9-02)
Sec. 22-79. -Increments, sharing of funds.
The base figure for sales taxes shall be divided into twelve (12) monthly
increments , which increments are subject to agreement between the parties, and approval
by the city council , and which increments shall be reasonably related to the average
monthly perfonnance of the business or property in question, or similar businesses in the
area (i.e. adjust for seasonal variations). If in any month the agreed upon figure is not met
by applicant so as to create enhanced sales tax for that month, no funds shall be shared
with applicant for that month, and no increment shall be shared until that deficit , and any
other cumulative deficit , has been met, so that at the end of any twelve-month cycle,
funds in excess of those enhanced sales taxes agreed to be shared shall not have been
shared with any applicant.
(Ord. No. 1988-758, ,,..,. 1(24-7}, 5-23-88; Ord. No. 1272. j~· 1. 12-9-02)
Sec. 22 -80. -Revenues restricted.
It is an overriding consideration and detennination of the city council that
existing sources of city sales tax revenues shall not be used , impaired , or otherwise
affected by this enhanced sales tax incentive program. Therefore, it is hereby
conclusively detennined that only enhanced sales taxes generated by the properties
described in an application shall be subject to division under this E STIP . It shall be the
affirmative duty of the treasurer to collect and hold all such enhanced sales taxes in a
separate account apart from the sales taxes generated by and collected from the other
sales tax generating uses and businesses within the city and to provide an accounting
system which accomplishes the overriding purpose of this section . It is conclusively
stated by the city council that this division would not be adopted or implemented but for
the provisions of this section .
(Ord. No. 1988-758, § 1(24-8), 5-23-88; Ord. No. 1272, § 1, 12-9-02)
Sec. 22-81.-Capital improvement fund.
The one (1) percent of sales and use taxes eannarked for the capital improvement
fund may be utilized in this ESTIP for public improvements so long as the same are
within the meaning of the phrase capital improvements as defined in the voter approved
sales tax referendum previously held within the city, and provided that the same are
found and detennined by the city council to be capital in1provements which could be
9
provided by the city from the capital improvement fund but for the provision of such
improvements by the applicant ; provided , however, that such use of capital improvement
funds as part of this ESTIP shall be limited to the amount agreed pursuant to section 22-
83 hereof; provided further , however, that nothing contained herein shall limit the city
council in the determination to appropriate additional capital improvement funds for
capital improvements affecting the property in question as a part of the city's regular
appropriation and budget process .
(On/. No. 1988-7 58. ,,,· I (24-9). 5-2 3-88: On!. ,1\.'o 12 72. .~· I, 12-9-02)
Sec. 22-82. -Criteria for approval of application.
Approval of an application for inclusion in this ESTIP shall be gi ven by the c ity
council , at a public hearing held as a portion of a regularly scheduled city council
meeting, based upon the following criteria :
(1)
(2)
(3)
(4)
(5)
(6)
The amount of enhanced sales taxes which are reasonably to be
anticipated to be derived by the city through the expanded or new retail
sales tax generating business ;
The public benefits which are provided by the applicant through public
works , public improvements , additional employment for city residents ,
etc;
The amount of expenditures which may be deferred by the city based
upon public improvements to be completed by the applicant ;
The conformance of the applicant's property or project with the
comprehensive plan and zoning ordinances of the city ;
The agreement required by section 22-83 having been reached , which
agreement shall contain and confom1 to all requirements of section 22-83
Approval shall be by motion adopted by a majority of the entire city
council.
(Ord. No. 198b-758 .. ~ 1(24-10). 5-23-88: Ord. No. 1272, § 1, 12-9-02)
Sec. 22 -83. -Agreement required.
Each application for approval submitted to the city council shall be subject to
approval by the council solely on its own merits. Approval of an application shall require
10
that an agreement be executed by the owner and the city, which agreement shall , at a
minimum, contain:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
A list of those public or public-related improvements which justify
applicant's approval , and the amount which shall be spent on such
improvements ;
The maximum amount of enhanced sales taxes to be shared, and the
maximum time during which the agreement shall continue, it being
expressly understood that any such agreement shall expire and be of no
further force and effect upon the occurrence of the earlier to be reached
of the maximum time of the agreement (whether or not the maximum
amount to be shared has been reached) or the maximum amount to be
shared (whether or not the maximum time set forth has expired);
A statement that this is a personal agreement which is not transferable
and which does not run with the land ;
That this agreement shall never constitute a debt or obligation of the city
within any constitutional or statutory provision;
The base amount which is agreed upon by month, and the fact that if, in
any month as specified , sales taxes received from the property do not at
least equal such amount, that there shall be no sharing of funds for such
month;
The base amount shall be agreed upon which shall consider the historic
level of sales at the property in question, or a similar property within the
area in the event of a new business , and a reasonable allowance for
increased sales due to the improvements and upgrades completed as a
result of inclusion within this program;
A provision that any enhanced sales taxes subject to sharing shall be
escrowed in the event there is a legal challenge to this enhanced sales tax
incentive program or the approval of any application therefor;
An affinnative statement that the obligations, benefits , and/or provisions
of this agreement may not be assigned in whole or in any part without the
11
(9)
expressed authorization of the city council , and further that no third party
shall be entitled to rely upon or enforce any provision hereof;
Any other provisions agreed upon by the parties and approved by the city
council.
(Ord No. 198/o,-758 .'; }(24-1 1). 5-23-88; Oul. No. 1272. ,,,· 1. 12-9-02)
Sec. 22 -84.-Joint venture; liability.
The city council has enacted this ESTIP as a joint benefit to the public at large
and to private owners for the purposes of providing the city with increased sales tax
revenues generated upon and by properties improved as a result of this program; public
improvements being completed by private owners through no debt obligation being
incurred on the part of the city, and allowing applicants an opportwlity to improve
properties which generate sales activities , wllich improvements make those properties
more competitive in the marketplace and further provide to the applicant additional
contingent sources of revenues for upgrading such properties . The city council
specifically finds and determines that creation of this ESTIP is consistent with the city's
powers as a home rule municipal corporation , and that exercise of such powers in the
manner set forth herein is in furtherance of the public health , safety and welfare .
Notwithstanding any provision hereof, the city shall never be a joint venture in any
private entity or activity which participates in tllis ESTIP , and the city shall never be
liable or responsible for any debt or obligation of any participant in ESTIP .
(Ore/. No. 1988-758 .. ~· /(24-12). 5-23-88: Oul. No. 1272. ,,,,I, 12-9-02)
12
EXHIBITB
Legal Description of the Property
4565 Kipling St.
E 1/2, El /2, NE 1/4 , Sec 21 , T3S , R69W , of the 6th P.M., City of Wheat Ridge , County
ofJefferson, State of Colorado.
13
EXHIBIT C
Qualifying Public Improvement Costs
New construction on a blighted lot on Kipling Street. Public Improvements include:
• New public parking lot with striping and drainage for water quality and area
drainage assistance . Includes asphalt, excavation for drainage, impervious pavers
-$110,877
• Public curb gutter and sidewalk with drainage aiding adjoining businesses -
$24 ,310
• Landscaping aiding in carbon dioxide exchange and creating a greener
environment-$23 ,380
14
.. ~ ' .( ... ~ .,. City of •
JP'WheatRi_dge
ITEM NO :~
DATE: September 9 , 2013
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 34-2013 A RESOLUTION
AUTHORIZING THE EXECUTION OF AN AGREEMENT
WITH MUSEL MASSTER (THE GREEN HERB) TO
PARTICIPATE IN THE WHEAT RIDGE BUSINESS
DEVELOPMENT ZONE PROGRAM FOR A REBATE OF
100°/o OF THE ELIGIBLE USE TAX IN ASSOCIATION
WITH THE CONSTRUCTION OF A NEW BUILDING AT
4565 KIPLING STREET IN WHEAT RIDGE
1:8) PUBLIC HEARING
D BIDS/MOTIONS
1:8) RESOLUTIONS
D ORDINANCES FOR 1ST READING
0 ORDINANCES FOR 2ND READING
D YES 1:8) NO
ISSUE:
Musel Masster (The Green Herb) has made application and request to participate in the City's
Business Development Zone (BDZ) program , related to the construction of a new building for its
corporate headquarters at 4565 Kipling Street. The request is for the rebate of 100 % of the
eligible use tax for an estimated total of$13 ,500.
PRIOR ACTION:
At the August 26 , 2013 study session , City Council reviewed a request from The Green Herb for
a BDZ agreement to rebate 100% of use tax. City Council discussed the request and directed
staff to draft a BDZ agreement to rebate 100% ofuse tax.
FINANCIAL IMPACT:
The BDZ agreement would rebate 100% of the eligible use tax for a total financial impact to the
City of approximately $13 ,500.
Council Action Form-The Green Herb BDZ
September 9, 2013
Page2
BACKGROUND:
Wheat Ridge Code of Laws Chapter 22 , Article I, Division 5, establishes the BDZ program , an
economic development tool. The goal of the BDZ program is to encourage the development of
private sector jobs, revitalize deteriorating areas of the City and encourage the development,
redevelopment and expansion of businesses within the City.
This tool allows the City Council to waive certain building permit fees and building use taxes in
association with construction projects that occur in established Business Development Zones.
The tool is intended to be used to refund fees and taxes for projects that have the potential to
generate future sales and use tax or provide substantial public benefit to the City.
The criteria for approval of a BDZ agreement are as follows:
1. The amount of enhanced sales tax which can reasonably be anticipated to be derived by
the city through the expanded or new tax generating business;
2. The public benefits which are provided by the applicant through public works, public
improvements , additional employment for city residents ;
3. The amount of city expenditures which may be deferred by the city based upon public
improvements to be completed by the applicant ; and
4 . The conformance of the applicant's property or project with the comprehensive plan and
zoning ordinances of the city.
The Green Herb's owners have been looking to purchase property in Wheat Ridge to construct a
permanent site for their business , a retailer and wholesaler of nutritional supplements . They
currently lease space on the I-70 Frontage Road North. In 2011 , they located a potential parcel
along the south side of 1-70 frontage in which to construct a new facility , but due to some site
constraints they abandoned those plans and began looking for another alternative. In 2012 they
located another lot at 4565 Kipling Street for their new office, retail and production facility.
The Green Herb worked with staff of Community Development and Public Works on site
improvements for this odd shaped lot which has a 1 00-foot wide frontage on Kipling Street and
parcel depth of approximately 450-feet. This site configuration has previously made it difficult
to develop. At the same time, The Green Herb emailed staff requesting inclusion into the ESTIP
and BDZ programs.
The parcel had previously been considered for mini-storage which came under heavy protest
from the adjoining residential neighbors and was denied by Planning Commission. Since that
time, the site has garnered no interest from other developers due to the minimum frontage on
Kipling.
In late 2012 the site was purchased by The Green Herb and in February 2013 a building permit
was issued for construction of a new building. Staff worked with The Green Herb's architect
team for a building that met the requirements of all city codes. The Green Herb is in
construction of an 8,242 square foot building on the site that meets the requirements of the City 's
Council Action Fonn-The Green Herb BDZ
September 9 , 2013
Page 3
architectural and streetscape design manuals . Upon completion, The Green Herb will transfer
their entire existing facility to the new site and anticipates hiring an additional 4-6 new
employees, bringing their total to approximately 20.
The new construction has a valuation of$750,000 which will increase the property tax valuation
and revenue to the city through additional property taxes. Total building use tax and permit fees
paid on the Project were $27 ,171 through a building permit issued on February 22 ,2013.
Incremental sales tax is estimated at $5 ,000 in year one of operation and increasing yearly.
RECOMMENDATIONS:
Staff recommends a 100% rebate of the building use tax to the Green Herb in the amount of
$13 ,500 upon completion of the Project and audit by City staff for the following reasons:
1. The Project meets the objectives of the City 's economic development goals by providing
new development and jobs in the City of Wheat Ridge; and
2. The Project could be a catalyst for the redevelopment of adjacent properties along the
Kipling corridor; and
3. The Project site has been difficult to develop due to the odd site layout and configuration;
and
4. The Project will generate enhanced sales and use tax revenues and increased
employment.
RECOMMENDED MOTION:
"I move to approve Resolution No. 34-2013 , a resolution authoring the execution of an
agreement for Musel Masster to participate in the Wheat Ridge Business Development Zone
Program for a rebate of 1 00% of the eligible use tax in association with the construction of a
new building at 4565 Kipling Street in Wheat Ridge."
Or,
"I move to postpone indefinitely Resolution No. 34-2013, a resolution authorizing the execution
of an agreement with Musel Masster to participate in the Wheat Ridge Business Development
Zone Program for the following reason(s) "
REPORT PREPARED/REVIEWED BY:
Steve Art , Economic Development/Urban Renewal Manager
Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution No. 34-2013
2 . Agreement to Participate
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 34
Series of 2013
TITLE: A RESOLUTION AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH MUSEL MASSTER (THE GREEN HERB) TO
PARTICIPATE IN THE WHEAT RIDGE BUSINESS
DEVELOPMENT ZONE PROGRAM FOR A REBATE OF 100%
OF THE ELIGIBLE USE TAX IN ASSOCIATION WITH THE
CONSTRUCTION OF A NEW BUILDING AT 4565 KIPLING
STREET IN WHEAT RIDGE
WHEREAS, the City has adopted as a portion of the Wheat Ridge Code of Laws
("Code") Chapter 22, Article I, Division 5, "Business Development Zone" to encourage,
in part, continued development and expansion of opportunities for employment in the
private sector in the City; and
WHEREAS, Musel Masster (The Green Herb) has applied to participate in the
Program and a public hearing was posted and conducted ; and
WHEREAS, The Green Herb is the owner and operator of parcel and
improvements thereon within the City and known as the "Owner," and is the operator of
a development site that will serve residents of Wheat Ridge and surrounding
communities ;
WHEREAS, Owner plans to construct public improvements of approximately
$158 ,567 and a total project budget of approximately $750,000; and
WHEREAS , the project enhances services to the neighborhood and neighboring
communities and brings revenue to the City from surrounding communities-a true
definition of economic development; and
WHEREAS ; the project creates up to 6 new jobs and a total employee base over
20,and
WHEREAS; the project spurs reinvestment through remodeling and new
construction of a blighted structure, thus enhancing and preserving its economic viability
in the City; and
WHEREAS , cost-sharing at the rate prescribed herein will serve to aid the Owner
in that it will alleviate a portion of the public improvement costs associated with the
expansion .
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat
Ridge, Colorado, as follows:
Attachment 1
An Agreement to participate in the City of Wheat Ridge Business Development
Zone Program with Musel Masster is hereby approved wherein an amount of
100% of building use-tax generated estimated at $13 ,500 will be rebated to
Musel Masster.
DONE AND RESOLVED this gth day of September, 2013.
Jerry DiTullio , Mayor
ATTEST :
Janelle Shaver, City Clerk
AGREEMENT TO PARTICIPATE IN THE
CITY OF WHEAT RIDGE BUSINESS DEVELOPMENT ZONE PROGRAM
This Agreement to Participate in the City of Wheat Ridge Business Development Zone
Program (this "Agreement") is made and entered into as of the 9 th day of September, 2013 , by
and between MUSEL MASSTER, LLC, located at 4565 Kipling Street, hereinafter referred to as
the "Owner" and the CITY OF WHEAT RIDGE , COLORADO, 7500 W. 291h Avenue, Wheat
Ridge, Colorado 80033 hereinafter referred to as the "City," collectively the "Parties," and each
individually, as a "Party."
WHEREAS , the City has adopted as a portion of the Wheat Ridge Code of Laws
("Code") Chapter 22 , Article I, Division 5, "Business Development Zone" (the "Program"), to
encourage, in part, continued development and expansion of opportunities for employment in the
pri vate sector in the City; and
WHEREAS , Owner has applied to participate in the Program ; and
WHEREAS , Owner is the owner and operator of leased space and improvements thereon
within the City and known as the "Muse! Masster, LLC, dba The Green Herb ," which is a retail
outlet center offering herbal supplements and chiropractic services; and
WHEREAS , pursuant to Code Sec. 22-86 (b), the City Council has designated the real
property leased by Muse] Masster, LLC as a "Wheat Ridge Business Development Zone"; and
WHEREAS , Owner plans to construct a new building with an estimated project valuation
of $750,000; and
WHEREAS , Owner 's plans and tenant improvements will lead to increased employment
from their current 16-employees to approximately 20-22 employees ; and
WHERAS , increased employment will lead to other indirect spending and sales tax
generation by those employees in other local establishments ; and
WHEREAS , the Program allows the City to provide for the sharing of certain categories
of fees , taxes and other business development-related charges for new development within the
business development district ("Eligible City Fees, Charges and Taxes" as defined in Code Sec.
22-87 (1 )) to the extent allowed by an agreement with a business owner; and
WHEREAS , cost-sharing at the rate prescribed herein will serve to aid the expansion of
Muse! Masster, LLC in that it will alleviate a portion of the costs associated with the expansion.
NOW, THEREFORE, in consideration of the foregoing , and the covenants , promises , and
agreements of each of the Parties hereto , to be kept and preformed by each of them , the Parties
agree as follows:
Attachment 2
1. Recitals.
The Recitals set forth above are incorporated in this Agreement by reference
2. Term.
The term of this Agreement shall commence on September 9 , 2013 and shall terminate
upon full refund by the City to Owner of eligible City fees , charges and taxes as set forth in
Paragraph 7 (the "Term"). Notwithstanding the foregoing , it is an expressed provision of this
Agreement that this Agreement shall expire and be of no further force and effect upon the
occurrence of the earlier to occur of: (1) expiration of the Term or (2) payment of the maximum
amount to be shared as set forth in Paragraph 7 (whether or not the Term has expired), or (3)
determination by the City of Owner's default, as provided in Paragraphs 13 or 15 .
3. The Project.
The project proposed by the Owner through which it desires to participate in the Program
consists of the following , generally:
The Green Herb is an existing Wheat Ridge retail , service and manufacturing company
since 1994. The Green Herb specializes in providing vitamins, healthy alternatives to traditional
medicine that include chiropractic and massage services . The Green Herb currently leases space
at 11465 1-70 Frontage and has been in operation in Wheat Ridge since 1994. The project
consists of construction a new retail , warehousing, and office building measuring approximately
8,242 square feet which will contain a retail component , office space for the chiropractic and
massage services , manufacturing, shipping and office space. The project will include public
improvements including new curb , gutter, sidewalk , drainage improvements for the site and
surrounding areas , and landscaping to improve the visual aspect of the corridor. The project has
a valuation of $750 ,000. The foregoing shall be collectively referred to herein as the "Project,"
and is more fully described below in Paragraphs 4 and 8.
4. Representations of Owner. Pursuant to Code Sec. 22-94 , Owner hereby represents to
the City the following :
a. Improvements justifying Project approval. An estimated $750 ,000 of new construction
and improvements will be invested into the property. Of this amount , $158 ,576 are
considered public or public-related improvements as detailed in Exhibit A.
b . Expected incremental future tax revenue. Estimated Incremental future sales and use tax
revenue will include the following:
1. Incremental Sales Tax of $5 ,000 per year is anticipated to be generated in year 1
of operation and increase year-to-year.
11. Use Tax of$13 ,500 has been paid to the City of Wheat Ridge for a license issued
on February 2 , 2013.
2
111. Short-term positive impact during construction: Prior to the completion of the
Project, the construction and tenant improvement phases will employ additional
personnel.
IV . Long-term positive impact by addition of staff: With new facilities and an ability
to increase services , Owner will employ more permanent staff. Specifically, it is
estimated that permanent staff will be added to Owner's headquarters. It is
anticipated that at the completion of the Project, an additional 4-6 full-time
employees will be hired. .
v. An indirect benefit will be an increase in the number of visitors to the City as
customers of this new business who may shop at other City businesses as well as
opportunities for Wheat Ridge businesses to provide industrial and office products
to the Owner, likely contributing to the City's tax base.
5. Personal agreement; non-transferable; no third party beneficiaries
The cost-sharing of Eligible City Fees , Charges and Taxes as approved herein shall
constitute a personal agreement between the City and Owner. The terms of this Agreement do
not run with the land. The obligations, benefits and /or provisions of this Agreement may not be
assigned in whole or in any part without the express authorization of the City Council. No third
party shall be entitled to rely upon or enforce any provision hereof.
6. Agreement not to constitute debt or obligation of the City
Nothing herein shall be construed to constitute a debt or obligation of the City.
Notwithstanding any other provision of this Agreement to the contrary, the Parties understand
and acknowledge that the City is subject to Article X , § 20 of the Colorado Constitution
("TABOR"). This Agreement does not create a multi-fiscal year direct or indirect debt or
obligation within the meaning of TABOR and , therefore , notwithstanding anything in this
Agreement to the contrary, all payment obligations of the City are expressly dependent and
conditioned upon the continuing availability of funds beyond the term of the City 's current fiscal
period. Financial obligations of the City payable after the current fiscal year are contingent upon
funds for that purpose being appropriated , budgeted , and otherwise made available in accordance
with ordinances and resolutions of the City and other applicable law.
7. Cost-sharing
Pursuant to Code Sec. 22-88 , cost-sharing of the Eligible City Fees , Charges and Taxes may be
granted up to the expected incremental future sales and use tax revenue. It is anticipated that the
use tax revenue received from the Project will be $13 ,500 and year 1 sales tax increment will be
$5,000.
a. Estimated Eligible City Fees, Charges and Taxes. The following are estimates of the
Eligible City Fees, Charges and Taxes for this Project:
1. Building Use Tax: $13 ,500 paid on February 22 , 2013 ;
3
b. Cost-sharing. , No twithstanding th e foregoing, and in reliance upon the representation of
Owner of the benefits to the City of the Project, the City and Owner agree to the cost-
sharing for the Eligible City Fees , Charges and Taxes as follows:
100% of the Eligible City Use Taxes shall be due and paid to the City by Owner
based upon review and approval by the City of properly documented requests for
the same. Upon receipt thereof, the City shall refund 100% of such Eligible City
Taxes back to the Owner in 1 equal payment to their overall Tax charge described
in Paragraph 2 herein. In no event shall the City be obligated to refund more than
100% of eligible City Fees, Charges and Taxes received by it.
8. Legal challenge
In the event of legal challenge to the Program as applied to Owner, any costs scheduled
to be shared-back to Owner shall be escrowed until resolution of the dispute.
9. Waiver of Code requirements
To the extent any requirements of Code Sees. 22-85 through 22-96 have been waived ,
such waiver has occurred pursuant to Code Sec. 22-93 (c) whereby the City Council has found
by a :X majority vote that such waiver is in the public 's interest and will provide a substantial
benefit to the City.
10. No joint venture
Pursuant to Code Sec . 22-95 , nothing herein shall be construed to create a joint venture
between the City and Owner. Notwithstanding any provision hereof, the City shall never be a
joint venture in any private entity or activity which participates in the Program , and the City shall
never be liable or responsible for any debt or obligation of any participant, including the Owner,
in the Program.
11. Use of funds
Pursuant to Code Sec . 22-89 , Owner expressly acknowledges and agrees that any Eligible
City Fees , Charges and Taxes refunded to the Owner under this Agreement, up to the amount
agreed upon by the City Council pursuant to this Agreement may only be used for the purpose of
the Project, as described in Paragraph 12 , on Owner's Property within the underlying Business
Development Zone.
12. Uses enumerated
Pursuant to Code Sec. 22-90, the uses to which the Eligible City Fees , Charges and Taxes
may be put by the Owner shall be strictly limited to those which are approved by the City
Council and which relate directly to the Project within the City, which Project is anticipated to
indirectly generate more municipal sales and use tax revenues for the City in the future. Uses
hereby expressly approved by City Council are as follows:
c. Improvements as detailed in Exhibit A
4
1. New public parking lot with striping; and
n. Drainage improvements on the site; and
m. New public curb gutter and sidewalk with drainage aiding adjoining businesses; and
IV. New landscaping aiding in carbon dioxide exchange and creating a greener
environment ; and
v. New public structure providing a healthy alternative retail establishment.
13. No Covenant to construct or to operate
The intent of this Agreement is to provide for Owner's participation in the Program , in
the event that Owner completes the Project. Notwithstanding any provision in this Agreement to
the contrary, Owner shall have no obligation under this Agreement to complete the Project. In
the event Owner fails to complete the Project, this Agreement may be tenninated at the option of
the City.
14. Remedies
The Owner waives any constitutional claims against the City arising out of a breach of
this Agreement. The Owner's remedies against the City under this Agreement are limited to
breach of contract claims . In no event shall the City be liable for any form of damages , including
without limitation: exemplary, punitive or consequential damages, including economic damages
and lost profits.
15. Termination
In the event Owner fails to comply with one or more of the terms of this Agreement, City
may, in its sole discretion , terminate this Agreement.
16. Indemnification
To the fullest extent permitted by law, Owner agrees to indemnify and hold the City
hannless from any damage, liability or ~ost (including reasonable attorneys' fees and cost of
defense) to the extent caused by the Owner's negligent acts , errors or omissions in the
performance this Agreement and those of its sub-contractors, sub-consultants or anyone for
whom the Owner is legally liable. To the extent permitted by the Colorado Constitution and
statutes , the City agrees to indemnify and hold the Owner harmless from any damage, liability or
cost (including reasonable attorneys' fees and costs of defense) to the extent caused by the City's
negligent acts , errors or omissions arising from this Agreement. These defense and
indemnification obligations shall survive the expiration or termination of this Agreement. The
Parties acknowledge that the provisions of this Paragraph are not intended to waive or alter any
of the rights and defenses afforded to the City under the common law , the Colorado
Go v ernmental Immunity Act, C.R.S. §§ 24-10-101 , et. seq. or any other law .
17. Severability
If any part , term or provision of this Agreement or the Program is held by a court of
competent jurisdiction to be illegal or in conflict with an y law of the State of Colorado , the
validity of the remaining portions or provisions shall not be affected , the rights and obligations of
5
the Parties shall be construed and enforced as if the Agreement did not contain the particular
part, term or provision held to be invalid, and the Parties shall cooperate to cure any legal defects
in the Agreement or the Program . Should the sharing of Eligible City Fees , Charges and Taxes
pursuant to this Agreement be judicially adjudged illegal , invalid or unenforceable under the
present or future laws effective during the Term of this Agreement by a court of competent
jurisdiction in a final , non-appealable judgment, the Parties shall utilize their best, good faith
efforts to restructure this Agreement or enter into a new agreement consistent with the purposes
of this Agreement. Should the Parties be unsuccessful in their efforts , the Agreement shall
tenninate without penalty or recourse to either Party.
18. Governing law; venue
The laws of the State of Colorado shall govern the validity, perforn1ance and enforcement
of this Agreement. Should either Party institute legal suit or action for enforcement of any
obligation contained herein , it is agreed that venue of such suit or action shall be proper and
exclusive in the district court for Jefferson County, Colorado.
19. Notices
All notices required or pennitted under this Agreement shall be in writing and shall be
hand delivered or sent by certified mail , return receipt requested , postage prepaid , to be
addressed to the Parties set forth below. All notices so given shall be considered effective upon
the earlier of the actual receipt or seventy-two (72) hours after deposit in the United States Mail
with the proper address. Either Party by notice so given may change the address to which future
notices shall be sent:
Notice to the City:
Copy to:
Notice to the Owner:
Copy to :
City Manager
City of Wheat Ridge
7500 W . 29th Ave.
Wheat Ridge, CO 80033
City Attorney
City of Wheat Ridge
7500 W. 29th Ave.
Wheat Ridge, CO 80033
Wheat Ridge, CO 80033
[INSERT CONTACT]
Address
6
20. Entire agreement-amendments
This Agreement embodies the whole agreement of the Parties. There are no promises ,
tenns , conditions , or obligations other than those contained herein , and this Agreement shall
supersede all previous communications , representations or agreements, either verbal or written ,
between the Parties hereto. This Agreement may be amended only by written agreement
between the Owner and the City acting pursuant to City Council authorization.
21. Effective date
This Agreement shall be effective and binding upon the Parties upon the date first set
forth above.
IN WITNESS WHEREOF , Owner and City have each caused this Agreement to be
executed by their authorized representatives.
State of Colorado
County of Jefferson
)
)
)
OWNER
By: -----------------Name: --------------
Title: ----------------
ss.
The foregoing Agreement was acknowledged before me this _ day of ___________ ,, 2011 , by
Tom Phillips , as President of Musel Masster, LLC .
WITNESS MY HAND AND OFFICIAL SEAL.
My Commission expires: ______________ _
NOTARY PUBLIC
7
ATTEST:
Name: Janelle Shaver
Title: City Clerk
CITY OF WHEAT RIDGE
By: __________________ __
Name: Jerry DiTullio
Title: Mayor
Approved as to Form
Gerald E. Dahl , City Attorney
8
EXHIBIT A
Qualifying Public Improvement Costs
Public Improvements include:
• New public parking lot with striping and drainage for water quality and area drainage
assistance. Includes asphalt, excavation for drainage, impervious pavers -$110 ,877
• Public curb gutter and sidewalk with drainage aiding adjoining businesses -$24 ,31 0
• Landscaping aiding in carbon dioxide exchange and creating a greener environment -
$23 ,380
9
... ~~~
.. ~ ., Ci ty of •
r wheatRi_dge
......
ITEMNO: ~ ·
DATE: September 9 , 2013
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 13-2013 AN ORDINANCE
AMENDING CHAPTER 11 OF THE WHEAT RIDGE CODE
OF LAWS BY ADDING A NEW ARTICLE XIII
CONCERNING RETAIL MARIJUANA AND MAKING
CERTAIN AMENDMENTS TO CHAPTER 26 (ZONING AND
DEVELOPMENT) IN ASSOCIATION THEREWITH
0 PUBLIC HEARING
D BIDS/MOTIONS
0 RESOLUTIONS
QUASI-JUDICIAL:
City Attorney
ISSUE:
(;8J ORDINANCES FOR 1ST READING (09/09/2013)
0 ORDINANCES FOR 2 ND READING (09/23 /2013)
D YES r8J NO
On November 6 , 2012 , the people of the State of Colorado adopted Amendment 64 which
amended the Colorado Constitution by adding Article XVIII Section 16 thereto concerning the
legalization of the recreational use of marijuana. Amendment 64 also authorized the licensing by
state and local authorities ofbusinesses that cultivate, manufacture and test marijuana and
marijuana products for retail sale. The amendment fixed certain dates by which the state had to
act to implement the licensing of retail marijuana establishments. The state has met those dates
thus far.
On March 11 ,2013 , Council adopted Ordinance 1533 , Series 2013 , which enacted a moratorium
on the issuance or consideration of any City license or permit concerning retail marijuana
establishments and marijuana clubs (locations permitting on-site consumption or use of
marijuana). In May ofthis year, the General Assembly, through House Bill 13-1317 , enacted the
Colorado Retail Marijuana Code (C.R.S. §§ 12-43.4-101 et s eq .) which authorized the state to
license and regulate the sale, distribution, cultivation , growth , manufacture and testing of retail
V :\Fonns\CAFtemplate
Council Action Form
September 9 , 2013
Page 2
marijuana and retail marijuana products throughout the state. The Code named the Colorado
Department of Revenue ("DOR") as the state's licensing authority and further authorized the
DOR to adopt rules that would further implement provisions of the Code. The DOR has adopted
emergency rules that should be finalized in October of this year. The attached Ordinance
regulates and licenses retail marijuana businesses seeking to operate in the City, and establishes
the appropriate zoning for those businesses. The provisions in this Ordinance are consistent with
state law.
PRIOR ACTION:
Council adopted Ordinance 1533, Series 2013 , on March 11 , 2013 enacting a temporary
moratorium on the issuance or consideration of any City license or penn it concerning retail
marijuana establislunents and marijuana clubs. Council reviewed and discussed ordinance
options with staff at the August 5 , 2013 study session.
FINANCIAL IMPACT:
The financial impact for the City is unknown. The City will begin receiving permit, license
and/or operating fees for applications concerning retail marijuana establishments. As well , the
City will receive sales tax for retail sales of marijuana and marijuana products within the City.
BACKGROUND:
Amendment 64 was proclaimed by the Governor as effective on December 6 , 2012. Pursuant to
the time frames outlined in Amendment 64, the state must begin accepting applications for retail
marijuana establishments on October 1st. As provided in the Colorado Retail Marijuana Code,
only medical marijuana businesses that were in operation or had an application to operate such a
business pending with the state on December 10 , 2012 may apply for retail licensing at that time.
Retail sale of marijuana will be permitted starting January 1, 2014.
Under the Retail Marijuana Code, those existing medical marijuana businesses that desire to
operate a retail outlet may seek to convert to a retail marijuana establishment in whole or in part.
If the medical marijuana business converts in whole, all of the inventory of the medical
marijuana business will become inventory of the retail establishment on January 1, 2014. If
permitted by the local government, the medical marijuana business may convert in part and
operate as a collocated business alongside the retail marijuana establishment.
At a study session on August 5, 2013 , Council provided direction to staff concerning the extent
to which the City should regulate retail marijuana establishments. At that study session , Council
directed staff that it desired to regulate retail matijuana establishments in a matmer that is similar
to how the City regulates medical marijuana businesses. This Ordinance has been drafted in
accordance with those recommendations and state law.
I. The Ordinance authorizes the City's tax and licensing division to act as the City's local
licensing authority. The tax and licensing division will be authorized to issue four types
of retail marijuana establishment licenses for: 1) retail marijuana stores (i.e. retail
Council Action Form
September 9 , 2013
Page 3
outlets), 2) retail marijuana cultivation facilities; 3) retail marijuana products
manufacturers ; and 4) retail marijuana testing facilities.
2 . All retail marijuana establishments will be authorized to operate in the Light Commercial
(C-1) and Industrial (I) zone districts. Retail marijuana establishments may be collocated
with a medical marijuana business within those zones.
3. Retail marijuana stores will be prohibited from operating within 1000 feet of any school ,
alcohol or drug treatment facility , college or residential child care facility . These stores
are also prohibited from being located within three quarters of a mile of any other
licensed retail marijuana store or a medical marijuana center (retail outlet) unless
collocated with a medical marijuana center.
4. Retail marijuana stores will be limited to operating between the hours of 8:00a.m. and
7:00p.m. in accordance with the state limitation on the hours of operation of medical
marijuana centers.
5. The Ordinance also adopts a vertical integration model for cultivation operations. This
means that those operations are only authorized in the City to the extent that the applicant
for such license also operates a licensed retail marijuana store or retail products
manufacturer location within the City. The licensed location for a cultivation operation
must be contiguous to the location at which the applicant operates its retail marijuana
store or retail marijuana products manufacturing facility.
RECOMMENDATIONS:
Planning Commission will consider this Ordinance on September 19 , 2013.
City staff recommends adoption of this Ordinance.
RECOMMENDED MOTION:
"I move to approve Council Bill No. 13-2013 , an ordinance amending Chapter 11 of the
Wheat Ridge Code of Laws by adding a new Article XIII concerning retail marijuana and
making certain amendments to Chapter 26 (Zoning and Development) in association
therewith , on first reading, order it published , public hearing set for Monday, September 23 ,
2013 at 7:00 p.m. in City Council Chambers , and that it take effect fifteen days after final
publication , as provided by Section 5.11 ofthe Charter."
Or,
"I move to table indefinitely Council Bill No . 13-2013 concerning licensing of retail marijuana
establishments for the following reason(s) "
Council Action Form
September 9, 2013
Page4
REPORT PREPARED AND REVIEWED BY:
Gerald E. Dahl , City Attorney
Patrick Goff, City Manager
ATTACHMENTS:
1. Council Bill No. 13-2013
2. Map depicting % mile separation between medical marijuana centers and C-1 and
1-E zoning districts.
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER--------
Council Bill No. 13
Ordinance No. ----Series 2013
TITLE: AN ORDINANCE AMENDING CHAPTER 11 OF THE WHEAT RIDGE CODE
OF LAWS BY ADDING A NEW ARTICLE XIII CONCERNING RETAIL
MARIJUANA AND MAKING CERTAIN AMENDMENTS TO CHAPTER 26
(ZONING AND DEVELOPMENT) IN ASSOCIATION THEREWITH
WHEREAS, in the November 2012 general election, the voters of the State of
Colorado adopted Amendment 64 to the Colorado Constitution ("Amendment 64"),
codified at Article XVIII Section 16, which authorizes the sale of marijuana at retail; and
WHEREAS, in May, 2013 the Colorado General Assembly adopted the Colorado
Retail Marijuana Code, §§ 12-43.4-101 et seq., C.R.S., implementing a procedure for
licensing the cultivation, manufacture and sale of marijuana and marijuana-products at
retail; and
WHEREAS, the City has no current land use or business regulation governing
the operation of businesses that cultivate, manufacture, distribute or sell retail marijuana
and/or retail marijuana products ("Retail Marijuana Establishments"); and
WHEREAS, on March 11, 2013, the. City imposed a moratorium on the
submission, acceptance, processing, and approval of all applications for City licenses
relating to the operation of Retail Marijuana Establishments to allow the City staff and
the City Council to investigate the City's ability to regulate such establishments, and to
develop and implement any appropriate regulations consistent with state law; and
WHEREAS, because marijuana is a controlled substance under Colorado and
federal law, the cultivation, manufacture, distribution and sale as contemplated by the
Colorado Retail Marijuana Code has the potential for abuse and should be closely
monitored and regulated by local authorities to the extent possible; and
WHEREAS, if not closely monitored and regulated, the presence of marijuana,
even for the purposes legally permitted by Amendment 64 and the Colorado Retail
Marijuana Code, can potentially cause an increase in illegal activities within the City
affecting the health, safety, order, comfort, convenience and general welfare of the
residents of the City; and
WHEREAS, if Retail Marijuana Establishments operating pursuant to the
Colorado Retail Marijuana Code were allowed to be established and to operate without
appropriate local regulation of their location, such establishments might be established
in areas that would conflict with the City's comprehensive land use plan; be inconsistent
with surrounding uses; or otherwise be detrimental to the public health, safety and
welfare.
Attachment 1
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Moratorium Concluded. The moratorium imposed by Ordinance
1533 shall conclude upon the effective date of this ordinance.
Section 2. Chapter 11 of the Wheat Ridge Code of Laws is hereby amended by
the adoption of a new Article XIII to read in its entirety as follows:
Article XIII. Retail Marijuana Establishments
Sec. 11-400. Authority
Sec. 11-401. Definitions
Sec. 11-402. Local licensing authority established
Sec . 11-403. Types of retail marijuana establishment licenses
Sec . 11-404. Retail marijuana establishment license required
Sec . 11-405. Application of Colorado Retail Marijuana Code
Sec . 11-406. Application for license
Sec . 11-407. Operating fee
Sec . 11-408. Standards for approval of license, no hearing required
Sec. 11-409. Authority to recommend and impose conditions on license.
Sec. 11-410. Denial of license.
Sec. 11-411 . Appeal of denial or conditional approval of license
Sec. 11-412. Duration of license, renewal
Sec. 11-413. Duties of licensee
Sec. 11-414. Hearing , suspension , revocation of license
Sec . 11-415. Collocation of operations
Sec . 11-416. Prohibited locations
Sec. 11-417. Signage
Sec. 11-418. Taxes
Sec. 11-419 Hours of operation
Sec.11-420 Penalties, injunctive relief
Sees. 11-421-11-422 . Reserved
Sec. 11-400. Authority. The City Council hereby finds, determines , and declares that
it has the power to adopt this article pursuant to:
(a) The Local Government Land Use Control Enabling Act, article 20 of title
40, C.R.S.;
(b) Part 3 of article 23 of title 31, C.R.S. (concerning municipal zoning
powers);
(c) Section 31-15-103, C.R.S. (concerning municipal police powers);
(d) Section 31-15-401, C.R.S. (concerning municipal police powers);
(e) Section 31-15-501, C.R.S. (concerning municipal authority to regulate
businesses);
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(f) Section 12-43.4-101 et seq., C.R.S. (concerning municipal authority to
license and regulate retail marijuana establishments);
(g) The authority granted to home rule municipalities by article XX of the
Colorado Constitution;
(h) Article XVIII Section 16 of the Colorado Constitution; and
(i) The powers contained in the Wheat Ridge Home Rule Charter.
Sec. 11-401. Definitions.
(a) As used in this article the following words shall have the following
meanings, unless the context clearly requires otherwise:
Administrative hearing officer has the meaning provided in section 2-87 of this code.
Applicant means any person making an application for a license under this article.
Application means an application for license submitted pursuant to this article.
City Manager shall have the meaning provided in section 2-26 of this code.
Colorado Medical Marijuana Code shall mean Article 43.3 of Title 12 of the Colorado
Revised Statutes and any implementing administrative regulations.
Colorado Retail Marijuana Code shall mean Article 43.4 of Title 12 of the Colorado
Revised Statutes and any implementing administrative regulations.
Good cause means and includes
(1) When a licensee violates, does not meet, or fails to comply with any of the terms,
conditions, or provisions of this article and any rule and regulation promulgated
pursuant to this article or the Colorado Retail Marijuana Code;
(2) When the licensee or applicant has failed to comply with any special terms or
conditions that were placed on its license at the time the license was issued, or that
were placed on its license pursuant to an order of the local licensing authority or the
Colorado Department of Revenue; or
(3) When the licensed premises have been operated in a manner that adversely
affects the public health, welfare, or safety of the immediate neighborhood in which
the retail marijuana establishment is located. Evidence to support such a finding can
include: (i) a pattern of disorderly conduct as defined in section 11-54(a)(1) of this
code within or immediately adjacent to the premises of the licensee; (ii) a pattern of
drug-related criminal conduct within the licensed premises, or in the immediate area
surrounding the licensed premises; (iii) criminal conduct directly related to or arising
from the operation of the retail marijuana establishment.
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License means a license to operate a retail marijuana establishment issued pursuant to
this article.
Licensed premises means the location in the City from which the Licensee will operate .
Licensee means the person to whom a license has been issued pursuant to this article
and the Colorado Retail Marijuana Code to operate a business as described in section
12-43.4-401, C .R.S .
Marijuana means all parts of the plant of the genus cannabis, whether growing or not ;
the seeds thereof; the resin extracted from any part of such plant ; and every compound ,
manufacture, salt , derivative , mixture , or preparation of the plant , its seeds or its resin ,
including marijuana concentrate but shall not include industrial hemp , the fiber produced
from the stalks , oil or cake made from the seeds of the plant , sterilized seed of the plant
which is incapable of germination , or the weight of any other i ngredient combined with
marijuana to prepare top ical or oral adm inistrations , food , drink , or other product.
Marijuana clubs means establishments other than private residences, medical
marijuana establ ishments or retail marijuana establishments that allow the public ,
members or guests to consume marijuana , medical marijuana-infused products or retail
marijuana products on-site.
Medical marijuana means marijuana that is grown and sold pursuant to the provisions of
the Colorado Medical Marijuana Code for a purpose authorized by section 14 of the
Article XVIII of the Colorado Constitution .
Medical marijuana center means a premises licensed pursuant to the Colorado Medical
Marijuana Code to operate a business as described in section 12-43.3-402 , C.R.S .
Medical marijuana establishment shall mean a medical marijuana center , a medical
marijuana-infused product manufacturer or an optional premises cultivation operation .
Medical marijuana-infused product shall mean a product infused with medical marijuana
that is intended for use or consumption other than by smoking , including , but not limited
to , edible products , ointments , and tinctures.
Medical marijuana-infused product manufacturer shall mean a person licensed pursuant
to the Colorado Medical Marijuana Code to operate a business as described in section
12-43.3-404, C.R.S .
Optional premises cultivation operation shall mean a premises licensed pursuant to this
ordinance and the Colorado Medical Marijuana Code where a business described in
section 12-43.3-403 , C.R.S will operate.
Person means a natural person , partnership , association , company , corporation , limited
liability company , organization , or a manager, agent , owner, director, servant , officer, or
employee thereof.
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Retail marijuana means marijuana that is cultivated, manufactured, distributed or sold at
retail in accordance with the provisions in Section 16 of Article XVIII of the Colorado
Constitution and the Colorado Retail Marijuana Code
Retail marijuana cultivation facility shall mean a person licensed pursuant to this
ordinance and the Colorado Retail Marijuana Code to operate a business described in
section 12-43.4-403, C.R.S.
Retail marijuana establishment shall mean a retail marijuana store , a retail marijuana
products manufacturer, a retail marijuana cultivation facility, or a retail marijuana testing
facility.
Retail marijuana products shall mean marijuana products as defined in section 16(2)(k)
of Article XVIII of the Colorado Constitution that are produced at a retail marijuana
products manufacturer.
Retail marijuana products manufacturer shall mean a person licensed pursuant to the
Colorado Retail Marijuana Code to operate a business as described in section 12-43.4-
404, C.R.S.
Retail marijuana store means a person licensed pursuant to the Colorado Retail
Marijuana Code to operate a business as described in section 12-43.4-402, C.R.S .
Retail marijuana testing facility means a person licensed pursuant to the Colorado
Retail Marijuana Code to operate a business as described in section 12-43.4-405 ,
C.R.S .
Primary care-giver has the meaning provided in section 14( 1 )(f) of Article XVIII of the
Colorado Constitution as further defined and regulated in section 25-1.5-106, C.R.S.
and 5 C.C .R. 1006-2.
School shall mean a public or private preschool or a public or private elementary,
middle, junior high or high school.
State licensing authority shall mean the authority created for the purpose of regulating
and controlling the licensing of the cultivation, manufacture, distribution , sale, and
testing of retail marijuana in this state , pursuant to section 12-43.4-201, C .R.S .
(b) In addition to the definitions provided in subsection (a) of this section, the
other defined terms in section 16 of Article XVIII of the Colorado Constitution are
incorporated into this article by reference .
Sec. 11-402. Local licensing authority established.
(a) There is hereby established a local licensing authority, which shall have
and is vested with the authority to:
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1 . Grant and refuse licenses and approve and deny applicat ions for
renewal and transfer of licenses for the sale , cultivation and
manufacture of retail marijuana and retail marijuana products;
2. Promulgate reasonable rules and regulations concerning licenses
issued under this article ;
3 . Suspend and revoke licenses issued under this article in the matter
provided by law ; and
4 . Have all of the powers of the local licensing authority as provided in the
Colorado Retail Marijuana Code .
(b) The Tax and Licens ing Division of the City shall serve as the local
licensing authority for any administrative purposes described in subsections (a)(1 ),
(a)(2) and (a)(4) of this section. An administrative hearing officer shall serve as the
local licensing authority for purposes of hearing any requests for suspension or
revocation described in subsection (a)(3).
Sec. 11-403. Types of retail marijuana establishment licenses.
(a) The local l icensing authority may issue the following types of retail
marijuana establishment licenses:
1. Retail marijuana store license ;
2. Retail marijuana products manufacturing license ;
3. Retail marijuana cultivation facility license ; and
4 . Retail marijuana testing facility license .
(b) Each type of retail marijuana establishment license issued under this
article is separate and distinct.
Sec. 11-404. Licenses required.
(a) No person shall operate a retail marijuana establishment within the City
without a valid and appropriate retail marijuana establishment license issued in
accordance with this article.
(b) This requirement to obtain the appropriate retail marijuana establishment
license is in addition to the requirement to obtain a business license pursuant to article II
of this chapter and any other license or permit required by the City.
(c) No person shall operate a retail marijuana establishment within the City
without a valid and appropriate license to operate such establishment issued by the
state licensing authority in accordance with the provisions of the Colorado Retail
Marijuana Code.
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(d) No person may operate a business within the city concerning the sale,
use, consumption, manufacture of marijuana unless specifically authorized pursuant to
the provisions of this article.
(e) No marijuana clubs may operation or obtain a business license to operate
within the city.
Sec. 11-405. Application of Colorado Retail Marijuana Code. Except as otherwise
provided herein, the local licensing authority shall be governed by the Colorado Retail
Marijuana Code now in effect or subsequently amended. In the event of a conflict
between the provisions in this article and those in the Colorado Retail Marijuana Code,
the more stringent provision shall apply .
Sec. 11-406. Application for license.
(a) A person seeking to obtain a license pursuant to this article shall file an
application with the local licensing authority on a form provided by the state, and shall
include all additional information required by the Colorado Retail Marijuana Code.
(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 Retail
Marijuana Code if it determines that such information is reasonably necessary to
complete the investigation and review of the application.
Sec. 11-407. Operating fee.
(a) An applicant shall pay to the City a non-refundable operating fee when the
application for a license under this article is filed.
(b) The licensee shall pay the non-refundable operating fee to the City
annually along with any application for renewal of a license.
(c) The purpose of the operating fee is to cover the costs of inspection,
administration and enforcement of retail marijuana establishments. The amount of the
operating fee shall be fixed by the City Council by motion.
Sec. 11-408. Standards for approval of license, no hearing required.
(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 ;
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3. The application does not contain a material falsehood or
m isre presentation;
4. The application complies with all of the requirements of this article and
the Colorado Retail Marijuana Code ; and
5. The licensing authority has received written approval from the City of
Wheat Ridge 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.
(b) The local licensing authority may, but is not required to hold a hearing as
permitted by section 12-43.4-412, C.R.S . 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.
Sec. 11-409. Authority to recommend and impose conditions on license.
(a) Any City department shall have the authority to recommend reasonable
terms and conditions on a license as may be necessary to protect the public health,
safety, and welfare , and to obtain compliance with the requirements of this article and
applicable law.
(b) The local licensing authority is authorized to approve any license issued
under this article subject to such reasonable conditions as required by the City.
(c) In the event an application is conditionally approved , the local licensing
authority shall clearly set forth in writing the condit ions of approval.
Sec. 11-410. Denial of license. The local licensing authority shall deny an application
for a license under this article when the applicant fails to meet all of the standards set
forth in section 11-408 of this article.
Sec. 11-411. Appeal of denial or conditional approval of license.
(a) An applicant has the right to appeal the denial of an application or
condition imposed thereon to an administrative hearing officer.
(b) The applicant must file a written notice of appeal with the local licensing
authority within fifteen (15) business days after the date of mailing of the denial or
conditional approval of the application .
(c) Upon notice from the local licensing authority that the applicant has
satisfied the requirement in subsection (b), the City Manager shall appoint an
administrative hearing officer.
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(d) The applicant shall be provided with not less than ten (10) business days
prior written notice of the appeal hearing to be held by the administrative hearing officer.
(e)
applicant.
The burden of proof in an appeal filed under this section shall be on the
(f) If the administrative hearing officer finds by a preponderance of the
evidence that the decision of the local licensing authority was correct, the administrative
hearing officer shall uphold that decision. If the administrative hearing officer finds by a
preponderance of the evidence that the decision of the local licensing authority was
incorrect, the administrative hearing officer shall set aside the denial and issue the
license. The administrative hearing officer may impose additional conditions on the
license issued (if it was previously denied) or require that the conditions of approval be
stricken or modified.
(g) Any decision made by the administrative hearing officer pursuant to this
section shall be a final decision and may be appealed to the district court pursuant to
Rule 106(a)(4) of the Colorado Rules of Civil Procedure. The applicant's failure to timely
appeal the decision is a waiver of the applicant's right to contest the denial or
conditional approval of the application.
Sec. 11-412. Duration of license, renewal.
(a) Each license issued pursuant to this article shall expire on the first day of
the month one year from the month of issuance, and may be renewed as provided in
this section.
(b) An application for the renewal of an existing license shall be made to the
local licensing authority as required by the Colorado Retail Marijuana Code.
Sec. 11-413. Duties of licensee. Each licensee shall:
(a) Post the license issued under this article in a conspicuous location on the
licensed premises;
(b) Comply with all of the terms and conditions of the license;
(c) Comply with all of the requirements of this article;
(d) Comply with all other applicable City ordinances;
(e) Comply with the Colorado Retail Marijuana Code;
(f) Comply with all applicable federal laws, rules, or regulations, other than a
federal law, rule or regulation concerning the possession, sale or distribution of retail
marijuana;
(g) Permit inspection of its records and operation by the local licensing
authority for the purpose of determining the licensee's compliance with the terms and
conditions of the license and the City's tax laws; and
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(h) Permit inspection of the premises by authorized City officials during
permitted business hours for the purpose of determining compliance with this article.
Sec. 11-414. Hearing, suspension, revocation of license.
(a) A license issued pursuant to this article may be suspended or revoked by
the local licensing authority after a hearing for the following reasons:
1. Fraud, misrepresentation, or a false statement of material fact
contained in the license application;
2. A violation of any City ordinance, state, or federal law or
regulation, other than a federal law or regulation concerning the
possession, sale or distribution of marijuana that conflicts with
Article XVIII Section 16 of the Colorado Constitution;
3. A violation of any of the terms and conditions of the license;
4. A violation of any of the provisions of this article; or
5. Good cause.
(b) Request for suspension or revocation, notice of hearing, burden.
1. Any authorized City official may request in writing that a license
issued under this article be suspended or revoked.
2. The City Manager shall appoint an administrative hearing officer to
preside over the hearing on the suspension or revocation of a
license.
3. The administrative hearing officer shall
a . Set a date and time on which to determine whether to
revoke or suspend such license;
b. Notify the licensee in writing of the date and time of
the hearing at least ten (10) business days prior to
conducting such hearing. Such notice shall be sent
by regular mail postage prepaid. Notice is deemed to
have been given upon mailing;
c. Conduct a hearing based on the allegations provided
in the written request. This shall be an informal
hearing where no rules of evidence shall apply. The
burden shall be on the City to prove by a
preponderance of the evidence that the licensee has
violated the provisions in subsection 11-404 (a); and
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d. Provide a written decision to the licensee within a
reasonable time after the conclusion of the hearing.
(c) In deciding whether a license should be suspended or revoked, and in
deciding what conditions to impose in the event of a suspension, if any, the
administrative hearing officer shall consider:
1. The nature and seriousness of the violation;
2. Corrective action, if any, taken by the licensee;
3. Prior violation(s), if any, by the licensee;
4. The likelihood of recurrence;
5. All circumstances surrounding the violation;
6. Whether the violation was willful;
7. The number of previous violations by the licensee; and
8. Previous sanctions, if any, imposed against the licensee.
(d) In connection with the suspension of a license, the administrative hearing
officer may impose reasonable conditions thereon .
(e) Any decision made by the administrative hearing officer pursuant to this
section shall be a final decision and may be appealed to the district court pursuant to
Rule 106(a)(4) of the Colorado Rules of Civil Procedure. The applicant's failure to timely
appeal the decision is a waiver of the applicant's right to contest the decision.
(f) No fee previously paid by a licensee in connection with the application
shall be refunded if such license is suspended or revoked.
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.
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Sec. 11-416. Prohibited locations.
(a) Except as provided in subsection (g) 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 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. This limitation will be
computed by direct 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 to the nearest portion of the building in
which retail marijuana is to be sold, using a route of direct pedestrian access.
(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
line from the perimeter of the parcel where a proposed retail marijuana store will be
located. This limitation shall apply to retail marijuana stores whether they 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 line from the perimeter of the parcel
where a proposed retail marijuana store will be 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 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 marijuana store license
and/or the person's retail marijuana products manufacturing license.
(f) 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.
(g) 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.
Sec. 11-417. Signage. All signage for a retail marijuana establishment shall comply
with the requirements of chapter 26 of this code and the Colorado Retail Marijuana
Code.
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Sec. 11-418. Taxes. Each licensee shall collect and remit sales tax on all retail
marijuana, paraphernalia, and other tangible personal property sold by the licensee at
the retail marijuana establishment according to the provisions of chapter 22 of this code
and any regulations issued pursuant thereto.
Sec. 11-419. Hours of operation.
(a) A retail marijuana store may open no earlier than 8:00a.m. and shall close
no later than 7:00 p.m. the same day.
(b) A retail marijuana establishment may be open seven (7) days a week.
Sec. 11-420. Penalties, injunctive relief.
(a) It is a misdemeanor offense for any person to violate any provision of this
article. Any person convicted of having violated any provision of this article shall be
punished as set forth in section 1-5 of this code.
(b) In addition to all other remedies available to the city under this code and
by law, the operation of a retail marijuana establishment without a valid license issued
pursuant to this article may be enjoined by the City in an action brought in a court of
competent jurisdiction.
Section 3. Section 26-123 of the Code, entitled Definitions, is hereby amended
by the addition of the following terms:
Retail marijuana store means the premises at which a person operates a business as
described in Article XIII of Chapter 11 of this code and section 12-43.4-402, C.R.S.
Retail marijuana cultivation facility means the premises at which a person operates a
business as described in Article XIII of Chapter 11 of this code and section 12-43.4-403,
C.R.S.
Retail marijuana products manufacturer means the premises at which a person
operates a business as described in Article XIII of Chapter 11 of this code and section
12-43.4-404, C.R.S.
Retail marijuana testing facility means the premises at which a person operates a
business as described in Article XIII of Chapter 11 of this code and section 12-43.4-405,
C.R.S.
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Section 4. The Table of Uses for Commercial and Industrial Districts provided
for in Section 26-204 of the Code is hereby amended as follows:
Uses Notes NC RC C-1 C-2 1-E
Residential uses in See§ 26-626 p p p p p
commercial zones
RETAIL MARIJUANA p p
CULTIVATION
FACILITY
RETAIL MARIJUANA p p
PRODUCTS
MANUFACTURERS
RETAIL MARIJUANA p p
STORES
RETAIL MARIJUANA .... p p
TESTING FACILITY
Rooming and p p
boarding houses ' '
Section 5. Police Power Finding. The City Council hereby finds , determines ,
and declares that this Ordinance is necessary and proper to provide for the safety,
preserve the health , promote the prosperity, and improve the order, comfort and
convenience of the City of Wheat Ridge and the inhabitants thereof.
Section 6. Authority. The City Council hereby finds , determines and declares
that it has the power to adopt this Ordinance pursuant to: (i) the Local Government Land
Use Control Enabling Act , Article 20 of Title 40, C.R.S.; (ii) Part 3 of Article 23 of Title
31 , C .R.S. (concerning municipal zoning powers); (iii) Section 31-15-103 , C.R.S .
(concerning municipal police powers); (iv) Section 31-15-401, C.R.S. (concerning
municipal police powers); (v) Section 31-15-501 , C.R.S. (concerning municipal power to
regulate businesses); (vi) the authority granted to home rule municipalities by Article XX
of the Colorado Constitution ; (vii) the powers contained in the City of Wheat Ridge ,
Colorado Home Rule Charter (the "Charter"); and (viii) Part 3 of Article 43.4 of Title 12 ,
C.R.S. (concerning licensing of retail marijuana establishments).
Section 7. 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 8. Effective Date. This Ordinance shall take effect fifteen (15 days
after final publication , as provided by Section 5.11 of the Charter.
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INTRODUCED, READ, AND ADOPTED on first reading by a vote of_ to _
on this day of September, 2013, 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 September_, 2013 at 7:00 p.m., in the Council Chambers, 7500
West 40 1h Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of to _, this day of , 2013 .
SIGNED by the Mayor on this __ day of-------=--' 2013.
ATTEST:
Janelle Shaver, City Clerk
First Publication :
Second Publication:
Wheat Ridge Transcript
Effective Date:
Jerry DiTullio, Mayor
Approved as to Form
Gerald E. Dahl, City Attorney
15
~ Whe atRl._dge
City of Wheat Ridge , Co lorado
7 500 West 29th Avenue
Wheat Ridge, CO 80033-800 1
303.234 .5900
~Ia Sou(ees : City ol Wheat Ridge , Jeftc:o Pubic: Sc:hooft
ttachment 2
38TH AVE
38TH AVE
~ I
w
ffi a:
32NDAVE
I ~E
EDGEWATER
Medical Marijuana Establishments
This map shows the five (5) locations of
Medical Marijuana Retail Centers with active
or pend ing business licenses as of July 23 ,
2013 . Section 11-305 of the Municipal Code
requires a 3/4-mile separation between
retail centers ; these are indicated by the
gray c ircles.
Section 11-305 of the code also requires a
1 000 -foot separation from schools,
daycares , and drug treatment centers.
School locations are shown on this map in
orange . Although there is currently no
separation requirement from public parks ,
these locations are shown in green for
reference .
Medical Marijuana Infused Product
Manufacturers (MMIP) are a distinct
category of marijuana establishments that
are permitted with no separation
requirements . Currently, there are three (3)
licensed MMIP locations all of which are
collocated with existing retail centers .
Only two zone districts are shown on this
map . These include the Commercial-One
(C -1) and Industrial-Employment (I-E) zone
d istricts in wh ich medical marijuana
establishments are perm itted uses .
D MMJ retail centers
• 3/4-mile buffer
• C-1 zone district
• 1-E zone district
1:1 Retail center
L.:...J w ith MMIP
Schools
Parks -···· i ! City limits --··-
N State Plane Cooroinate Projection
A Colorado Certral Zone
Datum : NAD83
PISCLAIMER NOTICE:
This is a pictorial represertation of geographic and demographic
information . Reliance upon the accuracy, reliabil~y and authority of this
information is solely requestor's responsibil~. The City of Wheat Ridge,
in Jefferson COISity, Colorado - a pol~ical subdivision of lhe State of
Colorado, has compiled for ~s use certain computerized information.
This information is available to assist in identifying general areas of
concern only. The computerized irtormation provided should only be
relied upon with corroboration of the methods , assumptions , and results
by a qualified independent sou-ce. The user of this information sha~
indemnify and hold free the C ~ of Wheat Ridge from any and all
~abitities, damages, lawsu~s . and causes of action that result as a
consequence of his reliance on information provided herein.
"'~4,
, 4 ., City of • ~WheatRL_clge
ITEM NO:~
DATE: September 9, 2013
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 32-2013 A RESOLUTION
APPROVING THE CITY OF WHEAT RIDGE COYOTE
MANAGEMENT PLAN
D PUBLIC HEARING
D BIDS/MOTIONS
[8::1 RESOLUTIONS
D ORDINANCES FOR 1ST READING
0 ORDINANCES FOR 2ND READING
QUASI-JUDICIAL: D YES
~~5£
ISSUE:
The City of Wheat Ridge has developed a Coyote Management Plan to provide information on
how to safely co-exist with coyotes, by utilizing educational programs and providing guidelines
and standards in the response to and reporting of human-coyote conflicts. The plan requires
active participation from the community in utilizing proven methods to modify the behaviors of
coyotes. The plan further provides for responses to different types of interactions and/or
conflicts with coyotes; and resolution and reduction of human-coyote conflicts within the City in
a consistent and expedient manner. Public safety is the main concern of the City of Wheat
Ridge , and coyotes will be managed with human safety as the priority. The City utilizes
educational outreach as the primary tool in managing human-coyote conflicts, but recognizes
that there are situations where immediate lethal control may be necessary.
Throughout the Denver Metro Area , reports of coyote sightings and encounters with the
community have increased. For several years, neighboring cities and counties have experienced
an increase in the encroachment of the coyote, and the issues that can occur when humans and
wildlife co-exist. Many Metro agencies have developed a coyote management plan to address
conflicts with coyotes. In response to the increase in potential human-coyote conflicts, the
Community Service Officers (CSOs) and Parks and Recreation staff, along with the Animal
Welfare and Control Commission, have partnered with Colorado Parks and Wildlife to develop a
Coyote Management Plan for the City of Wheat Ridge. The teams listed have contributed to the
efforts in providing a plan with specific guidelines for responding to human-coyote conflicts.
Council Action Form -Coyote Management Plan
September 9, 2013
Page2
PRIOR ACTION:
Staff completed a draft version of the Coyote Management Plan and presented it for review and
recommendation to the Animal Welfare and Control Commission (A WCC) on March 20 , 2012.
The Plan was discussed with the AWCC on July 17 , 2012. An updated draft of the Plan was
mailed to AWCC members on September 18 ,2012. On November 9 , 2012 , an incident occurred
in the City involving a coyote acting aggressively toward a resident. The coyote was
successfully trapped , following the guidelines of the Coyote Management Plan , although the
Plan had not yet been presented to Council. On November 20 , 2012, the A WCC voted to
approve the Coyote Management Plan 5-0 with 1 abstention. The Plan was presented to City
Council at a Study Session on May 6 , 2013 with A WCC members in attendance. After review
and discussion , City Council requested that the Coyote Management Plan go back to the A WCC
for further review , discussion , and another vote on whether to recommend the Plan to City
Council. The A WCC reviewed the Plan again on July 16 , 2013 and requested stronger language
in the Plan in reference to the humane treatment of animals. On July 22 , 2013 , via e-mail vote,
the A WCC voted to approve the amended Coyote Management Plan by a vote of 6-1. The Plan
has been updated, and is now ready for presentation to Council.
FINANCIAL IMPACT:
Besides the time spent by the CSOs in contacting partnering agencies and reporting coyote
conflicts , there is no additional cost to the City for implementing the Coyote Management Plan.
The City has partnered with Colorado Parks and Wildlife and the Jefferson County Health
Department, and most services from these agencies are provided at little or no cost to the City.
Colorado Parks and Wildlife provides brochures , mailings , signage and on-site educational
programs , at no cost to agencies . Jefferson County Health Department provides no-cost or low-
cost testing of domestic and wildlife animals. Jefferson County Health also provides periodic
updates on the many zoonotic diseases that may affect the human population , as well as domestic
and livestock animals , and these are provided at no cost to the agency or to the public.
BACKGROUND:
By 2002 , there was significant growth and development ofland along the Front Range. With
this growth , many wildlife animals were displaced and forced to find new habitats . Wildlife
animals moved into the open space areas , as well as neighborhoods and business parks
throughout the Front Range. The movement and displacement of the animals created the
opportunity for increased human-wildlife conflicts. 1n 2002 , the City of Wheat Ridge Open
Space Management Plan was developed by Parks and Recreation staff, community members , and
City Council. The vision of the Open space plan was to bring awareness to the preservation of
the natural and scenic resources within the open space areas . The plan also identifies the many
wildlife animals and their habitats that can be observed and enjoyed by the public.
In late 2011 and throughout 2012 , the City has observed an increase in the coyote population and
the encroachment of these wildlife animals into our neighborhoods and open spaces. The coyote
is an extremely adaptable animal , and can live their entire life cycle within a one square-mile
area. They remain in cities and urban areas due to the abundance of food , water, and sheltering
resources . Coyotes are able to reproduce and rear their young successfully within cities and
urban areas. Since many coyote sightings and encounters are in close proximity to neighborhood
dwellings and open spaces , the need to develop a plan that provides guidelines for staff and the
public in addressing human-coyote conflicts has increased.
Council Action Form -Coyote Management Plan
September 9 , 2013
Page 3
The Coyote Management Plan models other established and successful plans that are currently
being utilized by agencies in addressing human-coyote conflicts. The plan includes guidelines
on responding to human-coyote conflicts and pet and livestock attacks . The plan also includes
Colorado State Statues and City ordinances that pertain to the protection of wildlife. The Coyote
Management Plan has been approved by the Animal Welfare and Control Commission and
endorsed by Colorado Parks and Wildlife, to be used as a model plan for other jurisdictions.
RECOMMENDATIONS:
Staff and the Animal Welfare and Control Commission recommend that City Council approve
the City of Wheat Ridge Coyote Management Plan.
RECOMMENDED MOTION:
"I move to approve Resolution No. 32-2013 , a resolution approving the City of Wheat Ridge
Coyote Management Plan."
Or,
"I move to postpone indefinitely Resolution No . 32-2013, a resolution approving the City of
Wheat Ridge Coyote Management Plan for the following reason(s) "
REPORT PREPARED/REVIEWED BY:
Jim Lorentz, Division Chief
Daniel Brennan , Chief of Police
ATTACHMENTS:
I. Resolution No.32-20 13
2 . City of Wheat Ridge Coyote Management Plan
3. Coyote Management Plan Flow Chart
4. Wheat Ridge Police Department Policy Directive Manual 13.05 Police Officer Response
I Notifications Regarding Dangerous Wildlife
5. Coyote Conflict Brochure
6. Coyote Postcard Notification
TITLE:
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 32
Series of 2013
A RESOLUTION APPROVING THE CITY OF WHEAT RIDGE
COYOTE MANAGEMENT PLAN
WHEREAS, it is the policy of the City of Wheat Ridge to provide for the
protection of the public health, safety, and welfare with respect to any reported sightings
of dangerous wildlife; and
WHEREAS, human safety is the main priority of the City of Wheat Ridge when
there are interactions between coyotes and the community; and
WHEREAS, the Wheat Ridge Police Department has developed a Coyote
Management Plan to care for wildlife with respect, educate the community regarding
living and interacting with wildlife, and provide for the humane treatment toward all
animals; and
WHEREAS, the purpose of the Coyote Management Plan is to provide
guidelines for responses to different types of interactions and/or conflicts with coyotes;
and to resolve and reduce human-coyote conflicts within the City in a consistent and
expedient manner.
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that:
The City of Wheat Ridge Coyote Management Plan attached hereto and incorporated
herein by reference, is hereby approved. The Mayor and City Clerk are authorized to
execute the same. This resolution shall be effective immediately.
DONE AND RESOLVED this 9th day of September, 2013.
Jerry DiTullio, Mayor
ATTEST:
Janelle Shaver, City Clerk
Attachment 1
~~j.~
-.. r City of ~Wheat.F-t...dge ~OL lCE DEPARTMENT
Coyote Management Plan
Wheat Ridge, Colorado
Revised and Updated August 28, 2013
Community Services Team
Wheat Ridge Police Department
7500 W. 29th Avenue
Wheat Ridge, Colorado 80033
Office Phone: (303) 235-2926
www.ci.wheatridge.co .us
Attachment 2
Coyote Management Plan Wheat Ridge, Colorado
August28,2013
Page 2
I. PURPOSE
The purpose of this document is to provide guidelines for responses to different
types of interactions and/or conflicts with coyotes; and to resolve and reduce
human-coyote conflicts within the City in a consistent and expedient manner.
Public safety is the main concern of the City of Wheat Ridge, and coyotes will be
managed with human safety as the priority. The City utilizes educational
outreach as the primary tool in managing human-coyote conflicts , but recognizes
that there are situations where immediate lethal control may be necessary.
The coyote is an extremely adaptable animal , and has thrived in urban settings
for many years , with the abundance of food , water and space being plentiful
within the parks and open spaces . As the coyote has adapted to the urban
environment , their fear of humans has diminished . It is important for our
community to work together to re-instill a natural fear of humans back into the
coyote population with undesirable attention.
The City of Wheat Ridge, in cooperation with Colorado Parks and Wildlife,
developed this Coyote Management Plan. The Plan includes a variety of
educational pieces and techniques and that have been proven to be successful
in the management of human-coyote conflicts .
II. RESPONSIBILITY
The Wheat Ridge Police Department's Community Service Officers (CSOs) and
Parks Department will be responsible for the following:
1. CSO 's will respond and document all reported activities and conflicts with
coyotes within the City of Wheat Ridge in a Police report and act as the
repository for those reports. When appropriate, and according to the
Guidelines for Response, CSOs will distribute these reports to the Chief of
Police, the Parks Department, Jefferson County Public Health (JCPH),
Colorado Parks and Wildlife (CPW), and to other pertinent agencies for
public safety and record keeping purposes.
2. The Police Department will provide press release notifications to the public
regarding coyotes that may pose a threat to the safety of the public.
3. The Police Department and the Parks Department will be responsible to
provide educational information on coyote conflicts via the City website,
Channel 8, CPW brochures, Park kiosks , temporary signage,
neighborhood mailings , and public meetings.
4. The Parks Department staff will monitor coyote activities in the parks and
open spaces and report human-coyote encounters, conflicts, and pet
attacks to the CSO's via the Police Department's Communications Center.
Human-coyote incidents or attacks that occur on City Parks Department
property will require immediate notification to the Police Department's
Communications Center, CSO 's and CPW.
5. CSOs and the Animal Control and Welfare Commission will consult with
JCPH on all issues relating to coyote bites to humans and pet exposures
which require the quarantine of animals.
Coyote Management Plan Wheat Ridge, Colorado
August28 ,2013
Page 3
6 .
7 .
CPW will provide guidance and education to landowners and local
jurisdictions in managing nuisance coyotes.
Subsequent to CSOs response and determination that a coyote has
exhibited behavior creating an unsafe situation for the human, CPW
personnel will respond and make a lethal control decision based on the
interest of public safety.
Ill. DEFINITIONS OF COYOTE INTERACTIONS
Terms and definitions are not subject to editing or change . These terms have
been provided by Colorado Parks and Wildlife, and are currently being used to
describe coyote behaviors and incidents throughout the State of Colorado .
1 . Observation -The act of noticing or taking note of tracks , scat or
vocalizations.
2. Sighting-A visual observation of a coyote(s).
3. Encounter-An unexpected direct meeting between a human and a coyote
without incident.
4. Incident - A conflict between a human and a coyote where a coyote
exhibited behavior creating an unsafe situation for the human.
5. Pet Attack-When a pet or livestock animal is attacked, injured or killed by
a coyote . Pet animals are considered to be a domesticated or tame
animal, such as a dog or cat. Livestock animals are considered to be
animals that are generally regarded as farm or ranch animals, such as
horses, cows, pigs, poultry and many other various types of farm related
animals.
6. Attack -An attack is when a human is bodily injured or killed by a coyote.
IV . GUIDELINES FOR RESPONSE TO INTERACTIONS
1. CSOs will respond to all types of coyote interactions, and document the
interaction in a Police report.
In the event of an Attack, a Police Officer will also respond.
2 . When responding to an Observation, Sighting, and Encounter, CSO's will
provide the reporting party with educational information on coyotes and
refer them to the City website for further information on coyote behaviors
and deterrents.
In the event of an Incident, CPW will provide instruction on low intensity
hazing of coyotes.
3. In all types of interactions, CSOs will assess the situation, and if
appropriate , mail educational postcards on "Coyote Conflicts" to the
neighborhood or area where the interaction occurred .
4. When responding to an Incident, Pet Attack , or Attack , CSOs will
immediately notify CPW and request response to the area to determine if
immediate lethal control measures are appropriate .
Coyote Management Plan Wheat Ridge, Colorado
Aug ust 28 , 2013
Page 4
5 . When documenting an Incident , Pet Attack or Attack , CSO 's will distribute
the report to the Chief of Police and CPW.
CSOs will also distribute this report to the Parks Department if the event
occurred in the Parks or Open Space. If the interaction occurred in or
adjacent to City Parks or Open Space, the Parks Department will post
temporary educational signage in the area.
6 . The Police Department will provide press release notifications to the public
regarding an Incident, Pet Attack, or Attack, as the coyote may pose a
further threat to the safety of the public , pets or livestock.
7. In the event of an Incident or Pet Attack , a low intensity hazing program
will be initiated . Police staff will be notified of the location, times and dates
the hazing will occur. CPW will provide on-site public education programs
in the area on hazing and the habits and behaviors of the coyote .
In the case of an Attack , a high intensity hazing will be initiated.
CSOs will continue to monitor the area , provide directed patrols , and
update any previous press release notifications to the pub l ic .
8 . In the event of a Pet Attack or Attack, Jefferson County Public Health and
the Animal Control and Welfare Commission will be notified and consulted
on the quarantine or exposure of pets or livestock animals.
V. DEFINITIONS OF COYOTE BEHAVIOR
1. Nuisance Coyote
A coyote may be defined as a nu isance using the following guidelines :
A. Habituated - A coyote that appears to frequently associate with
humans or human related food sources, and exhibits little wariness
of the presence of people.
B. Depredating-A coyote that is preying on pets or livestock.
C. Menacing - A coyote that exh ibits aggravated territorial or predatory
behavior towards people , but that does not qualify it as a
Dangerous coyote . This may include coyote incidents and/or
encounters that were serious in nature or a coyote or group of
coyotes that could potentially endanger human safety.
2. Dangerous Coyote
A coyote may be defined as dangerous using the following guidelines:
A. A coyote that has attacked or is attacking a person .
B. A coyote that exhibits aggressive behavior towards a human(s)
and/or poses a significant threat to human safety.
C. CSOs will consult with CPW if they believe that a coyote may be
dangerous based on a totality of behaviors and/or locations .
Coyote Management Plan Wheat Ridge, Colorado
August 28, 2013
Page 5
VI. DEFINITIONS OF RESPONSES
1. Hazing -An activity, or series of activities used in an attempt to change
coyote behaviors or deter habituated coyotes, or to establish or maintain a
healthy awareness on humans in local coyote populations.
2. Low Intensity Hazing-Low intensity hazing can be performed by everyone
at the community level by:
A Yelling and clapping
B. Banging pots and pans together
C. Throwing rocks or sticks
D. Spraying with garden hoses, water guns and sprinklers
E. Utilizing noise making devices, (air horns, whistles, cans filled with
beans or pennies, etc.) Contact the Parks Department for
information on available hazing supplies.
F. Motion sensor sprinkler systems
G. Utilizing deterrent sprays
3. High Intensity Hazing -High intensity hazing should only be performed by
trained individuals. High intensity hazing can be conducted in areas with
reported human encounters or incidents, where coyotes are approaching
residents, where there are routine pet attacks, or based on the totality of
circumstances and may include immediate lethal control.
VII. GUIDELINES FOR RESPONSE TO NUISANCE AND DANGEROUS COYOTES
1. CSOs will respond to the encounter location and document the encounter
in a Police report.
In the event of a Dangerous encounter, a Police Officer will also respond,
and CPW notified to respond, and the Police report will be distributed to
the Chief of Police, CPW, and the Parks Department (if the incident is
located in Park or Open Space area). If the encounter occurred in or
adjacent to City Parks or Open Space, the Parks Department will post
temporary educational signage in the area
2. The Police Department will provide press release notifications to the public
regarding the encounter.
3. CSOs will provide educational materials to the reporting party and refer
the party to the city website/animal controi/CPW link for further information
on conflicts with wildlife.
4. In the event of a nuisance coyote, CSOs will consult with CPW on
initiating a hazing program and providing on-site public education .
In the event of a Dangerous coyote encounter, a High Intensity Hazing
program will be initiated. Police staff will be notified of the location, times
and dates the hazing will occur. CPW will provide on-site public education
programs in the area on hazing and the habits and behaviors of the
coyote.
5. CSOs will continue to monitor the area, provide directed patrols, and
update any previous press release notifications to the public .
Coyote Management Plan Wheat Ridge, Colorado
August28,2013
Page 6
6 .
7.
CSOs will follow up by mailing educational postcards on "Coyote Conflicts "
to the neighborhood or area where the encounter occurred.
If the encounter is with a Dangerous coyote , CSOs will consult with CPW
to determine if lethal control is appropriate.
VIII. AUTHORITY
1. Colorado Revised Statutes. Title 33, Wildlife and Parks and Outdoor
Recreation
33-1-106 gives the Wildlife Commission the authority to regulate the
circumstances under which wildlife may be taken, and to determine the
disposition of usable portions of wildlife.
A. 33 -1-1 05( 1 )(h) gives the Wildlife Commission the authority to
provide for destruction of any wildlife that poses a threat to public
health , safety, or welfare.
B. 33-6-1 07(9) permits any person , any member of such person 's
family , or any employee of the person to hunt , trap , or take coyotes
on land owned or leased by the person without securing licenses to
do so , but only when such wildlife is causing damage to crops , real
or personal property, or livestock.
C. Wildlife Commission Regulation 303 (A) prohibits the relocation of
coyotes without a permit. Studies have shown that relocation is not
an effective solution to coyote conflicts. Colorado Parks and Wildlife
(CPW) generally will not authorize the relocation of coyotes.
D. 33-6-205 gives federal , state, county or municipal departments of
health the ability to grant an exemption to Amendment 14 to take
(by use of leg hold traps, snares, instant kill body-gripping design
traps or poisons) wildlife for the purpose of protecting human health
and safety .
E . 33-6-207 gives CPW and the Department of Agriculture the
authority to adopt and enforce reasonable rules governing trapping ,
snaring and poisoning for landowners ' protection of crops and
livestock. (This is an exemption under Amendment 14).
2 . City of Wheat Ridge Municipal Code
Sec. 16-64. -Protection of Wildlife .
(a) Shooting, capturing, etc., prohibited. Except as otherwise provided
in this section, it is unlawful to willfully shoot , capture, harass, injure
or destroy any wild bird or animal or to attempt to shoot , capture,
harass, injure or destroy any such wild bird or animal anywhere
within this city .
(b) Disturbing, etc., nests, burrows, etc., prohibited. No person shall
willfully destroy , rob or disturb the nest, nesting place, burrow, eggs
or young of any wild bird or animal anywhere within this city.
(c) Terms defined. In this section:
Coyote Management Plan Wheat Ridge, Colorado
August 28, 2013
Page 7
(1) Wild bird includes all undomesticated birds native to North
America and undomesticated game birds implanted in North
America by governmental agencies and any domestic duck
or goose released by any private person or recreational
authority upon any recreational area within this city.
(2) Wild animal includes any animal native to the state, but does
not include rattlesnakes, fish, Norway rats or common house
mice .
(3) Humane trap includes any trap which does not cause
physical injury, pain or suffering of a trapped animal. Steel-
jaw leg hold traps and snares are specifically excluded from
this definition, but the city shall not be precluded from
determining that any other type of trap is also excluded from
this definition.
(4) Causing damage on land, as provided herein, shall mean
physical injury to buildings or improvements or destruction or
injury of domestic animals or pets lawfully kept thereon.
(d) Application to city and state employees. The provisions of this
section shall apply to the personnel of any police, fire or animal
control agency or to the state division of wildlife or department of
health or other state or federal agency, and all City of Wheat Ridge
employees when such persons are acting within the scope of their
official duties as employees of such agencies.
(e) State-protected birds and animals. The provisions of this section
are not intended to allow the destruction of any bird or animal
protected by state or federal law.
(f) When trapping permitted. If any wild bird or animal is causing
damage on lands within the city owned or leased by any person,
such person or any member of his family, or his agent, may trap
such wild bird or animal, subject to the provisions of this section.
(g) Provisions for trapping . Trapping of animals shall follow the
provisions set out below:
(1) When deemed necessary by police officers or the
community service officer for the health, safety and welfare
of the residents of the city, such officers and/or their agents
may place a humane trap on city property or other property
within the city when the property owner requests such
humane trap for the purpose of capturing any wild or pet
animal creating a nuisance in the city. Provided, however,
that no trap of any kind shall be set upon any property
without notification to and/or permission from the owner of
such property .
(2) Any person who traps an animal pursuant to the provisions
of this section shall immediately notify police department of
such trapping . The police department shall have the
Coyote Management Plan Wheat Ridge, Colorado
August 28, 2013
Page 8
exclusive right and authority to determine the disposition of
any such trapped animal.
(3) Community service officers are authorized to use any
tranquilizer guns, firearms, humane traps or other suitable
devices to subdue or destroy any animal that is deemed by
the community service officer, in his discretion, to be a
danger to itself or to the public health and safety.
(4) It shall be unlawful for any person to set or cause to be set
within the city any steel-jaw leg-hold trap, snare or any trap
other than a humane trap, for the purpose of capturing any
animal, whether wild or domestic.
(h) It is unlawful to feed fox and coyote .
(Code 1977, § 14-41; Ord. No. 1993-923, §§ 1, 2, 4-12-93, Ord. No. 1994-961, §§ 1-4, 4-25-94;
Ord. No. 1329, § 2, 7-26-04; Ord. No. 1373, § 1, 10-10-06)
State law reference-Wildlife, parks and outdoor recreation, C.R.S . § 33-1-101 et seq; cruelty
to animals, C.R.S. § 18-9-202.
3. Wheat Ridge Police Department Policy Directive Manual
13.05.06 THREAT MAINTENANCE
A. The removal or euthanization of an animal will occur after
consultation with the Patrol Watch Commander, Community
Services Team Supervisor and Colorado Parks and Wildlife
officials.
B. Whenever possible, animals will be removed per Colorado Parks
and Wildlife policy, alive from populated areas if safe and
reasonable to do so.
C . When euthanization is to occur on scene, the most appropriate and
humane means will be deployed . The Patrol Watch Commander,
Community Services Supervisor and Colorado Parks and Wildlife,
will decide whether it is appropriate to wait for Colorado Parks and
Wildlife officials to respond , or whether circumstances require
immediate action.
D. When humane traps are used, it is the intent of the department for
officers to monitor them at frequent intervals, barring any other law
enforcement emergency calls for service or critical staffing issues,
to ensure that trapped animals are not subjected to extended
periods of time in a confined state.
E. If practical and available, electronic means of monitoring humane
traps can be used.
Coyote Management Plan Wheat Ridge, Colorado
August 28, 2013
Page 9
IX. Summary
The wildlife management section addressed within the Open Space Management
Plan of 2002's intent was to be broad and inclusive. This Coyote Management
Plan addresses the specifics of managing one species, the coyote.
There are many other species of wildlife that make Wheat Ridge their home and
not just in the confines of our preserved Open Space areas. It is recognized that
wildlife issues can be complex and challenging; and living conflict-free with all
species would be our ultimate goal. The human inhabitants and visitors to our
community and our city's activities can help or exacerbate wildlife encounters
and problems. Human inhabitants of the City need to take some responsibility to
curb our behavior that can lead to conflicts, such as unconscious and conscious
feeding, careless rubbish disposal and responsible pet guardianship.
Appendixes:
1.
2.
3.
Educational Outreach Tools
a. Examples: brochures, mailings, newsletters, PSAs, signs,
websites, education in schools, etc. (CPW can provide
many of these tools for distribution.)
Hazing Methods
a. Tools for Residents on their Property
i. Examples: rocks and sticks, noisemakers, garden
hoses, water guns, deterrent sprays, motion
sprinklers, etc.
b. City Hazing Programs
i. Examples: paintball, Department approved pepper
spray/low and high intensity hazing
Lethal Methods
a. Options for Residents on their Property
b. City and/or Cooperating County Lethal Control Program(s)
#1
Call for Service
Color Legend
Decis ional
#2
Initial Response
CSO Responds,
Investigates,
takes a Police Report,
determines
Type of Incident
CJ Res ponse I Co nsult ation
Action
Last updated 8/28/20: 3
#3
T y pe of Incident
Determined
·.. j
;;. . I
... ~44
.. ..-City of
""r7"'7"Wheat&_dge ~OLI CE DEPARTMENT
Coyote Management Plan
#4
Additional Responses
Required
Consult with CPW
on initiating Low-
Intensity Hazing and
providing
instruction
Police Officer and
CPW Responds
Consult with CPW
on Lethal Control
CPW Responds
CPW Responds
Consult with CPW
on Lethal Control
Police Officer and
CPW Responds
Consult with CPW
on Lethal Control
#5
Action s Taken
CSO provides RP
with educational
material & refers
to website
CSO Provides RP
with educational
material & refers
to website
CPW provides
instruction and
initiates High-
Intensity Hazing
Police notified of
areal dates/times
CSO forwards
Police report to
Chief& CPW
CSOs mail
"Coyote Conflicts"
postcards to area
CSOs monitor
area, provide
directed patrols
Police issue
Press Release
Press Release
updated as needed
Police report to
Parks
Parks post
educational signs
Attachment 3
NUMBER:
SUBJECT:
13 .05 .01
13.05.02
13.05.03
13 .05 .04
13.05 EFFECTIVE DATE:
REVISION DATES:
NOVEMBER 1999
JANUARY 2009
JUNE 2011
AUGUST 2013
POLICE OFFICER RESPONSE I NOTIFICATIONS REGARDING DANGEROUS WILDLIFE
APPROVED:~~-----------------_______ __
Chiefs initials Date
POLICY
It is the policy of the Wheat Ridge Police Department to provide for an effective, efficient
investigation and response by Patrol officers to any reported sighting of dangerous wildlife when
Community Services Officers (CSOs) are not on-duty. While responding to calls for service
involving wildlife, the department's priorities include protecting the public from harm (life, safety, and
health), caring for wildlife with respect , educating the community regarding living and interacting
with wildlife , and providing for the humane treatment toward all animals .
DEFINITION
A DANGEROUS WILDLIFE -any large predatory animal (e.g ., mountain lions , bears ,
coyotes) that may attack domestic animals or humans.
B . HUMANE TRAP -is any trap which does not cause physical injury, pain, or suffering of a
trapped animal. Steel-jaw leg hold trap~ and snares are specifically excluded from this
definition, but the city shall not be precluded from determining that any other type of trap is
also excluded from this definition .
INVESTIGATION
A When responding to a report of any dangerous wildlife, Patrol officers should :
1. Attempt to contact the reporting party, obtaining their name , address and phone
number .
2 . Attempt to locate the animal's tracks in the area of the sighting .
NOTIFICATIONS
A. To insure public safety, should there be a report of any dangerous wildlife coming into the
City , the Community Services Team Supervisor or their designee shall be contacted as
soon as possible.
B . If a Patrol officer determines that a confirmed sighting has occurred :
1. The Chief of Police will be notified . At his discretion , he will notify the City
Manager, Mayor and/or City Council.
2 . After 1700 hours, the Patrol officer will contact Colorado State Patrol Dispatch and
request that the On-Call District Wildlife Manager respond .
2 . Between 0800 -1700 hours , if a CSO is not available to respond , the Patrol officer
will contact tRe Colorado Parks and Wildlife at 303-291-7227.
Page 1 of2
13 .05 POLICE OFFICER RESPONSE I NOTI !CATIONS REGARDING WILDLIFE-August 2013
Attachment 4
13.05.05
13.05 .06
C . The Patrol officer will secure the scene to insure the safety of the public , especially in any
park or greenbelt area .
PUBLIC NOTIFICATION
A. Public notification will be determined by the circumstances and urgency required .
1. Notification may be general and accomplished through the Public Information
Officer (PIO) through the news media when there is no immediate threat.
2 . Immediate notification , due to an immediate threat level , requires the
Communications Center initiate the Citizen Notification System (CNS).
THREAT MAINTENANCE
A. The removal or euthanization of an animal will occur after consultation with the Patrol
Watch Commander , Community Services Team Supervisor and Colorado Parks and
Wildlife officials .
B. Whenever possible, animals will be removed per Colorado Parks and Wildlife policy , alive
from populated areas if safe and reasonable to do so .
C . When euthanization is to occur on scene , the most appropriate and humane means will be
deployed . The Patrol Watch Commander , Community Services Supervisor and Colorado
Parks and Wildlife , will decide whether it is appropriate to wait for Colorado Parks and
Wildlife officials to respond, or whether circumstances require immediate action .
D . When humane traps are used , it is the intent of the department for officers to monitor them
at frequent intervals , barring any other law enforcement emergency calls for service or
critical staffing issues, to ensure that trapped animals are not subjected to extended
periods of time in a confined state .
E. If practical and available, electronic means of monitoring humane traps can be used .
Page 2 of2
13.05 POLICE OFFICER RESPONSE I NOTIFICATIONS REGARDING WILDLIFE-August 2013
What do coyotes look like?
Ed&L. fJii~~
• Brownish -gray with a light gray to reddish,
cream -colored belly
• Slender muzzle
• Bushytail
• Typically weigh between 20 to 50 pounds
• They often appear heavier due to a thick, double coat offur
What do coyotes eat?
Coyotes are opportunistic mammals. Up to 70 percent
of a coyotes diet consists of small mammals (mice,
rabbits, rats , squirrels, voles, etc.). The remaining 30
percent is a combination of fruits, vegetables, insects,
fish, birds, eggs and other available items. ln urban ar-
eas, coyotes also prey on rats, squirrels, garbage, fallen
fruit/berries from trees and small pets.
When are coyotes most active?
Coyotes can be active any time, day or night, but are
especially active at dawn and dusk. Conflicts with pets
occur year -round and are more likely to occur during
the breeding season (February and March). Because
young are born in the spring, food requirements of
the nursing females and growing young remain high
until late summer. As people and their pets spend
more time outdoors during this time, the possibility
of a coyote encounter increases.
Can we make them leave?
Coyotes have adapted to neighborhoods because our
environment supports them. Populations may fluctu -
ate , but coyotes probably won't leave. Eradication
programs in North American cities have proven to be
expensive failures . These animals have adapted to our
presence and have lost their natural fear of us. That
doesn't mean that you can't do anything -you can.
It is imperative that communities work together to in -
still the healthy and natural fear of humans back into
the coyotes -for their health and safety and ours.
Coyotes are quick learners , and consistent negative
experiences can teach them to avoid people.
What you can do
You have options when it comes to dealing with coyotes
in your neighborhood :
• Do nothing.
If you have no concerns about coyotes , you can
go about your business. However, we recommend
you understand the possible risks to your pets
and yourself.
• Take steps to prevent conflict.
Follow the advice in this brochure to eliminate
attractants around your property and safeguard
your pet when walking in open spaces or areas
where coyotes may be present.
• Haze coyotes when you see them.
Every citizen can help both people and coyotes by
taking action to re -instill them with a healthy and
natural fear of people. Clap your hands, yell , honk
an airhorn or throw small rocks or sticks when you
see coyotes so they can re -learn to avoid humans.
• Evaluate lethal control for coyotes.
State law (Colorado Revised Statue 33 -6 -107(9)
allows you to manage coyotes that are causing dam-
age to your property. This management may only
be performed on your property. Be aware that cities
and counties may have more restrictive ordinances
and laws . Contact your city and county officials to
find out what options are permitted.
For more wildlife information or to report the feeding of
coyotes, or their aggressive behavior towards
humans, please contact the Colorado Division of Wild-
life, Monday through Friday, from 8 a.m. to 5 p.m ., by
calling (303) 291 -7227 . After hours, call Colorado State
Patrol at (303) 239-4501. Information is also available on
our Web site at www.wild.life.state.co.us
The Colorado Division of Wildlife is the state agency responsible for
managing wildlife and its habitat. as well as providing wildlife-related
recreation . The Division is funded through hunting and fishing license fees,
federal grants and Colorado Lottery proceeds through Great Outdoors Colorado.
1/2009 -10.000
II) .,
c a.
E .c u ca ., .,
c
Coyotes in the Front Range?
While coyotes are found throughout the West, they
are extremely adaptable and can thrive in urban areas.
From downtown Denver to the smallest suburb, coy-
otes are not new to residential communities. They can
and will be found in any neighborhood that provides
their basic needs -food, water, shelter and space.
Why are they here?
Residential areas provide habitat for coyotes. Plentiful
food sources exist, such as mice, rabbits and voles.
These small animals feed on birdseed, berries and
garbage, which are commonly found and easily accessible.
Shelter and water can be found in landscaped parks
and yards. Space is plentiful throughout parks, trails,
and natural areas. As coyotes adapted to the presence
of humans, they have lost their natural fear of us.
What attracts coyotes to your neighborhood?
Coyotes are attracted to neighborhoods due to the
availability of garbage, pet food and even pets, which
coyotes see as prey. The following list illustrates some
of the attractants that draw coyotes close to people.
Remove these attractants to discourage coyotes from
visiting your property:
• Outdoor pet food or water
• Birdseed or food sources that attract small mammals
• Accessible garbage or compost
• Fallen fruit or berries from trees or shrubs
• Shrubs, woodpiles, decks or any other structure that can
provide cover or be used as a den
How can you protect your pet?
It can be difficult to accept, but pets can be seen as a
food source to coyotes and large dogs can be seen as a
threat or possible mate. Coyotes have taken pets from
backyards, open spaces and even right off the leash.
Keep your pet current on vaccinations. Reduce the
risk to your pet by following these guidelines:
Cat Owners:
The only way to guarantee your eat's safety is to keep
it indoors. Outdoor cats also face potential death from
cars, diseases, foxes, parasites, raccoons, dogs and birds
of prey such as owls.
Dog Owners:
• Always supervise your pet outside, especially at
dawn and dusk
• Keep your dog on a short leash while recreating-
avoid retractable leashes
• Do not allow your dog to play or interact
with a coyote
• If possible, pick up your dog when coyotes
are visible
• Avoid known or potential den sites and thick
vegetation
• Like domestic dogs, coyotes will defend their
territory and their young
•If you must leave your dog outside, secure it in a fully
enclosed kennel
When are coyotes a risk
to you?
Although naturally curious, coyotes are usually timid
animals and normally run away if confronted. Coyote
attacks on humans are rare.
In many cases these attacks occur as a result of people
feeding coyotes. Coyotes have adequate food supplies
and are capable of surviving in the city without our
help. A coyote that associates humans with food may
become demanding and aggressive. A coyote that
bites a person must be destroyed. By feeding coyotes
you put yourself, the neighborhood and coyotes at
risk. It is unlawful to feed or intentionally attract
coyotes in most urban areas.
Be Prepared
lf you have concerns about encountering a coyote, you
may want to keep a deterrent handy. Deterrents can
include rocks, pots and pans, vinegar in a water gun,
paint balls, air horns or a repellent spray. Contact local
authorities to ensure that you are using a legal method.
Do what you can to discourage a coyote's approach
• Be as big and loud as possible
• Wave your arms, clap and throw objects at the coyote
• Shout in a loud and authoritative voice
• Do not run or turn your back on the coyote
• Face the coyote and back away slowly
Teach your children
• Never approach wild
animals or dogs you
don't know!
• lf a coyote approaches
you, wave your arms,
stomp your feet and tell
it loudly to Go away!
• Call for help
• If the animal doesn't
leave, walk out of
the area, keeping the
animal in your sight
Coyote Conflicts In YOUR Neighborhood! •:::
All Front Range communities are home to coyotes. These clever can ids have readily adapted to our food and habitat-rich
environments. The Colorado Division of Wildlife (DOW) wants to help you avoid conflicts with coyotes in your neighborhood.
Coyotes range in size from 20 to SO lbs. They may
travel alone or in groups. Coyotes typically eat
rodents, rabbits and fruit , but they will eat small
pets if the opportunity exists. They have their
pups in dens -a hidden cavity that can be under
rocks, stumps, ground or even porches. Coyote
attacks on humans are very rare and can often be
attributed to people feeding them. Adults should
teach children to never approach any wildlife.
Your Home & Coyotes
• Never feed coyotes!
• Remove attractants from your yard ,
including pet food, water sources, bird
feeders and fallen fruit.
• Secure trash in a container with a locking
lid or put trash out on the morning of
pick up.
• Fully enclose gardens and compost piles .
• Trim up vegetation to reduce hiding
places.
• Deter coyotes from entering your yard
with a 6-foot privacy fence.
• Work with your neighbors to discourage
coyotes in your entire community.
• If you meet a coyote, make it feel
unwelcome by yelling, throwing rocks
and sticks at it , spraying it with a hose or
a vinegar-filled water gun, or banging
pots and pans.
Your Pet & Coyotes
• Keep pets on a 6-foot leash when
walking.
• Never allow your pets to "play"
with a coyote.
• Pick up small pets if confronted by
a coyote .
• Do what you can to discourage a
coyote's approach -yell , stomp your
feet , throw small rocks or sticks at it.
• Always supervise your pet when
outside, especially at dawn and dusk.
• Never leave cats or dogs outside
after dark.
• If you must leave your pet outside,
secure it in a fully enclosed kennel.
Questions or concerns regarding
wildlife in your area? Call the
DOW at 303-291-7227.
Coyote Conflicts In YOUR Neighborhood! •:::
All Front Range communities are home to coyotes. These clever can ids have readily adapted to our food and habitat-rich
environments. The Colorado Division of Wildlife (DOW) wants to help you avoid conflicts with coyotes in your neighborhood.
Coyotes range in size from 20 to SO lbs. They may
travel alone or in groups. Coyotes typically eat
rodents, rabbits and fruit, but they will eat small
pets if the opportunity exists. They have their
pups in dens -a hidden cavity that can be under
rocks, stumps, ground or even porches. Coyote
attacks on humans are very rare and can often be
attributed to people feeding them. Adults should
teach children to never approach any wildlife .
Your Home & Coyotes Your Pet & Coyotes
• ever feed coyotes!
• Remove attractants from your yard ,
including pet food, water sources, bird
feeders and fallen fruit.
• Secure trash in a container with a locking
lid or put trash out on the morning of
pick up.
• Fully enclose gardens and compost piles.
• Trim up vegetation to reduce hiding
places.
• Deter coyotes from entering your yard
with a 6-foot privacy fence.
• Work with your neighbors to discourage
coyotes in your entire community.
• If you meet a coyote, make it feel
unwelcome by yelling , throwing rocks
and sticks at it , spraying it with a hose or
a vinegar-filled water gun , or banging
pots and pans.
Attachment 6
• Keep pets on a 6-foot leash when
walking.
• Never allow your pets to "play"
with a coyote .
• Pick up small pets if confronted by
a coyote.
• Do what you can to discourage a
coyote's approach -yell, stomp your
feet , throw small rocks or sticks at it.
• Always supervise your pet when
outside, especially at dawn and dusk.
• Never leave cats or dogs outside
after dark.
• If you must leave your pet outside,
secure it in a fully enclosed kennel.
Questions or concerns regarding
wildlife in your area? Call the
DOW at 303-291-7227.
Colorado Division of Wildlife
Denver Service Center
6060 Broadway
Denver, CO 80216
(303} 291-7227
http://www. wildlife.state .co. us
The Colorado Division of WildLife wants to help you avoid conflicts
with coyotes in your neighborho od. Pleas e read and use the tips on
this postcard or learn more on the web at www.w ildlife.st ate.co.u s
Did you know?
• Coyotes are ac tive year-round and become more visible
during their b reeding season, which occurs from
February through March.
• Coyotes can be seen throughout the day, but are especially
active at dawn and dusk.
• Coyotes are highly adaptable and can live and den in
parks and y ards.
• Coyotes may perceive other animals, including pets, as
a threat, competi tion, or food.
• Coyotes keep watch near their dens to keep threats away
from their young.
• Coyotes are curious and are known to stare at hwnans.
They sometimes foll ow humans out of natural curiosity
or to keep them away from their pups.
Colorado Division of Wildlife
Denver Service Center
6060 Broadway
Denver, CO 80216
(303) 291-7227
http://www. wildli fe.state.co.us
The Colorado Division of Wildlife wants to help you avoid conflicts
with coyotes in your neighborho od. Pleas e read and use the tips on
this postcard or learn more on the web at www.wil dl ife .state.co.us
Did you know?
• Coyotes are active year-round and become more visible
during their breeding season, which occurs from
February through March.
• Coyotes can be seen throughout the day, but are especially
active at dawn and dusk.
• Coyotes are highly adaptable and can liv e and den in
parks and y ards.
• Coyotes may perceive other animals, including pets, as
a threat, competition, or food.
• Coyotes keep watch nea r their dens to keep threats away
from their young.
• Coyotes are curi ous and are known to stare at h umans.
They sometim es foll ow humans out of natural curiosity
or to keep them away from their pups.
... ~A_,
.., ~ r City of •
JP'WheatR!9ge
ITEMNO:l
DATE: September 9 , 2013
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPROVE PAYMENT TO INSIGHT PUBLIC
SECTOR, INC. IN THE AMOUNT OF $51,618.51 FOR THE
ANNUAL RENEWAL OF THE MICROSOFT ENTERPRISE
AGREEMENT
D PUBLIC HEARING
r.:8J BIDS/MOTIONS
D RESOLUTIONS
QUASI-JUDICIAL:
ISSUE:
D ORDINANCES FOR 1ST READING
0 ORDINANCES FOR 2N° READING
D YES r.:8J NO
This is a scheduled and budgeted replacement of obsolete Microsoft software licenses at all
municipal facilities and the support and maintenance that is inherent with upgrades or new
software. The annual renewal oflicensing and support will cost $51 ,618.51 which was
appro ved in the 2013 Information Technology (IT) budget.
PRIOR ACTION:
This will be the eight renewal of the Microsoft Enterprise Agreement.
FINANCIAL IMPACT:
The 2013 IT Division budget includes $55 ,000 for the annual renewal of the Microsoft
Enterprise Agreement. The total renewal amount is $51 ,618.51.
BACKGROUND:
This is the City's eighth year participating in the Microsoft Enterprise Agreement (EA) program
and Staff recommends the renewal of the agreement for another year .
Prior to 2005 , software licensing control and purchases were decentralized , non-standardized ,
and recordkeeping was sporadic and incomplete. In 2005 , based on an IT evaluation of the status
of the City's software needs and requirements , Staff decided to leverage the City's purchasing
Council Action Form
September 9 , 2 013
Page 2
power by engaging Microsoft in a five-year agreement to get the City properly licensed . Staff
also decided at that time to manage all the software within the IT Division.
As a result , the City has been compliant with Microsoft's licensing rules and regulations since
2005 . ln addition, this program allows for discounts on software licenses , professional services
and planning and training vouchers from Microsoft.
RECOMMENDATIONS:
Staff recommends approval of the annual renewal for the Microsoft Enterprise Agreement
because the program has been successful for the City of Wheat Ridge.
RECOMMENDED MOTION:
"I move to approve payment to Insight Public Sector Inc., in the amount of $51 ,618.51 for the
annual renewal of the Microsoft Enterprise Agreement."
Or,
"1 move to deny payment to Insight Public Sector Inc. in the amount of $51 ,618 .51 for the ammal
renewal of the Microsoft Enterprise Agreement for the following reason(s) "
REPORT PREPARED/REVIEWED BY:
Michael Steinke, lT Manager
Heather Geyer, Administrative Services Director
ATTACHMENTS:
1. Insight Microsoft Quote
lnsigh!ic SECTOR
SOLD-TO PARTY
City of Wheat Ridge
7500 W 29th Ave 1st floo r
Wheat Ridge CO 80033
USA
SHIP-TO ADDRESS
City of Wheat Ridge
7500 W 29th Ave 1st f loor
Wheat Ridge CO 8003 3
USA
We deliver according to the following terms:
Payment Terms Credit Card
Insight Public Sector SL ED
6820 S HARL AVE
TEMPE AZ. 85283-43 18
Tel : 800-467-4448
Quotation
Quotation Number Creation Date
19-AUG-20 13 214894395
PO Number
PO Release
Customer No.
Sales Rep
Email
Telephone
Sales Rep 2
Email
Telephone
10390055
Gini Brescia
gbrescia@insight .com
800-467-4448 X 5083
Tone Tuskan
ttuskan@insight.com
800-269-2523 X 2283
Ship Via Electronic Delivery I Electron ic Delivery
Terms of Delivery FOB ORIGIN
Currency USD
Material Description Quantity Unit Price Extended Price
228 -03148-ESA2 Microsoft SQL Server Standard Edition -Software
assurance - 1 processor -Enterprise, Select, Select
Plus -Win -All Languages
STATE OF COLORADO WSCA SOFTWARE VAR CONTRACT# ADSP01 1-00000358-2 /
20556YYY 1 1 MIWSCA)
AUTHORIZATION NUMBER: ANNUAL BILLING DUE 10/1113
LICENSE : 4732607
Attachment 1
2 1,163.79 2,327 .58
Page 1 of 4
lnsigfl1ic SECTOR
Material Description
228-04433-ESA2 Microsoft SQL Server Standard Ed ition -Software
assurance - 1 server -additional product -Enterprise,
Select, Select Plus -Win-All Languages
STATE OF COLORADO WSCA SOFTWARE VAR CONTRACT(# ADSP011 -00000358-2/
20556YYY11 M/WSCA)
312-02257-ESA2
AUTHORIZATION NUMBER : ANNUAL BILLING DUE 10/1/13
LICENSE : 4732607
Mi crosoft Exchange Server -Software assurance - 1
server-Enterprise, Select, Select Plus -All Languages
STATE OF COLORADO WSCA SOFTWARc'ilAR CONTRACT(# ADSP011 -00000358-2 /
20556YYY 11 M/WSCA)
359-00792-ESA2
AUTHORIZATION NUMBER : ANNUAL BILLING DUE 10/1 /13
LICENSE : 4732607
Microsoft SQL Server -Software assurance - 1 CAL -
Enterprise, Select, Select Plus -All Languages
STATE OF COLORADO WSCA SOFTWARE :V_AH CONTRACT(# ADSP011-00000358-2 /
20556YYY11 M/WSCA)
AUTHORIZATION NUMBER : ANNUAL BILLING DUE 10/1113
LICENSE : 4732607
A07-00042-ESA2 Microsoft Enterprise Desktop Professional Platform -
Software assurance - 1 user-Enterprise -Win -All
L anguages
STATE-OF COLORADO WSCA SOFTWARE VAR CONTRACT # ADSP011 -00000358 -2/
20556YYY11 M/WSCA)
AUTHORIZATION NUMBER : ANNUAL BILLING DUE 10/1113
LICENSE : 4732607
D87 -01159-ESA2 Mi c rosoft Vis i o Professional -Software assurance -1
user -EDU -Enterprise, Select, Select Plus -Win -All
Languages
STATE OF COLORADO WSCA SOFTWARE VAR-""C ONTRAC (# ADSP011 -00000358-2/
20556YYY11 M/WSCA)
AUTHORIZATION NUMBER : ANNUAL BILLING DUE 10/1113
LICENSE : 4732607
H30-00238-ESA2 Microsoft Project Professional -Software assurance -
1 user -Enterprise, Select, Select Plus -Win -All
Languages
SJA7 OF COLORADO WSCA SOFTWARE YAR-CONTRACT(# ADSP011 -00000358-2/
20556YYY11 M/WSCA)
AUTHORIZATION NUMBER : ANNUAL BILLING DUE 10/1113
LICENSE : 4732607
J3A-00162-ESA2 Microsoft System Center Configuration Manager-
Software assurance - 1 server -Enterprise, Select,
Select Plus -Win -AIILanguages
STAlE OF COLORADO WSCA SOFTWARE VAR CONTRACT (# ADS P011 -00000358-2 /
20 556 YYY11 M/WSCA)
AUTHORIZATION NUMBER : ANNUAL BILLING DUE 10/1/13
LICENSE : 4732607
Quotation Number/ Creation Date
214894395 I 19-AUG-2013
Quantity Unit Price Extended Price
2 145.56 291 .12
114.81 114.81
50 26.53 1,326 .50
275 147.25 40 ,493 .75
5 86 .35 431 .75
10 168.36 1,683 .60
93.95 93 .95
Page2 of 4
lnsigh!ic SECTOR
Material Description
P72-00188-ESA2 Microsoft Windows Server Enterprise Edition-
Software assurance -1 user -Enterprise, Select, Select
Plus -All Languages
STATE OF COLORADO WSCA SOFTWARE VAR CONTRACT(# ADSP011 -00000358-2/
20556YYY11 M/WSCA)
AUTHORIZATION NUMBER: ANNUAL BILLING DUE 10/1/13
LICENSE: 4732607
P73-00226-ESA2 Microsoft Windows Server Standard Edition -Software
assurance-1 user-EDU -Enterprise, Select, Select
Plus -All Languages
STATE OF COLORADO WSCA SOFTWAREV'AR CONTRACT# ADSP011 -00000358 -2/
20556YYY11 M/WSCA)
AUTHORIZATION NUMBER: ANNUAL BILLING DUE 10/1/13
LICENSE : 4732607
Quotation Number/ Creation Date
214894395 I 19-AUG-2013
Quantity Unit Price Extended Price
5 382.54 1,912.70
25 117.71 2,942.75
Product Subtotal 51,618.51
Tax 0.00 -----------------------
Total 51,618.51
Lease & Financing options available from Insight Global Finance for your equipment & software acquisitions . Contact
your Insight account executive for a quote.
Thank you for considering Insight. Please contact us with any questions or for additional information about Insight's
complete IT solution offering.
Sincerely,
Gini Brescia
800-467-4448 Ex 5083
gbrescia@insight.com
Fax: 480-760-9410
Tone Tuskan
800-269-2523 Ex 2283
ttuskan@insight.com
Fax: 480.760.6128
Insight Global Finance has a wide variety of flexible financing options and technology refresh solutions. Contact your Insight representative
for an innovative approach to maximizing your technology and developing a strategy to manage your financial options.
Page 3 of 4
214894395 /19-A UG-2 013 lnsigb!ic SECTOR
Quotation Number/ Creat ion Date
Subject to IPS Terms & Conditions online unless purchase is being made pursuant to a separate written agreement in which case
the terms and conditions of the separate written agreement shall govern .
https ://www.ips .insight .com/us/en/terms-conditions/terms-of-sale-products .html
•
Page4 of 4
... ~A~
... _ ., City of •
JP'"WheatRi_dge
ITEM NO: ff.
DATE: September 9, 2013
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 36-2013 A RESOLUTION
APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF WHEAT RIDGE AND RENEWAL
WHEAT RIDGE TO PROVIDE FUNDING FOR THE
PURCHASE OF CERTAIN PROPERTY
D PUBLIC HEARING
D BIDS/MOTIONS
cgJ RESOLUTIONS
D ORDINANCES FOR I ST READING
0 ORDINANCES FOR 2ND READING
QUASI-JUDICIAL: D YES cgJ NO
Cie~oU
ISSUE:
Renewal Wheat Ridge is in the process of entering into a purchase agreement with The Bank of
Denver (Louise, LLC), to acquire property located at 7690 W. 38th Avenue and 3790 Yukon
Court. The acquisition of this property is critical to the success of the redevelopment of this vital
commercial center in Wheat Ridge. This intergovernmental agreement (IGA) provides the
funding for the acquisition of the property.
Acquisition by Renewal Wheat Ridge is necessary because the property contains environmental
contamination, for which remediation is required. The Bank of Denver has been willing to work
with the City and Renewal Wheat Ridge, understanding that the property requires remediation,
and is intended ultimately to be conveyed by Renewal Wheat Ridge to a third party, the
developer of the redevelopment project. Thus, the transaction contemplates Renewal Wheat
Ridge acquiring the property, obtaining a ''No Further Action Determination" or ''NAD" letter
from the Colorado Department of Public Health and Environment (the "CDPHE"), and then
conveying the property to the redeveloper.
The purchase price is $390,000, the cost of which is being contributed by the City in accordance
with the terms of the IGA . However, the seller has agreed to contribute up to the amount of
$50 ,000 for environmental remediation as a set-off from (or credit to) the purchase price. The
staff of the City and Renewal Wheat Ridge are working with the City's environmental consultant
and the CDPHE to determine the cost of a remediation plan that is acceptable to the CDPHE, and
Council Action Form -IGA with URA
September 9 , 2013
Page2
will result in the issuance of a NAD. If the cost of remediation is $50 ,000 or less , staff would
recommend proceeding forward with the transaction. If the cost is in excess of $50,000, staff
will have to evaluate how best to proceed, and seek City Council direction as well, since the City
is ultimately the funding source of the acquisition and would have to fund any additional
remediation cost.
Approving this IGA does not commit the City to funding this property acquisition. The
critical date for purposes of determining the nature and extent of the environmental
remediation is September 18 , 2013. By this date, Renewal Wheat Ridge will be required
to give notice to the seller regarding the required environmental remediation, the
estimated cost and if the acquisition of the property will proceed.
PRIOR ACTION:
None
FINANCIAL IMPACT:
The estimated purchase price of the property is $390,000 , discounted to no more than $340,000
to account for environmental remediation expenses. The intent of Renewal Wheat Ridge is to sell
the property to a developer and to reimburse the City from those proceeds. Environmental
remediation costs are still being evaluated by the City's environmental consultant. Once a
remediation plan is developed and total costs are estimated , staff will present those to Council for
further direction .
BACKGROUND:
The Redevelopment Project, "Wheat Ridge Comers," includes the construction of two single
story in-line retail buildings totaling 15,600 square feet and two outparcels totaling 7 ,300 square
feet on approximately 3 acres ofland. A copy of the conceptual site plan for the redevelopment
project is attached. Building architecture and materials for the retail buildings will consist of
glass store fronts with mixed use of masonry materials such as stucco , stone, block and/or brick.
A project identity element will be integrated into the northeast comer of the site to enhance the
visual charisma and attractiveness of the key comer view. Potential tenants include quick-service
restaurants , sit-down restaurants , bars and taverns, financial institutions and other convenience
retail.
The purchase of the property will add an additional 0.5 acres of developable land to the site and
the potential for additional retail square footage. In addition , an access easement through the
property being acquired to Yukon Court is critical for this project's success. Access to Yukon
Court will provide the needed traffic circulation to future lighted intersections at 38th and Yukon
Court and 35 1h and Wadsworth.
The vacant site directly to the south of the redevelopment project is currently under contract with
another developer. The site is approximately ten acres and initial conceptual site plans include
approximately 90 ,000 square feet of additional retail. The two projects would develop separately
but will be required to include access points between the projects for an unencumbered traffic
circulation between the projects.
Council Action Form -IGA with URA
September 9, 2013
Page 3
RECOMMENDATIONS:
Staff recommends approval of the resolution in order to facilitate the successful completion of
this redevelopment project at this vital commercial center in Wheat Ridge.
RECOMMENDED MOTION:
"I move to approve Resolution No. 36-2013, a resolution approving an intergovernmental
agreement between the City of Wheat Ridge and the Renewal Wheat Ridge to provide funding
for the purchase of certain property."
Or,
"I move to postpone indefinitely Resolution No . 36-2013, a resolution approving an
intergovernmental agreement between the City of Wheat Ridge and Renewal Wheat Ridge to
provide funding for the purchase of certain property for the following reason(s)
"
REPORT PREPARED/REVIEWED BY:
Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution No. 36-2013
2 . Conceptual Site Plan
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 36
Series of 2013
TITLE: A RESOLUTION APPROVING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND
RENEWAL WHEAT RIDGE TO PROVIDE FUNDING FOR
THE PURCHASE OF CERTAIN PROPERTY
WHEREAS, pursuant to C.R.S. § 29-1-203 , the City of Wheat Ridge and
Renewal Wheat Ridge (the "Parties") are authorized to cooperate and contract with one
another for the performance of functions , service or facility to the extent authorized to;
and
WHEREAS, each Party is authorized by statute to acquire and dispose of real
property; and
WHEREAS, Renewal Wheat Ridge (RWR) is in the process of entering into a
purchase agreement with The Bank of Denver (Louise, LLC) to acquire certain real
property located within the City of Wheat Ridge at 7690 W . 38th Avenue and 3790
Yukon Court ; and
WHEREAS , RWR 's purchase of the property is within the statutory power as an
urban renewal authority and is being made for the purpose of blight removal within the
City of Wheat Ridge; and
WHEREAS , the City wishes to assist RWR in its purchase of the property by
making available to RWR funds in the amount of the purchase price upon certain
conditions as more fully described in in Exhibit A; and
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that:
The Intergovernmental Agreement attached hereto and incorporated herein by
reference, is hereby approved. The Mayor and City Clerk are authorized to execute the
same. This resolution shall be effective immediately.
DONE AND RESOLVED this 9th day of September, 2013.
Jerry DiTullio , Mayor
ATTEST:
Janelle Shaver, City Clerk
Attachment 1
Exhibit A
INTERGOVERNMENTAL AGREEMENT
FUNDS FOR PURCHASE OF REAL PROPERTY
This Intergovernmental Agreement (the .. Agreement") is entered into as of the __ day
of , 2013, by and between the City of Wheat Ridge, a Colorado home
rule municipality ("the City") and the Wheat Ridge Urban Renewal Authority, d/b/a Renewal
Wheat Ridge (a Colorado borne rule municipality and body corporate politic (the "URA'')
colJectively referred to herein as (the "Parties").
RECITALS
A. Pursuant to C.R.S. § 29-1-203, the Parties are authorized to cooperate and contract
with one another for the perfonnance of functions, service, or facility to the extent authorized to
each.
B. Each Party is authorized by statute to acquire and dispose of real property.
C. The URA is in the process of entering into that certain Purchase Agreement with
Louise, LLC, a Colorado limited liability company, to acquire certain real property located
within the City of Wheat Ridge more particu]arly described in Exhibit A attached hereto and
incorporated here to by this reference, constituting approximately 26,040 square feet of land,
together with all improvements, easements, water rights, mineral rights and other rights
appurtenant thereto and also known by street and number as 7690 W. 381h Avenue and 3790
Yukon Court, Wheat Ridge, Colorado (the .. Property'');
D. The URA's purchase of the Property is within its statutory power as an urban renewal
authority and is being made for the purpose of blight removal within the City of Wheat Ridge.
E. The City wishes to assist the URA in its purchase ofthe Property by making available
to the URA funds in the amount of the purchase price upon certain conditions as more fully
described in this Agreement.
NOW, THEREFORE, the Parties agree as follows:
1. Obligations of the City.
A. Funding of Property Acquisition. The City shall provide to the URA the funds to
acquire the Property estimated to be no more than $340,000 plus any costs associated with the
closing of the transaction (the "Funding") to be used by the URA solely and exclusively for
purchase of the Property pursuant to the Purchase Agreement. The Funding shall be made
available on or before September 30, 2013. AH or a portion ofthe Funding, as mutually agreed
upon by the City and the URA, shall be repaid to the City upon the transfer by the URA of the
Property to a subsequent developer, as purchaser. The City consents to the URA 's conveyance of
the Property to a third party in accordance with C.R.S. Section 3 J -25-1 06(2).
B. Funding for Environmental Remediation. The City further agrees assist the URA
by directly or indirectly contributing funds , obtaining grants or otherwise expending money in
-I-
Exhibit A
amounts necessary to remediate the Property as part of the Colorado Department of Public
Health and Environment's Voluntary Clean Up Program ('•VCUP"), in a total amount to be
estimated on or before the purchase of the Property by the URA.
2. Obliaations of the URA. The URA shall:
A. Close upon the Property as set forth in the Purchase Agreement;
B. Cause any environmental contamination of the Property to be remediated
such as to result in a "no further action determination" by the Colorado
Department of Public Health and Environment;
C. Use the funding provided for environmental remediation of the Property
for its stated purpose;
D. Convey or sell the Property to a developer, as purchaser upon the
developer, as a bona fide prospective purchaser, being able to obtain a "no
further action determination" by the Colorado Department of Public
Health and Environment; and
E. Repay to the City any funds received from the City or otherwise which are
in excess of amounts necessary for purchase of the Property, or for
environmental remediation as described at Paragraph 2.B.
3. Notice. Any notice required or permitted by this Agreement shall be deemed
validly given at the time the notice is delivered in person, or deposited in first class or registered
mail, or transmitted by facsimile (with confirmation of receipt) to the following addresses:
Steve Art
Wheat Ridge Urban Renewal Authority
7500 W. 29th Avenue
Wheat Ridge, CO 80033
Patrick Goff
City of Wheat Ridge
7500 W. 29'h Avenue
Wheat Ridge, CO 80033
4. Paral!raob Captions. The captions of the paragraphs are set forth only for the
convenience and reference of the Parties and are not intended in any way to defme, limit or
describe the scope or intent of this Agreement.
5. Integration and Amendment. This Agreement represents the entire
understanding between the Parties with regards to the subject matter of this Agreement and there
are no oral or collateral agreements or understandings. This Agreement may be amended only
by an instrument in writing signed by t.he Parties. If any provision of this Agreement is held
invalid or unenforceable, no other provision shall be affected by such holding, and all of the
remaining provisions of this Agreement shal1 continue in full force and effect.
6. Governing La.w. This Agreement shall be governed by the Jaws of the State of
Colorado. Jurisdiction and venue shall be proper and exclusive in the district court for Jefferson
County, Colorado.
2
Exhibit A
7. Responsibility. Each Party shall remain responsible for the acts and omissions of
its own officials, employees and agents and shall not be responsible for the acts or omissions of
the officials, employees or agents of the other Party. Neither Party waives the rights, limitations,
and defenses available to it under the Colorado Governmental bnmunity Act, C.R.S. § 24-10-
l 01, er seq ., as may be amended from time to time, or any other rights or protections otherwise
provided by law.
8. Non-Appropriation/(fABOR. The Parties understand and acknowledge that the
City of Wheat Ridge is subject to Article X § 20 of the Colorado Constitution ("TABOR''). The
Parties do not intend to violate the terms and requirements of TABOR by the execution of this
Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year
direct or indirect debt or obligation within the meaning of TABOR and, therefore,
notwithstanding anything in this Agreement to the contrary, all payment obljgations of Wheat
Ridge are expressly dependent and conditioned upon the continuing availability of funds beyond
the tenn of the City of Wheat Ridge's current fiscal period ending upon the next succeeding
December 3 I. Financial obligations of Wheat Ridge payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted, and otheJWise made
available in accordance with the rules, regulations, and resolutions of Wheat Ridge and other
applicable law. Notwithstanding any other provision of this Agreement concemmg termination,
upon Wheat Ridge's failure to appropriate such funds, this Agreement shall automatically
terminate.
9. No Third Party Beneficiari.es. Enforcement of the tenns and conditions of this
Agreement and all rights of action relating to such enforcement shall be strictly reserved to the
Parties, and nothing contained in this Agreement shaH 1:,,-jve or allow any such claim or right of
action by any other person or entity not a party to this Agreement.
l 0. Execution in Counterparts; Further Assurances. This Agreement may be
executed by the Parties with separate signature pages, each of which shall constitute an original
and together which shall constitute one and the same agreement. The Parties shall execute any
other documents and to take any other action necessary to carry out the intent of this Agreement.
IN WITNESS WHEREOF, the Parties have caused the Agreement to be duly executed
as of the date first written above.
3
AITEST:
irector
ATTEST:
Janelle Shaver. City Clerk
Exhibit A
WHEAT RIDGE URBAN RENWAL
AUTHORITY d/b/a RENEWAL WHEAT
RIDGE
By:~ _ ,Chair
. tiD .
CITY OF\VHEAT RIDGE
Jerry DiTullio, Mayor
4
Exhibit A
EXHIBIT A
Legal Description of the Property
PARCEL A:
THE NORTH 198 FEET OF TRACT 1, ADKINS SUBDIVISION, EXCEPT THAT
PORTION CONVEYED TO THE CITY OF WHEAT RIDGE BY INSTRUMENT
RECORDED OCTOBER 26, 1992 AT RECEPTION NO. 92136103, COUNTY OF
JEFFERSON, STATE OF COLORADO.
PARCELB:
THE SOUTH 30 FEET OF THE NORTH 228 FEET OF TRACT 1, ADKINS
SUBDIVJSION, COUNTY OF JEFFERSON, STATE OF COLORDO.
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