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HomeMy WebLinkAboutCity Council Agenda Packet 10/14/20136:30p.m.-The Arts Council of Wheat Ridge will dedicate the fox sculpture located at the City Hall front entry plaza. Please join the artist, the Arts Council of Wheat Ridge and the Cultural Commission for the dedication 6:45-Pre-Meeting CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING October 14, 2013 7:00p.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 September 23, 2013 PROCLAMATIONS AND CEREMONIES CITIZENS' RIGHT TO SPEAK a. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 Minutes and sign the Public Comment Roster. b. Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be heard. APPROVALOFAGENDA ~ CONSENTAGENDA a. Motion to approve award of ITB-13-24 29th Avenue Storm Sewer to JBS Pipeline Contractors, Commerce City, CO, in the contract amount of $830,484.50 with a contingency amount of $83,000 and that the Director of Public Works be authorized to issue change orders up to a total contract and contingency amount of $913,484.50 CITY COUNCIL AGENDA: October 14 , 2013 Page -2- CONSENTAGENDA~on~ b. Motion to cancel the Study Sessions of October 21st and November 4th, 2013 c . Resolution 38-2013-approving a contract with the Colorado Department of Transportation for Maintenance of Traffic Signals . d. Resolution 40-2013-approving submittal of an application for a 2014 Local Government Grant to Jefferson County Open Space for the relocation of Clear Creek Trail West of Kipling from 41st Ave. to Open Space North of 41st Ave. e. Motion to approve payment of the Sales Tax Increment for September of Fiscal Year 2013 from the Town Center Project in the amount of $70 ,606 .58 to Renewal Wheat Ridge PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Public Hearing on the 2014 proposed budget ~ 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 4. Resolution 41-2013-adopting the updated Northwest Subarea Plan and, by such adoption, amending the Wheat Ridge Comprehensive Plan (Case No. WPA-13-01/NW Subarea) CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING September 23, 2013 Mayor DiTullio called the Regular City Council Meeting to order at 7:00 p.m. ROLL CALL OF MEMBERS Joyce Jay Davis Reinhart Joseph DeMott Tracy Langworthy Mike Stites George Pond Absent: Kristi Davis, Bud Starker Also present City Clerk, Janelle Shaver; City Attorney, Gerald Dahl; Community Development Director, Ken Johnstone; Public Works Director, Scott Brink; Commander Jim Lorentz; other staff, guests and interested citizens. APPROVAL OF MINUTES OF September 9, 2013 Motion by Councilmember Stites for approval of the Minutes of September 9, 2013; seconded by Councilmember DeMott carried 5-0, with Mr. Pond abstaining. PROCLAMATIONS AND CEREMONIES First Responder Appreciation Day A proclamation designating September 27, 2013 as First Responder Appreciation Day was read by Mayor DiTullio. Commander Jim Lorentz was on hand to receive the award . Mayor DiTullio thanked all the first responders for the work they've done across Colorado the last two weeks with the floods. He also observed a moment of silence for the victims who were lost in the recent floods. CITIZENS' RIGHT TO SPEAK Larry Welshon (Edgewater), a staff member at Alpine School in Wheat Ridge, asked Council to look at the training program for police . He related a recent incident that happened at the school when the police aggressively detained two students at Alpine School when they were in search of a burglary suspect. The Police Chief has sent Officer Lorentz to work with them on communication . Mr. Welshon hopes for better communication, but also thinks there is an attitudinal problem. Two students were stopped at gunpoint as they unknowingly exited the school, and were handcuffed and City Council Minutes September 23, 2013 Page 2 detained for 15 minutes. When he came outside and identified himself as a school administrator and said the boys were his students, the officers rejected his authority as a school official and said the boys had to be detained for officer protection . He urged the Council to consider whether the policy around officer protection policy is consistent with exceptional people providing exceptional services. Carlos Duran-Rael (Lakewood), a student who was involved in the incident at Alpine School, gave his perspective of what happened . His concern was that when the boys said they were students at the school the officers made no effort to verify it, and when Mr. Welshon came out and said they were students it was dismissed. Angela Duran (Lakewood), Carlos's mother, asked why guns needed to be drawn . Her son's behavior was not like that of a burglar, but the officers remained forceful and aggressive and continued to yell at the boys throughout. As a mother she is plagued by what might have happened if her son had panicked and acted in any other way than a calm manner. She thinks the officers displayed excessive force . She taught in Denver Public Schools and doesn't believe this would have happened there. A call should have been made to the school so the school could lock down. Neil Poe (Georgetown), a student at Alpine, said he walked out of the school and was put in handcuffs by the police. He was spoken to rudely even after he was released. Later when he asked what was going on he was told he looked like someone who would rob a house. He wonders why he was handcuffed as he exited the school and presumed to be guilty. Jane Poe (Georgetown), Neil's mother, expressed two concerns. She wonders what provoked such a harsh reaction to these kids who were on school grounds and for her son to be put in handcuffs as he walked out the door. Her second concern is that no one from the police department called her about this. Her son was in handcuffs for 15 minutes and no one communicated that to her. She thinks that policy needs to change. Aaron Cure (Wheat Ridge), whose daughters attend Alpine School, said he spent time in the military and understands gun safety. He wants to know why guns were used and asks that the policy be looked at-along with the school liaison policy. Arlene Hartlaub (Littleton), an Alpine School parent who worked as a contract mediator for the Denver Police Department, said it looks like the officer started this . There are 25 kids who need to have several officers go and explain what went on. They need to know why a child says "May I help you," and has a gun pulled on him. There's a public relations problem and it needs to be addressed and fixed. Alex Eliasen (Evergreen), an Alpine School student, said after the guns were drawn and the handcuffs were on, the threat was resolved. He wonders why the aggressive behavior continued. City Council Minutes September 23, 2013 Page 3 Kelton Hartern, a student, said he looked out the window and saw Carlos having a gun drawn on him. He doesn't think it's right and thinks some changes should be made. Commander Lorentz explained that an investigation of the incident is underway. A sergeant in charge of professional standards is conducting a thorough, accurate, consistent investigation and it will be done in as timely a manner as possible. Karen Thaler, candidate for City Council, related how she had a code violation problem with one of her campaign signs because it was too large. The sign has been corrected and she thanked Officers Mosier and Coddington for giving her 48 hours to comply. APPROVAL OF AGENDA Mayor DiTullio announced that Item 3 would be pulled from the agenda due to a need to modify the contract. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 1.:. Council Bill No. 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 Mayor DiTullio opened the public hearing. Councilmember DeMott introduced Council Bill 13-2013. Clerk Shaver assigned Ordinance No. 1543 Staff presentation: Mr. Dahl explained that passage of the ordinance requires 5 votes of Council and after the hearing he would give them some options. Attorney Chris Price gave the staff presentation. The ordinance addresses retail (recreational) marijuana sales, cultivation, manufacturing of marijuana products and marijuana testing facilities. As per Council's direction at a study session the ordinance mirrors the City's current regulations for medical marijuana, which include: • Cultivation facilities will only be permitted adjacent to retail marijuana stores. • The same spacing limitations will apply. • Zoning will not change. The main difference is that the City will allow the colocation of retail marijuana stores with medical marijuana stores. Citizen comments: City Council Minutes September 23, 2013 Page4 Sandy Bedore, who recently opened a medical marijuana dispensary and grow operation on 291h Avenue in Wheat Ridge, expressed support for the ordinance. They have a great working relationship with the City and passed extensive background and financial checks. They are going above and beyond the laws and regulations. The recreational sales will provide a dozen well-paying jobs. Their employees are well- educated and are law-abiding citizens. She wants to work with the City in the implementation of recreational marijuana and said she'd be happy to join any work sessions to provide the business perspective as rules and regulations are further refined. Council discussion: none Mr. Dahl pointed out that the ordinance needs 5 votes to pass . Since two of the councilmembers who support this ordinance are absent tonight, the majority may want to consider either 1)continuing the hearing to a later date certain , or 2) closing the hearing and continuing the matter for action only. Mayor DiTullio clarified that if the ordinance passes by a vote of 4-2, it actually fails. Motion by Mr. DeMott to continue the public hearing for Council Bill 13-2013 to next City Council meeting on Oct 14 ; seconded by Councilmember Reinhart ; carried 6-0 . DECISIONS, RESOLUTIONS AND MOTIONS 2. Resolution 37-2013 -approving Rules and Regulations for the purpose of managing certain Real Property for Recreational Gold Panning Councilmember Langworthy introduced Resolution 37-2013 . At issue is an area of land west of 1-70 and Youngfield adjacent to Clear Creek that is within the City limits and is owned by Jefferson County . Because the area is not part of either County or City open space , the gold panning that occurs there in the creek is not managed. The activity is impacting trail use and compromising the integrity of the creek bed and banks. For many years responsible recreational gold panners have requested that rules be created and enforced in the area. Motion by Councilmember Langworthy to approve Resolution No. 37-2013, a resolution approving Rules and Regulations for the purpose of managing certain real property for recreational gold panning ; seconded by Councilmember DeMott ; carried 6-0. ~ Resolution 38-2013-approving a contract with the Colorado Department of Transportation for maintenance of Traffic Signals City Council Minutes September 23, 2013 Page 5 Removed from the agenda. 4. Resolution 39-2013 -amending the Fiscal Year 2013 Capital Investment Program Budget to reflect the approval of a Supplemental Budget Appropriation in the amount of $325,000 for the purpose of providing the funding to Renewal Wheat Ridge for the purchase of property at 7690 W. 38th Ave. and 3790 Yukon Court Councilmember Stites introduced Resolution 39-2013 Motion by Councilmember Stites to approve Resolution No. 39-2013, a resolution amending the fiscal year 2013 Capital Investment Program Budget to reflect the approval of a supplemental budget appropriation in the amount of $325,000 for the purpose of providing funding to Renewal Wheat Ridge for the purchase of property at 7690 W. 38th Ave and 3790 Yukon Court; seconded by Councilmember Jay. Councilmember Reinhart had concerns about the risk for environmental remediation and asked if Council could put restrictions on the sale pending the results of the environmental report. Mr. Dahl said the funds are for purchase and the closing is set for Oct 3. The environmental study will happen after that. If the Council conditions the money going to Urban Renewal on an environmental condition that can't be satisfied or reviewed by Council prior to closing, Urban Renewal won't have access to the funds and won't be able to close on Oct. 3. Ken Johnstone said staff is sensitive to the gap that is likely for remediation costs. He reminded council that the Bank of Denver has agreed to fund up to $50,000 for clean- up. Staff has identified other potential funding sources, such as asking for more money from the Bank of the Denver; EPA clean-up grants available for up to $200,000; or having Urban Renewal use tax increment financing to recoup the cost. Mr. Johnstone gave a presentation on the acquisition of the property (SE corner of 38th & Yukon Ct.) as it relates to the redevelopment of the entire SW comer of 38th & Wadsworth. Permission from the State for full turning access from/onto Wadsworth is unlikely, so access via Yukon Court onto 38th Avenue is essential for commercial viability. Phase I of the environmental process is completed. Phase II will include drilling due to the previous occupants [dry cleaners]. Testing and analysis are ongoing; remediation will be required. He repeated the potential funding sources for required remediation and stressed how critical this property is. $390,000 is a fair purchase price, the developers are interested, and timing is important. Tony Curcio from Family Environmental, the company the City is working with for the environmental process, explained the sampling that has been done to search for soil and groundwater contamination. Relatively low deposits of dry cleaner fluid were found in shallow locations. He went through the steps that have and will be taken for City Council Minutes September 23, 2013 Page6 remediation to receive a "No further action" determination from the state . This process could take from 2-5 years . It is a small amount of contamination and this time frame is not uncommon. Questions and discussion followed. Motion carried 6-0. 5. Motion to appoint Brandy Bauer to the Liquor Authority representing District IV Councilmember DeMott introduced agenda Item #5 Motion by Councilmember DeMott to appoint Brandy Bauer to the Liquor Authority Board, term to expire March 2 , 2016 ; seconded by Councilmember Langworthy; carried 6-0 . CITY MANAGER'S MATTERS none CITY ATTORNEY'S MATTERS Mr. Dahl brought up the matter of the November meeting schedule he addressed in a recent email to the Council. Council has time to consider what they want to do- factoring for the swearing in of the new elected officials and the fact that November 11 is a holiday. CITY CLERK'S MATTERS Clerk Shaver reminded folks to be sure they are registered to vote . ELECTED OFFICIALS' MATTERS Joseph DeMott thanked Brandi Bauer for volunteering to serve on the Liquor Board and wished her well. George Pond encouraged citizens to continue to look into the budget and become aware of the issues. Tracy Langworthy announced the formation of a group called "A Little Help". It will provide help for seniors in Wheat Ridge with things like household chores, rides, etc. If you are interested in participating, the organizational meeting will be held Thursday, September 26, at 6PM at Right Coast Pizza. The contact person is Amanda Greg , 720- 220-6079 or amanda@alittlehelp.org City Council Minutes September 23, 2013 Page 7 Mike Stites passed out a candidate questionnaire he received from WR2020 last week and read some of the questions. He thinks it's extremely political. He asked for clarification if WR2020, funded by the taxpayers as a non-profit, should be political. Mr. Dahl agreed that WR2020 is a non-profit corporation that was set up by the City and is funded by the City, but said they are not government and are not subject to the Fair Campaign Practices Act which prohibits cities and the state from spending money • advocating for/against candidates and issues. Although funded by the City, WR2020 is not an agency of the City and they can spend money on campaigns. He also said it is absolutely fair for the Council to choose to fund WR2020 as they see fit depending on how they feel about what WR2020 is doing. -Mike's positive thing : Check with your neighbors to see if they need help cleaning up after the storms . Meeting adjourned at 8:24pm, to reconvene to a Study Session at 8:30pm. APPROVED BY CITY COUNCIL ON October 14, 2013 BY A VOTE OF __ to __ Davis Reinhart, Mayor pro tern The preceding Minutes were prepared according to §47 of Robert's Rules of Order, i.e. they contain a record of what was done at the meeting, not what was said by the members. Recordings and DVD's of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions . ~\. .... ... City of :?WheatRl__dge ITEM NO:~. DATE: October 14,2013 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE AWARD OF ITB-13-24 29TH A VENUE STORM SEWER TO JBS PIPELINE CONTRACTORS, COMMERCE CITY, CO, IN THE CONTRACT AMOUNT OF $830,484.50 WITH A CONTINGENCY AMOUNT OF $83,000 AND THAT THE DIRECTOR OF PUBLIC WORKS BE AUTHORIZED TO ISSUE CHANGE ORDERS UP TO A TOTAL CONTRACT AND CONTINGENCY AMOUNT OF $913,484.50 0 PUBLIC HEARING C8J BIDS/MOTIONS 0 RESOLUTIONS ISSUE: 0 ORDINANCES FOR 1sT READING 0 ORDINANCES FOR 2ND READING D YES The 29th A venue Storm Sewer Project provides new stonn sewer to reduce flooding in the neighborhood encompassing Fenton St., Sheridan Blvd., and 29th and 261h Avenues. This project will install new storm sewer along 29th A venue and Benton Street. The project scope also includes construction of pipes, inlets, manholes and detention ponds to properly route storm water away from properties that have been experiencing flooding from significant rain storms. On September 23 , 2013 , four bids were received. The apparent lowest bidder was JBS Pipeline Contractors , Commerce City, CO, in the amount of$830,484.50. Staffverified the bid results and determined that JBS Pipeline Contractors ' bid met all of the bid requirements. The company's references and experience were evaluated by Public Works staff as a basis for recommendation. PRIOR ACTION: None 29th Avenue Storm Sewer Project October 14 , 2013 Page2 FINANCIAL IMPACT: Funding for this program has been approved in the Major Drainage Improvement Projects line item of the 2013 Capital Improvement Program budget in the amount of $850,000. Staff recommends an amount of $63,500 of available funds be transferred from the Police Radio Repeater Site account to the Major Drainage Improvements Project account. This amount is needed to increase the project contingency to an amount of 10% to adequately cover the estimated project budget. BACKGROUND: The neighborhood bounded by Fenton , Sheridan , 26th and 29th A venues has experienced drainage problems for many years. This particular area is simply lacking an adequate stonn sewer system to handle drainage flows , and flooding is occasionally experienced. Due to the topography , this area is in the lower portion of the basin and therefore receives storm water from the north, with no storm sewer system to contain the flow and properly route and convey storm water along the streets . A new storm sewer is needed and will be designed to capture stonn water and route the flow through a series of inlets and pipes to downstream locations , to both CDOT's system on Sheridan Boulevard and the City's proposed detention basin at the Richards-Hart Estate. This should reduce the street flow and keep properties from receiving such flow onto the properties. The system is designed to capture 100% of the water from minor storms and will reduce the water runoff for the major stonns. Construction of the detention basin at Richards-Hart Estate is also included as part of this project. During the design course , the City successfully negotiated with Denver Water, through the Ashland Reservoir project, to utilize one of its decommissioned conduits as a trunk line for the proposed storm sewer system. This would minimize the construction impact and offer project cost savings overall. This trunk line is located on 29 1h A venue which extends from Fenton Street to Sheridan Boulevard. As per the final sewer system alignment, a short pipe segment is located within Denver Water's property. As a result , obtaining a license agreement from Denver Water is needed to allow the pipe connection to CDOT's system on Sheridan Boulevard. Staff is coordinating with Denver Water to secure the license agreement prior to construction . Bids for the ITB-13-24 29th Avenue Stonn Sewer Project were opened on September 23 , 2013. Four bids were received. One bid was disqualified due to incomplete submittal of required forms. Three bids met the initial bid requirements and all are above budget, which was a range from $700 ,000 to $800 ,000. The bids submitted ranged from $830 ,484.50 to $928,355. The engineer's estimate was $768 ,067. The apparent low bidder is JBS Pipeline Contractors , Commerce City, CO , with the bid amount of$830,484 .50. Award is based on the lowest responsive and responsible bid that meets all of the bid requirements and bidder qualifications. Although the lowest bid is above the advertised budget range , the project can be funded to award the lowest bidder provided that some additional funds can be allocated to cover the project contingency. Specifically, an amount of$63,500 needs to be transferred to the project account to 29t h Avenue Storm Sewer Project October I4, 20I3 Page 3 establish a I 0% contingency. Staff determined that the option of rebidding could result in higher costs due to the uncertainty of construction demand from other projects, including the recent projects caused by the massive flooding in the northern part of the state. Rebidding would also delay the project. Therefore, staff recommends against rebidding. The lowest responsible and responsive bidder, JBS Pipeline Contractors , Commerce City, CO has met the bid and qualification requirements. Based upon the contractor's demonstrated capabilities and experience, Staff recommends award to JBS Pipeline Contractors. A 10% contingency amount of $83,000 is requested to allow the cost of other items related to the project. Staff assessed the criteria for contribution to the I% Public Art Fund for this project per Ordinance I5-02 and determined that allocation of funds is not required. RECOMMENDATIONS: Based upon the contractor's demonstrated capabilities and performance on previous projects and the bid being within the budgeted cost range, staff recommends awarding the contract to JBS Pipeline Contractors , in the bid amount of $830,484.50. The contract is contingent upon the acquisition of the license agreement with Denver Water, which would allow the pipe connection to CDOT's system. RECOMMENDED MOTION: "I move to approve award of ITB-I3-24 29th A venue Stonn Sewer to JBS Pipeline Contractors, Commerce City, CO, in the contract amount of$830,484.50 with a contingency amount of$83 ,000 and that the Director of Public Works be authorized to issue change orders up to a total contract and contingency amount of $913 ,484.50." Or, "I move to deny the award ofiTB-13-24 29th Avenue Storm Sewer to JBS Pipeline Contractors , Commerce City, CO , for the following reason(s) " REPORT PREPARED/REVIEWED BY: Report Prepared by: Steve Nguyen, Engineering Manager Report Reviewed by: Scott Brink, Director of Public Works , Jennifer Nellis , Purchasing Agent, Patrick Goff, City Manager ATTACHMENTS: I. Bid Tab Sheet 2 . Project Map Subject to review for completeness and accuracy . w£~~t~e PROJECT: ITB-13-24 29th AVENUE STORM SEWER PROJECT DUE DATE/TIME: MONDAY, SEPTEMBER 23,2013 BY 1 P.M. LOCAL TIME REQUESTED BY: MARK WESTBERG, PUBUC WORKS· ENGINEERING~ OPENED BY: JENNIFER NELUS, PURCHASING AGENT. WITNESSED BY: BRUCE ROOME, DEPUTY CLERK EDGE Contracting, JBS Pipeline VENDOR Duran E.xcavating, Inc. Inc. Contractors NeZhoni Construction LOCATION Greeley, CO Golden, CO Commerce City, CO Kaysville, UT BIDDER ACKNOWLEDGEMENT FORM YES YES YES YES ACKNOWLEDGE ADDENDA (3) YES YES YES YES CONTRACTOR'S QUALIFICATION FORM YES YES YES YES NON-DISCRIMINATION ASSURANCE FORM YES YES YES YES ILLEGAL ALIEN COMPLIANCE YES YES YES YES LIST OF SUB-CONTRACTORS YES YES YES NO NON -COLLUSION AFFADAVIT YES YES YES YES BID BOND YES YES YES YES BASE BID, TOTAL: $ 928,355 .00 $ 890,709.50 $ 830,473 .39 Disqualified • page 1 ofl Attachment 1 ~ • n :s" 3 • :a .. N v . . . . . HARLANST L - - \... ~ I~ GRAYST J ~ ~ INGALLS INGALLSST l [ - r • r I l SHERIDAN BLVD 0 I 0 1\) I ...... 1\) 1\) <0 -;:r fR ~ z ~ c m ~ en 1\) b ~ ::0 ~ en m :e m ::0 "1J ::0 0 '-m ~ ~~A~ .... ~ ., City of • :rwheatRi_dge ITEM NO:~ DATE: October 14 ,2013 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO CANCEL THE STUDY SESSIONS OF OCTOBER 21 AND NOVEMBER 4, 2013 0 PUBLIC HEARING ~ BIDS/MOTIONS 0 RESOLUTIONS 0 ORDINANCES FOR 1sT READING 0 ORDINANCES FOR 2N° READING QUASI-JUDICIAL: 0 YES ~ NO CiQ~~ ISSUE: At this time, there are no items listed for consideration for either the October 21 st or November 4th , 2013 , Study Sessions. The City is an official polling location and the Council Chambers must be set up on the evening of November 4th for the general election on November 5th. FINANCIAL IMPACT: None RECOMMENDATIONS: Staff recommends the cancellation ofthe October 21 and November 4 , 2013 Study Sessions. RECOMMENDED MOTION NO.1: "I move to cancel the City Council Study Session scheduled for October 21 ,2013 , because no items have been scheduled for that date." Or, "I move to maintain the regularly scheduled Study Session of October 21 ,2013 , for the following reason( s) " Council Action Form -Study Session Cancellations October 14 , 2013 Page2 RECOMMENDED MOTION NO.2: "I move to cancel the City Council Study Session scheduled for November 4 , 2013 due to the General Election date ofNovember 5, 2013." Or, "I move to maintain the regularly scheduled Study Session ofNovember 4 , 2013 , for the following reason(s) " REPORT PREPARED/REVIEWED BY: Patrick Goff, City Manager ~· ... .... • City of JP"WheatR.i__dge ITEM NO:~, DATE: October 14 ,2013 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 38-2013 -A RESOLUTION APPROVING A CONTRACT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR MAINTENANCE OF TRAFFIC SIGNALS 0 PUBLIC HEARING D BIDS/MOTIONS 1:8] RESOLUTIONS QUASI-mDICIAL: / ISSUE: D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2ND READING D YES 1:8] NO Ci~ The current agreement to maintain CDOT traffic signals at I-70 and 32nd Avenue is expiring and the City wishes to continue the maintenance. Procuring a new agreement is necessary to accomplish this task. Three traffic signals at the I-70 /32nd A venue Interchange owned by the Colorado Department of Transportation (COOT) are currently being operated and maintained by the City. The City is eligible to receive compensation for maintaining these CDOT-owned facilities. The attached Intergovernmental Agreement (IGA) provides for payment of$280 per month per traffic signal for a term of five years. The total yearly compensation will be $10 ,080. PRIOR ACTION: The City Council approved an IGA with CDOT authorizing the previous agreement on August 11 , 2008 , to maintain the traffic signals. FINANCIAL IMPACT: The City will receive $10 ,080 per year to maintain three traffic signals at the I-70/32nd Avenue Interchange. Traffic Signal Maintenance September 23, 2013 Page2 BACKGROUND: In 2011 , City and CDOT staffs discussed maintenance obligations concerning new highway and street facilities that would be constructed to accommodate the proposed Cabela's shopping center. CDOT currently requires ownership of traffic signals that control vehicles entering and leaving state freeways, including I-70 and SH58. Because the traffic signals (both existing and proposed) should be coordinated with City-owned traffic signals , CDOT has agreed to City operation and maintenance of the CDOT signals. With the delay in a large redevelopment project in this area, staff pursued a maintenance contract with CDOT for the existing traffic signals at the I-70/32"d A venue Interchange. These signals are located at the west-bound on/off ramp intersection with 32"d Avenue, at the east-bound off ramp intersection with Youngfield Street and at the eastbound on ramp intersection with Youngfield Street. Once new highway improvements, including new traffic signals are in place, the maintenance agreement will be amended. Until such time when new highway and streets referenced above are built, the City and CDOT wish to continue maintaining the current agreement. Execution of a new agreement is now required as the current one is expiring. The City Attomey has reviewed and approved the proposed contract with CDOT. RECOMMENDATIONS: Staff recommends continuing to maintain these existing traffic signals utilizing City staff. This will ensure that these signals will operate in a coordinated manner with the City's adjacent signals . RECOMMENDED MOTION: "I move to approve Resolution No. 38-2013, a resolution approving a contract with the Colorado Department of Transportation for maintenance of traffic signals." Or, "I move to postpone indefinitely Resolution No. 38-2013 , a resolution approving a contract with the Colorado Department ofTransportation for maintenance of traffic signals , for the following reason( s) " REPORT PREPARED/REVIEWED BY: Steve Nguyen, Engineering Manager Scott Brink, Director of Public Works Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 39-2013 2. CDOT Contract 3 . Traffic Signal Map CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 38 Series of 2013 TITLE: A RESOLUTION APPROVING A CONTRACT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR MAINTENANCE OF TRAFFIC SIGNALS WHEREAS, the City Council wishes to cooperate with the Colorado Department of Transportation concerning maintenance of traffic signals in the City; and WHEREAS, the City has negotiated a contract with the Colorado Department of Transportation for the City to maintain three traffic signals at the l-70/32"d Avenue Interchange; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, that: Section 1. Contract Approved. The contract between the City and the Colorado Department of Transportation for maintenance of three traffic signals at the l-70/32"d Avenue Interchange is hereby approved and the Mayor and City Clerk are authorized and directed to execute the same. Section 2. Effective Date ______ _ This Resolution shall be effective immediately upon adoption . . DONE AND RESOLVED this __ day of _____ , 2013. Jerry DiTullio, Mayor ATTEST: Janelle Shaver, City Clerk · Attachment 1 (State $Signal Mtce) City of Wheat Ridge REGION 1, jh CONTRACT Rev 9/13 14 HA1 61088 271001916 THIS CONTRACT made this _ day of _______ 20_, by and between the State of Colorado for the use and benefit of the Colorado Department ofT ransportation hereinafter referred to as the State and the City of Wheat Ridge , 7500 West 29111 Avenue, Wheat Ridge, Colorado 80033, COOT Vendor#: 2000099, hereinafter referred to as the "Local Agency'' (or "Contractor" in th Special Provisions). RECITALS 1 . Authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a sufficient uncommitted balance thereof remains available for payment of project and Local Agency costs in Fund Number 400 , Function 2300, GL Acct. 451000011, WBS Element or Cost Center R658M -01 0 , (Contract Encumbrance Amount: $1 0,080.00). 2. Required approval, clearance and coordination have been accomplished from and with appropriate agencies. 3. Section 43 -2-135(1 )(i) C.R.S., as amended , requires the State to install, operate, maintain and control , at State expense , all traffic control devices on the state highway system within cities and incorporated towns; and ; 4. The parties desire to enter this Contract for the Contractor to provide some or all of the certain maintenance services on state highways that are the responsibility of the State under applicable law, and for the State to pay the Contractor a reasonable negotiated fixed rate for such services ; 5 . The parties also intend that the Contractor shall remain responsible to perform any services and duties on state highways that are the responsibility of the Contractor under applicable law, at its own cost; 6. The State and the Contractor have the authority, as provided in Sections 29-1-203 , 43-1-106, 43-2-103,43-2-104, and 43-2-144 C .R.S., as amended , and in applicable ordinance or resolution duly passed and adopted by the Contractor, to enter into contract with the Contractor for the purpose of maintenance of traffic control devices on the state highway system as hereinafter set forth ; and 7 . The Contractor has adequate fac ilities to perform the desired maintenance services on State h ighways within its jurisdiction . Attachment 2 Page 1 of 11 THE PARTIES NOW AGREE THAT: Section 1. Scope of Work All of the specific location(s) and type(s)of traffic control device(s)to be operated and maintained by the Contractor pursuant to this contract are described in Exhibit A, attached hereto and incorporated herein. Such services and highways are further detailed in Section 5. Section 2. Order of Precedence In the event of conflicts or inconsistencies between this contract and its exhibits, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority : 1 . Special Provisions contained in section 23 of this contract 2. This contract 3. Exhibit A (Scope of Work) 4. Exhibits D and E (Contract Modification Tools) 5. Other Exhibits in descending order of their attachment. Section 3. Term This contract shall be effective upon the date signed/approved by the State Controller, or designee , or on July 1, 2013 , whichever is later. The term of this contract shall be for a tenn of FIVE (5) years. Provided , however, that the State's financial obligation for each subsequent, consecutive fiscal year of that term after the first fiscal year shall be subject to and contingent upon funds for each subsequent year being appropriated , budgeted, and otherwise made available therefor. Section 4. Project Funding and Payment Provisions A . The Local Agency has estimated the total cost of the work and is prepared to accept the state funding for the work , as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized representatives of the Local Agency, which expressly authorizes the Local Agency to enter into this contract and to complete the work under the project. A copy of this ordinance or resolution is attached hereto and incorporated herein as Exhibit B. B. Subject to the terms of this Contract, for the satisfactory performance of the maintenance services on the Highways, as described in Section 5 , the State shall pay the Contractor on a lump sum basis , payable in monthly installments, upon receipt of the Contractor's statements, as provided herein . 1 . The State shall pay the Contractor for the satisfactory operation and maintenance of traffic control devices under this contract at the rates described in Exhibit C, which is attached hereto and made a part hereof. Provided, however, that the total charges to be paid by the State during each fiscal year beginning July 1 and ending June 30 of the following year shall not exceed a maximum amount of $10,080 .00 without the benefit of a supplemental agreement executed prior to any such excess charges being incurred. The maximum contract total shall not exceed the cumulative five -year total of $50 ,400.00 . Contractor billings and State payments for each of the traffic control devices listed in Page 2 of 11 Exhibit A shall be on a "lump sum" basis, in accordance with the rates described in Exhibit C, subject to the maximum amount described above. The Contractor will bill the State monthly and the State will pay such bills within 60 days. 2. The statements submitted by the Contractor for which payment is requested shall contain an adequate description of the type(s) and the quantity(ies) of the maintenance services performed, the date(s) of that performance, and on which specific section of the Highways such services were performed, in accord with standard Contractor billing standards. 3. If the Contractor fails to satisfactorily perform the maintenance for a segment of the Highways (or portion thereof), or if the statement submitted by the Contractor does not adequately document the payment requested, after notice thereof from the State, the State may deduct and retain a proportionate amount from the monthly payment, based on the above rate, for that segment or portion. Section 5. State and Local Agency Commitments A. The Contractor shall perform the "highway maintenance services" for the certain State Highway System segments described herein. Such services and highways are detailed in Section 1 (or Exhibit A). B. The Contractor shall operate and maintain the specific traffic control devices, and at the particular locations, all as listed on Exhibit A ("the Work"), in a manner that is consistent with current public safety standards on state highways within its jurisdictional limits, and in conformance with applicable portions of the "Manual on Uniform Traffic Control Devices" and the "Colorado Supplement" thereto, which are referred to collectively as the "Manual" and which are incorporated herein by reference as terms and conditions of this Contract. The Contractor shall provide all personnel, equipment, and other services necessary to satisfactorily perform such operation and maintenance. C. The State shall have the option to add or delete, at any time during the term of this Contract, one or more specific traffic control devices to the list shown in Exhibit A and therefore amend the Work to be performed by the Contractor under this Contract. The State may amend Exhibit A by written notice to the Contractor using an Option Letter substantially equivalent to Exhibit D. D. The Contractor may propose, in writing, other potential specific traffic control devices to be operated and maintained by the Contractor during the term of this contract, based on the same rates that had been initially agreed to by the Contractor in Exhibit C. If the State determines in writing that operation and maintenance of those other devices by the Contractor is appropriate, and is desirable to the State, and if the State agrees to add such devices to this contract, then the State shall, by written Option Letter issued to the Contractor in a form substantially equivalent to Exhibit D, add such devices to this contract. E. The Contractor shall perform all maintenance services on an annual basis. The Contractor's performance of such services shall comply with the same standards that are currently used by the State for the State's performance of such services, for similar type highways with similar use, in that year, as determined by the State. The State's Regional Transportation Director, or his representative, shall determine the then current applicable Page 3 of 11 maintenance standards for the maintenance services. Any standards/directions provided by the State's representative to the Contractor concerning the maintenance services shall be in writing. The Contractor shall contact the State Region office and obtain those standards before the Contractor performs such services. F. The Contractor shall perform the maintenance services in a satisfactory manner and in accordance with the terms of this Contract. The State reserves the right to determine the proper quantity and quality of the maintenance services performed by the Contractor, as well as the adequacy of such services, under this Contract. The State may withhold payment, if necessary, until Contractor performs the maintenance services to the State's satisfaction. The State will notify the Contractor in writing of any deficiency in the maintenance services. The Contractor shall commence corrective action within 24 hours of receiving actual or constructive notice of such deficiency: a) from the State; b) from its own observation; or c) by any other means. In the event the Contractor, for any reason, does not or cannot correct the deficiency within 24 hours, the State reserves the right to correct the deficiency and to deduct the actual cost of such work from the subsequent payments to the Contractor, or to bill the Contractor for such work. G. Performance Measures shall be accounted for within the duration of this contract and will be associated with signal/electrical maintenance. These Measures shall be addressed quarterly and for every quarter of the contract. Performance records shall be kept by the Contractor and a copy sent to the COOT Project Manager listed in this contract. The Contractor shall submit performance documentation to the COOT Project Manager semi-annually along with the payment requests every July and January. Performance measures shall be conducted on all devices listed in Exhibit A. Section 6. Record Keeping The Local Agency shall maintain a complete file of all records, documents, communications, and other written materials, which pertain to the costs incurred under this contract. The Local Agency shall maintain such records for a period of three (3) years after the date of termination of this contract or final payment hereunder, whichever is later, or for such further period as may be necessary to resolve any matters which may be pending. The Local Agency shall make such materials available for inspection at all reasonable times and shall permit duly authorized agents and employees of the State and FHW A to inspect the project and to inspect, review and audit the project records. Section 7. Termination Provisions This contract may be terminated as follows: This Contract may be terminated by either party, but only at the end of the State fiscal year (June 30), and only upon written notice thereof sent by registered, prepaid mail and received by the non- terminating party not later than 30 calendar days before the end of that fiscal year. In that event, the State shall be responsible to pay the Contractor only for that portion of the traffic control device maintenance services actually and satisfactorily performed up to the effective date of that termination, and the Contractor shall be responsible to provide such services up to that date, and the parties shall have no other obligations or liabilities resulting from that termination. Section 8. Legal Authority The Local Agency warrants that it possesses the legal authority to enter into this contract Page 4 of 11 and that it has taken all actions required by its procedures, by-laws, and/or applicable law to exercise that authority, and to lawfully authorize its undersigned signatory to execute this contract and to bind the Local Agency to its terms. The person(s) executing this contract on behalf of the Local Agency warrants that such person( s) has full authorization to execute this contract. Section 9. Representatives and Notice The State will provide liaison with the Local Agency through the State's Region Director, Region 1, 2000 South Holly Street, Denver, Colorado 80222. Said Region Director will also be responsible for coordinating the State's activities under this contract and will also issue a "Notice to Proceed" to the Local Agency for commencement of the Work. All communications relating to the day-to-day activities for the work shall be exchanged between representatives of the State's Transportation Region 1 and the Local Agency. All communication, notices, and correspondence shall be addressed to the individuals identified below. Either party may from time to time designate in writing new or substitute representatives. If to State: Alazar Tesfaye, P.E. COOT Region 1 Traffic Operations Manager 2000 South Holly Street Denver, Colorado 80222 (303) 757-9511 Section 10. Successors If to the Local Agency: Scott Brink City of Wheat Ridge Director of Public Works 7500 West 291h Avenue Wheat Ridge, Colorado 80033 (303) 235-2860 Except as herein otherwise provided, this contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Section 11. Third Party Beneficiaries It is expressly understood and agreed that the enforcement of the terms and conditions of this contract and all rights of action relating to such enforcement, shall be strictly reserved to the State and the Local Agency. Nothing contained in this contract shall give or allow any claim or right of action whatsoever by any other third person . It is the express intention of the State and the Local Agency that any such person or entity, other than the State or the Local Agency receiving services or benefits under this contract shall be deemed an incidental beneficiary only. Section 12. Governmental Immunity Notwithstanding any other provision of this contract to the contrary, no term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act,§ 24-10-101, et seq ., C.R.S., as now or hereafter amended. The parties understand and agree that liability for claims for injuries to persons or property arising out of negligence of the State of Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of§ 24-10-101, et seq., C.R.S., as now or hereafter amended and the risk management statutes,§§ 24-30-1501, et seq., C.R.S., as now or hereafter amended. Page 5 of 11 Section 13. Severability To the extent that this contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the contract, the terms of this contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. Section 14. Waiver The waiver of any breach of a term, provision, or requirement of this contract shall not be construed or deemed as a waiver of any subsequent breach of such term, provision, or requirement, or of any other term, provision or requirement. Section 15. Entire Understanding This contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein by writing. No subsequent novation , renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a writing executed and approved pursuant to the State Fiscal Rules . Section 16. Survival of Contract Terms Notwithstanding anything herein to the contrary, the parties understand and agree that all terms and conditions of this contract and the exhibits and attachments hereto which may require continued performance , compliance or effect beyond the termination date of the contract shall survive such termination date and shall be enforceable by the State as provided herein in the event of such failure to perform or comply by the Local Agency. Section 17. Modification and Amendment This contract is subject to such modifications as may be required by changes in federal or State law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this contract on the effective date of such change as if fully set forth herein. Except as provided above, no modification of this contract shall be effective unless agreed to in writing by both parties in an amendment to this contract that is properly executed and approved in accordance with applicable law. A Amendment Either party may suggest renegotiation of the terms of this Contract, provided that the Contract shall not be subject to renegotiation more often than annually, and that neither party shall be required to renegotiate. If the parties agree to change the provisions of this Contract, the renegotiated terms shall not be effective until this Contract is amended/modified accordingly in writing. Provided, however, that the rates will be modified in accordance with applicable cost accounting principles and standards (including sections 24-107- 101, et seq., C.R.S. and implementing regulations), and be based on an increase/decrease in the "allowable costs" of performing the Work. Any such proposed renegotiation shall not be effective unless agreed to in writing by both parties in an amendment to this contract that is properly executed and approved by the State Controller or delegee. Page 6 of 11 B. Option Letter a. The State may increase the quantity of goods/services described in Exhibit A at the unit prices established in the contract. The State may exercise the option by written notice to the Local Agency in a form substantially equivalent to Exhibit D. Delivery/performance of the goods/services shall continue at the same rate and under the same terms as established in the contract. b . The State may also unilaterally increase/decrease the maximum amount payable under this contract based upon the unit prices established in the contract and the schedule of services required , as set by the state . The State may exercise the option by providing a fully executed option to the Local Agency, in a form substantially equivalent to Exhibit D , immediately upon signature of the State Controller or an authorized delegate. Performance of the service shall continue at the same rate and under the same terms as established in the contract. C . State Encumbrance Letter The State may encumber the funds up to the maximum amount allowed during a given fiscal year by unilateral execution of an encumbrance letter in a form substantially equivalent to Exhibit E. The State shall provide a fully executed encumbrance letter to the Local Agency after execution. Delivery/performance of the goods/services shall continue at the same rate and under the same terms as established in the contract. Section 18. Option Letters Option Letters may be used to change the amount of goods/services ordered under this Agreement and increase or decrease the amount of funding as a result of the change in goods/services . The Option Letter shall not be deemed valid until signed by the State Controller or an authorized delegate . The State may unilaterally exercise this option (with prior coordination and communication with the Local Agency) by providing a fully executed option to the Local Agency in a form substantially equivalent to Exhibit D. If the State exercises this option , the contract will be considered to include this option provision. The total duration of this contract, including the exercise of any options under th is clause, shall not exceed five (5) years. Section 19. Disputes Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement will be decided by the Chief Eng ineer of the Department of Transportation. The decision of the Chief Engineer will be final and conclusive unless, within 30 calendar days after the date of receipt of a copy of such written decision , the Local Agency mails or otherwise furnishes to the State a written appeal addressed to the Executive Director of the Department of Transportation. In connection with any appeal proceeding under this clause , the Local Agency shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Local Agency shall proceed diligently with the performance of the contract in accordance with the Chief Engineer's decision. The decision of the Executive Director or his duly authorized representative for the determination of such appeals will be final and conclusive and serve as final agency action. This dispute clause does not preclude consideration of questions of law in connection with decisions provided for here in . Nothing in this contract , however, shall be construed as making final the decision of any administrative official , representative , or board on a question of law. Page 7 of I 1 Section 20. Does not supercede other agreements This Contract is not intended to supercede or affect in any way any other agreement (if any) that is currently in effect between the State and the Contractor for other "maintenance services " on State Highway rights -of -way with in the jurisdiction of the Contractor. Also , the Contractor shall also continue to perform, at its own expense , all such activities/duties (if any) on such State Highway rights -of-ways that the Contractor is required by applicable law to perform . Section 21. Subcontractors The Contractor may subcontract for any part of the performance required under this Contract, subject to the Contractor first obtaining approval from the State for any particular subcontractor. The State understands that the Contractor may intend to perform some or all of the services required under this Contract through a subcontractor. The Contractor agrees not to assign rights or delegate duties under this contract [or subcontract any part of the performance required under the contract] without the express, written consent of the State [which shall not be unreasonably withheld]. Except as herein otherwise provided , this agreement shall inure to the benefit of and be binding only upon the parties hereto and their respective successors and assigns. Section 22. Contract Management System By entering into this Contract, Contractor agrees to be governed , and to abide, by the provisions of CRS §24-1 02 -205 , §24-1 02-206 , §24 -1 03 -601 , §24-1 03 .5-101 and §24 -1 05-1 02 concerning the monitoring of vendor performance on state contracts and inclusion of contract performance information in a statewide contract management system. Contractor's performance shall be evaluated in accordance with the terms and conditions of this Contract, State law, including CRS §24-1 03.5-101 , and State Fiscal Rules, Policies and Guidance . Evaluation of Contractor's performance shall be part of the normal contract administration process and Contractor's performance will be systematically recorded in the statewide Contract Management System. Areas of review shall include , but shall not be limited to quality, cost and timeliness. Collection of information relevant to the performance of Contractor's obligations under this Contract shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of the Statement of Project of this Contract. Such performance information shall be entered into the statewide Contract Management System at intervals established in the Statement of Project and a final review and rating shall be rendered within 30 days of the end of the Contract term. Contractor shall be notified following each performance and shall address or correct any identified problem in a timely manner and maintain work progress. Should the final performance evaluation determine that Contractor demonstrated a gross failure to meet the performance measures established under the Statement of Project, the Executive Director of the Colorado Department of Personnel and Administration (Executive Director), upon request by the Insert Name of your Dept here , and showing of good cause, may debar Contractor and prohibit Contractor from bidding on future contracts. Contractor may contest the final evaluation and result by: (i) filing rebuttal statements , which may result in either removal or correction of the evaluation (CRS §24-1 05-1 02(6)), or (ii) under CRS §24-1 05-1 02(6), exercising the debarment protest and appeal rights provided in CRS §§24-1 09-106 , 107, 201 or 202 , which may result in the reversal of the debarment and reinstatement of Contractor, by the Executive Director , upon showing of good cause. Page 8 of 11 Section 23. Special Provisions These Special Provisions apply to all contracts except whe re noted in italics. 1. CONTROLLER'S APPROVAL. CRS §24-3o-202(1). This contract shall not be valid until it has been approved by the Colo rado State Controller or designee. 2. FUND AVAILABILITY . CRS §24-3o-202(5.5). Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated , budgeted , and otherwise made available. 3. GOVERNMENTAL IMMUNITY . No term or condition of this contract shall be construed or interpreted as a waiver, express or implied , of any of the immunities , rights , benefits , protections, or other provisions , of the Colorado Governmental Immunity Act , CRS §24-10-101 et seq ., or the Federal Tort Claims Act , 28 U .S.C . §§1346(b) and 2671 et seq ., as applicable now or hereafter amended. 4. INDEPENDENT CONTRACTOR . Contractor shall perform its duties hereunder as an independent contractor and not as an employee . Neither Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of the State. Contractor and its employees and agents are not entitled to unemployment i nsurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this contract. Contractor shall not have authorization , express or implied , to bind the State to any agreement, liability or understanding , except as expressly set forth herein. Contractor shall (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (b) provide proof thereof when requested by the State , and (c) be solely responsible for its acts and those of its employees and agents. 5. COMPLIANCE WITH LAW . Contractor shall strictly comply with all applicable federal and State laws , rules , and regulations in effect or hereafter established , including , without limitation , laws applicable to discrimination and unfair employment practices . 6. CHOICE OF LAW . Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation , execution , and enforcement of this contract. Any provision included or incorporated herein by reference which conflicts with said laws , rules , and regulations shall be null and void . Any provision incorporated herein by reference which purports to negate this or any other Special Provision in whole or i n part shall not be valid or enforceable or available in any action at law, whether by way of complaint, defense , or otherwise . Any provision rendered null and void by the operation of this provision shall not invalidate the remainder of this contract, to the extent capable of execution . 7. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration by any extra-judicial body or person. Any provision to the contrary in this contact or incorporated herein by reference shall be null and void. 8. SOFTWARE PIRACY PROHIBITION . Governor's Executive Order D 002 00. State or other public f unds payable under this contract shall not be used for the acquisition , operation , or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and warrants that, during the term of this contract and any extensions , Contractor has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determ i nes that Contractor is in violation of this provision , the State may exercise any remedy available at law or in equity or under this contract, including , without limitation , immediate termination of th is contract and any remedy consistent with federal copyright laws or applicable licensing restrictions . 9. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. CRS §§24-18-201 and 24-5o-507 . The signatories aver that to their knowledge , no employee of the State has any personal or beneficial interest whatsoever i n the service o r property described in this contract. Contractor has no interest and shall not acquire any inte rest, direct or indirect , that would conflict in any manner or degree with the Page 9 of 11 performance of Contractor's services and Contractor shall not employ any person having such known interests. 10. VENDOR OFFSET. CRS §§24-30-202 (1) and 24-30-202.4. [Not Applicable to Intergovernmental agreements] Subject to CAS §24 -30-202.4 (3.5), the State Controller may withhold payment under the State 's vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support debts or child support arrearages ; (b) unpaid balances of tax , accrued interest , or other charges specified in CAS §39-21-1 01 , et seq.; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a result of final agency determination or judicial action . 11. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [Not Applicable to agreements relating to the offer, Issuance, or sale of securities, Investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services] Contractor certifies , warrants , and agrees that it does not knowingly employ or contract with an illegal alien who w ill perform work under this contract and will conf irm the employme nt eligibility of all employees who are newly hired for employment in the United States to perform work under this contract, through participation in theE-Verify Program or the Department program established pursuant to CAS §8 -17 .5-1 02(5)(c), Contractor shall not knowingly employ or contract with an illegal alien to perform work under th is contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract w ith an illegal alien to perform work under this contract. Contractor (a) shall not useE-Verify Program or Department program procedures to undertake pre-employment screening of job applicants while this contract is being performed , (b) shall notify the subcontractor and the contracting State agency within three days if Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under th is contract, (c) shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice , and (d) shall comply with reasonable requests made in the course of an investigation , undertaken pursuant to CAS §8-17.5-1 02(5), by the Colorado Department of Labor and Employment. If Contractor participates in the Department program, Contractor shall deliver to the contracting State agency, Institution of Higher Education or political subdivision a written , notarized affirmation , affirming that Contractor has examined the legal work status of such employee , and shall comply with all of the other requirements of the Department program. If Contractor fails to comply with any requirement of this provision or CAS §8-17 .5-101 et seq., the contracting State agency , institution of higher education or political subdivision may terminate this contract for breach and , if so terminated , Contractor shall be liable for damages. 12. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24-76.5-101. Contractor, if a natural person eighteen ( 18) years of age or older. hereby swears and affirms under penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the provisions of CAS §24-76.5 -101 et seq ., and (c) has produced one form of identification required by CAS §24 -76 .5-1 03 prior to the effective date of this contract. Revised 1-1-D9 Page 10 of 11 SIGNATURE PAGE Agreement Routing Number 14 HA 1 61 088 THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT • Persons signing for The Local Agency hereby swear and affirm that they are authorized to act on The Local Agency's behalf and acknowledge that the State Is relying on their representations to that effect. THE LOCAL AGENCY STATE OF COLORADO CITY OF WHEAT RIDGE John W. Hickenlooper, GOVERNOR By: INSERT-Name of Authorized Individual Colorado Department of Transportation Title: INSERT-Official Title of Authorized Individual Donald E . Hunt, Executive Director *Signature By: Timothy J . Harris, P.E., Chief Engineer Date: Date : 2nd The Local Agency Signature if Needed By: INSERT-Name of Authorized Individual Title: INSERT-Official Title of Authorized Individual *Signature Date : ALL AGREEMENTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24·30-202 requires the State Controller to approve all State Agreements. This Agreement Is not valid until signed and dated below by the State Controller or delegate. The Local Agency Is not authorized to begin performance until such time. If The Local Agency begins performing prior thereto, the State of Colorado Is not obligated to pay The Local Agency for such performance or for any goods and/or services provided hereunder. STATE CONTROLLER David J. McDermott, CPA By: __________________ _ Colorado Department of Transportation Date:. _________ _ P ag e 11 of 11 Exhibit A-Scope of Work State Highway Traffic Signal Listing • The City shal1 maintain the traffic signals and associated stop bars and crosswalks at the locations listed below. • Any reconstruction, modification, or improvement initiated by the City or performed as a result of a City project shal1 be included in the maintenance provided by the City. • Any reconstruction, modification,. or improvement initiated by the State or performed as a result of a State project shall be paid for separately by the State. • The City shal1 perform inspections of each location, in a11 directions, and submit documentation to COOT by April I Oth and October 1Oth for each year of this contract. Inspection shall include, but not limited to: o Each signal lens is operating and visible o Signal timing is operating as programmed o Controller and cabinet are clean and in good repair o Communication to signal is connected and operating o Vehicle detection is operating properly o All luminaries attached to the signal are operating • Any defects, in the items listed above, found at these intersections shall be remedied immediately. Defects and remediation shall be documented and kept on file at the City and made available to COOT upon request. Any defects not remedied shall incur a price reduction to the next month's compensation of $280.00 per signal. • The City shall perform an annual inspection which shall include: the visual inspection of signal caissons, bolts, bolt tightening, steel, welds, attachment hardware; backup power testing; and signal conflict monitor testing. Documentation on this inspection shall be submitted to COOT by October 10th of each year of this contract. Any deficiencies found in bolt tightening and attachment hardware shall be corrected by the City immediately. Structural defects discovered by the City or COOT sha11 be repaired using methods that are acceptable to the City and COOT. If CDOT is requiring pole or mast arm replacement, that work shall be the responsibility of COOT. Any deficiencies of this nature shall be documented and brought to the attention of the City and COOT project manager for correction by the appropriate agency. Al1 other minor structural defects shall be the responsibility of the City. Exhibit A Page-1 of 2 TRAFFIC SIGNALS MAINTAINED BY THE CITY OF WHEAT RIDGE LOCATIONS Maintenance of traffic signals includes painting of crosswalks and stop bars. Interstate 70 (l-70) at: • WB off/on ramps at 32"d Avenue • EB off ramp at Y oungfield Street • EB on ramp at Y oungfield Street Number of Signals - 3 Signals Exhibit A Page-2 of 2 Exhibit B-Resolution LOCAL AGENCY ORDINANCE or RESOLUTION Exhibit B Exhibit C -Rate Schedule Traffic Control Device Rate Schedule 3 Signals at $280.00.00/signaJ/month TotaJ Maximum AnnuaJ Cost $ 840.00 per month $ 10,080.00 per year Exhibit C-Page 1 or 1 Exhibit D -Option Letter SAMPLE IGA OPTION LETTER Highway or Traffic Maintenance (This option has been created by the Office of the State Controller for COOT use only) I Date: I I State Fiscal Year: I I Option Letter No.I I CLIN Routing# I Vendor name: 1) SUBJECT: Change in the amount of goods within current term . 2) REQUIRED PROVISIONS: In accordance with Section 17 of contract routing number nsert FY, agency cooe & routi , between the State of Colorado , Department of Transportation , and n ge 'in m the state hereby exercises the option to an increase/decrease in the amount of goods/services at the same rate(s ) specified in Exhibit A. The total contract value to include all revious amendments, option letters , etc. is $ n ccumulatedltotal encumbrance amount. 3) EFFECTIVE DATE: The effect ive date of this Option Letter is upon approval of the State Cont roller or delegate , wh icheve r is later. APPROVALS: State of Colorado: JOHN W. HICKENLOOPER, GOVERNOR By: Date : _______ _ Timothy J . Harris , P .E., Chief Engineer , Colorado Department of Transportation ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS §24-30-202 requires the State Controller to approve all State Contracts. This Contract is not valid until signed and dated below by the State Controller or delegate. Local Agency is not authorized to begin performance until such time. If Local Agency begins performing prior thereto, the State of Colorado is not obligated to pay Local Agency for such performance or for any goods and/or services provided hereunder. Form date: August 16, 2013 State Controller Robert Jaros, CPA, MBA, JD By : _____________ _ Date:-------------- Exhibit D -Page 1 of 1 Exhibit E-Encumbrance Letter ENCUMBRANCE LETTER 1) Encumber fiscal year funding in the contract. The total contract encumbered amount) including all previous amendments, option letters, etc. is $ nsert New Amt. 3) EFFECTIVE DATE. The effective date of this Encumbrance Letter is upon approval of the State Controller or -· whichever is later. By: STATE OF COLORADO John W. Hickenlooper, GOVERNOR Department of Transportation {For) Donald E. Hunt, Executive Director Date: ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS §24·30·202 requires the State Controller to approve all State Contracts. This Contract Is not valid until signed and dated below by the State Controller or delegate. Contractor Is not authorized to begin performance until such time. H Contractor begins performing prior thereto, the State of Colorado Is not obligated to pay Contractor for such performance or for any goods and/or services provided hereunder. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By: __________________________________________ __ Department of Transportation Date: Exhibit E -Page 1 of 1 ~THAVE ~ 0 1--a:: 0 z z 0 :::> :::> ~ ~ ~ 0 33RDPL 0 I 5 33RDAVE ~ 1--~ ffi ~ ~ s: . en :::> w I-I-a:: 0 :::> -1--z 00 :s (.) :::> a:: ..: w ..: ..: ~ a:: I-"' "' en _, I ..: 0 It! 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NA083192 State Pl.,e, Colotedo Central Zone 0502 Vertlclil O.rum: NAVDM DISCLAIMER NOTICE : This !a I ~~ t'ept't!Mntatiort of geographic 8t1d demographic intormllbon RMnce upon 1M .ecuracy, rMblity end euf'lonty of hs ir'4otnwtion ISIOiltly iM r.quntor'erespoMibility TNCityofW.atR!d;e,ln .,.,..-.on County , Cokndo -• poHcaJ ~of h Sta• of Colorado , t'llls ~ tof. ~ C«t8in ~nzedir'lfonMtton 1lis ~lion e. ~i~MH ;, eMistln ~ genend ,,... of conc:.m only The CIOfi"PMru.d W~tom.tion pnMdtd hertln .not;d only t.!Witd upon 'NICh conobor'll~ of the meh>da, ·~·end ruuhaby 1 quatified inde~t .ource The UMt of1hls lnbnnebon hllndlrmify lnd hoAdhe h City of~t Ridgeffomany ..tel btlili,.., ~.lawsul•. end CMJMt of IClon 1hat ~ es e c:onNq~nce of tws rftance on lntonnlilion providrtd herein w~:t~ LIC WORKS 7500 \/\lest 29th Ave nu e Wleat Ridge , CO 80033-8001 303.234 .5900 DATE. 0711112013 Attachment 3 ~4 • ..,. .. City of JP'"WheatR.i__dge ITEM NO: _j_cl DATE: October 14,2013 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 40-2013 - A RESOLUTION APPROVING SUBMITTAL OF AN APPLICATION FOR A 2014 LOCAL GOVERNMENT GRANT TO JEFFERSON COUNTY OPEN SPACE FOR THE RELOCATION OF CLEAR CREEK TRAIL WEST OF KIPLING FROM 41st AVENUE TO OPEN SPACE NORTH OF 41st A VENUE 0PUBLIC HEARING 0BIDS/MOTIONS ~RESOLUTIONS QUASI-JUDICIAL: ISSUE: OORDINANCES FOR 1ST READING 00RDINANCES FOR 2N° READING DYES The Jefferson County Open Space Department has a Local Government Grant program that allows cities to apply for matching funds for acquisition, new construction or maintenance projects. As part of the requirements for the submittal of the grant application, an approved resolution is required by the Jefferson County Open Space Department showing City Council support for the requested project. Funds from the Local Government Grant program are awarded annually by the Open Space Department to cities and districts in Jefferson County. A percentage of matching funds is required from the City's attributable share of open space funds to match the grant request. The 2014 recommended local grant application is for the relocation of Clear Creek Trail from its current location on 41 51 A venue to open space north of 41 st A venue, west of Kipling. 2014 Local Government Grant October 14 , 2013 Page2 PRIOR ACTION: This project was included for funding in the 2014 Open Space Fund budget and presented at the budget study session September 16,2013 . FINANCIAL IMPACT: Matching funds for the grant application have been appropriated in the Fund 32 Open Space Fund for the 2014 budget year. BACKGROUND: Local Government Grants were formerly referred to as Joint Venture Grants. Jefferson County Open Space Local Government Grant applications are due November 1, 2013. This project has regional significance due to the fact that the Clear Creek Trail is part of a regional trail system that connects on the east to Adams County and Denver and on the west to Golden and Arvada. RECOMMENDATIONS: Staff recommends approval of the application for a Local Government Grant for the relocation of Clear Creek Trail west of Kipling from 41 51 A venue to open space north of 41 51 A venue. RECOMMENDED MOTION: "I move to approve Resolution No. 40-2013 , a resolution approving submittal of the application for a 2014 Local Government Grant to Jefferson County Open Space for the relocation of Clear Creek Trail west of Kipling from 41 51 Avenue to open space north of 41 51 A venue." Or, "I move to postpone indefinitely the approval of Resolution No . 40-2013 , a resolution approving submittal of the application for a 2014 Local Government Grant to Jefferson County Open Space for the reloca6on of Clear Creek Trail west of Kipling to open space north of 41 51 A venue for the following reason(s) REPORT PREPARED AND REVIEWED BY: Joyce Manwaring, Parks and Recreation Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 40-2013 2. Map of trail relocation area " CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 40 Series of 2013 TITLE: A RESOLUTION APPROVING SUBMITTAL OF THE APPLICATION FOR A 2014 LOCAL GOVERNMENT GRANT TO JEFFERSON COUNTY OPEN SPACE FOR THE RELOCATION OF CLEAR CREEK TRAIL WEST OF KIPLING FROM 41sT AVENUE TO OPEN SPACE NORTH OF 41st AVENUE WHEREAS, the voters of Jefferson County voted in 1972 to fund the planning, acquiring, maintaining and preserving of open space properties and in 1980, to allow for maintenance and development of Open Space lands and property within Jefferson County, and WHEREAS, Jefferson County Open Space has instituted a Local Government Grant program, and WHEREAS, the City of Wheat Ridge would like to apply for a Local Government Grant with Jefferson County Open Space, NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: THE CITY OF WHEAT RIDGE REQUESTS FUNDING FROM JEFFERSON COUNTY OPEN SPACE LOCAL GOVERNMENT GRANT PROGRAM FOR THE RELOCATION OF CLEAR CREEK TRAIL WEST OF KIPLING FROM 41sT AVENUE TO OPEN SPACE NORTH OF 41st AVENUE DONE AND RESOLVED this 141h day of October, 2013. Jerry DiTullio, Mayor ATTEST: Janelle Shaver, City Clerk Attachment 1 '1J m~ X 0 -· "C en o =:en ::::J (1) <C a. -t-t ~ ~ ~-~- Attachment 2 (') CD Q) .., ~ .. ~ , • City of ~Wheat:Ri._dge ITEM NO:~, DATE: October 14 ,2013 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE PAYMENT OF THE SALES TAX INCREMENT FOR SEPTEMBER OF FISCAL YEAR 2013 FROM THE TOWN CENTER PROJECT IN THE AMOUNT OF $70,606.58 TO RENEWAL WHEAT RIDGE 0 PUBLIC HEARING ~ BIDS/MOTIONS D RESOLUTIONS QUASI-JUDICIAL: ~ger ISSUE: D ORDINANCES FOR I ST READING 0 ORDINANCES FOR 2ND READING D YES ~ NO The September 2013 sales tax increment for the Wheat Ridge Town Center project due to Renewal Wheat Ridge (RWR) is $70 ,606.58. Expenditures over $35 ,000 require City Council approval. FINANCIAL IMPACT: The 2013 budget includes a total of$400,000 for sales tax increment share back with RWR. BACKGROUND: The City adopted the Wheat Ridge Town Center Urban Renewal Plan on December 14 , 1981 , which provided for the utilization of propertl and sales tax increment in the commercial area east of Wadsworth Boulevard , between West 38 Avenue and West 44th Avenue. The property tax increment expired in 2006 , after 25 years. Through an IGA between the City and RWR signed on June 26 , 2006 , the sales tax increment was amended so that the maximum increment for the Wheat Ridge Town Center Project paid to the Authority shall not exceed $100 ,000 in any fiscal year and the increment was extended to and including December 31 , 2008. An amendment to the IGA in October 2007 remo ved the $100 ,000 annual cap and extended the agreement to and including December 31 , 2014. In September, 2011 the City Council approved , via Resolution No. 49-2011 , to increase the payment from 50% to 100 % of the sales tax increment to RWR through December 31 ,2014. R WR September Sales Tax Increment October 14 , 2013 Page 2 RECOMMENDATIONS: Staff recommends distribution of the sales tax increment for September of fiscal year 2013 in the amount of $70,606 .58. RECOMMENDED MOTION: "I move to approve payment of the sales tax increment for September of fiscal year 2013 from the Town Center Project in the amount of$70,606.58 to Renewal Wheat Ridge." Or, "I move to deny payment of the sales tax increment for September of fiscal year 2013 from the Town Center Project in the amount of$70,606.58 to Renewal Wheat Ridge for the following reason( s) " REPORT PREPARED/REVIEWED BY: Steve Art, Economic Development and Urban Renewal Manager Patrick Goff, City Manager .... ~A~ .... • .... City of • :P'WheatRi_dge ITEMNO:~ DATE: October 14,2013 REQUEST FOR CITY COUNCIL ACTION TITLE: PUBLIC HEARING ON THE 2014 PROPOSED BUDGET ~ PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS QUASI-JUDICIAL: D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2N° READING D YES ~ NO Administrative Serv1 s Director c~~ ISSUE: Sections 10.7 and 10.9 of the Wheat Ridge City Code require that a public hearing on the proposed budget be conducted before its final adoption and that the budget be adopted by resolution on or before the final day (December 15 , 2013) established by state statute for the certification of the next year's tax levy to the county. A public hearing has been scheduled for October 14 , 2013 to receive input from citizens on the budget. Adoption ofthe 2014 Budget has been scheduled for the October 28 , 2013 City Council meeting. Staff will provide a short presentation on the proposed 2014 budget which includes the following: • $8.3 million in proposed expenditures directly linked to City Council strategic goals • Revised proposed General Fund budget in the amount of$27,760 ,611 , which includes reductions in the amount of$113 ,000 and Council additions in the amount of$50,000 for a net savings of$63 ,000 • Proposed Capital Investment Program (CIP) Fund in the amount of$4,123 ,000 • Proposed Special Revenue Funds in the amount of $4 ,922 ,715 • Proposed budget (all funds) in the amount of$36,811 ,326 Council Action Form October 14 , 2013 Page 2 Prior to this public hearing, two public input opportunities were held for citizens to provide input on the budget. Additionally, the proposed budget was made available for review by the public at the following locations: Wheat Ridge City HaU City Clerk's Office 7500 W . 29 1h A venue Wheat Ridge Library 5475 West 32nd Avenue The 2014 Proposed Budget is also available for purchase based on the City fee schedule from the City Clerk's Office. Additionally, the proposed budget and PowerPoint presentation from the budget retreat have been and continue to be available for review at www.ci.wheatridge.co.us . The Powerpoint Presentation from the Public Hearing will be made available via the City website as well. PRIOR ACTION: • July 8, 2013 -first public meeting to provide opportunity for citizens to comment on the budget • August 12 , 2013 -second public meeting to provide opportunity for citizens to comment on the budget • September 10 , 2013 -propo sed 2014 Budget distributed to City Council and made available for public review • September 16 ,2013 -City Manager presented the proposed budget to City Council during a Study Session • October 14 , 2013 -as required by Section I 0. 7 of the Wheat Ridge City Charter a public hearing will be conducted to provide an additional opportunity for citizens to comment on the proposed budget prior its adoption • Notification of the public hearing was made in the Wheat Ridge Transcript FINANCIAL IMPACT: A total budget (all funds) is proposed in the amount of$36,806 ,326. BACKGROUND: At the September 16 , 2013 Budget Retreat , City Council provided staff with consensus to bring the proposed budget to public hearing and to add the following items to the budget: • Contribution to the Seniors' Resource Center (SRC) Circulator Bus in the amount of $30 ,000 • Contribution to the Jeffco School District Outdoor Lab program in the amount of $10 ,000 • Contribution to the Jeffco Action Center Capital Campaign in the amount of$10,000 • Decrease the budgeted contribution to the Wheat Ridge Business District (WRBD) from $90 ,000 to $45 ,000 • Adjust the proposed budget to reflect the removal of one vehicle from the fleet replacement program in the amount of $48 ,000 Council Action Form October 14 , 2013 Page 3 • Keep the Jeffco EDC contribution at its current funding level of$6,600 • Council also requested options for funding bicycle improvements along Pierce Street. Based on staffs initial review , there are a variety of options and costs Council could consider with regards to bicycle related upgrades to Pierce Street between 48 1h and 261h. There are presently shoulder stripes between 26th and 32"d that provide added space for bicycles. This particular segment could essentially remain as is , or be modified. Based on some preliminary estimates for the full corridor, options range from installing bike route signs only which would cost approximately $20 ,000, to installing dedicated bike lanes at a cost of approximately $125,000. The cost of sharrows would be somewhere within that range of $60 ,000 -$65 ,000 when including the pavement markings , signs , engineering, construction surveying and traffic control , contingencies , etc. Staff would like further direction from Council if this project should be included in the 2014 proposed budget and at what cost. • Council requested that staff look at the PTO Buy-Back program and how we compare to other municipal entities. This program will be reviewed in 2014. • Based on City Council direction , staff did review the 2014 health insurance plan employee contribution levels for 2014. In order to manage the overall premium increase of 12.8 percent, staff is eliminating the Deductible HMO (DHMO) plan for 2014. We will continue to encourage employees to enroll in the High Deductible Health Plan (HDHP), which is a cheaper plan for both the City and the employee. The City will continue seeding the HDHP plan in 2014 by contributing $700 for employee only and $1,000 for employee + 1 and family coverage to the employees' Health Savings Accounts (HSA). Given current enrollment rates in the DHMO plan and the fact that we exceeded our enrollment projections for 2013 for the HDHP plan, we believe elimination of the DHMO plan will allow us to further incentivize employees into the HDHP plan. Given 2014 is year two of offering the HDHP plan, additional education about the lower cost of the plan and flexible benefits of using the HSA will be communicated to employees. Additionally, City contribution levels for the HMO plan will be reduced by 5 percent (for all three tiers but no lower than 75%) as part of managing the overall premium increase. This approach is a long-term strategy that manages the premium increases as a result of overall exposure as well as continuing to move the City's wellness strategy forward. The emphasis on the City's wellness program is an important component of not only managing cost , but more importantly, creating a culture ofhealth and wellness which aligns with our total compensation and benefits philosophy. In addition to the Council direction above , a $20,000 reduction has been made to the total amount of WR2020 funding . This reduction includes the following adjustments : • $10 ,000 reduction for District feasibility study • $5 ,000 reduction for Live Local events • $5 ,000 reduction for the East Wheat Ridge Block Program The 2014 Proposed Budget Message, found on pages 1 -8 of the budget book, is included below: Council Action Form October 14 , 2013 Page4 OVERALL SUMMAR Y Wheat Ridge's total proposed General Fund operating budget for 2014 is $27,760,611 excluding transfers. The City's total 2014 operating budget represents a 1.0% decrease compared to the adjusted 2013 Budget. The projected 2014 General Fund ending fund balance is $8 ,019,002. Of this amount, $4 ,785 ,295 , or 17.2% of expenditures , is considered the unrestricted fund balance. The City 's financial policies require that the City maintain a minimum unrestricted fund balance of at least two months or approximately 17%, as recommended by the Government Finance Officers Association, of its General Fund operating expenditures. The total proposed City Budget for 2014 , which includes the General Fund , CIP and Special Revenue Funds is $36 ,806 ,326 . The CIP Budget is proposed at $4 ,123 ,000 and the eight Special Revenue Funds' proposed budgets total $4 ,922 ,715. Sales tax , the City 's largest revenue source, is projected to increase in 2013 by 2.3 % compared to 2012 actual revenue, and decrease by 1.6 % compared to 2013 projected revenue . Total General Fund revenues for 2013 are projected to increase by 3 .5% compared to 2012 actual revenue , and decrease by 1.4% compared to 2013 projected revenue. Sales tax is expected to increase by 2.0% in 2014 and total General Fund revenues should experience about a 1. 7% increase. The estimated 2013 Budget ending fund balance is $9 ,754 ,489 , ofwhich $6 ,470 ,276 , or 24 .5% of operating expenditures , is considered the unrestricted fund balance. The proposed 2014 Budget ending unrestricted fund balance is projected to decrease to $4 ,785 ,295 , or 17 .2% of operating expenditures , to allow for a $1 ,700 ,000 transfer to the CIP Budget and a $100,000 transfer to the Capital Equipment Replacement Fund. The fund balance will not be used to balance the General Fund operating budget in 2014 . WHEAT RIDGE FIVE-YEAR GO ALS The Mayor, City Council and staff work together annually to develop and update a strategic plan including a vision , goals and action agenda. Staff used these goals as a guide to develop strategies and priority projects for the 2014 Budget. The Mayor and Council identified four key strategic prioritized goals for the next five years: 1. Economically Viable Commercial Areas 2. Financially Sound City Providing Quality Service 3. Choice ofDesirable Neighborhoods 4. More Attractive Wheat Ridge In addition, at the May 2013 retreat, the Mayor and City Council agreed to the following 2013 /2014 Action Agenda: High Priorities • Revenue Enhancement • Ten-Year Infrastructure Plan Council Action Form October 14 , 2013 Page 5 • Clear Creek Crossing Development Agreement • Community I Neighborhood Building • 38th A venue Corridor Implementation Medium Priorities • Multi-modal Transportation Plan • Applewood Shopping Center Revitalization • Targeted commercial/housing incentive policies • Aging Population Needs Assessment and Plan • 38th and Wadsworth Redevelopment • Diverse Housing Plan The proposed 2014 Budget includes the following expenditures to address the Five-Year Goals and the 2013/2014 Action Agenda: Goal 1: Economically Viable Commercial Areas • 38th A venue public events $80,000 (1 05) • 38th Avenue street improvements $25 ,000 (CIP) • 38th Avenue Corridor marketing map and directory $7 ,000 (105) • 38 1h Avenue Corridor marketing materials/website $35 ,000 (105 to WR2020) • 38th Avenue Corridor banners and lighting program $25 ,000 (105 to WR2020) • 38th Avenue District Feasibility Study $20,000 (105 to WR2020) Reduced by $10,000, revised total is $10,000. • 44th A venue Corridor marketing efforts $10,000 (1 05) • Citywide public relations and marketing efforts $20 ,000 (1 05) • Citywide marketing and positioning tours $15 ,000 (1 05 to WR2020) • Enhanced Sales Tax Incentive Program (ESTIP) $103 ,000 (105) • Brownfields EPA Grant $289 ,920 (123) -grant funded • Live Local Events $40 ,000 (1 05 to WR2020) Reduced by $5,000, revised total is $35,000. • Wheat Ridge Business District (WRBD) loan program $90 ,000 (1 05 to WRBD) Reduced by $45,000, revised total is $45,000. • Building up Business Loan Program (BUBL) $25 ,000 (105 to WR2020) • Urban renewal funding for Renewal Wheat Ridge (RWR) projects $425 ,0000 (1 05 to RWR) Goal 2: Financially Sound City Providing Quality Service • Employee Compensation -3% projected Pay-for-Performance $450 ,000 (610) • Priority Based Budgeting (Year 3) $17 ,000 (111) • Paid Time Off(PTO) Cash-Out $50,000 (112) • Fleet Acquisition and Replacement $425 ,500 (303) Reduced by $48,000, revised total is $377,500. • Preventative street maintenance $1 ,200 ,000 (CIP Fund) Council Action Form October 14 , 2013 Page 6 • Lakewood Crime Lab services $69 ,200 (212) • Regional Crime Lab $23 ,460 (212) • Public Works/Parks Maintenance Facility $250 ,000 (O S Fund) • Transfer to Equipment Replacement Fund for future equipment replacement $100,000 (610) • Employee safety and wellness programs $26 ,300 (112) • Swimming pool covers to conserve energy and reduce utility expenses $22 ,000 (623) • Police Department E-Citations software $53 ,105 (117) G oa13 : Choice of Desir abl e Neig hborhood s • Aging Needs Plan implementation $13 ,000 (111) • East Wheat Ridge Block Improvement Program $20,000 (1 05 to WR2020) Reduced by $5,000, revised total is $15,000. • East Wheat Ridge Neighborhood Project $8 ,172 (202)-grant funded PD overtime • Home Investment Loan Program (HIP) $25 ,000 (1 05 to WR2020) • Completion of District 2 neighborhood park $175 ,000 (CTF and OS Funds)-partially grant funded • Greenbelt trail expansion and repair $450 ,000 (OS Fund) • Greenbelt Trail Master Plan $50 ,000 • Police Department commw1ity oriented neighborhood programs $17 ,655 (211) • Police Department greenbelt patrol $17 ,280 (211) Goal4: More Attractive W heat Ridge • Bus shelter and bench maintenance and cleaning $36 ,000 (303) • 38th Avenue annual plantings $5,000 (604) • Kipling Street multi-use path and lighting $2 ,835 ,000 (CIP Fund)-partially grant funded • Parks maintenance projects $255 ,000 (CTF and OS Funds) • Large-item pickup program $5 ,000 (303) • 1.0 FTE Parks Maintenance Worker II $34 ,441 (603) • Lead Seasonal Maintenance Workers $20 ,336 (603) Additionally, the following budget expenditures , that are not directly related to any one of the City Council goals but are worthy of noting, are also included in the adopted 2013 Budget: • Zoppe Family Circus $105 ,376 (1 02) • Outside Agency Requests $1 0,000 (1 02) • Feed the Future Backpack Program $10 ,000 (102) • Biennial Citizen Survey $30,000 (111) • Victim O utreach $75 ,000-$35 ,000 increase over 2013 (201) • Carnation Festival cash contribution $12 ,500 and in-kind assistance $28 ,000 (1 02) • ADA compliance improvements to picnic shelters $10,000 (605) • Courtroom security improvements $63 ,000 (ClP Fund) • Management contingency fund $100,000 (1 06)-consolidation of citywide contingency funds enabled staff to cut approximately $70 ,000 from the budget Council Action Form October 14, 2013 Page 7 PRIORITY BASED BUDGETING In 2013, the City embarked on year two of the Priority Based Budgeting process. The City engaged the Center for Priority Based Budgeting in 2012 to facilitate the transition from a more traditional incremental budgeting process to a priority-driven budgeting process. The Center's mission is to "lead communities to fiscal health and wellness." Priority Based Budgeting is another tool that will allow department staff and the City's management team to improve the programs and services provided by aligning resource allocation with the results the City is working to achieve. The primary area that we continue integrate into the budget process is the focus on budget variances. Budget variances generally occur because certain line-items must be budgeted based on projected use such as staffing, fuel, and utilities. However, circumstances such as employee turnover, the weather or the economy dictate what those true expenditures will be on an annual basis. For the 2014 budget, we made approximately $179,000 in reductions to those line-items where budget variances generally occur. However, if we experience an unusually bad winter or fuel prices skyrocket, for example, mid-year supplemental budget appropriations may be required. In addition to continuing the variance exercise for development of the 2014 budget, staff added a contingency reduction exercise. Included in my 106 budget is a management contingency fund in the amount of $100,000. This is the result of a consolidation of City-wide contingency funds which enabled staff to cut approximately $70,000 from the proposed budget. In the past contingency funds have been budgeted for carrying out policy direction by City Council that may not necessarily be planned for at the time of budget development. An example ofthis would be engineering or design work required for a public project. Contingency funds will only be used in 2014 if necessary. This centralized contingency fund approach has been successfully used by other agencies using Priority Based Budgeting and we believe it is an important step to continue integration of a priority-driven budget system. As part of the 2014 budget process, staff requested departments to submit any new programs or services under the Priority Based Budgeting Worksheet. For example, the $10,000 for 441h A venue Corridor marketing efforts added to budget 1 05 was reviewed based on the priority based budgeting criteria. Based on initial departmental requests, I cut approximately $389,000 in requests for funding that were not considered critical in meeting the City's defined results. Collectively, the steps taken above in development ofthe 2014 budget demonstrates the City's commitment to the priority-driven budgeting process which I believe has enabled staff to look at the budget data through a different lens. REVENUES AND EXPENDITURES The total2014 Proposed Budget is $36,806,326. The Budget is based on projected revenues of $34,273,943. In addition, the beginning fund balance for 2014 is projected at $12,303,317 which brings the total available funds to $46,577,260. This will provide for a projected ending fund balance of$9,765,934 which is a 2% increase compared to the 2013 Budget. Detailed revenue Council Action Form October 14 ,2013 Page 8 and expenditure tables are presented in the Revenue and Expenditure Summary section of this Budget. GENERAL FUND General Fund revenue is projected at $27,823 ,611 which is a 1.7% increase compared to 2013 estimated revenues. In addition, the beginning fund balance for 2014 is projected at $9,756,002 which brings the total available funds for the General Fund to $37,579 ,613. General fund expenditures total $27,760,611 , excluding transfers . General Fund expenditures represent a 1.0% decrease compared to the adjusted 2013 Budget and a 5 .2% increase compared to the estimated 2013 Budget. This will provide for a projected ending fund balance of $8 ,019 ,002 of which $4 ,785 ,295 (17.2% of operating expenditures) is considered unrestricted. CAPITAL INVESTMENT PROGRAM FUND CIP Fund revenue is projected at $4 ,100 ,000 ($1 . 7 million transferred from the General Fund) which is a 36% decrease compared to the 2013 estimated revenue of$6,380 ,689. The CIP Fund received a significant amount of grant revenue in 2013. In addition , the beginning fund balance for 2014 is projected at $70 ,517 which brings the total available funds for the CIP Fund to $4 ,170,517. The proposed 2014 CIP includes the following major projects: • $2 .8 million for Kipling Street Pedestrian improvements -partially grant funded • $1.2 million for preventative street maintenance projects • $63 ,000 City Hall Improvements -Courtroom security improvements • $25 ,000 for Public Improvement Projects (Doud Overlook stonn water improvements) CIP expenditures total $4 ,123 ,000 which is a 70 % decrease compared to the adjusted 2013 Budget and a 61% decrease compared to the estimated 2013 Budget. This will provide for a projected ending fund balance of$47,517 . Typically the CIP Budget is funded primarily with General Fund undesignated reserves . The City Council adopted a General Fund reserve policy in 2011 setting the minimum reserve level at 17 %. In order to maintain this minimum reserve balance in the General Fund in 2014 and beyond , the General Fund will no longer be able to fund the CIP Budget after 2014. To continue funding CIP projects , City Council will need to consider substantial cuts in the City's operating budget or new revenue sources. Without additional funding , the proposed CIP Budget for 2015 to 2022 will be limited to the following projects: • $740 ,000 for Tabor Street improvements associated with the Gold Line Ward TOD site in 2015 ( 1 00% grant funded) • $1 ,600 ,000 total between 2016 and 2022 for preventative street maintenance Council Action Form October 14 , 2013 Page 9 OPEN SPACE FUND Open Space revenue is projected at $1,203,750 which is a 3.5% increase compared to the 2013 estimated revenue of$1 ,162 ,750. In addition, the beginning fund balance for 2014 is projected at $375 ,867 which brings the total available funds for the Open Space Fund to $1 ,579,617. Open Space projects for 2014 include open space improvements; funding for the construction of a District II park; parks equipment storage facility; Prospect and Randall Parks improvements; grant match contribution to the Kipling pedestrian improvements; Greenbelt Master Plan; and Greenbelt trail expansion and repair. Funding is also appropriated for five Parks employees. Open Space expenditures total $1,567,381 which is a 2.7% decrease compared to the adjusted 2013 Budget and a 6.9% decrease compared to the estimated 2013 Budget. This will provide for a projected ending fund balance of$12,236. The future five-year Open Space Budget proposes the continuation of miscellaneous open space improvements , park maintenance projects, trail replacement and repair, Prospect Park improvements, public works and parks operations facility; Anderson Park Master Plan and building replacement; contribution to the Jefferson County River Corridor Trail project and funding for five Parks employees. CONSERVATION TRUST FUND Conservation Trust revenue is projected at $301,000 , which is a 0.7% decrease compared to the 2013 estimated revenue of$303 ,191. In addition, the beginning fund balance for 2014 is projected at $265,995 which brings the total available funds for the Conservation Trust Fund to $566 ,995. Conservation Trust projects for 2014 include Recreation Center maintenance projects ; District II park site development; Prospect Park playground expansion; park maintenance projects; resurfacing of tennis/basketball courts; and initial funding for the replacement of the Anderson Building. Conservation Trust expenditures total $516,527 , which is a 23% decrease compared to the adjusted 2013 Budget and a 13% increase compared to the estimated 2013 Budget. This will provide for a projected ending fund balance of $50 ,468. The future Five-Year Conservation Trust Budget proposes to provide funds for Recreation Center maintenance needs; Active Adult Center parking lot; Anderson Building replacement; park maintenance projects ; resurfacing of tennis/basketball courts; and Boyds Crossing playground. RECREATION CENTER OPERATIONS FUND Recreation Center Operations revenue for 2014 is projected at $2,061 ,884 , which is a 0.5% increase compared to the 2013 estimated revenue of$2,052 ,345. In addition , the beginning fund balance for 2014 is projected at $1 ,093 ,715 which brings the total available funds for the Recreation Center Operations Fund to $3 ,155 ,599. Council Action Form October 14 , 2013 Page 10 Recreation Center expenditures total $2 ,282 ,312, which is a 4. 7% decrease compared to the adjusted 2013 Budget and a 0.6% decrease compared to the estimated 2013 Budget. This will provide for a projected ending fund balance of$873,287. MISCELLANEOUS SPECIAL REVENUE FUNDS Several other miscellaneous Special Revenue Funds are also included in this Budget to track revenues and expenditures that are legally restricted for specific purposes or to simplify the budgeting process. Those funds include Public Art Fund, Police Investigation, Municipal Court, Equipment Replacement Fund and Crime Prevention/Code Enforcement Fund. Detailed revenue and expenditure information for these funds can be found in the Special Revenue Funds and the Line Item Accounts sections of the Budget. COMPENSATION, BENEFITS AND STAFFING Personnel-related expenses account for the largest portion of the City 's Budget; therefore , maintaining this investment is a high priority. In 2013 , the City launched a new Compensation Plan for full-time/part-time benefited employees that is financially sustainable and is a plan that will help the City recruit and retain top talent. Additionally, the compensation plan is market- based and fully aligned with the City's efforts with the Performance Management Project (PMP) that has culminated in the full implementation of a pay-for-performance system. The City 's pay- for-performance model is consistent with the culture and commitment to A .C .T.I.O.N! -the City's core values. It is important for the City to reward employees who exemplify these core values and who help achieve the City 's strategic results. The new Compensation Plan consists oftwo sub plans 1) a Pay-for-Performance open range plan, which includes civilian and police sergeants and higher ranks , and 2) a Swom Step plan, which includes Police Officer I and II positions. Employees will be eligible for a perfonnance increase on January 1, 2014 based on how they meet the core values and competencies of the new PMP system. The pay-for-performance budget is determined on an ammal basis according to what other comparable organizations are providing and what the City can afford for that fiscal year. For 2014 , the projected average increase to compensation is 3%. The proposed 2014 budget includes $450 ,000 in the Central Charges budget to fund both sub plans . The City continues to provide a competitive benefit package to employees to include medical , dental , life and disability benefits. Staff works closely with the City's benefit broker, IMA , throughout the year to ensure that the City is making strides to control benefit costs while providing a competitive benefit package to its employees which is part of the City's total compensation approach to pay. The City currently provides Kaiser Permanente for employee medical benefits. Medical premiums will increase by 10 percent for 2014 . Approximately 2 percent of this amount is the result of the fees associated with implementation of Health Care Reform. There are several key factors that play a role in calculating the City's health care premiun1 renewal. Unfortunately, the City's exposure contributed to the increased renewal. The City will be continuing to encourage enrollment and active participation in the City 's Wellness Council Action Form October 14, 2013 Page 11 program . There is no increase to dental premium. Life and short-term disability premiums will also remain constant. In 2014, the City will continue to offer the High Deductible Health Plan (HDHP). This plan was added in 2013 and is a consumer model of health care paired with a Health Savings Account (HSA). In addition, the City will continue to offer the traditional HMO plan. The premiums for both the employee and the City are lower for a HDHP but the out-of-pocket costs to the employee are higher. The goal of the consumer driven HDHP is to encourage employees to manage costs through effective use of health care. Finally, the Deductible HMO (DHMO) will be eliminated in 2014 to further encourage employees to enroll in the HDHP. The 2014 staffing level will increase by a net of 1.25 FTE's for a total of227.265 FTE's in all funds. Staffing levels continue to remain well below the 233.755 FTE's authorized in 2002 before the budget reduction program and elimination of positions in 2003 and 2004. New Positions: 0.25 FTE Payroll Technician -Administrative Services -This is an increase in the current 0. 75 FTE Payroll Technician to a full-time 1.0 FTE. Duties have increased over the past 5 years as a result of increased payroll workload and a significant increase in the volume for code enforcement billing. 1.0 FTE Combination Inspector -Community Development -This position is proposed to be temporary based on projected increases in building activity in the City. It 's anticipated the position may be required for up to 2 years based on future development activity. 1.0 FTE Parks Maintenance Worker II-Parks and Recreation -Discovery Park and the proposed new park in District II will increase park maintenance responsibilities to a level requiring an additional Parks Maintenance Worker II This position will also allow more flexibility in the Parks maintenance crews to address flower beds and other landscaped areas on City property. Eliminated Positions: 1.0 FTE Pool Manager -Recreation Center -Operational efficiencies have allowed for the elimination of this position. RECOMMENDATIONS: Conduct the scheduled public hearing on the 2014 proposed budget. No formal action is required. The adoption of the budget is scheduled for Monday, October 28, 2013. REPORT PREP AREDIREVIEWED BY: Heather Geyer, Administrative Services Director Patrick Goff, City Manager ATTACHMENTS: 1. 2014 Proposed Revenues & Expenditures Summary Revised ~ ~ . ., ~of . WheatRL_dge Budget Summary by Fund Operating Funds General $9,756,002 + $27,823,611 $37,579,613 -$29,560,611 $8,019,002 Unrestricted Fund Balance $4,785,295 17.2% Capital Funds Special Revenue Funds Public Art Fund $37 ,081 + $24 ,108 $61 ,189 $0 $61 ,189 Police Investigation $36 ,326 + $40 $36,366 $6 ,500 $29,866 Open Space $375 ,867 + $1,203,750 $1 ,579 ,617 $1 ,567 ,381 $12,236 Municipal Court $56,076 + $28,050 $84 ,126 $70,000 $14 ,126 Conservation Trust $265,995 + $301 ,000 $566 ,995 $516 ,527 $50 ,468 Equipment Replacement $370 ,817 + $200 ,500 $571 ,317 $100,000 $471 ,317 Crime Prevention/Code Enforcement Fund $240 ,921 + $331 ,000 $571,921 $379 ,995 $191 ,926 Recreation Center $1 ,093 ,715 + $2,061 ,884 $3 ,155,599 $2 ,282 ,312 $873,287 Total Operating Funds $9,756 ,002 + $27 ,823,611 $37 ,579,613 $29,560 ,611 $8,019 ,002 Total Capital Funds $70 ,517 + $4 ,100 ,000 $4 ,170,517 $4,123,000 $47,517 Total Special Revenue Funds $2 ,476 ,798 + $4 ,150 ,332 $6,627,130 $4 ,922 ,715 $1 ,704 ,415 Transfers) Attachment 1 ~ ... • • ".. . Ci of ?Wli~atR.!_gg General Fund Revenues ... ·-~ -·-' i• ,~ ... ' • ' j SALES TAXES Sales Tax $14,865 ,412 $15,450 ,000 $15,200,000 $15,500,000 Sales Tax Audit Revenue $148 ,134 $250 ,000 $250,000 $250,000 ESTIP $0 $0 $0 $103 ,000 URA-Wheat Ridge Cyclery $59,560 $52 ,000 $12 ,266 $0 U RA -Town Center $407 ,072 $400,000 $415,000 OTHER TAXES Real Property Tax $731 ,234 $765,000 $730 ,000 $750 ,000 Liquor Occupational Tax $60,992 $55 ,000 $59 ,000 $60 ,000 Auto Ownership Tax $52 ,580 $53 ,000 $53 ,000 $53 ,000 Xcel Franchise Tax $1 ,205,998 $1 ,250 ,000 $1 ,325,000 $1 ,335 ,000 Telephone Occupation Tax $328 ,354 $325 ,000 $385,000 $385 ,000 Lodgers Tax $492,452 $453 ,000 $500,000 $500 ,000 Admissions Amusement Tax USE TAXES Use Tax -Retail/Professional $877 ,020 $1 ,000,000 $600,000 $682 ,000 Use Tax-Building $515,750 $675 ,000 $775 ,000 $675 ,000 Use Tax -Auto LICENSE Amusement Machine License $7 ,980 $8 ,500 $7 ,500 $7 ,500 A rborist License $1 ,760 $1 ,800 $1 ,760 $1 ,760 Contractors License $112 ,548 $90,000 $88 ,000 $100,000 Liquor License Fee $13,779 $10,000 $12 ,000 $12 ,500 Building Perm its $346,759 $400,000 $649 ,000 $511 ,000 Street Cut Permits $81 ,201 $70 ,000 $60,000 $75 ,000 Cable TV Perm its $360,258 $350 ,000 $365,000 $365 ,000 Elevator Inspection Fees $24 ,570 $25 ,000 $25,410 $25 ,410 Pawn Shop License Fees $10 ,000 $10 ,000 $10,000 $10 ,000 Business License Fees ,...~·~ rw~~t:R!9ge INTERGOVERNMENTAL Cigarette Tax $93,532 $90 ,000 $86 ,000 $85 ,000 County Road and Bridge $336,754 $300 ,000 $275 ,000 $275 ,000 Arvada Ridge Redevelopment $100,000 $100 ,000 $100,000 $100 ,000 Highway Users Tax $991 ,492 $988 ,346 $960 ,000 $975 ,000 Motor Vehicle Registration $111 ,125 $115 ,000 $111 ,000 $111 ,000 Wheat Ridge Fire Radio $32 ,561 $34 ,000 $34 ,000 $35,000 E911 Reimbursements $121 ,696 $35,000 $46 ,000 $50,000 EPA Brownfields Grant $0 $350,000 $100 ,000 $250 ,000 Police-CATPA Auto Theft Grant $79 ,646 $51 ' 131 $51 ,000 $51 ,095 Police -Seat Belt Safety Grant $2 ,362 $2 ,500 $2 ,500 $2 ,500 Police -Drug Overtime Grant $26 ,400 $7,500 $7 ,500 $7 ,500 Police -COPS Grant $123,971 $128 ,137 $128 ,000 $132 ,000 Police -Bryne Grant $60,594 $35,580 $42 ,831 $8 ,172 Police -Child Safety Grant $0 $5 ,000 $5 ,000 $5 ,000 Police -Ballistic Vest Grant $5,119 $5 ,200 $5 ,000 $6 ,000 Police-LEAP Energy Grant $62 ,830 $0 $0 $0 Police-LEAF Grant $5 ,664 $5 ,000 $5 ,000 $5 ,000 Scientific & Cultural Grant $2,400 $2 ,400 $2 ,017 $0 Police-Checkpoint Colorado $5 ,105 $0 $0 $0 Police-HVIDE $10,460 $12 ,000 $12 ,000 $12 ,000 $12 ,892 $0 $0 $0 Count SERVICES Zoning Applications $28,918 $37 ,400 $46 ,384 $42,400 Planning Reimbursement Fees $2 ,132 $4 ,000 $5 ,820 $4,000 Engineering Fees $8 ,764 $4 ,000 $6 ,500 $7 ,500 Misc. Zoning Fees $1,027 $1 ,000 $665 $1 ,000 Plan Review Fees $111 ,136 $120 ,000 $354 ,700 $266,500 Pavilion/Park Rental Revenue $26,711 $27 ,500 $29,000 $26 ,000 Athletics Revenue $121 ,440 $144 ,650 $121 ,088 $131 ,036 Active Adult Center Revenue $186 ,826 $210 ,590 $191 ,729 $192 ,250 Parks Historic Facilities $23,112 $24,000 $23 ,678 $24 ,000 Gen . Prog . Revenue $175,930 $177 ,352 $181 ,000 $178,445 Anderson Building Revenue $8 ,715 $10,000 $9 ,000 $9,000 Outdoor Swimming Fees $165,181 $165,751 $150,000 $165 ,000 Police Report Fees $11 ,945 $11 ,000 $11 ,000 $11 ,000 Pawn Shop Ticket Fees $24 ,852 $22 ,000 $24 ,800 $25 ,000 Sex Offender Registration $6 ,725 $7 ,000 $7 ,000 $7 ,000 Police Drug Destruction Fees $560 $400 $400 $400 Police Fees $3,460 $4 ,500 $4 ,100 $4 ,000 Police Reimbursement FINES & FORFEITURES Municipal Court Fines $125 ,759 $135,000 $115 ,000 $120 ,000 Nuisance Violations Fees $49 ,613 $52 ,000 $58,800 $58 ,800 Handicap Parking Fees $300 $800 $1 ,000 $1 ,500 Traffic $434 ,548 $510 ,000 $400 ,000 $490 ,000 General $83 ,376 $85 ,000 $65 ,000 $80,000 Other $15 ,507 $19 ,000 $15,000 $18,000 ". 4 # ?Wli~~tR!9g ~· '. : .... i y" • ' ~ ~ ' f,' ' J I Parking $4 ,625 $4 ,000 $2 ,500 $5 ,000 No Proof of Insurance INTEREST Interest Ea OTHER Cable Peg Fees $43 ,569 $44 ,200 $44 ,200 $44 ,200 Passport Processing Fee $6 ,050 $5 ,000 $6 ,000 $5 ,500 Zoppe Family Circus $57 ,857 $60 ,000 $60 ,000 $60 ,000 Miscellaneous Income --r~.._ J.,. • • ." - "~"., ~of WheatRt._dge General Fund Expenditures Legislative Legislative Services ~382,149 ~445,717 ~449,811 ~463,661 otal $382,141 $445.717 M41.111 ...... City Manager's Office City Manager $249 ,102 $220,822 City Attorney City Attorney ~250,446 otal ..... $211', City Clerk's Office City Clerk ~134,525 Total $13-\125 City Treasurer City Treasurer Central Charges ~2,393,727 u. Municipal Court Municipal Court Administrative Services Administration $420 ,217 $413 ,951 $412 ,874 $474 ,992 Finance $224 ,592 $248 ,946 $248 ,176 $236 ,196 Human Resources $486 ,050 $567 ,712 $527 ,268 $513 ,070 Sales Tax $211 ,909 $223 ,356 $223 ,352 $226 ,879 Purchasing and Contracting $99,652 $103 ,187 $100 ,898 $110 ,217 Information Technology ~1,818,057 otal $3,261,477 Community Development Administration $191 ,870 $217 ,941 $202 ,951 $202 ,757 Planning $215 ,709 $224,416 $220 ,080 $210 ,037 Bu ilding $305 ,145 $348 ,061 $333 ,611 $404 ,650 Long Range Planning ~123,827 ~465,734 otal $831,551 $1,251',152 Police Administration $747 ,043 $730 ,068 $723 ,199 $796,446 Grants $328 ,050 $279,422 $278 ,525 $245 ,026 Community Services Team $263 ,933 $261 ,189 $258 ,973 $282 ,520 Commun ications Center $708,047 $808 ,747 $754,363 $811 ,256 Crime Prevention Team $294,894 $304 ,224 $300 ,177 $304,409 Records Team $229 ,389 $226 ,471 $222 ,251 $237,631 Training and Public Information $199 ,153 $281 ,384 $254 ,104 $235 ,598 Patrol $3 ,702 ,596 $3 ,892 ,002 $3,874 ,590 $3 ,999 ,966 Investigations Bureau $1 ,725 ,947 $1 ,842 ,550 $1 ,730 ,009 $1 ,788 ,721 Crime & Traffic Team $310 ,596 $407 ,263 $277,445 $348,001 Emergency Operations $9,797 ~10,945 ~9,845 ~ iTotal $8,519,445 $9,044,285 $8,883,411 $9,04t,574 Public Works Administration $155 ,886 $157 ,966 $134 ,015 $142,836 Engineering $1 ,053 ,905 $1 ,008 ,791 $1,008 ,791 $970 ,740 Operations ~2,617,304 ~3,233,650 ~3,038,150 Total $3,827,085 $4,480,407 $4,1 •• 111 Parks and Recreation Administration $229 ,784 $227 ,847 $214 ,865 $208 ,242 Recreation $185 ,548 $233 ,173 $208 ,015 $199 ,326 Parks Maintenance $1 ,303 ,126 $1 ,347 ,678 $1 ,316 ,856 $1 ,342 ,249 Forestry $296 ,767 $370 ,749 $351 ,520 $378 ,500 Natural Resources $232 ,647 $301 ,726 $282 ,862 $274 ,248 Anderson Building $49 ,711 $79,498 $57 ,535 $63 ,321 Athletics $177 ,595 $189 ,841 $185 ,086 $198 ,807 General Programs $236 ,989 $256,251 $250 ,750 $268 ,442 Outdoor Pool $193 ,792 $262 ,836 $250 ,726 $240 ,673 Active Adult Center $459 ,966 $558,373 $479 ,820 $514 ,614 Historic Buildings $70 ,347 $66 ,160 $61 ,642 $49 ,384 Facility Maintenance ~478,058 ~472,896 otal $3,914,330 ... 387,028' $4,1 Total General Fund $25,308,233 $28,071,330 $28,377,173 Transfers $2,100,000 $960,000 $110,000 Total With Transfers $27,488,233 $29,038,330 $27,337,173 ,~ .. ~ City of :p-WheatR.l__dge ITEMNO:_i_ DATE: October 14 ,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 D RESOLUTIONS QUASI-JUDICIAL: City Attorney ISSUE: D ORDINANCES FOR 1ST READING (09 /09/2013) ~ ORDINANCES FOR 2ND READING (10/14/2013) D YES ~ NO On November 6 , 2012, the people ofthe 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 of businesses 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 of this 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:\Forms\CAFtemplate Retail Marijuana October 14 , 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 permit concerning retail marijuana establishments and marijuana clubs . Council reviewed and discussed ordinance options with staff at the August 5, 2013 study session. Council adopted Council Bill 13-2013 on first reading on September 9, 2013. Staff noted a spelling error in subsection 11-404( e) on page 7 which read "No marijuana clubs may operation or obtain a business license to operate within the city." That provision has been amended in the attached version of Council Bill 13-2013 to read "No marijuana clubs may operate or obtain business license to operate within the city." The public hearing was originally scheduled for September 23 , 2013 but was continued to October 14 , 2013 due to the absence oftwo Council Members at the September 23rd meeting. 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 ofthe inventory of the medical marijuana business will become inventory ofthe 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. Retail Marijuana October 14 ,2013 Page 3 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 marijuana establishments in a manner that is similar to how the City regulates medical marijuana businesses. This Ordinance has been drafted in accordance with those recommendations and state law. 1. 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 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 7:00 p .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 recommended approval of this Ordinance by a vote of 6 to 0 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 Retail Marijuana October 14 ,2013 Page4 therewith as amended , on second reading and that it take effect upon final adoption as provided by Section 5.11 of the Charter." Or, "I move to table indefinitely Council Bill No. 13-2013 concerning licensing of retail marijuana establishments for the following reason(s) " REPORT PREPARED AND REVIEWED BY: Gerald E. Dahl , City Attorney Patrick Goff, City Manager ATTACHMENTS: I. Council Bill No . 13-2013 2. Map depicting ~ mile separation between medical marijuana centers and C-1 and I-E zoning districts. CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STARKER 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 rel ief 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 . (concern ing municipal authority to regulate businesses); 2 (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. 3 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 ingredient combined with marijuana to prepare topical or oral administrations , food, drink, or other product. Marijuana clubs means establishments other than private residences, medical marijuana establishments 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. 4 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: 5 1 . Grant and refuse licenses and approve and deny applications 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 Licensing 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 licensing 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. 6 (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 operate 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; 7 3 . The application does not contain a material falsehood or misrepresentation; 4. The application complies with all of the requirements of this article and the Colorado Retail Marijuana Code; 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 applicab le 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 conditions of approval. Sec . 11-410. Denial of license. The loca l 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. 8 (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) The burden of proof in an appeal filed under this section shall be on the applicant. (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 1 06(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 9 (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 prov is ions 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 (1 0) 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 subsect ion 11-404 (a); and 10 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. 11 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. 12 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. 13 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 Room ing 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 upon final adoption as provided by Section 5.11 of the Charter. 14 INTRODUCED, READ, AND ADOPTED on first reading by a vote of 5 to 2 on this 9th 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 23, 2013 at 7:00 p.m., continued to October 14, 2013 at 7:00 p.m. in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2013 . SIGNED by the Mayor on this __ day of _____ , 2013. Jerry DiTullio, Mayor ATTEST: Janelle Shaver, City Clerk Approved as to Form Gerald E. Dahl, City Attorney First Publication: September 12, 2013, September 26, 2013 Second Publication: Wheat Ridge Transcript Effective Date: 15 97 Wheat~ge ClyotWhoOI-.C- 7500Wnt :zti'IAv-.u. --·co IICI03U001 )1)3234 .!11100 O. ...... Cir ................... ~ .... EDGEWATER Medical Marijuana Establishments This map shows the ftve (5) locations of Medical Marijuana Retal Centers with active or pending business Namses as of July 23 , 2013. Section 11 -305 of the Municipal Code requires a 31<1-mh separation between retaM centers; these are Indicated by the gray cifdes. Section 11-305 of the code also requires a 1000-loot 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 par11s , these locations are shown In green for reference. Medical Marijuana Infused Product Manufacturers (MMIP) are a dlstlnct category of marijuana establishments that are permitted with no separation requirements . CurrenUy, there are three (3) licensed MMtP locations all of which are collocated with existing retaM centers. Only two zone districts are shown on th is map. These Include the Commercial-One (C-1) and Industria~ Employment (I-E) zone districts In which medical marijuana establishments are permitted uses. 0 MM J retllil centers • 314-mlle butler • C-1 zone district • 1-E zone district ,..,. , ... Ret8il center with MM IP Schools .Paru Q cityllmits ..... "" A N ...._,_.,.~ ......... c....r..c...rlz-__ ....,., mc;y,wermnc•· n. ......... ,.,....,...... ............. .......... ~ ... ..._ ...... __, ..... ._. .. .......,., .. ............. .....,...,. ..... .........,n.~fl w-t ..... . .,......,_~.~-....... ........, ........ .. ~ ............... _..,..............,~ ,. ................ .-....... ...... ........,... .............. .. _...,n........,..._ ............................... .. ..-...-... --....... ..... --.. ................ ..... .., ........ ....,_...,....._TN_.,.,............_.._. ........, ............. car.,w...ttw. ...... .,~~M .. ....._......,.,.._._,..,c_.,...._. ... ,... •• -.---.. ,....,.-............. ,....,.... ..... Attachment 2 ~-.. .... ... City of JP""WheatRi_dge ITEM NO:_~ DATE: October 14 ,2013 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 41-2013 - A RESOLUTION ADOPTING THE UPDATED NORTHWEST SUBAREA PLAN AND, BY SUCH ADOPTION, AMENDING THE WHEAT RIDGE COMPREHENSIVE PLAN (CASE NO. WPA-13-01 I NW SUBAREA) ~ PUBLIC HEARING D BIDS /MOTIONS ~ RESOLUTIONS ISSUE: D ORDINANCES FOR I ST READING 0 ORDINANCES FOR 2ND READING D YES The Northwest Subarea is one of five priority reinvestment areas in the City 's Comprehensive Plan and is also the future location ofWheat Ridge Ward station at the end of the RTD Gold Line. In 2006 , a subarea plan was adopted to establish a vision for future development around the commuter rail station. Since the original plan adoption , many milestones have been reached and an update is warranted. The attached resolution recommends adoption of the updated Northwest Subarea Plan. The plan is an advisory document that will help provide information for future investment and development decisions. Notice for this public hearing was provided as required by the Code of Laws. PRIOR ACTION: At a study session on March 26 , 2012 , City Council directed staff to proceed with the plan update process. More recently, Council reviewed the draft plan at a study session on August 19 , 2013 . The Planning Commission held a public hearing regarding adoption of the plan on September 19 , 2013. Draft minutes from the public hearing are included as Attachment 2 . The Planning Commission recommended adoption of the updated Northwest Subarea Plan by a vote of 5-l. Northwest Subarea Plan Update October 14 , 2013 Page2 FINANCIAL IMPACT: While the plan is not anticipated to have a direct financial impact, it calls for strategic investment in infrastructure and provides financing recommendations. Ultimately, new development or redevelopment in the area could generate additional revenues for the City, support economic development goals , and promote a diverse and resilient tax base. BACKGROUND: Area and plan The Northwest Subarea Plan was originally adopted to provide input to RTD during development of an Environmental Impact Statement (EIS) for the Gold Line commuter rail. The EIS was initiated in 2006 and incorporated in locally adopted plans . The Northwest Subarea Plan allowed the City to provide input to RTD regarding desired development patterns related to the rail line . Since 2006 , the EIS has been completed and RTD has completed station and roadway designs. Based on these accomplishments and other changes in the area, staff proposed updating the subarea plan in late 2012. The purpose of this memo is to outline the updated document and seek approval of the subarea plan as an amendment to the City's comprehensive plan. Plan Update Process The process for updating the subarea plan in 2013 included two public meetings and a site tour. The public meetings included the same range of stakeholders as from 2006 , including land and business owners from the subarea; planners from Wheat Ridge , Arvada, and Jefferson County; RTD staff; and interested citizens and neighbors. Summary of Updated Plan The Northwest Subarea Plan establishes a vision for the area that calls for mixed use , pedestrian- friendly development. This vision of transit-oriented development is consistent in the 2006 and 2013 plans , but the updated plan refines goals and strategies related to land use, urban design , and infrastructure. A summary of the updated plan is provided below ; differences between the 2006 and 2013 plans are noted. Chapt er 1 -Introduction -The first chapter of the plan has been completely revised and updated. It includes a summary of the major actions and milestones that have occurred since the adoption of the 2006 Northwest Subarea Plan. Chapter 2 -Planning Process -This chapter summarizes the original and more recent planning processes . Because the plan update did not revisit the overall vision for the area , the process focused on three components: updating the future land use map , reviewing proposed bicycle-pedestrian circulation, and identifying preferred urban design characteristics . A summary of public input related to these three topics is provided. Chapter 3 -Ex isting Conditions -In the updated plan, Chapter 3 is similar to the original version. It provides an overview of existing conditions related to land use, zoning, vehicular Northwest Subarea Plan Update October 14, 2013 Page 3 circulation, bicycle and pedestrian circulation, transit, parking, water service, sanitary sewer service, fire protection, and parks and open space. New graphics include updated photographs of the existing conditions. Chapter 4 -Future Subarea Character-Again, this chapter is similar to the 2006 version, but the update incorporates recent public input regarding the aesthetic character ofthe subarea. New graphics were included based on feedback from the first public meeting held in February 2013. Chapter 5-Future Land Use-The vision for the subarea is based on transit-oriented development (TOD) patterns focused at the end-of-line station. While the vision remains the same in the new plan, the land use concepts have been refined, and this chapter includes the most substantive revisions with an updated future land use map. The land use map lays the groundwork for future developers who are expected to contribute to the City's adopted vision. The land use map is intended to be flexible, but also provide clear guidance for future zoning and development decisions. Updates include the following: • • • • • • • • • Expanding the mixed use TOD area to include the majority of the land north of the railroad tracks Changing the area south of the tracks from "office/flex" to "mixed use/employment TOD" to allow the possibility of higher-density, mixed use development Showing the approved location of the R TD ~arking lot Showing the approved alignments ofW. sot Place, Tabor Street, and Ridge Road Showing proposed street alignments south of the rail lines Showing a proposed pedestrian bridge across the rail lines Identifying a commercial transition area on the west side between the multi-modal subarea and the more auto-oriented Ward Road Identifying a residential transition area on the east side between a higher density TOD area and the lower density neighborhood to the east Including a conceptual framework for open space that promotes a central open space in the TOD and a more traditional park or open space in the residential transition The future land use map also reflects a slightly modified boundary for the subarea; the established residential neighborhood to the northeast was removed and the area east of Tabor Street and south of Ridge Road was added. Chapter 6-Future Transportation-Chapter 6 consolidates the "Traffic" and "Transit" chapters from the original plan document. An updated discussion focuses on the proposed facilities for vehicles, bicycles, and pedestrians within and adjacent to the subarea. A map of proposed bike/pedestrian routes is included and is based on the recommendations ofthe City's 2009 Bicycle and Pedestrian Master Plan. Chapter 7-Infrastructure and Amenities -This chapter replaces and expands upon the "Community Services and Facilities" section from the 2006 plan. The updated plan outlines Northwest Subarea Plan Update October 14 , 2013 Page4 the major infrastructure needs related to streets, regional drainage, sewer, water, parking, open space, and bike/pedestrian facilities. The updated plan also matches financing tools and specific infrastructure needs. The financing recommendations rely heavily on the 2012 EPA report Infrastructure Financing for Transit-Oriented Development. Chapter 8-Economic Development-This chapter is new in the updated plan . Future development and redevelopment in the subarea will depend largely on the private market, but the City strives to be proactive in attracting and partnering with developers. This chapter outlines some of the local , regional, and state-level programs that can be used to attract private investment to the area. Chapter 9 -Implementation -Chapter 9 is also new and incorporates the "Goals and Policies" and "Action Items" from the 2006 plan. The updated document includes two tables that summa1ize the completed and outstanding action items. Many tasks have been completed since 2006 , so the plan clearly outlines the next set of implementation items. RECOMMENDATIONS: Staff recommends approval of the updated Northwest Subarea Plan. The update ensures that the document is current and comprehensive. It will serve as a resource to guide public and private investment in the area, and it supports the goals of Envision Wh eat Ridge by promoting employment-supporting land uses , enhanced transportation options , and high quality development. RECOMMENDED MOTION: "I move to approve Resolution No. 41-2013, a resolution adopting the updated Northwest Subarea Plan and , by such adoption , amending the Wheat Ridge Comprehensive Plan." Or, "I move to postpone indefinitely Resolution No. 41-2013 , a resolution adopting the updated Northwest Subarea Plan and , by such adoption , amending the Wheat Ridge Comprehensive Plan for the following reason(s) " REPORT PREPARED/REVIEWED BY: Lauren Mikulak, Planner II Kenneth Johnstone , Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 41-2013 2. Planning Commission resolution and meeting minutes Note: Th e packet for the August 19, 2013 City Council Study Session included a draft copy of the subarea plan; please refe r to that attachment for the full text of the proposed plan update. Th e plan is also available on the City's website at ·wwPtru:.i.ltllneolridg e.co.11uiiiD'IIS111imreo CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 41 Series of 2013 TITLE: A RESOLUTION ADOPTING THE UPDATED NORTHWEST SUBAREA PLAN AND, BY SUCH ADOPTION, AMENDING THE WHEAT RIDGE COMPREHENSIVE PLAN (CASE NO. WPA-13-01 I NW SUBAREA) WHEREAS, the City Council of the City of Wheat Ridge adopted a Comprehensive Plan, Envision Wheat Ridge, on October 12, 2009; and WHEREAS, the Comprehensive Plan identifies the Northwest Subarea as a priority reinvestment and redevelopment area to include in the future a mix of land uses focused around the Wheat Ridge Ward transit station; and WHEREAS, the City Council adopted the original Northwest Subarea Plan on June 26, 2006 as an amendment to City's Comprehensive Plan; and WHEREAS, there have been changes in the area since 2006 that warrant an update to the plan in order to provide better direction for future development in the Northwest Subarea; and WHEREAS, C.R.S. 31-23-206 (2) provides that the Comprehensive Plan may be amended by the City from time to time; and WHEREAS, Planning Commission held a public hearing on September 19, 2013 and recommended approval of the plan; and WHEREAS, City Council has held a public hearing as provided by Section 2-60 (b) of the Wheat Ridge Code of Laws and legal notice was properly published in the Wheat Ridge Transcript on September 26, 2013. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: 1. The City Council hereby adopts the updated Northwest Subarea Plan. 2. The updated Northwest Subarea Plan shall supersede the Comprehensive Plan and the 2006 subarea plan for the portion of the City covered by this document. DONE AND RESOLVED this 141h day of October 2013. Jerry DiTullio, Mayor ATTEST: Janelle Shaver, City Clerk Attachment 1 CITY OF WHEAT RIDGE PLANNING COMMISSION RESOLUTION NO. 02 Series of 2013 TITLE: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF WHEAT RIDGE, COLORADO, RECOMMENDING ADOPTION OF THE UPDATED NORTHWEST SUBAREA PLAN AND BY SUCH ADOPTION, AMENDING THE WHEAT RIDGE COMPREHENSIVE PLAN (CASE NO. WPA-13-03/ NW SUBAREA) WHEREAS, the City Council of the City of Wheat Ridge adopted a Comprehensive Plan , Envision Wheat Ridge, on October 12, 2009; and WHEREAS, the Comprehensive Plan identifies the Northwest Subarea as a priority reinvestment and redevelopment area to include in the future a mix of land uses focused around the Ward Road transit station; and WHEREAS, the City Council adopted the original Northwest Subarea Plan on June 26 , 2006 as an amendment to City's Comprehensive Plan; and WHEREAS, there have been changes in the area since 2006 that warrant an update to the plan in order to provide better direction for future development in the Northwest Subarea; and WHEREAS, C.R.S. 31-23-206 (2) provides that the Comprehensive Plan may be amended by the City from time to time; and WHEREAS, Planning Commission has held a public hearing as provided by C.R.S. 31- 23-208 and Section 2-60 (b) of the Wheat Ridge Code of Laws; legal notice thereof duly published in the Wheat Ridge Transcript on September 5, 2013. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Wheat Ridge, Colorado, as follows: I. The Planning Commission of the City of Wheat Ridge hereby recommends adoption of the updated Northwest Subarea Plan attached as Exhibit A. 2 . The Planning Commission recommends that the 2013 Northwest Subarea Plan supercede the Comprehensive Plan and the 2006 subarea plan for the portion of the City covered by the Subarea Plan. 3. A copy of this resolution shall be forwarded to the City Council. DONE AND RESOLVED TIDS /lllttl day of ~2013 . CH~~!ON Attachment 2 AITEST: 2 TIJ:e:>mee1iin:g was 0allredi tiDl'IDlicfetrby Vrc CliamrOHM at 7:0 P'.liD tb City Council Cbarnb-elJ&,IDf'th Muni-e1:pa] B'mlclmg 1560 West Z9th A venue Whea Rfdg ,. Orlomcl • 2! 0 L C L , OYMEMBERS 4 Cormmss i:on Mernbms Pfesent: Commissio Members Abserrtl: Staf!Membeii'S Present; -ByCo 1n1 o e approve tlie onfer o Pfannirrg Commission Minute SeptemB-er D9 ZmT G' 1 Momc D\1 Tracy GW Cfnen- ScottObm Steve Timms: Amanda eave Anne Brihkman Di Matthews L MiKulak,. Planner II KennetfnJofmstOll'e,. Commumty DevefopmentDfrector K aggc:m:er,.Jreet'lrdi'ng:, Secretary A ug.us 15';.,2 1 7/1. PUBU lly Commissio e Motio carrQ Jl No rres<!l'Lut\i'(i)l]] rreeo rn:rn._emdlilg. adopti<Jtill IDf the wpclatedl ulbmrea r'l'an andl oy sue ad'(j)ption,._ amem!ifug. the Wheat Rrdl C(!)mpefren&iive 1l'lJ:iis..,<C'a5e-was ll:nresemte<dllby laul!emMiiulak. entere <dl tJ.Ilre-Cll'aSe-file , dlratft wrali]Jalii<dl cfigi1!allp en1ati'(i)l]] lntCD 11fre-tre'CCDn be-stated pu ID-Iic no ticing._ II' memems-ha tiJeenn me: ami! adv~ e ili ([JJ]lJJljg sion tl1:en jurisdictiomtl bJ a:Jrtfris cas • il:e-ll'e iewe<f ili s~ ll'eJjl an digiila:Jl J1'11€sentation. Ms. Milbrd ta: edl t1frt IDli'tihwestl. Su tiJare Plan wa&.<IYriginaiEy ad~]lt ilrn Z(i) , Dti w a'cl~])ted i:ml111ea~ion to th liaJJl sta ilrm being.. planned at! 5(i}Jilh an atrdl ' <!Ya a:s..pa:li11 d ID JFasl"racks fliiD gii3ffi. Gl>Ld Line w re sult [n aru 11 2 mm trommutelll mill rin t1fra ji!D <O'([li[J!tect Wl!t:ea: "dg t <ifC!>w ntownr D'en~ Th pmp se-<!Jfth p; amll . t fliCYvi'cle wm i'QlY guida.Jil~f{ry r fu ttwr d'everC!>pmen1L ']])] prampll'o ides,a isiolll CD titraliJ it <~nriented de e <1l]JJIIellt (T OD) that in Co ded higEre: d'el11Si1iii a:rrCDuOO tEll statio and mixecll l!Ises sun0undirrg it.ai'C!>ng wr an more pe'di · f'riemllly en immm:em i wi!Ia i cunen:tEy md historieafL'y more iml'u mrial in na1iu • stat ion wrans hav lbeeonre DIC!>lie"]mallilze ~andl the City has;. a m])te<dl cmd1 polfaie 11fra w aliiTan am upcl'a C!> tfl; sutiJall'ea p: m.. Ms. bEak state'<dl Pfa:t1111in g Corrmriissi(!) S>ITecCD rnm:emfati(!J[DJwiil tiJe-fol!WaiTcl'edl to City Cou:m:ciM a11 a public l!rearing_mlilll0¢t(!)IJ-elfl U4,Zm>. C(!)1EmSS'ioneli TIMM asked if ttllt: wa:rking e pansi! irrorm 29(i)) f(!)ll 44(i)) wa¢es-wjn~ lb' <!J IOD 11'11'0JJJe~ (!)TWi acl'd"'rlii<!Jna] J'an(if; :mtuisi1if'C!> r eq,ui11edL Ms. MilmfaLmte th pfanrollldude Z9(i)l par t'l!l'g S]Ja€'e andl ~ W(!)W'rcl' nee dl t<!J acq,mre·additiiD'Jla] popell'ty t expand the swrfat:e rot . CIDmmiS iomelTl lllMM mq,uii:e-d aD-CD u nil cwaiiratre O'It'-sttre-et_wa~rking aliD11lg w. 561ft Pla'Ce" and!" • w iiilll bvfree mpaidlwarking.. Ms:.. MlfruUak statedl C1lll'll'en11Ey aD on wee pal ing. • fie . J?rannin:g. Commrssro'JIIl1 Minute :e ptem tiJem i 9 Z(i)lEJ> Comm:is&iuner DU&AN i'n:qmliecl, aoout th averag building b_ei:ghtoffutwie new d'evetopment . M~ Mikulak stated tha improgerttes-,m-e-r:ezoned t0 th MU-C TO ii))zone drstoc1i ,..<ll singl'e-uSE:"builcling i ·permitted to be-up1>to thstorie s..on 90 teet in heJgh and! a m:iXed-u ou:ildfug would he:permittecll u t stones..orr 11 fee t..imhe_ighti .. A s.buiifclings, ge talle tile w11Ill neecll to mee certain step-bac and Butrerihg recqurrements-~ Th a~tuali b:erghti!ofrr.ew struetures wilD o driv en o tm pn1(at marlt~t and r:eguiatedl by zoning. Commissto11l _ WEA askoo f0r-da:ri:ficati0llllo w IJuildin:g_B:eigbts.,wou:L allowed and wb:ati areas..of'tlle_ land ~rna would De-eligibE fur tall'er bu:itdfugs-~ Ms. Miiufak. stated tfre-private-r:narrket. wou:Jld djctate-II.o tall t:h-t 5uil'ding.. wocldl Oe- cunstmcted I!Yu1i tih MV-C TOO zoning would permit up to; stori~s..ifJlandl netrt:llno 8{1)0: oilthe--track was rrezoned.. CommiSSl'(!)nerTIMMS aske:dl wbe11l th statiun is scfiedhled t([)"ogennandl ifth:e-c:ity h seen any i'nc'lreasecl i'nte.trest • tfris· rurea for redevelopment. Ms. Mikulallstated th statiom rs..scheclhlecl to opeilll-20116-J. Mrr. Johnston statecl tiler; h bee some i'ntelies in develOpment iin tfJi are3l am:f a metroyolitarulistrictha:s,be created whicft establishes a marrcm:g.meo.l::ra:nismn t orr pubfii i:mproNements.. V oc Chair OHM opened the publi frea:nng_. M Snow stated she was imfaV(i)T(i)fth "ght rail but expressed frerl<ilonams rrefate:cll t (!)) buitifng freight. obsmrcted rmruntaiJill views, and the nuisance-0f[ightspilling.oN e.tr fil!mJI the parking ~ lights onto rreighboring properties-. Ms-~ Snow state-d that_ th an Jli onEre tracks is at higher e:fevation an tllerefore tall'etr buildmgs ar nu1L appropri e in this area. Mr Johnstorre restated the heigfi: limit for th:e Mixed-Use-C<!llDDle.r:ciall l J) zonimg. hfc (s,6; Storie s;,or 90 fee l for single-use Cifeveroptmm11 an:cl' , stories OT 1 ]8 f'ee ('(!)J' mixed us devel0pment. s-. Snow stated! sb saw no val't:re m tiles; frei:gh alfowances-. Commissi oner D Sho sta: e:d n0 . asked .M~ Srrow iif's11 w -favor-oil61 stoary ouiilclings~ MS>. Vie.e Cnair OHM closed! the pullrfic forum . Vrce ClTairOHM as edahou: tfl e-c:rite • torexteu0rfrgll1ing Ms-..Mikulallstatedtfte property fO th sta1ion rs-.zone ind'ustdafEy andl transi stall'(!)mre·qui:Jre speci:aJluse pennrt. RID stilT need t O" go through the SUP process;, whic would incl'ude review of ru photometric p-fan either a't. tfra time or-auft tim offmilding permit. There--atie maximum he igh requirements for parking Io fighting_ and requirement s;, tfraL I igfrt spilloveroe minimize-d'. Pfanning. Commissi on Minute·s-. September r 9 zo ]3 3 O :tnnmissionelrGliJJ!ILDNER.statedi sn was.-filv0T ofthe update-an-d W<I>uld h V.<I>1iing · es. as tihris,[s..a eln.an~fif>tr new b>usinesse and residence in lil'istliie.J 4 . CC1!mmissi0rrer-ll) asltecll rfth c<mnn:issiun eoufd suggest tiha1i tairn fuu:DL'din:gs.re testmirtecl, 0IT~ t! tflt; atreall S<I>I!ltlfu<I>ftl] tliaci:s.. Wfii<il atr~ati_ r0wetr1 efe:: atr0tlll. Mur. J<I>ilmrst<I>rre-stated) tlire G'<I>mmissi0 Cl_'(!)Uf<di sugges S0me11Ering_ t tlirat_aftee'tT lhu11 n<ote:cdl t1ha: til] swlhrurmpl'ann-an acl'viS<I>lt}' cl(iJcum:en rr01t . reguJ'atiDvy cl'00mm:en11 . tn'tlimate]y . til] 2omim:g_ oon:tilroEs-. wll:atJ earn lhe-lbw:Dltl amflt wlla: Ereigfrti. 1ll1ene-rure:: ~me-"Fallre-fuu Drdfugs.. atr su.llrjm. t(i)) add'itionall recquireme:rrts..su:e.fuas..nhe-step bac trequirremem..andla maocimumn fi:eigb: <Of 4l st<I>ri wi11.hi1rni pu0i'Cimity t0 existing single family Ite:s1cl'em:€res. .la:nd'swpmg bUlfffe:trs-ane ueq·witredl fuetlwe:e:m tal!U hm:iiM'ing and existing ne i'<!fentlia 1u e a]f buill(din:gs G'ann lire i'm:pa(iltfuL. amdl mixed zo~ i's-sensitiiv t® t!Jian&iticnall atre.a& wmi~!Jy t® estal!YIJiishecll m:eigllrtiY01TI100d&. C<I>TDIIIIliss r<I> et11 G\JlRD ER' asked wllere resicl'entiall llom:e atr rccatecll wit.fr:m 0 m:ea:trllry nfre-sutir.urea Ccmmi;ssimrem D statecll she wants to> see pttugzress; fuowe 01 sh'Jlra;s lilllalll1Y questl'(!)lll5 and! d1 esn b. t.Jlink sn G'3ll SU:Jl>Jl>'(!)l!t.the update-at th[ tl.iiimJ - C(!Jtn]Dj's:si cn-er TIMMS recagni~Zed the ducumen:1lias advis01cy' i'ni natUJTe-a:ndl n i1l. faw_ €" statecll )] was-in suppnrtt of the pfam update; site: s.fWulcd the-gateway an l1lil' itre' miirn:m . P'atrltirrg ran:ds:~ping se1ilbacks a:rn:diJ~Ji stamifu:rrd w.iillll arflfe~ de d'c]>melil1l..patl!em ancll JjJiievent a ptro iife:tration o tall buifdln:gs amross tn a:reau. Ju fue€iaus€"&-stmy lbu:ifcli'rrgg.atr arrowed does rro11mean that.JS:-storry buiJI<ifmgs-wiillll be lhm[ti a-e.:tross tl!re emme'atreaJ_ Comrmissi €>Klr WEA asked! Df'efeva11i'(i)IIJ ~ Ci:'Un :red'e:tre wfu:elillltregufa1img maximWJilll nei ght. Egb stollie on a 11 mll'side wiiiJll se·em tarrerr-t.l1 e:i gfit stclife at1J nfuJ base of a liim_ Ccmmissione.m D1IM S.aske-dl V1f my futtUJTe-uez0lili'rrg. e'(1)1l)lcll illl'€! fwcrfe tlim d'iS(l:l!l sromr of rna:rirmu:m neignt. M _ Mik1Jifalts~1ed that Prannmg..C0mnrissio!lllancd City Counol w.wfd Rview lie"Z0nrng treCILUES · bot site plans alie~lifo iwdmd'edl witftnrre-qu:estit t0 rez-0lle'to anm"· edllllSe cllisttri<:t. I1 (i)1T' all JieZ0n ing. t(i)l a pfanned crfev ef0pmen aJ site-p-fa:m a:ndl JjJii0]JOSedllhu "fdi.mrg.. freight wollllfdl JlJe lncl'u:decll andl €Ollllfdl be dliscu;ssedL Th Clt_y (!J]Wilea Ridge doe lif011 have iew-sfledl olid"mance • Conunissi0ne.m WEA VIR stiatecll ft:elU SUm']YOII't.o m~xecll wse tim fuas--OOtirtrem witl~Jlth p0ten:ti:a1llmpan 0'f ergnt tory bu~C!ilrrg a11 1ifE topof'Ul.e Jlill_ He]') tm elistancrfl11g 0i mfuce us andla pfamredl devefopmentt r tha:tt. thetre-is.. a spenre site-p;fall". s Milrufd. s~teclJ iif a site-pfa mee1is..a1 1o tJl:e rnixecf U:se'ZOllling.sta:ncrfarre!fs-arrdJ d'e'S'i~ ~ri eli.iia, aJ tte plan cam fu€" al>]'li0<vecll w lth n nego ra1ti~n of burukd:lrrg heigl11i. Tllre11e:-is.-mclie nego.tiativ Pl'annlng.. Commrss:follli Minute Septemlhe E9l 1(1))]}> 4 rerated tl a ll'L'anned' d'evel0pment.. 1l'h inten1i 0fm:ixed us zomng wa:s..t! pr_<!lviue- C'cmsistent standard fou develop errsr,amf tfu C ity and staff anticipateS,mos ~:ez0n:iitg t:e<i[uest:s.t be t a,m:ixed us z<lme_dj stliic.t O~mmissr0ner B CKNAM stafedJj t!ha ~ view-sfre eonsideratr0ns,are-t! !Je- inco oiTated tften 1lfre zoning eo<lfe-need Wil b re:vrsited B\rilomg..l'ietgfit shoul'dl n'0 t.be rtegu;fated <'Jtr a prope_w -lJ!-P !1JPelit!Y lJasis be,cause-there need t0" conS1stent.awli'0:atliom ([)Jtfre.Z0nm~c:o'de-sta,nlifa£d1 an e'0nsisten'€y 0 cfe.vetope_rs" C<!nnnnssii:m OHMi askedl ~ dever0pens intenest t6: JollJ ancJre property <rnm bef61T! 0 affetr the: ptt0pelit!y was trez(i)lledl tilie MU-C TOO. Mr ~ J<!Jfinston stated tlllatLth devclb 1!>0~e<lf a11 tfre: a11e.an ~ 2JOC(i)6-0 20a'1'1 Jl!Tlorto the rez0ning 11Jl:iS,.eas,e-w.as presente-d by Laure Mikufak. Sh entered tlfitcase-fiiJ amldraiii 0Tclinanc, Iilt0 the reeoTdl.. Sh statedl pubric m>'ti:emg reqwrements;.ftav be·m m ~an-d ad~ISe<lftill C<!Jmmissi(i)mtnere was:jurrisdictmn t fi:eartlri case: Slle-reviewedl sta« report and cligitall presentation. Sn strteclf City Omncill will fioHif publid1earmg mrtllis (i)Tdinance on Monda]', September 23 , 20 111'. Them portiorr <!J tlliS-<IJt:dfuane tilla aflfeet!s. Chapterr Z&rs the permitted us eftatrt. Retat 1 mam:Jmma busm:esses are r0p'(!Jsed t b permittee · Commercia¥ One (C~ •) arrcdl Imi'trsmaJI Emgf<!Jyment. ( l-E) z0ne:d1strie~ ChaQte ~ ~ wiil indude minimum BuilFe:trin:g.requfrements:. 'Ilre-unique-eumm'0nen o hllJ mdirrance is 11fre-%-mile bo'ffe r a]lWLies t ®>ret!a]M store: imid and 0utsid ·wne:an Ridge. Commissi oner BUCKN\AM as edl fC!Dr cl ru-ffi'cati'(!J[fl ab'<!Jutexistmg:,medicaD maTijbanan estallriTsfun:entg, in neigflboring.municip-al'i11[e$ witfn an %-mil1 m:du m asked iiD arti}: maps:.0T [rsts;;ar available:f<lnr n:efglllbmfng.municipal busmesses... Ms. Mikurak.statedl the c~ d'<!le n:ot L(e-ep»au list ofl existirrgJ msirresses • otfter cities:;:.slie-explaine tfie·proees g, o r.eviewiitg_appfi~ati<lms an dete11Illining tfre·efigibility 0f'a ocatrom UntiE fiflrma] lJusine:s li'€ense applfeatio is sullnnitteclL it £s.,tfte responsmilrcy 0 tB applic'antt Iden1i ~ mecl1ca marij uana reta1 s centetrs cutsi cle ci"'WlleatRfdg Ol)mnnsswneT li1IMM $aske clL f0 clru-" rca ion refated f(!J)l cullocatiom, Ms-. Mil(ufak statedJ tha1i extstrng.me:di:call marijuana busine-ss can als<!J hav reta:t IIIattijuan Licens e-alrowing. tifie to se lll t<!J medicaE marijuana c a:rrcdl PrordeJr m th generaL public-:. 1Jile tlw<!J Bus-inesse wo1!llcl' be on en the same r(l)o ] andl w0ufd Be ex emptJr0 the %-m:iile Pranning_ C'<!J1lTITliss-ion Mmute 5 SelJtem I 9J ZO I3 9 Vic Chaim OHM dosedl th pw llrEre heaFiirg as theli e-were mD. membell&. iDr tihe a11rcliencoe--t<D speak. C<Dlliiiiiiissroner BUCKMA statedl I] was..i'mf3Jv<Drofth m<D11imn as-[ mritrtr<D mnaF.iijw:am:a zolllli g • .ob. appm,.-; 6-0 meetin s te tatiYely scb 6y Commissio to adjo rn tb Prmlilifllrg Cmmm ismon Min t~ SeptembeJT 19y 1 f!)JB ,