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!
Ill I 0
)> ..: I-~ z en
g I~ ~ ~ r-en z m ~ N
~ I-31ST AVE
0 1--z en
:::> ~ ..: z
lJl TH DR ;5
9TH AVE
~ 1 ! w 28THP ~
_J z t ~ ~0 28TH AVE ;$
Ill ~~\) 5 27TH LN
I I
I-en
I-
I ~
ii 0
3: a::
0 a::
~
I
I
I
I-I-0 en
I-I-
I I
~ ~
ii ii
3: 3:
I-
31ST AVE 0
0 a::
~
29TH PL
I-en
z
0 z 29TH AVE -~
I-
0
z
0
z z ~ :::>
> > 36TH PL
I-
0 I-en z z ..:
35THAVE ~ ..:
Ill
:::> a:: :::>
34TH Pl
I-en
z
0 z :::>
Q~ ~~,~~
'!>'~-~"' Q~
32 NDAVE
31ST PL
I-en
z
I-en
z 1:fo Q
~ > ~" v-1-~ 5
> s-~ -1~ ".) & ~ 0
Y< '<'-o,
').'ll"i
I-
0
I-
IL ~
37TH PL 0
a::
0
Ill
~
36TH AVE
32N D Pl
Q~
~0~
"'"' ,l.Q~
~"«; "'~"'
<?" 4~
0-9
(1'-'ll"-~
'); ~~'1t.,
~IS'
0-9
c
«." ~.._'<('
27TH DR
<?"
1-'0 ... ~
1-70 & W. 32ND aVE.
CDTO SIGNALS
WHEAT RIDGE
~
51*_~,
Ro.dCanteftlne
~--"'011"-r.....S-..:1 --s--.., ...... us~
~---gty_ .. __ .....,
~~'-· C..-::! . .............,
N W.E
s
0 500 Fee
Horizont.l Coordin.ce System.
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 ,