HomeMy WebLinkAboutCity Council Meeting Packet 01-11-16CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 291H AVENUE, MUNICIPAL BUILDING
January 11, 2016
7:00p.m.
Individuals w;th 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
ROLLCALL OF MEMBERS
APPROVAL OF MINUTES December 14,2015
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
ORDINANCES ON FIRST READING
1.:. Council Bill 01 -2016-Amending Sections 16-113 and 16-114 of the Wheat Ridge Code
of Laws concerning Solicitation
2. Council Bill 02-2016-Repealing and Reenacting Section 16-106 of the Wheat Ridge
Code of Laws concerning Loitering
CITY COUNCIL AGENDA: January 11 , 2016 Page -2-
DECISIONS, RESOLUTIONS AND MOTIONS
3. Resolution No. 01-2016-amending the Fiscal Year 2015 General Fund Budget to
reflect the approval of a Supplemental Budget Appropriation in the amount of $14,966
for City Attorney Fees
4 . Resolution No. 02-2016-amending the Fiscal Year 2016 General Fund Budget to
reflect the approval of a Supplemental Budget appropriation in the amount of $29,854
for the replacement of a Parks Department Vehicle
DISCUSSION ITEMS
1) 2015 TLC Neighborhood Update and 2016 Recommendations
2) Fruitdale School Update
3) Wheat Ridge Foundation Donation Request
CITY MANAGER'S MATTERS
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MATTERS
ADJOURNMENT
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CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
December 14, 2015
Mayor Jay called the Regular City Council Meeting to order at 7:00 p.m.
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
ROLLCALL OF MEMBERS
Monica Duran Zachary Urban
Tim Fitzgerald George Pond
Absent: Larry Mathews
Kristi Davis
Genevieve Wooden
Janeece Hoppe
Also present: City Clerk, Janelle Shaver; City Attorney, Gerald Dahl; City Manager,
Patrick Goff; Public Works Director, Scott Brink; other staff, guests and interested
citizens.
APPROVAL OF MINUTES OF November 23, 2015 and Study Session Notes of
November 16, 2015, and December 7, 2015
There being no objection, the Minutes for November 23, 2015 and Study Session Notes
of November 16, 2015, and December 7, 2015 were approved as published.
PROCLAMATIONS AND CEREMONIES none
CITIZENS' RIGHT TO SPEAK
Carol Sue Frickel spoke about the Wheat Ridge Back Pack Program. Trinity and
Jennifer Brown, along with Sharon Brush and Chloeh Halloway, who benefrt from the
program, explained what the program means to them and demonstrated the items in a
typical back pack that students get for the weekend. Kullerstrand, two other elementary
schools in Wheat Ridge and Head Start receive back packs. The backpacks are
assembled weekly by volunteers for students on free/reduced lunch.
Rachel Hultin (VVR) announced that applications are being accepted for WR2020's 2016
Wheaties Academy. The cost is $250, but scholarships are available. -She also
announced the ATAT State of the City event on January 12 at Colorado Plus. They
recognize people and groups that support walking and biking. Tickets are $15.
City Council Minutes December 14, 2015 Page 2
APPROVAL OFAGENDA
Mr. Goff said it would be proper to switch the order of Agenda Items 8 and 9.
1. CONSENT AGENDA
a) Motion to award ITB-15-28 2015 Miscellaneous Drainage Projects to Diaz
Construction, Lakewood CO, in the contract amount of $179,570 with an
additional contingency amount of $20,000 [Budgeted item; replace two failed
storm sewer pipes on the bluff on the south side of Clear Creek]
b) Resolution No. 55-2015-amending the Fiscal Year 2015 General Fund
Budget to reflect the approval of a Supplemental Budget Appropriation in the
amount of $300,000 for the purpose of funding the Kipling Ridge Tax Increment
Financing Agreement [for June to December 2015]
c) Motion to adopt the 2016 Regular City Council Meeting Calendar
d) Motion to approve reappointment of Nancy Snow and Wanda Sang to the
Election Commission, terms to expire December 31 , 2017
e) Motion to ratify the Mayoral Reappointment of James Bahrenburg to District II
of the Wheat Ridge Urban Renewal Authority dba Renewal Wheat Ridge, term
to expire November 30, 2020
f) Motion to appoint Elected Officials to Outside Agencies
CO Municipal League -Zachary Urban; Monica Duran, Alternate
Police Seizure Fund-Larry Mathews
Councilmember Pond introduced the Consent agenda.
Motion by Councilmember Pond to approve the consent agenda; seconded by
Councilmember Fitzgerald; carried 7-0.
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
2. Council Bill 28-2015-an Ordinance Approving a Zone Change from
Restricted Commercial (RC) to Mixed Use-Neighborhood (MU-N) for property
located at 4340 Harlan Street (Case NO. WZ-15-08/Lightway)
Councilmember Urban introduced Council Bill 28-2015.
Rezoning is the first step in the process for redevelopment. All further site plan review
will be done administratively with no additional public hearing required.
Clerk Shaver assigned Ordinance 1589.
Mayor Jay opened the public hearing and swore in Meredith Reckert.
City Council Minutes December 14, 2015 Page 3
Staff presentation
Ms. Reckert entered into the record the comprehensive plan, the zoning ordinance, the
case file and packet material and contents of the digital presentation. She testified that
all notification and posting requirements have been met.
Ms. Reckert explained the reason Mixed Use Zones were created in 2010 was to provide
a predictable and streamlined development process. The process involves a
neighborhood meeting, Planning Commission hearing, City Council public hearing and
administrative review of site plans. Property owners and developers liked Mixed Use
because it provides flexibility with land uses, minimal expenditures up front and a
predictable schedule. It encourages medium density mixed development and allows for a
range of commercial, retail and residential uses.
The property in question is 11 ,000 sf and has most recently been an antique store. The
parking lot will be resurfaced but no other changes are planned. The zone change is
necessary to allow the owner to locate a satellite day care facility of Lightway at Sloans in
Edgewater. Ancillary office and residential uses are anticipated. No one came to the
neighborhood meeting and staff has received no notice of concerns. All agencies can
serve the property. The Planning Commission had a hearing and recommends approval.
Staff recommends approval for the following reasons:
• The zone change promotes the health, safety and welfare of the community, with
no significant adverse effects.
• A zone change to MU-N is supported by the adopted plans.
• MU-N is compatible with the surrounding area.
• The criteria used to evaluate a zone change supports the request.
There was no public comment or discussion/questions from Council.
Mayor Jay closed the public hearing.
Motion by Councilmember Urban to approve Council Bill 28-2015 -an ordinance
approving a zone change from Restricted Commercial (RC) to Mixed Use-Neighborhood
(MU-N) for property located at 4340 Harlan Street (Case NO. WZ-15-08/Lightway) on
second reading and that it take effect 15 days after final publication for the following
reasons:
1. City Council has conducted a proper public hearing meeting all public notice
requirements as required by Section 26-1 09 of the Code of Laws.
2. The requested rezoning has been reviewed by the Planning Commission, which
has forwarded its recommendation.
3. The requested rezoning has been found to comply with the "criteria for review" in
Section 26-112-E of the Code of Laws;
seconded by Councilmember Davis.
Councilmember Davis asked about space for a playground. Ms. Reckert testified there is
space in the back yard for that and all state requirements for day care would be required.
The motion carried 7-0.
City Council Minutes December 14, 2015 Page4
3. Council Bill 29-2015 -an Ordinance Approving the Rezoning of property located
at 10590 W. 44th Avenue from Planned Commercial Development (PCD) to Mixed
Use-Neighborhood (MU-N) (Case No. WZ-15-04/Golabek).
Councilmember Wooden introduced Council Bill 29-2015.
The applicant is requesting a zone change to expand the permitted uses, including
residential. Following the zone change all further site plan review will be administrative.
Clerk Shaver assigned Ordinance 1590.
Mayor Jay opened the public hearing and swore in Ms. Reckert.
Staff presentation
Ms. Reckert entered into the record the comprehensive plan, the zoning ordinance, the
case file and packet material and contents of the digital presentation. She testified that
all notification and posting requirements have been met.
The property is a .45-acre plot on the corner of 441h & Moore Street. In 2001 the property
was rezoned with the intent to develop into a garden center. The applicant wants MU-N
zoning so it can include residential with any possible commercial uses. There have been
no concerns from the neighborhood. All agencies can serve the property. Further site
plan review will be done by staff.
Staff recommends approval for the following reasons:
• The zone change is consistent with the comprehensive plan .
• Increased uses will benefit and may serve as a catalyst for other investments in
the area.
• The criteria used to evaluate a zone change supports the request.
Mayor Jay closed the public hearing.
Motion by Councilmember Wooden to approve Council Bill 29-2015 -an Ordinance
Approving the Rezoning of property located at 10590 W. 44th Avenue from Planned
Commercial Development (PCD) to Mixed Use-Neighborhood (MU-N) (Case No. WZ-15-
04/Golabek) on second reading and that it take effect 15 days after final publication for
the following reasons;
1. City Council has conducted a proper public hearing meeting all public notice
requirements as required by Section 26-1 09 of the Code of Laws.
2. The requested rezoning has been reviewed by the Planning Commission,
which has forwarded its recommendation for approval.
3. The requested rezoning has been found to comply with the "criteria for review''
in Section 26-112-E of the Code of Laws."
Seconded by Councilmember Hoppe; carried 7-0.
City Council Minutes December 14, 2015 Page 5
Mayor Jay opened a public hearing for Items 4-7.
To minimize potential negative impacts of HB-1348, staff is recommending a substantial
modification to the City's four Urban Renewal Plans. Modifying the plans prior to January
1, 2016 will allow Urban Renewal to continue using tax increment financing (TIF) in the
plan areas under current law rather than the new regulations of HB-1348 which takes
effect January 1, 2016.
4. Resolution No. 48-2015 -Approving a substantial modification to the Wadsworth
Boulevard Corridor Redevelopment Plan to allow for the utilization of Tax
Increment Financing
Councilmember Pond introduced Resolution No. 48-2015 and read an explanation of the
issue covered by these resolutions.
5. Resolution No. 49-2015 -approving a substantial modification to the West 44th
Ave. Ward Road Redevelopment Plan to allow for the utilization of Tax Increment
Financing
Councilmember Wooden introduced Resolution No. 49-2015.
6. Resolution No. 50-2015-approving a substantial modification to the 170/Kipling
Corridors Urban Renewal Plan to allow for the utilization of Tax Increment
Financing
Councilmember Wooden introduced Resolution No. 50-2015.
7. Resolution No. 51-2015 -approving a substantial modification to the 38th Avenue
Corridor Redevelopment Plan to allow for the utilization of Tax Increment
Financing
Councilmember Urban introduced Resolution No. 51-2015.
Staff presentation
Steve Art gave the staff presentation. He explained how these areas are set up to
mitigate blight. He noted uncertainties and ambiguity acknowledged by the sponsor of
HB 1348 and the Governor. HB 1348, [passed in the recent legislative session] requires
adding new members to the URA board to include:
• 1 from the County
• 1 from the school district
• 1 from another taxing district.
Mr. Art said we want to avoid making these people come to URA meetings unnecessarily.
HB 1348 also requires Impact Reports and a negotiation process with all taxing entities.
City Council Minutes December 14, 2015 Page 6
Mr. Art outlined the "substantial modification" process. There will be no changes to
property taxes or changes to any properties. All property owners, residents and business
owners were notified; the Plan and Impact Report have been submitted to the County
and the school district; posting requirements have been fulfilled.
Mr. Art stated that what is being asked for tonight is the start of the 25 year TIF clock on
all the plans. No specific activity is considered with this action.
Ann Ricker of Ricker/Cunningham, an urban renewal consultant, gave a presentation
highlighting the intent of the four existing urban renewal areas:
• Wadsworth Boulevard
• West 44th Avenue and Ward Road
• 1-70/Kipling Corridor
• 38th Avenue Corridor Redevelopment Plan (less the NW corner of 38th & Upham)
Public Comment
Karen Case (WR), owner of property near 38th & Eaton, said other than a letter about
this hearing there has been no neighborhood meeting. Neighbors didn't know about this
action and didn't know about the hearing. It was determined that Ms. Case's concerns
were about the modification to the 38th Ave Corridor Plan -Items 8 and 9. Mr. Goff
explained there is no rezoning happening -only an amendment to the plan to allow
TIF to start. Ms. Case said when 41st and Fenton was developed they were promised
neighborhood meetings, but there were none. Mr. Goff assured her the City follows
proper procedures, but she suggested that follow-through by the City is not always
ha~pening. Councilmember Hoppe told Ms. Case the town hall meeting for the design of
38 h Avenue would be on January 14 at the Rec Center.
Mayor Jay closed the public hearing.
Motions for the resolutions followed.
Item 4
Motion by Councilmember Pond to approve Resolution No. 48-2015 a resolution
approving a substantial modification to the Wadsworth Boulevard Corridor
Redevelopment Plan to allow for the utilization of Tax Increment Financing; seconded by
Councilmember Urban; carried 7-0.
Item 5
Motion by Councilmember Wooden to approve Resolution No. 49-2015-a resolution
approving a substantial modification to the West 44th Ave. Ward Road Redevelopment
Plan to allow for the utilization of Tax Increment Financing; seconded by Councilmember
Pond; carried 7-0.
Item 6
Motion by Councilmember Wooden to approve Resolution No. 50-2015-a resolution
approving a substantial modification to the 170/Kipling Corridors Urban Renewal Plan to
City Council Minutes December 14, 2015 Page 7
allow for the utilization of Tax Increment Financing; seconded by Councilmember Duran;
carried 7-0.
Item 7
Motion by Councilmember Urban to approve Resolution No. 51-2015-a resolution
approving a substantial modification to the 38th Avenue Corridor Redevelopment Plan to
allow for the utilization of Tax Increment Financing; seconded by Councilmember Hoppe;
carried 7-0.
Mr. Goff explained there would be one staff report for Items 8, 9, and 10.
~ (Original Item 9) Resolution No. 53-2015-A Resolution approving a non-
substantial modification to the Wheat Ridge Town Center Project Urban Renewal
Plan
In order to facilitate the redevelopment of the northwest corner of 38th & Upham, staff
recommends the 4.5 acres be removed from the Town Center Plan and become a new,
separate plan. The Town Center Plan is 30 years old and has already used TIF.
9. (Original Item 8) Resolution No. 47-2015-approving the West End 38 Urban
Renewal Plan and finding that the West End 38 Urban Renewal Plan area is a
blighted area, designating such area as appropriate for an Urban Renewal Project
pursuant to the West End 38 Urban Renewal Plan, and finding that the acquisition,
clearance, rehabilitation, conservation, development, redevelopment, or a
combination thereof of such area is necessary in the interest of the public health,
safety, morals, and welfare of the citizens of the City of Wheat Ridge
This resolution forms a new urban renewal plan area called West End 38 for purposes of
developing the northwest corner of West 38th and Upham Street. The Plan, which allows
for tax increment financing for the project, is adopted by the City Council and
implemented by the Urban Renewal Authority.
10. Resolution No. 54-2015 -concerning the proposed redevelopment at the
Northwest Corner of West 38th Avenue and Upham Street, and authorizing a
Cooperation Agreement in connection therewith
The Urban Renewal Authority has entered into a Redevelopment Agreement with West
End 38 LLC (West End) for a mixed use project at the northwest corner of 38th & Upham.
The Cooperation Agreement authorizes tax increment financing of $4.8M to help fund
public improvements. Approval of a Cooperation Agreement between Urban Renewal
and the City is required to establish the obligation of both parties related to collection and
distribution of incremental sales tax revenue.
City Council Minutes December 14, 2015 Page 8
Councilmember Davis introduced Resolution No. 53-2015, Resolution No. 47-2015, and
Resolution No. 54-2015
Mayor Jay opened the public hearing [required for Resolution No. 47-2015].
Staff presentation
Mr. Art presented the West End 38 URA Plan involving parcels at 381h & Upham. These
parcels are currently part of the Town Center Plan (Safeway and Ross areas) which has
already used TIF. The request is to remove these parcels and create a new area.
Although not part of this request, Mr. Art briefly summarized the current proposal for the
space. It includes 150 market rate rental units, 13,800 sf of commercial space oriented to
381h Avenue, a new Vectra Bank building, a public plaza and structured parking.
Mr. Art testified that all requirements for the substantial modification process as outlined
under Agenda Items 4-7 have been followed.
Mr. Art explained the resolutions:
Resolution 53 removes the parcels from the Town Center urban renewal area.
Resolution 47 adopts the West End URA Plan.
Resolution 54 is the Cooperation Agreement between the City and the URA.
Ann Ricker went through the Conditions Survey.
• She testified that the site contains 9 of 11 blight factors that will substantially
impairs sound growth of the city, retard the provision of housing , or constitute an
economic or social liability, and are a menace to public health, safety and welfare.
Existing blight factors include:
o b) predominance of defective or inadequate street layout,
o c) faulty lot layout
o d) unsanitary or unsafe conditions
o e) deterioration of site or other improvements
o f) unusual topography or inadequate public improvements or utilities,
o h) existing conditions that endanger life or property by fire or other causes
o i) building that are unsafe/unhealthy to live/work in
o j) environmental contamination
o k.5) substantial underutilization of site, buildings or other improvements
• The Plan includes 4 parcels (4.5 acres) and adjacent ROW that are owned by two
entities-Olive Street Development and Wadsworth Building Corp (Vectra Bank).
• The property is zoned MU-C (Mixed Use-Commercial).
• The project removes blight and is consistent with the Comprehensive Plan
Public Comment -none
Mayor Jay closed the public hearing.
Motions to adopt the resolutions followed.
City Council Minutes December 14, 2015 Page 9
(for new Agenda Item 8)
Motion by Councilmember Davis to approve Resolution No. 53-2015-a Resolution
approving a non-substantial modification to the Wheat Ridge Town Center Project Urban
Renewal Plan; seconded by Councilmember Hoppe; carried 7-0.
(for new Agenda Item 9)
Motion by Councilmember Davis to approve Resolution No. 47-2015-a resolution
approving the West End 38 Urban Renewal Plan and finding that the West End 38 Urban
Renewal Plan area is a blighted area, designating such area as appropriate for an Urban
Renewal Project pursuant to the West End 38 Urban Renewal Plan, and finding that the
acquisition, clearance, rehabilitation, conservation, development, redevelopment, or a
combination thereof of such area is necessary in the interest of the public health, safety,
morals, and welfare of the citizens of the City of Wheat Ridge; seconded by
Councilmember Fitzgerald; carried 7-0
(for agenda Item 1 0)
Motion by Councilmember Davis to approve Resolution No. 54-2015 a Resolution
concerning the proposed redevelopment at the Northwest Corner of West 38th Avenue
and Upham Street, and authorizing a Cooperation Agreement in connection therewith;
seconded by Councilmember Duran; carried 7-0.
DECISIONS, RESOLUTIONS AND MOTIONS
.1.1.Motion to reconsider Council Bill No. 22-2015-an ordinance repealing and
reenacting Article II of Chapter 9 and amending Article II of Chapter 17 of the
Wheat Ridge Code of Laws to Regulate Smoking in Public Places
Councilmember Fitzgerald introduced Item No. 11 .
On October 12, 2015, Council adopted an ordinance which:
• Aligned the city code with the Colorado Clean Indoor Air act (CCIAA),
• Broadened the definition of usmoking",
• Prohibited smoking in all City parks and facilities,
• Prohibited smoking at transit stops,
• Permitted smoking in outdoor patio areas of restaurants and bars,
• Prohibits hookah bars, and
• Reaffirms the City's prohibition of open and public consumption of marijuana and
the operation of marijuana clubs.
Following adoption, the Council heard additional comments related to "specialty vaping
stores", addressed it at a study session and directed the following changes be made:
• Delete the terms "including liquid" from the definition of tobacco
• Create a new category of business-"specialty vaping store", where smoking,
including vaping of liquids, would be permitted.
• Make necessary conforming amendments to accomplish these changes.
City Council Minutes December 14, 2015 Page 10
Mr. Dahl elaborated on the purpose for the reconsideration and the resultant changes.
He reported that similar changes exist in Arvada and they report no problems related to
the special vaping stores.
Public Comment
Katherine York (lakewood) said she is happy with the allowance of testing in vapor
shops and thanked the Council.
Cindy Gallespie (WR) thanked Council for listening to their requests.
Sean Johnson (lakewood) shops at one of the local vape shops and appreciates being
able to test different flavors.
Kevin Price (Littleton) thanked the Council for a reasonable solution . He noted that e-
cigarettes in the United Kingdom are supported by the government, and that
pharmaceuticals and big tobacco don't support vaping because it hurts their business.
Todd Dempser (Arvada), owner of the vape store in Arvada that Mr. Dahl visited,
suggested there are misconceptions about vaping. He said people who vape don't want
smoking because they are all ex-smokers, and they have nothing to do with marijuana.
They want healthier environments and are on the same side as the Council.
Mike Sawyer (lakewood), police officer in a mountain town, shared his story as a former
smoker who vapes. He thanked the Council for making these changes.
Mr. Dahl suggested striking the parenthetical phrase in section 9-24 that reads "including
vaping of liquids".
Motion by Councilmember Fitzgerald to reconsider Council Bill No. 22-2015. Ordinance
No.1584, Series of 2015, -an ordinance repealing and reenacting Article II of Chapter 9
and amending Article II of Chapter 17 of the Wheat Ridge Code of Laws to regulate
smoking in public places, and further to amend and readopt the same upon
reconsideration in the form provided by the City Attorney, with the deletion of "(including
vaping of liquid)" in section 9-24(11 ); seconded by Councilmember Pond.
Brief discussion followed . It was noted that buildings for cigars, cigarettes and vaping do
not require special ventilation systems.
The motion carried 7-0.
12. Motion to accept Right-of-Way and Temporary Construction Easements from
adjacent property owners along Tabor Street between 491h Avenue and Ridge
Road
City Council Minutes December 14, 2015 Page 11
This action accepts three of the five required rights-of-way necessary for the widening of
Tabor Street (north of 491h Avenue) and the addition of bike lanes and sidewalks. The
project is partially funded with federal money. The City's right-of-way consultant, H.C.
Peck & Associates, used the Federal Uniform Act to acquire the necessary properties.
Acceptance of the other two rights-of-way is expected on January 11 , 2016.
Councilmember Wooden introduced Item No. 12
There was no staff report. Council had no questions.
Motion by Councilmember Wooden to accept Right-of-Way and Temporary Construction
Easements from adjacent property owners along Tabor Street between 49th Avenue and
Ridge Road; seconded by Councilmember Duran; carried 7-0.
CITY MANAGER'S MATTERS
Mr. Goff played the first of the City's new promotional videos advertising the public
process to design 381h Avenue. This video and others like it will air on Channel 8, the
City website and other social media. Interviews with some groups are ongoing. The first
town meeting will be January 14 from 6-Spm at the Rec Center. -It was pointed out that
the three public meetings are all different and build on each other, so interested parties
should plan to attend all three meetings if possible. - A mailer is also planned.
CITY ATTORNEY'S MATTERS none
ELECTED OFFICIALS' MATTERS
Monica Duran read a response to comments at the last two meetings about the recent
election in District 1 and on ballot question 300. She believes councilmembers should
include public input in their decision-making process and that all people's opinions are
important -whether they're on a board or commission or not. -She addressed one
councilmember's statements about the percentages and vote counts in District 1 in the
elections of 2013 and 2015. Unmentioned was the fact that in both cases incumbents
were not re-elected. -She was elected fair and square and deserves the same respect
afforded previous incumbents. The election is over; the voters have spoken in District 1
and on 300. Eulogies of past councilmembers and fear tactics about 300 should stop. -
She cited another councilmember who has called for civility, but uses profanity on the
dais, in emails and at public meetings. At the last Council meeting this councilmember
eulogized a councilmember who wasn't re-elected, read a poem and labeled people who
have different opinions as "bullies"-then called a point of order on Ms. Duran when she
started to read a short comment. -Ms. Duran invited councilmembers to show respect
for the office they hold and the citizens they represent, and to join her in repairing
relationships with the citizens and mending fences with the people.
City Council Minutes December 14, 2015 Page 12
Janeece Hoppe announced that she and Monica Duran will be having a meeting with
District 1 folks on January 27 at Clancy's from 6-8:30pm. People are invited to come
meet their new councilmembers.
George Pond wished everyone happy holidays and a happy new year.
Kristi Davis wished everyone a happy holiday.
Mayor Jay noted that plans are being made for a Council retreat in 2016. No date is set
yet. -She wished everyone a Merry Christmas and happy holidays.
ADJOURNMENT
The meeting was adjourned at 9:02 pm.
APPROVED BY CITY COUNCIL ON January 11 , 2016
George Pond, Mayor pro tern
The preceding Minutes were prepared according to §4 7 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.
~ ~· . "' Ci ty o f JP'WheatRi_dge
ITEM NO: -~ •_
DATE: January 11 , 2016
REQUEST FOR CITY COUNCIL ACTION
TITLE: 01-2016 AN ORDINANCE
16-113 AND 16-114 OF THE
OF LAWS CONCERNING
COUNCIL BILL NO.
AMENDING SECTIONS
WHEAT RIDGE CODE
SOLICIT ATJON
0 PUBLIC HEARING
0 BIDS/MOTIONS
D RESOLUTIONS
I:8J ORDINANCES FOR 15T READING (1/11 /2016)
0 ORDINANCES FOR 2N°READING (1125/2016)
QUASI-JUDICIAL: 0 YES
/~? ~-L)/? L~_/
City Attorney
ISSUE:
A recent federal District Court decision invalidated several provisions of the City of Grand
Junction's panhandling ordinance. The Court struck down the Grand Junction regulations that
prohjbited panhandling based solely on where or when the activity occurred, or how many times
the activity occurred, when there was no demonstrated safety risk.
The Wheat Ridge Code of Laws c-Ontains several solicitation regulations that are the same as or
similar to the invalidated Grand Junction regulations. After the Court's ruling, Chief Brennan
suspended enforcement of the City's solicitation regulations. Trus ordinance amends the Wheat
Ridge Code to eliminate the local solicitation regulations that are likel y now unconstitutional.
PRIOR ACTION:
None
FINANCIAL IMPACT:
None
Cow1cil Action Fonn-Solicitation
January II. 2016
Page 2
BACKGROUND:
On September 30, 20 15, the United States District Court for the District of Colorado issued its
decision in Browne eta/. v. City of Grand Junction, Colorado, Civil Action No. 14-cv-00809-
CMA-KLM. In Browne, several plaintiffs asserted that they regularly engage in "peaceful" and
''nonthreaterung" solicitation and fundraising activities in Grand Junction that violate the city's
panhandling ordinance. The plaintiffs asserted a facial challenge to several provisions of the
city's panhandling ordinance; specifically. those provisions that prohibited solicitation in certain
places or at certain times or after the person solicited has refu sed the solicitor's request. Plaintiffs
argued that these provisions unconstitutionally infringed upon their First Amendment rights,
including the rights of free speech and rree expression. Grand Junction argued, among other
things, that its laws constituted "content-neutral time, place and manner restrictions" on speech.
As such, the city argued. those laws satisfied the "intermediate scrutiny" test that the Coun
should apply when reviewing the laws.
Instead of applying U1e "intermediate scrutiny" test. however, the Coun applied a "strict
scrutiny" test when it reviewed the city's panhandli ng laws. The "strict scrutin y" test requires a
challenged law to be narrowly tailored to achieve a compelling governmental interest. This is a
legal standard that few laws can satisfy. The Court did recognize that "publi c safety" is a
compelling governmental interest. As such. Grand JW1ction's panhandling restrictions that
prohibited threatening. aggressive or dangerous behavior -fighting words, unwanted touching,
physicall y blocking the movement of people or cars -were not stricken down. In fact, the
plaintiffs did not even challenge those provisions. TI1e prohibitions that had no proven public
safety risk, however, were invalidated. such as soliciting within I 00 feet of a bus stop or I 00 feet
of an ATM, soliciting within a parking garage, soliciting at night and soliciting rrom people
waiting in a line or seated at a restaurant patio. Clearly, the Court did not believe that preventing
uncomfortable or unwanted communications constitutes a "compelling governmental interest" in
the face of First Amendment rights.
The Wheat Ridge Code. like many other municipal codes, contains solicitation prohibitions
similar to those that were invalidated. This is not the result of poor planning. Rather, it is the
result of the recent and significant change in First Amendment analysis announced by the United
States Supreme Court in Reed v. Town o.(Gilbert, AZ. The Reed case concemed a chaJlenge to
the Town of Gilbert's sign code regulations. In reaching its decision, the Court announced a new
standard of First Amendment analysis that will reach far beyond sign regulations. Here in
Colorado, the Grand Junction decision may be the first of many ripples created by the Reed case.
To comply with the standards announced by Reed (and followed by the Bro'v"e court), this
ordinance deletes locaJ Code provisions that prohibit solicitation based solely on where, when, or
how many times the solicitation occurs; provisions that prohibit aggressive, threatening or unsafe
behavior are retained.
OPTIONS FOR COUNCIL ACTION:
I. Approve the ordinance as presented on first reading; or
2. Approve U1e ordinance on first reading with amendment(s).
Council Action Form-Solicitation
January II , 2016
Page 3
RECOMMENDED MOTION:
"I move to approve Council Bill No. 0 1-2016. an ordinance amending sections 16-11 3 and 16-
1 14 of the Wheat Ridge Code of Laws concerning solicitation, on first reading, order it
published, public hearing set for Monday, January 25. 20 16, at 7:00 p.m. in City Counci l
Chambers, and that it take effect fifteen (15) days after fi nal publication."
Or,
"J move to postpone indefinitely Council Bill No. 0 1-2016. an ordinance amending
sections 16-11 3 and 16-1 14 of the Wheat Ridge Code of Laws concerning solicitation,
for the following reason(s)"
REPORT PREPARED/REVIEWED BY;
Carmen Beery, C ity Attorney's Office
Patri ck Goff, City Manager
ATTACHMENTS:
I. Council Bill No. 01-2016
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER ------
Council Bill No. 01
Ordinance No. ----Series of 2016
TITLE: AN ORDINANCE AMENDING SECTIONS 16-113 AND 16-114 OF THE
WHEAT RIDGE CODE OF LAWS CONCERNING SOLICITATION
WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a Colorado home rule
municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado
Constitution; and
WHEREAS, pursuant to its home rule authority and C.R.S. § 31-15-401, the City, acting
through its City Council (the "Council"), is authorized to adopt rules and regulations prohibiting certain
conduct and defining general offenses that harm or pose a threat to the public health, safety or welfare;
and
WHEREAS, pursuant to such authority, the Council has previously adopted and defined certain
offenses concerning solicitation, codified as Sections 16-113 and 16-114 of the Wheat Ridge Code of
Laws ("Code"); and
WHEREAS, the Council finds that said Sections 16-113 and 16-114 should be amended and
updated to reflect the current state of the law.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO:
Section 1. Section 16-113 of the Wheat Ridge Code of Laws, concerning sales and
solicitation, is hereby amended to read in its entirety as follows:
Sec. 16-113.-Sales and solicitation in certain places prohibited.
(a) It shall be unlawful for any person to solicit employment, business,
contributions, or sales of any kind, or collect monies for same, from the
occupant of any vehicle traveling upon any street or highway OR ENTRANCE
TO OR EXIT FROM ANY HIGHWAY INCLUDED IN THE INTERSTATE
HIGHWAY SYSTEM within the city when such solicitation or collection:
( 1) Causes the person performing the activity to enter onto the traveled
portion of a street or highway; or
(2) Involves the person performing the activity to be located upon any median
area which separates traffic lanes for vehicular travel in opposite
directions; or
(3) The person performing the activity is located such that vehicles cannot
move into a legal parking area to safely conduct the transaction.
(b) It shall be unlawful for any person to solioit or attempt to solioit employment,
business, or oontributions of any kind from tho oooupant of any vohiolo on
Attachment 1
any highway inch,•eee in the interstate system inclueing any entrance to or
e><it from such highway.
(G) No person shall solicit on private property if the owner, tenant, or person in
lawful control of the property has asked the person to leave or has asked the
person to refrain from soliciting on the property, or has posted a sign clearly
indicating that solicitations are not welcome on the property.
(e) ~~e person shall solicit when either the solicitor or the person being solicitee is
locates within twenty (20) feet of any automates teller machino. Previeee,
however, that •.vhen an automates teller machine is Iecates within an
autematee teller machine facility, such eistance shall be measures from the
entrance or e><it of the facility.
(e) Ne person shall beg in any public parking lot or public parking structure to
which the public er substantial number of the public has access.
(f) ~~o person shall solicit within si>< (6) feet of an entrance to a buileing to which
the public has access.
(g) No person shall solicit when the person being solicitee is locates within the
patio or sieewalk area ef a retail business establishment that serves feoe
ana/or beverages.
(h) No person shall solicit in a public place suring the night.
(i) ~~e person shall beg when either the solicitor or the person being solicitee is
locates within twenty (20) feet of a p1:1blic toilet
(j) No person shall solicit when either tho solicitor or the person being solicitee is
locates within twenty (20) feet of any pay telephone provieee that when a pay
telephone is locates within a telephone booth or other facility, s1:1ch eistance
shall be meas1:1ree from the entrance or e><it of the telephone booth or facility.
(k) No person shall solicit when the person being selicitee is ·Nailing in line fer
tickets, for entry into a b1:1ileing or for another p1:1rpese.
(tC) The words and phrases used herein, unless the context otherwise indicates,
shall have the following meaning:
(1) A1:1tomatee teller machine shall mean a eevice, linkee te financial
instit1:1tions' acco1:1nt recore which is able to carry o1:1t transactions,
incl1:1eing , b1:1t not limitee to acco1:1nt transfers, eepesits, cash witherawals,
balance inql:liries, ana mortgage ana loan payments.
(2) A1:1tomatee teller machine facility shall mean the area cemprisee of one (1)
or more a1:1tomatic teller machine ana any aejacent space, which is maee
available to banking c1:1stemers after reg1:1lar banking ho1:1rs.
(3) Financial instit1:1tion shall mean any bank, ine1:1strial bank, creeit union, or
savings ana loan as eefinee in Title 11 ef the Coloraeo Revises Stat1:1tes.
2
(4) Night shall mean one half hour after sunset until one half hour before
sunrise.
(5) Public place shall mean a place to which the public or a substantial
number of the public has access, and includes but is not limited to any
street, sidewalk, highway, parking lot, plaea, transportation facility, school,
place of amusornent, park, or playground.
~ Soliciting shall mean any solicitation made in person requesting an
immediate donation of money or other thing of value. Purchase of an item
for an amount far exceeding its value, under circumstances where a
reasonable person would understand that the purchase is in substance a
donation, is a donation for the purpose of this section.
(-72) Traveled portion of the street or highway shall mean that portion of the
road normally used by moving motor vehicle traffic.
Section 2. Section 16-114 of the Wheat Ridge Code of Laws, concerning aggressive
solicitation, is hereby amended as follows:
Sec. 16-114.-Aggressive solicitation prohibited.
No person shall engage in aggressive solicitation in any public place.
Aggressive solicitation shall mean begging or soliciting accompanied by or
followed immediately by one or more of the following:
(1) Intentionally continuing to solicit from a person after the person has given
a negative response to such solicitation.
~ Intentionally making any physical contact with or touching another person
in the course of the solicitation without that person's consent.
(~ 2) Intentionally blocking or interfering with the safe or free passage of a
pedestrian or vehicle operator to take evasive action to avoid physical
contact in the course of soliciting.
(4 3) Intentionally using violent or threatening gestures toward a person
solicited which would cause a reasonable person to be fearful for his or
her safety.
(5) Persisting in closely following behind or alongside, or walking irnrnediately
ahead of a person who has been solicited with the intent of asking that
person for rnoney or other things of value, after the person solicited has
informed the solicitor by words or conduct that such person does not want
to be solicited or does not want to gi•1e rneney er anything ef value to the
solicitor.
(e 4) Intentionally using profane, threatening , or abusive language, either
during the solicitation or following a refusal to make a donation, which
tends to invite an immediate breach of peace.
3
(+ 5) Approaching or following a person for solicitation as part of a group of
two (2) or more persons, in a manner and with conduct, words, or
gestures intended or likely to cause a reasonable person to fear imminent
bodily harm or damage or loss of property or otherwise to be intimidated
into giving money or other things of value.
Section 3. Safety Clause. The City Council hereby finds, determines, and declares that
this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is
promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for
the preservation of health and safety and for the protection of public convenience and welfare. The City
Council further determines that the Ordinance bears a rational relation to the proper legislative object
sought to be attained.
Section 4. Severability; Conflicting Ordinances Repealed. If any section, subsection or
clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid , the validity of the
remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or
parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed .
Section 5. Effective Date. This Ordinance shall take effect fifteen (15) days after final
publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this
11 lh day of January, 2016, ordered published in full in a newspaper of general circulation in the City of
Wheat Ridge and Public Hearing and consideration on final passage set for January 25lh, 2016, at 7:00
o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of
___ to • this day of • 2016.
SIGNED by the Mayor on this ___ day of---------· 2016.
ATIEST:
Janelle Shaver, City Clerk
First Publication:
Second Publication:
Wheat Ridge Transcript
Effective Date:
Joyce Jay, Mayor
Approved As To Form
Gerald E. Dahl , City Attorney
4
... ~
...... r City or
JP'WlieatRi_dge
ITEM NO:~
DATE: January 11 ,2016
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 2-2016 -AN ORDINANCE REPEALING
AND REENACTING SECTION 16-106 OF THE WHEAT
RIDGE CODE OF LAWS CONCERNING LOITERING
D PUBLIC HEARING
D BIDS/MOTIONS
0 RESOLUTIONS
City Attorney
ISSUE:
~ ORDINANCES FOR 1sT READING {1111 /2016)
0 ORDINANCES FOR 2 ° READING (1/25/2016)
D YES
Section 16-106 of the Wheat Ridge Code prohibits loitering in and around schools. This Code
section contains exactly the same language as a prior version of the state loitering statute. This
prior version of the state loitering statute was invalidated by the Colorado Supreme Court in
198 1 . This ordinance amends Code Section 16-606 to mirror the language of the current valid
state loitering law.
PRIOR ACTION:
None
FINANCIAL lMPACT:
None
BACKGROUND:
In the past, state and local governments attempted to prevent criminal behavior and other
undesirable conduct through vagrancy statutes. These statutes typically defined the crime of
vagrancy not by behavior, but by a state-of-being or condition. Eventually, such statutes were
invalidated as status crimes or as impermissibly vague. In response, jurisdictions eliminated
traditional vagrancy laws and replaced them with defined criminal offenses such as loitering.
Council Action Form-Loitering
January I I , 2016
Page 2
However. loitering statutes have been subject to the same sort of scrutiny and legal challenges as
their predecessors, vagrancy statutes. Individuals enjoy a level of constitutional protection to
move freely about, including the right to stop moving about and remain stationary if doing so
does not harm other people or property. The United States Supreme Court has called this ''right"
an historic "amenity of life" in this country.1
Loitering laws have been challenged and invalidated for a variety of reasons, among them: when
the term "loitering'' was not clearly-defined, when the law failed to provide clear standards to let
people know what behavior was prohibited or to guide police in consistent enforcement
(unconstitutionally vague), and when the law reached further than intended to bring non-criminal
behavior within its scope (unconstitutionally overbroad).
The City's existing loitering offense. contained in Code Section 16-106, has been in place since
at least 1977. This Code section was apparently modeled on the then-existing state loitering
statute that prohibited loitering in and around schools under certain circumstances. Over thirty
years ago, that state statute was invalidated by the Colorado Supreme Court as both
unconstitutionally vague and overbroad.2 Quickly following that decision, the state statute was
amended to specifically address the reasons given by the Court in striking down the statute. The
state's current loitering law has remained largely unchanged and unchallenged since then. This
ordinance amends the City's loitering law to mirror the state's current loitering law.
OPTIONS FOR COUNCIL ACTION:
I. Approve the ordinance as presented on first read1ng; or
2. Approve the ord inance on first reading with an1endment(s).
RECOMMENDED MOTION:
"l move to approve Council Bill No. 2-20 16, an ordinance repealing and reenacting section 16-
106 of the Wheat Ridge Code of Laws concerning .loitering, on first reading, order it published,
public hearing set for Monday, January 25, 2016, at 7:00p.m. in City Council Chambers, and
that it take effect fifteen ( 15) days after final publication."
Or
"T move to postpone indefinitely Council Bill No. 2-2016, an ordinance repealing and reenacting
section 16-106 of the Wheat Ridge Code of Laws concerning loitering, for the fo llowing
reason( s) ''
REPORT PREPARED BY;
Carmen Beery, City Attorney's Office
Patrick Goff, City Manager
1 Papachristou v. Cicy of Jacksonville, 405 U.S. 156, 164 (1972) (invalidating a Jacksonville vagrancy ordinance);
see also. Doe ''· Bolton. 4 10 U.S. 179 ( 1973) (Douglas. J ., concurring opinion. calling Lhe freedom to walk. stroll or
loaf a fundamental freedom).
2 People in Interest of C. M., 630 P.2d 593 (Colo. 1981).
Council Action Fonn -Loitering
January ll, 2016
Page 3
ATTACHMENTS:
1. Council Bill No. 2-2016
TITLE:
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER ------
Council Bill No. ~
Ordinance No. ___ _
Series of 2016
AN ORDINANCE REPEALING AND REENACTING SECTION 16-106 OF THE
WHEAT RIDGE CODE OF LAWS CONCERNING LOITERING
WHEREAS, the City of Wheat Ridge, Colorado (the ~city"), is a Colorado home rule
municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado
Constitution; and
WHEREAS, pursuant to its home rule authority and C.R.S. § 31-15-401 , the City, acting
through its City Council (the "Council"), is authorized to adopt rules and regulations prohibiting certain
conduct and defining general offenses that harm or pose a threat to the public health, safety or welfare;
and
WHEREAS, pursuant to such authority, the Council has previously defined and adopted certain
general offenses. codified as Chapter 16 of the Wheat Ridge Code of Laws ("Code"), including a
prohibition of loitering in or about school grounds, under certain circumstances, codified as Code
Section 16-106; and
WHEREAS, the Council finds that said Section 16-106 should be repealed and reenacted to
reflect the current state of the law concerning loitering.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO:
Section 1. Section 16-106 of the Wheat Ridge Code of Laws, concerning loitering, is hereby
repealed and reenacted to read in its entirety as follows:
Sec. 16-106. Loitering.
(a) It is unlawful for any person, with intent to interfere with or disrupt the school
program or with intent to interfere with or endanger schoolchildren, loiters in a school
building or on school grounds or within one hundred feet of school grounds when
persons under the age of eighteen are present in the building or on the grounds, not
having any reason or relationship involving custody of, or responsibility for, a pupil or
any other specific, legitimate reason for being there, and having been asked to leave
by a school administrator or his representative or by a peace officer.
(b) It shall be an affirmative defense that the defendant's acts were lawful and he
was exercising his rights of lawful assembly as a part of peaceful and orderly petition
for the redress of grievances, either in the course of labor disputes or otherwise.
(c) For purposes of this section, the word "loiter" means to be dilatory, to stand idly
around, to linger, delay, or wander about, or to remain, abide, or tarry in a public place.
Sect ion 2. Safety Clause. The City Council hereby finds, determines, and declares that
this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is
Attachment 1
promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for
the preservation of health and safety and for the protection of public convenience and welfare. The City
Council further determines that the Ordinance bears a rational relation to the proper legislative object
sought to be attained.
Section 3. Severability; Conflicting Ordinances Repealed. If any section, subsection or
clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the
remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or
parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.
Section 4. Effective Date. This Ordinance shall take effect fifteen (15) days after final
publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of to on this
11 th day of January, 2016, ordered published in full in a newspaper of general circulation in the City of
Wheat Ridge and Public Hearing and consideration on final passage set for January 25, 2016, at 7:00
o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of
___ to ,this dayof ,2016.
SIGNED by the Mayor on this ___ day of---------· 2016.
ATTEST:
Janelle Shaver, City Clerk
First Publication:
Second Publication:
Wheat Ridge Transcript
Effective Date:
Joyce Jay, Mayor
Approved As To Form
Gerald E. Dahl, City Attorney
2
\ '4
.. "' • r City of • JP'WlieatR!_dge
ITEM NO: 3 .
DATE: January II. 2016
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 01-2016 -A RESOLUTION AMENDING
THE FISCAL YEAR 2015 GENERAL FUND BUDGET TO
REFLECT THE APPROVAL OF A SUPPLEMENTAL
BUDGET APPROPRIATION IN THE AMOUNT OF $14,966
FOR CITY ATTORNEY FEES
D PUBLIC HEARING
D BIDS/MOTIONS
~ RESOLUTIONS
QUASI-JUDlClAL:
D ORDINANCES FOR I ST READING
0 ORDINANCES FOR 2ND READING
D YES
'J~ ~fr--t-kafiv {;:;;~
Administrative Services Director
ISSUE:
The 2015 budget for City Attorney fees is $174,000. City Attorney Jerry Dahl provided staff
with an update on his budget. Mr. Dahl estimates an additional payment of $14,966 will be
necessary to complete outstanding legal issues for 2015. Typically, City Attorney fees average
$15,000 per month; however, code enforcement issues, smoking ord inance policy changes, and
the November ballot preparation required additional legal support from the City Attorney.
Therefore, the 2015 budget of$174,000 has been expended, requiring a$ I 4,966 supplemental
budget appropriation to meet obligations in 2015.
PRIOR ACTION:
City Council approves funding for City Attorney services annually through the adoption of the
City budget.
FINANCIAL IMPACT:
The requested amount of the supplemental budget appropriation is $1 4,966 for City Attorney
fees through December 3 I, 20 I 5.
Council Action Form -Legal Fees
January I I , 20 16
Page2
BACKGROUND:
The supplemental budget appropriation amount of$14,966 includes $2,5 12.26 remaining on the
November 2015 bill and the December bill totaling $12,453.29. As previously noted, City
Attorney fees typically average $15,000 per month; however code enforcement issues, smoking
ordinance policy changes, and the November ballot preparation required additional legal support
from the City Attorney.
RECOMMENDATIONS:
Staff recommends approval of the supplemental budget appropriation.
RECOMMENDED MOTION:
"I move to approve Resolution No. 01-2016 -a resolution amending the Fiscal Year 2015
General Fund Budget to reflect the approval of a supplemental budget appropriation in the
amount of $14,966 for City Attorney fees."
Or
"I move to postpone indefinitely Resolution No. 0 1-2016 -a resolution amending the Fiscal
Year 2015 General Fund Budget to reflect the approval of a suppl emental budget appropriation
in the amount of $14,966 for City Attorney fees for the following reason(s) "
REPORT PREPARED BY:
Heather Geyer, Administrative Services Director
Patrick Goff, City Manager
A TT ACHl\ffiNTS:
1. Resolution No. 01-2016
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 01
Series of 2016
TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2015
GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A
SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT
OF $14,966 FOR CITY ATTORNEY FEES
WHEREAS, the City Council recognizes and values the role the City Attorney's
Office plays in providing legal expertise and services in carrying out daily operations of
the City; and
WHEREAS, legal services through December 31, 2015 are necessary to
continue to move the strategic goals and operations of the City forward; and
WHEREAS, the Wheat Ridge Charter requires that amendments to the budget
be effected by the City Council adopting a Resolution.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Wheat Ridge, Colorado, as follows:
Section 1. A transfer of $14,966 in hereby approved from General Fund
undesignated reserves to account 01 -107-700-750 and 2015
General Fund revenues are amended accordingly.
DONE AND RESOLVED this 11th day of January 2016.
Joyce Jay, Mayor
ATTEST:
Janelle Shaver, City Clerk
Attachment 1
~ '~ ~--. ~ Cityof • ?WheatRi_dge
ITEM NO:__:!__
DATE: January I I, 2016
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 02-2016 -A RESOLUTION AMENDING
THE FISCAL YEAR 2016 GENERAL FUND BUDGET TO
REFLECT THE APPROVAL OF A SUPPLEMENTAL
BUDGET APPROPRIATION IN THE AMOUNT OF $29,854
FOR THE REPLACEMENT OF A PARKS DEPARTMENT
VEHICLE
0 PUBLIC HEARING
D BIDS/MOTIONS
~ RESOLUTIONS
QUASI-JUDICIAL:
~
ISSUE:
D ORDINANCES FOR I ST READING 0 ORDINANCES FOR 2N° READTNG
D YES [gl NO
c~
Unit 300, a 2008 Chevrolet Colorado 4x4 pickup was involved in an accident on August 10,
2015 and is beyond repair. Funding for the purchase of this vehicle requires an addi tional
appropriation from General Fund reserves. A Chevrolet Colorado 4x4 pickup is available at
Dellenbach Chevrolet Inc. of Ft. Collins through the Colorado Price Agreement. The state bid
price for this vehicle with options is $27,354. Outfitting this vehicle for use is estimated at
$2,500, bringing the total cost of this vehicle to $29,854.
PRIOR ACTION:
None
FINANCIAL IMPACT:
Funding for the purchase of the new Parks department pickup, unit 300 including options and
markings exceeds the current fleet replacement budget, requiring an additional appropriation
from the General Fund reserves in the amount of $29,854. The City has received $10,800 partial
reimbursement from the insurance carrier of the driver at fault for the accident.
Council Action -Replacement ofYebicle
January I I, 2016
Page 2
BACKGROUND:
Parks unit 300 incurred non-repairable damage from an accident in August of 20 I 5. Staff
requests the purchase of one 2016 Chevrolet Colorado 4x4 pickup to be used by the maintenance
division of the Parks department.
A s upplemental budget appropriation of $29,854 is required for the unscheduled purchase of the
4x4 pickup, with options and markings.
RECOMMENDATIONS:
Staff recommends that Council approve the supplemental budget appropriation for the purchase
of a replacement vehicle.
RECOMMENDED MOTION:
"I move to approve Resolution 02-2016, a resolution amending the fiscal year 2016 General
Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of
$29,854 for the replacement of a Parks Department vehicle."
Or,
"I move to table indefinit ely Resolution 02-2016. a resolution amending the fiscal year 2016
General Fund Budget to reflect the approval of a supplemental budget appropriation in the
amount of $29,854 for the replacement of a Parks Department vehicle for the fo llowing reason(s) ,
REPORT PREPARED/REVIEWED BY :
Greg Knudson, Operations Manager
Scott Brink, Public Works Director
Jennifer Nellis, Purchasing Agent
Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution No. 02-2016
2. State of Colorado Price Agreement
3. Vehicle price specification
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. ~
Series of 2016
TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2016 GENERAL
FUND BUDGET TO REFLECT THE APPROVAL OF A
SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF
$29,854 FOR THE REPLACEMENT OF A PARKS DEPARTMENT
VEHICLE
WHEREAS, Parks department Unit 300 incurred non-repairable damage in an
accident on August 10, 2015; and
WHEREAS, the City Council wishes to replace Parks department Unit 300; and
WHEREAS, the 2016 Public Works Operations Fleet Replacement budget does
not include funding for replacement of Unit 300.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat
Ridge, Colorado, as follows:
Section 1.
A transfer of $29,854 is hereby approved from General Fund undesignated
reserves to account 01-303-800-807 and 2016 General Fund revenues will be
amended accordingly.
DONE AND RESOLVED this 11 th Day of January 2016.
Joyce Jay, Mayor
ATTEST:
Janelle Shaver, City Clerk
Attachment 1
CITY OF WHEAT RIDGE
Specifications for one (1) Parks & Recreation Dept.-Mid-Size, 4x4, Extended
Cab, Long Bed Pickup
(Replacement For Unit #300)
January 11 , 2016
BASED ON 2015 STATE OF COLORADO PRICE
AGREEMENT #20150000000000000155
Base vehicle as bid: 2016 Chevrolet Colorado, Extended Cab,
4x4 Pickup: $24,384.00
Standard Specifications
Body Code: F1
Exterior Color: White
Interior: CS, Matching Cloth
Fuel Type: Unleaded Gasoline
Factory Option Additions
216 3.6L V-6 Engine for Tow Package
423 Tool Box-Across Bed, Gull Wing
430 PCKG : Towing/RCVR Hitch
443 PKG : Strobe Light
469 Spray In Bedliner
Total Price of Factory Options:
$1,100.00
$ 375.00
$ 575 .00
$ 445.00
$ 475.00
$ 2,970.00
Total Price of Vehicle Only with Selected Factory Options: $27,354.00
Attachment 2
201toCl00000000000155
Duration of Agreement
~CoftfM:
Dec4. 2015 To Sep 30,2011
Category:
Page 1 of I
State of Colorado Price Agreement
Vlhldea
~Code;
Comnlodley
Dftutptlon:
07000
O.,MIM111 ol ,_...... 81111 • •r '"'iiiiiOii ..... .._._..()fib
Fu:
AdclfoM:
AUTOMOTIVE VEHICl£S AND RElATED TRANSPORTATION EQUIPMENT
No
Oollenbedl a-a-t Inc
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(t70) 232438
(t70) 5»448t
SIMI~: No
w-OwMct: No
Oolnt .._,_. Aa: o.loo~ Mocort
ConDctEma•: ~.oom
Tol FI'OOICell Number:
P~T-:
F.0.8.:
City, Stitt, ZIP:
S111 SCcllooA-
Fcxt Cokw. CO 10525 OoiiYery:
Ouotll Email: ~-
.. How To Order/Agi"Mment Prtcee
Sec attached Illes ror inronnalioo.
Fully Elfecuted oont~ for Vehicles-see auadled..
Look in file Dellcnbach.xlsx ror vehicles awarded.
Coni oct Kelley Wik:ox for ordering instru<:tionas.
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U8T AND EXPLANA110NI OF YEMCLE PACKAGES
FOR 1lE 2011110DEL YEAR FLEET VEHICLE PROPOSALS
1123 • PACKAQE; JOQLBOX -ACROSS BED BOX
Attach one copy of this fonn to each body code apedftcation sheet that has an AvaUable
Option f.423 including the folowlng body~
E1, E2. E3, E4, EI,~Z, F3, F4, Fl, Fl
All Installed TOOLBOX -ACROSS BED BOX PACKAGE ahoutd lndude the folowing:
• OeHa brand or equivalent
• EJ1tm a guK-wtng, double tid m: chelt-styte, ful-hlnged, single lid crossover toolbox
• Painted white with all atMI construction
• Torsion bar ift on lid( a)
• Removable tray
• Weather stripping arou'ld Md(a)
• A lock on each lid with key
• Price to lnctude complete lnstalation.
Total Price for TOOL BOX-ACROSS BED BOX PACKAGE:
• A gull-wing, double lid, tool box:
sl 3/S
• a chest-style, full-hinged, single ljd crossover toolbox:
sl YSO
For Body r_ \
Code: \
ORIGINAL ' Colonldo ICatll P&a'Cflellng Olllce (per 8FII)
~AND EXPLANA110NI 0# VEfiCLE PACKAGES
FOR THE 20111100EL YEAR FLEET VEHICLE PROP08AL8
1424 • PACISAGE; TOOL BQX ·SIDE BED
Attach one copy of this form to uch body code spedftcation sheet that has an Avaiable
Option .._24 Including the following body codes:
E1,E2,E3,EA,EI,F1,F2,FS,F4,Ft,FI
1vt Installed TOOLBOX· SIDE BED PACKAGE should lndude the folowing :
• Delta brand or equivalent
• A quantity of one, aide-bed, whee..,_l, utiUty, tool box
• Toolbox must rest Inside, on the floor of the pickup bed and fit over the wheel wei.
• Extending length of pickup bed
• Painted wNta wtth all atMI construction
• A lock on the lid wtth key
• Removable tray
• Weather stripping around lid
• Price to indude complete Installation, rearward of an optional across bed box.
Total Price for 41" TOOLBOX-SIDE BED
PACKAGE:
Total Price for 60" TOOLBOX ·SIDE BED
PACKAGE:
s L...-1 _'-I _S_O---J
s I.____Y_<i_O~
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UST AND EXPLANA110NI OF VEHICU: PACKAGES
FOR THE 2011110DEL YEAR f1.&T VIHCt.E PROP08AL8
Plleltl12
1430 • PACt(AOE: OEM TOWING OPDQN
Attach one copy of this form to each body code apecification lheet that has an Available
Option 1430 Including the folowlng body codel:
C2, C3, C4, 01, 02, 03, 05, Da, E2, E3, E4, El, F2, F3, F4, Fl, Fl, 03, H3, K1, K2, K3, KS,
Kl, T1 , T4,T5
An Installed Q&M TOWING OP110N PACKAGE should lndude the folowing:
• Frame mol.l1ted receiYer hitch with a class 3 (claaa 4 for T1, T4, TS) rating that accepts
a 2• square receiver
• Heavy duty engine ccoing
• Transmission cooling (aiAomatic only)
• Trailer wiring harness
• HD tlm aJgnaJ flasher
• H~~p~(~:---------------------------
• HD batlery and Alternator.
• Prtce to lndJde complete Installation.
• All items to be covered at a mlnirom by the 3 year 36,000 mile fadDry wananty
Please list additions and/or deletions to your company's OEM TOWING OPTION package from
the above listed specs:
R E: GU.A-' a..t::.s \1-b
Total Prfce for OEM TOWING PACKAGE: $1 .._ __ 5---~o]..:oS.c_ __ ____,~
Total Price for T1 -OEM TOWING
PACKAGE: $.__I ____ __,
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UIT AND EXPLANA110N8 OF VEHICLE PACKAGES
FOR THE 2011110DEL YEAR FLEET VEHICLE PR0P01AL8
t110-PACKAGE; OEM Off ROAD
Attach one copy of this fonn to each body code apeciftcation sheet that has an Available
Option f.440 Inducting the folowing body code:
@ F2, F3, F4, , Fl, Fl, K1, K2, 1<3, Kl, Kl, T1, T4, T5
An instaUed OEM OFF ROAD package ahoUd hdude the folowlng:
• High preu\le front and rear gas lhodca
• HID springs
• Mud and appwL radial tna •t T" rated. Spedfy ti'e LT Not ~VOl\\ .. D \t.,.
• Skid pla1e group. Specify types: 1~ <:.~Ut ~c £~
• Front and rear tow hooks
• Limited Sip Rear A*t-Specify Ratio G &o 4.\ t>
• All items to be covered at a minimum by the 3 year 36,000 mile factory warranty
size:
Pfease lilt additions and/or deletions to your company's OEM OFF ROAD PACKAGE from the
above listed specs:
s~c:. G ~ ~ \.)-(;, ~~G\ NC ( oG>\ ~ f c.,')
Total Price for the OEM OFF ROAD
package:
For Body
Code:
sl4oc
ORIGINAL
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UST NID EXPLANATIONS OF VBICLE PACKAGES
FOR nE 2011 MODa. YEAR FLEET VEHICLE PR0P01AL8
1413 ·STROBE LIGHT
Attach one copy of this form to each bQdy code spedftcation sheet that has an Available Option
#443 ildudlng the follovt1ng body codes:
All ~~. D's, Fs, Ps, G's, H'a & f<9a, P4. PE
The STROBE UGHT PACKAGE nut Include the following:
• Roof mou1t of strobe on truck, van or sport utilty vehicle
• Dual ftash strobe with amber shield
• Claa 21ght. SAE spec: J1318 or DFS750-A North American Slgnaf spec or eqc.ivalent
• Mlnintm: 15 joules
• Mininc.m of 60 double ftashes per minute
• BaM must be aluminum, not platte.
• SWitch In cab
• Height between 3 112 Inches to 6 inches, measured tJ top of light housing
• Warranty: 1-year parts and labor
• Complete Installation with tocatlona as folows:
• LocaUon for atrobe light on *kuw:
• On the roof of the pickup cab
• The Ught must be centered between the front of the roof and the rear of the roof.
• The Ught must be also centered fmm one side to the other sJde of the roof.
• location for atrobe light on vans and aport utllltlel:
• On the roof of the van or sport utility
• The light must be centered from one side to the other side of the roof
• The light must also be two feet from the rear of the roof.
· List the make and model of strobe that is bid:
Make fe,d~<'o...l S(~o..\ Model d.Sd..bSO -Od.&C.
List any additions and/or deletions of your bid from the STROBE LIGHT PACKAGE specs listed
above:
Total Price for STROBE LIGHT
PACKAGE:
For Body
Code: F'\
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.. ' ., City of ~rur Wheat&_dge ~OLI C E DEPARTMENT
T O:
T HROUGH :
FROM:
DATE:
SU BJECT :
Memorandum
Mayor Jay and City Council
Patrick Goff, City ManagerQb
Daniel Brennan, Cbjef of Police
Jim Lorentz, Division Chief, Patrol Operations Division
January II, 2016
Staff Report: 2015 T LC Neighborhood Update and 2016 Recommendations
BACK GROUND:
City Council identified code enforcement as an action agenda item during the 2014 City Council
retreat. Council was in agreement that code enforcement is important to the City, and that it
should be strengthened and applied equally throughout the City. Staff was directed to bring this
topic to City Council for further discussion. As a result, staff from Community Development,
Public Works, Parks and Recreation, and the Police Department began meeting to review efforts
by City departments that address code enforcement.
In the Wheat Ridge Vision 2025, City Council identified the following goals:
I. Financially Sound City Providing Quality Service
2. Economically Viable Commercial Centers
3. Choice of Desirable Neighborhoods
4. More Attractive Wheat Ridge
The City of Wheat Ridge, Wheat Ridge Police Department, and Wheat Ridge City Council
recognize the important role that proactive code enforcement plays in achieving the goals of the
City. Council has asked that the City's code enforcement strategies be strengthened and applied
equally throughout the City.
The purpose of this staff report is to update City Council on staffs efforts to initiate specific
code enforcement strategies in residential neighborhoods and commercial corridors. This
program has been named Wheat Ridge TLC Neighborhoods. TLC stands for Traffic safety,
Life quality, a11d Crime reductio11.
At the January 5, 2015 City Council Study Session, Council approved three approaches to code
enforcement strategies as presented by staff:
Approach #1 -Expand the Part-Time Community Services Team Strategy
Staff recommended moving two ofthe seven seasonal part-time Community Services team
members to year-round, part-time positions, and adding one vehicle in order to address City
Counci I concerns.
StaffRepon: 2015 TLC Neighborhood Update and 2016 Recommendations
January II, 2016
Page 2
Approach #2 -Problem Solving Strategic Approach
Staff recommended that a data-driven approach be used to address nuisance code issues in
residential and commercial corridors. Staff would use data from calls for service, service
requests, and observations to target two to three areas in the City that are in distress (crime,
traffic. and/or quality of life issues). Programs similar to the East Wheal Ridge Community
Policing Project would be utilized to address these issues. This approach would use the
strengths of existing cross-departmental meetings, as well as collaborative, community
outreach programs.
Approach #3 -Neighborhood/Commercial Corridor Revitalization Program
The Neighborhood Revitalization Strategy encouraged City Council to focus on strategic and
concentrated "wins", versus a citywide approach. A strategic revitalization program allows
the City to target available resources to create attractive neighborhoods and vibrant
commercial areas. A more comprehensive commercial code enforcement program could
include a three-pronged approach of: 1) education and outreach 2) systematic code
enforcement inspections, and 3) public and private investment through the City's capital
budget, and grants and loans for private propeny.
For 2015, two neighborhoods and one commercial corridor were chosen lo participate in the pilot
program of Wheat Ridge TLC Neighborhoods. Neighborhoods were chosen based on a variety
of issues such as Community Services Offi.cers' input, community/neighborhood interest, equal
representation by Council district. and other factors. While the City is still evaluating the data to
determine the impact on traffic safety and crime reduction in the designated areas, it is clear that
studies have shown that neighborhoods engaged in proactive code enforcement strategies can
help:
• eliminate nuisances
• increase property values
• develop a greater sense of community and pride
Neighborhoods
The District I I project is a residential neighborhood with boundaries of Harlan Street west to
Pierce Street. and W. 441h Avenue north toW. 481h Avenue. This area is called the Clear
Creek Station Neighborhood. in recognition of a historical street car transfer bouse that was
formerly located in the area.
The District lV project is a residential neighborhood with boundaries of Brentwood Street
west to Garrison Street, and W. 441h Avenue north to 1-70 Frontage Road South. This area is
called the Clearvale Neighborhood, which is one of the largest subdivisions in the area dating
back to 1955.
Commercial Project
The commercial corridor chosen was W . 44111 Avenue from Harlan Street to Wadsworth
Boulevard. The W. 44111 A venue corridor serves as the southernmost boundary for the Clear
Creek Station and Clearvale projects, so including this commercial corridor makes sense
from a problem-solving and resource approach. 1t was further believed that some simple
attention to code enforcement details could have a positive impact in the character of this
area. This project is branded as the East 44111 A venue Corridor Project.
Staff Report: 2015 TLC Neighborh ood Update and 2016 Recommendations
January II, 2016
Page3
2015 TLC NEIGHBORHOOD UPDATE:
Problem Solving Approach
Staff recognizes the importance of public outreach, education, and input from residents
property owners, and businesses in this process. Staff teams assessed parcels within the
designated areas, and in partnership with Wheat Ridge 2020 (LocalWorks), walked through
the designated neighborhoods to pass out informational flyers concerning neighborhood
meetings, dumpster dates, and other brochures. Neighborhood meetings were held in May,
where community members could discuss neighborhood issues. code compliance, crime, and
traffic. and ask questions of representatives of the Police, Public Works, Community
Development, and Parks and Recreation Departments. "Dumpster Days" were established to
provide trash dumpsters within each neighborhood to assist and encourage residents to
participate in the program.
Assessment
The two neighborhoods and the commercial corridor were assessed by the Community
Services Team to determine compliance with all code enforcement ordinances.
Clearvale Neighborhood: 527 residential properties were assessed for code violations.
• 99 warning notices were issued for nuisance code violations.
• 96 residential properties complied after initial notice of violation.
• 3 properties complied following the first citation issued.
• All properties are now in compliance.
Clear Creek Station Neighborhood: 481 residential properties were assessed fo r code
violations.
• 81 warning notices were issued for nuisance code violations.
• 78 residential properties complied after initial notice of violation.
• 2 properties complied following the first citation issued.
• I property complied foll owing the second citation issued.
• All properties are now in compliance.
East 44lh Avenue Commercial Corridor: 86 commercial properties were assessed for code
violations.
• 39 warning notices were issued for nuisance code violations.
• 36 commercial properties complied after initial notice of violation.
• I commercial property complied after the first citation issued.
• 2 commercial property owners are working with the City to gain compliance.
• 37 commercial properties are now in compliance.
2016 RECOMMENDATIONS:
Staff believes that the 2015 TLC projects were very positive for the community, and have proven
to be the most successful method to provide proactive code enforcement. Staff recommends the
continuation ofTLC neighborhoods through 2016. Due to limited resources, proactive
enforcement is limited to these designated areas; however, the Community Services Team
continues to respond to calls for service and complaints regarding any property in Wheat Ridge.
Although no additional financial impact is expected, there may be increased costs to provide
Staff Report: 2015 TLC Neighborhood Update and 2016 Recommendations
January II, 2016
Page4
part-time benefits for part-time Community Service Team members in the future. based on
federal requirements.
The suggested neighborhoods for 2016 are:
• Fruitdale East Neighborhood: Miller Street to Parfet Street, and W. 441h Avenue to 170
(259 Parcels)
• Fruitdale West Neighborhood: Parfet Street to Tabor Street, and W. 44th Ave. to 170 (2 17
Parcels)
• Applewood Villages Neighborhood: Miller Street to Parfet Street, and W. 38th Avenue to
W. 4ls1 Avenue (234 Parcels)
Commercial Corridors (due to limited resources, the choice of corridors will be limited to two):
• W. 44111 Avenue Corridor: Wadsworth Boulevard to Xenon Street (152 Parcels)
• Kipling Street Corridor: W. 3200 Avenue to W. 5 1 >~ Place (72 Parcels)
• Wadsw01th Boulevard Corridor: W.32nd Avenue toW. 47111 Avenue (82 Parcels)
A IT ACHMENTS:
1. TLC Neighborhood Update and 2016 Recommendations PowerPoint Presentation
2. Previous Reports:
a. Staff Report Code Enforcement Strategies (August 8, 2014)
b. Code Enforcement Strategies PowerPoint Presentation (August 8, 20 14)
TLC NEIGHBORHOODS
2015 TLC UPDATE
2016 TLC PROPOSAL
I'RII' IRI n PI I Rl\11 ~~.\1 I \1 ~ I'A"II I
)J\).1 \Ill 11 1111~
Attachment 1
Clearvale
Neighborhood
85 residential propemes were nagged for code
violations in t.bc 5pnng Jnd su11lllll:r of 201"
13 properties were flagged on muluple
occasions (indicated by J white circle)
99 warning notices were written for code
vtobdons
A~ of September 30.2015:
96 complied after the mitiJl l:t'quest , or
\.Vaming Noucc
3 tomplicd following the Ur;t cit« lion, .md
a fee of "150
• No Cit.ttion e One C.itation
e 1 o Citallon
e nne C1tanon
e ongoing
Clear Creek Station
Neighborhood
76 residential properties were O,tggcd for code \'iolations in
the <;pring and summer of 2015
4 properties were flagged on multiple occa ions (indicatt-d
h>• a white circle)
81 warning notices were wnttcn for code violations
As of September 30,2015:
78 complied after the iniri::tl request or "Warning 1orice"
2 complied foUowing the first citation and a fcc of $1'50
I complied fnUowing the econd citation and a fee of
$250
W 44rh A venue Corridor
38 commercial properties were flagged for code violations in the spring and c;ummcr of 2015
I propcrty was flagged on multiple occasions (indicated by a white circle).
39 w;~rning notices were written for code violations.
As of September 30. 2015·
36 complied after the imoal request or"\ Yarning Notice"
I compUed following tht fim cicanon and a fee of Sl50
2 required ongoing citations and communication
Fruitdale East N __ ·, __
1\ Ullcr Sr ro Parfct Srrccr
\V. +l A'cnue ro 170
~59 Parcels
Fruitdale-West Neighborhood -----. --c:-·
!l)"loul~
P:trfcr Srrecr ro Tabor Strccr
\V 4-4 A\'COUC to 170
217 Parcels
ewood Villages Neighborhood
M1ller Street ro Parfet Street
W 38'h A\enueto\V 4l"A\'enue
W. 44th Avenue Corridor
vVadsworth BouiC\'ard [0
15:! Parcels
Kipling Street Corridor
W 3.2".1 A,·cnuc ro \V 51" Place
72 Parcel<.
Wadsworth Blvd. Corridor
W 3:!,... Avenue toW 4]"11
~ . ~ -~ ~ ~ City of • .. ~Wheat&_dge ~O LIC E D EPARTM ENT
Memorandum
TO: Mayor Jay and City Council
THROUGH: Patrick Goff, City Manager
FROM: Daniel Brennan, Chief of Police
Ken Johnstone, Community Development Director
DATE: August 4, 2014
SUBJECT: Code Enforcement Strategies
ISSUE
City Council identified code enforcement as an action agenda item during the 2014 City Council
retreat. Council was in agreement code enforcement is important to the City and that it should be
strengthened and applied equall y throughout the City. Staff was directed to bring this topic to
City Council for further discussion.
In preparing for this presentation, staff from the Community Development, Public Works, Parks
and Recreation and Police Departments began meeting to review current efforts by city
departments that address code enforcement. Staff segmented code enforcement efforts into the
following areas:
• Residential Code Enforcement
• Commercial Code Enforcement
• Hotel/Motel and Multi-Family Code Enforcement
• Rental Inspection Program
• Roadway and Right of Way Maintenance Program
• Stormwater
The citizen survey conducted in 2012 shows strong support for enhancing city code enforcement
efforts. To summarize the survey results, the city's quality of life ratings were below the
National and Front Range benchmarks, with 50% of the respondents rating the City as fair or
poor in this area. Ratings related to the physical attractiveness of the city as a whole were "much
below" national and front range comparisons. Sixty-six percent of the respondents rated code
enforcement as important. Sixty-four percent of the respondents responded that rental properties
inspections program was essential or very important, and 71% of the citizen respondents
responded that they would strongly or somewhat support the City implementing a multi-family
housing rental inspection program. (See Attachment A).
PRIOR ACTION
Historically, the responsibilities for code enforcement were assigned to various city departments.
[n the 1990's, as the City of Wheat Ridge began to deal more with the enforcement of code
ordinances by community request, it found the process to be difficult and inconsistent, often with
conflicting direction being given to the staff tasked with this function. In 2000, City Council
moved the code enforcement duties from the Community Development Department to the Police
Attachment 2
Exhibit a
Staff Report: Code Enforcement Strategies
August 4, 2014
Page2
Department's Animal and Parks Enforcement Unit (APCO). The Unit was renamed the
Community Services Team (CST) in 2007, to more accurately reflect the police department's
commitment to neighborhoods and community quality of life issues. These new responsibilities
were assigned without any increase in staffing. The additional code enforcement duties
increased the number of calls for service for this team by approximately 40%. Community
Development maintajned a property code inspector position responsible for complaints related to
fences, dumpsters, lighting and commercial parking surfaces. Parks and Recreation remained
responsible for maintaining certain roadway and right of way maintenance for certain locations
and Public Work bas responsibility for code enforcement issues related to stonnwater and the
floodplain.
Ln 2007, the City adopted the Administrative Enforcement Process. These ordinances allowed
staff to utilize an administrative process to handle and address certain code violations rather than
the former "due process model." As the Administrative Enforcement Process was rolled out, the
Police Department worked on a program and marketing strategy to educate community
members. Ln 2008, the Police Department introduced "Cody. the Code Ranger Program" to meet
this need . The purpose of this program was to put a fiiendly face on an unpleasant topic, code
enforcement. "Cody" has been used on letters, brochures and the Police Department's website to
send a proactive educational message to property owners, and now animal owners.
Ln an effort to respond more effectively to nui sance code issues during the summer months, the
department received funding to hire three seasonal Communjty Services Officers (CSOs) in
2010. These seasonal employees served as proactive force multipliers, providing assistance in
identifying problem properties, assistin g with proactive code enforcement in certain areas of the
city, issuing warning notices and assisting with some park education and enforcement
responsibilities.
In 2011, the Property Lnspector posttton was moved from the Community Development
Department to the Community Services Team in the Police Department. The integration of the
duties of the Property Inspector position into the current duties of the CSO's made sense in tem1s
of efficiency and customer service needs in the community. All CSO's are finishing up
educational requirements to become certified as Property Maintenance Housing Ln spectors and
wi ll have to re-certify every two years.
In 20 14, four additional seasonal CSO positions were authorized, in addition to the previous
compliment of three (3) seasonal CSOs, to increase the scope of nuisance code program and to
respond to citizen concerns related to a safety in the city parks. The addition of these positions
has increased the span of control for the CSO supervisor, resulting in the reclassification of one
CSO position to a Lead CSO position to assist with supervision of these seasonal employees.
The department has also been challenged in providing Community Services vehicles due to the
increased staffing.
The Community Services Team is a unique combination of public safety functions, i.e. code
enforcement. animal control and parks enforcement. In many neighboring jurisdictions, these
functions are handled by separate and distinct units or teams.
FINANCIAL IMPACT
The Communi ty Services Team ts comprised of one supervisor and tive CSOs. From
Staff Report: Code Enforcement Strategies
August 4. 2014
Page 3
approximately May th rough August/September of each year, the staffing increases with the
hiring of seasonal CSOs. The CSO supervisor repo11s to the Patrol Operations Division Chief.
Funding for the CSO Team is budgeted in the Community Services Team program (203) and
Special Fund 63, the Crime Prevention/Code Enforcement Fund.
The 2014 Budget for the Community Services Team programs (Program 203 and Fund 63) is
$449.385, with $390,548 of that amount comprised of salaries, including seasonal employees.
Personnel costs account for 87% of the total budget. The Parks and Recreation Department
budgets $55,000 (not included in the totals above) for a contract to maintain certain right~of
ways throughout the city. As Council provides direction to staff, additional costs can be
calculated for pers01mel and/or programing enhancements.
BACKGROUND
In the City's early history, there were not specific processes in place to address nuisance code
issues. Some elected officials had very strong feelings about nuisance code enforcement and did
not want code enforcement efforts to occur within their districts. At that time, when a complaint
was received and a violation existed, the code enforcement officer would issue a warning and
make an effort to work with the property owner on add ressing the violation. There were no
timeframes imposed on the code enforcement officer or the property owner in completing this
process. If the violation(s) remained unresolved, a citation could be issued to the property
owner. Issuing a citation generally delayed addressing the nuisance code issues as the case was
set for an arraignment, trial and a disposition. Two major problems with this model were
identified: First, citizens often expressed that they felt like criminals in this process. Second, the
process took a very long time to complete in some cases. Once issued a summons, the wait for a
Court date was six to eight weeks. Coupled with continuances and other legal proceedings, by
the time a violation such as overgrown weeds was addressed, the weeds had continued to
multiply to ridiculous levels. The original citizen who had complained about a violation grew
more and more fru strated by the lack of visual results to their cry for help.
In 2005, the Neighborhood Revitalization Strategy report was adopted by City Council. The
report identified the need for a commitment by City CoWJcil to address the appearance of the city
and improve code enforcement in a variety of areas including nuisance codes, sign code,
cornrnercial areas, neighborhoods and rental properties to name a few areas. Ten (I 0) key
strategies for repositioning Wheat Ridge were approved by City Council.
Beginning in 2005, staff began to investigate strategies that would speed up the process in
addressing nuisance code issues. A solution emerged that would move nuisance code
enforcement from a "due process model," which can best be described as beyond a reasonable
doubt, to an "administrative model," which relied upon a preponderance of evidence. The
administrative model operates more efficiently by establishing appropriate and specific timelines
for a property owner to come into compliance. It establishes specific and significant penalties
for first, second and third offenses and allows for a timely hearing process before an
Administrative Hearing Officer (AHO). The process still allows for a criminal code enforcement
process if required. The process of changing to an administrative enforcement model enabled
the City to be more responsive to community concerns regarding code enforcement issues; and
minimized the time and effort spent by City employees in achieving compliance from property
owners.
Staff Report: Code Enforcement Strategies
August 4, 2014
Page4
The City Code of Laws still allows an authorized city officer to seek abatement through the
Municipal Court to bring a property into compliance, when needed. Abatements are generall y
last resorts or are used in si tuations when a nuisance causes an imminent danger to the public
health. safety or welfare of the community.
As staff began to meet on the issues related to code enforcement in the City, we were able to
separate out the issues associated with code enforcement into six focus areas. Each code
enforcement focus area is summarized below:
Residential Nuisance Code Enforcement
In the last City Citizen Survey, 66% of the respondents indicated that they believed code
enforcement services were important, essential services. Residential code enforcement efforts
are primarily focused on citizen complaints and proactive efforts by CSOs related to weeds, junk,
trash, debris, vehicles parked on unimproved services and complaints related to the exterior
appearance of residential units. To help in understanding the problems associated with
residential nuisance code enforcement, the following data highlights the scope of nuisance code
enforcement. The followi ng chart documents activity related to the Community Services Team
from 2008-2013:
Nuisance Code Enforcement 2008 2~ 2010 2011 2012 !lOB TOTAL
Calls for Service 1.083 1,165 1.057 1.157 1.297 2.008 7,767
Warnings Issued 872 812 836 71 1 849 1524 5.60-1
I" Cluulons/Complianr~ 140 84°o 137 83~. 144 83°o 123 83% 106 87°o 173 89% 823 85•.
2 .. Citations/Complianc~ 32 96°o 40 95°o 48 94°o Sol 93~. 37 96•. 41 97% 252 95°o
3"' Citations/Complianc) 5 99.99% l4/9.98~l. 15 9 98°o 22199.97% 19198% 16/99% 91 98%
Admin Hearings 24 13% 21 12.5% 10 /1% 7 /1% 14 3% 20 1% 96 /.02%
Abatements 16 /2% 24 13% 21 /2.5% 14 /2% 1812% 17 1 1% 1101.02%
Criminal Charges 0 0 0 0 0 0 0
Fines Ass~scd S45,460 S49.706 S53.840 S53.910 S47.120 571.355 $267.551
Abatement Fees Ass~scd $9,522 $10.240 $21.067 59.229 $17,476 $15.099 S82.633
As mentioned, CSO's are responsible for not only code enforcement but animal control and
welfare, and duties related to city parks. Calls for Service related to each of these functions
increases in the spri ng and summer months before decreasing somewhat in the fall and winter
months. lncreases in CFS oftentimes impacts the available time CSO's have to devote to
proactive nuisance code enforcement efforts.
On at least a monthly basis, the department conducts an analysis of cri me, traffic and quality of
life issues in the city. As problem locations are identified, problem-solving strategies are
developed in an effort to address the issues. For example, the Community Services Team
partnered with patrol officers, WR2020, LiveWell Wheat Ridge and various volunteer agencies
in addressing crime, traffic, quality of life and nuisance code issues as part of the East Wheat
Staff Report: Code Enforcement Strategies
August 4, 2014
Page 5
Ridge Community Poli cing project. Thi s effort included meeting with and educating property
owners on the observed violations, as well as providing infom1ation to them regarding available
resources. Staff listened to resident concerns as well. This outreach approach was followed up
with a neighborhood clean-up day. In the most recent cleanup event, staff asked citizens to
complete a qualitative survey on the benefits of th.is program. Overall, citizens expressed their
appreciation for the program and expressed a desire for more cleanup efforts in this
neighborhood. After the cleanup effort, CSO's conducted a drive through of the designated area
and the owners of those properties with remaining nuisance code violations were issued a
warning notice that addressed the observed violations.
Staff has identified the need fo r a more robust residential nuisance code education and
enforcement program to assist in addressing similar quality of life issues in other areas of the
city. Staff feels that the successes documented in the East Wheat Ridge Communjty Policing
Project could be replicated in other areas of the city, with increases to staff and program budgets.
Current staffing does not al low for a more encompassing citywide approach.
Multi-Family Housing Rental Inspection Program
The 2005 Neighborhood Revitalization Strategy document identified a need to improve existing
multi-fami ly rental properties in the city. Some of the problems identified included the old age of
the rental stock and low quality of the property maintenance. TI1e last citizen survey pointed out
that the city was either "below" or ''much below" national and front range benchmarks on
questi ons related to a "place to Ji ve" and a "place to raise children." h1 tills swvey, residents
expressed strong support for a rental housing inspection program. In the 2010/2011 City Council
Strategic Plan, City Council identified as "high priority" an Apartment/MuJti-Farruly Rental
Inspection Program. Research indicated that communities implementing a systematic inspection
program for multi-family rental properties provide a higher quality of life and ensure health and
safety for citizens. Higher levels of rentaJ property maintenance can result in higher property
values within a community. Staff presented information on a Multi-Family Property
Maintenance Program to City Council on March 5, 20 I 2. Council gave direction to staff to bring
forward a program for a multi-family property inspection/registration program to include the
adoption of the 2012 Property Maintenance Codes (IPMS); include all multi-family complexes
of I 0 plus units in the program; address exterior and interior property maintenance safety
concerns; require mandatory registration for all complexes with 1 0 or more units; and develop a
phased, incremental approach. On September 24, 2012, a multi-family property
inspection/registration program was presented to City Council addressing these issues. After
presenting the proposed program, Council reached a consensus to not move forward with a
muJtj-family property inspection program.
Staff still considers a Multi-Family Housing Rental Inspection program to have significant value
in improving the overall attractiveness of the communit y and improving quality of life. Based on
20 l 0 Census data, just over 45% of all households are renters. Among renter-occupied units in
the City, two-thirds (67%) are in buildings comprised of 9 units or less and the remaining third
(33%) are in complexes with l 0 units or more. Wheat Ridge historically and presently has had
the lowest average rental rates in Jefferson County. Based on 2012 estimates, median gross rent
in Wheat Ridge was $805 compared with $958 in Jefferson County and $946 in the Denver-
Aurora-Boulder Combined Statistical Area. These low rental rates are a strong deterrent to the
private sector making investments in new, high quality rental hou sing, which could be one means
of attracting strong young households to the City.
Staff Report: Code Enforcement Strategies
August 4, 2014
Page 6
Commercial Code Enforcement
The city's commercial corridors were identified as a "high pri ority" item in the 20 I 0/2011 City
Cow1cil Strategic Plan. Commercial properties present different code enforcement challenges,
i.e. signs, parking, landscaping, parking lots, dumpsters and outside storage to name a few. The
approach towards commercial code enforcement issues has primariJy been reactive, except for
efforts by CSO's along the W. 381h Ave conidor prior to the Carnation Festival parade. The
Community Development Department and CSOs do have very belpfuJ education brochures on all
of the aforementioned topics for propeliy and business owners, and in fo rmation on city
requirements is provided property owners on new properties.
Historically, staff has had less oppOitunity to be proactive in this area, oftentimes reacting to
complaints. Staff feel s strongly that a strategic education and enforcement approach in this area
offers opportunities to make significant improvements in the city's commercial zones. This type
of a progran1 would require personnel resources in both the Community Services Team and
Conununity Development Department. Staff agreed that a new commercial code program could
potentially incorporate additional loan and/or grant programs to give business/property owners
the incentive to improve the physical appearance of their properties. Staff agreed that any
changes in the City's approach to commercial code enforcement would involve a lot of outreach
and education by the city with the business and development communities.
HoteVMotel Code Enforcement
Nationally, lower tier motels are more likely to experience crime and disorder problems. The
majority of hotels/motels in Wheat Ridge would fa ll into this lower tier. These locations offer
relatively low rates that tum these locations from temporary overnight lodging into more
transitory long-term residential locations. The corridor of 1-70 and Kipling accounts for a
significant number of calls for service for patrol and the Community Services Team and
consume an inordinate level of police resources than other locations in the city. These calls for
service vary and include a wide variety of crime and order-maintenance call s for service.
The City collects a I 0% Lodging (Accommodatjons) Tax on the price of rooms or
accommodations that are leased, rented or otherwise furnished by agreement and for
cons.ideration to one occupant for less than 30 days. Some of the funding from this lodging tax is
used for educational efforts and inspections directed at multi-family housing and hotel/motel
properties. CSO's work with members of the Community Development Department's Building
Division and a fire protection district official to conduct annual health and safety compliance
inspections of all hotel/motel rooms in the city.
The issues associated with hotels/motels and multi-family housing units along the I-70 and
Kipling corridor go beyond issues related to code enforcement. The police department offers
"Crime Free Hotel/Motel" and "Crime Prevention Through Environmental Design" training to
both hotels/motels and multi-family units, with mixed results, in an effort to gain cooperation
from the owners and managers of these properties. Other crime prevention strategies bave been
employed as well to address <.:rime and order-maintenance issues.
In past annual inspections conducted by city staff and local fire marshals, signifi cant nuisance
code/safety issues were identified. Staff has worked with the property owners and managers on
bringing th ese properties into compliance. Staff reports that the inspection program can continue
StaffRepOit: Code Enforcement Strategies
August 4 2014
Page 7
with no additional budgetary needs. Staff acknowledges that there are some additional policy
and ordinance strategies that can be researched and brought back to City Council for
consideration including regulating through ordinances management practices in those
hotels/motels with higher calls for service; establishing and enforcing minimum hotel/motel
functionali ty and security standards; requiring identification from renters, adult guests and
visitors; maintaining and enforcing uno rent" and "no trespass" lists and requiring training for all
managers and clerks. Police Department staff is in the process of evaluating potential responses
and will update City Council on any recommendations.
Roadway and Right-of-Way Maintenance Program
The perceptions that citizens and visitors to our community have of the city's transportation
corridors and rights-of-way are important in creating a sense of safety and attractiveness that can
positively or negatively affect the perception of Wl1eat Ridge as a community. The City bas a
contract with a private vendor for roadway and right of way maintenance at various locations
throughout the city. This contract provides for sidewalk cleaning, trash pick-up and the mowing
and chemical control of weeds and tall grass in the right of way. City Council adopted the scope
of the area designated for ROW maintenance in 2005. Prior to 2003 Public Works was
responsible for this maintenance. During budget cuts in 2003, City Council adopted a policy
stating the property owner was responsible for right of way maintenance. The result of this
policy was that maintenance was not completed on a majority of the right of ways along major
streets, arterials and corridors.
Since 2005, the Parks and Recreation Department has been administering the contract for Right
of Way maintenance. which includes the activi.ties listed above. The scope of work has
increased with the addjtion of specific areas when needed and projects such as the landscaping at
49t.h and Kipling.
Stormwater
Stormwater related compliance issues are generally regulated through State and local provisions,
as well as the City Code. The Public Works Department generally monitors and enforces
stonnwater regulations through construction permits and as required through State and Federal
regulations under provisions of the City's NPDES permit (National Pollution Discharge
Elimination System). When compliance becomes more problematic, Public Works is assisted by
the Police Department with further enforcement and action as needed. Public Safety is always
the highest priority when allocating resources toward compliance and enforcement.
Stonnwater compliance generally falls into two areas: illicit discharges (runoff) and
construction runoff (both during construction and post construction). Larger sized public and
private construction projects are pennitted activities and compliance and enforcement issues are
generally not as problematic. Non-permitted illicit discharges can consist of a variety of
activities that may include the following: Smaller construction activities, illegal miscellaneous
activities on private properties, and/or other non-conforming activities that may result in illegal
runoff into the City's storm sewer system. The Public Works, Police, and Community
Development (Building Division) Departments work together jointly in dealing with these
activities and issues. flli cit discharges consume the majority of staff time and resources with
regards to stormwater compliance.
A third area related to stonnwater related compliance are activities m the floodplain and
StatfReport: Code Enforcement Strategies
August 4, 20 14
PageS
floodway (primarily of Clear Creek), that may be illegal in accordance with State and City
regulations. To date, enforcement has been reactive and complaint based.
The Police and Public Works Departments are currently working jointly to further streamline and
improve st01mwater related compHance and enforcement, including additional training,
procedural reviews, and analysis of the City Code to detemline if any updates may be needed. In
addition to compliance and enforcement, staff continually works to provide public education as
resources allow. Public education has consisted of open public meetings, one-on-one discussions
with property owners, use of media, the city's website, and/or other means of providing
information as opportunities arise.
RECOMMENDATION
TI1e purpose of this staff report is to provide City Council with a broad understanding of the
City's current approach to code enforcement. As you can see, code enforcement is comprised of
a diverse set of regulatory ordinances related to public safety, zoning, citywide cleanliness, signs,
vehicle issues and environmental matters, such as storrnwater. ln Wheat Ridge, code
enforcement encompasses all of these areas and is intended to ensure quality of life in
neighborhoods, parks, and commercial corridors. Code enforcement is an important strategy in
maintaining public safety. City staff is doing many tillngs in all of the aforementioned areas;
however, the current staffing and budgets in each department limits opportunities to replicate
successful programs or proactive efforts citywide.
Staff is in agreement that the city is doing everything it can do with its current staffing and
budgets to maintain the programs and strategies that are in p.lace today. While the city is not
entirely reactive when it comes to these issues, our proactive efforts (East Wheat Ridge) have
been strategic in their application. Staff is in agreement that adding additionaJ programs,
education and enforcement efforts will need to be strategic and some will require more staffing
and a committed budget. One positive outcome of these meetings is the recommendation to
develop a Code Enforcement Strategy Plan for the city, which would encompass all city
department programs related to code enforcement. StaffwiU begin working on this plan soon.
Based on these discussion topics, staff would ask for direction from City Council on those code
enforcement programs City Council would like to see added or enhanced upon in the future.
DB
STRATEGIES
Wheat Rid e Vision 2025
WB~NT T~
MODAL TRANSPORTATION AND IS COMMITTED
TO ENVIRONMENTAL STEWARDSHIP
• WHEAT RIDGE RESIDENTS enjoy an ACTIVE,
HEAL THY LIFE STYLE, and HOMETOWN
FEELING AND PRIDE
Exhibit b
2. Economically Viable Commercial Centers
3. Choice of Desirable Neighborhoods
4. More Attractive Wheat Ridge
REPOSITIONING WHEAT RIDGE
through code enforcement without
'incanting' owners to police their own
property to higher standards will not work."
• Appendix VII-APPEARANCE: Citizen
concerns about code enforcement. City is
" ... not nice to look at"
HISTORY OF CODE
• 2005 NeighborhOOd Revitallzation
Strategy Report
• 2007 -Adoption of the Administrative
Model
• 2008 -Adopted Cody the "Code Ranger"
• 2009 -East Wheat Ridge C/P Project
• 201 0 -Seasonal CSOs added
HISTORY OF CODE
• 2014 -PoRte Department, Ga1!1AMtJlft1tv.
Development and Public Works meet to
discuss six key code enforcement areas
RESIDENTIAL NUISANCE
STRATEGIES
-Abatements
-East Wheat Ridge Community Policing
• Partnerships
• Neighborhood Meetings
• Enforcement
-Clean-up Days
-SAFER
HOTSPOTS: NUISANCE CODE CFS
• tltyo( JP'W heat.~
TRATEGIES
enforcement wnr requ1re additional fis~l
and personnel resources
(lyol ~Wheat~·
MULTI-FAMILY RENTAL
STRATEGIES
-45% of all households are rental
-2/3's of rental properties are 9 units or less
-Lowest average rental rates in Jefferson
County
-Multi-Family Rental Inspection Program
needs to be part of the City's comprehensive
strategy C'•)of
J?'W h ·at.Rclg"
COMMERCIAL NUISANCE
STRATEGIES
reactive
• Different challenges-signs, parking,
landscaping, dumpsters, outside storage
• CFS on residential nuisance code violations
are more prevalent
• Enhanced training & certifications for CSOs
STRATEGIES
• Education
• Proactive corridor approach
• Grant opportunities for landscaping
• Need for additional resources -programs
and personnel
• Enforcement
HOTEUMOTEL INSPECTION
police calls for service
• Regularly scheduled inspections of
hotels/motels
• Community Services Officers, Crime
Prevention, Fire Marshal and Building
Inspector
Cll)ol JP'Whcat.~c
• PD researching additional otffinances to
regulate management practices, security
practices, no rent or no trespass lists, and
requiring training for owners, managers
and employees
RIGHT-OF-WAY
STRATEGIES
ways
• 2005 -Parks has administered a contract
for right-of-way maintenance at certain
locations
• COOT responsibilities
• City entryway perceptions
STORMWATER & FLOOD
• Public Education
• Council Direction?
~ A~
.... ... ~ or City of • !?"Whe at&_dge ~OMMUNITY DEVELOPMENT
TO:
FROM:
THROUGH:
DATE:
SUBJECT:
ISSUE:
Memorandum
Mayor and City Council
Kenneth Johnstone, Community Development Director
Patrick Goff, City Manage~
January 6, 2016 (for January 11 Study Session)
Fruitdale School Redevelopment -Public Private Partnership funding
reques t
The Wheat Ridge Housing Authority (HA) acquired the historic Fruitdale School at
I 0803 W. 44th Avenue in early 20 II. The school was built in the 1920s and is one ofthe
last remaining school buildings designed by noted Colorado architect and developer
Temple Buell. The HA has gone through several marketing and design studies to
determine the feasibility of redeveloping the building/property on their own for
affordable or market rate housing. Based on construction cost estimates and projected
sales prices or rents for the units, no housing options were ever detennined to be
financially feasible for the HA to act as the developer on their own.
Ln 2014, the HA released a Request for interest (RFI) soliciting developer interest in
acquiring and redeveloping the property. The RFI was written in such a way that any and
all potential reuses could be considered. The HA received 2 qualified responses and
proceeded to initially award the project to an offshoot of the Mountain Phoenix Charter
School. That group was proposing to reuse the building as a new charter high school.
Those negotiations ultimately were unsuccessful and in early 2015, the HA authorized
negotiations with Hartman Ely Investments (HEI), who had also submitted a proposal in
response to the 2014 RFI. Also, HEI is a uniquely qualified local developer/operator of
historic properties with a strong track record of similar projects, as well as in-house
design skills. This has allowed them to go through multiple iterations of potential
development programs and associated pro fonnas without incurring direct hard costs for
that extensive work.
Significant effort has been invested by HEI and staff over the past 10+ months to develop
a market feasible redevelopment scenario. 1t has been generally understood that no
redevelopment/reuse of the property would be feasible without some fonn of pub lic
participation. An HEI affiliated entity, Fruitdale School Partners LLC (FSP) is now under
contract to purchase the property, with a Purchase and Sale Agreement (PSA) having
been executed in early November, 2015.
Ln order for the project to move forward toward the execution of a master developer
agreement, the next crucial step is to begin to "finn up" the various sources of public and
private financing that the project requires. The development program for the
building/property, along with the accompanying financial pro forma have been
sufficiently developed to now be able to have a good sense of the magnitude of the local
public subsidy that is needed for the project to move forward. The purpose of this study
session is to outline the proposed development program to preserve and restore the
Fruitdale School and to consider the developer's proposed/requested local subsidy to the
projectin the form ofboth a grant and a loan.
PRIOR ACTIONS:
The City Council was briefed. on the HEI proposal and the need for some level of public
participation at the October 5, 2015 study session. The HA was further briefed on
November 24, 2015 and passed a motion authorizing their Chair to negotiate a
development agreement with Fruitdale School Partners to include a $170,000 grant to the
project along with a $400,000 loan.
At the time of these two most recent meetings, the proposed reuse of the building
included an artisanal meat processing operation in the J 950s portion of the building; up to
13 apartments in the Temple Buell 1920s building as well as a Charcuterie classroom I
community room. In the intervening time, for various reasons, the development program
for the site/building has changed somewhat. The new proposal is I 00% housing, a mix of ·
approximately 5 affordable units and 11 market rate units. The units are a mix of2 and 3
bedrooms. The 3 bedroom units in particular would meet a need that has very limited
supply in the Wheat Ridge market. particularly as it pertams to affordable housing.
BACKGROUND:
Following is a brief update on the tasks that the WRHA directed staff to achieve.
• Negotiate a Purchase and Sale Agreement with HSA. The PSA has been executed and
was recorded at the Jefferson County Clerk's office on November 6.
• Negotiate and execute a land swap with the Jefferson County School District. School
District staff have received their board's approval to execute such a land swap and terms
of the swap have been negotiated at a staff level. The City's Attorney has drafted a land
swap agreement, which is under staff review.
• Authorize staff to initiate quiet title action to eliminate reverter clause on the property and
clean up title. Quiet title action has been initiated by the City Attorney's office with the
District Court.
• Authorize staff to initiate all necessary land use entitlements and engal!e professional
services in the amount not to exceed $15.000.
o Subdivision Plat. A title commitment has been received for both the Fruitdale
property and the adjacent school property. A surveyor has been hired and is
nearing completion of an improvement survey plat, required to initiate a
2
subdivision plat application. A subdivision p lat should be ready for submittal
within 30 days
o Rezoning. HEI has requested the rezoning process be deferred until such time as a
development ahJTeement is executed, which is anticipated in early February.
• Authorize staff to hire Economic and Planning Svstems as a third-party reviewer of the
development pro forma and deal points between HEI. the WRHA and the City. We have
been actively engaged in meetings with all development partners, including HEI's
financial representative. More discussion of that topic occurs later in this memo.
Updated Development Proposal
The basic aspects of the re-development proposal are as follows:
• Sixteen ( 16) units of 2 and 3-bedroom, affordable and market rate rental housing
• Fruit orchard, Temple-Buell memorial garden, parking and potential public event space
in the front of the building
• In phase I, the rear of the site, as well as the roof wi II be used for an on-site solar power
system
• A phase ll potentially involving food production at the rear of the property
Page 5 of the Redevelopment Summary (attached) also provides a good list of major changes in
the development program and pro forma since October 5, 2015.
Updated Project Pro Forma
At the time of the September WRHA meeting and the October 5 City Counci l study session, we
had sufficient infom1ation on project financing to understand that the project had a funding ''gap"
that would need to be fi lled from a variety of sources, including City and WRHA funds, federal
and state tax credits, potential federal Department of Housing and Urban Development (HUD)
HOME funds, state historical fund grants, etc. The sale of various tax credits is estimated to
generate approximately $1.7M toward project costs. HOME fu nds have been preliminarily
committed by Jefferson County in the amou11t of $640,000 to cover additional redevelopment
costs. Developer equity is anticipated to represent approximately $300,000. A bank Joan is
estimate to cover between $1.5M and $2.0M in projects costs. However, there remains a gap in
covering total redevelopment project costs, which are estimated at $5.35M.
It bas been the understanding that the minimum amount of local subsidy that would be needed to
keep the project moving forward was $640,000 in grant funding. At the October 5 study session,
City Council discussed the potential to fill a portion of the project funding gap with a grant in the
amount of$470,000 as well as potentially being a minority owner of the property in order to
defer property taxes At their November 24 meeting, the WRHA committed to a grant of
$170,000 and a loan of $400,000. At that time, the total estimated "bridge Joru1" being requested
by HEI was $3.3M; so the HA loan was only meeting a portion of that gap. A January 12, 2016
meeting of the WRHA has been scheduled to present the new development scheme and to
reconfirm WRHAs commitment to the grant and loan amounts.
The current request from the City is for a $1.925M bridge loan, proposed to be repaid in years 2
and 3 of the project through HOME funds and tax credit proceeds. The requested loan from the
"WRHA remains the same-$400,000. The total estimated ''bridge loan" is now approximately
3
$2.325M (approximately $1M less than estimated in late November). It is still being determined
the detai .ls of when and how the WRHA loan would get repaid; however, the pro forma does
assume full repayment ofboth loans.
Since the October 5 CC meeting, a signjticant amount of work bas been completed by HEI and
by staff to better understand the financial feasibi lity of repurposing the Fruitdale School building.
Most of thi s work has involved review of the development pro forma, project cost estimates,
preliminary market feasibility analyses and other deal points that will eventually be included in a
development agreement among Fruitdale School Partners (FSP), the City and the WRHA. The
review process has included Patrick Goff, Ken Johnstone, Lauren Mikulak and Steve Art from
the City, along with our third party representative, Economic and Planning Systems. From the
developer side, these negotiations have included HEI, their financial consultant, Grant Bennett
with Proximity Green consulting and their prope1iy manager, Chris Maley of Pinnacle Real
Estate Management (PREM).
Additional Background
Foll owing is a summary of the property's hi story as a school and while under the ownership of
the Wheat Ridge Housing Authority. This background information was also included in th
October 5 study session memo, so is provided rimaril y for the benefit of the new City Council
members.
The Fruitdale School building is located at I 0803 W. 44u' Avenue and is currently owned by the
Wheat Ridge Housing Authority (WHRA). The property was deeded to the Jefferson County
School District in 1883 and the first school was buill on the site in 1884. This original building
was destroyed by fire in the 1920s, after which noted Denver architect and developer Temple
Buell designed the existing red brick school building in 1927. Additions on both sides of the
building were constructed in the 1950s and the facility served as a public school until 2007.
Listed below is a timeline of events that have occurred si nce 2007 including the purchase of the
school by WRHA and the many attempts to identify a viable end use.
• Fall 2007 -Fruitdale is decommissioned as a school in 2007 when the new Norn1 a
Anderson Preschool opens on the adjacent property. The east addition of Fruitdale is
demolished to accommodate the preschool. Utilities to Fruitdale are disconnected and
transferred to the new preschool, and the historic building becomes vacant.
• Spring 2008 -Jeffco Schools issues an RFP to soLicit proposals for the possible sale of
the building. WRHA decides to submit a proposal for renovation of the school into
residential units.
• April 2008 -WRHA retains Entasis Group to complete a cost estimate for a possible
residential reuse of Fruitdale. WRHA pays Entasis $22,000 to develop conceptual plans
and work specifications. Entasis completes a proposal to renovate the building into
residential lofts; the cost for renovation is estimated at near! y $1 .7 million fo r an average
cost of$188,000 per unit for nine units.
• Fall 2008 -After exploring financing options, WRHA decides a residential reuse of
Fruitdale is not feasib le because of the financing requirements associated with
4
multifamily development. The WRHA notifies Jeffco Schools that the project is no
longer considered feasible and the proposal is withdrawn.
• Summer 20 I 0 -The Fruitdale building has remained vacant for three years, and Jeffco
Schools contacts Wheat Ridge to see if the City or Housing Authority would like to
reconsider purchasing the property before demolition plans are finalized.
• July 20 I 0 -WRHA decides to commission a more detailed market analysis to assess the
viability of converting the Fruitdale School into residential units.
• October 2010 -A market analysis is completed by The Genesis Group for a fee of
$4,000. The analysis considers for-sale and for-lease residential uni ts. The results of the
analysis again indicate that a residential reuse is not financially viable, particularly given
the economic and multifamily housing market conditions at that time. The Housing
Authority decides again not to pursue acquisition of Fruitdale.
• November 20 I 0-WRHA sends a letter to Jeffco Schools indicating they are not
interested in purchasing the building.
• February 20 II -The school district prepares the building for demolition. The Mayor,
with support from Colorado Preservation Inc. (CPI) staff, approaches Jeffco Schools
about the possibility of WRHA purchasing the building to save it from demolition.
• April 2011 -After several months of negotiation, the Housing Authority ultimately
purchases FrllitdaJe School fo r $112,000--the same price which Jeffco Schools had
already paid for environmental remediation in preparation for demolition. A portion of
the new preschool's playground remains on the land deeded to WRHA.
• Fall 20 II -The interior of the school has deteriorated because of a lack of climate
control and a leaking roof during the four years of sitting vacant. WRHA decides to
install a new roof, and the building is weatherized for a cost of $110,000.
• Spring 2012-Based on an application submjtted by CPI, a $15,000 non-matching grant
is received from the State Historic Fund (SHF) for completion of a Historic Structure
Assessment (HSA). Slaterpaull Architects is hired to prepare the HSA.
• December 20 12 -The HSA is completed and identifies $2.2 million in deficiencies; the.se
would need to be addressed simpl y to make the building habitable, without any major
interior changes to the building configuration or tenant finish work.
• Spring2013 -WRHA applies for and receives a second SHF grant in the amount of
$43,000. This includes a required 25% match of$11 000 from WRHA, and allows for
the preparation of construction documents as identified in the HSA.
• March 2013 -After applying for historical landmark designation, Fruitdale School is
approved to be included on the National Register of Historic Places and the Colorado
State Register of Historic Properties.
• December 2013 -WRHA retains Butler Burgher Group to complete a valu ation and
market analysis that explores possible reuse options (condos, apartments, office, retail,
industrial, etc.) and quantifies the feasibility of each. The market study assumes that
deferred maintenance ($2.2 million) has already been addressed and considers the
5
renovation costs and stabilized values for each type of land use. The market study
concludes that no specific land use is considered a ''highest and best use," and any
potential reuse would likely have a funding gap of $1.5 to $1.75 million dollars. If
redevelopment is desired, the study recommends a partnership with the City.
Alternatively, it recommends demolition as the most objective, financially feasible
option, although this too would be at a loss given the land value is Jess than the combined
costs of demolition and the Authority's investment to date.
• March 2014 -WRHA publishes a Request for Interest (RFI) to solicit reuse proposals
from the development community.
• July 2014 -Three proposals are received in response to the RFI, and the Housing
Authority selects a proposal from Mountain Phoenix Charter School for an expansion of
their charter school into Fruitdale. A purchase and sale agreement is executed in
October.
• January 2015 -After several months of due diligence, the charter school tenninates the
purchase and sale agreement.
• February 2015 -The Housing Authority offers another RFI respondent, Hartman Ely
Investments (HEI), an opportunity to present their redevelopment proposal.
• April2015 -HEl presents a preliminary reuse proposal to WRHA and is granted an
exclusive four-month period to conduct due diligence.
• September 22, 2015 -HEI presents an updated $6 million redevelopment proposal to
WRHA. The Authority approves a motion directing staff to negotiate a purchase and sale
agreement with HEI.
• October 5, 2015 -HEI presents the development proposal to City Council at a study
session and discussed the need for a $470,000 grant from the City.
• November 6, 2015 -Recording ofPSA between WRHA and FSP.
• November 24, 2015 -WRHA passes a motion authorizing their t"inancial participation in
the amount of a $170,000 grant and a $400,000 loan.
FINANCIAL IMPACT:
Updated Project Pro Forma (refer top. I 0 of the Redevelopment Summary for a pro forma
summary)
Over the past 3 months, the project pro forma has been substantially expanded in detail and most
importantly has been projected out in time over a period of 15 years, as is typical in analyzing a
real estate investment project. Project costs have also been further developed with the use of an
architect and general contractor. Apartment rents and property operating expenses have been
researched and provided by HEJ's property manager (PREM).
Further work has also occurred in regards to securing additional sources of gap funding sources.
• Jefferson County Community Development has provided a preliminary commitment
letter for $640,000 in HOME funds over the course of2015, 2016 and 2017. The 2015
HOME commjtment has increased from $200,000 to $420,000, primarily due to this
project's ability to implement quickly.
6
• Preliminary commitment letters have been provided to sell the Historic Preservation and
Solar Power tax credits to investors.
• A solar power subsidy has been awarded by Xcel Energy (in addition to the solar tax
credits).
• Talks are ongoing with banks that would provide a bank Joan for a portion of project
costs.
• Additional grants will be pursued, but will be undetermined w1ti l after a development
agreement is proposed to be executed. However, the first of those is a detailed application
to the State Historical Fund, which is due on April I, 2016 and will take substantial time
to prepare after the development agreement is executed. Additional HOME funds on top
of the $640,000 nlready committed are also possible after the development agreement is
executed.
The long term "gap" in the project pro forma continues to be $640,000. Additionally, based on
the timing of various aspects of the project pro forma, there is a significant short term need for a
bridge loan, which is being asked to be filled by the City and WRHA. The total bridge Joan need
is approximately $2,300,000 ($1,925,000 of which is requested from the City and would need to
be taken from the City's restricted reserves).
The developer and project team have proposed that bridge Joan could be funded with $400,000 in
WRHA reserves and$ 1.925,000 from the City. All of these amounts would be paid back to the
City and WRHA over time, leaving the out of pocket public contribution to the project at
$640,000, as follows:
• City's loan will be paid back initially in 2017 and 20 I 8 in the amount of approximately
$1,925,000 as the developer (FSP) receives $200,000 in HOME funds and approximately
$I, 725,000 in tax credits sale proceeds.
• The terms under which WRHA would be repaid are still being negotiated. However, the
goal is to have them repaid no later than year 15, including interest at a reasonable rate
beginning in year 7, and preferably, pay back would be much sooner.
The rationale for the timing of these repayments is as follows:
• City has a need to be re-paid more quickly due to significant costs for the local match
portion of the Wadsworth reconstruction project, beginning in 201811 OJ 9.
• WRHA during a study session in 2015 came to a general consensus that for the time
being, they were not in a position to convert SF homes into owner-occupied affordable
housing due the very tight and expensive housing market. As a result, there is no short
term identified use for the approximately $645,000 the WRHA currently has in their bank
accounts.
RECOMM ENDATlONS:
Public Benefits
HEJ has provided a general description of the diverse public benefits to be derived through this
public/private redevelopment (p. 5 of the Redevelopment Summary). From aHA perspective,
these benefits importantly include the provision of affordable housing, which is at the core of the
HA 's mission. That said, the more general public benefits include: preservation of a significant
historic structure and the development of unique market rate housing in an area of the City that
7
would benefi t from additional real estate investment.
Conclusions
HE.I remains very committed to the redevelopment of the Fruitdale school property and have
continued to expend significant time and money to that end. Their stated desi re is to negotiate
necessary Development Agreements with the City and WRHA between now and the end of
January or early February in order to keep moving forward on this redevelopment effort. HEI
needs to begin construction on solar panels in order to have those completed in the fall of20 16
and realize approximately $340,000 in reduced utility costs and utility company REC payments.
whi ch are critical components of the pro fonna in addition to the solar tax credits.
Based on preliminary direction from City Counci l that will be provided at the study
session, staff has tentatively scheduled the February 8 regular business meeting to take
action on a more fom1al commitment to public financial participation on the project.
It is important to note that any action taken by City Council to commit to public financial
participation in this project is but a first step in a series of steps that would occur over the
next 6 months. when a closing on the project is anticipated. A series of milesto nes would
need to be achieved prior to any public money actually being spent on the project. These
milestones would include:
• Execution of a development agreement defining obligations of the City, the
WRHA and the Developer
• Preliminary approval by state and federal agencies to validate the eligibility for
historic preservation tax credits
• Final ization of commitment from tax credit investors
• Finalization of a private bank Joan
• Finalization of commitment of HOME funds
• Finalization of construction drawings and approval of a building penn it, reducing
risk associated which project construction costs
Each of these milestones, when achieved, has the result of reducing the risk of the project
defaulting on paying its loan from the City. It is also important to note that no public
moneys will be spent until FSP closes on the acquisition of the property; and then
incremental payments will be made upon actual progress on construction. The final
payment will not occur until the project has achieved substantial completion, at which
point the building and site will have been transfom1ed into a unique, mixed income, loft
style housing project that would be the first of its kind in Wheat Rid ge.
ATTACHMENTS:
1. HEl Redevelopment Summary
8
The Original Historic Building -1929
Current Site Conditions
The Proposed Redevelopment
Fruitdale Lofts,
Hartman Ely Investments LLC Attachment 1 1
Hartman Ely Investments:
• Adaptive re-use and historic building specialists for 35 years
• 1 OQ%, involvement of our business owners with each project
• Limited number of hand-crafted projects each year
• Our process: A patient search for the best solution (lots of analysis/test fits)
..
i'. l l I ! I I .
..
a I I I I
a!!--il J ... ' ... .:t. ~I! ~I ... ..)jl . I 111 II . ~
-Iii
. ._,: •......
-'*' .. --
Odd Fellows Hall (before) Odd Fellows Office/Retail (after)
Jim Hartman, Project Architect , prev1ous firm
Courtyard Hotel (before, as Joslin's Dept Store) Courtyard Marriott Hotel Downtown Denver (after)
J1m Hartman, Project Architect & Development Manager, previous firms
Fruitdale Lofts,
Hartman Ely Investments LLC 2
Hartman Ely Investments:
Lowry Steam Plant (before) Steam Plant Lofts (after)
HEI, In partnership with Harvard Communities
Solar power
Revitalized 1939 historic building
Five new neighborhood restaurants
Hangar 2. Aerial Photo of Site (before)
Coogle earth ....:= ..
Hangar 2 Lowry, Aerial Photo of Site (after)
HE I, in partnership with Larimer Associates and City Street Investors
Fruitdale Lofts,
Hartman Ely Investments LLC 3
Hartman Ely Investments:
• Similar rental apartment projects in Denver involving affordable units,
historic tax credits and State Historic Fund grants (with previous firm):
• Bank Lofts, 126 units, completed in 1996, $13,000,000 total cost
• Boston Lofts, 158 units, completed in 1998, $24,000,000 total cost
• Grand Lowry Lofts, 261 units, completed in 2000, $27,000,000 total cost
Bank Lofts (Downtown) Boston Lofts (Downtown) Grand Lowry Lofts (lowry)
• Similar size rental apartment project developed and owned by HEI in
Denver, managed for HEI by Pinnacle Real Estate Management:
• Park Hill Place (East Colfax), 17 units. completed in 2014, $2,000,000 total cost
Exterior
Apartment interior (before)
Fruitdale Lofts,
Hartman Ely Investments LLC
Apartment interior (after)
4
Key Issues, Fruitdale Lofts:
• Public Benefits From Redevelopment:
./ Revital ize vacant National Register historic property with $5,350,000 project .
./ Increase the supply of affordable, family and work force housing with the first ,.!jfj · ric loft-style residential development in Wheat Ridge .
I'd mic benefits to apartments as well as edible
•
· ts to community .
received (no impacts).
-Land swap and school deed restriction removal underway.
-Total City/WRHA subsidy amount of $640,000 unchanged but bridge loan of
approximately $2,325,000 necessary. Loan amount to be confirmed prior to
property purchase.
Fruitdale Lofts,
Hartman Ely Investments LLC 5
Redevelopment Features:
1. Revitalize a key historic landmark and site (including house at SW site corner}.
2. Create up to 16 well-designed apartments for families, low-income individuals and
the Wheat Ridge workforce.
5. Implement innovative energy and sustainable solutions in all parts of the property
(solar power, energy efficiency, daylighting, electric vehicle charging,
Fruitdale Orchard and edible landscaping).
44th Plaee
E.cJoq ---
West 44lh Avenue
Proposed Site Plan
Artist's Rendering of Proposed Redevelopment
Fruitdale Lofts,
Hartman Ely Investments LLC 6
·-'
Example: Single level residential space
at HEI's award-winning Steam Plant Lofts property, Lowry
@Apartment 16
A2 SCololllV•I"
Apartment Sizes and Rents:
• 2-Bedroom Affordable Apartments (2):
625-700 SF, $700-$955/month
• 3-Bedroom Affordable Apartments (3):
1,000-1,035 SF, $1 ,100/month
• 2-Bedroom Workforce Apartments (7):
650-845 SF, $1 ,250-$1 ,350/month
• 3-Bedroom Workforce Apartments (4):
950-1,160 SF, $1 ,550-$1 ,600/month
Ground-level apartments at Fruitdale
Fruitdale Lofts,
Hartman Ely Investments LLC 7
Example: Multi-level residential space,
at HEI's award-winning Steam Plant Lofts property, Lowry
Second Floor and multi-level, loft-style apartments at Fruitdale
Fruitdale Lofts,
Hartman Ely Investments LLC 8
Innovative Energy Solutions:
Examples: Solar power and electric vehicle charging at HEI's award-winning Hangar 2 property;
2015 Urban Land Institute's Innovative Project of the Year (and other awards)
00•------ao>-CT\ ~~~~ -~ei J.:r '1@?!: evlc....b!N.JO ~~ ~r
W~'~"..-l'-1" ~ ~JILl'~~ ·~·DOlO
Solar power and daylighting for apartments
Solar power roof plan
•
Fruitdale Lofts,
Hartman Ely Investments LLC
Daylighting at historic stairs
9
Pro Forma Summary:
Confidl!ntill Comi'Mfci&l .nd Anandlllnform11t1on-Exl!l'l\pt From Public Disclosure In Acconfance with the Colorado Public Records Aa
Fnlitdale Lofts -Hartman EJy Investments
Sources end Uses, Income TIX Credh Calcullltlont
Slllt~· doll,._
Oellln. IUppCWt profusloNis
,..,.,..,. • Fees
Oewloperupe-....
SGftcottWiolloC*'CV
HardCIOitl
Hllnlcott~ fln:::lrJ Costs
Souras -Initial-used to fund ClOftStnldlon a detalopment
GnMts
Oty ot vn-t Rldp
WI.-Aidp ..._..Authority
HOME Funds • Jefrwnon County
&tcltrpttM Zone fqulptMntTax o.dlt ·Jefferson C.O..nty
~ Hist1:Wka1 Fund tnnt
T~!ueUp.c
s
$
T P Cndk IIMStot fundln& • Hlltorlc: S
Tox Ci"eclft IIMHtlor fundlnl· Solar $
$
$
$
$
$
$
$
$
$
s
$
220,430 $
9,999 $
$
$
17.000 sf
U.7«> sf
l!!!lli!S
10
342.500
407,100
225,.500
U7.0U
3,159,732
.S,913
U6,6J6
s.m,5IS
2Us!!!!
O .. C*
~
7.&K
·~ ~
~
aft
~
100.0!'
~ ~
$ o.oo $ 0.00
$ ll:U.S $ 2>4.93
$ n.J5 $ 29.63
$ 13.26 $ 16.41 s 6.88 $ 8.51 s 221..16 $ 273.6a
s 21...59 $ 26.71
$ U6 $ 8.49
$ Jl3JS $ -.u
~I HrTC funds 1NY not be .-...liable
(pe_~ further, detailed ,....,._,
S.n5A71_ HITCand srtCfunds a.n.nt projKJ:alter constNctlon
,..,.,.c.-
Qty ot Wl.et Rldp-~CIIpltal
WhNt Rldp Housinl Authoflty • ~ c:apkal
OdttA~
Comnwrdll Loan (75" Loan to St8blllled v .... , EsC . Frulldale Sdloolhrtnets
Income Tu Ctedlt:s -Historic (HfTQ, Solar (strq, end Enterprise 20M (DBTQ
Ouai!Mw Cpss
Fftwrtl SGIIIIr ...,_. Ta Cmllt
Qullllfylrc Costs $ 32A,718 sm: ..... (!<*of quelfytnc _,
,...,.., 1t11t.tc .._ Tax Owdll
Qr..olollfyq Costs s 4,1560,402
HrTCvalue(~otq~-)
st.a~t-Tao.tllt~oftt,.OIID,«<hp,._J
~·Costs $ 4,1560,402
HITCwt .. (ll<* of que~ costs will! S2M cap)
Qualfyl,. Costs $ 2.660,402
HITC vat .. (~ of remalnl,. que~ costs will! $2M cap)
$
$
$
$
$
$
$
$
$
s
Subtotal Feder~l ScMr & Historic arcl Slata Historic lnc:ocM Tax Ctedlts $
St«w ~z-E.q~'--Tt~~~CJ..-... ~Coulf)o
Qualify!,. Costs· apt. cablneu a·~ and IOiar system S
EZEITC....._ (W of qudt>/4,. -.1 $
UlS.OOO 36.U'
400,000 7~
3.-.,sJQ
1.,6Q,147 30.9'1'
~eu 5.""'
5.D5,503 lOI.ft
fiQlll .
97,415
932,080
600.000
400.000
2,1)29.496
Fruitdale lofts,
Hartman Ely Investments LLC 10
... -
·-... _ . ..... --... ... _
u ... -----·----·---·-·-----... ------·---·---.... --·----_.,_ -------..... ---·---... _ .... ... _ ... --·-----.... --.. _ -.. _ ---.... --------.... --·---·-----... _ -.. _
..... -· ----.. _, ----·
,.,.,, .... ,,_ --
Schedule:
1--.... 1:--~-t.-• , •• ,_ ... -. ... _, --· .......... --· --· --· --· -----· ....... tU • ------.... ~-..n ---..... .,.. .......... '-'-" --· -----.. __ .. _ .. ... _ .. ... _ . ----............. --· --· fllte'W -..~-·-· _...,,. --· .. .,...._.....,.. --....... __,_ --· --· .. _ ·---... ...,. ...... --.. _. .. ---
... .. ................ " .... , ............ ---.. .. ..
.. .. ......... -•
-• --• ..... ... • ---• • • -•
• -•
-•
';,:.
"'~'"--
:
' Df'--·-4'"'-...._ J[!;:Z),_,..,.._:
. ----~-... ----.,......_,...,. .,......_,.._o ----
Fruitdale Lofts,
Hartman Ely Investments LLC
--·
11
Next Steps:
1. City approves $470,000 subsidy, economic development bridge loan of approximately
$1,925,000 and overall public/private partnership details as described by the Development
Agreement.
Wheat Ridge Housing Authority (WRHA) re-confirms its $170,000 subsidy and economic
development loan of approximately $400,000.
2. Submit historic tax credit applications in early February.
3. Select tax equity partner(s) and redevelopment lender.
4. Execute City/WRHA-HEI Development Agreements and begin public outreach program in
early February.
5. Finalize historic t-ax credit preliminary approval with State/Federal agencies, re9ne
City/WRHA bridge IQat;t ameunts-and execute tax e:Quity Partnership Agreements 1n Spring
2016.
6. Begin detaUed design In Spring 2016.
~ .. C9fllirm City/WRHA/InPI btl"-lo1111 amount~ in I.e Summe, .2016, prior to HErs
p~~ purchase and anv apendlture of City/WRHA funds.
8. Complete proj-ect in mid 2017 (conw.1•tion of solar power Sf$~m in late 2016).
9. Pay back City and WRHA (majority! itt ~017/2018 fromJ~co HoME fund's and tax credit
proceeds). Balance over time from future rent sharing an<fprope fintY'ce.
Fruitdale Lof.ts,
Hartman El'l lnvestments LLC
3)
"~· . .. ~ r City of • --~Wheat&_dge ~OFFICE OF THE CrrY MANAGER
Memorandum
TO: Mayor and City Council
FROM: Patrick Goff, City Manager~
DATE: January 6, 2016 (for January II , 2016 Study Session)
SUBJECT: Wheat Ridge Foundation Donation Request
City Treasurer Jerry DiTullio received the attached donation request from the Wheat
Ridge Community Foundation in the amount of $1 0,0000 for the STEM/STEAM Gala
and the Curtis J. Gilmore Lifelong Learning Scholarship.
A IT ACHM ENT:
I. Letter from Wheat Ridge Foundation, dated December 16, 2015
Whe~t R1dgf! CX)6 ~ St. 'Nheat Ridge. co 10033 Phone: m-23 H 307 Fox: 303-23 H 3SO
Foundation --.o,. _ _...,.,~
Wednesday. December 16.2015
Dear Trusu.rer and STEM/STEAM Gala Committee Member teny DITulllo,
The Wheal RJctae Community Foundation ls requesdnaa $10.000.00 doudon from me City of
Wheat IUd,e In support of two ln.tUattves we an belptna c:oordiaate at Wheat RJcfae Hllh School:
SS,OOO.OO for die STIM/S1"1A.M Gala
•otrto the Rac:est• wtll be beJd Saturday. Aprtl 911 &om 6 p.m. to 10 p.m. at Stonybrook Manor In
Thornton. 'lbe Steerin& CommJttee. comprised of pareats. teachers and POUDdation members,. bas
challet:tpd Itself to ftmd half oftbe ammal ezpeaes ol dte STEM/STEAM 1"'011 ants by ratslDa
$30,000.00 at the Gala. A contrtbutJoD of$5,000.00 from tbe Ctcy of Wheat Rldp. combined Wltb
ticket sales revenue. will cover the costs of puUJna on a 200~attendee evnL A SSOOO.OO dOAidoa
wtlleDable the Gala Committee to apply all the proceeds oftbe fundralslq events at the Gala to tbe
$30,000.00 fwulralsSAJ toal Tbe suppon of the City ln belplD& tbe StMrlftl CommJttee reach Its
...,-esstve fulldralsln& aoaJ wm be most appred.lted. The community at-larp atone with tbe 65
students partSdpaUDa ln these c:uttiq~. ral-wol1d STBM/STEAM educatloul experteac:es wUJ
be tbe beneftdarles ordlls aenerous doudoo.
ssooo.oo lor tM CUrds J. W.Oft Ulelolaa .......... Sdlolanlalp
In 2014. the Wheat RJdae Commualty Foundatlon (WRCF) .wanted the ftrst two S1000.00 Curtis J.
GUmore U!elona Leamlnc Scbolarsblps. The CJG Sc:bola.nhlps are aWarded annuaDy to madeats
pursulJla two-year associate dep'ees/cert1flcaus ln non-academic carftr tracks. Rec:optzlftl that
de1n1nd for slciUed worbrs ln the workplace ls htab. the C)G Sc:botarsblp seeks to pve Seniors at
Wheat RJdp Hllh School who have earned a 2.2 GPA or bJaher, the opportunity to ent.er trades that
offer the potential to eam 1 decant Uvtn.a wap. n,e Foundation. alter presenttac this ICbolarsbJp
opportunity to non~ tamers In two StDlor Eqtlsb Classes. aatldpata •ecetYtDa ap to 20
applk:adoM for tbe C)G Scholarship m 2015. It' a Ubly daat tbe FOUDdadon wOl move the dndllne
for appiJc:adoa from AprO to laauary to aBaw date m nile as maadl mouy as possible to belp
award tbe CJG Scbolarsblp to • muy quallfled appllc:uts as possible. The Founclatloll bu already
raised enouah funds to be able to award tbrte qG Sc.bolanblptln 2015. A $5,000.00 coatributlon
from the Qty wtU raise that awnber to filbt. well on our way to 10 to 15 Kholanhlps to be
awarded ln 2015. The Founclatton Board would be pleased to panDer wtth the C1t7 ofWbeat Rldae
In thls llfe-c:buatna lnJtlattve for aumerous students and fam1Ues ln our commwatty.
Thank you for your support for these requata and your pll1klpaUoa oa the STEM/STI!AM Gala
Committee. Let us kDow 11 you aeed more lnformadOG.
SlDcerety,
What Rld,e Community PouadadOA Eaecuttve Commtttte:
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President VIce President